ML19326A616
| ML19326A616 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse, Perry  |
| Issue date: | 09/15/1978 |
| From: | Reynolds W SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Saltzman J NATIONAL ARCHIVES & RECORDS ADMINISTRATION |
| References | |
| NUDOCS 8002250925 | |
| Download: ML19326A616 (31) | |
Text
_ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ _
,"y
- . ~
/
QCf $l REGlJLATORY INFORMATION DISTRIBUTION OYGTEM (RIDS)
DISTRIBUTION FOR INCOMING MATERIAL 440/441/500 '
5d/
REC: SALTZMAN J ORG: REYNOLDS U D DOCDATE: 09/15/78 NRC GHAW PITTMAN POTTS ET AL DATE RCVD: 09/20/7 DOCTYPE: LETTER NOTARIZED: NO COPIES RECEIVED SUDJECT: LTR 1 ENCL 1 FURNIHOING REQUEGT FOR NRC"S WITHDRAWAL OF 06/28/78 NOTICE OF VIOLATION PERTAINING TO CEI"3 CHANGES TO TRANSMISSION TARIFF PROPOSED BY NRC STAFF. W/ATT SVC GCHEDULE C.
PLANT NAME: DAVIS DESSE - UNIT 1 REVIEWER INITIAL: XJM PERRY -- UNIT 11 DISTRIBUTER INITIAL: y d PERRY - UNIT 2 DAVIS-BESSE - UNIT 2 4M .3
- !>************* DISTRIBUTION OF THIS MATERIAL IS AS FOLLOWS ******************
ANTITRUST INFORMATION (DISTRIBUTION CODE 2999)
FOR ACTION: ASST DIR VASSALLO**LTR ONLY OR CHIEF LWR #1 BC**LTR ONLY '
PROJ MGR ENGLE**W/ ENCL LIC ASGT LWR #1 LA**W/ ENCL l
FOR INFO: MOORE **LTR ONLY(1) EPEM1 BC**LTR ONLY(1)
FOR INFO: C O m s.. ' - ONLY(1) SLATER **LTR ONLY(1)
INTERNAL: " *W/ ENCL NRC PDR**W/ ENCL
.J -e.iERSENn*LTR ONLY SALTZMAN**W/ ENCL l RUTCERG-xuW/3 ENCL 8L Lu)R # L W/*." 'I \
EXTERNAL: LPDR'(2Y$%ry C.W.) w EM gphjg ()/ggl f PT. CLINTON, OH**W/ ENCL -
TERAM W/ ENCL 4A AM M E W/M } 8 l NGIC**W/ ENCL g gg4 g) j ASLDe*W/2 ENCL i ACRS CAT B**W/O ENCL O, Lydk b 4,4 c.wR*4 w/ hl l sc EP8 :n 2. w/s el. \
6,;Ib ar+ w/nd \
bwM W/Enl. l l
l l
l l
DISTRIDUTION: LTR 30 ENCL 13 CONTROL NER: N*WMiMihm7.4.
SIZE: 2P+6P d l
- -*********** THE END *******************************' I 8002 250 a 72 5 /sq
.' 6 g-3%
go w ... .. ... . . . :. . : .... J:t $ of SH Aw, PITTMAN. PoTTs & TROWB RIDG E ~
YO 8800 M STREET,N.W. '//
WAS HlNGTON, D.C. 2 00 3 6
"'O'!,*%' A.
OEOmOE 7. TMO*B#iOGE 00!J5.".'#.'#~'"'
LEANO.Awuca ~~""
Em CHAN FP s A. M b QWGM *
- 'C:?;::::"2'
. C "" .'t ~A~a
~
- E*"*.* .";.."~1?:.". n"' l','":::.*C." "
enyct w. Cmunce ,LL sAu r, s. M Amum M'EX MamflN O. 88 Ek Co. AmO d. G ALE N MIC W AND J. M EMD ALL po SERT B. *OS SIN. CABLE 'SMAWLAW' C: :: '!";.. n, '"'"*':;?:::. -
S'.?"Ol;at";'"&o. "'c';^e"..".1"*;':"%*
, o- $~A-o~
':3 'ir.?.'. '!,": ".? "! P "- * * * " " * " * * " '
- L"' ,*'a .**!!* '"- ;"'a"r o?c*"#.L. ...
CCUa'u "'%';;"' ;*"::: *::'s: -,e.
%*C'.*Cl" '"l'",*;.72L'&%"
. . . - . . . . . . September 15, 1978 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, representatives 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.
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 service' 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 conditioas, 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 NR Staff.
T~~~
@& b w/.
SHAW, PITTMAN,' POTTS & TROWBRIDGE 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 by the NRC Staff, and, in almost every instance, employs the exact language proposed by the NRC Staff. Subject to approval by the NRC Staf f and to execution by City officials, CEI would propose to file the enclosed service schedule with FERC as a supplement to the preexisting Agreement of April 17, 1975, between CEI and City; an identical service schedule would be filed as a supplement to the Agreement between CEI and the City of Painesville, if so desired by that munici-pality.
'CEI believes that this offer is a satisfactory response to the Notice of Violation and requests the NRC Staf f to withdraw said Notice of Violation.
Sincerely yours, r- =A -
-A3 A T Wm.-Bradford Reynolds \
Counsel to The Cleveland Electric Illuminating Company Enclosure WBR/clg cc: Donald H. Hauser, Esquire Reuben Goldberg, Esquire i
'- ~
r SERVICE SCHEDULE C TRANSMISSION SZRVICES 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 - DURATICN 1.1 This Service Schedule 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.
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 Rogu.1atory Commission (NRC) in the antitrust proceed-ings associated with the licenses and permits for Davis-Besse l and Perry nuclear units in The Toledo Edison Company, et al.
(Davis-Besse Nuclear Pcwer Station Units 1, 2, and 3) Docket Ncs. 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'<x eliminates antitrust license condition 3 concerning wheeling.
