ML19257C794
| ML19257C794 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 01/21/1980 |
| From: | Bryan J UNION ELECTRIC CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| ULNRC-334, NUDOCS 8001300444 | |
| Download: ML19257C794 (39) | |
Text
UNION ELECTRIC COMPANY 1901 GRATIOT STREECT ST. Lours. MISSOURI January 21, 1980 um.u . oo = =...
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Mr. Harold R. Denton Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission ULNRC-334 Washington, D.C. 20555
Dear Mr. Denton:
DOCKET NUMBERS 50-483 50-486 UNION ELECTRIC COMPANY CALLAWAY PLANT, UNITS 1& 2
References:
- 1. Letter to Mr. A. Braitman from Mr. J. E. Birk dated December 28, 1973, transmitting "Information Requested by the Attorney General For Antitrust Review of Facility License Applications - 10 CFR 50, Appendix L".
- 2. ULNRC-326 dated October 19, 1979, to Mr. H. Denton from Mr. J. K. Bryan transmitting " Application for Operating License for a Utilization Facility under the Atomic Energy Act of 1965 as Amended, for Callaway Plant, Units 1 & 2.
In accordance with USNRC Regulatory Guide 9.3 dated October, 1974, Union Electric Company herewith submits five copies of a document entitled "Information for Antitrust Review of Operating License Application". rnis document contains informatien which the Regulatory Staff has indicated to be germane for a decision as to whether a second antitrust review is required at the operating license stage. This submittal contemplates that the NRC Staff will conduct its review and determine whether the activities under the operating license would create or maintain a situation inconsistent with the present antitrust laws.
Union Electric Company submitted the information required for antitrust review in Reference 1 at the construction permit stnge in accordance with 10 CPR 50.33 a. In Reference 2 an amended application for the issuance of an operating license was filed.
Reference 2 also indicated that antitrust review information was to be submitted under separate cover. This submittal contains the information as outlined in Regulatory Guide 9.3 including any changes which have occurred or are' planned to occur since the submittal of the construction permit application. Copies of the Union Electric Company " Wholesale Rate Tariff (W-3)" dated March 27, 1978 are also attached. ,
1838 284-8 0 0, n o o WY g
Mr. H. R. Denton January 21, 1980 Page 2 For your convenience, this document may be inserted into the Operating License Application, transmitted to you by Reference 2, following the 1978 UE Annual Report.
An acknowledgement of the Commission's receipt of this application would be appreciated.
Very uly yours, f
/
f $}f;7 'lL[h4 ohn K. Bryan J RWD/kml 1838 285
cc: Glenn L. Koester Vice President Operations Kansas Gas & Electric P.O. Box 208 Wichita, Kansas 67201 John E. Arthur Chief Engineer Rochester Gas & Electric Company 89 East Avenue Rochester, New York 14649 A. V. Dienhart Vice cresident Plant Engineering and Construction Northern States Power 414 Nicollet Mall Minneapolis, Minnesota 55401 Donald T. McPhee Vice President Kansas City Power and Light Company 1330 Baltimore Avenue Kansas City, Missouri 64141 Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Trowbridge 1810 M. Street, N.W.
Washington, D.C. 20036 Nicholas A. Petrick Executive Director SNUPPS 5 Choke Cherry Road Rockville, Maryland 20850 lOhb b
bec: 3456-0545 Nuclear Date JKB/ Chrono J. K. Bryan J. L. McLaughlin J. E. Birk D. F. Schnell W. H. Weber F. D. Field R. J. Schukai M. A. Stiller D. E. Shain F. W. Brunson J. J. Beisman Missouri Public Service Commission D. W. Capone A. C. Passwater W. H. Zvanut R. P. Wendling N. G. Slaten 1838 287
UNITED STATES NUCLEAR REGULATORY COMMISSION INFOR1% TION FOR ANTITRUST REVIEW OF OPERATING LICENSE APPLICATION JANUARY 21, 1980 DOCKET NOS. 50-483 AND 50-486 CALLAWAY PLANT UNION ELECTRIC COMPANY ST. LOUIS,-MISSOURI 1838 288-e
SNUPPS-C
\
RESPONSE TO NRC REGULATORY GUIDE 9.3, OCTOBER, 1974 "INFORMATION NEEDED BY THE AEC REGULATORY STAFF IN CONNECTION WITH ITS ANTITRUST REVIEW OF OPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS" The following responses provide an update of the information contained in the document, "Information Requested by the Attorney General for Antitrust Review of Facility License Applications-10 CFR 50, Appendix L", submitted by Union Electric Company, December, 1973.
The response numbers correspond to the items of Regulatory Guide 9.3.
Question 1.a. - Consider . . .
Anticipated excess or shortage in generating capacity resources not expected at the construction permit stage. Reasons for the excess or shortage along with data on how the excess will be allocated, distributed, or otherwise utilized or how the shortage will be obtained.
Answer UE capacity planning at the present time anticipates that the addition of new generating units may result in temporary excesses because of the inability to match discrete-sized units precisely to annual load growth. Short-term sales would reduce any such excesses.
No shortages are anticipated as short-term purchases from neighboring utilities are planned to smooth out integration of unit additions into load growth patterns.
Question 1.b. - Consider . . .
New power pools or coordinating groups or changes in structure, activities, policies, practices, or membership of power pools or coordinating groups in which the licensee was, is, or will be a participant.
Answer UE continues as a member of the Illinois-Missouri Pool (Ill-Mo Pool) along with Central Illinois Public Service Company (CIPS) and Illinois Power Company (IP). The Pool contract has been amended periodically to add, change, and delete connection points and to change rates. All such amendments have been accepted for filing by the Federal Energy Regulatory Commission (FERC). UE is also a member of the Mid-America Interpool Network (MAIN), one of nine regional reliabil_ty planning councils. Neither MAIN nor the Ill-Mo Pool has changed in structure, activities, policies, practices, or membership since submission of the construction permit application.
Question 1.c. - Define . . .
Changes in transmission with respect to (1.). the huclear plant, (2) interconnections, or (3) connections to wh'olesale customers. t ,
l838 289
SNUPPS-C Answer (1) There have been no changes with respect to the transmission related to Callaway Plant except that the second Callaway-Bland circuit has been delayed from March, 1983 to March, 1987 in accord with the commercial operation of Callaway Unit 2.
(2) The following interconnections are planned in conjuction with UE's transmission system:
- a. The 345-kV Palmyra-Quincy-Ipava line previously planned for 1980 is now planned for completion in 1986. This line will strengthen the 345-kV transmission system in that area.
- b. The 500-kV New Madrid-Blytheville line (the last facilities to be built under the Arkansas-Missouri Power Company, Associated Electric Cooperative, Inc., UE Interconnection Agreement) is planned for completion by 1984. The initial connection under such agreement, the 161-kV New Madrid-Hayti line, went into service in October, 1978.
- c. Because of poor physical condition and reduced need for transmission support, three of the four 34.5-kV lines were eliminated between IP's Wood River Power Plant and UE's Federal Substation. The fourth line remains, normally opened, to be used only in the event it is needed by either IP or UE.
(3) The following additional connections were made to UE wholesale customers:
- a. A fifth 34.5-kV connection was made to the Ironton Division of Arkansas-Missouri Power Company to better serve the growing load in the area.
