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0741RESOLUTION N0. / ~ u WHEREAS, a Petition has been signed by many City Employees requesting a seven per cent (7%) pay raise retroactive to January 1, 1980; and, 6JHEREAS, the City Council of the City of West Memphis, Arkansas, is anxious to grant the request of a seven per cent (7%) pay raise; and, WHEREAS, it is the intention of the City Council of the City of West P~lemphis, Arkansas, to pursue every means possible to secure funds for this increase; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ~+IEST MEMPHIS, ARKANSAS: 1. That the City Council desires to give the seven per cent (7%) pay raise retroactive to January 1, 1980. PASSED AND APPROVED thi s ~ day of ~i~ // G/,r3 /~ ,~ 1980. MA ATTEST: ~-~ ~il,~,{V~,~ iii 4 1+t~t.i~l4~~ ~ ~ ~~ ~ ~k v ~~ ~~ ~• , r ° , RESOLUTION N0. ~!~ ~i A RESOLUTION RATIFYING APPROVAL OF THE SETTLEMENT AGREEMENT BETWEEN ARKANSAS POWER & LIGHT COMPANY AND THE CITY OF WEST MEMPIiIS, ARKANSAS, BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OI+ TIME CI~1'Y OF WEST MEMPHIS, ARKANSAS SECTION 1. That the City of West MempYiis, Arkansas, hereby approves and ratifies the execution on its behalf' of the Settlement Agreement between the Arkansas Power & Light Company and its wholesale customer intervenors in a rate proceeding before the Federal Energy Regulatory Commission bearing Docket No. ER79-339. A copy of said "~ ~ Agreement is attached hereto and marked Exhibit "A" and ~- is included herein by reference as if set out line far line and word for word. SECTION 2. This Resolution shall be in full force: and effect from and after its passage and approval. PASSED AND APPROVED this _~~a day of , 1980. ~I ~• ~~MAY R ATTEST: ', ~ CITY CLERK U ~ C.EiYIaCI CI1~Y t,I~:t17K'~ i~~~r ~3 ~"~ I ~ ~~ ~~ ,, ~ ~ g ~ E D R A F T • 12/21/79 Arkansas Power & Light Company ) Docket Na. ER79-339' PREAMBLE TO SETTLEMENT AGREEMENT i. On April 30, 1979, Arkansas Power & Light Company (AP&L) , tendered for filing proposed rate increases to seven municipal customers (proposed Rate Schedule GJvi2), ttvo cooperative customers (proposed Rate Schedule 6JC2), and the City of Jonesboro, Arkansas (proposed Amendment to Appendix B of a January 23, 1973 contract). Based on a test aerinri consisting of the twelve months ending December 31, 1979, the proposed rates would result in an increase of approximately $6,67Q,000. Public notice of AP&L's filing eras issued om tray 3, 1979, with comments due on or before May 25, 1979. On Flay ?_5, eight of AP&L`s whoie- sale customers */ (Customer Intervenors) submitted a petition to intervene. 2. By order issued August 6, ~ accepted the proposed rate schedule %i, Hess of the rates contained therein petitioning Customer Intervenors to to reject tf~e filing. 1979, the Commission, intew alia, s for filing, s~rspended the effective- until January T, 1980, permitted the intervene and denied their motion */ The Conway Corporation, Benton Municipal Light & Water Works, Hope tdater & Light Commission, City of Florth Little Rock, City of Osceola, City of Prescott, City of t~Jest hlemphis, Arkansas, Farmers Electric Cooperative Corporation, and North Arkansas Electric Cooperative. DRAFT Page 2 3. Representatives of AP&L, Customer Intervenors and the Commission Staff have participated in a series of settlement conferences in an attempt to reach a just and reasonable resolution of the issues in this proceeding. As a result, AP~:L and the Customer Intervenors have agreed ,. to the proposed Settlement Agreement contained herein. SETTLEMENT AGREEh1ENT 4. 4lHEREAS, AP&L and Customer Intervenors entered into a Settlement Agreement dated September 16, 1976, in resolution of the proceedings in Federal Power Commission Docket Nos. E-8250 and ER7G-1106 and WHEREAS, under the terms of said Settlement Agreement AP&L filed a rate application before the Federal Energy Regulatory Commission, which has been designated Docket No. ER79-339. . THEREFORE, AP&L and the Customer Intervenors, in resolution of the proceedings in FERC Docket Plo. ER79-339 agree as follows: (a) AP&L will defer implementation of its proposed $6,674,000 wholesale rate increase filed April 30, 1979 until the date the Arkansas Public Service Commission (APSC) issues an interim or final order in AP&L's pending retail rate case (APSC Docket No. U-2972) authorizing increased retail rates, or until AP&L implements increased retail rates subject to refund, whichever date is earlier. (b) AP&L will