Pending such final decision CEI shall comely-with the appli-cable antitrust cenditions to the Davis-Besse and Perry License, in'the Initial Decision (antitrust) of the NRC s-I
, w Licensing Board dated January 6, 1977. Following such decision's.becoming final, CEI shall cce. ply 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 cr any superseding regulatory authority having jurisdiction and both CEI and City shall have the right at any time to seek unilaterally superseding services, compensation, terms, con-ditions, and rates from such regulatory authority.
SECTIOM 2_- SERVICE PROVIDED 2.1 The service provided hereunder (Transmission Services) shall be the transmission of electric power between delivery (inter-connection) points on The Cleveland Electric Illuminating Com-pany (CEI) transmission system to or from City. The service
-will be 60 Hertz, alternating current and three phase at 139-kv or above. Unless otherwise agreed, the pcwer 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 annual estimate thereof mutually 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.
It isl understood that.the obligation of CEI to transmit powerLforfCity's' account shall be subject to CEI's ability to transmit .and deliver stated power consistent with the L
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 d'elivery to or from City. Nothing herein shall be con-strued es 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-sible 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 1on any particular occasion, CEI is prevented from making or continuing such delivery and service to CEI's retail cus-tomers may be impaired, it shall use all due diligence to
,c
~
remove the cause of disability and shall resume delivery as
- promptly as possible. In the event CEI must reduce wheeling services under this Service Schedule due to CEI's lack of i
capacity, _ such reduction shall not be effected until reduc- 1
- tions of.at least 5%.have been made in CEI's transmission
. allocations to other members of t6e CAPCO' Group, and there-I 1
.s after shall be made-in proportion to reductions imposed
-upon other members of the CAPCO Group.
2.2 ' City by commencing to take Transmission Service 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 governmental bodies having regulatory jurisdiction over services rendered hereunder.
2.3 Transmission Service shall be provided by CEI from time to time, upon (i) written request by City, or by'a duly
-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 transmit from an' interconnection point to an interconnection (delivery)
- point designated pursuant to such Transmission Reservation, power 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 points on CEI's transmission system between which any_
- such power and energy shall be transmitted shall be'desig-nated by mutual agreement between CEI and City when making a Transmission Reservation.
.. . S H2. 4 Subject to the provisions of paragraphs 4.1 and 4.2 of the April 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.
SECTION 3 - COMPENSATION City shall, with respect to transmission 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) $.21 per week if the reservation is for a week or weeks, (b) $.88 per month if the reservation is for a month or months, and (c) S .75 per acndi if the reservation is for a year or years, and (ii) the maximum snount of kilowatts which shall have been reserved.(the Reserved Quantity or Quantities) for each weekly, monthly or annual Reserved Period for transmis-
- - sion from or to_such interconnection point during the Reserved s
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 delivery shall be settled for either by the return of equivalent power and
- *, . - A %_
6-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 4
and shall be as of,the delivery point specified in the appro-priate Transmission Reservation. If equivalent energy is re-turned, i.t 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 City, as will compensate for the difference in condi-tions.
- IN WITNESS WHEREOF, the Parties have caused this Agreement to this Service Schedule C, " Transmission Services", to be executed by their duly authorized officers this day of ,
1978.
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Attest:
By CITY OF CLEVELAND
- Attest:
, By s
e- ,,e,, . y __p. . - ~ . . _ , . ._
- w ;
. e p
. Appendix D r r 8; - ,;~~ < ,
~ - -
z-TRANSMISSION SERVICE TARIFF -
A. Service Provided
- j .
The service provided hereunder (Transmission Service) shall ,
be the transmission of electric power .from-e-supplysag-sessity-by between delivery (interconnection) ooints of The Cleveland Elec-
- _ tric Illuminating Company (CEI) to, f,rgm, between, or among any rural electric cooberatives or municipality 1es located witnin t'he Combined CAPCO (Central Area Pcwer Coordination Group) Company Territories (CCCT) (Customer) . The service will be 60, Hertz, alternating current and three phase.
It is understood that than obligation of CEI to transmit
- power for Customer's account shall be subject to CEI's ability to transmit and deliver stated power consistent with the operation
, of its system under normal and emergency conditions for its own purposes. The availability'of Transmission Service hereunder shall be determined at-the-seie-diseretien-of hv CEI, and the obligation of CEI shall be further limited to Emes during which pcwer'is actually received by CEI for delivery to Customer.
Nothing herein shall be construed as recuirincr CEI to enlaram its facilities to transmit such power When CEI determines that
. Transmission Service is unavailable, it shall promptly orally ,
notify the recuesting party to tnat effect and tne reason (s) there- I for. This shall be confirmed in writing as soon as practicable 1
~~~~ ~'but not later than enree (3) days following tne oral notification. i The written confirmation shall be in sufficient detail to explain I clearly cne capacity constraints upon ene system wnica make I wheeling service unavailable. If, after naving 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..
CEI shall provide Transmission Service within the limits of the capacity of its bulk transmission facilities, and related f acilities -of-whieh-EEE-shail-he-the-seie-judger without undue - - - - ~
interference with service to those interconnected systems 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 Trans-mission Service does not,-sa-the-seie-judgment-of-EEE7 iripose a burden upon the syste. of CEI.
0)
DI 1 0 '9'l v .b.I --I Appendfx D m gr -- --e- y -
+ .
l
-:v . .
I
/ *
-Z-
. The Custcmer by ccamencing to take Transmissien 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 (1) written request by a customer for the reservation of transmission capacity (Transmission Reservation) for a period of not-iess-than-iE-eensecutive-eaiendar-months ene week or loncer, (ii) concurrence in such request by CEI in writing, (111) when nece ssa ry , any recuest or cencurrence relating to the availaellity of transmission service may be made orally and shall me confirmed in writing as soon as cracticable but not later enan ene enird day
~
following the day such oral recuest or concurrence is given, 42227 (iv) tne oxecution and cellvery of a Suppiementai-seneenie Service Agreement as provided-below embodied in the Form of Service Agree-ant attached to this Tariff, tavy (v) filing of sucn sappiementai Schedmie Service Agreement with the Federal Energy Regulatory Commiasion (FERC) or any superseding regulatory authority having
.. jurisdiction and fvf (vi) concurrence by CEI from time to time
--i ---in-the maximum amount reserved and the duration (net-less-than-12
-eens ecutive-esiendar-men ths one week or longer for any single *
,- transmission service) of the service so requested to be reserved.