- b. A fourth connection (at 161-kV) was made to Citizens Electric Corporation to better serve the southern portion of its system.
- c. A third 34.5-kV connection was made to the City of Farmington to better serve the growing loads of the City's system.
- d. Missouri Edison Company (Mo Ed) added another 34.5-kV connection at Bowling Green Substation and expanded the capacity of its Point Prairie Substation strengthening Mo Ed's import capability to serve its growing system needs. These changes were in addition to the original connections in operation when Mo.Ed became a wholesale customer of UE in 1975. (See also. answer 1.f.(1)).
I838.290 SNUPPS-C
- e. A seventh 34.5-kV tap was made to UE's system by the City of Rolla to better serve the growing loads of the City's system.
- f. A second 34.5-kV circuit was constructed from UE's system to the two substations of the City of St. James in order to provide St. James with more reliable service. St. James now has a primary and secondary source for each delivery point.
- g. Four additional connections have been added from the UE system to Missouri Power & Light Co (MP&L). One is a tap of a UE 138-kV line to the MP&L Zion Substation.
The other three are connections between UE combustion turbine units adjacent to MP&L's Mexico, Moberly &
Moreau substations. These connections provide local area support, defer the addition of other transmission facilities and improve service reliability to MP&L customers,
- h. A second 161-kV connection was made by the City of Columbia to the UE transmission system to provide additional reliebility and support for the City's system.
- i. Missouri Utilities Company (MU) is constructing a new bulk substation near Oran, Missouri which will tap MU's 161-kV line emanating from UE's transmission system.
This new sub_tation will support MU's load.
Question 1.d.
Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and basis for such changer should be included.
Answer There have been no changes in the ownership or allocation of the subject UE unit. UE remains the sole owner.
Question 1.e.
Changes in design, provisions, or conditions of rate schedules and reasons for such changes. Rate increases or decreases are not necessary.
Answer In compliance with an order of the Missouri Public Service Commission (MPSC) entered in June, 1974, in Case No. 18117, UE conducted a cost of service study. Subsequently, in August, 1978, U E' submitted to the MPSC revised rate schedules in accordance with the cost of service study. This rate design case (4EO-78-163) is currently pending before the MPSC. The principal issue is the
}b30 2hl
SNUPPS-C distribution of UE's allowed revenue requirement between and within its various classes of customers. UE has proposed rate design changes in this case to more accurately match the rates charged with the cost of serving the various customer classes. No increase in total revenues is involved.
As a part of its currently pending wholesale rate increase before the Federal Energy Regulatory Commission (FERC Docket No.
ER 77-614), UE has proposed to change the form of its rate and make other relatively minor modifications in its tariff provisions. The proposed rate form provides for the recovery of all demand-related costs in a demand charge and all energy-related costs in an energy charge.
New retail rates for UE's Missouri customers became effective on October 1, 1979. These new rates changed the rate design to eliminate the fuel adjustment clause which the Missouri Supreme Court found unlawful.
Question,1.f.
List of all (1) new wholesale customers, (2) transfers from one rate schedule to another, including copies of schedules not previously furnished, (3) changes in licensee's service area, and (4) licensee's acquisitions or mergers.
Answer (1) Under terms of an Electric Service Agreement for Wholesale Electric Service dated May 14, 1975, between Mo Ed and UE, Mo Ed became a wholesale customer of UE. Mo Ed was previously served by MP&L. Such Agreement was filed with the Federal Power Commission (FPC), now the Federal Energy Regulatory Commission (FERC), and accepted for filing by FPC on July 11, 1975, in Docket No. E9496.
(2) In 1977 UE filed with FERC in Docket No. ER 77-614 a new wholesale tariff which has been designated "W-3" superseding the Company's "W-2" tariff. The Company's fifteen (15) wholesale electric customers formerly served under "W-2" will be served under "W-3" %nen it is approved by FERC. A copy of the UE riling is attach d.
Effective September 1, 1979, the terms and conditions of interconnected operations between UE and Columbia became governed by a new contract designated as Rate Schedule FERC No. 96. This new contract superseded a previous contract which expired by its terms as of Nay 26, 1979, (Rate Schedule FERC No. 73).
(3) On April 18, 1974, in Case No. 18,009, the Missouri Public Service Commission authorized UE to increase its service area in St. Genevieve County, Missouri by approximately 1,000 acres to provide electric service to part of a lake development in'an area adjacent to the UE existing certificated territory which contains_the bulk of the lake development. -
1838 292 SNUPPS-C (4) Effective December 31, 1974, UE acquired Missouri Utilities Company (MU) through the acquisition of common shares of MU in exchange for common shares of UE. By orders dated June 17, 1970 and July 6, 1970, respectively, the Illinois Commerce Commission in Docket No. 55653, and the Missouri Public Service Commission in Case No. 16,966, approvec such acquisition. Approval of the Securities and Exchange Commission was obtained on April 10, 1974 in SEC Release 18368.
Question 1.g.
List of those generating capacity additions committed for operation after th nuclear facility, including ownership rights or power output allocations.
Answer No generating capacity additions have been committed for operation after Callaway Plant, Units 1 and 2.
Question 1.h.
Summary of requests or indications of interest by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.
Answer General - UE has interconnections with the following utilities and there are frequent and routine contacts between various representatives of the parties to discuss such matters as power and energy availability, capacity, transmission, communications plans, billing, metering, and system operating conditions:
Arkansas-Missouri Power Co. Iowa Public Service Co.
(Middle South Utilities, Inc.) Iowa Southern Utilities Co.
Associated Electric Cooperative, Inc. Kansas City Power & Light Co.
Central Illinois Public Service Co. Kansas Gas and Electric Co.
City of Columbia Kentucky Utilities Co.
Electric Energy, Inc. Missouri Public Service Co.
Illinois Power Co. Northern States Power Co.
Interstate Power Co. Public Service Company of Iowa Electric Light and Power Co. Oklahoma Iowa-Illinois Gas and Electric Co. St. Joseph Light and Power Co.
Iowa Power and Light Co. Southwestern Power Administration The following is a summary of requests or expressions of interest by others in obtaining electric service from UE:
Ark-Mo - In 1974 Arkansas-Missouri Power Company requested UE to provide an additional delivery point to serve its Ironton District. UE added the Delbridge Substation to provide the requested delivery point.
'l838 293 SNUPPS-C AEC - Associated Electric Cooperative, Inc. and UE exchange coordinating power and energy from time to time under a revised Interchange Agreement dated June 28, 1978. Since the systems of AEC and of UE, including its subsidiaries, are interwoven in certain areas, the parties have on-going discussions so that a reliable and economical transmission system can be planned and constructed based on a joint planning approach. AEC, CIPS and UE recognized the need for voltage support in northeastern Missouri. The companies working together resulted in additional transmission facilities in the area near Palmyra, Missouri. Late in the planning cycle for the Callaway units, AEC expressed interest in participating in Callaway Units 1 &
- 2. Following a joint one-year study, AEC decided not to participate in the Callaway units but expressed interest in participating in nuclear units after Callaway 1 & 2.
AIEC - In 1975, the Association of Illinois Electrical Cooperatives (AIEC) (Soyland Power Cooperative, Inc.) expressed an interest in the purchase of reserve and supplemental power from UE when IP's Clinton Nuclear Power Plant (of which AIEC is a partial owner) is out of service. UE met and discussed the matter with representatives of AIEC, but AIEC has since made other arrangements and has not expressed any further interest in rererve or supplemental power from UE.
