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0604 RESOLUTION NO. ° / INTERLOCAL AGREEMENT WITH CITY OF MEMPHIS FOR DISPOSAL OF SOLID WASTE MATERIAL: APPROVAL AND AUTHORIZATION WHEREAS, The City of Memphis, Tennessee, has agreed to enter into ii" an Interlocal Agreement with the City of West Memphis, Arkansas, whereby the City of Memphis, Tennessee, would provide for the disposal of the solid waste material accumulated by the City of West Memphis, Arkansas, and WHEREAS, The City Council of the City of West Memphis, Arkansas, has expressed a desire to consummate this proposal; and WHEREAS, The City of West Memphis expresses its support for the proposed solid and hazardous waste disposal system being developed by the City of Memphis; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY LOF WEST MEMPHIS, ARKANSAS: That the City Council authorizes the Mayor of the City of West Memphis, Arkansas, to enter into an Interlocal Agreement with the City of Memphis, Tennessee, on such terms and conditions as the Mayor of West Memphis, Arkansas, feels are to the best interest of the City of West Memphis, Arkansas. PASSED and APPROVED this (t day of 6 G"r} /j 6"4, 1977. 1,- 7Q1764" Mayor ' -Inidirli'ti ATTEST: imp -----) ,,,,.--- ec, ;/Y City Clerk . . , SETTLVMENT WIRUMENT IN FEDERAL POWER COMMISSION DOCUT NO. ER77- 78 i,....... , , WHEREAS, the Arkansas Power & Light Company 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 '' FR76-110; and ''-'lim WHEREAS, under the terms of said Settlement Agreement the Arkansas Power & Light Company filed a rate application before the Federal Powei- Comission, which has becn designated ER77-278. THEREFORE, Arkansas owor Lignt Company and the Customer Intervenors, in resolution of the proceedings in Federal Power Commission Docket No. ER77-278 agree as follows: 1 . As soon as practical after the execution of this Agreem!t, the LCompany will make an application to the Cummision requesting that. the attached revised rate schedules WM1 and WC1 , which are designed to produce increased revenues of $4 ,932,930 for Period II , be placed into effect on July 2, 1977. In event that the Commission' s order approving this Settlement Agreement has not been issued as of July 2, it is agreed that Rate Schedules WM1 and U61 , as one filed by the Company, shall be placed into effect subject to refnd on that date pending issuance of said Cc,malission o.:-der. Any amwnt's; collected subject to refund in excess of thos'o, that would have been eollected iii. P revied rate sch,.c!ules UM1 and WC1 shall be refundcci to tL:' ti- Intrvc2::Gq-s tooetkr with inLorest elt the rate of 9 percent per annum upon CommAcJsion' ,-, approval of this Settlement Agreement. 2. All proviions of the Sciticfnt Agreec2'.nt da tri September 16, 197C., .... L arc ratifie,n, eenfirm& , anl continued. .P-- - 2 _ 3. The parties specifically agree that in arriving at agreement on the level of the Settlement rates , Construction Work in Progress was ihmr excluded from rate base. 4. Nothing 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, pringiple or method of ratemaking or cost of service determination in Docket No. ER77-278. it This Settlement Agreement is made upon the explicit understanding that it constitutes a negotiated settlement with respect to the Company's juris- dictional rates. It is further agreed that in any future negotiation or proceedings 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 with the Commission pursuant to this Settlement Agreement) the parties shall not be bound or prejudiced by this Settlement Agreement. 5. This Agreement is expressly contingent upon its approval by the Federal Power Commission without modification, unless such modification(s) as the Federal Power 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 Power Commission. If this Agreement is not accepted and approved by the Federal Power 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 s procoodi ng; and ( iii ) This Settl cmont n,c;reement shall not be part of the record in such proceeding and all discussions and ne! otia- tions thereon shall be privileged. - 3 - 6. This document is signed by neogitators for the Customer Intervenors with the expectation and belief that they are authorized to execute this Agreement. However, the negotiators for Customer Intervenors do not represent that they can legally hind the parties to the litigation. AGREED to this w'_ r- day of ` c.. ,- , 1977. CONWAY CORPORATION, ARKANSAS POWER & LIGHT COMPANY BENTON MUNICIPAL LIGHT AND WATER WORKS, HOPE WATER AND LIGHT COMMISSIO B CITY OF NORTH LITTLE 0. V. HolEman ROCK, ARKANSAS. Director of Rates and CITY OF OSCEOLA, ARKANSAS, Research • CITY OF PRESCOTT, ARKANSAS, CITY OF WEST MEMPHIS, ARKANSAS, FARMERS ELECTRIC COOPERATIVE CORPORATION, and MISSISSIPPI COU( T Y ELECTRIC By �G _ � s COOPERATIVE, INC. Arch P. Pettit �. `., President QI IU Chief Executive Officer ni5—H. BT-ewer Chairman, im• Arkansas Municipal Power Association - BY__ / (\ ' 'L i _ tachar;y U. l son / Secretary, Arkansas Municipal Power • Association • • . • ARKANSAS POWER & LICHT COMPANY ELECTRIC RATE SCHEDULE Issued By O. V. Holeman, Director of Rates & Research FEDERAL POWER COMMISSION RESALE SERVICE TO MUNICIPALLY OWNED AND PRIVATELY OWNED ELECTRIC Rate Schedule FPC No. - DISTRIBUTION SYSTEMS Supplement No. RATE SCHEDULE 14111 [ Effective: Page 1 of 6 