- - - - - , - - e35-sh a a i- tr an smi t- f rem- an-int e r eenne ctien-pe in t-e s t ab i s sh e d
.. , pursuant-to-such-Supplementai-Scheduler-te-deisvery peint-ei
--; .,greestemerr-pewer-in-an-amount-up-te-but-net-exceeding-the-ameunt - - - - -
,La.t . reserved-nor-the-amount-received-by-eSi-at-the-intereennectien pe in t y- and - th e-e n e r gy-a s soc ia t e d- th er ew i th-iwith - th e - am e en t s - e f
_ power-and-energy-spprepriately 'edius ted-for-lesses-es-specified-
,in-Section-6-hereof;--eEE-shati-transmit pewer-frem-eustomer-te an-intereennectien peine-fdeisvery-peintF-established-pursuant--
t e-s u ch -S u pp iemen t si-Sche d ul e -f o r- th e.- s e ce en t -e !- th e-e u s t e me r- fe r-a-p a tren-o f- the-E us eemer-powe r-in- an- amoun t-up - t o -b u e-n'e e-e x c ee d---
ing- th e- amo un t-r es erved-ner- th e- amo unt- r e c e i v ed -by -eB E - f r em-eus tomer-end-the-energy-asseeinted-- therewith-4with-the-amo un t s---
of-power-and-energy-appropriately-adjusted-for-issses-as-speci-
! sed-in-Section-G-hereefF;---The-intereennectien peint-frem-which any-such pewer-and-energy-sheti-be-transmitted-shali-be-estabiished b y-mu tu al- a g reemen t-be tween-eE E- and-Eus tome r- and-sh a hi-be-s e t---
forth-in-a-Suppiementai-Scheduie7-whieh-shait-asse-eentasn-the a r r a ngeme n t s7- an d- th e-e biig at ion s-wh i eh -e u s t eme r-is- a s s umin g v - in -
eenn ec tien-with- th e-eens truction y-epera tien- an d-ma in ten an e e-e f the-facilities-necessary-te-previde-such-intereennectien-point a n d- s u ch -delive ry-pein e- and-the-s ehe duling -f rem- e ime-to- time-o f transmission-between-such-peintsr E!-t r ansmis s ien-se rvic e s -a re-r eques te d-b y -eu s teme r- f er- any-peried-gidiess-than-in-censecutive-menths7-E53 -eserves-the-reght em D D,l Q .
3s JO n ' ~
D 9'T k ,
Appendix D
.s . JL _a
l
~
, gi 1 se .
3-to-de eiin e-to-pre vide-s u ch-t r ans mis s ien- s e rvi ce s - un de r-th is- S e rvi ce T a fi f f-en d-EEE-shaii-o f fe r-tran s mis s ie n-s e rvi ce s -un de r- a-ee mp e n s a-to ry-cen tra et-o r-s e rvice-t a ri fi-s uhd e e t- to-the-aP? re vai- o f- th e -
, FEREr .
B. Duration This Service Tariff shall become effective 30 days after fil-ing with the FEEC and shall continue in effect for one year, anc' thereafter fer similar periods unless changed, modified, or super- .
. seded. CEI reserves the richt to make a filine with the FERC for termination of service under this earif f. .
l l
This-Service-Tariff-shali-term 2nete cad *:s-o:-ne =eree-and ef fece-en- an d- af t e r-the-d at e-e !- th e-fin ai-de c is s en-e !- eh e-N u cle ar Regulatory-Eemmissien-iNREF-in-the-anestrush-preceedings-asseei- l ate d-wi th- th e-is een se s-an d-pe rmi t s-f o r-th e - B avis-Be s s e -an d- Pe r ry n acie ar- un i ts-in-?h e-?eiede-Edis en-Eeme any v-e t- ai-4 B avi s -Be s s e N u ete ar-P ewe r- S t at s en- En s es - t v- B- an d-3 F 7- Be eh e e-Ne s r- 5 0 -3 4 G Av
. ___ ___ __. _-. 50-600 A7-56=setA-ana-9he-Eseves ane-Eseetrie-skisminatine-Eeemany7 l e t- aiv-iPe r ry-Nucle ar-Pewe r-P a an ey-En s e s-s- an d-e vy- se eke e-H es t--
59-449A7-se-44sar P en din g- s u ch-fin ai-de ci se n- EE E-sh alt- comp t y-with - th e- e p p li----
~~.
eable- anti t rus e-ee n di ti on s-ee- th e-B avis-Be s s e- an d- P e r ry-Ei cen s e s 7 .l in-the-Enitiai-Seession-f antitrusth-e!-the-NRE-hicensing-Beerd l d at e d-dan u ary- 67-1977---Fei sew in g-s uch- de ci s i en i s-b e eess a g- fin air EEE-sh ali-eempiy-wi th-the- an ti t rus t-con di e s en s - e !- s u ch - fin ai decisieny
} _
C. Changes in Charces and Terms and Conditions of Service '
1 This Service Tariff, the services to be rendered, compensa-tion and the terms, conditions, and rates included herein are sub-ject to being superseded, chan'ged, 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 Customer shall have the right at any time to seek unilaterally superseding ser- )
vices, compensation, terms, conditions, and rates from such regu- ~~~ :
, latory authority. 1 l (~ '
D. Compensatien Customer shall, with respect to transmission services which shall be reserved during any period of net-less-than-i3-eensecu--
tive-eaiender-menthe one week or loncer (the Reserved Period) under this Service Tarif f, pay to CEI monthly, an amount calcu- l lated separately for each Transmission Reservation equal to the product of (i) the prorated menthlv rete, S . 72 and- (ii) the i l
l
^
D DJ ,
{ jp l
oT-Q T 3 Appenetx o l 0 I S
_ _ 1 _u u _. i
u m . .. ...... .