make an application to the Cormission requesting that the revised rate schedules attached as Appendix A, ~~~hich are designed to produce increased revenues of $4,700,000 based on the billing determinants for Period II, be placed into effect in lieu of the proposed rates filed on April 30, 1979, if tl~~is Settlement Agreement has~been approved in its ' ~ DRAFT ~ . Page 3 entirety by the Federal Energy Regulatory Commission prior to the implemen- tation date determined in paragraph ~4(a). Such revised rates will not be subject to refund. (c) In the event the Federal Energy Regulatory Commission has not approved this Settlement Agreement in its entirety by the date determined under paragraph 4(a), AP&L wi'il place its rates as proposed in its April 30, .1979 fi.ling.in effect on the date determined under paragraph 4(a), subject to refund. Such rates will continue in effect pending approval of this Settlement Agreement by the Federal Energy Regulatory Commission. Upon such approval of this Settlement Agreement, AP&L will put the revised t°ates attached as Appendix A into effect. Such rates ~vill not be subject to refund. (d) The fuel adjustment clause to accompany the rates contained in Appendix A shall be the fuel adjustment clause set forth in Exhibit 3 to the Stipulation Agreement between APE~L and the APSC Staff, dated September 12, 1979, in Docket No. U-2972, and set forth herein as Appendix 6. (e) Following the issuance of a final order by the APSC in Docket No. U-2972, APL will take action pursuant to the terms of the September 16, 1976 Settlement Agreement. In the event the APSC authorizes the use of a fuel adjustment clause which differs from the clause contained in Appendix B, AP&L will also file t~~ith the Federal Energy Regulatory Commission and seek approval of a fuel adjustment clause for the 4aholesale customers similar to that in effect for the retail customers. (f} During the period between January 7, 19II0 and the date determined in paragraph 4(a), AP&L shall exclude from the calculation of the fuel adjustment under existing t~~holesale rates, the quantities and cost of test energy generated by its ANO '~2 nuclear unit. DRAFT Page 4 (q) All provisions of the Settlement Aareeirent dated September 16, 1976, are ratified, confirmed, and continued. (h) Pdothing in this Settlement Agreement shall constitute an admission by any party of the correctness of applicability of any claim, defense, rule or interpretation of law, allegation of fact, principle or method of ratemaking or cost of service determination in Docket hlo. ER79-339. This Settlement Agreement is made upon the explicit understanding that it constitutes a negotiated settlement with respect to the Company's jurisdic- tional rates. It is further agreed that in any future negotiation or pro- ceedings whatsoever. (other than any proceeding involving the honoring, enforcement or construction of this Settlement Agreement or of the revision to any rate schedules to be filed raith the Commission pursuant to this Settlement Agreement) the parties shall not be bound or° prejudiced by this Settlement Agreement. (i) This Agreement is expressly contingent upon its approval by the Federal Energy Regulatory Commission without modification, unless such modification(s) as the Federal Energy Regulatory Commission may require are agreed to by the parties. All parties to this Agreement will cooperate in seeking its acceptance and approval by the Federal Energy Regulatory Commission without modification, then: (i) It shall not be binding on any party; (ii) All parties shall, in that event, be deemed to have reserved all their respective rights and remedies in this proceeding; and (iii) This Settlement Agreement shall mat be part of the record in such proceeding and all discussions and negotiations thereon shall he privileged. DRAFT ~ . Page 5 ' (j) This document is signed by negotiators for the Customer Intervenors ~~ith the expectation and belief that they are authorized to execute this Agreement. Ho4~ever, the negotiators for Customer Intervenors do not represent that they can legally bind the parties to the litigation. AGREED to this _ _ day of 19 . CONt~lAY ..CORPORATION , BENTON MUNICIPAL LIGHT APdD WATER 4dOP.KS, HOPE 4JATE R APd D L I GHT COMMISSION, CITY OF PdORTH LITTLE ROCK, ARKANSAS CITY OF OSCEOLA, ARKAf~dSAS CITY OF PRESCOTT, ARKAN~.4S, CITY OF 'JEST P~IEMPHIS, ARKANSAS, FARMERS ELECTRIC COOPERt!.TIVE NORTH ARKANSAS ELECTRIC COOPERATIVE ARKANSAS POWER & LIGHT COtjPANY