ML20138N640

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Forwards Revised Info for Antitrust Review for Ol,Updating Response to Questions in Reg Guide 9.3
ML20138N640
Person / Time
Site: Beaver Valley
Issue date: 10/24/1985
From: Carey J
DUQUESNE LIGHT CO.
To: Harold Denton
Office of Nuclear Reactor Regulation
References
RTR-REGGD-09.003, RTR-REGGD-9.003 2NRC-5-142, TAC-63569, NUDOCS 8511050266
Download: ML20138N640 (234)


Text

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% "%F DuquesneLisfit ,33gg2 2

%5?lR5": AL.~  ?; 0 0I ? 555 United States Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Mr. Harold R. Denton Office of Nuclear Reactor Regulation

SUBJECT:

Beaver Valley Power Station - Unit No. 2 Docket No. 50-412 Updated Information for Antitrust Review for Operating License

REFERENCE:

(a) 2NRC-2-045, dated December 15, 1982 (b) letter to J. J. Carey from Donald P. Cleary, dated July 9, 1985 Gentlemen:

Duquesne Light Company, acting on its own behalf and as agent for Ohio Edison Company, The Cleveland Electric Illuminating Company, and The n Toledo Edison Company, is filing herewith three (3) signed originals and t~) twenty (20) copies of Revision 1 to the "Information for Antitrust Review for Operating License" for the Beaver Valley Power Station - Unit No. 2 ( Attach-ment 1).

This submittal updates the responses to the questions in U.S. NRC Regulatory Guide 9.3 as applicable to the above-named companies as requested in Reference (b) above.

Please complete the attached Receipt of Acknowledgement Fonn (Attach-ment 2), and return it to the address identified on the form. If pu should have any questions, please call Mr. T. J. Zog1mann at (412) 787-5141.

DUQUESNE LI HT COMPANY By Pre et TJZ/wjs Attachments cc: Mr. B. K. Singh, Project Manager (w/o)

Mr. D. Cleary, NRC (w/o) 7

("X Mr. W. Lambe, NRC (w/o) 1 O' y 1

8511050266 851024 2 DR ADOCK 050

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M \ 85 , 10 , 25 l 141 l l l 2NCD-054 71

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a N CONTROLLED DOClJMENT TRANSMITTAL 015' O.C.P. Gust pacc ,

o aucutsNE UGHT COMPANY 130 0.F.E. FOR: C INFORMATION ONLY l 3 NUCLEAP COP *STRUCTION Olvl510N 103 l C.O. C HISTORICAL FILE O

DOCUMENT REVISION NO. DOCUMENT -

DESCRIPTION NUMeER ORDATE SUPERSEDED i

ANTITRUST REVIEW  !

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N/A 10-17-85 N/A UPDATE TO ANTITRUST REVIEW OF OPERATING ,

LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS. i, t

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l NOTE: PLEASE INDICATE YOUR CONTROL COPY NO, SIGN, DATE AND RETURN TO THE ADDRESS BtLOW.  ;

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b v .

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f CONTROL COPY NO.

f NAME AND LOCATION OF MANUAL HOLDER:

I This document is to be returned wethen 15 days of ressept, to: Duquesne Light Company l Robinson Plasa Building No. 2 f

Suite 210 A

NOTE: W h M h A ME CONTRO SUPERVISOR removed from your files and destroyed.

lasued By M 'd- *^-M- 3 ROMANO

$e "IS' SE i

O Date:

The above listed documents were rossived in good condition and superseded documents have been voided or destroyed.

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Received by: Date:

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-Application for an Operating License for i Beaver Valley Power Station - Unit No. 2 INFORMATION REQUESTED BY THE NUCLEAR REGULATORY COMMISSION FOR ANTITRUST REVIEW ANSWERS OF THE DUQUESNE LIGHT COMPANY A((lpA111 STATE OF PENNSYLVANIA )

COUNTY OF

  • On 7 A[cJ/, A7f, before me, a Notary Public in and for the State and County aforesaid, ' personally appeared Mr. J. J. Carey, who, af ter being duly sworn according to law, deposed and said that he is Vice President -

Nuclear Group of DUQUESNE LIGHT COMPANY, a corporation; that in such capacity he is authorized to make this Affidavit; and that the within Answers of DUQUESNE LIGHT COMPANY to the Information Requested by the Attorney General for Antitrust Review are true and correct to the best of his knowledge, information, and belief.

J. J. E f y Nuc(lear GroupVic f resident Sworn to and subscribed before me the day and year aforesaid, t L. -

Notary Public c ANITA ELAINE REITER, NOTARY PUBLIC ROBINSON TOWNSHIP, ALLEGHENY COUNTY MY COMMISSION EXPIRES OCTOBER 20,1986 0 .

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DUQUESNE LIGHT COMPANY l Nuclear Resulttory Commission (10CFR Part 50)

Licensing of Production and Utilization Facilities BRAVER VALLEY UNIT No. 2 l

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O Information Needed by the Nuclear Resu1 story Co d esion for Antitrust Review of Operating License Applications for Nuclear Power Plants as detailed in Reaulatory Guide 9.3 i

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. . . . _ _ _ _ _ - - _ - _ _- _ _ = _ _ _ _ _ - - -

~1-Response o$ Duquesne Light Company to Regulatory Guide 9.3 B. Information Needed by the NRC Staff in Connection with Its Antitrust Review of Operating License Appications for Nuclear Power Plants.

Item 1.s -

Anticipated Excess of Shortage in Generating Capacity Resources Not Expected at the Construction Permit Stage During 1972, application for a construction permit was made for Beaver Valley Unic No. 2. Following were the OPEC oil embargo, as well as a period of economic uncertainty which still continues. This economic uncertainty, coupled with unexpected energy conservation, resulted in lower growth in electric peak loads and energy consumption than forecasted in the early and middle seventies. Ensuing forecasts of peak loads and energy consumption were revised downward, and starting in the middle seventies, the CAPCO Companies (Duquesne Light Company, The Cleveland Electric Illuminating Company, Ohio Edison Company, Pennsylvania Power Company, and The Toledo Edison Company) made several reviews and revisions of the construction schedules for future CAPCO generating capacity.

In January 1980, a major revision in the CAPCO construction schedule was made. The CAPCO Companies decided to cancel four planned nuclear generating units (Davis-Besse Units Nos. 2 and 3 and Erie Units Nos. I and 2) and delay completion of Beaver Valley No. 2 and Perry Units Nos. 1 and 2 for 12 to 36 months. Growing political and regulatory uncertainties affecting the future of nuclear power resulting from the Three Mile Island accident, financial O censtraines and reduced need for future caPacier were the Pri arr reasens fer l the decision.

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Additionally, as will be discussed in Item 1.b, in September 1980, the CAPC0 0 Companies agreed to a termination of certain agreements, including the Memorandum of Understanding, that resulted in the discontinuation of joint planning among the CAPCO Companies with respect to future generating capacity.

r The national economic recession of the early 1980's hit the Pittsburgh j District hard in the spring of 1982. Output of the basic steel industry and t related industries turned downward as did their use of electric power and energy supplied by Duquesne Light Company, hereafter referred to as Duquesne.

Industrial customers decreased demand on the Duqueane systna approximately F 500 W during 1982. A portion of this industrial load returned during periods of 1983 and 1984. During the same period, 1982-1985, sales to other utilities by Duquesne increased dramatically. The affect of both theae  :

i changes can be seen in the table presented on page 3.

h The projected capability changes for Duquesne for the period 1984 through l 1991 are shown in Table 1. The total generating capacity at the beginning of i 1984 was 3,173 W NDC (not demonstrated capability - winte.r rating). The major capability changes projected for Duquesne are: the completion of Perry Unit No.1 on or about July 1986, Beaver Valley Unit NJ. 2 on or about December 1987 and Perry Unit No. 2 on or about December 1990, for increases in NDC of 165 W,114 W and 165 W, respectively. The resulting total NDC j capability for Duquesne at the beginning of 1991 is 3,574 W. Duquesne has not committed to any generating capacity additions beyond 1991.

I Changes in Duquesne generating capacity have been made since the antitrust review at the construction permit stage. One of these changes was the 1

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reordering of the sequence for completion of the three nuclear units now under construction; from Beaver Valley Unit No. 2 followed by Perry Units Nos. I and 2, to the present order, Perry Unit No.1, Beaver Valley Unit No.

2 and Perry Unit No. 2. Another change was the construction of a third 800 W class coal unit at the Mansfield Power Plant located near the Beaver Valley Plant. Also, raratings of most generating units were made in ,early 1980 based on newly adopted ECAR (East Central Area Reliability Coordination Agreement) generating unit racing criteria. The final change was the shutdown of Shippingport Atomic Plant by the U.S. Department of Energy on October 1,1982, for decomeissioning.

In light of the above discussion, the analysis of the anticipated excess or shortage in generating capacity resources for Duquesne will be based on the current outlook on forecasted load growth and on projected capability changes.

The latest annual peak load and energy forecasts for Duquesne are shown in Table 2 for the period 1985 through 1995. The peak load is projected to occur each year durios the month of July. The actual 1981-1985 system conditions, including off-system sales were as follows:

Off System Sales Peak Annual Net System Summer At Generation At Generation Energy For Peak Load Peak Load Hour Peak Load Hour During Year Internal Load Year (W) (W) (W) (W) (GWH/Yr.)

1981 2,522 (338) 2,184 2,500 14,324 1982 2,031 273 2,304 2,428 11,662 1983 2,184 153 2,337 2,337 11,736 1984 2,172 246 2.418 2,532 12,180 2,430 2,589* **

1985 2,127 303

  • As of September 15, 1985
    • Year not over

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() The system peak load is forecasted to grow to 2,330 MW by 1991 with the annual net energy for internal load to be 13,200 million KWH. And, the system peak-load is forecasted to grow to 2,560 MW by 1995 with annual net energy for internal load to be 14,080 million KWH.

The projected installed capacity for supplying the forecasted system peak i

' loads is also shown on Table 2. Even though the installed capacity exceeds the peak load by a given amount, on a probability basis, a deficiency in generating capacity can occur at any time during the year due to randon unit-forced outages occurring. These deficiencies can be in varying amounts, from one NW up to 1000 MW, and will cause a dependence on outside generating capacity resources. An estimate of such dependence on outside resources in i days per year is shown in Table 2 for tae Duqu'esne system. This projected dependence on outsida resources varies from a maximum of 1.4 days in 1986, the year Ferry Unit No. I will be commercial, to a minimum of 0.2 days in 1988, the first full year Beaver Valley Unic No. 2 will be commercial. Also shown in Table 2 is the estimated maximum amount of purchased power required periodically to reduce this dependence on outside resources to 0.1 and 1.0 day per year levels. The purchases required to reduce such dependence on outside resources to either a 0.1 or a 1.0 day per year level is now generally in amounts of no more than 300 MW and 50 MW, respectively.

Duquesne espects that purchases will be available over the interconnections in the amounts required and when needed so that major load curtailment will not be necessary. The analysis presented in Table 2 and discussed above does not include the effects on reliability by potential power sales to other utilities as Duquesne was able to make during the 1982-1985 period.

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comparison between the forecasted system summer and winter peak loads and the projected installed generating capacity during these periods is made in Table '
1. Also shown in Table 1 is the projected installed capacity reserve on peak, both in W and percent. After 1985, the smallest reserve on sunener peak is projected at 1,014 W or 31.5% of the projected generating capability and 45.9% of the forecasted summer peak load for 1987, prior to commercial operation of Beaver Valley Unit No. 2. The largest reserve on summer peak is projected at 1,149 W or 33.0% of the projected generating capability and 49.3% of the forecasted summer peak load for 1991, following the commercial operation date for Perry Unit No. 2. The analysis shown in Table 1 and dis-cussed above does not include the effects on reserve by potential power sales to other utilities as Duquesne was able to make during the 1982-1985 period.

O teen t.h - ew Power Pools or Coordinatin. croups or Chan.es in structure.

Activities, Policies, Practices or Membership of Power Pools or Coordinating Groups, in which the licensee was, is or will be a Participant.

In January 1980, fundamental changes in the CAPCO arrangements, were made which affected both the capacity planning and operating procedures.

Joint capacity planning and commitments for jointly owned generating units as has been practiced in the past implies an ability on the part of each Party to finance and provide its share of capital funds associated with a joint construction program. Prior to 1979, each of the CAPCO Parties, at one time or another, experienced considerable difficulty in financing on a reasonable basis its portion of the total requirements so that program adjustments were necessary as an accoesnodation.

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In the latter part of 1979 and early 1980, the financing problem became more critical requiring further substantial adjustments, including cancellation of four units,,in the generating capacity program. To minimize the problem in the future the CAPCO Companies agreed in January 1980 to abandon the "one system" concept applicable to future capacity planning and authorization of additonal generating units, so that each Party is now responsible for establishing its own level of reserve, as well as to determine its own generating capacity program beyond those jointly owned generating units now under construction. Future joint construction would be possible through negotiations between two or more parties, but not under the CAPCO concepts.

Consistent with the above described changes, changes in the Operating Agreement were made. Since each Party would now determine its own level of

. reserve generating capacity, the previous capacity adjustments among the Parties associated with the CAPCO Buy / Sells were eliminated se no longer appropriate. This previous arrangement entitled each Party to utilize as required the full amount of emergency capacity and energy available within the Pool, and further provided that such capacity would be made available at no capacity charge with the energy being banked. Here again, allowing each Party to establish its own level of reserve made this prior arrangement inequitable. As a result, the obligation to supply emergency capacity and energy was modified and the banking of energy was eliminated.

The revised Operating Agreement provides two forms of emergency capacity and energy identified collectively as CAPCO Back-Up Power. The first, identified as CAPCO Unit Back-Up Power, provides that in the event of the forced or 4 scheduled outage of any CAPCO jointly owned generating unit in commercial 1

operation,'each party agreas to provide or shall have the right to receive, as the case may be, CAPCO Unit Ba_ck-Up Power, in the amount equal to the difference between such Party's ownership share in the CAPCO unit out of service and a value determined by multiplying the capability of the CAPCO unit out of service by the percentage ownership share of such party of all of the CAPCO jointly owned generating units in commercial operation.

The second, identified as CAPCO System Back-Up Power, provided that in the event any party, af ter giving effect to CAPCO Unit Back-Up Power, required

' additional capacity, such Party shall be entitled to receive CAPCO System Back-Up Power up to 100 MW from each of the other CAPCO Parties. The provisions relating to CAPCO System Back-Up Power were scheduled to terminate on August 31, 1982, unless extended. A review of this provision at that time resulted in the Parties agreeing not to extend these provisions and in lieu

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thereof, agreed to broeden the rights and obligations of the parties relating to the delivery of Emergency Power under the Basic Operating Agreement. Upon request, each party is now obligated to only deliver Emergency Power up to 100 MW for a period not exceeding 48 consecutive hours. The CAPCO Unit Back-Up Power provision of the Basic Operating Agreement, as Amended September 1,1980, remains in effect. However, associated with CAPCO Back-Up Power now is a daily capacity charge in addition to appropriate charges for energy.

i Item 1.c.(1) - Changes in Transmission With Respece to the Beaver Valley Plant

() Since the completion of the antitrust review at the construction permit stage for Beaver Valley Unit No. 2, a decision has been made to make two changes to i

the transmission arrangements in the area of the Beaver Valley and Mansfield O Power Plants. These transmission rearrangements will be required with the cut in of Beaver Valley Unit No. 2 at the end of 1987 as the fif th unit in the Beaver Valley-Mansfield complex, as opposed to being the fourth and last unit as proposed at the time of the antitrust review at the construction permit stage.

The Beaver Valley Power Station is operated by Duquesne Light Company. The Mansfield Power Station is operated by Pennsylvania Power Company, a wholly owned subsidiary of Ohio Edison company. These two power plants are interconneced by the Beaver Valley-Mansfield 345 kV circuit, having a length of less than two 4 'as. The existing Mansfield-Hanna 345 kV transmission circuit, which extends from the Mansfield Power Station to Beaver Valley where it crosses the Ohio River and continues onward to the Henna Substation

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of Ohio Edison Company, will be cut an'd 1 coped into the 345 kV substation at Beaver Valley. This rearrangement will create both a Beaver Valley-Hanna and a second Beaver Valley-Mansfield 345 kV circuit. The direct connection between the Mansfield Power Plant and the Hanna Subs'tation will be eliminated.

The filing for the construction permit only indicated a Beaver Valley-Hanna 345 kV circuit addition. The need for a second Beaver Valley-Mansfield 345 kV circuit was indicated during load flow testing.. for contingency conditions, and was primarily due to the fact that the third 800 MW Mansfield unit has been added in the area.

The second change to the transmission arrangements will be the installation of a 345 kV transmission circuit between 3eaver Valley Power Station and the l

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() Crescent Substation of Duquesne, a distance of approximately 15.8 miles.

l The need for a Beaver Valley-Crescent 345 kV circuit surfaced during stability testing at both Beaver Valley and Mansfield Plants. Without the Beaver Valley-Crescent 345 kV circuit, instability could occur either at Beaver Valley or at Mansfield for certain fault conditions that required second zone clearing times at either plant. With the addition of the circuit, stability can be maintained.

The transmission arrangement in the Beaver Valley-Mansfield generating complex is shown in Figure 1, as it will be at the cut-in of Beaver Valley Unit No. 2 at the end of 1987.

() Item 1.c.(2) -

Changes in Transmission With Respect to Interconnections Detailed in Item 1.c.(1) above is the rearrangement that will create a Beaver Valley-Hanna and the second Beaver Valley-Mansfield 345 kV circuit. These two circuits will provide new interconnections between Duquesne and Ohio

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Edison Company and between Duquesne and Pennsylvania Power Company, respectively.

Item 1.c.(3) -

Changes in Transmission With Respect to Connections to Wholesale Customers At the ties of the antitrust review at the construction permit stage, Pitcairn Borough was receiving emergency service from a 23 kV subtransmisison circuit via pole-mounted transformers. Monthly peak loads were in the range

- of 500 kW 'to 700 kW. This emergency service was required due to failure of portions of Pitcairn's generating capacity. During 1973, a permanent service at 23 kV was furnished from the 23 kV subtransmission system. During the 1981-1985 period, monthly peak loads were in the range of 1,500 kW to 2,300 kW.

Item 1.d - Cbanges in Ownership or Contractual Allocation of the Output of the Nuclear Facility At the time of the antitrust review at the construction permit stage, division of ownership in the Beaver Valley Unit No. 2 among the CAPCO Parties had not been decided. Only a preliminary allocation of the capacity had been made. Shortly thereafter, ownership allocations among the Parties were determined. During 1978, however, there was an adjustment in ownership allocation between the Ohio Edison Company and its wholly-owned subsidiary, the Pennsylvania Power Company, with the parent company assuming ownership of its subsidiary's share. The initial and final allocation of ownership on a percentage basis are tablulated below.

I Division of Ownership in Beaver Valley Unit No. 2 (Z)

Initial Final l

CEI 24.47 24.47 l DL 13.74 13.74 OE 35.60 41.88 PP 6.28 --

TE 19.91 19.9 1

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Changes in Design, Provisions or Conditions of Rate Schedules

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Itse i.e and Reasons for Such Changes J

Duquesne Light Company provides service to municipalities for resale at retail under Rate Schedule F.P.C. No. 11. Currently, Duquesne serves only the Borough of Pitcairn under this rate schedule. The Terms and Charges of Supplement No. 7 to Rate Schedule F.P.C. No.11 was in effect until April 2, 1985. At that time, the Terms and Charges of Supplement No. 8 to Rate Sch'edule F.P.C. No.11 went into effect pending resolution of rate proceedings and subject to refund. The Fuel Cost Adjustment Clause of Supplement No. 7 to Este Schedule No.11 remains in effect.

The Terms and Charges of Supplement No. 8 to Rate Schedule No.11, a copy of-() which is included af ter the tables, increased the customer charge, capacity charge and energy charge. The objectives of the design of the changed rate were to reflect costs and to provide a return comparable to the system re turn. The minimum charge provision was revised to reflect the capacity

, charge plus the customer charge. The parties have since agreed upon a settlement rate which is set forth in the attached Terms and Charges of Supplement No. 9 to Rate Schedule F.P.C. No. 11.

Item 1.f.(1) -

Lists of All New Wholesale Customers i

Duquesne Light Company has acquired no new wholesale customers.

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() Item 1.f.(2) -

Transfers fran One Rate Schedule to Another.

Duquesne Light. Company has nad no transfers from one F.P.C. rate schedule to

, another.

Ites 1.f.(3) -

Changes in Licensees Service Areas.

Duquesne Light Company has had no change in its service area.

Item 1.f.(4) - Licensees, Acquisition or Mergers Duquesne Light Company has not participated in any acquisition or merger.

Item 1.g -

Generating Capacity Additions Committed for Operation Af ter the Nuclear racility including Ownership Rights or Power Output Allocations.

Duquesne Light Company has not authorized any generating capacity additions beyond Perry Unit No.1 in 1986, Beaver Valley Unit No. 2 in 1987, and Perry Unit No. 2 in 1990. See Table 1.

Item 1.h -

Summary of Requests or Indications of Interest by Other Electric Power Wholesale or Retail Distributors and Licensees's Response for any Type of Electric Service or Cooperative Venture or Study.

O By letter, dated December 29, 1978, Attorneys Robert A. Jablon and David R.

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f Strauss gave notice -to the CAPCO Companies, including Duquesne Light Company, O of a genectal intent of the wholesale customers of Ohio Edison Company and the Ohio municipal customers of The Toledo Edison Company to obtain access to the i Davis-Besse and Perry Units. By letter dated January 16, 1979, Duquesne responded and asked Attorney Jablon when he wanted to meet. By letter dated March 26, 1979, Attorneys Jablon and Strauss wrote to the CAPCO Companies, including Duquesne, and asked them to suggest a date and site for a meeting.

I By letter to Attorney Jablon dated April 18, 1979, Duquesne suggested that the parties meet in Pittsburgh and requested that Attorney Jablon send an .

agenda in advance. To date, Duquesne has received no response to'its April 18, 1979 letter and no specific meeting date has been requested or scheduled I

by Attorneys Jablon and Strauss.

In a letter to Duquesne, dated April 30, 1979, Joseph V. Santangelo of the Borough of Ellwood City expressed an interest in buying power from Duquesne.

In a letter, dated May 14, 1979, Duquesne responded that it did not have an appropriate tariff of general application for sale of electricity to a municipality for resale, but was prepared to meet in Pittsburgh to discuss the request at a mutually convenient time. To date, neither Mr. Santangelo nor any officisi of the Borough of Ellwood City has responded to Duquesne's May 14, 1979 invitation.