Big Rivers - In 1977 Big Rivers Electrical Corporation which operates in the state of Kentucky, desired to discuss the acquisition of capacity from UE. UE was unable to meet such request due to unavailability of excess capacity within UE for the period requested.
Carthage - The City of Carthage expressed interest in the purchase or capacity for only the winter months of 1977 through 1979.
UE responded by providing a proposal of the terms and conditions for the sale of off-peak capacity; however, Carthage contracted with another supplier for such capacity.
CE - Commonwealth Edison Company (CE) participated in discussion 3i with UE, Central Illinois Light Company (CILCO) and Central Illinois Public Service Company (CIPS) concerning a common bus line to strengthen the interconnected transmission network. No conclusions have yet been reached in such discussions.
CILCO - Central Illinois Light Company (CILCO) participated in discussions with UE, Central Illinois Public Service Company (CIPS) and Commonwealth Edison Company (CE) concerning a common bus line to strengthen the interconnected transmission network, No conclusions have yet been reached in such discussions.
CIPS - Central Illinois Public Service Compa7y (CIPS) participated in discussions with UE, Central Illinois Light Company (CILCO) and Commonwealth Edison Company (CE) concerning a common bus line to strengthen the interconnected transmission network. No conclusions have yet been reached in such discussions.
Citizens - In 1975, Citizens Electric Corpordtion, a wholesale customer of UE, requested and was provided,a fourth 1838 294
SNUPPS-C delivery point. This delivery point was subsequently upgraded in 1977.
Columbia - In 1973 discussions were underway between UE and Columbia with regard to amending the Interchange Service Contract dated July 18, 1967. Proposed revisions covered, among other things, a new connection point, assurances of firm power sales for the future and new rates." Discussions and negotiations continued between the Parties and in May, 1976 UE gave the required three year's notice of termination of the contract. The contract expired of its own terms in May, 1979, but was extended by order of the Federal Energy Regulatory Commission (FERC) in Docket No.ER 79-435. Settlement discussions ensued and on September 18, 1979 a new Interconnection Contract was entered into between the parties effective September 1, 1979. This contract has been accepted by FERC as Rate Schedule No.
96, with an effective date of September 1, 1979. This new contract includes wording previously recommended by the Justice Department.
Farmington - In 1978, the City of Farmington, a wholesale customer ot UE, requested a third delivery point. This third delivery point, refered to as the Airport Delivery Point, went into service in November of 1979.
Fulton - In 1974, the City of Fulton requested an interconnection and a supply of firm power. UE worked with Fulton and developed a proposal but it was never finalized as Fulton made other arrangements for such supply.
Interstate - Interstate Power Comnany expressed interest in the purchase or capacity for the year 1974. No further interest was expressed after UE furnished Interstate the requested information.
IELP - In 1976, Iowa Electric Light & Power Company requested and UE supplied capacity for a 12-month period beginning May 1, 1978.
IIG&E - In December 1973, Iowa-Illinois Gas & Electric Company (IIG&E) expressed interest in short term capacity for 1977 and 1978. In 1978 IIG&E also expressed interest in an additional connection point. No further interest was shown in either matter after receipt of UE's proposals. UE is presently discussing arrangements for utilization of transmission facilities with IIG&E in connection with their Louisa Plant in Iowa.
IP&L - In 1975, Iowa Power & Light Company expressed a need for capacity for 1977 and 1978. UE worked with IP&L and furnished them 100 MW in 1977 and 300 MW in 1978.
ISU - Iowa Southern Utilities requested and received capacity from UE in 1973 and 1975. The parties are presently involved in discussions for strengthening the transmission system in areas where the two syotems interface.
Jackson - On July 2, 1979, UE received a letter on behalf of the cities or Jackson, Maldin, and Kennett, Misso.uri requesting the
_,_ 1838 -295
SNUPPS-C consideration of various power arrangements. Missouri Utilities Company (MU) received a similar request and because of load control considerations informed the cities regarding persons to be contacted at UE and the Southwestern Power Administration to discuss such matters. Both UE and MU responded and will work with the Cities to attempt to solve any problem to the mutual satisfaction of the parties.
KCP&L - Kansas City Power & Light Company (KCP&L) expressed interest in the purchase of capacity for 1976 through 1977. After discussions, KCP&L no longer expressed an interest in purchasing such capacity from UE.
KG&E - In December, 1973, Kansas Gas & Electric Company desired information concerning the purchase of capacity during 1976.
No further interest was expressed after UE provided the requested information.
Kennett - In 1976, the City of Kennett requested the purchase of power from MU which involved both UE and Southwestern Power Administration (SPA) because of load control area considerations. Arrangements satisfactory to all parties were developed. Also, see Jackson.
KU - Kentucky Utilities Company (KU) and UE entered into an Interchange Agreement dated July 2, 1976. This Agreement was accepted for filing in FPC Docket No.76-798. KU also requested and received short terms capacity in 1977.
Kirkwood - The City of Kirkwood expressed interest in the purchase of power from UE's Callaway Plant in June, 1974, accompanied by a request for information concerning the transmission of capacity to the City from a third party. UE responded that it was agreeable to Kirkwood's purchase of unit power from Callaway Plant and preliminary cost data were provided. With respect to the inquiry regarding the use of UE's transmission system for Kirkwood's power transactions with others, UE responded that it was willing to work with Kirkwood so as to minimize the installation of duplicate transmission and to make a detailed study and give consideration to any specific proposal Kirkwood might make. Kirkwood expressed no further interest in either proposal following UE's response.
Maldin - See Jackson.
MoEd - Missouri Edison Company (MoEd) became a wholesale customer ot UE in 1975 and subsequently requested two additional delivery points and the upgrading of another existing delivery point.
The requested facilities have been completed and power deliveries are being made via such delivery points. In 1976, MoEd asked UE to consider providing maintenance for certain high voltage transmission lines. UE agreed to do so and provided MoEd with a draft agreement but MoEd decided not to contract with UE for such work.
MP&L - Missouri Power & Light Company (MP&L) coo'rdinates its transmission plans with UE and, in conjunction with capacity addition 1838 296-
SNUPPS-C plans of UE, it was determined that significant savings and improved system reliability would be obtained if UE installed combustion turbines at selected MP&L substations. As a result of studies and negotiations, UE installed a 55-MW combustion turbine at three MP&L substations (Mexico, Moberly, and Moreau) in 1978. These locations are being added to the MP&L/UE contract as delivery points.
Operation and maintenance of the units is provided by MP&L.
MU - Missouri Utilities requested additional support at their Wed'eEind Substation. UE and MU worked together resulting in a tap from UE's system, in 1975, to provide the required support. MU, SPA and UE recognized the need for voltage support in southeast Missouri. The companies worked together in providing facilities in the area, with UE providing the Kelso Substation in 1974.
Mount Pleasant - In 1974, the City of Mount Pleasant expressed an interest in a connection and in the purchase of capacity, but after discussions and correspondence between the parties, no further interest was expressed until 1979 when the same interest was again raised by the City. UE responded by saying it is willing to consider the matter further. Mount Pleasant has not responded.
