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Show GENERAL POWER CONTRACT PROVISIONS THE FOLLOWING PROVISIONS ARE APPLICABLE ONLY WHEN THE ELECTRIC SERVICE TO BE FURNISHED ARTICLE PROVIDES THAT SERVICE WILL BE FURNISHED OVER THE FACILITIES OF A THIRD PARTY: AA. Existence of Transmission Service Contract. Inasmuch as the electric service hereunder is to be supplied over facilities not owned by the United States, the obligation of the United States to furnish electric service hereunder shall at all times be subject to and contingent upon the existence of a transmission service contract granting the United States the right to use such facilities not owned by it as are necessary to the rendering of electric service hereunder; Provided. That, if the United States acquires or constructs facilities which would enable it to furnish direct service to the Contractor, the United States, at its option, may furnish the electric service hereunder over its own facilities. BB. Conditions of Transmission Service. Anything to the contrary in this contract notwithstanding, when the electric service under this contract is furnished by the United States over the facilities of others by virtue of a transmission service arrangement, the electric power and energy will be furnished at the voltage available and under the conditions which exist from time to time on the transmission system over which the service is supplied. The United States will endeavor to inform the Contractor from time to time of any changes contemplated on the system over which the service is supplied but the costs of any changes made necessary in the Contractor's system because of changes or conditions on the system over which the service is supplied shall not be a charge against or a liability of the United States; Provided. That if the Contractor, because of changes or conditions on the system over which service hereunder is supplied, is subjected to the necessity of making changes on its system at its own expense in order to continue receiving service hereunder, then the Contractor may terminate this contract on not less than sixty (60) days' written notice given to the United States at any time prior to the making of said changes on its system, but not thereafter; Provided further. That if the electric service requirements of the Contractor, to the extent that the United States is obligated or determines that it can become obligated to furnish such requirements, are not being met or the United States advises the Contractor cannot be met because of an insufficiency of capacity available to the United States under its transmission service arrangement in the facilities of others over which service hereunder is supplied, then the contractor may terminate this contract on not less than sixty (60) days' written notice given to the United States at any time prior to the time that the United States advises the Contractor that the needed capacity is available, but not thereafter. THE FOLLOWING PROVISIONS ARE APPLICABLE ONLY WHEN SERVICE IS RENDERED TO CONTRACTORS UNDER A "SCHEDULE OF RATES FOR WHOLESALE POWER SERVICE TO CUSTOMERS HAVING THEIR OWN GENERATING FACILITIES." CC. Purchase of System Energy Requirements. The Contractor agrees that it will, to the extent of the availability of secondary energy contracted for hereunder, purchase its system energy requirements in lieu of operating its own generating equipment except that this provision shall not be construed to prohibit the Contractor's use of by-product power and energy. DD. Withdrawal of SecondaryEnerqy• The United States shall have the right, upon not less than 24 hours' advance notice from the contracting officer to the Contractor, to withdraw secondary energy by reducing, in whole or in part, the contract rate of delivery for secondary energy provided for herein for such period or periods of time as the contracting officer deems necessary or advisable. The United States also shall have the right, upon not less than 90 days' advance written notice from the contracting officer to the Contractor, to terminate the obligation of the United States hereunder to deliver secondary energy. The maximum rate of delivery shall be appropriately adjusted to conform to changes under this section in the contract rate of delivery for secondary energy as of the effective dates thereof. EE. Contractor's Capacity. The Contractor's capacity as referred to herein is defined to be the sustained load carrying ability of th_t- Contractor's electric generating plants, whether owned or leased, at system load factor, less station use, as limited by transmission and substation facilities. The Contractor's capacity, insofar as practicable, will be initially determined by a test jointly conducted by the parties hereto immediately prior to initial service hereunder. Thereafter, the Contractor's capacity shall be redetermined from time to time upon the request of the contracting officer by additional jointly conducted tests to the extent practicable, but such tests shall not be required more frequently than once in each 12 months unless a permanent changed condition is known to exist. When tests are impracticable, the capacities shall be determined by the contracting officer from the best information available. FF. Adjustments for Curtailments to Service. Adjustments for curtailments to service for periods of one (1) hour or longer in duration each because of conditions on the' power system of the United States, which system for the purpose of such adjustments hereunder shall Include transmission facilities utilized but not owned by the United States, shall be made in the following manner in lieu of the procedure set out in Article K hereof: d' Energy Charge and Monthly Minimum Bill Adjustment: The total number of hours of curtailed service in any billing period shall be determined by adding (1) the sum of the hours of interrupted service to (2) the product of: the number of hours of reduced service multiplied by the percentage of said reduction below the lesser of (a) the maximum rate of delivery then in effect, or (b) the obligation of the United States to deliver firm power and energy and/or secondary energy as established under th_ operating agreement entered Into pursuant to the Auxiliary Power Service article hereof, or (c) the rate 4-27-61 |