By letter dated March 19,"1985, the Borough of Pitcairn, Duquesne's only full-requirements, wholesale customer, requested Duquesne furnish the Borough with Duquesne's rates for the transmission of electire capacity and energy f

from an alternate supplier to the Borough. Duquesne has given the Borough an i

approximation of the rate for such service and is presently developing a more i

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() definitive rate for the Borough. As of this time, the Borough has not  !

advised Duquesne of the identity of any alternate supplier of capacity and energy to the Borough.

Item 2 -

List and Discuss Those Actions or Policies Which Have Been Implemented in Accordance With Construction Permit Conditions Pertaining to Antitrust Aspects.

There are not antitrust license conditions attached to Beaver Valley Unit No.

2 construction permit. With respect to Davis Besse Unit No. I and Perry Units No. I and 2, antitrust license conditions are attached to their respective construction permits. It is the policy of Duquesne Light Company to comply with all License conditions. See Item 1.h. above.

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04211SIE L191i C(88'ANY EIEllAT!aSi CM'ACITY P80lRABI 1984-1991 Beeed on 1985 Load Forecent Dated 9-16-85 Summer Capacity. Load and Socorveel Winter Cepecity. Load and Seeervee2 July July Sameer Instelled meeervee January January Winter Installed Reservee DLCo. Generatine Chenese 18f Cepecity Load 5 mesed en 18f Cepecity Load 5 Based en Casocity Lead Dianam 18f 98f 18f Capacity toed Year /Doecription h 88f 98f 18f .

3 1733 1984 St. Joe 4 - Ossove 0 3,000 2,172 5 916 29.7 42.2 - 25' 3,148 1,970 5 1,178 37. 4 59.8 (en 1-1-85) j 4

1985 No Generation Changes - 250 3,063 2,127 5 936 30.6 44.0 0 3,148 1,920 1,228 39.0 64.0 1986 Perry #1 1205/165 +161 3,224 2,170 1,054 32.7 48.6 +165 3,313 1,960 1,353 40.0 69.0 (on or shout 7-86) 1987 8eever Valley #2 833/114 0 3,224 2,210 1,014 31.5 45.9 +1147 3,427 (on or shout 12-87) - 188 3,409 1,990 1,419 41.6 71. 3 M

+1127 3, 336 'l l

1988 Eastlake #5 Derate - 188 3,318 2,230 1,088 32.8 48.8 0 3,409 2,010 1,399 41.0 69.6 l

l (on 1-1-88) M 1989 No Generation Changee 0 3,318 2, 260 1,058 31. 9 46.8 0 3,409 2,040 1, 369 M1. 2 67.1 1990 Perry #21205/165 0 3,318 2,290 1,028 31. 0 44.9 +1619 3,574 2,100 1,474 41.2 10. 2 (on or shout 12-31-90) 1991 No Generation Changee +1619 3,479 2, 330 1,149 33.0 49.3 0 3,574 2,110 1,464 41.0 69.4 1 R= mad on DL loesset total NSC ousser value occurring in Julys eusser peak load could accur in June, July, August, or Saptemberg seeuesd to be July. Dose not include effect of potential off-eystem selee on reae ves.

2 8esed on DL January NSC winter peak load could occur in December 4:f a given year or in January ar February of the following years eseused to be January. Does not include effect of potential off-eystes sales on reserves.

3 January 1984 value shown.

4 Industrial cepecity evellable to n.-~ x3 but no longer treated en if anned by Duquesne.

5 Actual asesonal peak loads.

6 St. Joe removed effective 1-1-85.

7 8eaver Valley #2 effective on or about 12-87. p tn 8 Emetteke 5 durate effective 1-1-88. p 9 Perry #2 effective on or shout 12-31-90 -

System Planning Department Bulk Poues Section September 25, 1985

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000tESIE LIGli LIBFA88V PAILECTED CAPACITY P90ERAN Als RESERVE ANALYSIS 1986-1995 DEPEIEIEICE ON OUISIDE KSetAEES.

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Purchees Required i To Reduce The l Installed Capacigy Dependence On ,

Annual Not Energy Systes Instelled Osserve on Peak Dependence on outside Assources To24 i for Load Psek Load Capacity 5 Womed an Outehde Reagces U.1 1.0 i Year Millions of IGeel (July-.4ef)I (July-4GI) 10f Casseity Lead In Dave h h 1986 11,860 2,110 3,224 1,054 32.7 40.6 1.4 325 45 l 1987 12, 310 2,210 3,224 1,014 31.5 45.9- 0.7 220 -55

) 1988 12,430 2,230 3,318 1,000 32.8 48.8 0.2 85 -200 i

1989 12,660 2,360 3,318 _1,058 31.9 46.8 0.5 195 -90

) -95 1 1990 12,810 2,290 3,318 1,028 31.0 44.9 0.5 185 l 1991 13,200 2,3MI 3,479 1,149 33.0 49.3 0.2 100 -185 1992 13,220 2,350 3,479 1,129 32.5 48.0 0.4 165 -115 1993 13,490 2,430 3,479 1,049 30.2 43.2 0.3 130 -155 1994 13,053 2,490 3,479 909 28.4 39.7 0.5 200 -90 1995 14,000 2,560 3,479 919 26.4 35.9 1.1 J00 15 I

11985 load forecent dated 9-16-85 2Does not inclu& effect of potential off-eyoten sales on reserves or reliability.

! 3 Average number of days por yeer OL system would be deficient in generating cepecity to apply load uithout any outsido purdeses.

! 4 Estimated anxieue anotat of purchased power required periodically to reduce the i;--__t u- en outside t.oources to the level indicated.

4 capacity Additions  !

! Present OL I Schedule N.D.C.

l that (on er about) (lef)

Perry 1 (1205 Sti) 7-1-86 165

{ BW 2 (833 801) 12-87  !!4 g

, Perry 2 (1205Def) 12-31-90 165 $

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! System Planning Department i Bulk Power Section

! Septamtk - 25, 1985 i

FIGURE 1 1

- BEAVER VALLEY-MANSFIELD GENERATING COMPLEX i

O 3's xv sutrcNrNo oricti-l

- j E na I ""

Ha ding Hoy dale BEAVER VALLEY MANSFIELD I

138 kV ^ ^^

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& CT O e 6 6 s a s i

lT 30 o o - >CC p, <-<

3 o$od 9 ? ? 9 ?

aj on

4 l Sasumis Co11Nr u u Crescent > Crescent

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Duquasna Light Comptny Supplement No. 8 to Rato Schadulo FPC No. 11 O

TERMS AND CHARGES MUNICIPAL RESALE SERVICE FOR PITCAIRN . ,

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AVAILABILITY l Available to serve the municipality of Pitcairn purchasing electric service from the Cogany for resale at retail, subject to the terms and conditions herein.

Service: 60 Hertz, Alternating Current, Unregulated, for use other than parallel operation.

1. Monthly Rata Customer Charge $190.00 Capacity Charge All kilowatts of Deannd $14.71 per kilowett Energy Charge O '

All kilowatt-hours .

2.15c per kilowatt-hour Minimum Charse The minimum charge shall be the Minimus Billing Demand applied to the Capacity Charge plus the Customer Charge.

Fuel Cost Adjustaaet Bills rendered under this schedule are subject to the Fuel Cost Adjustaant Clause included in this Tariff.

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' Duqu2 sun Light Company ,

Suppicaent No. 8 to Rato Schsdulo TPC No. 11 O

2. Untransformed Service
  • hre Pitcairn takes all of its electric service directly 'frba

. the Company's available transmission system, and furnishes all i necessary equipment to take untransformed service, a monthly reduction based upon the Billing Demand of such service shall be allowed as fallows:

First 50 kilowatts at 20 cents per kilowatt.

Next 550 kilowatts at 13 cents per kilowatt.

Excess over 600 kilowatts at 7 cents per kilowatt.

3.

Late Payment Charge Bills will be calculated on the rate stated herein, and are due and payable on or before thirty days from the date of amiling of the bill to the ratepayers. The bill is overdue when not paid on or before the due date indicated on the bill. An overdue bill is subject to a Late Payment Charge of 1.25%. interest per month on the full unpaid and overdue balance of the bill. h Charge shall be calculated on the overdue portions of ,the bill and shall not be charge'd against i any sua that falls due during a current billing period.

4. Determination of Billiam Demand Individual Demand will be the average kilowatts during the fif teen-minute period of greatest kilowatt-hour use during the month.

Individual Demands will be adjusted for power factor by multiplying by I"**

  • A" "1"~***** *"#8 ), where such multiplier will

( 0.8 + (0.6 Kilowatt-hours be not less than 1.00 nor more than 2.CO.

The Billing Demand will not be less than 60% of the highest

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Individual Dessed of the last 11 months nor less than 60% of the Contract Demand whicheur is greater.

( Billing Demand is referred to in the Monthly Rate as Demand.

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DUQUESNE LIGHT COMPAW RATE SCHEDULE F.P.C. No. 11 FIRST REVISED APPENDLX I Supplement No. 9 to Rate Schedule FPC No. 11 Page 1 of 2 TERMS'AND CHARCES MUNICIPAL RESALE SERVICE FOR PITCAIRN AVAILABILITY Available to serve the municipality of Pitcairn purchasing electric service from the Company for resale at retail, subject to the terms and conditions herein.

Service: 60 Hertz, Alternating Current, Unregulated, for use other than parallel operation.

1. Monthly Rate Customer Charge $190.00 Capacity Charge All kilowetts of Demand -

$14.03 per kilowatt Energy Charge All kilowatt-hours- -- 2.15c per kilowatt-hour Minimus Charge The minimum charge shall be the Minianza Billing Demand applied to the Capacity Charge plus the Customer Charge.

Fuel Cost Adjustaant Bills rendered under this schedule are subject to the Tuel Cost Adjustaaet Clause included in this Tariff.

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Supplement No. 9 to Rate Schedule

. FPC No. 11 Page 2 of 2

2. Untransformed Service .

Where Pitcairn takes all of its electric service directly from the Company's available transmission system, and furnishes all necessary equipment to take untransformed service, a monthly reduction based upon the Billing Demand of such service shall be allowed as follows:

First 50 kilowatts at 20 cents per kilowatt.

Next 550 kilowatts at 13 cents per kilowatt.

Excess over 600 kilowatts at 7 cents per kilowatt.

3. Late Payasnt Charge Bills will be calculated on the rate stated herein, and are due and payable on or before thirty days from the date of mailing of the bill to the ratepayers. The bill is overdue when not paid on or before the due date indicated on the bill. An overdue bill is subject to a Late Payment Charge of 1.25% interest per month on the full unpaid and overdue balance of the bill. The Charge shall be. calculated on the overdue portions of the bill and shall not be charged against any sua that falls due during a current billing period.
4. Determination of Billing Demand Individual Demand will be the average kilowatts during the fif teen-minute period of greatest kilowatt-hour use during the month.

Individual Demands will be adjusted for power factor by multiplying by 0.8 + (0.6 Reactive Kilovolt-ampere hours ) g,,, gg ,g Kilowatt-hours be not less than 1.00 nor more than 2.00.

The Billing Dennad will not be less than 60% of the highest Individual Demand of the last 11 months nor less than 60% of the Contract Demand whichever is greater.

Billing Demand is referred to in the Monthly Rate as Demand.

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'a INFORMATION REQUESTED BY THE NUCLEAR REGULATORY COMMISSION FOR ANTITRUST REVIEW ANSWER OF OHIO EDISON COMPANY

^EElEAllI STATE OF OHIO )

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SUMMIT COUNTY )

On October 8, 1985 before me, a Notary Public in and for the State and County aforesaid, personally appeared Justin T. Rogers, who, af ter being duly sworn according to law, deposed and said that he is President of OHIO EDISON COMPANY, an Ohio corporation, that in k such capacity he is authorized to make this Affidavit; and that the within Answer of OHIO EDISON COMPANY to the Information Requested by the Nuclear Regulatory Commission for Antitrust Review are true and correct to the best of his knowledge, information and belief.

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/ i tin I. Roger Sworn to and subscribed before me the day and year aforesaid.

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.'- Notdry Public DETTY E. DILAURO Notcr; Pat!!e, Cacte cf Chio

'O Residar.t of &mm:t County V My Comadssion Ex;1res Aug.15,1988

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OHIO EDISON COMPANY Nuclear Regulatory Commission (10CFR Part 50)

Licensing of Production and Utilization Facilities i

BEAVER VALLEY POWER STATION UNIT 2 Information Needed by the Nuclear Regulatory Coe-mission for Antitrust Review of Operating License Applications for Nuclear Power Plants as detailed in Regulatory Guide 9.3 O

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RESPONSE OF ORIO EDISON C006'ANY Item 1.a .

1) Anticipated excess or shortage in generatina 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.

For purposes of this response, Ohio Edison System (which in this section, includes Ohio Edison Company and Pennsylvania Power Company, a wholly owned subsidiary) has interpreted an " excess or shortage" in generating capacity resources to mean any anticipated difference between total capability and~ peak load requirements. When this difference is an excess, usually referred to as reserves, it provides for unforeseen capacity resource outages, planned outages of capacity resources and other deratings. The reserve therefore permits supplying peak load requirements in a reliable manner.

All information and calculations which follow are premised upon this definition.

O RESULTS Information regarding the Ohio Edison System's capsbility, peak load and margin forecasts is sununarized in Tables 1 through 5. Tables 1 and 2 present current 1985 estimates of these for the sununer and winter periods, respectively, for the years 1985-1988. The estimates anticipate the completion of Beaver Valley Unit 2 in 1987. Tables 3 and 4 present corre-sponding construction stage 1972 forecasts for the sununer and winter periods, respectively, for the years 1972-1978. In these projections, Beaver Valley Unit 2 completion was scheduled for 1978. For each yea'r projected, total capability was determined to exceed anticipated load requirements, thereby resulting in reserves.

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' Table 5 represents a comparison between the current forecast and f

(}) the forecast made at the construction permit stage. The comparison contrasts load, capability, and margin data for the years in which the unit was scheduled to comence operation. Since current total load projections (including off-system sales) are lower than those formerly made, the current peak load forecast (including off-system sales) for 1987 and 1988 is lower than the 1972 load projection for 1978. On the other hand, the change in the Beaver Valley Unit 2 in-service date from 1978 to 1987 precipitated a change in the in-service date of other generating units.

This capacity change together with the rerating of Ohio Edison System generating capacity has resulted in approximately the same capability fore-cast for 1987-1988 as compared to the 1972 capability estimates made for 1978. As a result of these two factors, there is a net increase in projected reserve capacity for the year of completion. As Table 5 indicates, the margin O

V of reserves currently forecast for 1987 and 1988 represents an increase over the margin forecast in 1972 for 1978 of 1002 MW at the time of projected summer peak load and 842 MW at the time of projected winter peak load.

REASONS FOR CRANGE IN EXCESS CAPACITY (RESERVES)

Prior to 1973, times were relatively untroubled and uncomplicated in the electric industry. Sales and peak demand had been going up rapidly and consistently. One could, up to that time, lay a ruler along a trend line of growth and produce an accurate prediction of future growth.

In mid-1973, however, this situation began to change significantly.

The Arab Oil Embargo of late 1973 and early 1974 forced Amercia to face fuel shortages for the first time in many years. Public attitudes began to shift toward conservation, and government policy reflected and ever increasing desire to reduce dependency upon outside resources.

) The result for Ohio Edison was erratic short term load growth which ultimately developed into. lower long term growth. Higher inflation rates accompanied this, limiting construction funds which were already stretched by inflation. Since 1974, five schedule revisions of generating capacity entailing individual unit delays of up to 97 months, and in total averaging almost 6 years, were made.

On January 22, 1980, increased uncertainty about nuclear viability, topped off by the adverse effects of Three Mile Island, combined with financial difficulties, resulted in a decision of the CAPCO Companies to terminate their last 4 nuclear units (Davis-Besse 2 and 3 and Erie 1 and 2). In order to further improve its financial position, Ohio Edison System agreed to reallocate 60 MW of its ownership in each of the Perry units to CEI. As part of the agreement, Ohio Edison System will purchase 80 MW of power from CEI

() for an 18-month period following the in-service date of Perry 1.

1 Further capacity reductions resulted from the recau ..g of all generating units within the Ohio Edison System. The reratings represent the testing of units undir more stringent conditions, as established by the East Central Area Reliability Council (ECAR). Although Ohio Edison's participation in this program was voluntary, the Company adopted its use in an effort to standardize capability ratings with other utilities and in the belief that the new ratings better reflect the actual capacity to be expected from a given unit.

Although the CAPCO members have extensively reduced the proposed capacity program, including the termination of 4 units representing approximately 4200 MW, their reserve margins have increased. This is attributable to the substantial reduction in projected load growth which has declined at a rate outpacing the capacity reductions.

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(~') USE OF RESERVES LJ Ohio Edison capacity in. excess of peak load requirements is to be utilized as capacity reserves for the Ohio Edison System.

The need for adequate reserves in capacity planning has long been established. Because electricity cannot be stored in quantities needed for i power supply purposes, supply and demand must be in continuous balance, instant by instant. This, in turn, requires that generating facilities must be in place and must be in operation in anticipation of the load to be served.

Physical limitations on the generating equipment also require reserves. Generating units must be taken out of service periodically for lengthy periods to undergo positive preventative maintenance and overhaul.

Nuclear-fueled units require down time for refueling. All units are subject to total or partial outages and/or derating due to such factors as equipment

/^N s  ; failure, normal wear, and seasonal variation in ambient air and water conditions.

v When a deficiency in capacity persists for a long period, considerable problems are likely to occur. Inevitably, a deficiency degrades reliability l

with insidious and subtle consequences long before customer service is actually curtailed. The deficiency would tend to interfere with scheduled

[ preventive maintenance. If preventive maintenance cannot be performed, forced I

outages and capacity curtailments will increase.

I In addition to being used as capacity reserves, some of the Ohio i

Edison capacity in excess of peak load requirements can be utilized for power sales to other utilities. Such sales would take place only to the extent that Ohio Edisun would maintain adequate system reliability. The extent of any power sales would also of course depend on the needs of other utilities to purchase power. Power purchases by other utilities have been O\> made to replace power generated using high cost imported oil, or to replace power plants which were cancelled or damagea.

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Currently the Ohio Edison System has three major power sales O agreements with several eastern utilities. These include long term sales of 150 W to Potomac Electric. Power Company and 200 W to General Public Utilities. In addition, the system is a supplier of 200 W - 700 W to l the Allegheny Power System for resale, on a weekly basis, to several numbers l

of the Pennsylvania-Jersey-Maryland Interconnection Group. These power 4

sales have been reflected in Tables 1, 2 and 5.

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Ohio Edison System Current Projections Loads, Capabilities & Marsine For the Years 1985-1988 Summer (MW)

Beaver Valley 2 scheduled for completion in Winter, 1987-1988.

1985 1986 1987 1988 Net Demonstrated Capability $402 5905+ 5905+ 6176 Season Derating 67 76 76 81 Net Seasonal Capability 5335 5829 5829 6095 OE Service Area REC's 65 65 65 65 Shsre of OVEC Avail. Cap. 135 155 142 89 WCOE Purchase 74 76 76 76 Total Capability W ETlf 3 TIT N Projected Peak Load 4190 4250 4110 4100

() Of f-Systen Sales Margin 550 869 350 1525 350 1652 350 1875

+ Includes 80 MW purchase from CEI, less seasonal derating.

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Table 2 Ohio Edison System Current Projections Loads, Capahtlittee & Marsine For the Years 1985-1988 Winter ( m )

Beaver Valley 2 scheduled for completion in Winter, 1987-1988.

1985-1986 1986-1997 1987-1988 Net Demonstrated Capability 5827 5907+ 6176 Seasonal Derating 0 0 0 Net Seasonal Capability 5827 5907 6176 OE Service Area REC's 105 105 110 Share of OVEC Avail. Cap. 169 156 103 Total Capability M M M Projected Peak 1.oad 4145 4105 4125 p/ Off-System Sales 350 350 350 v Margin 1606 1713 1914

+ Includes 80 MW purchase from CEI, less seasonal derating.

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O Table 3 V

! Ohio EJteni System 1972 Projectious (Data Packase 3)

Loads, Capabilities & Margina For the Years 1972- 1978 S m r (sei)

Beaver Valley 2 scheduled for completion in Sumn.or,1978 s

l 1972 1973 1974 1975 Net Seasonal Capability 3886 4019 4129 5175

OE Servica Area REC's 40 42 45 48
Share of OVEC Avail. Cap. . 206 206 206 105 l Total capability M M M M l Projected Peak Load 3580 3805 4045 4300 Marsin 552 462 335 1028 l 1976 1977 1978 Net Seasonal Capability 5531 5531 5881 OE Service Area REC's 50 54 57 Share of OVEC Avail. Cap. 105 105 105 l Total Capability M M M l

Projected Peak Load 4575 4860 5170

! Margin 1111 830 8 13 i

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4 Table 4 Ohio Edison System 1972 Projectione (Data Fackage 3)

Loads, capabilities & Margine Winter (MW)

Beaver Valley 2 scheduled for completion in Summer, 1978 ,

1972 1973 1974 1975 Net Seasonal Capability 3966 4146 5051 5306 OE Service Area REC's 65 69 74 78 Share of OVEC Avati. Cap. 221 221 221 119 Total Capability W W T3TE TTUT Projected Peak Load 3520 3755 4010 4285 Margin 732 681 1336 1218

() 1976 1977 1978

! Net Seasonal Capability 5671 5671 6029 OE Service Area REC's 82 88 94 '

Share of OVEC Avail. Cap.

119 119 119 Total Capability T377 T37K ITT Projected Peak Load 4575 4860 5170 Margin 1297 1018 1072 1

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I Table 5 Ohio Edison System Deta Comparison Beaver Valley 2 Completion Dates (sed Beaver Valley 2 Original Forecast of Summer 1978 Completion.

Current Forecast of Winter 1987-1988 Completion.

Summer 1978 1988 Change Total Capability 6043 6325 282 Projected Peak Load

  • 5170 4450 - 720 Marsin 873 1875 1002 O

Winter 1978-1979 1987-1988 Change Total Capabtitty 6242 6389 147 Projected Peak 1.oad* 5170 4475 695 Margin 1072 1914 842

  • Includes off-system sales.