NEMO - In 1977, UE furnished a temrarary (two day) emergency connection to Northeast Missouri Electric Power Cooperative (NEMO) to enable it to do certain needed transmission line work. In 1979 NEMO provided a temporary connection from its system so that UE and MP&L could rebuild a section of line.
NSP - In 1974, Northern States Power Company desired to purchase capacity for a 12-month period starting in the summer of 1976. UE was not able to supply the capacity due to delays in its Rush Island Unit 1 generating plant.
Paregould - The City of Paragould initiated discussions with both MU and LE about supplying power to Paragould to supplement its own generation and its supply from the SPA. After correspondence and meetings, Paragould contracted with Arkansas Power & Light Company for service. In 1979, Paragould again asked UE to discuss service '
for 1981 and beyond. UE has indicated that it is willing to discuss the matter further. Paragould has not responded.
Richland - The City of Richland expressed interest in purchasing its entire capacity from UE in 1975. After discussions between the parties, Richland expressed no further interest.
St. Joe - In 1975, St. Joseph Light & Power Company (St.
Joe) desired intormation concerning the purchase of capacity for the period 1977 through 1979. Discussions followed but no agreement was reached. In 1977, St. Joe asked UE if it was interested in purchasing participation power from the Iatan Steam. Electric Generation Station, a joint venture by 9t. Joe and KCP&L. UE declined to make such purchase.
I 8 3 8' 2~9 7 SNUPDS-C Sho-Me - Sho-Me Power Corporation expressed a desire for additional delivery points in 1977. The parties are presently involved in discussions to arrange for strengthening the transmission system in the areas where the two systems interface.
WIPCO - In 1974, Western Illinois Power Coperative, Inc.
(WIPCO) expressed interest in an interconnection with UE. Also discussed was the possibility of joint ownership of a large power plant or the sale and purchase of participation power in a large plant which might be constructed by either WIPCO or UE. The closer proximity of other utilities to WIPCO apparently caused them to make other arrangements as no further interest has been expressed in such a proposal.
Waterloo - In 1977, the City of Waterloo, Illinois asked if UE was interested in purchasing the City's electric system. Since UE has no other distribution facilities in the area, such acquisition would have created operating and administrative difficulties. UE responded that it was not interested.
Question 2 Licensees whose construction permits include conditions pertaining to antitrust aspects should list and discuss those actions or policies which have been implemented in accordance with such conditions.
Answer No conditions pertaining to antitrust aspects were included in the Callaway Plant Unit 1 and 2 construction permits. However, a letter dated October 15, 1974, from Mr. Jerome Saltzman, Deputy Chief, Office of Antitrust & Indemnity, Directorate of Licensing, of the United States Atomic Energy Commission to UE's Mr. John K. Bryan, transmitted the Department of Justice's advice relative to an anti-trust review of Callaway Plant at the construction permit state.
Justice's advice is contained in a letter dated October 3, 1974 from Mr. Thomas E. Kauper, Assistant Attorney General, Antitrust Division, to Mr. Howard K. Shaper, Assistant General Counsel, United States Atomic Energy Commission. The Justice Department noted certain provisions in wholesale contracts of UE and subsidiary companies which Justice felt were unduly restrictive.
By letter dated June 28, 1974 from UE's Mr. Joseph E. Birk to Mr. Joseph J. Saunders, Antitrust Division, Department of Justice, UE stated that although it did not agree that the subject provisions were unduly restrictive, it was agreed that UE and its subsidiaries would negotiate to modify such provisions. The actions taken and the status of each provision found objectionable by the' Justice Department are set forth below in the order each item was discussed in Mr. Birk's letter of June 28, 1974: '
} 8h -
SNUPPS-C
- 1. U.E. 's FPC Rate Schedule 7', the Interchange Service Contract dated July 18, 1967 with the City or Columbia, Missourl On September 18, 1979, the parties executed a new Interconnection Contract effective September 1, 1979 superseding the 1967 Agreement. The Federal Energy Regulatory Commission has approved the contract. (FERC Docket No. ER79-435). This new Contract contains the modifications to section 9.4 of the 1967 Agreement as specified in Mr. Birk's June 28, 1974 letter.
- 2. Missouri Power and Light Company's (MP&L) FPC Rate Schedule 41, the Agreement with the City ot Owensville, Missouri MP&L had agreed to negotiate with the City to add the following sentence to Section 5 of the subject Agreement: " Municipality may operate its generating facilities in parallel with Utility's system."
Apparently this modification was sought because the tariff sheets then in effect incorporated by reference MP&L's standard Rules and Regulations and might have been viewed as prohibiting parallel operation of the municipality's generating facilities. The contract was renegotiated in 1977. Neither the new contract nor the tariff it embodies now refer to MP&L's Rules and Regulations and are now on file with the Missouri Public Service Commission. The new contract does not contain any limitations on Owensville's right to operate its generating facilities in parallel with MP&L's system.
MP&L had agreed to negotiate with the City of Perry in an attempt to modify paragraph 2.D. which says:
" Distribution facilities being served from the two substations shall not be interconnected without consent of the Utility" to read " Distribution facilities being served from the two substations shall not be interconnected without prior notification to and consultation with Utility to insure safe and reliable system operation."
The Agreement between MP&L and the City was renegotiated in 1977 and a new agreement was entered into. Apparently, the propoaed modification was inadvertently overlooked when the agreement was renegotiated, for the language appears' unchanged in the new Section 5 of the 1977 Agreement. Efforts will be made to make the suggested modification. s 1838 299 SNUPPS-C Paragraph 9 of the new Agreement is new language which conforms to suggested language for MP&L's other municipal contracts as referenced in paragraph (4) of Mr. Birk's letter of June 28, 1974.
- 4. MP&L Contracts a) FPC Rate Schedule 43, the Agreement with the City ot Canton, Missourl; paragraph 5.
On January 1,1976 MP&L purchased the generation and distribution system of the City of Canton. Rate Schedule 43, the Agreement with the City of Canton, has been cancelled.
T b) FPC Rate Schedule 41, the Ag reement with the City ot Owensville, Missouri, paragraph 4.
This contract was renegotiated and a new contract was entered into between the parties. This new agreement has been modified and contains in paragraph 5, the suggested language referenced in paragraph (4) of Mr.
Birk's letter of June 28, 1974.
c) Agreement with the City of Marceline MP&L offered to revise paragraph 5 of this agreement to include the modifying language referenced in paragraph
, (4) of Mr. Birk's letter of June 28, 1978, but the City refused to negotiate such change.
- 5. Missouri Edison Company's (MoEd) agreement with the City of Clarksville, Missouri, dated September 4, 1973.
This agreement has been revised to include the language referenced in paragraph (5) of Mr. Birk's letter of June 28, 1974. A copy of the new agreement containing this modification was previously transmitted to Mr.
Thomas E. Kauper, Assistant Attorney General, Antitrust Division, Department of Justice, by letter dated February 19, 1975, from UE's Mr. Joseph E. Birk. A copy of this letter and the new agreement was also sent to Mr. Howard K. Shaper, Acting General Counsel, Nuclear Regulatory Commission.