B_y Jerzy L. Maulden President and Chief Executive Officer By ARKANSAS P01dER & LIGHT COMPANY ELECTRIC RATE SCHEDULE Issued By 0. V. Holeman, Director of Rates & Research • FEDERAL POWER COMMISSION RESALE SERVICE TO MUNICIPALLY Ol~lNED AND PRIVATELY 04JNED ELECTRIC Rate Schedule FPC No. DISTRIBUTION SYSTEMS Supplement No. RATE SCHEDULE 41M2 Effective: Page 1 of 7 APPLICATION Applicable to service required by a municipally owned or a privately owned electric distribution system for resale to its customers in its corporate limits and in territory allocated by the Arkansas Public Service Commission when the purchaser contracts 1J1til the Company far its entire purchased power and energy requirements. CHARACTER OF SERVICE Service vrill be three-phase, 60 cycles at Company's standard distribution voltage of 7G20/13~300 volts. Monthly Rate Load Charge $3.73 per K~1 First 260 Kash/Kir 2.027 per Kwh Al l Additional K~~~h 1.677 per I:~~rh Minimum The minimum monthly bill for service hereunder shall be the sum of the load charge and the energy charge,. if any, computed at the above rates and additional facilities charges applicable hereunder. Adjustments 1. Taxes. The above rate shall be subject to an increase or decrease in proportion to the amount of ne~•~ taxes or increased taxes which the Company may hereafter have to pay, which are levied or imposed, or increased, or decreased by la~~rs or ordinances ti~rhich are not in effect on the effective date of this rate schedule. ., ~ /1r1;,--n~,;- . ('c,~,~:~-• E- l irJl~t. Cnrrf~, r-y Rate Schedule 41M2 - Page'2 of 1 . 2. Fuel. When neither nuclear unit has been out of service fora period of more than 30 consecutive days for reasons other than refueling, or when a unit is down for refueling, the applicable fuel adjustment clause will be as follows: t t I. FACt = (q~ p~ + qfp pfp~ - (q~ + qfp + qh) X X R When either nuclear unit has been out of service for a period of 30 consecutive days for reasons other than refueling, the fuel adjr.rstment applicable beginning with the 31st day would be on the following formula r' II. The unit would k~e considered out of service from the time the unit was taken out of service until the unit was turned over to the system dispatcher. II. FACt = . 90 X (q~ p~ + qft p ft) - (qt + q t + qt ? X B X R P p ~n fp h Where: FACt = Exact dollar amount of excess fuel cost to be recovered in the second preceding month with any over or under collection to be adjusted in the fourth succeeding month. qn = Number of days in month X 24 X net capability X a capacity factor for nuclear capacity available to the Company without regard to operating constraints and forced outage of 79.52% for AtdO°1 and 65.OU% for ANO-2 . during its first year of commercial operation and 76.78% thereafter or a capacity factor of zero for a nuclear uni t down for refueling or ~~rhi ch has been do~~rn for 30 consecutive days or more plus any amount of test energy actually generated by such nuclear unit. ~~ qfp = Total, energy input during the month less (qn + qh) pn = The price of fuel used in nuclear units in the current month. pfp = The price of fossil and 'purchased power for the current month. R = Ratio ofi kwh sales to ultimate customers less. sales to Reynolds Metals Company to the total kwh sales. qh = Actual generation fro;n Company owned hydro. B = 4leighted average cost. of fuel and purchased power in the test year adjusted. hr•k~rnsas f'uwr~r• & L i qht , Cc~n;~,~,ny Rate Schedule tdh12 - f age 3 of 7 If a nuclear unit is expected to be out of service for any reason other than refueling for a period of more than 30 consecutive days, the Company s(~all file with the Commission on or before the expiration of the first 30 days following the commencement of such outage, a report setting forth in such detail as the Commission may reasonably request, tf~e reasons for the outage and the expected duration. Supplemental reports shall be filed at least every 30 days thereafter so long as the outage,conti~Ues. The Commission shall have, and reserves the right at any time after the first report, to conduct an investigation and, upon proper notice to the Company and hearing, enter an order prohibiting the implementation of formula II if the Commission determines that the facts and circumstances of the outage do not justify a recovery of excess fuel costs under formula II. If the Commission determines that a hearing is necessary, but after such investigation and hearing, is unable to enter an order pr^ior