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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. i l

Ohio Edison Company and its subsidiary, Pennsylvania Power Company, are members of the Central Area Power Coordinating Group ("CAPC0") which j t

was formed in September of 1967, but which has changed or agreed to change certain of their activities, policies, and practices since the antitrust review at the construction permit stage. These changes are more fully l l

described in the prior responses of applicants. .

On June 25, 1985, the Toledo Edison Company and the Cleveland Electric l Illuminating Company announced plans to form a new holding cor.pany that would provide the overall management, and planning of central staff support

. for the two utilities. They have agreed to mutuelty develop, as soon as practical an equitable program of generating capacity rationalization and i () joint economic distribution. These programs can be more fully described by those utilities involved.

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O(_/ Changes in transmission with respect to (1) the nuclear plant, (2) inter-connections, or (3) connections to wholesale cus tomers.

In this section, CEI refers to The Cleveland Electric Illuminating Company, DL to Duquesne Light Company, OES to Ohio Edison System, OP to Ohio Power Company and TE to The Toledo Edison.

1) The following changes in transmission with respect to the nuclear plant have been made since completten of the antitrust review at the construction permit stage:
a. The 345 kV Beaver Valley (DL) to Hanna (OES) circuit, originally submitted as an addition with Beaver Valley Unit 2, was subsequently revised as an addition to Mansfield Power Plant (CES) to form a Mansfield Power Plant to Hanna Substation circuit.

() b. The Mansfield Power Plant (OES) to Hanna (CES) 345 kV line note'! above passes near the Beaver Valley Power Station, and is scheduled to be looped into the Beaver Valley Power Station in 1986, thus forming a second Beaver Valley-Mansfield Power Plant circuit and a Beaver Valley (DL)-Hanna (OES) circuit.

c. Also in 1986, in connection with the addition of Beaver Valley Unit 2(now scheduled for 1987), a 345 kV transmission circuit is scheduled to be put in service extending between the Beaver Valley Power Station (DL) and Crescent Substation (DL).
2) The following changes in interconnections, referred to in this section as interconnection circuits, have occurred or will occur within the Ohio Edison System (CES) since the completion of the antitrust review at the construction permit stage:

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a. A 345 kV transmission interconnection with Duquesne Light O

(./ Company was placed in service in 1972. The circuit extended between the Beaver Valley Power Station (DL) and the Shenango

~ Substation (OES).

b. A 345 kV transmission interconnection with The Cleveland Electric Illuminating Comp,any (CEI) and Ohio Power Company (OP) was placed in service in 1972. This single interconnection point was established by looping the then entsting Canton Central (OP)-Juniper (CEI) 345 kV circuit into a newly

, developed Hanna (OES) Substation.

c. A 138 kV transmission interconnection with CEI was placed in service in 1974. The circuit extends between the Johnson t

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Substation (OES) and the Lorain Switching Station (CEI), thus constituting a second circuit between these two points.

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d. A 345 kV transmission interconnection with Toledo Edison (TE)

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+- was placed in service in 1975. The circuit extends between the Davis Besse Nuclear Power Plant (TE) and the Beaver Substation (OES). .

e. The 345 kV Beaver Valley-Shenango (CES) interconnection with Duquesne Light Company was replaced by two 345 kV interconnections with Duquesne Light Company in 1975.

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f. A 345 kV transmission interconnection with CEI was placed in service in 1981. The circuit extends between the Avon Power Plant (C'.) and the Beevir Substation (CE'S). This constitutes the second circuit between these two points.

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/ ~T kY 3 A 345 kV transmission * 'erconnection with CEI is scheduled to be put into service in 1985. .This circuit will extend between the Mansfield Power Plant (OES) and the Harding Substation i

(CEI).

h. The 345 kV Ohio Edison Mansfield-Hanna line, which currently passes near Duquesne Light's Beaver talley Power Station is scheduled for modification in 198f The line will be changed j to form a second Beaver Valley (DL)-Mansfield (OES) 345 kV interconnection (the first discussed in item e. above) and a Beaver Valley (DL)-Hanna (OES) 345 kV interconnection.
i. Two 345 kV and one 138 kV transmission interconnections with Ohio Power Company (OP) are scheduled to be put into service in 1987. The 345 kV interconnections include the Hyatt (OP)-

Tangy (OES) and the Marysville (OP)-Tangy (OES) circuits and the 138 kV interconnection will extend between cloverdale Substation (OES) and East Wooster Substation (OP).

These changes are reflected in the following table:

Ohio Edison System Interconnection Circuits (In Service and Planned)

Year 345 kV 138 kV 69 kV 34.5 kV Total 1971 8 13 4 2 27 1972 10 13 5 1 29 1974 10 14 5 1 30 1975 13 14 5 1 33 1981 14 14 5 1 34 1985 15 14 5 1 35 1986 17 14 5 1 37 1987 19 15 5 1 40 in

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3) Two changes have occurred in Ohio Edison's wholesale customers' connections

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between 1972 and 1982. They are:

a ." The City of Newton Falls, previously generating its own power, was added as a wholesale customer in 1977. The City is served via the Newton Falls Substation at 69 kV.'

b. The City of Niles, previously served at a voltage of 23 ky, is now served at 138 kV. The first phase of this change was completed in December, 1977, and the second phase was completed in April, 1978.

The Cuyahoga Falls power system, currently being served at 23 kV, may be changed to 138 kV service at some time in the future. The exact date has not yet been determined.

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() Changes in the ownership or contractual allocation of the output of the nuclear facility. Reasons and easts for such changes should be included.

On May 1,1977, the CAPCO Companies agreed that Ohio Edison Company (OEC) would increase its ownership. share in Beaver Valley Unit 2' from 35.60% to 41.88% while Pennsylvania Power Company (PPC) would reduce its ownership share in the unit from 6.28% to zero. This reallocation of ownership shares in Beaver Valley Unit 2 between OEC and PPC was made to improve the balance between the respective needs and capabilities of those two companies. There was no change in the other CAPCO Companies' ownership shares in the unit.

The ownership shares of the CAPCO Companies in Beaver Valley Unit 2 before and after the May 1, 1977, reallocation are as follows:

Percent Ownership Percent Ownership C,' Before 5/1/ 77 Reallocation After 5/1/77 Reallocation The Cleveland Electric Illuminating Company 24.47 24.47 Duquesne Light Company 13.74 13.74 Ohio Edison Company 35.60 41.88 Pennsylvania Power Company 6.28 0.00

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The Toledo Edison Company 19.91~ 19.91 100.00 100.00 0

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Changes in design, provisions or conditions of rate schedules and reasons

/~T for such changes. Rate increases or decreases are not necessary.

O Ohio Edison Company has. combined its two smaller general service rates into a more equitable rate for both classes of customers. General Services-Small and General Service Medium have been combined to form General Service-Secondary Voltages. (See Rate Schedules marked as Attachment I hereto).

For many years we had 21 municipal customers that individually bought power from us under a wholesale rate and resold this power retail to their customers. This procedure continued until 1977 when the Company was required to wheel power to the municipals from third party sources as a condition of nuclear licensing procedures before the NRC.

A Partial Requirement Rate became available to wholesale customers, negotiated relative to Docket No. ER77-530 and established in Docket No.

ER80-361, on April 1, 1981.

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Thereaf ter the municipals bought a small amount of power from Buckeye Power, but on the whole generally remained individual full requirement customers. In 1983, the Company was advised that the municipals had banded together to purchase power, as a group from AMP-Ohio, who would be their agent for dealing with the Company. At this point we no longer had a municipal resale class of customers. Our dealings were to be with AMP-Ohio

as an independent power system who could buy power from the lowest bidder l anywhere within or outside Ohio and the Company would simply be asked to l

wheel this power to our former municipal customers.

Through a long negotiating process, we finally agreed ef fective October 4

1,1983, to our current service contract with AMP-Ohio. AMP-Ohio agreed to buy 105 megawatts from us at an off-system competitive market rate, which is

) referred to as " base power" in the contract. AMP-Ohio retained the option

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s z to buy 480 megawatt months of power per year. from other sources if it could find a cheaper source. The 105 megawatt base power is increased by l 1

3 megawatts each year of the contract which runs through September,1988.

For. the balance of the contract load, which is referred to as " regulation i

power", AMP-Ohio agreed to pay us at a rate which is tied to the level of our General Service-Large, Rate No. 53.

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ATTACHMENT l Ohlo Edison Conxny Fourteentn Revised Smoot w. 50 Akron, Ohio P.U.C.O. No. 10 CameeiIIng Thirteen +m Revisee Sweet %, ao GENERAL SERVICE - SMALL SECOMWtY VOLTAGES Avellability:

Avellable to general service Installations requiring secondary voltage service, whers billing loads are generally less than 50 KW or where seasonal service is Involved.

Both single and three phase service will be metered through one meter and so billed unless cle-cuestances r.ot under the control of the Comoany mano It imoractical or not feasible to do so.

Service Alternating current, 60 Hz, at nominal voltages of 120/240 or 120/208 or 277 single chase, or 120/208 or 240 or 277/480 three phase, as may be available from suitable facilities of adequate capacity adjacent to the premises to be served. Other voltages may be obtained from available d i stel bution facilities provided the customer owns, operates and meintains all necessary transforming, controlling, regulating and protective equicsont, in which case service will be metered at the Companys supply voltage.

The Company designs and operates its electrical system to provide service voltages within the limits specified in American National Standard Voltage Ratings for Electric Power Systems and Equipment (60 Hz) C64.1-1970 Rate:

The not monthly charge per customer shall be:

Customer Charge: ................................ $10.52 Energy Charges Flest 150 Kwl per Kw of billing demand, per KWH 10.634 Next 100 KWH per Kw of bit ilng demand, por KWH 4.094 Over 250 KWH per KW of blllIng demand, per KWH 0.80(

Minimum Charge:

$10.52 plus 54.00 per Kw of billing demand in excess of 5 Kw plus applicable fuel adjustment charge. The minimum charge shall not be less than 511.52 for three phase service.

Billing Damned in KW:

The billing demand for the month shall be the greatest of:

(1) The highest measured 30-minute KW denend during the month i (2) 5.0 KW (3) The contract demand When metering capable of measuring on-peak and of f-peak demands is in use, the customer's measured demand shall be the greater of the on-peak demand or 25 percent of the of f-peak d emand. Where a customer has the capability of noving a deferreblo demand to en of f-cook period and desires to do so, the Comoany will provide the metering capability to measure demands occurring during on-peak and of f-peak periods upon payment by the customer of an amount equal to the additional cost of a time-of-day meter. These Installations are not avellable to seasonal customers.

l l On-peek periods are from 8:00 A.M. to 9:00 P.M. local time Monday through Friday, except for the folloeing legal holidays observed during these periods: New Years Oey, Presidents' Day, Memorial Day, indeoendence Day, Labor Day, Thanksgiving Day and Chelstmas Day. These observed legal holldays and all other oorlods shall be of f-peak.

(Continued)

O Flied under the authority of Order No. 82-1025-EL-AIR, Issued by The Public Utilities Consnission of Omlo issued by J. T. Rogers, Jr., President Effective: December 2, 1993 RES83/081

ATTACleiENT 1 Four'ese Revi sec Smee* %. N Ohio Esison Coapsny C""**"9 * *** *"

P.U.C.O. No. 10 ConH avoc Aaron. Ohio

- (Continued)

The Company'shall not be required to increase the capacity of any service f acilities in oecer to furnish off-peek demands. The Company reserves the right, upon 30 days notice to cus-tomers af fected, to change the time or times during whicn on-oeak demands may be establisnoo.

Fuel Adjustisent:

The energy charge shall be adjusted in accordance with the Electric Fuel Component Rider shown on Sheet No. 42-1 Taz Adjustment:

Bills shall be adjusted in accordance with the Interim Ohlo Gross Receipts Tax Surcharge Rider shown on Sheet No. 41 Adjustuent for Primary Metering:

Where a transformer Installation (regardless of ownership) is utilized solely to furnish service to a single customer, the Company may meter the service on the primary side of the transformers, and in such case the load and energy registrations shall each be reduced 25.

Terms of Payment:

The not amount billed is due and payable within fif teen days af ter the date of malling of the i bill. If the not amount Is not paid on or before the date shown on the blli for payment of not amount, the gross amount which is 35 more than the not amount Is due and payable.

Power Factor Correction:

The Company may, at its ootion, test or meter the power f actor of the customer's load and for either a leading or lagging power f actor of less than eighty-fIvo hundredths (0.85) the measured load shall be adjusted by multiplying the measured toed by tie ratio of 0.85 divided by the power f actor of the load. No correction will be sede where the power f actor is found to be greater than 0.85 Aux 111ery er Stand-ty Service:

When auxillary or standby-service is furMthed, a contract demand shall be established by mutual agreement and shall be specified in the service contract. No reduction In contract demand shall be permitted during the term of the contract. In re-contracting for auxillary or stand-by sery!ce, the new contract demand shall not be less than 605 of the highest billing demand during the last eleven months of the previous contract term.

Samaamal or Temporary DIseontlnuence of Service:

Where service has been discontinued at customer's request because of seasonal occupancy of th e premises or where service has been discontinued at customer's request because the customer's occupancy is to be to,porarily discontinued for at least two months, the minimum charge as above provided shall not be applicable d'Jelng suCh dIscontinuaiCo of servlCo, but In lleu thereof a charge of $25.00 vill be mode when service Is re-established.

Contract:

An application is required. When the service is re-established for the benefit of the same customer at the same location within a period of less than twieve months from the date when service was discontinued, all of the conditions in the previous contract period acollcable to billing shall apply and the billing food shall not be less than 601 of the highest billing load during the last eleven months of the previous contract term.

Rules and Regulations:

The Company's Standard Rules and Regulations shall apply to the installation and use of electric service.

1 Filed under the authority of Order No. 82-1025-EL-AIR, Issued by The Public utilities Commission of O'n t:

Issued by J. T. Rogers, Jr., Presloent Effective: December 2, 1993 RES83/082

ATTACHMENT 1 Omlo Edison Company Origins S n,,, go , p Axron, Onlo P.U.C.C. Ito. 10 GENERAL SERVICE

~

SECDOARY VOLTMIES Avallatility Avellable to general service installations requiring secondary voltage service.

doth single and three phase service will be metered through one meter and so billed unless cir-cuestances not under the control of the Canpany mane it lepractlest or not feasible to do so.

Service:

Alternating current, 60 Hz, at nominal voltages of 120/240 or 120/208 or 277 single phase, or 120/206 or 277/480 thces phase, as may be available from suitable distribution f acilities of adequate capacity adja cent to the premises to be served. Other secondary voltages or service from primary or transmission facilities may be obtained from evellable facilities provided the customer owns, operates and maintains all necessary transforming, controlling, regulating and protective equipment.

The Company designs and operates its electrical systen to provide service voltages within the limits saecified in Amerleen National Standard Voltage Ratings for Electric Power System: and Equipment (60 Hz) C84.1-1970 Rates The not nonthly charge per customer shall be:

Customer Charge: ................................................ $13.I5 Demand and Energy Charges:

The lesser of (a) or (b):

(a) Demmed Charges F i rs t 100 Kw , per Kw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 514.9 0 Ov er 100 Kw , por Kw . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 513. 86 Energy Charge F i rst 250 KWH por KW of b i l l i ng demand , per KWH . . . . . . . . . 2.090 ov er 250 KwH per KW o f b i l l i ng demand , per KwH . . . . . . . . . . 0.820 (b) Fixed Energy Charge per KWH: ..............................II.00(

Minlaus Charge:

513.15 plus 54.50 por Kw of billing demand in excess of 5 Kw plus applicable fuel adjust :en t i 1

energe.

Recreation Lighting l

Billing for separately metered non-profit outdoor public recreation facilities shall exclude I

the application of the minimum charge.

l Silling Demmed in KW: ,

The Dilling demand for the montn shall be tre greatest of: l t

(1) The highest measured 30-minute Kw denand during tne month (2) 5.0 KW (3) The contract demand when metering capable of measuring on-peak and of f-peak demands is in use, the customer's measured demand shall be the greater of the on-peak demand or 25 poecent of the off-peak d emand. Where a customer has the capability of moving a deferrable demand to en of f-peak period and desires to do so, the Comoany will provide the metering capability to measure demands occurring during on-peak and off-peak periods upon payment by the customer of an amount equal to the additional cost of a time-of-day meter. These Installations are not ,

available to seasonal customers.

(Continued)

Filed under the authority of Order No. 83-il30-EL-AIR. Issued by The Public Utilities Cowilssion of Onlo Effective: August 1, 1984 issued by J. T. Rogers, Jr., President RES84/120

ATTACHMENT 1 Onlo Edison Canaany Original S ws* a eo 5 :

Axron, Onlo P.U.C.% No. 10 1-.. . _.

(Continuedl .

On-peak periods are from 8:00 A.M. to 9:00 P.M. local time Monday through Friday, except for l O the following legal holidays observed during these periods: New Years Day. Presidents' Dav, Memorial Day, independence Day, L Sbor Day, Than etsg i v i ng Day and Christmas Day.

observed legal holidays and all other periods shall be off-peak.

These l

The Company shall not be required to increase the capacity of any service facilities in order to furnish off-peak demands. The Company reserves the right, upon 30 days notice to cus-toners of f acted, to change the time or times during which on-peak demands may be estaollsned.

Fuel Adjustuent:

The energy charge shall be adjusted in accordance witn the Electric Fuel Component Riser shown on Sheet No. 42-1 Adjustment for Primary Metering:

Where a transformer installation (regardless of ownership) is utilized solely to furnish service to a single customer, the Company may motor the service on the primary side of tne transformers, and in such case the demand and energy registrations shall each be reduced 25 Terms of Payments if the amount billed is not paid by the next scheduled meter reading date shown on the bill, an additional amount equal to 1.55 shall be energed on any unpaid balance existing af ter this date.

Power Factor Correction:

The Company may, at its option, test or meter the power factor of the customer's load and for either a leading or lagging power factor of less than eighty-five hundredtns (0.85) the measured load shall be adjusted by multiplying the measured load by the ratio of 0.85 divided by the power f actor of the load. No correction will be mede where the power f actor is found to be greater than 0.85.

Auxiliary or Stand-lpy Services O when auxillary or standby-service is furnished, a contract demand shall be established by mutual agreement and shall be specified in the service contract. No reduction In contract demand shall be permitted during the term of the contract. In re-contracti ng for auxillary or stand-by service, the new contract demand shall not be less than 605 of the highest billing demand during the last eleven months of the previous contract term.

Seasonal or Temporary Olscentinuance of Distribution Service:

Wnere distribution service has been discontinued at customer's request because of seasonal occupancy of the premises or where distribution service has been discontinued at customer's request because the customer's occupancy is to be temporarily discontinued, the minimum charge as above provided snall not be applicable during such discontinuance of service, but In lieu thereof i a charge of $25.00 vill be made when service is re-established.

Contract:

An application Is required.

Rules and Regelations:

The Company's Standard Rules and Regulations shall apply to the Installation and use of electric service.

I Filed under tne authority of Order No. 83-1130-EL-AIR Issued by The Public Utilities Commission of Onlo issued by J. T. Rogers, Jr., President Effective: August 1, 1984 RESd4/119

ATTACHMENT l Ohio Edison Com:eny Fourteentn Revised Sweet No. 52 Akron, Onlo P.U.C.0. No. 10 C*ncollIng Tn teteent% Revised Sweet No. 52 GENERAL SERVICE - MEDitm SECOseARY VOLTAGES Avellability:

Avellable to general service Installations requiring secondary voltage service, enere billino loads are generally in excess of 50 KW.

Both single and three phase service will be metered through one meter and so bllied unless cir-cuestances not under the centrol of the Company make It impractical or not feasible to do so.

Service:

Alternating current, 60 Hz, at nominal voltages of 120/240 or 120/208 or 277 single phase, or 120/208 or 240 or 277/480 three phase, as available from suitable f acilities of adequate capacity adjacent to the promises to be served. Other voltages may be obtained f rom available d istel tu t ion facilities provided the customer owns, operates and molntains all necessary transforming, controlling, regulating and protective equipment, f r. which case service may be metered at -he Company's supply voltage.

The Company designs and operates its electrical system to ' provide service voltages witnin the limits specified in American National Standard Voltage Ratings for Electric Power Systems and Equipment (60 Hz) C 84.1-1970 ,

Rate The not monthly charge per customer shall be:

Capacity Charge First 100 KW of billing demand, per KW ........ $13.48 Additional KW of billing demand, per KW ....... 512.16 Energy Charge:

Flest 250 KWH per KW of billing demand, per KWH . 1.934 Over 250 KWH per KW of billing demand, per KWH .. 0.804 Minimum Charge:

The minimum monthly chargs shall be the capacity charge.

Billing Demand in KW:

The billing demand for the month shall be the greatest of:

(1) The highest measured 30-minute KW demand during the month (2) 601 of the highest billing demand during the preceding eleven months (3) 50 KW (4) The contract demand When metering capable of measuring on-peak and of f-peak demands is In use, the customer's measured demand shall be the greater of the on-peak demand or 25 percent of the of f-peak demand. Where the customer has the capability of moving a deferrable demand to an of f-peak period and desires to do so, the Company will provide the meterinq capability to measure demands occurring during on-peak and of f-peak periods upon payment tw the customer of an amount equel to the additional cost of a time-of-day meter.

l On-peak periods are from 8:00 A.M. to 9:00 P.M. local time enday through Friday, escoot for

' the following legal holidays observed during these periods: New Years Day, Presidents' Day, i Memorial Day, Independence Day, Labor Day, Thanksqlving Day and Christmas Day. These observed legal holldays and all other periods shall be of f-peak.

Where it has been demonstrated that through load menagement equipment or other procedures a Custwc has shif ted 40% of his load to the of f-peak period on an on-going basis and such change of load will cause the 605 billinq demand ratchet provision to be used in billing the account, the customer may be allowed to re-establish his mexlmwn d. mend for billing purposes.

(Continued)

O Filed under the authority of Order No. 82-1025-EL-AIR, issued by The Public Utilities Commission of Ohio Effective: Decemoer 2, 1993 issued by J. T. Rogers, Jr., President RES83/083 l

ATTACHMENT 1 Fourtoon+n Revi sed Saee+ No, 52 Ohio Edison Company Cancelling Thirteenth Rowlsed Shee' No. 52 P.U.C.O. Mo. 10 Con +1suee Akron Ohio (Continued) l Silling Demand in 80f t (Continued)

The Company shall not be required to increase the capacity of any service facilities in order to furnish of f-peak demands. The Conceny reserves the right, upon 30 days notice to cus-tomers af fected, to change the time or times during which on-peak desnands may be estaallshed.