1838 300 '
STATE OF MISSOURI CITY OF ST. LOUIS John K. Bryan, of lawful cge, being first duly sworn upon oath says that he is Vice Presiden'.-tMclear and an officer of Union Electric Company; that he has read the foregoing document and knows the content thereof; that he has executed the same for and on behalf of said company with full power and authority to do so; and that the facts therein stated are true and correct to the best of his knowledge, information and belief.
By k;8 cit,n M A; dN\
hn K. Bryan f \
'ce President' uclear SUBSCRIBED and sworn to before me this <2 p b day of January, 1980 Notary Public ,
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(Sea 1) , :. ,
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My Commission Expires: //J//g.:L, 1838' 301
O Harch 27, 1978 NOTICE OF R/TE REVISION FPC ELECTRIC TARIFF _
WHOLESALE (W-3) RATE Attached is an entirely new Wholesale (W-3) Rate Tariff.
A U
This is effective March 27, 1978, subject to refund if the full increase is not granted by the Federal Energy Regulatory Comission (formerly Federal Power Comission). The new rates will increase revenues by $8,436,100 or 20.07. per year, based on a forecast test period of 12 months ended September 1978.
Concurrently, rates to Missouri Power & Light Co. and Missouri Utilities Company (Southeast Division) are being increased by $4,670,100 (17.17.) and $1,869,700 (12.47.) respectively. These are special contract races, and the increases are also subject to refund.
h A. P. Vierheller APV/ja Enclosure P.S. Pending final deterimination of the Wholesale (W-3) Rate Case, do not discard your present Wholesale (W-2) Rate Tariff.
1838 302 0 -
O FPC ELECIRIC TARIFF W-3 of UNION ELECIRIC COMPANY h filed with FEDERAL POWER COMMISSION O
O Coca:zunications Covering Rates Should be Addressed to:
Charles J. Dougherty, President P.O. Box 149 St. Louis, Mi,souri 63166 O
1838 303 0
Union Electric Company Original Sheet No. 1 FPC Electric Tariff W-3 ,
O TABLE OF CONTENTS Sheet No.
Maps . . . . ....... . . . ............... 2,3 Rate Schedule Availability . . . . . . . . .......... ..... 4 Applicability and Character of Service . . .. ...... 4 Rate .. . ................ .. ...... 4 Voltage Discount . . . . . . ............... 5 Minimum Monthly Charge . . . ............... 5 Fuel Adjustment . . . . . . . ............... 5 General Rules and Regulations Points of Delivery . . . . . ............... 8 Contract Capacity . . . . . . ............... 9 Metering ... . . . . . . . ............... 9 Billing and Payment . . . .. ............... 10 Service Interruptions . . .. ............... 10 Inability of Purchaser to Take Full Service . . . ...., 11 Purchaser's Operations and Facilities . . . . . .. .... . 11 Term . . . ...... . . . ............... 13 Authority . . . . . . . . . . . . . . . . . .. ...... 13 O Notices . . ... . . . . . . ...... . .. ... ... 13 Effect on Previous Electric Tariff and Existing Contracts . 14 Form of Electric Service Agreement .............. 15 Exhibit . .. . ..... . . . . ............... 18 Index of Purchasers . . . . . . . ............... 19 Issued by Charles J. Dougherty (Name) g President (Title)
Issued on September 26, 1977 Ef fective March 27, 1978
Union Electric Company Original Sheet No. 2 FPC Electric Tariff W-3 g MAP SHOWING APPROXIMATE LOCATION OF POINIS OF DELIVERY MISSOURI OF SERVICE TO WHOLESALE CUSTOMERS -
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LIST Cfr PURCHASEMS atewmie e 3 6, \ L1) 3 Arnesos-Idlesowt Power Campe'F otaf ( s f. %#<p,,, /or**d hve' Ptene 2 Cittauw Electria Corporation IRoe -a oss ,,,,,,,,g,,
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4 Kirtwood, City of (I 7 Miseewt uttiltlee Cenpeny '
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10 She.Me Power Carperetten 3,a6
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Issued by Charles J. Dougherty (Name)
President (Title)
September 26, 1977 Effective March 27, 1978 ssued en
Union Electric Company Original Sheet No. 3 FPC Electric Tariff W-3 . _ , _
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IOWA MAP SHOWING APPRCXIMATE LOCATION OF POINTS OF DELIVERY OF SERVICE TO WHOLESALE CUSTOMERS SCALE ogr mitgg 6 o a lo i
HENRY ' OES MOINES To Burtington COUNTY ,
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+ ILLINOIS LIST OF PURCH ASER S
- I I lowo Electric Light & Power Co.
2 lowo Army Animonition Plant.
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3 Missourt Power 8 Light Co.
4 West Point, Town of mis SOC RI Note: Lines shown 69 KVond obore Keokuk N Plant .
' 5Hemitton Sub. 1838 306 W 0)-E ,
To St. Louis EONN 020$#$1 Issued by Charles J. Dougherty (Name)
Psesident (Title)
September 26, 1977 Effective March 27, 1973 Issued on
i Union Electric Ccmpany Original Sheet No. 4 FPC Electric Tariff W-3 O
i RATE SCHEDULE s
- 1. AVAILABILITY This rate schedule shall, subject to the provisions hereinafter in this Electric Tariff set forth, apply to the purchase within the states of Missouri and Iowa from Union Electric Company (hereinafter called Company) by any electric utility, municipality or rural electric cooperative (hereinafter called Purchaser) of all or sub-scantially all of Purchaser's electric service requirements for its own use and for distribution and resale to its customers, citi= ens, or members, within all or a segregated portion of its service area,
() and pursuant to an electric service agreement in the form contained in this Tariff or pre-existing contracts recognized as continuing in effect pursuant to paragraph 11 of Sheet No.14 of this Tariff.
- 2. APPLICABILITY AND CHARACTER OF SERVICE Electric energy shall be delivered by Company as three phase alter-nating current at a frequency of approximately 60 hertz at such standard unregulated primary distribution or transmission line
(]) voltage (hereinafter called delivery voltage) as may be available at the desired location and suitable for the capacity supplied.
- 3. RATE BASED ON MONIHLY METER READINGS a) Energy Charge - All kWh @ .69 c per kWh, plus g
b) Demand Charge - $6.645 per kW of monthly billing demand.
The billing demand to be used each month shall be the highest averaga demand in kilowatts occurring in any clock hour, but not less than 80 percent of the highest billing demand established during June, July, August, or Saptember of the preceding 11 months.
Where Company delivers serve. to Purchaser's integrated system at more than one point of delivery as provided for in paragraph 1 of the General Rules and Regulations, the demand measurements at the respect'.ve points of delivery shall be cumulated simultaneously. -
each month to determine the maximum simultaneous demand.
Issued by Charles J. Doucherty (Name) 1838 307 (h President Cricle)
Issued on September 26, 1977 Effective March 27, 1978
Union Electric Company Original Sheet No. 5 FPC Electric Tariff W-3 0
- 4. VOLTAGE DISCOUNI Where service is delivered at any point at 138,000 volts or above, a discount of 30c per kW is allowed. If the billing demand is estab-lished by the current month's peak demand the discount shall be applied to the kW demand at said point of delivery at the time cus-tomer's total monthly peak billing demand is established. Whenever the billing demand is established by taking 80 percent of a previous '
month's peak demand, as provided in Section 3, the discount shall be applied to 80 percent of the kW to which the discount was applied in j that same previous month.
