ML19248D463
| ML19248D463 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 06/25/1979 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML19248D455 | List: |
| References | |
| NUDOCS 7908160272 | |
| Download: ML19248D463 (8) | |
Text
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APPENDIX B NRC RECCi'J4 ENDED CHANGES TO TRANSMISSION SERVICE TARIFF A.
Service Provided The service provided hereunder (Transmission Service) shall be the transmission of electric power between delivery (interconnection) points of the Cleveland Electric Illuminating Company (CEI) transmission system
[from a supplying utility by The Cleveland 1111munating Company (CEI))
to or from any rural electric cooperative or municipality located within the Combined CAPC0 (Central Area Power Coordination Group) Company Territories (CCCT) (Customer) fecm or to another Customer or electric u til i ty.
The service will' be 60 Hertz, alternating current and three phase.
It is understood that the obligation of CEI to transmit power for
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Customer's account shall be subject to CEI's ability to transmit and deliver stated power consistent with the safe and proper operation of its system under normal and emergency conditions [for its own purposes.
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The avialability of Transmission Service hereunder shall be determined
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Additiols from the January 27, 1978 transmission schedule are shown underlined and deletions are shown in brackets.
This transmission schedule or a similar schedule that would have the same effect would be acceptable to the Staff provided it meets the requirements of the Federal Energy Regulatory Commission and other terms or conditions are not introduced elsewhere that would be inconsistent with the intent of this tariff.
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1 at the sole discretion of CEI, and] The obligation of CEI shall be a
further limited to times during which -power is actually received by CEI for delivery-to Customer.
Nothing herein shall be construed as requiring CEI to enlarge its facilities to transmit such power.
Each request for a transmission service reservation shall be in writing lnd shall,
specify the maximum amount, the source and the destination of capacity and energy to be transferred and the period of time involved.
Reservations
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for transmission service shall be for periods of one or more weeks and shall be requested as far in advance as is reasonably possible considering the amount and duration of the desired service, but in no event not less than two weeks in advance unless otherwise agreed.
If, after having agreed to transmit power on any particular occasion, CEI is prevented from making or continuing such delivery, it shall use all due diligence to remove the cause of disability and shall resume delivery as promptly as possible.
In the event CEI must reduce wheelina services under this.
tariff due to lack of cacacity, such reduction shall not be effected until reductions of at least 5% have been made in CEI's transmission allocations to other members of the CAPC0 Group and thereafter shall be made in proportion te reductions imposed uoan other members of the CAPC0 Grouo.
[CEI shall provide Transmission Service within the Ifmits of the capacity of its bulk transmission facilities, and related facilities, of which CEI shalT be the sole judge, without undue interference with Appendix B F
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- service to those interconnected syst' ems the operations of which are conducted, in whole or in part,. pursuant to the provisions of an agreement with CEI, including other members of the CAPCO group, and to the extent that such Transmission Service does not, in the sole judgment of CEI, impose a burden upon the system of CEI.]
The Customer by commencing to take Transmission Service from CEI agrees to take and pay for, and CEI by commencing to furnish such Service agrees to furnish the Service, subject to the terms and conditions of this Service Tariff as they may be in effect from time to time subject to action by the governmental bodies having regulatory jurisdiction over services rendered hereunder.
Transmission Service shall be provided by CEI from time to time, upon (i) written request by a Customer for the ceservation of transmission capacity (Transmission Reservation) for a period of not less than I week
[12censecui' alendarmonths.]
(ii) concurrence in such request by CEI in writing, [(iii) the execution and delivery of a Supplemental Schedule, as provided below, (iv) filing of such Supplemental Schedule with the Federal Energy Regulatory Commission (FERC) or any superseding regulatory having jurisdiction, and (v) concurrence by CEI from time to time in the maxican amount reserved and the duration (not less than 12 consecutive calendar months for any single transmission service) of the Appendix B 69h 3; U O
-4 service so requested to be reserved.] CEI shall transmit from an inter-connection point to an interconnection (delivery) point established
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pursuant to such Transmission Reservation [ Supplemental Schedule, to delivery point of Customer], power in an amount up to but not exceeding the amount reserved nor the amount received by CEI at the interconnection point, and the energy associated therewith (with the amounts of power and energy appropriately adjusted for losses as specified in Section G hereof.