Fuel Adjustment:

The energy charge shall be adjusted in accordance with the Electric Fuel Component Rider shown on Sheet No. 42-1 Tax Adjustment:

Bills shall be adjusted in accordance with the Interim Ohio Gross Receipts Tax Surcharge Rider shown on Sheet No. 41 Adjustment for Primary Metering:

Where a transformer Installation (regardless of ownership) is utilized solely to furnish service to a single customer, the Company may motor the service on the primary side of tne transformers, and in such case the demand and energy registrations shall each be reduced 25 Terus of Payment:

The not amount billed is due and payable within fif teen days af ter the date of melling of the bill, if the not amount is not paid on or before the date shown on the bill for payment of not amount, the gross amount which is 35 more than the not amount is due and payable.

Power Factor Correction:

The Company may, at its option, test or motor the power f actor of the customer's load and for either a leading or lagging power .f actor of less than eighty-five hundredths (0.85) the measured load shall be adjusted by multiplying the measured load by the ratio of 0.85 divided by the power f actor of the loed. No correction will be made where the powsr factor is found to be greater Q

v than 0.85 Auxillary or Stand-by Service:

When auxillary or stand-by service is furnished, a contract demand shall be established by mutual agreement and shall be specified in the service contract.

No reduction in contract demand shall be permitted during the term of the contract. In re-contracting for auxillary or stand-by service, the new contract demand shall not be less than 605 of the highest billing demand during the last eleven months of the previous contract term.

Contract:

An application is required. Electric service hereunder will be furnished for a minimum period of one year and shall continue thoceef ter from year to y.ar unless either party shall give to the other r.at less than 60 days notice in writing prior to the expiration date of any voarly period that the service is to be terminated.

A weltten contract will be regulred for auxillary or stand-by service or when a contract demand is required.

When the service is re-established for the benefit of the same customer at the same location l within a period of less than twelve months from the date when service was discontinued, all of

' the conditions during the previous contract period applicable to billing shall apply and tne billing demand shall not be less than 601 of the highest billing demand during the last eleven l

months of the previous contract period.

Rules and Regulations:

The Company's Standard Rules and Regulations shall apply to the Installation and use of electric service.

O V

Filed under the authority of Order No. 82-1025-EL-AIR. Issued by The Pubile Utillfles Commission of Onlo issued by J. T. Rogers, Jr., President Etfactivs: Decomeer 2. 1993 RE583/084

Ites 1.f.

' m List of all (1) new wholesale customers, (2) transfers from one rate schedule to ano ther , including copies of schedules not previously furnished, (31 changes in licensee's service area, and (4) Licensee's acquisitions or merter.

1) Ohio Edison Company has no new wholesale customers.
2) All twenty-one of the partial requirement wholesale customers of Ohio Edison Company have joined AMP-Ohio and are currently receiving their power from them. Two of Pennsylvania Power Company's previously full requirements wholesale customers have commenced takin6 partial requirements under a recently approved rate response.
3) House Bill 577 has caused the service area hcundaries of Ohio Edisen to become strictly defined, but it did not change the service area significantly.
4) Ohio Edison Company has not participated in any acquisition or merger.

O n

V

Item 1.g.

List of those generating capacity additions committed for operation after

() the nuclear facili.i. including ownership rights or power output allocations.

There is one generating- capacity addition committed for operation af ter Be. aver Valley Unit 2 which will be parcially owned by Ohio Edison. This facility is Perry Nuclear Power Plant Unit 2, which will be operated by The Cleveland Electric Illuminating Company. All options with respect to the completion and timing of this unit are being evalauted. The expected total generating capacity of this unit is 1205 MW.

The ownership allocation of the generating capacity to be installed at Perry Nuclear Power Plant Unit 2 is as follows:

Percent The Cleveland Electric Illuminating Co. 31.11 Duquesne Light Company 13. 74

() Ohio Edison Company 30.00 5.24 Pennsylvania Power Company The Toledo Edison Company 19.91 100.00 I

l O i

i l

l l

t tem 1.h._ l

)

. Sununary of requests or indications of interest by other electric power i

'- wholesale or retail distributors, and licensee's response, for any  ;

type of elec tric service or cooperative venture or s tudy. l On December 29, 1978 twenty-one wholesale customers of Ohio Edison Company and the four municipal wholesale customers of The Toledo Edison Company gave notice of a general intent to obtain access to the Davis-Besse 1, 2 and 3 and the Perry 1 and 2 nuclear units.

By letter dated March 26, 1979, attorneys for the -

wholesale customers requested a meeting between representatives of the municipalities and representatives of each of the CAPCO Companies to exchange views and information. Such a meeting was held in Cleveland, Ohio, on June 1, 1979.

l During the meeting the representatives discussed the then proposed establishment of an Ohio Municipal Electric Authority to be set up as a ,

financing tool to be used on behalf on all 83 municipalities which had electrical distribution facilities on January 1, 1979. The establishment of such an authority required an amendment to the Ohio constitution which was eventually defeated by the Ohio voters on June 3, 1980. No further action 7 has been taken by the requesting entities to obtain access to the units l- .

(two of which have since been cancelled).

.During the ll6th General' Assembly H.B. 225 and S.B. 140 having virtually identical. language was introduced to create the Ohio Municipal Wholesale Electric Authority (" Authority") without the benefit of a constitutional amendment. Under the bills the authority would. sell electric power to its municipal members and others could act as a broker between municipal utilities and other suppliers of electric power, and would have the ability to issue tax exempt bonds and make loans in order to buy into or build generating and transmission facilities. Neither bill has been passed O 'r ta c t ^ 81 7-

i

)

1 Item 2 l l

Licensee's whose construction permits include conditions pertaining to I

.( s,) antitrust aspects should list and discuss those actions or policies which have been implemented in accordance with such conditions.

There are no antitrust license conditions attached to BVPS-Unit 2 '

Construction Permit. Such conditions are attached to Perry Nuclear Power Plant Units No. 1 and 2. Ohio Edison Company is committed to and has complied with all applicable license conditions. (See Response 1.e. and 1.h. hereto).

O 4

O

4 Application for an Operating License for

.'d Beaver Valley Unit No. 2 4 < ANSWERS OF THE CLEVELAND ELECTRIC ILLUMINATING COMPANY TO THE INFORMATION REQUESTED BY THE ATTORNEY GENERAL

FOR ANTITRUST REVIEW t

AEE1RAYlI s

STATE OF OHIO )

) 'SS:

COUNTY OF CUYAH0GA )

On 8 b /d// before me, a Notary Public in and for the State and County aforesaid, personally appeared Mr. Murray R.

Edelman, who after being duly sworn according to law, deposed and said that he is Vice President - Nuclear of THE CLEVELAND

ELECTRIC ILLUMINATING COMPANY, a corporation; that in such (j

(,h capacity he is authorized to make this Affidavit; and that the within Answers of THE CLEVELAND ELECTRIC ILLUMINATING COMPANY to 3 the-Information Requested'by the Attorney General for Antitrust Review are true and correct to the best'of his knowledge, 4

information and belief.

Murray R.UEdelman ,

Vice President - Nuclear Sworn to and subscribed before me the day and year aforesaid.

/ ezd/ d<

, Notary Public

  1. 1f CO #1 @ ssioN Doc dsi- Ectpicc i

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I 1

I Addendum , response of The Cleveland Electric Illuminating Ccmpany for the peri::

r' from December 15, 1982 througn July 1, 1985 to Regulatory Guide 9.3 N.]N l l

3. INFORMATION NEEDED BY THE NRC REGULATCRY STAFF IN CONNECTION WITH !!S ANTI-TRUST REVIEW OF CPERATING LICENSE APPLICATIONS FOR NUCLEAR POWER PLANTS
1. To assist the regulatory staff in its review, an Applicant for a license to operate a commercial nuclear power plant should consider the follow-ing items and any related changes that have occurred or are planned to occur since submission of the construction permit application:
a. 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 ob-tained.

n The Cleveland Electric Illuminating Company's generating capability, peak load and margin forecasts are updated in Tables la, 2a, 2b and 3a to show 1985 projections. Table la presents current (1985) esti-mates for the summer and winter periods for the years 1985-1991.

Table 2a presents summer comparisons using the 1972 projections vs.

the 1985 projections showing a ten year offset. Table 2b presents winter comparisons using the 1972 projections vs. the 1985 projections showing a ten year offset. Table 3a is'a comparison between the 1985 forecast and.that made at the construction stage. The 1985 load and capability projections are lower than the corresponding 1972 estimates. Since load forecasts have declined more than capabilities, an increase in the margin resulted, b,_,

2-

I TABLE la TFE CLEVELAND ELECTRIC ILLUMINATING COMPANY l

(~}

s-1985 PROJECTIONS l LOAD. CAPABILITIES S MARGINS F O R T H E Y-E A R S 1985-1991

~

Summer 1985 1986 1987 1988 1989 NDC 4279 4638 4538 4583 4410 to 4583 Seasonal Derating 57 65 65 64 61 to 64 NSC 4222 4573 4473 4519 4349 to 4519 Proj. Peak Load 3410 3528* 3500 3540 3560 Margin (MW) 812 1045 973 979 789 to 959 1990 1991 NDC 4261 to 4607 4189 to 4707 Seasonal Derating 57 to 64 54 to 64 NSC 4204 to 4543 4135 to 4643 Prof. Peak Load 3590 3690 Margin (MW) 614 to 953 445 to 953

() Winter 1211 121h 1987 1988 1989 NDC 4638 4538 4583 4410 to 4583 4261 to 4607 Seasonal Derating 0 0 0 0 0 NSC 4638 4538 4583 4410 to 4583 4261 to 4607 Prof. Peak Load 3110** 3150** 3110 3130 3150 Margin (MW) 1528 1388 1473 1280 to 1453 1111 to 1457 122.0. 1991 NDC 4189 to 4707 4164 to 4707 Saasonal Derating 0 0 NSC 4189 to 4707 4164 to 4707 Proj. Peak Load 3240 3330 M:rgin (MW) 949 to 1467 834 to 1377

  • Includes 78 MW committed sales

()** Includes 80MWcommittedsales.

TABLE 2a

(}

THE CLEVELAND ELECTRIC ILLUMINATING COMPANY PROJECTION COMPARISON

~

1972 vs. 1985 (10 YEAR OFFSET)

SUMMER 1972 Proiection 1975 1 111 11.7_7 1978 IS_7 E 1980 NDC 4292 4550 4550 4821 5140 5467 Seasonal Derating 80 85 85 93 93 93 NSC 4212 4465 4465 4728 5047 5373 Projected Peak Load 3470 3670 3890 4120 4360 4620 Margin (MW) 742 795 575 608 .687 754 1985 Pro _iection 1985 1986 1111 1988 1111 1990 NDC 4279 4638 4538 4583 4410 to 4583 4261 to 4607

{}SeasonalDerating 57 65 65 64 61 to 64 57 to 64 NSC 4222 4573 4473 4519 4349 to 4519 4204 to 4543 Projected Peak Load 3410 3528* 3500 3540 3560 3590 Margin (MW) 812 1045 973 979 789 to 959 614 to 953

  • Includes 78 MW committed sales.

4 -

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(J

l TABLE 2b THE CLEVELAND ELECTRIC ILLUMINATING COMPANY m -

PROJECTION COMPARISON d

f 1972 vs. 1985 (10 YEAR OFFSET)

WINTER 1972 Proiection 1111 1976 1977 1978 NDC 4292 4550 4550 4821 Seasonal Derating 0 0 0 0 NSC 4292 4550 4550 4821 Projected Peak Load 3220 3410 3600 3800 Margin (MW) 1072 1140 950 1021 1911 1980 NDC 5148 5467 Seasonal Derating 0 0 NSC 5148 5467 Projected Peak Load 4020 4250 Margin (MW) 1128 1217 1985 Proiection 1985 1116, 1917, 1 18.1 NDC 4638 4538 4583 4410 to 4583 Seasonal Derating 0 0 0 0 NSC 4638 4538 4583 4410 to 4583 Projected Peak Load 3110* 3150* 3110 3130 Margin (MW) 1528 1388 1473 1280 to 1453 1111 1210.

NDC 4261 to 4607 4189 to 4707

, Seasonal Derating 0 0 NSC 4261 to 4607 4189 to 4707

. Projected Peak Load 3150 3240 Margin (MW) 1111 to 1457 949 to 1467

  • Includes 80 MW committed sales.
O 9 -- + _. .,,m...y -m - _ - . _ _ . - - - . _ , _e --

l TABLE 3a THE CLEVELAND ELECTRIC ILLUMINATING COMPANY DATA COMPARISON BEAVER VALLEY UNIT NO. 2 COMPLETION DATES Beaver Vallev Unit No. 2 Original Completion Forecast of 1978 Current-Completion Forecast of 1987 Summer 1978 19J1 Chance Total Capability (NSC) 4728 4473 -255 Projected Peak Load 4120 3500 -620 Margin 608 973 +375 Winter 1921 1912. Chance Total Capability (NSC) 4821 4583 -238 Projected Peak Load 3800 3110 -690 Margin 1021 1473 +452 O

4 ,

b. New power pools or coordinating groups or changes in structure, 7{)

activities, policies, practices or membersnip of power pools er coordinating groups in which the licensee was, is or will be a participant.

4) The applicant companies amended the CAPCO Basic Operating Agree-ment as amended September 1, 1980 in a number of respects as cf July 1, 1984 t

The Amendment dated July 1, 1984 allows for the CAPCO Coordi-nating Office to be the responsibility of Ohio Edison for administrative purposes.

.=.

The Amendment also amends article 6 of the Agreement so that 8

CAPCO Unit Back-Up Power shall not be available for a CAPCO Unit ks) s when such CAPCO Unit is out of service because a CAPCO company having an ownership interest in such CAPCO Unit fails to supply its share of Uranium for enrichment. The Amendment establishes Schedule I, Replacement Power, to be made available to CAPCO company's failure to supply the required Uranium. The CAPCO com-

)anies can not withdraw from the provisions of the Agreement covering Schedule I.

The Amendment also provides for a different billing procedure, a revised interest charge on any unpaid amounts, and a different pay-ment schedule for monies due and owing as the result of a non-CAPCO company's system's failure to make payment for transaction under the Agreement.

()

4 7-

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i -I l

4 The Amendment also modifies the charges of the Agreement under  !

4-Schedule A, CAPCO Back-up Power; Schedule B, Short Term Power; )

p ard. Schedule C, Non-Displacement Power.

t 1

1 . (See Addendum Attachment 1 - Amendment No. 3 to CAPCO Basic i.

2 Operating Agreement as amended September 1, 1980.)

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c. Changes in transmission with respect to 1) the nuclear plant, l t \
V- 2) intercennections, or 3) connections to wholesale customers.

i 2,) The following changes have been made or are planned for inter-connections with The Cleveland Electric Illuminating Company 4

system:

i i

e) A 345 kV interconnection with the Ohio Edison system,

{

from Perry Plant (CEI) to Hanna Substation (CE) is under j review.

3) l's changes in wholesale customers' connections have occurred between December 15, 1982 and July 1, 1985.

1 4

4

l I

I-O V.

9-

f.- List 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 acquisition or merger.

2) Transfers from one rate schedule to another, including copies of schedules not previously furnished:

Applicant wheels power to the City of Painesville and munici-palities represented by American Municipal Power-Ohio (AMP-0) from the Power Authority of the State of New York under a transmission tariff designated FERC Electric Tariff, Volume 1.

As the result of indications of interest initiated by the City of Cleveland for the transmission of bulk power from The Toledo Edison Company of Toledo, Ohio, from Ontario Hydro of Ontario, O Canada, and from the Big Rivers Electric Cooperative of Kentucky, the Applicant has agreed for the purchase and sale of such power under the Applicant's Short-Term Service Schedule (Addendum Attachment 3).

The Company has also established a Limited Term Schedule with the City of Cleveland (Addendum Attachment 4).

4) Licensee's acquisitions or mergers:

On June 25, 1985, the Applicant and The Toledo Edison Company announced their intention to affiliate under a holding company.

O

e. Changes in design, provisions, or conditions of rate scnedules A) i s,

and reasons for such changes. Rate increases or decreases are not necessary.

On June 16, 1983, an order was issued by FERC regarding the changes the Applicant proposed in wholesale sales to the City of Cleveland.

The Applicant's Emergency Service Schedule A (Addendum Attachment 2) was modified to eliminate Class II (short-term) and Class III (limited-term) emergencies. In conjunction with the elimination of these two sections of the Emergency Schedule, the Applicant a6 reed to separately provide for short and limited term service.

These two new schedules, Schedule C for Short Term Power ( Addendum Attachment 3) and Schedule D for Limited Term Power (Addendum Attach-ment 4) are now in effect between the Applicant and this wholesale customer.

The Applicant's Schedule B for Firm Power was modified to include a 50 per cent demand ratchet, based on the peak monthly usage during the previous 12 months. This replaced the 70 per cent minimum billing demand provision that was in effect. The basis for this change was that the ratchet's benefit to Applicant and other cus-tomers on the Applicant's system outweighed any possible detriment to this wholesale customer ( Addendum Attachment 5).

10 -

O

F

g. ~yist of those capacity additiens committed rer operation after the

~

r-

' ( ,\; nuclear facility, including ownership rights or pcwer output alloca-

~

tions.

Perry Nuclear Power Plant, Unit No. 2, exclusive of its commen facilities, is about 44% co=plete. The CAPCO Group companies I

are reviewing several alternatives with respect to Perry Unit No. 2, includin5 resamption of full scale construction, with a revised estimated cost and completion date, mothballing or cancel-lation. It is uncertain when this review will be completed. In the meantime, the only significant work being performed on Perry Unit No. 2 is that necessary to place Perry Unit No. -1 in service.

Ownership rights and power output allocations for Perry Unit No. 2 remain unchanged from the initial response.

f')

V 12 -

.g.

ti; -Summary of requests or indications of interest by ota.er electric' power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.

p-# 3) As the result of indidations of interest initiated by the

+ Public Utilities Companies of the PJM Group for the trans-

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mission of bulk power from Ohio Edison, the Applicant company

entered into agreements for the purchase and sale of such power effective July 1, 1983 (Addendum Attachments 6 and 7).

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AMENOMEN* No. 3 a .

CAPCO BASIC OPERATING AGREEMENT AS AMENDED SEPTEMBER 1, 1980 THIS AGREEMENT entered into as of the 1st day of July, 1984, by and among The Cleveland Electric Illuminating Company, an Ohio corporation ("CEI"); Duquesne Light Company, a Pennsylvania corporation ("D'"); Ohio Edison Company, an Ohio corporation; Pennsylvania Power Company, a Pennsylvania corporation and a wholly-owned subsidiary of Ohio Edison Company which company and its said subsidiary, except as otherwise provided herein, are considered as a single party for the purposes of this l

Amendment No. 3 and referred T- as ("0E"); and The Toledo Edison Company, an Ohf e t. po' tion ("TE"), each of which is someti:res referred to as a Party and collectively referred to as the Parties or CAPCO Companies.

WITNESSETH WHEREAS, tha Parties entered into the CA'PCO Basic Opera-ting Agreement, as amended September 1,1980, as further amended by Amendment No. I thereto dated August 1, 1981, and as further amended by Amendment No. 2 thereto dated September 1,1982 (said CAPCO Basic Operating Agreement, as so amended, being herein called the " Agreement"), and it has now become desirable to further amend the Agreement to reflect certain understandings; C

Addendum Attachment 1

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\_), WHEREAS, Article 4, Section 4.00, of the Agreement provides tha t the employees of the ,CAJC0 Coordinating Of fice ("Of fice") for administration purposes be carried on the payroll of CEI and that CEI shall be responsible for fiscal administration of the Office; WHEREAS, the Executive Committee of the CAPC0 Companies determined that the Office shall for administrative purposes be the responsibility of Ohio Edison Company; WHEREAS, the CAPCO Coordinating Office Agreement dated as of May 1,1971, as amended July 30, 1975 has been superseded by the Agreement; WHEREAS , Article 6, Section 6.02 of the Agreement provides that each Party shall have an entitlement to receive or an obligation to provide operating capacity or operating capacity and associated energy in the form of CAPCO Unic Back-Up Power, in accordance with (sk s.

the terms of Schedule A of the Agreement, when a CAPCO Unit is out of service; WHEREAS , to effectuate the determination of the Executive Committee that each Party shall thereaf ter manage and be responsible for supplying nuclear fuel to any CAPCO Unit in which it has an ownership interest, Article 6 of the Agreement should be amended so that CAPCO Unit Back-Up Power shall nut be available for a CAPCO Unit when such CAPCO Unit is out of service for the reasons set forth in Schedule I but that instead Replacement Capacity and Replacement Energy should be available when such CAPCO Unit is I

out of service; i

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() UEEREAS, Article 13, Section .13.02 of the Agreement provides that all billing statements shall be due and payable on the 25th day of the. month in which presented or en the 15th day following receipt, whichever date is later, and for the imposition of an interest charge of 1% per month on all unpaid amounts; WHEREAS, the Farties desire to amend Article 13 of the Agr,eement ,to provide a different billing procedure, a revised interest charge on any unpaid amounts, and a different payment schedule for monies due and owing as the resalt of a non-CAPCO party's system's failure to make payment for transactions under the Agreement, all of which are hereaf ter set forth; and WHERIAS, the Parties desire to further modify the Agree- ,

ment, as hereinaf ter set forth. ,

NOW, THEREFORE, in consideration of the premises and of the

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\s-mutual covenants herein set forth, the Parties agree as follows:

Section 1. Section 4.04 is hereby amended to rasd as follows :

4.04 For administration purposes all regular personnel of the Office shall be carried on the payroll of Ohio Edison Company at compensation which shall be as extended to Ohio Edison Company employees similarly situated, and such other monetary or non-monetary benefits as may be required by law.

Such compensation shall include benefits identical to those extended to Ohio Edison Company employees similarly situated.

The Operating Committee shall be advised of changes in com-pensation levels and in benefits of all regular personnel of the Office. Ohio Edison Company shall be responsible for fiscal administration, physical nmintenance and servi-cing of the Office.