- 5. MINIMUM MONIHLY CHARGE O The minimum monthly charge shall be the demand charge applied to the billing demand plus any facility charges which normally apply.
- 6. FUEL ADJUSTMENT To compensate for changes in Company's fuel cost per kilowatthour (kWh) of sales, the charges for all kWh delivered by Company under the terms of this schedule shall be cubject to a monthly adjustment
(]) when the Company's weighted average fuel cost per kWh of sales, as determined by Company as set forth below, during the month is greater or less than 0.608c per kWh of sales as follows:
For each increase or decrease in the fuel cost per kWh of sales above or below 0.608c per kWh, the unit of increase or decrease in the energy charge applicable to all bills rendered under 0, the terms of this schedule shall be determined monthly in accoriance with the following equation:
cents /kWh =
( EE Sm
- 0.608)(0.964) where Fm = Company's cost of fossil and nuclear fuel during each current monthly (m) period which cost shall consist of the following:
I838 $UB Issued by Charles J. Dougherty (Name)
Os President (ritle)
Issued on September 26, 1977 Ef fective March 27, 1978
Union Elmetric Company Original Sheet No. 6 FPC Electric Tariff W O
- 1) fossil and nuclear fuel consumed in company's own plants, and Company's share of fossil and nuclear fuel consumed in jointly own2d or leased plants; plus
- 2) the actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in (3) below; plus
- 3) the net energy cost of energy purchases, exclusive of capacity or demand charges (irrespective of the designation assigned i to such transaction) when such energy is O..<,
purchased on an economic dispatch basis.
Included therein =ay be such costs as the charges for economy energy purchases and the charges as a result of scheduled outage, all euch kinds of energy being purchased by the buyer to substitute for its own nigher cost energy; less
- 4) the cost of fossil and nuclear fuel recovered through inter-system sales including the fur.1 costs related to economy energy sales.and other energy sold on an eennemic dispatch ,
basis.
Sm = All kWh sold by Company during the current period, excluding inter-system sales.
0.608 = Company's cost of fossil and nuclear fuel per kWh of sales (in cents /kWh) during the bas a '
period which cost consists of items (1) througa (4) described herein for the calculation of Fu and which sales consist of all kWh sold by Coupany during the base period, excluding inter-systen sales.
0.964 = A loss modification factor to properly allow for losses associated only with wholesa.le sales for resale.
Issued by Charles J. Doucherty (Name) l @ jQ}
President (Title)
Q March 27, 1978 Issued on September 26, 1977 E f f ective
Union Electric Co=pany Original Sheet No. 7 FPC Electric Tariff W-3 0
- 7. CE!ERAL RULES AND REGULATIONS The General Rules and Regulations set forth are a part of this Electric Tariff.
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Issued by Charles J. Dougherty (Name)
O ere tee c (rtete)
Issued on September 26, 1977 Effective March 27, 1978
Union Electric Company Original Sheet No. 8 FPC Electric Tariff W-3
()
GENERAL RULES AND REGULATIONS s
- 1. POINTS OF DELIVERY Company will normally supply service to Purchaser within or at the border of Company's authorized or recognized general service areas, or at Company's option, at a suitable point on any of its principal transmission lines interconnecting its electric generating plants and substations, or interconnecting Company's system with others.
Delivery of service at a point other than as above provided shall be by mutual agreement and subject to such additional considerations as may be particularly applicable.
O Where the portion of Purchaser's distribution system to be supplied with electric service by Company is completely intercor.nected and operated as an integral unit, and depending on the nature and loca-tion of Purchaser's service area and capacity required, it may be mutually desirable for Ccmpany to supply and Purchaser to take service for such integrated system at more than one point of delivery. '
Where Company consents to supply service at such multiple points of 3 delivery to the integrated system, all such service shall be supplied 0,' under a single contract. Where substantial amounts of load may be transferred from one point of delivery to another, Purchaser and Company shall mutually agree on the maximum capacity limitations f applicable to each point of delivery and Purchaser shall operate its system in compliance with such maximum capacity restrictions.
During periods of emergency operations, Company will cooperate with Purchaser in carrying abnormal loads at individual points of delivery,
.. provided Company is notified i= mediately of the nature of the emer-
- ' gency, its probable duration, and the estimated amount of load trans- ,
fer. Company may from time to time establish such limitations on the smount of emergency load to be taken at any point of delivery as are necessary, in Company's sole discretion, to maintain its system operations and to protect its equipment and facilities during the emergency.
I838 311 Issued by Charles J. Dougherty (Name)
President (ritle)
{
Issued on September 26, 1977 Effective March 27, 1978
1 Union Electric Company Original Sheet No. 9 l
FPC Electric Tariff W-3 f O = ;
- 2. CONTRACT CAPACITY Purchaser shall inform Ccmpany of the maximum capacity in kilowatts required during the initial term of contract which amount shall be stated as Contract Capacity in an exhibit to the electric service agreement with Purchaser and such Contract capacity shall not be exceeded by Purchaser without the prior written consent ,sf company, evidenced by a revised exhibit to the electric service agreement which shall have become ef fective under the Federal Power Act.
Company will expect to supply Purchaser's normal annual increments of load up to the stated Contract Capacity, but if Purchaser's require =ents should increase beyond such capacity and to such an extent that to supply such increased requirements it would be nec-essary for Company to enlarge its service facilities, Company shall Q not be required to enlarge its service facilities unless Purchaser enters into a new electric service agreement based on such increased capacity and containing suitable provisions, where required by Com-pany, for the amortization of Company's increased investment. Com-pany reserves the right to accept or reject applications for new service hereunder, or for additional service in excess of the Con-tract Capacity stated in an exhibit to the electric service agree-ment hereinabove referred to after consideration of Company's 0;# existing commitments, available generation and transmission capacity, l the requested point of delivery and other pertinent service factors.
- 3. METERING 3.1 Metering and Ecuipment Suitable metering transformers and equipment shall be installed by l 0 Company in space and on supports to be provided by Purchaser (where l located on Purchaser's property, casement or right-of-way) to determine ,
the amount of electric service delivered at the delivery voltage at the point of delivery. Where , upon mutual agreement , metering equip-ment is installed at any point other than the point of delivery, readings of such meters shall be adjusted to compensate for losses between the point of metering and the point of delivery. If measure-ments are made at other than delivery voltage, the meter readings shall be adjusted by an appropriate correction factor from time to time as the load changes or by the use of loss compensating meters.
Where required, initial correction factors expressed in percent of meter readings shall be stated in the electric service agreement.
Issued by Charles J. Doucherty (Name) ~ . l h President (Titic) } h ) h . .h f I
Issued on September 26, 1977 Effective March 27, 1978 l l
Union Electric Corepany Original Sheet No. 10 FPC Electric Tariff W-3 O
Purchaser may, at its option and at its own expense, install duplicate metering equipment for the purpose of checking Company's meters.
s 3.2 Correction of Metering Errors The readings taken on all meters used in determining the monthly demand and energy use shall be considered true and accurate uniess, upon test initiated either by Company or Purchaser, not to exceed one in each year at the expense of the Company, an inaccuracy in excess of 27 is found to exist, whereupon adjustment in billing will be made to com-pensate either Purchaser or Company for such inaccuracies. Any such billing adjustment, however, will be applicable only for the month preceding the one in which the error was determined plus the elapsed period in the month during which the test was made.