to the actual billing under formula II, the Company shall be permitted to collect such excess fuel costs under formula II, subject to refund, until the entry of a final order. f=or months during which Company~olrned nuclear generation is operating, there shall be an amaunt added to the nuclear fuel cost, which shall be the estimated replacement cost of nuclear energy during the period of time a nuclear plant is down for refueling. Said amount shall be credited to a reserve, on t•rhich an amount equal to the allowed overall rate of return will be accrued at said annual rate from the estimated average date of collection.. The reserve will be utilized to reduce the cost of replacement energy for the purpcse of calculating the fuel adj~rstment during periods when the nuclear plant is down for refueling. A separate reserve fund ~~rill be maintained .for each nuclear plant. The adjustment factor computed above shall: be further modified to allo~•~ the recovery of gross receipts and otter,similar revenue based tax charges occasioned by tl~e fuel adjustment r°evenues. BILLIfVG LOAD The Billing Load for the current service month shall be the coincident maximum 60-minute demand as measured by or computed from Company's demand meters (expressed in kilowa::t~~s) established at all of Customer's points of delivery during the current service month but not less than 75% of the 60-minute coinciident maximum demand established and bi 11 ed during the ttrel ~.~e maa~ths ending ~ti~i th the current service month. The billing load -in ea~ta winter month,. October through f~iay, will be reduced by 50% of its excess over the highest deniand established in the preceding months of June, July, August and September. .•' 'AI'f".~lII'~~1~ ~'l)b!('T' ~fA ~ 1(J~l~, ~l)Ili~hlilj/ Rate Schedule 4lM2 - Page 4 of 7 Where the Company provides, based on joint planning, an additional .__ point of delivery or makes additional capacity available to the customer after the effective date of this rate schedule, the billing demand for any month shall not be less than 50% of the sum of 1, 2, anti 3 below. 1. For transmission substations serving only the customer load; - 85% of the transformer capacity installed based on Company standard transformer sizes. 2. For transmission substation serving both the Customer load and the Company retail load; ~,,, - the maximum contract amount Kw made available. 3. For points of delivery served from the Company's . distribution system;.. - the maximum Kw made available. METERING Metering will be at 13,800 volts of the transformer supplying ser point of measurement is found to may also be made by a f:VA de-nand registered dill be considered as actual Kw. or at the voltage on the low side /ice. If the power factor at the be less than 85%, load measurement meter, in which case one KVR as .85 Kw, but not less than the ADDITIONAL FACILITIES In the event it is necessary for tl~e Company to install any additional transmission facilities (other than transformation and substation facilities) to provide service hereundet~, the Company will construct such additional facilities grid Customer will pay Company each month, in addition to all other chard«s provided herein, a monthly facilities charge equal to 1.5% of the original installed cost of such additional facilities. TRAfdSMISSION DELIVERY DISCOUNT If the Customer takes delivery of service at transmission voltage of not less than 115,000 volts, there wilh be a discount of 204 per Kw of billing load at such paint of dellivery. Billing load at each point of delivery tti~ill be its propor~.ional contribu- tion to the Billing Load. DELIVERY AT LESS THAN 13.8 KV Where the Company supplies service at a distribution voltage of less tf~an 1'3.8 f<v, such additional charge will be twelve cents (x.12} per Kar of Bi 11 i ng Load. /.lr't::trt~;a~, Pc~;:r~t~ ,~< Light Ccrrn~,~any Rate Sci~edule IJh12 - Page ~5 of ? PAYMENT Customer will pay to Company within 20 days of date of the invoice the net amount due. If any invoice, estimated or actual, is not paid by the due date as specified above, interest will accrue at the rate of 9% per annum from and after the due date. If Customer in good faith disagrees with the statement rendered by Company, it shall so notify Company prior to the due date. If the parties are unable to resolve any such matter by agreement, it may be determined by any regulatory body or court having jurisdiction. Interest at the rate of 9% per annum shall apply on any amount found owing by