_. _ _ , A.
~
4 maximum amount of kilowatts which shall have been reserved (the Reserved Quantity) for transmission from or_ to such intercon- -
nection 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 the interconnection point for which such transmission service shall be so reserved, shall exceed the actual i amount of power and energy received at the receiving point, the -
l excess shall be deemed to be and shall be paid for by Customer as . 1 an unscheduled inadvertent power delivery. Any such excess delivery shall be settled for either by the return of equivalent . ,
power ind 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 deliver'y point specified in the appropriate Suppiementel-Schedule Service Agreement. 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 wh'.ch it is returned was delivered or, if CEI elects l to have equivalent energy returned under different conditions, it shall be returned in such amount, to be agreed upon by CEI and the '
Customer, as will compensate for the dif ference in conditions.
There shall 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 er similar taxes (other than taxes based upon or measured by net income) .
E. Arrangements With Other Svstems If tha requested Transmission Ser9 ice involves transmission ,
directly or indirectly on the facilities of a third utility system, Custemer will make arrangements for use of those f acilities di-rectly with that third system, and CEI shall not be obliged to com=ence transmission service until such arrangements have been made. CEI shall be furnished promptly with copies of all agree- <
ments relating thereto and any arrangements or supplements thereto. l Custcmer expressly agrees to indemnify and save harmless and defend CII against all claims, demands, costs, or eapenses arising i out of providing the Transmission Service, including, without limitation, claims or demands asserted by any supplying utility or any third party in connection with the delivery of pcwer to -
CEI for customer's account. ~ ~ ~ " ' ' ~
F---sissatentaq- -
Per-the-purpose-ed-dispatching 7-GEE-sha i-eake-and-retain titie-ee-she-pewer-and-energy-delivered-to-se-fer-transmission
( until-se-is-deisvered-to-Euscemerv ,
c3 ,
t 9, 1
,e us g-}k
>hL 3 Appendix 0 1
J
~
g . . .
m t
L i
8 F. Losses
~ . -
i
. Subject to the provisions of Section d I and M J hereof, CEI will, in each hour that power is delivered to it .for transmission for (984)Customer's account, transmit and deliver ninety-eight percent of such power (adjusted to the nearest whole W) to delivery point reflects of losses Customer, on the it being CEI system. agreed that 2% of such power fairly .
H g. Billing And Payment "
CEI and paid monthly by Customer. Bills for Transmission Service sha payable ing the bill. within ten forty-five days from the date receipt of 2821-All such bills Any amount due and unpaid after the due date shall be termed cent (1.0%). delinquent and there shall be added interest of one per-one percent (1.0%) For each succeeding thirty day period an additional of the th'en unpaid amount shall be added until the amount is paid in full. EEE-shali-have-the-right-to-diseentinue the-transmission-of-elect mer-shesi-fail-ee-pay-anyric power-to-eustomer-in-the-event-Eusto-wise-v etates-this-Service-Tariff sum-duet-or-in-the-event-Eustomer-ether-r provided-that-EEE-sheti give to-discontinue-the-transmissien-of-electrie powerv--Eust r-shali en Payments-due-hereunder-shall-not-be-subject-to-any-r offset-er-etherwise.
vice in any
-sy
_in interest actually future rate proceeding with the differenceCEI shall credit its test
_ charge and tne amount received of interestapo11 by enat cation of the-11 monthly
' - ~
ploying' the monthly
_the Federal Reserve Bulletinaverage crimerate, interestwould as reported cein calculated bv e l mercial banks, in effect for snort-term business loans cy com- .
penalty. for the monthly ceriod covered bv ene each month, it may be necessary from time to time to tain factors involved in dalculating the monthly billi -
ng. Adj ust-ments for the month for errors following in such the time estimates shall be becomes when information includedavinilthe bill a -
able for thetopreceding make such month corrections or months.or adjustments in the billing i
I E,. l Interruptions Of Transmission Service if and when available, will be furnished exit is understood and ag cept (1) for inter-
- ruptions or reducticas due to forces described in Secti 0 6)0 v A Appendfx 0
, _.. _., -- ,v. '" '
l
~~~
- .e _e - . _ . ...
m ,
l
.. # = i
.g.
of this Sa'rvice Tarif f; (2) for interruptions or reductions due
- ' to a& tion instituted by autcmatic or manual control which results in disconnection for the purpose,of maintaining overall relia-bility and continuity of CEI's transmission system or for the
- . (3) purpose of protecting its generation or transmission f acilities; opinionfor temporary of CEI, interruptions or reductions, which, in the are necessary or desirable for the purpose of maintenance, repairs, replacements, or installation of equipment, .
or investigation and inspection.t-er-44F-for-fes&ure-ef-Euseemer-te-eemply-with-Section-H-ef-this-Gervice guarantee that seriffr CEI does not . .
the Transmissica be free from interruption or impairment Serviceand delivered CEI shall hereunder not be will liable to Customer for damages resulti.sg therefrom. CEI, exceFt in case of emergency as determined by CEI, will give Customer
' reasonable advance notice of pny scheduled temporary interrup-tions or impairment of Transmission Service. Customer will notify CEI's dispatchers of any unscheduled interruption or impairment of Transmission Servi,ce by telephone and confirm such notice in writing on the same date such notice was given. CEI will use dueservice.
or impaired diligence to remove all causes of such interrupted Je I. Force Maieure In case either CEI or Customer should be delayed in or pre-vented from performing or carrying out any of the agreements, .
covenants, and obligations made by and imposed upon said parties .
by this Service Tariff by reason of or through strike, stoppage in labor, riot, failure fire, flood, of ice contractors or suppliers of materials,
. - ~ ,
invasion, civil war, commotion, insur ..
rections, military or usurped power, order of any Court granted .
in any hona fide adverse legal proceedings or action , or of any civil oractmilitary sion, authority either de f acto or de jure, exple-beyond its control and not attributable to its neglect;of then, God or the pub and in such case *or cases other party for or en acco,untsuch party shall not be liable to the of any loss, damage, inj ury or expense resulting from or arising out of such delay or pre-vention; or provided, preventien shall however, use due and that the party suf fering such delay in its judgment, practicable diligence to remove the cause or, causes thereof; and provided, -
further, that neither party shall be required by the foregoing provisicas best to settle a strike except when, according to its own judgment, such settlement seems advisable. -
', Kv J.