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 with the Company for its entire purchased power and energy requirements. CHARACTER OF SERVICE Service will be three-phase, 60 cycles at Company's standard 4. distribution voltage of 7620/13800 volts. Monthly Rate Load Charge $3.22 per Kw First 260 Kwh/Kw 1.97c per Kwh All Additional Kwh 1.639Q per Kwh Minimum haw 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 new taxes or increased taxes which the Company may hereafter have to pay, which are levied or imposed, or increased, or decreased by laws or ordinances which are not in effect on the effective date of this rate schedule. Arkansas Power & Light Company Rate Schedule WM1 - Page 2 of 6 2. Fuel. There shall he added to or subtracted from the billing under the above rates and charges an amount equal to the Kwh used multiplied by an adjustment computed in accordance with the following formula: FA = FM - $.011423 SM FA = Fuel adjustment per Kwh to be applied to energy billed in the current month. im. FM = Cost to the Company in the second preceding month of fossil and nuclear fuel used during the month, which shall include: (a) the cost of fossil and nuclear fuel used for the produc- tion of electric energy in Company's generating stations, plus Company's share of fossil and nuclear fuel consumed in jointly owned generating stations, less the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy and other energy sold on an economic dispatch basis; (b) the actual identifiable fossil and nuclear fuel associated with energy purchased (except that energy dedicated by contract to specific customers) for reasons other than identified in (c) bclow; (c) electric energy purchased on an economic dispatch basis for distribution and sale in its operating area. Included in the energy hereunder may be economy energy purchases ; energy purchased as a result of a scheduled outage; and energy purchased by Company to substitute for its own higher cost of energy. The costs of such energy shall be the net energy cost and shall exclude capacity or demand charges. SM = Net Kwh input into Company's system for the supply of energy in its operating area for the second preceding month. Said input shall be determined as the sum of (1) generation and (2) purchases, less (3) inter-system sales referred to in (a) above, (4) less purchased energy dedicated by contract to specific customers , less (5) total system losses associated with wholesale sales for resale delivery levels. The adjustment factor computed above shall be further modified to allow the recovery of gross receipts and other similar revenue based tax charges occasioned by the fuel adjustment revenues. 111010 Arkansas Power & Light Company Rate Schedule Will - Page 3 of 6 • 3. Cost of Money. The above load charge will be increased or decreased by one cent ($ .01) per Kw of Billing Load for each full one-tenth of one percent (0. 1%) increase or decrease in the Company's embedded cost of long-term debt above or below 7.67%. BILLING 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 kilowatts) established at all of Customer's points of delivery during the current service month but riot less than 75% of the 60--minute coincident maximum demand established and billed during the twelve months ending with the current service month. The billing load in each winter month, October through May, will be reduced by 50% of its excess over the highest demand established in the preceding months of June, July, August and September. 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, and 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 he Company's distribution system; - the maximum Kw made available. METERING Metering will be at 13,800 volts or at the voltage on the low side of the transformer supplying service. If the pcwer factor at the point of measurement is found to be less than 85%, load measurement may also be made by a KVA demand meter, in which case one KVA as registered will be considered as .85 Kw, but not less than the actual Kw. h_..ansas Power & Light Company Rate Schedule Wei!. - Page 4 of 6 ADDITIONAL FACILITIES In the event it is necessary for the Company to install any additional transmission facilfties (other than transformation and substation facilities) to provide service hereunder, the Company will construct such additional facilities and Customer will pay Company each month, in addition to all other charges provided herein, a monthly facilities charge equal to 1 .5% of the original installed cost of such additional facilities. TRANSMISSION DELIVERY DISCOUNT If the Customer takes delivery of service at transmission Iwo voltage of not less than 115,000 volts, there will be a discount of 20Q per Kw of billing load at such point of delivery. Billing load at each point of delivery will be its proportional contribu- tion to the Billing Load. DELIVERY AT LESS THAN 13.8 KV Where the Company supplies service at a distribution voltage of less than 13.8 Kv, such additional charge will. be twelve cents ($.12) per Kw of Billing Load. PAYMENT Bills are due and payable upon presentation. EMERGENCY PLANT OPERATION CREDIT These provisions are applicable to those customers who have generating capability and are limited to the capability presently installed. A. Operation of Customer's Plant Lfts During times of emergency affecting either Company's or Customer's system, Customer will, 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. Capacity of Customer's Plant The "Usable Capacity" of Customer's plant shall_ be determined from time to time at request of Company as the highest 60--minute net output in Kw measured at the end of a sustained trial run of sufficient duration to determine capability, but it will at no time exceed the lower of the two following 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 . Arkansas Power & Light Company Rate Schedule W^.