one party to another from due date until paid, or in the case of a refund due, from the date of the original payment until refunded. EMERGENCY PLANT OPERATIOtd CREDIT These provisions are applicable to those customers vrho have generating capability and are limited to the capability presently installed. A. Operation of Customer's Plant During times of emergency affecting either Company's or Customer's system, Customer >•rill, at request of Company, operate its plant in order that service to its customers may be maintained so far as possible. At other times, Customer's plant will operate as provided for in the Agreement for Electric Service. B. Cap acity of Customer's Plant The "Usable Capacity" of Customer's plant shall be determined fro m time to time at request of Company as tf~e highest 60-minute net outprtt in t<w measured at the end of a susta ined trial run of sufficient duration to determine capability, but it will at no time exceed the lower of the two follot:'ing Kw values: . (1) 67% of the continuous horsepower rating of the serviceable prime movers installed. (2.) 80% of the continuous Kva rating of the serviceable generators installed. The "Usable Capacity" of Customer's generating plant will be tabulated in the Agreement for Electric Service. C. t3illing (1) For months during ~~~hich Customer'srenerating plant is not operated at all, except. for emergencies, there will be a credit of $0.75 per K~~ of Load up to the Usable Capacity of Customer's plant. . Ar•k~rnsrrs Power & l.i~}ht Com~,,,ny ' Rata Schedule 4lM2 - Rage '6 of 7 (2) For months during which Customer's generating plant is operated during other than times of emergency, there will be a credit of $0.75 per Kw of Load as provided under condition (1) above, except that for this purpose Usable Capacity shall be reduced by the Kw supplied by Customer's plant during the 60-minute period of maximum net output of such plant during the month, as measured by demand meter installed and maintained by Company. In the event that the amount of power supplied Customer • when Customer's plant is being operated in the manner requested by Company is less than the minimum amount for which the Customer would otherwise be obligated to pay, ~ such minimum amount shall be considered reduced to the amount actually so supplied until modified by a further request from Company. (3) For months during which both conditions (1) and (2) above occur, the Load and the Energy used for the periods during which eaci~ condition obtained will be determined separately, and billing aril) be computed on a prorated basis in accord- ance -•rith the number of days during which each condition obtained. (4} If during any month Customer, as a result of an emergency in its generation plant, imposes a load on Company in excess of the load which krould have been imposed in the absence of such emergency, such e;;cess load shall not be considered in determining Qilling Load for subsequent months. CONTRACT PERIOD Agreement for Electric Service shall be for not less than taro years. TERM DISCOUNT Customers being served under exisitng long-term Agreement for Electric Service shall, for the remainder of their existing basic initial con- tract term, receive the fiollo~~ing term discounts applied to P~ionthly Rate Charges prior to application of Adjustments 1_ and 2: 5-Year Contract 2% 10-Yeas Contract 5% 20-Year Contract 10% SERVICE REGULATIONS Service trnder this schedule is subject to the Service Regulations of the Company and lawful orders of any regulatory body having jurisdiction. - ~ ~Irl:,rnsas Power' ~ Li~~ht Cc,wl,,rny Rate Schedule WM2 - page~7 of 7 RESERVATION Tile rates and charges contained herein are subject to amendment and change and both Customer and Company reserve tine right to seek amend- ments, changes, increases or decreases in the rates ancf charges set forth herein, in accordance with law, from any State or Federal re - ulatory body raving jurisdiction thereof. g CURTAILh1ENT OF pOt•JER APED ENERGY It is understood and agreed that if there were to be a shorta capacity and/or electric energy requiring Company to curtail go °f energy deliveries to its own retail customers, then Customer a rees 4~,,. that upon being notified by Company of such requirement to p wer• and curtail, Customer will institute procedures which will cause ft to cur g of poorer and Pnergy by its retail customers ratably as the curtailment to be imposed by Company on its retail customers• that Customer agrees that if, upon