[CEI shall transmit power from Customer to an interconnection point (delivery point) established pursuant to such Supplemental Schedule for the account of the Customer for a patron of the Customer power in an amount up to but not exceeding the amount reserved nor the amount received by CEI from Customer and the energy associated therewith (with the amounts of power and energy appropriately adjasted for losses as specified in Section G hereof).] The interconnection points between [ point from]
which any such power and energy shall be transmitted shall be established by mutual agreement between CEI arid Customer wnen making a Transmission Reservation, [and shall be set forth in a Supplemental Schedule, which shall also contain the arrangements, and the obligations which Customer is assuming, in connection with the construction, operation and maintenance of the facilities necessary to provide such interconnection point and such delivery point and the scheduling from time to time of transmission between such points.
Appendix B (l) i, 30i
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If transmission services are requested by Customer for any period of'less than 12 consecutive months, CEI reserves the right to ~ decline to provide such transmission services under this Service Tariff and CEI shall offer transmission services under a compensatory contract or service tariff subject to the approval of the FERC.]
B.
Duration This Service Tariff shall become effective 30 days after filing with the FERC and shall continue in effect for one year, and thereafter for similar periods unless changed, modified, or superseded.
This Service Tariff shall terminate and be of no force and effect on and after the date of the final decision of the Nuclear Regulatory Commission (NRC) in the antitrust proceedings associated with the licenses and permits for Davis-Besse and Perry nuclear units in The Toledo Edison Company, et al. (Davis-Besse Nuclear Power Station Units 1, 2, and 3)
Docket Nos. 50-346A, 50-500A, 50-501A and The Cleveland Electric Illuminating Company, et al. (Perry Nuclear Power Plant, Units 1 and 2) Docket Nos.
50-440A, 50-441A if the final decision sianificantly alters or eliminates _
antitrust license condition 3 concerning wheeling.
Appendix B
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Pending such final decision.CEI shail comply with the applicable
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antitrust conditions to the Davis-Besse and Perry License, in the Initial O
Cecision (antitrust) of the NRC Licensing Board dated January 6,1977.
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Following such decision's becoming final, CEI shall comply with the
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antitrust conditions of such final decision.
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Chances in Charaes and Terms and Conditions of Service This Service Tariff, the services to be rendered, compensation and '
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the terms, conditione, and rates included herein are subject to being superseded, changed, or modified either in whole or in part, rade from C, !
time to time by a legally effective filing of CEI with or by order of the FERC or any superseding regulatory authority having jurisdiction and both CEI and Customer shall have the right at any time to seek unilaterally
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superseding services, compensation, terms, conditions, and rates frem 4:;.
such regulatory authority.
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Customer shall, with respect to transmission service which shall be 4-reserved during any period of not less than 1 week [12 consecutive Appendix B
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calendar months] (the Reserved Period) under this Service Tariff, pay to CEI [ monthly], weekly an amount calculated separately for each transmission, Reservation equal to the product 6f (i)
[$.72] and (ii) the maximum a' mount of kilowatts which shall have been reserved (the Reserved Quantity) for transmission from or to such interconnection point during the Reserved Period; provided, however, that if at any time during said Reserved Period the, amount of power and energy actually delivered at the delivery point, adjusted for losses thereon from or to tha interconnection point for which such transmission service shall be so reserved, shall exceed the actual amount of power and energy received at the receiving point, the excess shall be deemed to be and shall be paid for by' Customer as an unscheduled inadvertent power delivery.
Any such excess delivery shall be settled for either by the return of equivalent power and energy or payment of the out-of-pocket cost incurred by CEI, plus 10% of such cost. Out-of-pocket cost. shall compensate CEI for costs incurred that would otherwise not have been incurred and shall be as of the delivery point specified in the appropriate Transmission Reservation [ Supplemental Schedule].
If equivalent energy is returned, it shall be returned at times when the. load conditions of CEI are equivalent to the load conditions of CEI at the time the energy for which it is returned was delivered or, if CEI elects to have equivalent energy returned under different conditions, it shall be returned in such amount, to be agreed upon by CEI and the Appendix B 6 'j i,
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l Customer, as will compensate for the difference in conditions.
There sh&ll be added to any amount calculated pursuant to any of the foregoing provisions of this Section an amount in dollars sufficient to reimburse CEI for any amounts paid or payable by it as sales, excise or similar taxes (other than taxes upon or measured by net income).
Appendix B
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Appendix C SHA)v, PITTMIN, PoTTs & TROWBRIDG E sSOO M STREET.N.W.
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- s September 15, 1978 5
Mr. Jerome Saltzman, Chief Antitrust & Idemnity Group Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Mr. Saltzman:
On August 10, 1978, r'epresentatives of The Cleveland Elec-tric Illuminating Company ("CEI"), the City of Cleveland
(" City"),
and the Staff of the U.S. Nuclear Regulatory Commission ("NRC Staff") met to discuss the Notice of Violation issued by the NRC Staff to CEI on June 28, 1978.