•11 — Page 5 of%ilow The "Usable Cai•i.city" of Customer's generating plant will be tabulated in the Agreement for Electric Service. C. Billing (1) For month luring which Customer's generating plant is not operae] at all, except for emergencies, there will be a cred:.t of $0.75 per Kw of Load up to the Usable Capacity of Customer's plant. (2) For months during which Customer's generating plant is operated :luring other than times of emergency, there will be a cred ` of $0.75 per Kw of Load as provided under condition :t ) above, except that for this purpose Usable Capacity suJl be reduced by the Kw supplied by Customer's plant duri .t, 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 t.y Company is less than the minimum amount for which the Customer would otherwise be obligated to pay, such minimiT amount shall be considered reduced to the amount act _ly so supplied until modified by a further request fr.m Company. (3) For months 3 :ring which both conditions (1) and (2) above occur, the Lad and the Energy used for the periods during which each rendition obtained will be determined separately, and billing will be computed on a prorated basis in accord- • ance with the number of days during which each condition obtained. Ir (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 would have been imposed in the absence of such emergency, such excess load shall not be considered in determining Billing Load for subsequent months. CONTRACT PERIOD Agreement for Electric Service shall be for not less than two years. TERM DISCOUNT Customers being served under existing long-term Agreement for Electric Service shall, for the remainder of their existing basic initial con- tract term, receive the following term discounts applied to Monthly .110MMMIIIMMIPMMIMM7MM Arkansas Power & Light Company Rate Schedule WM1 - Page 6 of 6 Rate Charges prior to application of Adjustments 1 , 2, and 3: 5-Year Contract 2% 10-Year Contract 5% 20-Year Contract 10% SERVICE REGULATIONS Service under this schedule is subject to the Service Regulations of the Company and lawful orders of any regulatory body having jurisdiction. RESERVATION The rates and charges contained herein are subject to amendment and change and both Customer and Company reserve the right to seek amend- ments, changes, increases or decreases in the rates and charges set forth herein, in accordance with law, from any State or Federal reg- ulatory body having jurisdiction thereof. CURTAILMENT OF POWER AND ENERGY It is understood and agreed that if there were to be a shortage of capacity and/or electric energy requiring Company to curtail power and energy deliveries to its own retail customers, then Customer agrees that upon being notified by Company of such requirement to curtail, Customer will institute procedures which will 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 which it hereby agrees to take, Company shall be entitled to take such action to limit deliveries of power and energy associated therewith, including right of total interruption of power 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 is the intention of this paragraph that any curtailment of power • and energy shall fall equally on Company's retail customers and those of Customer. 4ftise ARKANSAS POWER & LIGHIT COMPANY ELECTRIC RATE SCHEDULE , ' Issued By 0. V. Holeman, Director of Rates & Research FEDEFAL POWER COMMISSION RESALE SERVICE TO RURAL ELECTRIC COOPERATIVES Rate Schedule FPC No. Supplement No. _ RATE SCHEDULE WCI. LI Effective: Page 1 of 5 APPLICATION Applicable to service required by a rural, nonprofit, electric cooperative corporation, organized under the "Electric Cooperative Corporation Act" (Act 342 of the Arkansas General Assembly 1937, approved March 25, 1937) for redistribution to persons, firms, and corporations which 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 Illiow This schedule is not applicable for standby or breakdown service . nor for service in conjunction with the generating facilities of other electric systems or of cooperatives. CHARACTER OF SERVICE Single- or three-phase, approximately 60 cycles, and at Company's standard distribution voltage of 7620/13800 volts. iiiire MONTHLY RATE Load Charge $2.95 per Kw First 260 Kwh/Kw 1.75Q per Kwh All Additional Kwh 1.455; per Kwh 4, Minimum The monthly minimum bill for service hereunder 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. I w • • Arkansas Power & Light Company Rate Schedule WC1 - Page 2 of 5 Adjustments 1 . Fuel. There shall be added to or subtracted from the billing under the above rates and charges an amount equal to the Kwh used multiplied by an adjustment computed in accordance with the following formula: FA = FM - $.011423 SM FA = Fuel adjustment per Kwh to be applied to energy billed in the current month. FM = Cost to the Company in the second preceding month of fossil and