reasonable notificatidon, htwf~ijs to take the action which it hereby agrees to take, Company shall be entitled to take such action to limit deliveries of po~•~er and ener associated t!rerewith, including right of total interruption of po-,~er and energy deliveries during tf~e period any such event, Company shall not incur any liabil~tyaig-,o Customerains ~n connection frith the action so tai;en by Company in conformity with this section. It is the intention of this paragraph that any cr.rrtailment of power and energy shall fall equally on Company's retail customers and those of customer. .i i_r.r.. -' ARKANSAS PQWER & LIGHT COMPANY ELECTRIC RATE SCHEDULE Issued Qy 0. V. Holeman, Director of Rates & Research FEDERAL POt~lER COh1MISSION Rate Schedule FPC No. Supplement No. `_ Effective: RESALE SERVICE TO RURAL ELECTRIC COOPERATLVES RATE SCHEDULE WC2 Page 1 of G APPLIG/~T_ION Applicable to service required by a rural, nonprofit, electric cooperative r_orporation, organized under the "Electric Cooperative Corporation P,ct" (Act 342 of the Arkansas General Assembly 1937, approved t~1arch 25, 1937) for redstrikution to persons, firms, and corporatiocts ~~rhich such electric cooperative corporation can legally serve pursuant to and in accordance with present applicable laws. If Cooperative desires to take service at more than one point of delivery, separate bills will be computed for service at each such point. This schedule is not applicable for standby or breakdown service nor for service in conjE-nction with the generating facilities of other electric systems or of cooperatives. ~HAf~E1CT~R._QF _SERVI.CE. Single- or three-phase, approximately GO cycles, and at Company's standard distribution voltage of 7620/13800 volts. t~~It7NTHLY __RATE Load Charge First 260 Ktidh/Ker All Additional Kwh $3.20 per Kw 2.011 per K~~rh 1.661 per Kwh hti ni mum The monthly rninimum bill for service Iereunder shall be the sum of the load charge and the energy charge, if any, computed at the above rates and the amount of additional facilities charges applicable hereunder, if any. Ar(•.,ut~•n~. ('orrer £x t_ i c~ht Cc~ti~l~;~ny . Rate Schedule WC2 - Page •2 of G _ ;` Fue]._. AdZustment I. II. When neither nuclear unit has been out of service for a period of more than 30 consecutive days for reasons other than refueling, or when a unit is down for refueling, the applicable fuel adjustment clause will be as follows: FACt = (qn p~ + qfp pfp) cqt + qfp + qh) X B X R When either nuclear unit has been out of service for a period of 30 consecutive days for reasons other tl?an refueling, the fuel adjustment applicable beginning with the 31st day would be on the followir?g formula II. The unit would be considered out of service from the tin?e the unit was taken out of service until the unit vas turne over to the systen? dispatcher. FACt = .90 X (qn pn -~ qfp Pfp) - (q~ +qfp + qh ) X X R Where: M=ACt = Exact dollar amount of excess fuel cast to be recovered in the second preceding month -:~ith any over or under collection to be adjusted in the fourth succeeding month. qt = Number of days in month X 24 X net capability X a~capacit.y factor for nuclear capacity available to the Company without regard to operating constraints and forced outage of 79.52% for ANO-1 and 65.00% for At~O-2 during its first year of commercial operation and 7G.78% thereafter or a capacity fiactor of zero for a nuclear unit down for refueling or which has been down for 30 consec~rtive days or more plus any amount of test energy actually generated by such nuclear unit. q t = Total energy input during the month less (q~ + qh) fp pt = The price of fuel used in nuclear units in the n current month. p t = The price of fossil anti purchased power for fp tf~e current month. R = Ratio of kwh sales to ultimate customers less sales to Reynolds Metals Con?pang to the total kwh s~:les. t = Actual generation from Company okrn~~d hydro. qh 11r•k:,n~,~i; f'n~•ir~r, R LirPub Cnm;,r~n.Y ' Rate Schedule WC2 - Page 3 of G 6 = IJeighted average cost of fuel and purchased power in the test year adjusted. If a nuclear unit is expected to be out of service for any reason other than refueling for a period of more than 30 consecutive days, tf~e Company shall file with the Commission on or before the expiration of the first 30 days following the commencement of such outage, a report setting fortf~ in such detail as the Commission may reasonably request, tt~e reasons for the outage and the expected duration. Supplemental