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V I Section 2. Secticn L.06-is hereby amended to read as f=11cws

4.06 The Party or Parties incurring expenses associa ted with the es tablishment , construction, expense and operatien of the Office shall bill the Of fice monthly for such ex-penses incurred. The Office through Chio Edison Company shall (a) allocate such expenses in accordance with

'Section 4.05, (b) to the extent pract.icable, of f set or reduce to a net basis such expenses in order to provide a minimum practicable number of payments among the Parties , and (c) render appropriate itemized billing statements to each Party, payable to the Party or Parties incurring such expenses within fifteen days after the mailing date of any such statement. Such billing s tate-O N ments may be rendered on an estimated basis subject to corrective adjustments in subsequent s ta teme n ts . Billing statements to Ohio Edison shall be divided between Chio Edison Company and Pennsylvania Power Company as directed by them.

i Section 3. Section 4.07 is hereby amended to read as follows:

4.07 Ohio Edison Company shall, with the approval of i

the Operating Committee, procure and maintain any insurrnce deemed appropriate in respect of the ownership, operation and maintenance of the Office, and the premium cost thereof shall be deemed an operating expense to be shared by the Parties in accordance with Section 4.05.

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5-Section 4 Section 6.02 is hereby amended to read as follows:

6.02 In order to provide back-up for CAPCO Unit outages ,

each Party shall have an entitlement to receive or an obliga-tion to provide operating capacity and associated energy in the form of CAPCO Back-Up Power. CAPCO Back-Up Power shall be calculated according to paragraph 6.021 and shall be compensated for in accordance with Schedule A of this Agreement; provided, however, such CAPCO Unit Back-Up .

Power shall not be available for any nuclear CAPCO Unit during those periods in which such CAPCO Unit is out of service for the reasons set forth in Schedule I.

Section 5.

' - Section 8.01 of the Agreement as amended by Amendment v)

No. I thereto dated August 1,1981 is hereby further amended by inserting as the fif teenth line of the Section:

" Schedule I - Replacement Power".

Section 6.

Schedule I - Replacement Power, attached hereto as Exhibit "A", is hereby incorporated into the Agreement.

Section 7. Section 13.02 is hereby amended to read as follows:

I Billing statements rendered pursuant to Section 13.01 shall be due and payable within fif teen days af ter the i

mailing date of any such statement. The billing statement date shall be the same as the mailing date. Interest on any unpaid amount shall accrue from the due date of such

() unpaid amount and shall be paid for each month or part L

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thereof at the higher of (a) 1~. er (b) the monthly equiva-

\r lent of the currenk Chase Manhattan Bank Prime Rate, as published quarterly in the CAPCO Accounting and Procedure Manual, in effect during the period in which such amount remains unpaid. Notwiths tanding the foregoing , any billing statement shall not be due and payable to the ex-

. tent tha t (1) any non-CAPCO party system fails to compen-sa te a Party for amounts owed hereunder'in which event

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such Party shall exercise its best efforts to collect such compensation ~ from such non-CAPCO party system and will not comprocise or settle any claim for such compen-sation without prior

  • consent of all other affected Parties , or (2) any non-CAPCO party system's payment O)

( date is later than the fif teen days stated above in which case such billing s atement shall be due and pay-able on the same date as that of the non-CAPCO party sys tem's payment date. To the extent that any non-CAPCO party system compensates a Party in an amount less than the amount the non-CAPCO party system owes the Parties under the Party's billing statement for amounts owed hereunder, each Party shall be entitled to be first compensated for Out-Of-Packet Costs associated with the transaction hereunder and so much of the balance as will result in a sharing of the remainder among the Parties in proportion to the i

amounts owed to such Parties for their respective

() unpaid charges.

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f Section 8. Section 21.02 is hereby amended to read as fellows :

21.02 Any Party may withdraw from this Agreement by giving one year's advance notice in writing to the members of the Executive Committee of the other Parties, provided

- tha t in the event of such withdrawal, the provisions of this Agreement rela ting to coordinated maintenance of CAPCO Units ,

'CAPCO Unit Back-Up Power, CAPCO. Coordina ting Of fice' and CAPCO Replacement Power shall continue in effect until such time as all CAPCO Units are retired. .

Section 9. Subsection 3.2 of Section 3 of Schedule A -

CAPCO Back-Up Power, of the Agreement is hereby amended i

to read as follows:

"3.2 coerating Charge CAPCO Back-Up Power shall be compensated for by the payment of the out-of-Pocket Cost of providing the opera-ting capacity or the operating capacity and energy; plus Up to an amount of 10*. of the Out-Of-Pocket Cost or $2.00 per mW-hr, whichever is less, for CAPCO Back-Up Power pro-vided from the supplying CEI, DL and OE systems; and up to 4 an amount of $2.00 per mW-hr for CAPCO Back-Up Power pro-vided from the supplying TE system; plus Up to an amount of $1.00 per mW-hr for CAPCO Back-Up Power purchased from a Party or a non-CAPCO party system."

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- Section 10. Subsection 2.11 end 2.13 of Section 2 of l tQ' Schedule B - Short Term Power, of the Agreement are here-

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by amended to read as follows:

For any week that Short Term Power is reserved, "2.11 a demand ' charge in an amount up to $850 per mW reserved for that week, less one-sixth of such demand charge per mW of reduction for each day (other than Sunday) during any part of which the amount of such Short Term Power is reduced by the supplying Party; or for any period less than a week but not less than a day that Short Term Power s is reserved, a demand charge in an amount up to $150 per mW per day, less such demand charge per mW of reduction for each day during any part of which the amount of such *

- Short Term Power is reduced by the supplying Party; plus" "2.13 The supplying Party's Out-Of-Pocket Cost of providing operating capacity or operating capacity and energy; plus Up to an amount of 10% of the Out-Of-Pocket Cost for Short Term Power provided from the supplying Ptrty's system; plus Up to an amount of $1.00 per mW-hr for Short Term Power purc'h ased from a Party or a non-CAPCO party system."

Section 11. Subsection 2.1 of Section 2 of Schedule C -

Non-Displacement Power, of the Agreement is hereby amended to read as follows:

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.s . .i O "2.1 Non-Displacement Pcwer shall be compensated for kJ' by return-in-kind c a t the option of the supplying Party by payment of the Out-of-Pocket Cost of providing opera ting capacity or operating capacity and energy, plus any demand charge paid to a non-CAPCO party system for power delivered hereunder; plus Up to an amount of 10% of the Out-Of-Pocket Cost for Non-Displacement Power provided from the supplying Party's system; plus n Up to an amount of $1.00 per mW-hr for Non-Displacement Power purchased from_ a Party or a non-CAPCO party system."

i Section 12. Except as hereinabove amended, all of the terms g and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 3 to be executed by their duly authorized officers.

THE CLEVE ELECTRIC ILLUMINATING COMPANY By ,

Chairnan of thit Board and CEO

41%e sp a w, .:1 a rr DUQUESNE LIGHT COMPANY By >

VICE PRESIDENT CHIO EDISON COMPANY O By bSENIORY.LC1 d .NY 66b b ERF,St.D.Dil

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4-1 THE TOLEDO EDISON COMPANY i

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.~. ..g CAPCO BASIC v/iRATINO AGREEMENT j SCHEDULE I Vl REPLACEMENT POk'ER Section 1. Applicability The Parties recognize the possibility that the start-up of a nuclear CAPCO Unit may be delayed and such CAPCO Unit may be out of service due to the failure of a Party having an ownership interest in such CAPCO Unit to supply its required share of natural uranium in the form of U 038 r UF6 (" Uranium") for such CAPCO Unit for delivery in a timely manner and in a tenant-in-cosanon form of ownership to the United States Department of Energy or other en-richment contractor for

  • enrichment. This Schedule I is applicable to the provision of replacement power in any such limited circum-

. stances where a' Party having an ownership interest in a CAPCO Unit fails to so supply its share of Uranium for enrichment.

Section 2. Services To Be Rendered 2.1 In the event that any Party (s) (" supplying Party")

fails to supply its required share of Uranium for a CAPCO Unit, then any Party (s) (" receiving Party"), which is unable to receive its entitlement of operating capacity and associated energy from such CAPCO Unit as .the direct result of such supplying Party's failure to supply the required Uranium, may during the period that the start-up of such CAPCO Unit is delayed and such Unit is out of service, at such receiving Party's sole option, either (1) arrange for replacement capacity (" Replacement Capacity") and replacement energy (" Replacement Energy") or (2) permit the supplying Party which failed to supply the

p Uranium to provide such Replacement Capacity and Replacement Energy.

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The amount of such Replacement, Capacity on an hourly basis will be up to, at the option of each such receiving Party, an amount equal to such receiving Party's ownership interest in such CAPCO Unit times the effective average capacity factor achieved by such CAPCO Unit during the last fuel cycle (excluding refueling) prior to such CAPCO Unit being out of service. Any amount of Replacement Energy may be scheduled by such receiving Party out of such Replacement Capacity.

If such CAPCO Unit has not yet attained sufficient operating experience to establish such effective average' capacity factor, then such effec-tive average capacity factor shall be deemed to be the same as the most recent comparable experisnce of any like CAPCO Unit at such CAPCO Unit site. Such transactions shall be arranged weekly in advance between the receiving Party and supplying Party and shall .

specify the amount of Replacement Capacity and Replacement Energy to be provided, if any, and the hours it is to be provided.

2.2 Replacement Capacity and Replacement Energy provided under this Schedule I will be made available to receiving Parties in proportion to their entitlements and from supplying Parties in proportion to their obligations. Replacement Capacity and Replace-1nent Energy obligations not reserved by the receiving Party shall be deemed released by the receiving Party for that week.

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3 S ectier'. 3. Commensation 3.1 If the supplyi.ng Party supplies such Replacement Capacity and Replacement Energy hereunder from its syste=, the supplying Party shall be compensated at a rate equal to the receiving Party's average actual fuel cost of generation from the subject CAPCO Unit (in dollars per net mW-hr) during the last fuel cycle prior to such CAPCO Unit being out of service calculated in accordance with the operating agreement for such CAPCO Unit. If such CAPCO Unit has not yet attained sufficient operating experience to establish such average actual fuel cost of generation, then such average actual fuel cost of generation shall be deemed to be the same as the most recent fuel cycle experienced at any like CAP,CO Unit a c such CAPCO Unit site. It is understood that no i

additional operating capacity payments are to be made other than as

  • ( included in the fuel cost (per net mW-hr) s ta ted above. ,

V 3.2 If the receiving Party arranges such Replacement Capacity and Replacement Energy from other than the supplying Party, the supplying Party shall compensate the receiving Party an amount for any demand charge and Out-Of-Pocket costs incurred by such receiving Party in the purchase of such Replacement Capacity or Replacement Capacity and Replacement Energy in excess of the average actual fuel cost provided for under section 3.1 above.

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s SERVICE ~ SCHEDULE A EMERGENCY SERVICE ,

Under Agreement dated April 17, 1975 Between i The Cleveland Electric Illuminating Company and i The City of Cleveland, Department of Public Utilities

> SECTION 1 - DURATION i

1.1 This Service Schedule, a part of an Agreement dated April 17, 1975, (Agreement) between The Cleveland Electric Illumi-nating Company and the City of Cleveland, shall become

() effective upon filing and approval hereof and shall remain in effect until five years after notice of cancellation i shall have been given by either Party.

1.2 This Schedule shall be subject to the jurisdiction of the

! governmental bodies have jurisdiction. This Schedule, the i

services to be rendered, compensation and the terms, condi-tions and rates included herein are subject to being super-seded, changed or modified either in whole or in part, made from time to time by a legally effective filing of CEI with 1

or by order of the regulatory authority having jurisdiction, and both CEI and the City shall have the right at any time

- to seek unilaterally superseding services, compensation, terms, conditions and rates from such authority.

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.. j i SECTION 2 - SERVICES TO BE RENDERED j 2.1 In the event of a breakdown or other emergency in or on the j system of either party involving either sources of power or transmission facilities or both, which impairs or jeopard-i es the ability of the Party suffering the emergency to meet the loads of its system, the other Party shall deliver to such Party electric service in amounts up to and includ-ing 100 MVA, which 100 MVA is hereby designated and herein called Emergency Capacity.' Such capacity limitations may be changed from time to time as the capacity of the inter-connection may be increased pursuant to determination of the operating Committee established by Article 3.

O 2.2 zhe Parties recognise that.the de11very .f e1ectric service up to and including the Emergency Capacity as provided for in Subsection 2.1 of this Section 2 is subject to two condi-tions which preclude the delivery of the total energy requested: (1) the system of a Party may be suffering an emergency in or on its own system as described in said Sub-section 2.1, or (2) the system of a Party may be delivering electric energy, under a mutual emergency interchange agree-ment, to the system of another interconnection company which is suffering an emergency in or on its system. Under condi-tions as cited under (1) above, neither party shall be con-sidered to be in default hereunder if it is unable to comply with the provisions of said Subsection 2.1 provided that the

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aforesaid interconnected- company has suf fered said emergency in or.on its system prior to and within forty-eight. hours of l

that of the other Party hereto and that if requested by said other Party, such delivery of electric energy to said inter-

. connected company shall ine discontinued within forty-eight hours following the start of such delivery, except to the extent precluded by the terms of a mutual emergency inter-change agreement entered into prior to the date of this agreement, and a subsequent delivery shall be made to said other Party in accordance with the provisions of said Sub-section 2.1.

SECTION 3 - BILLING 3.1 Billing of and compensation for service under this agreement shall'be based on scheduled deliveries of power, unless actual deliveries exceed scheduled deliveries, in which case actual metered deliveries shall provide the basis for bill-ing and compensation, or unless the Party is unable to pro-vide the amounts scheduled, in which case actual deliveries shall be the basis for billing and compensation. Billing of the compensation for energy charges shall be based upon actual metered quantities except as provided for in Article 4.3.2 of the Agreement.

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LO 3.2 When the City buys emergency power from CEI, the amount of

.the Ohio Excise Tax that CEI is required to pay resulting j I from such sales to the City shall be governed by the provi-i sions of Article 12 of the Agreement of which this Service I

Schedule is a part.

3.3 Each separately identified emergency shall be communicated to the other Party under the rules and procedures estab-lished by the operating Committee and shall be treated as a

, separate emergency and billed accordingly.

SECTION 4 - EMERGENCY ENERGY 4.1 An Emergency' transaction is a scheduled transaction wherein .

one Party supplies energy to the other Party which said <

Party cannot supply because of a breakdown or other emer-(]}

gency in or on the system of either Party involving either sources of power or transmission facilities or both, which impairs or jeopardizes the ability of the Party suffering the emergency to meet the loads of its system.

. 4.2 For supply of Emergency Energy, the receiving Party shall pay to the supplying Party the sum of the following:

i 4.2.1 For Emergency Energy provided on the supplying Party's own system

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a. the cost of generating such energy; plus
b. $1.40 per megawatthour fc. any such energy sup-1 plied; plus i

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4.2.2 For Emergency Energy obtained for this purpose from other systems not a party to this Agreement:

a. the amount paid therefor by the supplying Party; plus i
b. 50.50 per megawatthour for any such energy supplied.

SECTION 5 - EXTENDED EMERGENCY SERVICE 5.1 Extended Emergency Service is provided whenever Emergency Energy is supplied by one Party to the other Party on two or more consecutive days.

5.2 Except for the first day on which Extended Emergency Service begins, the Party receiving such service shall pay the supplying Party the sum of the following charges in addition

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to those described in Section 4 above 5.2.1 An extended Emergency Generation Charge of $5.00 per megawatthour of Emergency Energy provided on the supplying Party's own system; plus 5.2.2 An extended Emergency Transmission Service Charge of 51.20 per megawatthour of Emergency Energy obtained i -

by a Party from other systems not party to this agreement for supply to the other Party.

5.3 Any Emergency Energy supplied by one Party to the other which is scheduled for delivery to a system not a Party to this agreement shall be considered to be Extended Emergency i

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applied on the first day of such supply and all subsequent 1

days thereafter. .

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SERVICE SCHEDULE C SHORT TERM' POWER Under Agreement Dated April 17, 1975 Between The Cleveland Electric Illuminating Company and The City of Cleveland, Department of Public Utilities SECTION 1 - DURATION This Service Schedule, a part of an Agreement dated April 1.1 17, 1975, (Agreement) between The Cleveland Electric Illuminating company and the City of Cleveland shall become

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effective upon the filing and approval hereof and shall remain in effect until five years after notice of t cancellation shall have been given by either party.

1.2 This Schedule shall be subject to the jurisdiction of the 1

governmental bodies having regulatory authority over services; rendered hereunder. This Schedule, the services to i

be tendered, compensation 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 be a legally effective filing of CEI with or by order of the governmental regulatory authority having jurisdiction and both CEI and the City shall have the right

() at any time to seek unilaterally .=uperseding services, Addendum Attachment 3

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compensation, terms and conditions, and rates from such regulatory au'thority.

SECTION 2 - SERVICES TO BE RENDERED 2.1 Either party may arrange to reserve from the other party, (a) electric power (" Weekly Short Term Power") for periods

' of one or'nore weeks or (b) electric power (" Daily Short

, Term Power") for periods of one or more days whenever such i

power is reasonably available. No preference shall be given I

to any potential Weekly or Daily Short Term Power customer with respect to any other potential Weekly or Daily Short l Term Power customer. No preference shall be given to any potential Weekly or Daily Short Term Power customer with

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i respect to any retail customer; which means in part that (1) the supplying party will not be required to curtail an ongoing service to any other customer in order to initiate Weekly or Daily Short Term Power service nnder this Servica Schedule C; and (2) Weekly or Daily Short Term Power service hereunder will not be g'.ven indefinite curtailment preference over service to the supplying party's retail interruptible customers; rather, the supplying party shall have the right during periods of extended curtailment, upon reasonable notice to the reserving party, to curtail Weekly or Daily Short Term Power service hereunder in order to resume service to its retail interruptible customers;

() provided that, any curtailment of Weekly or Daily Short Term l

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Power Service hereunder 'in order to permit service to the supplying party's retail interruptible customers shall be applied uniformly and equitably to all the supplying party's Weekly and Daily Short Term Power customers. As used herein the term " week" shall mean any seven consecutive calendar .

days, and the term " day" shall mean a twenty-four hour period commencing at 12 o' clock midnight and ending at the next following 12 o' clock midnight. In the event (1) the party requested to supply Weekly or Daily Short Term Power advises the reserving party that such power is not -

available, or (2) the supplying party curtails an ongoing transaction, then the supplying party shall promptly, upon O request, furnish in writing to the reserving or purchasing party, estimates of loads, capacities and other relevant

- data by means of which the reserving or purchasing party can assess the availability of such power or need for curtailment.

2.11 Sales of Weekly or Daily Short Term Power hereunder shall be scheduled and dispatched in the same man.ter as that -

applicable to other purchasers of such service from the supplying party. Prior to each reservation of Weekly or Daily Short Term Power, the number of kilowatts to be reserved, the period of the reservation, and the. source of such power if the supplying party is in turn reserving such power _from another interconnected system (" Third Party"),

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t shall be determined b'y the parties. Pursuant to Section 5.1 of this Service Schedule C, the reserving party shall furnish to the supplying party a written confirmation of the reservation and the schedule delineating the quantities of power to be delivered during the period of the reservation if requested by the supplying party. The supplying party shall dispatch the scheduled quantities; however, in accordance with Section 5.2 of this Service Schedule C, the reserving party can revise the schedule up to the reserved amount with-sufficient notice to the supplying party. The right of the reserving party to request power at any time and the right of the reserving" party to revise a written

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schedule are not intended as substitutes for good faith observance of established multilateral procedures by which

,1 potential power purchasers communicate with potential power sellers to buy and sell power on a nondiscriminatory basis.

If, during a reservation period, conditions arise that could not have been reasonably foreseen at the time of the reservation and cause the reservation to be burdensome to the supplying party or its system, such party may by oral notice to the reserving party, such oral notice to be later confirmed in writing if requested by either party,. reduce the number of kilowatts reserved by such amount and for such time as it shall specify in such notice, but kilowatts

() reserved hereunder that the supplying party is in turn

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reserving from another system may be reduced only to the extent they are reduced by such other system or when during such period conditio7s arise that could not have been reasonably foreseen at the time of the reservation and cause the transmission to be burdensome to the supplying party's system.

2.12 During each period that Weekly or Daily Short Term Power has been reserved, the party that,has agreed to supply such power shall upon call by the reserving party deliver associated electric energy (" Weekly or Daily Short Term Energy" to the reserving party at a rate during each hour of up to and including the number of kilowatts reserved.

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e ION 3 - COMPENSATION 3.1 Tae reserving party of Weekly or Daily Short Term Power shall pay the supplying party Demand Charges for such Short Term Power at the following rates:

3.11 Weekly Short Term Power 3.111 When the City is the supplying party at the rate

- of $1.25 per kilowatt reserved per such week.

3.112 When CEI is'the supplying party at the rate of 50.85 per kilowatt reserved per such week.

' 3.113 In the event the amount of Weekly Short Term Power taken is reduced upon request of the supplying party, the demand charge for each (other than Sunday) during which any reduction

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of the aforesaid supplying party's weekly demand rate per kilowatt of reduction.

3.12 Daily Short Term Power 3.121 For any day that Daily Short Term Power is reserved by either party, the daily demand rate shall be equal to the rate one-fifth (1/5) of the supplying party's Weekly Short Term Power demand rate.

3.122 In the event the amount ofl Daily Short Term Power taken is reduced upon request of the supplying party, the demand charge for each day O . during which such reduction is made shall be reduced by one-fifth (1/5) of the above weekly demand ' rate per kilowatt of reduction.

3.13 Third Party Weekly Short Term Power .

3.131 When the City is the supply party:

For any week that Weekly Short Term Power is

- reserved from a Third Party at the rate of 50.35  :

per kilowatt reserved per week plus the demand charge paid therefore by the supplying party to the Third Party.

3.132 When CEI is the supplying party:

For any week that Weekly Short Term Power is reserved from a Third Party at the rate of $0.24

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I w----------- - - -- - - - -- - ----

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per kilowatt reserved per week plus the demand charge paid therefor by the s'upplying party to the Third Party.

3.133 In the event the amount of Weekly Third Party Short Term Power t'aken is reduced upon the request of Third Party, the demand charge for each day (other than Sunday) during which such reduction is in effect shall be reduced by one-sixth (1/6) of the total weekly charge in Subsections 3.131 and 3.132 above per kilowatt of the reduction. .

() , 3.14 Third Party Daily Short Term Power 3.141 When the City is the supplying party:

For any day that Short Term Power is reserved from a Third Party at the rate of $0.070 per kilowatt reserved per day plus the demand charge paid therefor by the supplying party to the I

Third Party.

s 3.142 When CEI is the supplying party:

for any day that Short Term Power is reserved from a Third Party at the rate of $0.048 per kilowatt reserved per day plus the demand charge paid therefore by the supplying party to the Third Party.