Customer's and CEI's Responsibilities
. Customer and CEI will exercise diligence to use and provide the electric service furnished under this Service Tariff wl:n gg p
TW JJ A Appendix 'O 9't q
9
[
j-)
dJ i i
- war me.een .
_ emmaa *
- m. m e
_ _ _ _ - - - - _ _ , - . , _ - . . . . _ . _ . _ , , . _ _ .y , . - - , . - y
3L a
view to securing effici'ency of -customer's- and CEI's apparatus and .
', systems in keeping with generally accepted good opcrating standards, will maintain a power factor as near unity as practicable con-sistant with good engineering practice, will ccordinate ses their rescoctive systems relaying and fusing with-that-e!-EEE '
so as to preclude unnecessary interruptiens, will maintain ses their respective lines at all times in a safe operating condition, will operate their respective lines in such manner as not to ,
interfere with customers the service of either party ei-EEE-to-ses-ether-cuseemersv to whien may adversely affectand will coordinate with-EEE maintenance the operation of EEils their respective facilitiesy.
three phases as nearly as pogsible.and Custeter will use electric service equally frem If CEI shall deem it necessary that voltage regulating equipment, including but not limited to the l structures and devices associated wi.th such equipment, is required, such =quipment shall be provided, owned and maintained by Custcmer.
Customer assumes all responsibility for electricity beyond the point of delivery and CEI shall not be liable for damages to the person or property of Customer or its employees or any other persons the pointresulting of delivery. from the use of presence of electricity beyond h- K. Metering i
!!etering equipment will be supplied, installed, wirad, cwned
' ~
and maintained, calibrated and scaled by CEI. Such meturs shall ,
be of a type selected by CEI. ~ '
1 When metering is at a point other than the delivery point, which would have been recorded if the equipment had been lo at the delivery point. - !
1 The accuracy of the metaring equipment shall be verified by proper test at any time upon reasonable notice given by either t CEI or Customer to the other, and each party shall be entitled to have a representative present at such verification.
The work of testing and adjusting any meter for accuracy !
shall be performed by and at the expense of CEI, provided tha.
such twelvetest is not called for by Customer more of ten than once in months.
If either party shall require more than one veri-ficatien of any meter in any twelve =enth period, and the meter proves to be accurate within two (2) percent plus or minus, the additional requesting it, verification shall be at the expense of the party mm D DJ L l en
~ ,
r m
- - - ~
A l <
, If such equipment is found to be inaccurate by more than
, two (2) percent plus or minus, th.e equipment shall be made .
accurate and the z.ater readings for the p~e riod of inaccuracy
. shall be adjusted to correct such inaccuracies as far as the
~
same can be reasonably ascertained. If the period of inaccuracy cannot be reasonably ascertained, the period of inaccuracy will be deemed to have encompassed one-half of the time period since the last test of the meter.
In the event that CEI's meters fa.j.1 to register properly j during any billing period, the demand and energy quantities will 4
be estimated by CEI from the best available data.
Customer agrees to supp4y, free of ecst, a suitable location for the installation of CEI's r.etering equipment and such other facilities as are required by CEI in its judgment in providing the requested service. Such location shall be in accordance with specifications as supplied by CEI.
Customer gives all necessary permission to enable the agcnts of CEI to carry out the terms and conditions of this rate schedule and construct and maintain its lines and circuits in and at all places required by CEI and owned, leased or controlled 'by ,
Customer. . Customer gives to CEI the right for its duly authorized agents and employees to enter the premises of Customer at all
- reasonable times for the purpose of reading meters, ke' eping in i
repair or removing its property or inspecting its wo:x incident to i
- rendering service under this Service Tariff. .
Other arrangements for ownership, testing, installing .cali- >..:. :
brations may be used as may be mutually agreed to by CEI and Customer. .
My E No Dedicatien Of Facilities Any undertaking by one party to the other under any pro-- ,
vision of this Service Tariff shall not constitute the dedicatica of the system or any portion thereof of any party to the public or to the other party, and it is understood and agreed that any such undertaking by any party shall cease upon termination of j this Service Tariff. -
. i D
Db t
Appendix 0
. , , , . , .e.a ..mim.- w. ow- =* * *
+ - ,- , . - , , , , . , - , - .
--.,.-.,y,-
, g S.
. FO> 4 CT SERVICE AGREEMENT o
This Agreeme ade and entered into this day of
, , 19 by and between The Cleveland Electric Illuminating Company (CETT and '
(Customer).
- - - - - ' ~
WITNESSETH
- That in consideration of the mutual covenants and agreements herein contained, the parties here~to covenant and agree with each other as follows:
s
! CEI shall provide transniission service in accordance with the terms and conditions of CEI's FERC Transmission Service '
, Tariff as the same may be amended fr'm e time to time and in accordance with the specifications set forth on attached Exhibit (s)
A and Exhibit (s) 3.
In Witness Whereof, CEI and Customer have caused this Service Agreement to be executed in duplicate in their names by their respective duly authorized officials, as of the day and year first above written. '
~- ' '
Attest:
Name of Cus:cmer Sy' Approved:
- THC CLEVELAND ELECTRIC
= ILLUMINATING CC!:PANY By mom D
o1i D I
~
S~%~T
~
k v a Appendix 0
,_.cs - - y ,
s s
=
~
' EXHIBI'bA
, POINT OF RECEIPT AND SERVICE SPECIFICATICNS .
. l.- Name of Customer: -- - --- - -- -
- 2. Location of point of reccf ner --
- 3. Description of electricity:
Electricity received from supplying utility (Customer) will be three phase, wires, alternating current of.approximately 60 Hertz *, ac a nominal voltage of volts. .