reports shall be filed at least every 30 days thereafter so long as the „~- ocrtage continues. The Commission shall have, and reserves the right at any time after the first report, to conduct ~` an investigation and, upon proper notice to the Company and hearing, enter an order prohibiting the implementation of formula II if the Commission determines that the facts and circumstances of the outage do not justify a recovery of excess fuel costs under formula II. If the Commission determines that a hearing is necessary, but after such investigation and hearing, is unable to enter an order prior to the actual billing under formula II, the Company shall be permitted to collect such excess fuel costs under formula II, subject to refund, until the entry of a final order. For months during which Company-o~;med nuclear generation is operating, there shall be an amount added to the nuclear fuel cost, which shall be the estimated replacement cost of nuclear energy during the period of time a nuclear plant is do4an for refueling. Said amount shall be credited to a reserve, on which an amount equal to the allot•~ed overall rate of return will be accrued at said annual rate from the estimated average date of collection. The reserve trill be utilized to reduce the cost of replacement energy for the purpose of calculating the fuel adjustment during periods when the nuclear plant is do~dn for refueling. A separate reserve fund ~=gill be maintained for each nuclear plant. The adjustment factor computed above shall be further modified to allow the recovery of gross receipts and other similar revenue based tax charges occasioned by the fuel adjustment revenues. BI LLING._ L,OA The Billing Load for the current service month shall be the maximum one-I1our demand as measured by or computed from Company's demand meters (expressed in kilo~•ratts) established at each point of delivery during the current service month but not less than 70% of the rnaxirnum demand establisf~~ed and billed at each point of delivery dur~i ng the t~•~el ve months ending t~ri th the current service {1rktErrsas I'uwer• & t_igii. Conil~.:~ny Rate Schedule t~JC2 - page ~ of G month. The Billing Load in each winter month, October through May, will he reduced by 50% of its excess over the highest demand established in ttre preceding months of June, July, August and September. Where the Company provides an additional point of delivery or makes additional capacity available to the customer at an exisitng point of delivery after the effective date of this rate schedule, the billing demand for any month shall not be less than 50% of 1, 2, or 3 belo4r, whichever is applicable. 1. For transmission substations serving only the customer ..r load; - 85% of the transformer capacity installed based on Con}pany standard transformer sizes. 2.. Fo.r transmission substation serving both the Customer load and the Company retail load; - the maximum Kw made available. 3. For points of delivery served from the Company's distribution system; - the maximum Kw made available. hiETEf~J.[~_C. Metering will be at distribution voltage. 7f tfie Power factor at the point of measurement is found to be less than 85%, load measure- ment may also be made by Kva demand rn?ter, in ~~rhich case one Kva as registered ~~~i 11 be considered as . 85 K.~•r but not less than the actual I;w. ADDIT.~OI~E;L_ FACI.L,T.TI ES_.CH.IRGCS ~n the event it is necessary for the Company to install any additional transmission facilities (other than transformation and substation facilities) to provide service hereunder the Company will construct such additional facilities and Cust.orner brill pay Company each month, ~, in addition to all other .charges provided for herein, an additional monthly charge equal to 1.5% of the original installed cost of such additional facilities. TftA[~Sf~1ISSI_QN._DEt,1:,1!ERY__DI_S000rYT If Custorrrer takes delivery of service at transmission voltage of not less than 115,000 volts, there rti~ill be a discount of 20~ per K~•r of billing load. . PAYt•1ENT Gustorner trill pay to Company within 20 days of date of the invoice the net amount due. • ~ /1r krrn~.;r~ fo~•n.