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3.2 The reserving party shall pay the supplying party Energy charges at the following rates for all Short Term Energy delivered pursuant to Subsection 2.12 above:

3.21 When the City is the supplying party:

(a) for each kilowatthour that is generated by the supplying party's system 110% of the out-of-pocket i

costs (including all operating, maintenance, tax,

- transmission losses and other expenses incurred

' that would not have been incurred if the energy had not been supplied) of supplying Short Term Energy called for during such period; plus (b) f,or each kilowatthour purchase,d by the supplying O

3 party from a Third Party to supply the Short Term Energy called for during such~ period, 100% of the amount of the energy charge paid therefor by the j supplying party plus 1 mill plus any transmission losses, taxes and other expenses incurred that 4

would not have been incurred if such purchase had not been made.

3.22 When CEI is the supplying party:

(a) for each kilowatthour that is generated by the supplying party's system, 100% of the out-of-pocket cost (including all operating, maintenance,

' tax, transmission losses and other expenses r

incurred that would not have been incurred if the

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energy had not' been supplied) of supplying Short Term Energy called for during such period plus 1.1 mills per kilowatthour; plus (b) for each kilowatthour purchased by the supplying party trom a Third Party to supply the Short Term Energy called for during such period, 100% of the amount paid therefor by the supplying party plus M 0.5 mills plus taxes, and other expenses incurred that would not have been incurred if such +

purchases had not been made..

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3.3 Payment shall be based on scheduled quantities unless .

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curtailed by the supplying partyr provided, however, that if O~ rhe reserving party changes the quantity of energy scheduled in any hour pursuant to Section 5.2 of this Service Schedule i - C, the buyer shall pay for the amount of power delivered if it is greater than the amount of power' initially scheduled.

SECTION 4 - ORIO EXCISE TAX

! 4.1 In addition to the rates provided herein, the City shall pay to CEI the amount of Ohio Excise Tax that CEI is required to pay for receipts from sales of power and energy to the City.

In the event it is determined that CEI is not legally required to pay such tax, CEI shall within 30 days from the date of'such determination file rate schedules to eliminate such ta..es on receip'ts from all power and energy

(),,' transactions including interest.

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SECTION 5 - OTHER PROVISIONS 5.1 In conformance with accepted industry practices, the reserving party will notify the supplying party of its desire to purchase Weekly or Daily Short Term Power. Within a reasonable time thereafter, and with due regard for its other responsibilities at the time, the supplying party will make known to the reserving party the reasonable availablity of Weekly or Daily Short Term Power, the estimated price of such power and any conditions for such power. It is recognized that the length of time required by CEI to respond to any request by the City for Weekly or Daily Short .

Term Power Service is dependent in part,upon the umgnitude

(])

and duration of the proposed transaction..and conditions existing on CEI's system, and that approval of certain transactions may require authorization by an officer of the Company. The reserving party will orally confirm the Weekly or Daily Short Term Power purchase and, if requested, shall further confirm such purchase at least but not limited to three days before the start of a Weekly Short Term Power arrangement and at least but not limited to one day before the start of a Daily Short Term Power arrangement.

5.2 In conformance with accepted industry _ practices concerning the scheduling and dispatching of the reserving party's schedule, such schedule to have been received by the

() supplying party as set forth in Paragraph 5.1, the supplying

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party shall schedule sufficient power to meet system requirements including Weekly and/or Daily Short Term Power schedules in effect. In the event cost estimates change .

l materially, the supplying party will notify the receiving party of such estimated cost changes. The reserving party can occas'ionally, because of unusual circumstances, change ,

the schedule and should provide at least one-day notice for such schedule change up to the reserved amount.

5.3 In the event the supplying party receives requests for Weekly or Daily Short Term Power in excess of the quantity of power reasonably available for sale as Weekly or Daily .

Short Term Power, the supplying party shall have the right to allocate available power equitably among all prospective purchasers in conformance with accepted industry practices and consistent with the exercise of its sound business j udgme nt. The supplying party may consider any factors it deems to be relevant, including, but not limited to, the ,

r time the respective requests were received, the amount of power requested, the duration of the request, alternatives available to particular purchasers, and the likelihood that a particular purchaser may be able to provide reciprocal assistance to the seller at some point in the future, in making such allocation.

5.4 In conformance with accepted industry practices, in the event Weekly or Daily Short Term Power needs to be curtailed

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by the supplying party, the supplying party will give the reserving party as much advance oral notice of such curtailment as possible. Such advance r.otice may include but not be limited to (1) the reason for curtailment (2) the amount of power to be curtailed, and (3) the estimated length of time for such curtailment.

5.5 Except as specifically set forth, nothing contained herein shall require either party to maintain records not otherwise needed for the conduct of its operations, or to provide reports or records to the other party which are not norr. ally provided to other entities with which it exchanges Short

() Term Power. ,

5.6 All transactions under this Service Schedule C - Short Term Power shall conform to accepted industry practices and shall be implemented by the supplying party on a nondiscriminatory basis. Any uncertainties with respect to the administration of this Service Schedule C - Short Term Power shall be resolved by the Administration Committee or the operating Committee established pursuant to Section 3.0 of the Agreement.

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by the' supplying parry, the supplying party will give the reserving party as much advance oral notice of such.

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curtailment as possible. Such advanee notice may include but'not be limited to (1) the re'ason$fSr

curtailment (2) the amount cf p'ower.to be custalled, andf.('3)'.the estimated ~

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length ~of: .time L. .

for such curtailmentr:.  ;' - ' -

5.5 Except as specifically set forth,~.nothing contained herein

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shall require either party to maintain' records not otherwise needed for the conduct of its operations, or to provide ,

reports or records to the other party"which are not normally e

provided to other entities with which it' exchanger Short

() Term Power. ,

5.6 All trans etions under thir Service Schedule C - Short Term Power shall conform to accepted industry practices and shall be implemented by the supplying party on a nondiscriminatery basis. Any uncertainties with respect to the administration of this Service Schedule C - Short Term' Power shall be resolved by the Administration Committee or the operating Committee established pursuant to Secti7n 3.0 of the Agreement.

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by the supplying party, the supplying party will give the reserving party as much advance oral notice of such curtailment as possible. Such advance notice may include but not be limited to (1) the ' reason 'for ' curtailment (2) the amount of power..to be curtailed, and (3) the estimated .

I length of time for 'such ' curtailment. p'. -

5.5 Except as specifically set forth,.'nothing contained herein shall require either party to maintain records not otherwise needed for the conduct of its operations, or to provide ,

reports or records to the other party 'which are not normally provided to other entities with which it exchanges Short

() 5.6 Term Power. ,

All transactions under this Service Sche'dule C - Short Term Power shall conform to accepted industry practices and shall be implemented by the supplying party on a nondiscriminatory basis. Any uncertainties with. respect to the administration of this Service Schedule C - Short Term Power shall be resolved by the Administration Committee er the Operating Committee established pursuant to Section 3.0 of the Agreement.

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party shall schedule sufficient power to meet syste=

requirements including Weekly and/or Daily Short Term Power schedules in effect. In the event cost estimates change materially, the supplying party will: m notify the receiving party of such estimated cost changes. ,The reserving party-

.d; .. .j. \ .9 .._- ..

ca'n occasionally, because of'unusua12 circumstances, change .

the schedule and should provide'at.'least one-day notice for

....aq, such schedule ' change up to the~ reserved amount.

S.3 In the event the supplying party receives requests for -

~ Weekly or Daily.Short Term Power l,in' excess of the quantity

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of power reasonably available for sale as Weekly or D'aily .

Short Term Power, the supplying par'ty shall have the right f3 V to allocate available. power equitably among all prospective purchasers in conformance with accepted industry practices and consistent with the exercise of .its sound business judgment. The supplying party may consider any factors it deems to be relevant, including, but not limited to, the timetherespectiverequests.wererheeived,theamountof power requested, the duration of the request, alternatives

, f available to particular purchasers, and the likelihood that a particular purchaser may be able to provide reciprocal assistance to the seller at some point in the future, in making such allocation.

5.4 In conformance with accepted industry practices, in the event Weekly or Daily Short Term Power needs to be curtailed

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party.shall schedule sufficient power to meet system requirements including Weekly and/or Daily Short Term Power schedules in effect.' In the event, cost estimates change ....1 c materially, the supplying party wil'15 notify the receiving party of such estimated cost ' changes._; The reserving party

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can occasionally, because of-unusual? circumstances,;

change the schedule and sh'ould provide,'at,least one-day notice for i

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such schedule ' change up to"the reserved amount.

5.3 In the event the supplying party receives requests for Weekly or Daily Short Term ' Power-in ' excess of the quantity ,

of power reasonably available for sale as Weekly or Daily ,

Short Term Power, the supplying party shall have the right

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to allocate available power equitably among all prospective purchasers in conformance with' accepted industry practices and consistent with the exercise of its sound business judgment. The supplying party may consider any factors it deems to be relevant, including, but not'11mited to, the t'ime the respective requests.were received, the amount of power requested, the duration of the request, alternatives i available to particular purchasers, and the likelihood that .

a particular purchaser may be able to provide reciprocal assistance to the seller at some point in the future, in making such allocation.

5.4 In conformance with accepted industry practices, in the i

() event Weekly or Daily Short Term Power needs to be curtailed

-104

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SECTION 5 - OTHER PROVISIONS

.. 5.1 In conformance with accepted industry practices, the reserving party will notify'the supplying party of its ,

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desire..to purchase Weekly or. Daily.Short'Teim Power. Within

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a reasonable time thereafter, and 'with due. regard:fori.its c.., .- .

other' responsibilities'at the.t'ime,ith'e iup' plying' party will

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make known to the reserving party,the** reasonable availablity a, . z[.c.. . g; ,.. . r .. .

of Weekly or Daily Short Term Power,' .the' estimated price of such power and any conditions for such power. It is recognized that the length of' time required by CEI to ,

respond to any request by the City for Weekly or Daily Short O. Term Power Service is dependent iu part .wn the magnitude .

and duration of the proposed transaction,and conditions existing en CEI's system, and that approval of certain transactions may require authoriz.ation by an officer of the Company. The reserving party will orally confirm the Weekly orDailyShortTermPowerpurchaseand,]ifrequested,shall further confirm such purchasa at least but not limited to three days before,the start of a Weekly Short Term Power arrangement and at least but not limite'd'to.one day before the start of a Daily Short Term Power arrangement. l 5.2 In conformance . tith accepted industry practices concerning the scheduling and dispatching of the reserving party's schedule, such schedule to have been received by the supplying party as set forth in Paragraph 5.1, the supplying

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SECTION 5 - OTHER PROVISIONS 5.1 In conformance with accected industry practices, the reserving party'will notify'the supplying party of its

~ desire to purchase Weekly. or . Daily..Short' Term Power. Within

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a reasonable time thereafter, and with due. regard'for its other responsibilities'at the.fime,',th'e's'upplyir.g' party will

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make known to the reserving party the reasonable availablity

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of Weekly or Daily Short Term Power,3the . estimated price of such power and any conditions for such power. It is  ;

recognized that the length of time required by CEI to j

. i respond to any request by the City for Weekly or Daily Short Term Power Service is dependent in part,bpon the magnitude

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and duration of the preposed transaction,and conditions  ;

existing on CEI's system, and that approval of certain transactions may require authoriz.ation by an officer of the Company. The reserving party will orally confirm the Weekly or. Daily Short Term Power purchase and, if requested, shall further confirm such purchase at least but not' limited to thr.ee days before,the start of a Weekly Short Term Power arrangement and at least but not limite'd to one day before the start of a Daily Short Term Power arrangement. ,

In conformance with accepted industry practices concerning 5.2 the scheduling and dispatching of the reserving party's schedule, such schedule to have been received by the

() supplying party as set forth in Paragraph 5.1, the supplying

SERVICE SCHEDULE D LIMITED TERM POWER Under Agreement Dated April 17, 1975 Between The Cleveland Electric Illuminating Company and The City of Cleveland,-Department of Public Utilities 3

SECTION 1 - DURATION , ,

1.1 This Serv' ice Schedule, a part of an Agreement dated April 17, 1975, (Agreement) betwe'en The Cleveland Electric Illuminating Company and the City of Cleveland 'shall become

() effective upon the filing and approval hereof and shall remain in effect until five years after notice of cancellation shall have been given by either party.

1.2 This Schedule shall be subject to the jurisdiction of the governmental bodies having regulatory authority over service rendered hereunder. This Schedule, the services to be rendered, compensation 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 be a legally effective filing of CEI with or by order of the governmental regulatory authority having jurisdiction and

() . Addendum Attachment 4 l <

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both CEI and the City,shall have the right at any time to seek unilaterally superseding services, compensation, terms and conditions, and rates from such regulatory authority. .

SECTION 2 - SERVICES-TO BE RENDERED 2.1 Eithe'r party may arrange to reserve from the other party, for periods of not less than one or more than 12 months, such electric power (" Limited Term Power") whenever such power is re,asonably available. No preference shall ce given to any potential Limited Term Power customer with respect to any other potential Limited Term Power customer. No preference sha'll be given to any potential Limited Term .

Power customer with respect to any retail customer; which O meanz in part that (1) the supplying parfy will not be required to curtail an ongoing service to any customer in order to initiate Limited Term Power service under this Service Schedule D; and (2) Limited Term Power service hereunder will not be given indefinite curtailment preference over service to the supplying party's retail interruptible customers; rather, the supplying party shall have the right during periods of extended curtailment, upon reasonable notice to the reserving party, to curtail Limited Term Power service hereunder in order to resume service to its retail interruptible customers; provided, that any curtailment of Limited Term Power service hereunder in order to permit service to the supplying party's retail

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interruptible customers shall be applied uniformly and equitably to all the supplying party's Limited Term Power customers. In the event (1) the party requested to supply Limited Term Power advises the reserving party that such power is not available, or (2) the supplying party curtails an ongoing transaction, then the supplying party shall promptly, upon request,, furnish in writing to the reserving or purchasing party, estimates o'f loads, capacities and other relevant data by means of which the reserving er purchasing party can assess the availability of such power or need for curtailment.

l 2.11 Sales of Limited Term Power hereunder shall be I) scheduled and dispatched in the same manner as that applicable to other purchasers of such service from i

the supplying party. Prior to each reservation of l

Limited Term Power, the number of kilowatts to be reserved, the period of the reservation, and the l

source of such power if the supplying party is in turn reserving such power from another interconnected system (" Third Party"), shall be determined by the parties. . Pursuant to Section 5.1 of this Service Schedule D, the reserving party shall furnish to the

. supplying party a written confirmation of the reservation and the schedule delineating the quantities of power to be delivered during the period

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of the reservation if requested by the supplying party

-The supplying party.shall dispatch the scheduled quantities; however, in accordance with Section 5.2 of this Service Schedule D, the reserving party can-revise the schedule up to the reserved amount with sufficient notice to the supplying party. The right of the requesting party to request power at any time and the right of the reserving party to revise a written schedule are not intended as substitutes for good faith observance of the established multilateral procedure by which potential power purchasers communicate with potential power sellers to buy and sell power on a nondiscriminatory basis. If, during a reservation period, conditions arise that could not have been reasonably foreseen at the time of the reservation and cause the reservation to be burdensome to the supplying party or its system, such party may by oral notice to the reserving party, such oral notice to be later confirmed in writing if requested by either party, reduce the number of kilowatts reserved by such amount and for such time as it shall specify in such notice, but kilowatts reserved hereunder that the supplying party is in turn reserving from another system may be reduced only to the extent they are reduced by such other system or

(_/ 1 when during such period, conditions arise that could

.not have been reasonably foreseen at th e t i me of the reservation and cause the transmission to be burdensome to the supplying party's system.

2.12 During each period that Limited Term Power has been reserved, the party that has agreed to supply such power shall upon call by the reserving party deliver associated electric energy (" Limited Term Energy") to the reserving party at a rate during each hour of up to and including the number of-kilowatts reserved.

SECTION 3 - COMPCNSATION 3.1 When the City is the supplying party and CEI is the ,

() reserving party, then CEI shall pay the City:

3.11 for any month that Limited Term Power is reserved S5.50 per kilowatt reserved; plus 3.12 for each kilowatt of the reserved Limited Term Power that is purchased by the supplying party from another system, (a) the excess, if any, of the amount paid therefore by the supplying party over the charge s

therefore under Subsection 3.21 of this Schedule (or, if such amount is less than such charge, minus the deficiency) plus (b) for each month such Limited Term Power is reserved, $1.50 per kilowatt; plus O

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3.13 110% of the out-of pocket cost (including all

. operating, maintenance, tax, transmission losses and other expenses incurred that would not have been incurred if the energy had not been supplied) of supplying Limited Term Energy called for during such period that is generated by the supplying party's system; plus 3.14 for each kilowatt hour purchased by the supplying i

party from another interconnected system to supply Limited Term Energy called for d,uring such period, 100% of the amount paid therefore by the supplying party plus 1 mill plus transmission losses and taxes

() incurred.

3.2 When CEI is the supplying party and the City is the reserving party, then the City shall pay:

3.21 for any month that Limited Term Power is reserved

$4.50 per kilowatt reserved; plus 3.22 for each kilowatt of the reserved Limited Term Power that is purchased by the supplying party from another system, (a) the excess, if any, of the amount paid therefore by the supply.ng party over the charge therefore under Subsection 3.11 of this Schedule (or, if such amount is less than such charge, minus the deficiency) plus (b) for each month such Limited Term Power is reserved, $1.00 per kilowatt; plus O

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3.23 100% of the out-of'-pocket cost (including all operating, maintenance, tax, transmission losses and other expenses incurred that would not have been incurred if the energy had not been supplied) of supplying Limited Term Energy called for during such period that is generated by the supplying party's system plus 1.1 mills per kilowatthour; plus 3.24 for each kilowatthour purchased by the supplying party from another interconnected system to supply Limited Term Energy called for during such period,100% of the amount paid therefore by the supplying party plus 0.5 mills plus taxes incurred.

3.3 Payment shall be based on scheduled quantities unless curtailed by the supplying party; provided, however, that if the reserving party changes the quantity of energy scheduled in any hour pursuant to Section 5.2 of this Service Schedule C, the buyer shall pay for the amount of power delivered if it is greater than the amount of power initially scheduled.

s SECTION 4 - CHIO EXCISE TAX 4.1 In addition to the rates provided herein,-the City shall pay to CEI the amount of Ohio Excise Tax that CEI is required to pay for receipts from sales of power and energy to the City.

In the event it is determined that CEI is not legally' required to pay such tax, CEI shall within 30 days from the

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j- .

date of such determination file rate schedules to eliminate such taxes on receipts from all power and energy i transactions including interest.

i i SECTION 5 - OTHER PROVISIONS j 5.1 In'conformance with accepted industry practices the reserving party will notify the supplying party of its desire to purchase Limited Term Power. Within a reasonable time thereafter, and with due regard for its other respon-I sibilities at the time, the supplying party will make known i to the reserving party the reasonable availability of .

i

Limited Term Power, the estimated price of such power and

()-

any conditions for such power. It is recognized that the ,

i length of time required by CEI to respond to any request by

the City for Limited Term Power Service is dependent in part upon the magnitude and duration of the proposed transaction and conditions existing on CEI's system, and that approval of certain transactions'may require authorization by an officer of the Company. The reserving party will orally confirm the Limited Term Power purchase and, if requested, shall further confirm such purchase with a letter of reservation and preliminary schedule for such purchase at least but not limited to three days before the start of a Limited Term Power arrangement.

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5.2 In conformance with accepted industry practice concerning the scheduling and dispatching of the reserving party's schedule, such schedule to have been received by the supplying party as set forth in Section 5.1, the supplying party shall schedule sufficient power to meet system requirements including Limited Term Power schedules in effect. In the event cost estimates change materially, the supplying party will notify the receiving party of such estimated cost changes. The reserving party can occa8ionally, because of unusual circumstances, change the schedule and should provide at least one-day notice for such schedule change up to the reserved amount.

() 5.3 In the event.the cupplying party receives requests f'or Limited Term Power in excess of the quantity of power reasonably available for sale as Limited Term Power, the supplying party shall have the right to allocate available power equitably among all prospective purchasers in conformance with accepted industry practices and consistent with the exercise of its sound business judgment. The supplying party may consider any factors it deems to be relevant, including, but not limited to, the time the respective requests were received, the amount of power requested, the duration of the request, alternatives available to particular purchasers, and the likelihood that O

I) ~~~_

a particular purchaser may be able to provide reciprocal assis'tance to the seller at some point in the future, in making such allocation.

5.4 In conformcnce with accepted industry practices, in the event Limited Term Power needs.to be curtailed by the supplying party, the supplying party will give the reserving party as much advance oral notice of such curtailment as

, possible. Such advance notice may include but not be limited to (1) the reason for curtailment, (2) the amount of power to be curtailed, and (3) the estimated length of time for such curtailment. .

5.5 Except as specifically set forth, nothing contained herein i shall require either party to maintain records not otherwise needed- for the conduct of its operations, or to provide reports or records to the other party which are not normally provided to other entities with which it exchanges Limited Term Power.

5.6 All transactions under this Service Schedule D - Limited Power shall conform to accepted industry practices and shall be' implemented by the supplying party on a nondiscriminatory basis. Any uncertainties with respect to the administration of this Service Schedule D - Limited Power shall be resolved by the Administration Committee established pursuant to l

Section 3.0 of the Agreement.

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SERVICE SCHEDULE B FIRM POWER SERVICE Under Agreement dated April 17, 1975 Between The Cleveland Electric Illuminating Company and The City of Cleveland, Department of Public Utilities SECTION 1 - DURATION 1.1 This Service Schedule, a part of an Agreement dated April 17, 1975 (Agreement) between The Cleveland Electric Illumi-nating Company and the City of Cleveland, shall become

' (])

effective upon the filing and approval hereof and shall remain in effect until five years after notice of cancella-tion shall have been given by either Party.

1.2 This Schedule shall be subject to the jurisdiction of the governmental bodies having regulatory' authority over ser-vices rendered hereunder. This Schedule, the services to be rendered, compensation and the terms, conditions and rates I included herein are subject to being superseded, changed or modified either in whole or in part, made from time to time by a legally ef fective filing of CEI with or by order of the

. governmental regulatory authority having jurisdiction, and O Addendum Attachment 5

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both CEI and the City shall have the right at any time to seek unilaterally superseding services, compensation, terms and conditions and rates from such regulatory authority.