nuclear fuel used during the month, which shall include: (a) the cost of fossil and nuclear fuel used for the pro- duction of electric energy in Company's generating stations, plus Company's share of fossil and nuclear fuel consumed in jointly owned generating stations, less the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy and other energy sold on an economic dispatch basis; (b) the actual identifiable fossil and nuclear fuel associated with energy purchased (except that energy dedicated by contract to specific customers) for reasons other than identified in (c) below; tam (c) electric energy purchased on an economic dispatch basis for distribution and sale in its operating area. Included in the energy hereunder may be economy energy purchases; energy purchased as a result of a scheduled outage; and energy purchased by the Company to substitute for its own higher cost of energy. The costs of such energy shall be the net energy cost and shall exclude capacity or demand charges. SM = Net Kwh input. into Company's system for the supply of energy in its operating area for the second preceding month. Said input shall be determined as the sum of (1) generation and (2) purchases, less (3) inter-system sales referred to in (a) above, (4) less purchased energy dedicated by contract to specific customers, less (5) • total system losses associated with wholesale sales for resale delivery levels. • Arkansas Power & Light Company Rate Schedule WC1 - Page 3 of 5 The adjustment factor computed above shall be further modified to allow the recovery of gross receipts and other similar revenue based tax charges occasioned by the fuel adjustment revenues. 2. Cost of Money. The above load charge will be increased or decreased by one cent ($.O1) per Kw of Billing Load for each full one-tenth of one percent (0. 1%) increase or decrease in the Company's embedded cost of long-term debt above or below 7.67%. BILLING LOAD The Billing Load for the current service month shall be the maximum one-hour demand as measured by or computed from Company's demand meters (expressed in kilowatts) established at each point of delivery during the current service month but not less than 70% of the maximum demand established and billed at each point of delivery during the twelve months ending with the current service month. The Billing Load in each winter month, October through May, will be reduced by 50% of its excess over the highest demand established in the preceding months of June, July, August and September. Where the Company provides an additional point of delivery Sr *0110 makes additional capacity available to the customer at an existing point of delivery after the effective date of this rate shcedule, the billing demand for any month shall not be less than 50% of 1, 2, or 3 below, whichever is applicable. 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 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 distribution voltage. If the power factor at the point of measurement is found to be less than 85%, load measure- ment may also be made by Kva demand meter, in which case one Kva as registered will be considered as .85 Kw but not less than the actual Kw. e Arkansas Power & Light Company Rate Schedule WC1 - Page 4 of 5 ADDITIONAL FACILITIES CHARGES In 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 Customer will 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. TRANSMISSION DELIVERY DISCOUNT If Customer takes delivery of service at transmission voltage of not less than 115,000 volts, there will be a discount of 20c per Kw of billing load. PAYMENT Bills are due and payable upon presentation. • CONTRACT PERIOD • Agreement for Electric Service shall be for not less than two years. TERM DISCOUNT Customers being served under existing long-term agreements fer electric service shall, for the remainder of their existing basic initial contract term, receive the following term discount applied to Monthly Rate Charges prior to application of Adjustments 1 and 2: 20-Year Contract 10% SERVICE REGULATIONS Service under this Schedule is subject to the Service Regulations of the Company and lawful orders of any regulatory body having jurisdic- tion. RESERVATION The rates and charges contained herein are subject to amendment and change and both Customer and Company reserve the right to seek amend- ments, changes, increases or decreases in the rates and charges set forth herein, in accordance with law, from any State or Federal regulatory body having jurisdiction thereof. 5 • . . Arkansas Power & Light Company Rate Schedule WC1 - Page 5 of 5 CURTAILMENT OF POWER AND ENERGY It is understood and agreed that if there were to be a shortage of capacity and/or electric energy requiring Company to curtail power and energy deliveries to its own retail customers, then Customer agrees that upon being notified by Company of such requirement to curtail, Customer will institute procedures which will 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 which it hereby agrees to take, Company shall Lbe entitled to take such action to limit deliveries of power and energy associated therewith, including right of total interruption of power 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 is the intention of this paragraph that any curtailment of power and energy shall fall equally on Company's retail customers and those of Customer. • ‘A'