The topic of discussion re-volved around the changes to CEI's transmission tariff proposed by the NRC Staff and set forth in Appendix B to the Notice of Violation.
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Representatives from CEI explained that, where the offer of transmission service is open-ended and available to all rural electric cooperatives or municipalities located within the Com-bined CAPCO Company Territories as was true with the trans-mission tariff filed by CEI with the Federal Energy Regulatory Commission ("FERC") -- the commercial terms and conditions in-cluded within the tariff must be tailored in a manner so as to ensure that CEI will be able to provide such broad se: vice con-sistent with its public utility obligations and without deteriora-tion of service to its retail customers.
Conversely, where the transmission tariff by its terms applies to known entities --
such as City or Painesville -- CEI representatives noted that there was less need for protective commercial terms and conditions, and the changes proposed by the NRC Staff would in such circum-stances be generally acceptable.
Therefore, the NRC Staff representatives suggested that CEI draft such a tariff by September 15, 1978, and submit it for review by the NRC Staff.
Appendix C r.
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Mr. Jerome Saltzman September 15 1978 Page Two Enclosed is CEI's suggested transmission services schedule.
We believe the language used in this service schedule is respon-sive to all the concerns raised ly the NRC Staff, and, in almost every instance, empleys the exact language proposed by the NRC Staff.
Subject to approval by the NRC Staf f and to execution by City officials, CEI 'fould propose to file the encloscd service schedule with FERC as a supplement to the preexisting Agreement of April 17, 1975, between CEI and City; -n identical service schedule would be filed as a supplen.ent to the Agreement between CEI and the City of Painesville, if so desired by that munici-pality.
CEI believes that this offer is a satisfactcry response to the Notice of Violation and requests the NRC Staf f to withdraw said Notice of Violation.
Sincerely yours, Y
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Wm. Bradford Reynolds Counsel to The Cleveland Electric Illuminating Company Enclosure WBR/clg cc:
Donald H. Hauser, Esquire Reuben Goldberg, Esquire t > 'l i,
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Appendix C
SERVICE SCHEDULE C TRANSMISSICN SERVICES
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Under Agreement Dated April 17, 1975 Between The Cleveland Electric Illuminating Company (CEI) and The City of Cleveland, Department of Public Utilities (City)
SECTION 1 - DURATION 1.1 This Survice Schedule shall become effective 30 days af ter filing with the FERC and shall continue in effect for one year, and thereafter for similar periods unless changed.
modified, or superseded.
1.2 This Service Schedule shall terminate and be of no force and effect on or after the date of the final decision of the Nuclear Regulatory Commission (NRC) in the antitrust proceed-ings associated with the licenses and permits for Davis-Besse eand Perry nuclear units in The Toledo Edison Company, et al.
(Davis-Besse Nuclear Power Station Units 1, 2,
and 3) Docket Nos. 50-346A, 50-500A, 50-501A and The Cleveland Electric Illuminating Company, et al. (Perry Nuclear Power Plant, Units 1 and 2) Docket Nos. 50-440A, 50-441A if the final decision alters or eliminates antitrust license condition 3
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concerning wheeling.
Pending such final decision CEI shall comply with the appli-cable antitrust conditions to the Davis-Besse and Perry License, in the Initial Decision (antitrus t) of the NRC l
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_g Licensing Boarp dated January 6, 1977.
Following such decision's becoming final, CEI shall comply with the anti-trust conditions of such final decision.
1.3 This Service Schedule, the services to be rendered, compen-sation and the terms, conditions, and rates included herein are subject to being superseded, changed, or modified either in whole or in part, made.from time to time by a legally effective filing of CEI with, or by order of, the FERC or any superseding regulatory authority having jurisdiction and both CEI and City shall have the right at any time to seek unilatera.'ly superseding services, compensation, terms, con-ditions, and rates frem such regulatory authority.
SECTION 2 - SERVICE PROVIDED 2.1 The service provided hereunder (Transmission Services) shall be the transmission of electric pcwer between delivery (inter-connection) points on The Cleveland Electrip Illuminating Com-pany (CEI) transmission system to or from City.
The service will be 60 Hertz, alternating current and three phase at 138.kv or above.
Unless otherwise agreed, the power and as-sociated energy to be transmitted pursuant to this Service Schedule shall not exceed the native peak demand of City's system based on an annuti estimate thereof sutually acceptable to CEI and City; said estimate is to be provided to the Operat-ing Committee established in Article 3 of the April 17, 1975 Agreement by City on an annual basis as of the first of each year.