SECTION 2 - SERVICES TO BE RENDERED 2.1 CEI shall be obligated to provide and the City shall be entitled,to receive and be obligated to pay for on the terms and conditions set forth in this Service Schedule 2 electric power (Firm Power) and associated electric energy (Firm Energy). Throughout the duration of this Service Schedule B, CEI shall stand ready to provide Firm Power and deliver

~

Firm Energy to the. City subject to the provisions of this Service Schedule B, in any amount desired by the City up to O' a maximum rata of delivery of 100 MW.

2.2 The number of kilowatthours of Firm Energy to be delivered to the City and the time of delivery thereof, subject to the rate of delivery limit specified in Paragraph 2.1 of this Service Schedule B, shall be scheduled by the City pursuant

~

to rules and procedures agreed upon by the Operating Commit-tee, established under Article 3.2 of the Agreement dated April 17, 1975. Each of the Parties shall exercise due diligence and reasonable care and foresight in arranging for and operating their respective power sources so that amounts of Firm Energy shall be delivered and taken in accordance with the delivery schedules.

2.3 For purposes af this Seryice Schedule B, Firm Power shall be defined as power which shall be made available to the City by CEI unless CEI finds it necessary to curtail or interrupt delivery of power to its firm retail customers, in which case the' delivery to the City under this Service Schedule B may be curtailed to the same degree as are deliveries to CEI's firm retail customers. An inability to continue the delivery to the City may result from the loss of production ortransmissioncapacithorarearestrictions. In the event of curtailment of service hereunder, the City will be required to curtail service to its own firm retail customers by a like amount if its own dependable generating capacity

(]) or purchase of power from others is not sufficient to meet ,

the electric power and energy requirements of the City's retail customers.

SECTION 3 - COMPENSATION - RATE 3.1 The rates for electrical power and energy supplied hereunder shall be as follows:

MONTHLY RATES

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3.1.1 DEMAND CHARGE For each kilowatt of Billing Demand $12.96 3.1.2 ENERGY CHARGE For each kilowatthour of Firm Energy 2.36g O

6

- - - - - ,. - , _ , . _ = - . - - . , , . - - -

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3.1.3 FUEL ADJUSTMENT (a) The energy charge shall be increased or h decreased by an adjustment amount per kilowatt-hour of sales (to the nearest .0014) equal to the difference between the fuel cost per kilo-watthour of sales in th'e most recent calendar month preceding the billing date and the base fuel cost of 2.1264 per kilowatthour.

(b) [uel costs shall be the cost of:

(i) Fossil and nuclear fuel consumed in CEI's own plants, and CEI's share of fossil and nuclear fuel consumed in jointly owned or O. leased plants; plus (ii) The actual identifiable fossil and nuclear fuel costs associated with energy purchased for reasons other than identified in Para-graph (b)(iii) below; plus (iii) The net energy cost of energy purchases, exclusive of capacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on an economic dispatch basis.

Included therein may be such costs as the charges for economy energy purchases and the charges as a result of scheduled out-2 I

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age, all such kinds of energy being pur-chased by CEI to substitute for its own j higher cost energy; and less (iv) The cost of fossil and nuclear fuel recav-ered through intersystem sales including the fuel costs related to economy energy sales and other energy sold on an economic dispatch basis.

(c) Sales shall be all kWh's sold, excluding inter-system sales. Sales shall be equated to the sum of (i) generation, (ii) purchases, (iii) inter-change-in, less (iv) energy associated with pumped storage operations, less (v) intersystem

({}

sales referred to in Paragraph (b)(iv) above, less (vi) total system losses.

(d) The total syetem lo'sses referred to in Paragraph (c) above,.shall be modified to reflect the level of losses associated only with wholesale sales for resale.

s (e) The adjustment factor developed according to this procedure will be further modified to allow the recovery of gross receipts and other similar revenue based tax charges occasioned by the fuel adjustment revenues.

1

_.,.-ey, . - - .-- -- ,- . , ~ - . . - - . . - _ ,, _ , , _ _ . , _ _ _ _ _ _ _ _ _ _ , _ _ _ - . __ - - , . _ . _ . _ _ . .

O The cost of fossil fuel shall include no items (f) ,

other than those listed in Account 151 of the Commission's Uniform System of Accounts for Public Utilities and Licensees. The cost of nuclear fuel shall be that as shown in Account 518, except that if Account 518 also contains any expense for fossil fuel which has already been included in the cost of fossil fuel, it shall be deducted from this Account.

3.1.4 FIRM KILOWATT BILLING DEMAND The Firm Kilowatt Billing Demand in any billing period is the maximum Firm Demand under this Service Schedule B which occurs in the Billing Period. The Firm Demand for

({

each hour equals the 60-minute integrated demand supplied over the interconnections with the City less the amount of power, adjusted for losses, scheduled to be wheeled to the City in the same hour or scheduled by the City under other Schedules.

3.1.5 FIRM ENERGY Subject to the limitation in Paragraph 2.1 hereof, the Firm Energy delivered in any hour shall be equal to the kilowatthours delivered to the City under this Service Schedule B.

l

O ~ -

3.1.6 MINIMUM BILLING DEMAND-For.b lling purposes, the Minimum Kilowatt Billing Demand

. in any month shall not be less than 50 percent of the highest Firm Kilowatt Billing Demand incurred during the previous twelve months.

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PI'-cEi l'0WER SUPI'LY ACRm!ENT

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- . l POWER SUPPLY AOREE. MENT dated as of July 1,1983 by and among s-Pennsylvania Power Company, a Pennsylvan'ia corporation (herein referred to as "Penn Power") and The Cleveland Electric Illuminating Company, an Ohio corporation (herein referred to as "CEI").

W I T N E S S E'T H:

WHEREAS, Penn Power and Ohio Edison Co=pany (herein referred to as "Chio Edison") are the members of the integrated electric utility system known as the Ohio Edison System, and WHEREAS, CEI is directly interconnected with the Ohio Edison System and the Pennsylvania Electric Company, a Pennsylvania Corporation which together with Jersey Central Power &* Light Company, a New Jersey corporation, and Metropolitan Edison Company, a Pennsylvania corporation,

('T comprise the "GPU System", and are herein sometimes referred to collectively V

as the " CPU Parties", and WHEREAS, Penn Power, on its own behalf and as agent for Chio Edison, and CEI intend hereby to make available from the Ohio Edison System to the GPU Parties certain amounts of long-term capacity and associated energy, and WHEREAS, CEI intends to execute and deliver a Power Resale Agreement with the GPU Parties (the "CEI-CPU Power Resale Agreement") in the form simultaneously delivered herewith to Penn Power and Ohio Edison, NOW, THEREFORE, in consideration of the premises and mutual cosenants herein set forth, the parties agree as follows:

Addendum Attachment 6 9

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ARTICLE I

' ~

SERVICES TO BE RENDERCD r

1.1 Throughout the duration of this Agreement, Penn Power shall stand ready, subject to the provisions contained herein, to deliver to CEI

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-for resale by CEI to the GPU Parties pursuant to the CEI-GPU Power Resale Agree:ent and the GPU Parties shall take, except only as provided in subsection 3.13 of this Agreement, 200 megawa'cchours ("MWH") per hour s (" Contract Amount") of long-term capacity (" Capacity") and long-term energy

(" Energy") described herein.

1.2 The number of megawatthours of Energy from zero to 200 MWH per hour at any time which CEI intends to deliver to the GPU Parties and the time of delivery thereof, subject to the conditions of delivery provided for in dtis Agreement, shall be provided on a weekly basis by CZI and the CPU Parties in consultation with the Ohio Edison System. Thereafter, during l

each week, these Energy receipts can be actually scheduled on an hourly basis variable within the hour. Penn Power may request the GPU Parties t

,through CEI to schedule a minimum take of from zero to no higher than 100 MWH per hour as determined by Penn P'over at the time of delivery based on cutrent unit operations. Procedures for such scheduling are to be i

established =.by the Operating Committee provided for under Article 8. The aggregate number of megawatthours of Energy actually scheduled for any conth shall be used for the purpose of effecting billings for such Energy and payments under this Agreement for such month. Each of the parties shall f .

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exeteise due diligence and reasonable care and foresight in arranging for  ;

and in operating their respective power sources so that amounts of Energy shall be delivered and taken in accordance with such delivery schedules.

1.3 When the GPU Parties are unable to reserve any portion of the Contract Amount due to transmission limitations as stated in subsection 3.13, the GPU Parties will make the portion not reserved available to other companies with advance notice no less than ' that provided to CEI and Penn Power as described in subsection 3.13. The GPU Parties will make every reasonable effort, by making this powar available, to exceed the minimum demand revenue amounts as described in subsection 2.4.

1.4 For the years 1983 through 1986, if either Penn Power or Ohio Edison make arrangements with other electric utilities, with CEI and the GPU Parties being intermediary parties, CEI agrees to cooperate with the Chio Edison System in consummating such arrangements and the GPU Parties agree to enter into additional contracts with the Ohio Edison System t,o aid in transmitting 200 megawatts of power from the Ohio Edison System to such other electric utilities. This amount of power is in addition to the amount

~

in subsection 1.1. All terms, conditions and compensation rates in such contracts will be as stated in the contract with the receiving electric utilities.

1.5 During the term of this Agreement, Penn Power and Ohio Edison shall have the option to sell such Capacity and Energy _not reserved l

t for any period within the Contract term by the GPU Parties.

l 1.6 The Ohio Edison System shall causa its units to be operated and maintained in a manner consistent with safe, prudent and efficient

(+)

s-operating practice. '

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,O7 ARTICLE 2 L

TF.RMINNTION

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2.1 In the event that the CEI-GPU Power Resale Agreement should I 1

1 be terminated, this Agreement s' hall be simultaneously terminated; however the contracts contemplated in subsection 1.4 shall not be affected.

2.2 CEI reco8nizes that upon mutual agreement"of Penn Power and the GPU' Parties, this Agreement as well as the CEI-CPU Power Resale Agreement will be terminated by a joint notice of such termination from Penn h Power and the GPU Parties to CEI. .

g 2. 3 Penn Power reserves the right to terminate this Agreement if any' bill under this Agreement is not paid within forty-five (45) days of its receipt.

2.4 Penn Power reserves the right to terminate this Agreement

(

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upon a six-calendar month prior notification to CEI and the CPU Part'ies if

. during any calendar year period Penn Power receives demand charge revenues as defined in subsection 3.1 of less than the following amounts:

$1,325,000 during 1983*

'33,720,000 during 1984*

S4,880,000 during 1985*

$6,150,000 during 1986 ,

$8,610,000 during 1987

$10,175,000 during 1988 l

$10,680,000 during 1989 .

$11,210,000 during 1990

$11,770,000 during 1991

$12,355,000 during 1992 S5,405,000 during 1993 To the extent Penn Power receives more than the above-stated -

i minimum demand revenues hereunder in any of the three identified given years, (*) such excess demand revenues above the stated minimum anount received by Penn Power shall be l

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credited towards the minimum ancants in the succeeding years

( through'1986 but in no event will such credits' reduce the minimum required demand charge revenues to less than

$2,790,000, S2,930,000 and,$3,070,000 in the calendar years 1984, 1985 and 1986 respectively. No credits shall apply to calendar year 1987 and beyond.

2.5 In the event federal legislation is enacted during the ter=

~

of this Agreement concerning environmental matters so as to require either Ohio Edison or 'Penn Power to make significant capital expenditures to modify generating facilities or to procure coal of'different quality specifications than presently being procured in order to comply with such federal legis-lation, Penn Power may propose modification to the rates and charges -

provided for under Article 3. If a mutually satisfactory agreement cannot be reached, including the concurrence of the GPU Parties within sixty days of the proposed modification, Penn Power any terminate this Agreement on two

(' year's notice.

ARTICLE 3 COMPENSATION 3.1 Payment shall be made each month by CEI to Penn Power for reserving the Contract Amount, according to the following rates and charges:

3.11 A monthly demand charge during each year as follows:

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$3685/ W/M0 during the year 1983

$3870/W/MD during the year 1984 S4065/ W/MO during the year 1985 S4270/MW/MO during the year 1986 S4485/MW/MO during the year 1987 S4710/ W/MO during the year 1988 S4945/ w/MO during the year 1989

  • . S5190/ W/MO during the year 1990

$5450/MW/MO during the year 1991 S5720/MW/MO during the year 1992

$6005/ W/MO during the year 1993 O

3.12 If Penn Power cannot provide to CEI the Contract -

Amount during any portion of a day (for any reason, including without limitation as set forth in subsections 4.2, 12.1 and 13.1) l . or if CEI cannot deliver the, Contract Amount during any portion of

. a day (for any reason, including without limitation as set forth in subsections 4.2, 12.1 and 13.1), Penn Power shall reduce on an hourly pro rata basis the demand charge otherwise due, provided the GPU Parties have not given the notice as contemplated by subsection 3.13, in accordance with the following daily races for portions of a day, further provided in no case shall Penn Power be obligated to rebate in a calendar month more than the monthly

demand charges in subsection 3.11

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4 .

O S121.15/W/DA during the year 1983

$126.89/MN/DA during the year 1984

$133.64/ W/DA d'uring the year 1985

$140.38/W/DA during the year 1986

$147.45/W/DA during the year 1987

$154.43/MW/DA during the year 1988-S162.58/MW/DA during the year 1989, S170.63/MW/DA during the year 1990

$179.18/MW/DA during the year 1991 S187.54/MW/DA during'the year 1992

$197.42/MW/DA during the year 1993

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3.13 If the GPU Parties give notice to CEI and CEI notifies Penn Power prior to Wednesday noon of the week preceding 4 that it cannot receive the Contract Amount for a period or periods commencing Monday of the following week due to physical or contractual transmission limitations, then the demand charge shall be reduced by Penn Power as described in subsection 3.12 for the period for which advance notification has been given. In the event the phys'ical or contractual transmission limitations contemplated hereunder are relieved, the GPU Parties shall reinstate a reservation request for the fullest amount possible up to 200 MW.

3.14 Transmission limitations as used in subsection 3.13 are defined to mean only those which arise due to the GPU Parties limited taport capability established by the PJM Interconnection Office and after giving consideration to the previously committed long tera purchases from American Electric Power Sys'tes, St. Joe 6 -

~ * -

S-

~~

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Resources, Detroit Edison and the services contemplated in the CEI-CPU Power Rasale Agreement and this Agreement.

.3.2 Payment for megawatthours actually scheduled shall be made each month by CEI to Penn Power according to the following rates:

3.21 The rate per megawatthour (MWH) shall be $2.00, plus d

the monthly incremental replacement cost of fue1, for the categories includable in Acet. No. 501 of the FERC Uniform System of Accounts, expressed in dollars per MWH, used to generate the megawatthours during the billing month. The incremental

! replacement cost of fuel under this subsection is defined to mean the cost of fuel to replace the fuel consumed to generate the negawatthours and shall be the first increment of energy generated above th'e energy required by the Ohio Edison System to supply Penn O Power's and Ohio Edison's system load. For purposes of this subsection, system load is defined to mean the firm customer load which includes only the load of the retail customers, the contract requirements of the municipal and rural electric cooperative l customers for resale to ultimate retail customers, and the prior contract requirements of the Ohio Edison System under the OE-APS Power Supply Agreement of May 2; 1983. If however, GPU gives notice as described in subsection 3.13 and af ter such notice reinstates a request for up to 200 MW, the energy shall be priced l

after all sales committed to by the Ohio Edison Systes after the t

initial notice pursuant to subsection 3.13 was given.

l- i 3.22 If at any time during the : ara of the Agreement, Penn

{} Power or Ohio Edison are formally notified by any State or Federal agency that any fees, taxes or surcharges are imposed on -

- . . - _ ,_.e__,-,,..~ _, ,. _,______y,,.-,,,,,.y-_,__s_ _ _ _ _ . . . _ __ ,.,,,.-,,-,,y , , , , - , _ , , , . _ , _ , , -

,,,__,,,...m.,. , , , _ _ , , _ _ , - , , , .,- - - _ - . , , , _ _ . -, , -,_

I transactions pursuant to this Agreernent, Penn Power shall add the charges to bills rendered under this Agree:nent.

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3.3 Costs associated with this Agreen.ent shall be subject to audit and shall be determined'according to generally accepted accouncing principles.

ARTICLE 4-

, SERVICE CONDITIONS Avoidance of Burdens ,

4.1 Each party shall have facilities or contractual arrangements adequate to serve its own load and shall exercise reasonable care to design, construct, maintain, and operate its facilities, in accordance with good utility operating practice. Any party any install and operate on its system such relays, disconnecting devices, and other equipment as it may deem appropriate for the protection of its system.

Other Interruptions of Service 4.2 In addition to the other terms of this Agre,eaant, any service being provided under this Agreement may be interrupted or reduced in accordance with the following (a) by operation of automatic equipment installed for power systes protection, (b) after consultation with the affected parties if practicable, at any time that a party deems it desirable for installation, maintenance, inspection, repairs, or replacements of equipment, or (c) at any time that in the judgment of the interrupting party such action is necassary to preserve the integrity of, or to prevent or limit any instability on its system. Otherwise each party shall exercise reasonable care to maintain the continuity of all service provided under thfs Agreement. ,

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, Cor. trol of Reactive Power Exchangd 4.3 No party shall be oblighted to deliver reactive power for the benefit of any other party. No party shall be obligated to receive reactive power when to do so niight introduce objectionable operating co.ditions on its system. Subject to the foregoing, the parties shall establish from time to time (a) voltage levels to be maintained and (b) operating procedures for establishing and maintaining an equitable distribution of reactive power generation. '

Control'of Unscheduled Energy 4.4 The parties shall endeavor to minimize, to the extent practicable, unscheduled deliveries and receipts of electric energy. The parties recognize, however, that despite their best efforts to prevent it.

( unscheduled flows of energy may occur. Electric energy delivered or received in such event shall be settled for by procedures established by the Operating Committee.

Operating Responsibili:1es 4.5 Operating arrangements under this Agreement shall be between operating personnel of the Ohio Edison System Dispatching Office and the personnel of the CEI Systea Operation Center.

ARTICLE 5 DELIVERY POINTS 5.1 All electric Energy delivered under this Agreement shall be of the character commonly known as three-phase sixty Hz energy.and shall be delivered at the interconnection points of CEI and the Ohio Edison System, at standard nominal voltage and at such other delivery points and voltages ,

as may be egreed upon by the porties.

= - - - ,. ,- - . . . - . - - - . - - - - - , , - . - , - , . . , . - - - . . - - - - . .- , -- - , . _ ,. , . , , , ,,,_.w,. - -- n, ,.a_ - - . ~ - - , . , - - , , - - > - -

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{ J, ARTICLE 6 RECORDS e

6.1 The parties shall keep'such records as may be needed to afford a clear history of all. transactions under this Agreement. The originals of all such records sha 1 be retained by the party keeping the records for a minimum of two years plus the current year and copies shall be delivered to other parties to this Agreement upon request.

ARTICLE 7 BILLING AND PAYMENT 7.1 Unless otherwise agreed upon, the calendar month shall be the standard period for all settlements under this Agreement. As soon as ,

. practicable after the and of each billing period, the parties shall cause to L be prepared a statement showing the transactions during such period in such detail as may be needed for sectiement under this Agreement.

7.2 Unless otherwise agresd upon, each monthly bill for charges under this Agreement shall be rendered by the fifth working day in the month following the calendar month in which the charges were incurred and unless l otherwise agreed upon, payment of each bill shall be made by electronic transfer or such other means as .shall cause payment to be available for the l

l use of the payee on the first banking day common to the parties hereto 1

i following the nineteenth day of the month in which the bill was rendered.

l l Interest on unpaid amounts shall accrue daily at the then current prime interest rate per annus of Manufacturers Hanover Trust Company from the due I

i date of such unpaid amount and until the date paid. Other than as required l

by law or regulatory action, bill adjustaants must be made within six (6)  !

o.  !

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. _ _ _ _ _ _ _ _ _ _ _ _ . ~ . _ _ _ . _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ _ _ _ . _

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9 months of the rendition of the bill for.which the adjustment is to be calculated. <

7; CEI shall be under no obligation to Penn e,'er with respect to amounts owed by CEI pursuant to Article 3 hereunder to the extat that the GPU Parties fails to compensate CEI for amounts owed for the purchase of energy and associated operating capacity under the CEI-GPU Power Resale Agreement. In such event, CEI shall exercise their best efforts to collect such compensation from the GPU Parties and shall not compromise or settle any claim for such compensations without the pilor consent of Penn Power.

To the excent that the GPU Parties compensates CEI in an amount less than the amount billed, CEI shall pay Penn Power so much of said amount (after deduction of expenses incurred in the collection of such amount) as will result'in a sharing of the remainder in proportion to the out-of pocket costs incurred by CEI and Penn Power as a result of the underlying transaction with the balance, if any, shared in proportion to the amounts owed to CEI and Penn Power for their respective unpaid charges.

ARTICLE 8 OPERATING COMMITTEE 8.1 To coordinate operations in order to carry cut the terms of this Agreement,and the CEI-GPU Power. Resale Agreement the parties shall appoint an Operating Committee consisting of three members, one of whom shall be appointed by Penn Power, one by CEI, and one by the GPU Parties.

The parties of each system by notice to those of the other system shall appoint their member and an alternate to act in such member's absence and may change either by similar notice. The unanimous agreement of its members ,

shall be required for all decisions of the Operating Committee.

. _ O T .

ARTICLE 9 c

. INDEMNITY 9.1 Each party shall save hartless the other parties from any and all claims, liability, and expenses arising out of any bodily injury, death or damage to property (other than bodily injury, death, or damage to property proximately caused by any other such party or its servants or employaes) resulting from the operation by such indemnifying party of its own f acilities, except that each party shall be res, onsible for all claims C

of its own employees, agents, and servants under any worker's compensation ,

law or stallar law.

ARTICLE 10 TERM

(.

10.1 This Agreement shall become effsetive on July 1,1983 and shall rescin in effect until May 31, 1993 or terminated as provided in

. Article 2 hereof.

ARTICLE 11 1

I REGULATORY AUTHORITIES i

11.1 This Agreement is made pursuant to the Federal Power Act.

Notwithstanding any other provisions of this Agreement, the rates and terms of service specified herein shall remain in effect for the tera set forth in Article 10, and shall not be subject to change through application to the Federal Energy Regulatory Commission pursuant to the provisions of Section 205 of the Federal Power Act absent the agreement of Penn Power, CEI and the GPU Parties. '

O

0- - ARTICLE 12

. N_{

i F5RCEMAJEURE 12.1 Ne party shall be in ddfault in respect of any obligation hereunder if prevented from fulfilling such obligation by reason of any cause beyond its reasonable control, in:1uding without' limitation strikes and labor disputes, and restraints by Court order or public authority and action or non-action by or inability to obtain the necessary authorizations

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l or approval from any governmental agency or authority. A party unable to fulfill any obligation by reason of any cause beyond its control shall use diligence to remove such disability with reasonable dispatch. If such disability is not able to be removed the contract may be terminated upon a two year notification by'either CEI or Penn Power.