- 4. Demand reservation: KW
- 5. Metered voltage:'
- 6. Location of meter:
- 7. Effective date:
- 8. Reservation period: , 19 to i
, 19 .
l
~
- 9. Provisions for special facilities
- or conditions:
l In Witness Whereof, CEI and Customer have each caused this !
Exhibit A to Service Agreement for Provision of Transmission Se.
vice, dated
, 19 , to be executed in their names day of by their respective duly authorized officials on this. i
, 19 . ,
1
- \
THE CLEVELAND ELECTRIC -
ILLUMINATING'CCMPANY- -
Name or Customer ;
I Sy By on 4 D DJ .
Ov Appendix D
, _ _ , _ , * - . _ . . , . . , , , - - - . , , . . . . _ ,,,g. , - 3 ,.9 #, _. ,.
, , g w
_ 11 EXHIBIT 3 -
~
DELIVERY POINT AND. SERVICE SPECIFICATIONS
-- I-- 1. .Name of Customer: -
~~
2 Location of point of delivery _ _ . ,
3.
Description of electricity: .
Electricity delivered by CEI will be three phase, wires, alt'einating current of approximately 60 ~
Hertz, at a nominal voltage of volts, for an esti-mated demand of KW,
- 4. Metered voltage: -
- 5. Location'of meter: -
. .. . ... . ~ - -
.. - L.. Eff ective date : *
" ' ' ' ' - ' - ~ ~
.. _ .._ .__.. 7 _.. Provisions for special facilities or conditions: "~~~~
.. In Witness Whereof, CEI and Customer have each caused this Exhibit vice, dated B to Service Agreement for Provision of Transmission Ser-
, 19 names by their respective duly authorized to be exec.uted officials on in thei.:
this . _ _ . .
day of , 19 .
THE CLEVELAND ELECTRIC ~-
ILLUMINATING CCMPANY ~ ~~
, Name of Customer By By m
DO m)
D o.v 3.1 mpg- -
Appendix D
. - J e-y w . - - - - - -
l
~
_A_coendix E TRANSMISSION SERVICE TARIFF
~~~ . _ . . . . . . ..
, (ASAENDED 1 3Y ORDER OF NRC STAFF) g ._.._.Seriice Provided The'Arvice provided hereunder (Transmission Service) shall be the transmission of electric power between delivery and finterconnection-)-
points of The C electric entity {eveland Electric Iluminating Canpany TCEI) for any (Customer) to r-feem,-between-ee-among-rura+-e+eeli4*e--
seepera44ves-en-mwn4e+pa4444ee located within the Combined CAPC0 (Central .
Area Power Coordination Group) Company Territories (CCCT) (Gustomer). The service will be 60 Hertz, alternating current and three phase.
.It..is understood that the obligation of CEI to transmit power for Customer's account shall be subject to CEI's ability to transmit and deliver stated, power consistent with the operation of its system under nomal and ,_._
emergency. conditions for its own purposes. The availability of Transmissi.on __ ... ' ' _
_. -Service-hereunder shall be detemined by CEI, and the obligation of CEI shall be further limited to times during which power is actually received by CEI
- - for delivery u for Custaner, Nothing herein shall be construed as requiring _ . _ . . _ . .
CEI to enlarge its facilities to transmit such power. When CEI detemines -
--that Transmission Service is unavailable, it shall promptly orally _ notify _the._. . _
- .----requestintparty to that effect and the reason (s) therefor.- Thh chal t be. _.
-confirmed--in writing as soon as practicable but not later than three (3) days following the oral notification. The written confimation shall be in sufficient detail to explain clearly the capacity constraints upon the system which make wheeling service unavailable 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 disabi-1111ty and shall resune delivery as promptly^ as possible.
i
- ~ '
T:' Mditions are underlined,. deletions are dashed out.
2 Electric entity means any electric generation and or distribution Js stem or municloality or cocoerative with a staturory rignt or cri-
_ vitese to eneace- in ettaer of,these funct. ions. --
Acpendix E 1H 1m IS1 _a w w e me -- -
w-- - +e--
CEI shall provide Transmission Service within the limits of the -
capacity of its bulk transmission facilities, and related facilities, without undue interference with service to those interconected systems the operations of which are conducted, in whole or in part, pursuant to the provisions of an agreement with CEI, 4nehd4ag exceot other members of .__
the CAPCO Sroup, and to the extent that such Transmssion Service does not impose a burden upon the system of CEI. In the event that CEI must limit or reduce wheeling services under this Service Senecule cue to CEI's lack of transmission capac1ty,. sucn reouction snall not ce effected until reductions of at least 51 have been made in CEI's transmission allocations to other memoers of the CAPCO Grouo, and thereafter shall be made in procortion to reouctions imoosed uoon otner memoers of the CAPCO Group.
The Customer by connancing to take Transmission Service frem CEI agrees to take and pay for, and CEI by connencing to furnish such Service agreeds 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 i servicas rendered hereunder .
Transmission Service shall be provided by CEI Nem ti e to time, upon (i) written request by a Customer for the reservation of transmission capacity (Transmission Reservation) for a period of one week or longer, -
l (ii) concurrence in such request by CEI in writing, (iti) when necessary, -
any request or concurrence relating to the availability of transmission '
service may be made orally and shall be confirmed in writing as soon as
- practicable but not la'ter than the third day following the day such oral request or concurrence is given, (iv) the execution and delivery of a
- Service Agreement as embodied in the Form of Service Agreement . attached to -
this Tariff, (v) filing of such Service Agreement with the Federal . .
Energy Regulatory Canmission (FERC) or any superseding regulatory authority having jurisdiction and (vi) concurrence by CEI from time to time in the maximum amount reserved and the duration (one week or longer for any single transmission service) of~ the service so requested to be reserved.
B. Otration This Service Tariff shall become effective 30 days after ffling-with the FERC and shall continue in effect for one year, and thereafter for similar pericds unless changed,. modified, or superseded. CEI reserves the right to make a filing with the FERC for ternination of seiHrice under ~ ~
this tariff.
Appendix E l
0 D
o1 JL
. . _.]
l
. - = - - - * .