3.3 Failure of Meters In case during any billing period a meter fails to register the full amount of the electrical energy consumed, the amount of the bill will I be estimated based on appropriate methods.
- 4. BILLING AND PAYMEIR Bills for electric service shall be rendered monthly by Company and shall be due within 15 days from the date of the bill. If any bill is not paid within that time, it shall become delinquent and shall bear interest from the date of the bill to the date of payment at ,
the rate specified by the Federal Power Commission for refunds to wholesale customers as contained in FPC Regulation No. 35.19a, or its appropriate rev'ision. Said rate is presently 9 percent per annum.
- 5. SERVICE IIEERRUPTIONS Company shall use reasonabic diligence in furnishing an uninterrupted and regular supply of electric service but shall not be responsible or liabic for any loss or damage to Purchaser on account of defi-ciencies, imperfections or non-delivery of service, provided, however, that in case of complete or partial failure or inability of Company i to deliver electric service for a period in any day having a duration j in excess of 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />, Purchaser shall be entitled to a pro-rata reduc- ,
tion in billing demand charges for the part of the month during which the '
supply of electric service is so reduced. l Issued by Charles J. Doucherty (Name) h Presidenc (Title)
Issued on September 26, 1977 Effective March 27, 1
i l
Union Electric Company Original Sheet No. 11 j FPC Electric Tariff W-3 I
~~
(b)
- 6. INABILITY OF PURCHASER TO TAKE FULL SERVICE If Purchaser, on account of damage to or total or partial disability of its system caused by Act of God, accidents, fires, floods, strikes of its own employees, civil or military authority, insurrection or riot, or act of the elements, is unable to take service from Company for a period in any day having a duration in excess of 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br />, and Furchaser uses al1 reasonable means to reestablish normal use of service bemediately after such cause has ceased to exist, then Pur-chaser shall be entitled to a pro-rata reduction in the monthly billing demand charges for the period during which it is unable to take its full and normal service requirements from Company. ,
I g 7. PURCHASER'S OPERATIONS AND FACILITIES 7.1 Design and Operation of Purchaser's Facilities Purchaser's transmission at.. distribution lines and equipment shall be designed, operated and maintained to function satisfactorily as an extension of Company's system. Purchaser shall exercise control to avoid sudden fluctuations in load which would disturb the service delivered to other customers of Company, maintain a balanced three Os' phase lord, and provide sufficient reactive supply to provide a power factor of 957. lagging or higher at the time of its peak billing demand. Switching of the reactive supply by Purchaser shall be pro-vided to the extent needed to avoid high voltage problems during light load conditions. Purchaser shall be responsibic for whatever regulation of voltage may be required to enable it to deliver satis-factory service to its customers.
() 7.2 Circuit Interrupting Devices Purchaser, when so requested by Company, shall install at or near the point (s) of delivery a suitable circuit interrupting device, of size and type approved by Company, for the purpose of clearing faults originating on Purchaser's system and shall set the relays operating said device in accordance with Company's instructions.
Ir coed by Charles J. Dougherty (Name) l83h
^
j{4 President (Title)
({)
September 26, 1977 Effective March 27, 1973
!ssued on
Union Elcetric Ccmpany Original Sheet No. 12 FPC Electric Tariff W-3 0
7.3 Changes in Facilities or Operations Changes in the physical facilitics involved in the delivery by Company '
and receipt by Purchaser of electric service, or in the method of operating such facilities, may be made from time to time upon mutual consent of Purchaser and Company, but Purchaser shall be responsible for the cost and operation of all facilities beyond che point of delivery, and shall reimburse Cocpany for the cost of any rearrange-ment of Company's facilities necessary to adapt them to changes desired by Purchaser in Purchaser's facilities for receiving service.
7.4 Interconnections with other Sources of Supply O rue 9tovi te== or cat r rier co=ce=vtace ca c == der =or= 1 over=ct=s conditions Purchaser's requirements for electric service in the area specified will be supplied by Company, except that Purchaser, subject to notification to Company of its intent, may interconnect the elec-tric service taken from Company with other sources of electric service g available to Purchaser for (a) regulating voltage, controlling peak i demands of energy purchased from Company, or replacing in whole or in i part during emergencies the electric service normally supplied by l Company, or (b) furnishing supplementary or standby electric service Q to any of Purchaser's customers having generating equipment of their f
own. Whenever generating equipment, whether owned by Purchaser or a third party, is to be so interconnected, and prior to such intercon-nection, written procedures shall be established after consultation with Company covering parallel operation of such generating equipment i with, or its connection to, any part of Company's system, and copies of such procedures shall be filed with Company and with the Federal Power Comission. Putchaser must assume full responsibility for O'3 billing demands created under any of the operations contemplated under this paragraph.
7.5 Operation Durinc a System Emergency Condition Should a system emergency condition occur such that Company must reduce voltage or load, Purchaser, when requested by Company, shall also reduce voltage or load in proportion to such reductions being made by Company as far as practicable.
1 Issued by Charles J. Dougherty (Name)
President (Titic)
Q Issued on September 26, 1977 Effective March 27, 1978
Union Electric Company Original Sheet No. 13 FPC Electric Tariff W-3 0
7.6 Underfrequency Losd Shedding Eauipment Purchaser shall install automatic underfrequency load shedding equip-ment to the extent practicable on its distribution feeders with no intentional time delay beyond that absolutely required to avoid improper relay operation, as follows:
Step 1. At 59.3 hertz, shed not less than 107. of Purchaser's total load.
Step 2. At 59.0 hertz, shed additional load in an amount not less than 107. of Purchaser's total load prior to Step 1.
O Step 3. At 58.7 hertz, shed additional load in an amount not less than 107. of Purchaser's total load prior to Step 1.
If Purchaser's billing demand does not exceed 20,000 kW Purchaser is not required to install load shedding equipment.
- 8. TERM Except as provided in pre-existing contracts referred to in Paragraph 11 ,
of these Rules and Regulations, all service rendered under this electric l tariff shall be for an initial term of not less than five years and shall t I
continue thereaf ter for successive terms of five years each, subject to termination at the end of the initial or any renewal term by the giving of notice in writing by either party to the other at least two years prior to the expiration of the initial or any renewal term, provided,
" however, that wherever Company is required to make a substantial expen-diture to provide for extension of its facili".1.es to the point or points of delivery of service to Purchaser, or in other special circumstances, Company reserves the right to require extension of the term or such further provisions as may be economically warranted by the special cir-cumstances involved.
1838 M 6 Issued by Charles J. Dougherty (Name) h President (Title)
. Issued on September 26, 1977 Ef fective March 27. 1978
Union Electric Company Original Sheet No. 14 FPC Electric Tariff W-3
- 9. AUTHOR TY The Rate Schedule and the General Rules and Regulacions are subject to modification to conform to any change made by the Company when authorized or ordered by the Federal Power Comission which shall become ef fective under the Federal Power Act. Nothing contained herein shall be construed as affecting in any way the right of Company to unilaterally make appli-cation to the Federal Power Comission for a change in rates, charges, classification, or service, or any rule, regulation or related contract, under Section 205 of the Federal Power Act and the Commission's Rules and Regulations thereunder.