~r' R L irlhl. f:onr;r,rny Rate Schedule WC2 - page 5 of 6 If any invoice, estimated or actual, is not paid by the due elate as specified above, interest will accrue at the rate of 9% per annum from and after t-he due date. If Customer in good faith disagrees with the statement rendered by Company, it shall so notify Company prior to the due date. If the parties are unable to resolve any such matter by agreenrenL, it may be determined by any regulatory body or court having jurisdiction. Interest at the rate of 9% per annum shall apply on any amount found owing by one party to another from due date until paid, or in the case of a refund due, from the date of the original payment until refunded. ~ONTRAC7_pERIOD ~ ~ ___ t Agreement for Electric Service shall be for not less than two years. T~Rt~I.,_f)I.~~QfJNI Cu$tomers being served under existing long-terra agreements for electric service shall, for t:he remainder of their existing basic initial contract term, receive the following term discount applied to Monthly Rate Charges prior to application of Adjustment 1: 20-Year Contract ZO/ ~EEZy'IC.E_ REGt)L~TI(~JS. Service render this Schedule is subject. to the Service Regulations of the Company and lawful orders of any regulatory body having jurisdic- tion. RES.E_F<VF.~T.ZQ[~. The rates and charges contained herein are subject to amendment and change and both Custcmer and Company reserve the right to seek arrrend- ntents, cf~anges, increases or decreases in the rates and charges set forth herein, in accordance ar~ith law, from any State or Federal regulatory body having jurisdiction thereof. CURTAILhtENT_~F. F'O~~~ER APdO EhdEf;C~Y_ It i s understood ancf agreed that i f there t,~ere to be a shortage of capacity and/or electric energy requiring Company to curtail power and energy deliveries to its otvn retail customers, then Customer ~igrees that upon being notified by Company of sr-ch reduirement to curtail, Customer will institute procedures arhich trill cause it to curtail use of power and energy by its retail customers ratably as the curtailment to be imposed by Company on its retail customers; provided, however, that Customer agrees that if, upon reasonable notification, it fails to take the action t•rhich it hereby agrees to take, Company shall be entitled to take such action to limit deliveries of power and energy associated ~hererri~th, including right of total interruption of power . ~ s ~r~E;rrn~ri~ {'aa;i~r ~; L i~~hL Cum~~~.~ny ' ~ Rate Sci~edule WC2 -page 6 of 6 and energy deliveries during the period any shortage exists, and, in. such event, Company shall not incur any liability to Customer in connection with the action so taken by Company in conformity with this. section. It i s tfie i nt.enti on of tl~i s paragraph that any cur•tai lment of power and energy shall fall equally on Coriipany's retail customers and those of Customer. "L t1 O M N W M cT N ~ U1 ul M U1 O~ cA ~O cq u1 ~ \ W ~ ~ O CJ .. O • O ~ O a\ I O ~ ~! • ~O -~ , ~O rl , v1 r-i i/l) r-1 ul r-1 u'1 I r-i Vl .-~ 01 r-1 O r-I U .-r r--I .-~ .--1 ` '--i .-~ .--+ .--1 . - l . '~ ~ N N vl N «-i ~'1 v1 ~ d1 00 ~ ~ 00 d ~ r..~ W ~ ~ h ~ O h ~ N ~ ~D M h O ul N .-t ^ ~O N ^ H M M 7 n n n ~ ., GO .. +rl .. M n N ^ ~ n r-i •• V'1 ~D ul N O N ~7 v1 M N .-+ O~ u1 N ~ M M ~ N ''+ N .~' ~ p~ h M ~t M ~D N ~ ~ ~ n 7' SR~ .-1 N H ~ ~ ~ ~ .--1 N ~O O vl 01 O~ O O\ h GO +n ~ ~ d> r-i O ~ V~ ~ N ^ W WH H N O ~D oo ~t N w ~o ~ ~ ~ ~ ~ ~ ~. M h ,~ U G -T ~~7 ~ ~ ~ O ~ N M N N ~7 O~ ~-1 O t~ t~ H a+ 'C ~O ~O ~O M I a H W n M ., ~t n M n h .. 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M ai ~ - ~OH ' p ~ N W N ~ O 61 u1 O ~D o0 r+ N r-1 Ol N ~ Ul ~ U 1 +Il I ~ \ O O~ O 01 O~ O ~ I ~ ~ ~ -~ -i .-~ I '" ~ '"~ I rl ~ O H Qi W W ,~ .-~ r+ -1 r~ , r ~ w a W h ~O d' ~O ~ t ~ ~'1 M (~ N h N M r--1 ~D ~O rl ~ W a\ O~ O ~O v'1 O h Q F~+ ~ *' 00 CO O ~O ~p ~ ~D ~1 O O ~ d M ~ O u1 00 O ~ ~ n ~ W f~+ ~ A N Ol O o~ v1 ~ O •--r O~ ^ ~O ~t ~ M ~ O W H th M N O u'1 O h .-1 h M t!y '-1 M ~ u'1 u1 ~O M ~t M M h N . -+ O~ N ~' d' O\ ~ a~ W M ~7 M h N .-+ ~ rn n ~ W ~ ~a`~ ~- ~ ~ t/?- tn- cn• ch t/)- d t/~ ~~a H ~ tr1 ~p r-1 01 00 ~--+ ~7 N M O Ol N M O~ ~t M ul ~ N Z ~ ~ ~ ~ u'1 ~ O ~ O~ O ~1 u'1 ~L` ~~ W a\ CO ^ ~ n .-1 n M n w n n n n n n n n n n ~ ~ U ~ r'1 N h H a H T ~ O ~ 01 d' ~7' ~7 N M N N l ai R ~ ~ u' d' N .-i h ~t N N N ~ ~ M 1 ~ O o0 O h M ~ ~ ~ ~ ~ ~ 00 W M Obi ~t T N ~O ~O u1 O ~O N ~ ~ ~ 00 ~ r-+ ~' 00 CO ~ M 01 Ol 00 ^ E-1 W ~ M 0p h ~p ^ O M h n n h ^ .-~ !~ N ^ d' n ~ n h p~ N Q~ ~t W ~ ~ ~ ^ ~p . -i M O 00 N N O ~ NO M N N d' 00 O~ N 7' r,' ~. ~ n ~ ^ ^ n r-1 n rl N '~' p.+ M ~7 M h N ~ ~ O ~ VY Q ~ W ~ V N H ~ ~ 0.i ~ Vl 'y ~ (0 H W~+ '~ H d oa v A ~+ ~ ~ ~ o o a a ~ a ~ ~ c~ <r, ~ o -C ro ~ U ,a.~ '~'' a~ ~'~' a~ ~ 3 ~ ~ N i u a~ t~ cn H ~ E.:~ S-~ H ~ o H ,7 A G a ~+ u o ~ ~ ` ~ i ;~. cal U LC .. -~ (. . ..