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It 'is understood that the obligation of CEI to transmit power for City's account shall be subject to CEI's ability to transmit and deliver stated power consistent with the safe and proper operation of its system under normal and emergency conditions and all of the needs of its retail customers.
The obligation of CEI shall be further limited to times during which power is actually received by CEI for delivery to or from City.
Nothing herein shall be con-strued as requiring CEI to enlarge its facilities to trans-mit such power.
Each request for a transmission service reservation shall be in writing and shall specify the maxi-mum amount, the source and the destination of capacity and energy to be transferred and the period of time involved.
Reservations for transmission service shall be for periods of weeks, months or years but not less than one week and shall be requested as far in advance as is reasonably pos-pible considering the amount and duration of the desired service, but in no event less than two weeks in advance un-less otherwise agreed.
If, after having agreed to transmit power on'any particular occasion,'CEI is prevented from making or continuing such delivery and service to CEI's retail cus-temero may be impaired, it shall use all due diligence to remove the cause of disability and chall resume delivery as promptly as possible.
In the event CEI must reduce wheeling services under this Service Schedule due to CEI's lack of capacity, such reduction shall not be effected until reduc-tions of at least 5% have been cade in CEI's transmission allocations to other members of the CAPCO Group, and there-Appendix C
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t 2.4 Subject to the provisions of ' paragraphs 4.1 and 4. 2 of the kpri.' 17, 1975 Agreement, CEI will,.in each hour that power is delivered to it for transmission for Customer!s account, transmit and deliver ninety-eight percent (98%)
of such power (adjusted to the nearest whole kW) to a delivery point designated by City, it being agreed that 2%
of such power fairly reflects losses on the CEI system.
- I SECTION 3 - COMPENSATION City shall, with reshect to traz.amission service which shall be reserved during any period of not less than 1 week (the Reserved Period) under this Service Schedule, pay to CEI monthly an amount calculated separately for each Transmission Reservation equal to the product of (i) (a) S.21 per week if the reservation is for a week or weeks, (b) $.88 per month if the reservaticn is for a
~ month or months, and (c) S.75 per month. ~if the reservation is for a year or years, and (ii) the maximum amount of kilowatts which shall have been reserved (the Rese wed Quantity cr Quantities) for each weekly, monthly or annual, Rescaed period for thansmis-sion from or to such intercolatection point during the Reserved
'u Period; provided, however, that if at any time during said Re-served Period the amount of power and energy.actually delivered by CEI at the delivery point shall--exceed the actual amount of power and energy received at$.the receiving point, the excess shall be deemed to be and shall be paid for by City as an un-scheduled inadvertent power delivery.
Any such excess ded.ivery shall be settled for either by the return of equivalent power and
,e Appendix C E9d jjj
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after shall be made in proportion to reductions imposed i
upon other members of the CAPCO Group.
2.2 City by commencing to take Transmission St tice from CEI agrees to take and pay for, and CEI by commencing to fur-nish such Service agrees to furnish, the Service, subject to the terms and conditions of this Service Schedule as they may be in effect from time to time subject to action by the gocernmental bodies having regulatory jurisdiction over services rendered hereunder.
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l 2.3 Transmission Service shall be provided by CEI from time to l
l time, upon (i) written request by City, or by a duly l
authorized agent of City acting on City's behalf, for the reservation of transmission capacity (Transmission Reserva-tion) for a period of not less than 1 week, (ii) concurrence in such request by CEI in writing.
CEI shall cransmit from an interconnection point to an interconnection. (delivery) point designated pursuant to such Transmission Reservation, pcwer in an amount up to but not exceeding the amount re-served nor the amount received by CEI at the interconnection point, and the energy associated therewith.
The interconnec-tion pciats on CEI's transmission system between which any such power and energy shall be transmitted shall be desig-nated by mutual agreement between CEI avl City when making a Transmission Reservation.
n Appendix C
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energy or payment of,the out-of-pucket cost incurred by CEI, plus 10% of such cost.
Out-of-pocket cost shall compensate CEI for costs incurred that woull otherwise not have been incurred and shall be as of the delivery, point specified in the appro-priate Transmission Reservation.
If equivalent energy is re-turned, it shall be returned at times when the load conditions of CEI are equivalent to the load conditions of CEI at the time the energy for which it is returned was delivered or, if CEI elects to have equivalent energy returned under different condi-tions, it shall be returned in such amount, to be agreed upon by CEI and the Ci'y, as will compensate for the difference in condi-c tions.
IN WITNESS WHEREOF, the Pa.rties have caused this Agreement to this Service Schedule C,
" Transmission Services", to be executed by their duly authorizeo officers this day of 1970.
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Attest:
By CITY OF CLEVELAND Attest:
By Appendix C h/b
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