- 10. NOTICES O Any notice hereunder shall be deemed to have been duly given if in writing and either sent by postpaid mail addressed to the respective parties at the last known post office address, or such other address as they shall designate in writing, or delivered personally to said respective addresses.
Routine or emergency notices may be given by telephone or telegraph.
- 11. EFFECT ON ELECIRIC TARIFF W-2 AND EXISTING CONTRACTS The provisions of this Electric Tariff W-3, upon becoming effective, shall ,
supersede Rate Schedule W-2 applicable in the States of Missouri and Iowa. l Any agreement between Company and Purchaser which was executed prior to !
I and was in effect on the ef fective date hereof shall be continued in effect ,
(subject to termination by either party to such agreement in accordance with the termination provisions thereof) to the extent that its provisions are not superseded by or in conflict with the provisions of this Electric Tariff until such agreement may be replaced by a service agreement in the
- . form contained in this Electric Tariff.
I838'$11 Issued by Charles J. Dougherty (Name) h Pres ident (Title)
Issued on September 26, 1977 Ef fective March 27, 1978
Union Electric Company Original Sheet No. 15 FPC Electric Tariff W-3 O
FORM OF ELECTRIC SERVICE AGREE;IENE i
THIS AGREEMENr, made and entered into this day of ,
19_, by and between UNION ELECTRIC COMPANY, a Missouri corporation, (called
" Company") , and ,a _.
(called " Purchaser"), referred to collectively as " Parties" and singularly as
" Party";
WITNESSETH: That in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:
SECEION 1. ELECTRIC ENERGY TO BE SOLD AND PURCHASED Company agrees to sell and deliver and Purchaser agrees to take and pay for all electric service required by Purchaser for its own use and for distribution and resale to its customers in Purchaser's service area. (Here insert the appropriate description of Purchaser's service area or attach an exhibit as required and insert an appropriate provision in case of use by Purchaser of other limited sources of supply.)
h SECTION 2. RATE SCHEDULE All electric service delivered hereunder shall be paid for by Pur-chaser under company's effective FPC Electric Tariff on file with the Federal Power Commission. This agreement in all respects shall be subject to the provisions of the Rate Schedule and to the General Rules and Regulations applicable thereto on file with the Federal Power Commission, all of which are by reference made a part hereof. The terms of this agreement, including the rates and the General Rules and Regulations, are subject to modification Q ' rom time to time to conform to any change made by Company or ordered by the Federal Power Commission which shall become effective under the Federal Power Act.
Nothing contained herein shall be construed as affecting in any way the right of Company furnishing service under this agreement to unilaterally make application to the Federal Power Commission for a change in rates, charges, classification, or service, or any rule, regulation or contract relating thereto, under Section 205 of the Federal Power Act and pursuant to the Com-mission's Rules and Regulations promulgated thereunder.
~ 1838 $18
. Issued by Charles J. Doucherty (Name)
President ('2itle)
Effective March 27, 1978 Issued on senectnbe r 26. 1977
1 I
Union Electric Company Original Sheet No. 16 FPC Electric Tariff W-3 O
SECEION 3. DELIVERY POIITT, DELIVERY VOLTAGE AND C01ERACT CAPACITY Such electric service shall be delivered by Company to Purchaser at the delivery point (s) and delivery voltage (s), and up to the contract capac-ity as set forth on an exhibit attached hereto and made a part hereof.
These delivery points, from time to time by mutual consent of the Parties, may be revised, modified, or additional delivery points may be added. When a new delivery point exhibit is signed by the Parties and approved by the Federal Power Commission, it shall become a part of this agreement. D C ivery points may be cancelled by either Party with two years written notice.
SECTION 4. METERING POINIS, ITTERING VOLTAGES AND CORRECTION FACTORS Metering points, metering voltages, and metering correction fac-tors, if any, shall be as set forth in the attached exhibit.
l SECTION 5. FACILITIES TO PE PROVIDED BY COMPANY SECTION 6. FACILITIES TO BE PROVIDED BY PURCHASER SECTION 7. EFFECTIVE DATE AND TERM This agreement shall become effective and binding and shall continue in force and effect for an initial term ,
and shall continue thereaf ter for successive terms of five years each, sub-ject to termination at the end of the initial or any renewal term by the giving of notice in writing by either Party at least two years prior to the expiration of the initial or any renewal term.
h SECTION 8. CANCELLATION OF PRIOR CONTRACTS (If applicable)
This agreement as of the effective date hereof supersedes and can-cels the contract b2 tween the Parties hereto dated and all related supplements and amendments thereto.
SECTION 9. ASSIGNMENE This agreement shall inure to the benefit of and be binding upon-the successors and assigns of the respective Parties, but shall not be assigned by Purchaser without the prior written consent of Company except 1838 319
. Issued by Charles J. Doucherty (Name)
President (Title)
Issued on September 26, 1977 . Effective March 27, 1978
. Union Electric Company Original Sheet No. 17 FPC Electric Tariff W-3 0
to a successor to all or substantially all of the properties and business of Purchaser used for supplying service in the territory in which the service purchased from Company is distributed or sold.
(In the case of rural electric cooperatives, add exception of assignment to United States of America as security for a loan made to Purchaser through the Rural Electrification Administration.)
SECIION 10. INDEMNITY Each of the Parties shall indemnify and save harmless the other Party, its officers, agents and employees, from and against any and all
" claims for injury or damage to persons or property, including expenses and costs in connection therewith, caused by or resulting from the contruction, installation, operation or maintenanc2 of the facilities of the indemnifying ,
Party, or by reason of the acts or negligence of its agents or employees in connection therewith, or by reason of the acts or negligence of its agents ;
or employces while said agents or employees are on the said other Party's f property.
h SECIION 11. OTHER FACTORS (If applicable)
IN WITNESS VHEREOF, the Parties hereto have caused this agreement ;
i to be executed and attested by their authorized officers as of the day and year first above written. J l
UNION ELECIRIC COMPANY O ATTEST: By By Title Title (Purchaser)
ATIEST: By By Title Title l838 520 i
i Issued by Charles J. Dougherty .(Name)
President (Titic)
September 26, 1977 E f fective March 27, 1978 Issued on
Union Electric Company Original Sheet No. 18 FPC Electric Tariff W-3 O
EXHIBIT DELIVERY POINT NO. 1 -
Delivery Point Description of De'ivery Point location, voltage, and contract capacity.
Facilities Provided by Company Facilities Provided by Purchaser Metering Points Description of metering points, metering voltages, and correction factors, if any.
O O
1838 521 Issued by Charles J. Dougherty (Name)
President (Title) i Issued on September 26, 1977 Ef fective March 27, 1978
Union Electric Company Qriginal Sheet No. 19 FPC Electric Tariff W-3 0
i INDEX OF PURCHASERS Iowa Iowa Army Ammunition Plant ,
Iowa Electric Light & Power Company Missouri Power & Light Company West Point, Town of O
Missouri Arkansas-Missouri Power Company Citizens Electric Corporation Farmington, City of Fredericktown, City of Hannibal, City of O,- Kirkwood, City of Missouri Edison Company Missouri Power & Light Company Missouri Utilities Conpany Rolla, City of St. James, City of Sho-Me Power Corporation O
1838322 Issued by Charles J. Dougherty (Name)
President (Title)
Issued on September 26, 1977 Effective March 27, 1978
% .._