~ ~ ~
i
s
-3 C. Changes in Charces and Terms and Conditions of Service I
This Service Tariff, the Services to be rendered, cmpensation and the !
- terms, conditions, and rates included herein are subject to being superseded, l
- 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 regul u ry authority having jurisdiction and both CEI and !
Customer shall haw the right at any time to seek unilaterally super- !
seding-services, compensation, terms, conditions, and rates from such regulatory authority. .
O. Comcensation Custmer shall, with respect to transmission service which shall be reserved during any period of one week or longer (the Reserved Period) .
under this Service Tariff, pay to CEI monthly, an amount calculated separately for each Transmission Reservation equal to the product of (1) the prorated monthly rate, S.72 and (ii) the maximum amount of kilowatts which shall have been reserved (the Reserved Quantity) for transmission from or to such intercennection 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 the interconnection point for which such transmission service shall be
- so reserved, shall exceed the actual amount of pcwer 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 cmpensate CEI for costs incurred that would otherwise not have been incurred and shall be as of the delivery point specified in the appropriate Service Agreement. 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 Customer,
' as will compensate for the differene in conditions. There shall be added to any amount calculated pursuant to.any of the foregoing provisions of this Section an amount in do1 Tars sufficient to reimburse CEI for any amount paid or payable by it as sales, excise or similar taxes (other than taxes based upon or measured by net income).
Appendix E D D uc ~
mc hg 'Q'}L }]., a e-
~
E. Arrangements With Other Systems IftherequestedTransmissionServiceinvolvestransmissioE directly or indirectly on the facilities of a third utility system, Customer will make arrangements for use of. those facilities directly with that third sysianr, and CEI shall not be obliged to commence transmission service until such arrangements have been made. CEI shall be furnished promptly with copies of all agreements relating thereto and any arrange-ments or supplements thereto. Customer expressly agrees to indemnify and save harmless and defend CEI against all claims, demands, costs, or expenses arising out of providing the Transmission Service, including, without limitation, claims or demands asserted by any supplying utility or any third party in connection with the delivery cf power to CEI for Customer's account.
F. Losses ,
1 Subject to the provisions of Section I and J hereof, 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 W) to delivery point of Customer, it being agreed that 2% of such power fairly reflects losses on the CEI system.
. 'l 1
G. Billing And Payment '
l
. a. :
. Bills for Transmission Service shall be rendered monthly by CEI and .. '~ '
l paid monthly by Customer. All such bills shall be due and payable within l fourty-five days from the receipt of the bill. Any amount due and unpaid !
after the due date shall be termed delinquent and there shall be added interest of one percent (1.0%). For each succeeding thirty day period an additional one percent (1.0%) of the then unpaid amount shall be added until the amount is paid in full. CEI shall credit its test year cost j of service in any future rate proceeding with the difference in interest. ,
I actually received by application of the 1% monthly charge and the amount of :
interest that would be calculated by employing the monthly average prime interest rate, as reported in the Federal Reserve Bulletin for short-term l business loans by commstreial banks, in effect for the monthly period covered l by the penalty.
Appendix E !
D *M m
QQY \
g qq -
1
. - 2 l
l .
I I
'In order that bills may be rendered promptly after the end of each month, it may be necessary from time to time to estimate certain factors
- involved in calculating the monthly billing. Adjustments for errors in such estimates shall be included in the bill for the month following the time when infomation becomes available to make such corrections or adjust-ments in the billing for the preceding month or months.
,/ .
H. Interruptions- Of Transmission Service It' is understood and agreed that the Transmission Service, if and when available, will be furnished except (1) for interrruptions or reductions due to forces described in Section I of this, Service Tariff;
(.2) for interruptions or reductions due to action instituted by automatic or manual control which results in disconnection for the purpose of main-taining overall reliability and continuity of CEI's transmission system or for the purpose of protecting its generation or transmission facilities;
~ (3) for temporary interruptions or reductions, which, in the opinion of CEI, are necessary or desirable for the purpose of maintenance, repairs, replacements, or installation of equipment, or investigation and inspection.
CEI does not guarantee that the Transmission Service delivered hereunder will be free from interruption or impainnent and CEI shall not be-liable .
~
to Customer for damages resulting therefrom. CEI, except.in case of emergency as determined by CEI, will give Customer reasonable advance -
notice of any scheduled tamporary interruptions or impainnent of Trans-mission Service. Customer will. notify CEI's dispatchers of any_ unsched_uled interruption or impainnent of Transmission Service by telephone and confirm such notice in writing on the same date such notice was given. .
CEI will use due diligence to remove all causes of such interrupted or- - - -
impaired service.
I. Force Majeure In case either CEI or Customer should be delayed in or pervented from performing or carrying out any of the agreements, covenants, and obligations made by and imposed upon said parties by this Service Tariff by reason cf or through strike, stoppage in labor, failure of contractors or supolf ers or materials, riot, fire, flood, ice, invasion, civil war, connotion, insurrections, military or usurped power, order of any Court l
i granted in any bona fide adverse legal proceedings or action, or of any civil or military authority either de facto or de jure, explosion, act of God or the public enemies, or any cause reasonably beyond its control and not attributable to its neglect; then, and in such case or cases, such Appendix E din& g D) l!
1HE - -,+ -
party shall not be liable to the other party for or on account of any loss, damage, injury or expense resulting frem or arising out of such delay or prevention; provided, hcwever, that the party suffering such delay or prevention shall use due and, in its .fudgment, practicable that neither party shall be required by the foregoing provisions to er, settle a strike except when, according to its own best judgment, such settlement seems advisable.
t J. Customer's and CEI's Resconsibilities .E - -
Custaner and CEI will exercise diligence to use and provide the electric service furnished under this Service Tariff with a view to securing efficiency of Customer's and CEI's apparatus and systems in keeping with generally accepted good operating standards, will maintain a power factor as near unity as practicable consistent with good engineering practice will coordinate their respective systems relaying and fusing so as to preclude unnecessary interruptions, will maintain their respective lines at all times in a safe aparating condition, will operate their .
respective lines in such manner as not to interfere with the service to custcmers of either party and will coordinate maintenance which may adversely affect the operation of their respective facilities. Customer will use electric service equally from three phases as nearly as possible. ~~
IF CEI shall deem it necessary that voltage regulating equipment, including - -
but not limited to the structures and devices associated with such- equip- * .
ment, is required, such equipment shall be provided, owned and maintained by Customer. -
I
_ i
~
. .T Customer assumes all responsibility for electricil:y beyond-the point of delivery and CEI shall not be liable for damages to the person or property of Customer or its employees or any other persons resulting from the use of presence of electricity beyond the point of delivery.
K. Metering Metering equipment will be supplied, installed, wired, owned and maintained, es11brated and scaled by CEI. Such meters shall be of a type selected by CEI.
When metering is at a poinc other than the delivery point, the metering equipment shall be canpensated to register values, which would have point.
been recorded if the equipment had been located at the delivery I Appendix E D k aSk
^ p 9 '[ -
3 1 I.J].1
_a l
~
The accuracy of the metering equipmert shall be verified by proper' test at any time upon reasonable notice given by either CEI or Customer to the other, and each party sha.ll be entitled to have a representative present at such verificatix.
The work of testing and adjusting any meter for accuracy shall be perfonned by and at the expense of CEI, provided that such test is not called for by Customer more often than once in twelve months. If either party shall require more thart one verification of any meter in any twelve.
month period, and the meter proves to be accurate within two (2) percent plus or minus, the additional verification shall be at the expense of the party requesting it.
If such equipment is found to be inaccurate by more than twc (2) percent plus or minus, the equipment shall be made accurate and the meter readings for the period of inaccuracy shall bat adjusted to correct such inaccuracies as far as the same can be reasonably ascertained. If the period of inaccuracy cannot be reasonably ascertained, the the period of inaccuracy will be deemed to have encompassed one-half of the time period since the last test of the meter.
In the event that CEI's meters fail to register properly during any billing period, the demand and energy quantities will be estimated by CEI - ~
from the best available data. -
Customer agrees to supply, free of cost, a suitable location for the installation of CEI's metering equipmer;t and such other facilities as are required by CEI in its judgment in providing the requested service." Such ~ ~ '
location shall be in accordance with specifications as supplied by CEI.
Customer gives all necessary pennission to enable the agents of CEI to carry out the tenns and conditions of this rate schedule and construct and maintain its lines and circuits in and at all places required by CEI and owned, leased or controlled by Customer. Customer gives to CEI the right for its duly authorized agents and employees to enter the premises of Custemer at all reasonable times for the purpose of reading meters, keeping in repair or removing its property or inspecting its work incident to rendering service under this Service Tariff.,
Other arrangements for ownership, testing, installing calibrations may be used as may be mutually agreed to by CEI and Custcmer.
Appendix E D* M
~ Qv I l
i H:]:HL
- . , - - -w ,--
z L. No Dedication Of Facilities Any undertaking by one party to the other under any provision of this Service Tariff shall not constitute the dedication of the system or any portion thereof of any party to the public or to the other party, and it is understood and agreed that any such undertaking by any party shall cease upon termination of this Service Tariff.
t Appendix E III IH1L m +-w ,
s FORM OF SERVICE AGREEMENT This Agreement made and entered into this day of ,
19_, by and between The Cleveland Electric Illuminating Company (CEI) ano (Custcmer) .
,. WITNESSETH That in consideration of the mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as folicws:
CEI shall provide transmission service in accordanc'e with the terms and conditions of CEI's FERC Transmission Service Tariff as the same may be amended from time to time and in accordar.ce with the specifications set forth on attached Exhibit (s) A and Exhibits (s) B.
In Witness Whereof, CEI and Customer have caused this Service Agreement to be executed in duplicate in their names by their respective duly authorized officials, as of the day and year first above written.
Attest:
Name of Customer By Approved: THE CLEVELAND ELECTRIC ILLUMNATING CCMPANY By Appendix E M
ak1 D
1HLL
)
EXHIBIT A POINT OF RECEIPT AND SERVICE SPECIFICATICNS
~
T. Name of Custcmer:
- 2. Location of point of receipt:
- 3. Description of electricity: . -
Electricity received from supplying utility (Customer) will be three phase, wires, alternating current of approximately f
60 Hertz, at a nominal voltage of volts.
- 4. Demand reservation: K'd
- 5. Metered volt' age:
- 6. Location of meter:
- 7. Effective date:
- 8. Reservation period: , 19 to ,
19 .
i
- 9. Provisions for special facilities or conditions:
In Witness Whereof, CEI and Customer have each caused this Exhibit A to 1 Service Agreement for Provision of Transmission Service, dated 19 ,
, to be executed in their' names by their respective dul-y autnorizeo officials on tnis day of , 19 _.
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Name of Customer By By D M vvI Appendix E
. 3 w - --,,y . - . - - - - - ,_w,,. -------y_e--,-- y- --y y
11 EXHIBIT 3 DELIVERY POINT AND SERVICE SPECIFICATIONS
- 1. Name of Customer: - - - - - - - -
- 2. Location of point of delivery:
~ 3. Description of electricity: .
Electricity delivered by CEI will be three phase, wires, alternating current of approximately 50 Hertz, at a nominal voltage of volts,for an estimated demand of 104.
- 4. Metered voltage:
~~ ~
~5. L3 cation of meter:
..--.- ~- - - ~ - -
... - ._ ~ - -
- ~ - .~ .
~ 6.~ Effective date:
- ~~ ~~ ~' .... ___ __.
~~7 ~. Provisions for special facilities or conditions:
In Witness Whereof, CEI and Customer have each caused this Exhibit B to Service Agreement for Provision of Transmission Service, dated ,
19_, to be executed in their names by their respective duly autnorizeo officials on this day of ,
19 _. .
~ ._ _ _
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY Name of Customer -
By ~ Sy Appendix E D*TE al$ - .
.S.A_ _a
___--___.__.m , , _ _ __ _ .--_v y__ .y- , , , .,_m., , ,_ _