ARTICLE 13 GENERAL 13.1 Uncontrollable forces may also cause Pennsylvania Power or Ohio Edison to invoke its Emergency Electrical Procedures (" Procedures")

presently on file with its respective Public Utilities Commission or as may be amended in the future. Therefore, Penn Power reserves the right to make reductions in amount of Capacity and Energy being made available under this Agreement as set forth below. The Ohio Edison System shall give both CEI and GPU Parties prompt advance notice, if possible, when either Pennsylvania Power or Ohio Edison expect reductions under this provision. The reduc.tions shall be as follows:

13.11 Up to 25% during periods of capacity shortages whenever the Procedures require voluntary curtailment of electric

() use by customers.

.. . .. _ _ .. .. ..--- . l a

, 13.12 100% during periods of capacity shortages whenever theProceduresrequiremanua[loadshedding.

13.13 25% during periods of fuel shortages whenever fuel supplies are decreasing and are a,ufficient for not more than 40 normal burn days as defined under the Procedures.

13.14 100% during periods of fuel shortages whenever fuel supplies are decreasing and are sufficient for not more than 30 normal burn days as defined under the Procedures.

13.15 Penn Power and Ohio Edison agree to incorporate a similar provision in any similar power supply agreement entered into during the effective ters of this Agreement.

13.2 Any waiver at any time of any rights as to any default or other matter arising hareunder shall not be deemed a waiver as to any subsequent default or matter. Any delay, short of the statutory period of

, limitation, in asserting or enforcing any right hereunder shall not be deemed a waiver of such right.

13.3 No party shall be liable for the failure of any other party to perform its obligations hereunder.

d 13.4 Neither Penn Power nor Ohio Edison shall have any obligation to the other, under this Agreement, all obligations between these parties

! are governed by other agreements, except that the demand revenue referred to .

in subsection 3.1 shall be initially shared by the Ohio Edison System at a t

nominal 86% to Ohio Edison and 14% to Pennsylvania Power.

i 13.5 All notices under this Agreement shall be given to the party for whom it is intended in care of Penn Power at its general office, in the O

case of the Ohio Edison System, and in care of CEI at its general office, in f

the case of. CEI, or at such other address as such party shall theretofore - -

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have designated to the other, with a copy to the CPU' Parties at the GPU Service Corporatioc's general office. ,c ARTICLE 14 ASSIGNMENT 14.1 This Agreement shall icure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement shall not be <

assigned by any party without the written consent of the others.

IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed.

i PENNSYLV IA P m By . - .///

U / VICE PR THE C'EVELAND ELE -

UMINATING COMPANY By 2t td

~%3ve:tiseen Coccurred to:

GPU SERVICE CORPORATION, AS AGENT FOR METROPOLITAN EDISON COMPANY,

, PENNSYLVANIA ELECTRIC CONFANY AND JERSEY CE & LIGHT COMPANY By . /$$f/

VICE PRESlue.br Ohio Edison Company 5y k r-). NCLA/& *

, " SENIOR VICE PRES! DENT g

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CEl-CPU POWER RESALE AGREEMENT

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POWER RESALE AGREEMENT dated as of July 1,1983 by and among The d

Cleveland Electric Illuminating Company, an Ohio corporation ("CE!"), and the CPU Service Corporation, a New Jersey corporation as agent for Jersey l Central Power & LiShe Company, a New Jersey corporation (" Jersey Central"),

l Metropolitan Edison Company, a Pennsylvania corporation ("Het Ed") and Pennsylvania Electric Company, a Pennsylvania, corporation ("Penelec").

W I T N E S S E T H:

WHERIAS, Jersey Central, Met Ed and Penelec are the members of an j integrated electric utility system (the "GPU Systes") and are herein '

someti es referred to collectively as the "GPU Parties", and

!, c -

uREF.EAS, CEI is directly interconnected with the GPU Systes.anc 4

! the integrated electric utility system known as the Ohio Edison System l comprised of Pennsylvania Power Company, a Pennsylvania corporation (herein referred to as "Penn Power") and Ohio Edison'Lompany, an Ohio corporation ,

(herein referred to as "Chio Edison"), and .
WHEREAS, CEI and the members of the GPU System are signatories to an Agreement dated September 20, 1965 as amended and supplemented, known as the "CEI-PJM Interconnection Agreement," and WHEREAS, Penn Power and CEI intend to make available to the GPU Parties long-term capacity and associated energy pursuant to a Power Supply Agreement (the "PP-CEI Power Supply Agreement") in the form simultaneously  !

. delivered herewith to the GPU Parties,

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Addendum Attachment 7 F

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NOW, THEREFORE, in consideration of the premises and mutual covenants herein set - forth and to induce?CEI to execute and deliver the l'i'-

CEI Power Supply Agreement, the parties agree as follows:

ARTICLE 1 SERVICES TO BE RINDERED ,

1.1 Throughout the duration of this Agreement, CEI shall stand ready, subject to the provisions contained herein, to resell and deliver to the CPU Parties 200 megawatthours ("MWH") per hour (" Contract Amount") of

,long tera capacity (" Capacity") and long-term energy (" Energy") supplied by .

Penn P.e r to CEI pursuant to the PP-CEI Pcwer Supply Agreement and the GPU Parties shall take the Contract Amount except only as provided in subsection 1.4 of the CEI-GPU Power Resale Agreement.

O 1.2 Ine number of megawatthours of Energy 'from toro to 200 WH per hour at any time which the GPU Parties intend to take and the time of delivery thereof, subject to the conditions of delivery provided for in this Agreement, shall be provided on a weekly basis by the GPU Parties in consultation with CEI and the Ohio Edison System. Thereafter, during each -

week, these Energy receipts can be actually scheduled on an hourly basis variable within the hour. Penn Power may request the GPU Parties through CEI to schedule a sinimum take of from zero to no higher than 100 MWH per hour as determined by Penn Power at the time of delivery based on current unit operations. Procedures for such scheduling are to be established by the Operating Committee provided for under Article 8. 'Ihe aggregate number of megawatthours of Energy actually scheduled for any month shall be used O -

i

  • 1 l

1 O

for the purpose of effecting billings for such Energy and paynents under this Agreement for such month. Each of the parties shall exerciso due diligence and reasonable care and foresight in arranging for and in operating their respective power sources so that amounts of Energy shall be delivered and taken in accordance with such delivery schedules.

1.3 The CPU Parties agree that the supply of Capacity and Energy hereunder may be interrupted or reduced as a result of actions by Penn Power pursuant to the PP-CEI Power Supply Agreement. CEI in addition may interrupt or reduce deliveries in accordance with subsectioEs 4.2 and 12.1 hereunder and in its discretion as appropriate to serve the requirements of i

retail and firm wholesale municipal or ru,ral cooperative customars of CEI, but in no event shall such interruption or reduction of deliveries be for

() economic replacement of the arrangements contemplated under this Agreement or the PP-CEI Power Supply Agreement.

1.4 If the GPU Parties give notice to CEI and CEI notifies Penn Power prior to Wednesday noon of the week preceding that they cannot receive any portion of the Contract Amount for a period or periods commencing Monday of the following week due to physical or contractual transmission itaitations, then the demand charge shall be reduced by Penn Power as described in subsection 3.12 of the PP-CEI Power Supply Agreement for the period in which advance notifiestion has been given. In the event the physical or contractual transmission limitations contemplated hereunder are relieved, the GPU Parties shall reinstate a reservation request for the fullest enount possible up to 200 MW.

1.5 Transmission limitations as used in subsection 1.4 are

() defined to mean only those which arise due to the CPU Parties limited import capability established by the PJM Interconnection Office and after giving 1

.r consideration to the previously committed long term purchases from A=erican Electric Power System, St. Joe Resources, DeLeoit Edison and the services

. contemplaced in the PP-CEI Power Supply Agreersent and this Agreement.

1.6 To the extent the GPU Parties are unable to reserve any portion of the Contract Amount due to transmission limitations, the CPU Parties will make the portion not reserved available to other companies, with advance notice no less than that provided to CEI and Penn Power as described in subsection 1.4. The GPU Parties will aske every reasonable effort; by making this power available, to exceed the minimum demand revenue l amounts as described in subsection 2.4 of the PP-CEI Power Supp*y Agreement.

1.7 During the term of this Agreement, the GPU Parties through ,

CEI agree to exercise every reasonable effort to aska available for sale to potential purchasers, power not taken pursuant to subsection 1.5 and additional power pursuant to subsection 1.8, such power to be offered at

! fair markat value by the Ohio Edison System.

1.8 For the years 1983 through 1986, if either Penn Power or

^

Ohio Edison make arrangements with other electric utilities, with CII and the GPU Parties being intermediary parties, CEI agrees to cooperate with the Ohio Edison Systes in consummating such arrangements and the GPU Parties

! agree to enter into additional contracts with the Ohio Edison System to aid in transmitting 200 megawatts of power from the Ohio Edison System to such other electric uti11 ties. This amount of power is in addition to the amount in subsection 1.1. All terms, conditions and compensation rates in such contracts will be as stated in the contract with the receiving electric O uti11 ties.

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1.9 CEI and the CPU Parties shall c.1use their facilities to be opurated and maintained in a manner conststent with safe, prudent and 4

efficient ~ operating practice.

ARTICLE 2 TERMINATION 2.1 In the event that the PP-CEI Power Supply Agreement should be terminated, this Agreement shall be simultaneously terminated; however, the contracts contemplated in subsection 1.8 shall not be affected.

2.2 CEI recognizes that upon mutual agreement of Penn Power and the CPU Parties, this Agreement as well as the PP-CEI Power Supply Agreement will be terminated by a joint notice of such termination from Penn Power and CPU Parties to CEI.

.O 2. 3 CEI reserves the right to terminate this Agreement if any bill under this Agreement is not paid within forty-five (45) days of its receipt.

2.4 This Agreement shall terminate immediately without notice or other action in the event that any of the parties hereto shall commence a-voluntary case under the Federal Bankruptcy Code or successor law or shall consenttoanorderforreEiefinaninvoluntarycaseundersuchlaw.

2.5 CEl reserves the right to terminate this Agreement upon a six-calendar month prior notification if during any calendar year period af ter 1986 CEI receives transmission demand charges in an aucune less than the charges for 1,440 MW-months of transmission service.

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' ARTICLE 3 COMPENSATION 3.1 Payment shall be made each month by the GPU Parties to CEI, f for reserving the Contract Amount according to the following charges:

3.11 The monthly demand charge determined pursuant to Article 3 of the PP-CEI Power Supply Agreement, plus 3.12 A transmission demand charge of $1040/MW/MO. applied to the same respective negawatts for which payment is made e

pursuant'to subsection 3.11.

3.13 If CEI cannot provide to the GPU Parties the Contract

Amount during any hour, CEI shall reduce the transmission demand charge otherwise due at the rate of $1.43/MW/Hr. provided the GPU Parties have not given the notice as contemplated by section 1.4,

, further provided that in no case shall CEI be obligated to rebate in a calendar month more than the monthly demand charges in subsection 3.12.

l 3.2 Psynent for megawatthours actually scheduled shall be made each month by the GPU Parties to CEI according to the following charges:

3.21 The Energy charges determined pursuant to Article 3 of the PP-CEI Power Supply Agreement, plus 3.22 30.5 per MWE of such Energy.

3.3 Costs associsted with this Agreement shall be subject to audit and shall be determined according to genera 11' accepted accounting principles in the industry. Any fees, taxes or surcharges imposed by any regulatory or governmental agencies on CEI on any capacity and energy O

i dalivered hereunder shall be added to the charges for service.

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. ARTICLE 4 SERVICC CONDITICNS Avoidance of Burdens 4.1 Each party shall have facilities or contractual arrangements adequate to serve its own load and shall exercise reasonable care to design, construct, maintain, and operate its f acilities, in accordance with good utility operating practice. Any party may install or install and operate on its system such relays, disconnecting devices, and other equipment as it =ay e deem appropriate for the protection of its system.

Interruptions of Servtie 4.2 _In addition to the other terms of this Agreement any service being provided under this Agreement may be interrupted or reduced in accord-ance with the following; (a) by operation of automatic equipment installed

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for power system protection, (b) after consultation with the.affected parties if practicable, at any time that a party deems it desirable for installation, maintenance, inspection, repairs, or replacements of equip-ment, (c) at any time that in the judgment of the interrupting party such action is necessary to preserve the integrity of, or to prevent or limit any instability on its system, or (d) if such interruption or curtailment will permit the starting and operation of the Seneca Plant in the pumping mode, which starting and operation could not otherwise be secomplished, provided however CEI has interrupted or curtailed similar transactions arranged af ter the effective date of this Agreement. Otherwise each party shall exercise reasonable care to maintain the continuity of all service provided under this Agreement.

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-u-l Control of Reactive Power Exchang.e 4.3 No party shall be obligated to deliver reactive power for the benefit of any'other party. No party shall be obligated to receive reactive power when ec do so might introduce objectionable operating conditions on its system. Subject to the foregoing, the parties shall establish from time to time (a) voltage levels to be maintained and (b) operating procedures for establishing and maintaining an equitable distribution of reactive power generation.

Control of Unscheduled Energy 4.4 The parties shall endesver to minimize, to the extent practicable, unscheduled deliveries and receipts of electric energy. The parties recognize, however, that despite their best efforts to prevent it.

unscheduled flows of energy may occur. Electric energy delivered or

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received in such event shall be settled for by procedures established by the i

Operating Committee.

Operating Responsibilities 4.5 operating arrangements under this Agreement shall be between operating personnel of the GPU Power Control Center and the personnel of the CEI System Operating Center.

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ARTICLE 5 DELIVERY POIYr 5.1 All electric energy delivered hereunder shall be of the

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character commonly known as three phase 60 HZ energy and shall be delivered at the interconnection point between CEI and Penelec, at standard nominal voltage and at such other delivery points and voltages as may be agreed up-by the parties.

ARTICLE 6 RECORDS ,

6.1 The parties shall keep such records as may be needed to afford a r. lear history of all transactions under this Agreement. The origi-nals of all such re.:ords shall be retained by the party keeping the records fe-  :.inimum of two years plus the current year and copies shall be

. delivered to other parties to this Agreement upon request. ,

ARTICLE 7 BILLING AND PAYMENT 7.1 Unless otherwise agreed upon, the calendar month shall be the standard period for all settlements under chie Agreement. As soon as practicable after the and of each billing period, the parties shall cause to be prepared a statement showing the transactions during such period in such detail as may be needed for settlements under this Agreement.

7.2 Unless otherwise agreed upon, each monthly bill for charges under this agreement shall be rendered by the fifth working day in the month i

following the calendar month in which the charges were incurred and unless O ath twise air.ed upon. ,ar ent or e ch ><11 sa 116. 4. dr et.ctronic

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transfer or other means as shall cause payment to be available for the use

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of the payee on the first banking day, common to the parties hereto following the cineteenth day of the month in which the bill was rendered. Interest on unpaid amounts shall accrue daily at the then current prime interest race per annua of Manufacturers Hanover Trust Company from the due date of such unpaid amount and until the date paid. Other than as required by law or regulatory action, bill adjustments must be made within six (6) months cf the rendition of the bill for which the adjustaant is to be calculated.

ARTICLE 8 OPERATING CONNITTEE 8.1 To coordinate operations in order to carry out the terms of this Agreement the parties shall appoint an Operating Committee consisting N_,

of the same three sambers, comprising the Operating Committee in Article 8 l

of the PP-CEI Power Supply Agreement. The parties of each systen by notice to those of the other system shall appoint their member and an alternate to act in such member's absence and say change either by similar notice. The unanimous agreement of its members shall be required for all decisions of

! the Operating Committee.

ARTICLE 9 INDEMNITY 9.1 Each party shall save harmless the other parties from any and all claims, liability, and expenses arising out of any bodily injury, death, or damage to property (other than bodily injury, death, or damage to property proximately caused by any such oth r jarty or its servants or i

() employees) resulting from the operation by s.ch indentifying party of its w- - ,, --,-,,---e- -

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own facilities, except that each party shall he responsible for all claims of its own employees, agents, and servants under any worker's compensation law or si:silar law.

ARTICLE 10 .

TERM 10.1 This Agreement shall become effective on July 1,1983 and shall remain in effect until h y 31, 1993 unioss terminated as provided in Article 2 of this Agreement.

  • ARTICLE 11 RECtfLATORY AUTHORITIES 11 1 This Agreement is made pursuant to the Federal Power Act.

Notwithstanding say other provision of this Agreement, the rates and terms ofservicespecifiedhereinshallremainineffectforthetermset5orthin Article 10, and shall not be subject to change through application to the Federal Energy Regulatory Commission pursuant to the provisions of Section 205 of the Federal Power Act absent the agreement of Penn Power, CEI and the .

CPU Parties; provided that nothing contained herein shall be construed as affecting in any way the right of CEI to unilaterally make application to the FERC under Section 205 of the Federal Power Act for a change in the rate '

set forth in Section 3.12, in which event CEI shall provide to the CPU Parties and the Ohio Edison System written notice of the projected increases in the rate hereunder that will be filed with the FERC. Such notice shall be given not less than 90 days in advance of the proposed effective date of the proposed increase.

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I ARTICLE 12 GENER.U i 12.1 No party shall be in default in respect of any obligation hereunder if prevented f rom fulfilling such obligation by reason of any cause beyond its reasonable. control, including without limitation strikes and labor disputes. A party unable to fulfill any obligation by reason of j

any cause beyond its control shall use diligence to remove such disability 1 with reasonable dispatch.

1 12.2 Any waiver at any time of any rights as to any default or other matter arising hereunder shall not be deemed a waiver as to any f subsequent default or satter. Any delay, short of the statutory period of j limitation, in asserting or enforcing any.right hereunder shall not be 4 deemed a waiver of such right.

12.3 No party shall be liable for the failure of any other party to perform its obligations hereunder.

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12.4 No GPU Party shall have any obligation to any other GPU Party, under this Agreement, all obligations between parties of the saw i Systes being governed by other agreements.

! 12.5 All notices under this Agreement shall be given to the party

! for whom it is intended in care of CPU Service Corporation at GPU 5ervice t

Corporation's general office, in the case of the GPU Party, and in care of 1 CEI at its general office, in the case of CEI, or at such other address as such party shall theretofore have designated to the other, with a copy to Penn Power at Penn Power's general office.

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ARTICLE 13 ASSIG ENT 13.1 This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. This Agreement shall not be assigned by any party without the written consent of the others.

IN WITNESS WHEREOF, each of the parties has caused this Agreement to be duly executed. ,

THE CLEVELAND ELECTRIC II,LUMfMATING COMPANY By Q J A(

tmums net nemeen GPU SERVICE CORPORATION, as agent for HETROPOLITAN EDISON COMPANY, PENNSYLVANIA ELECTRIC COMPANY AND JERSEY CE. WER LIGHT COMPANY By .

ViCE PRESIDS Concurred tor ,

PENNS VANIA P0 By

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ORIO EDISON COMPANY By kr tNO'A' Yb e

Lc1.83/023 SENIOR VICE PRESIDENT j #

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( 1 - Updata of the w]. +

,,. , Operating License for

- Beaver Valley. Nuclear Power Station, Unit No. 2 p

f INFORMATION REQUESTED BY THE NUCLEAR REGULATORY COMMISSION IN CONNECTION WITH ITS ANTITRUST REVIEW ANSWERS OF THE TOLEDO EDISON COMPANY

A'I I 1 E A V 1 I State of Ohio )

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County of Lucas)

I On October 8, 1985, before me, a Notary Public in and for the State and s

County aforesaid, personally appeared Lyman C. Phillips, who, after being

( ', 4 duly sworn according to law, deposed and said that he is Senior Vice

.,D President, Administration of THE, TOLEDO EDISON COMPANY, e corporation; V

that in such capacity he is authorized to make this Affidavit; and that

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the within Answers of THE TOLEDO EDISON COMPANY to the Information Reqc.ated by the Nuclear Regulatory Commission Sti" connection with its Antitrust Review Update for Beaver Valley Nuclear Power Station, Unit No. 2 are true

. and correct to the'best of his knowledge, information and belief.

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Lyman[.Phillips Sworn to and subscribed before me the day and year aforesaid.

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Notary Public F. ta'70Mll O')TTNI Atl;* ncy c'.I LQY' He,tary Fd:'if. 5'ota cf Ch*O

/Ay CculAm i m u eM t wN de So 1!an CiLC.147.03 t ' s

_1 TH,E_ TOLEDO EDISON COMPANY

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1 Response to NRC Regulatory Guide 9.3 Question la: 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: The Toledo Edison Company's (Toledo Edison) current forecast of installed generating capability, shown below in Table I, results in capacity margins deemed adequate to maintain acceptable system reliability under normal operating conditions for the period indicated. Capacity margins increase after the addition of new generating units, however, these margins decline in the respective subsequent years as a consequence of normal load growth. Also, while these units are expected to be declared commercial in the respective years indicated in Table I, for planning purposes Toledo Edison does not anticipate that these units will be fully'available at all times during the first year of commarcial operation due to start-up

() testing requiremente and the normal initial start-up difficulties associated with new nuclear units.

Since the construction permit stage Toledo Edison's forecast of system peak loads has been substantially reduced. This reduced forecast is occasioned by the dramatically different social, economic, and energy outlook today than was foreseen at the time the original projections were made during the construction permit period for the unit. Higher energy costs which have tended to suppress load growth, generally lower economic growth prospects, and a new energy conservation ethic have all contributed to this lower forecast. In response thereto, the scheduled start-up date for Beaver Valley Unit No. 2 has been delayed from April 1977 to December-1987. Similarly, the start-up date for Perry Unit No. I has been delayed from the original date of April 1979 to late December 1985. Perry Unit No. 2, originally scheduled for in-service April 1980, is currently under review and is in a minimal construc-tion expenditure mode. Additionally, four nuclear units were terminated by the CAPCO Group in 1980 (Erie Unit Nos. I and 2 and Davis-Besse Unit Nos. 2 and 3).

Adequate generating capacity reserves are imperative in order to maintain economical electric. service to s/ our customerd without unnecessary dependence on capacity from other sources. Reserves are required so

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THE TOLEDO EDISON COMPANY

(- g Response to

(_/ NRC Regulatory Guide 9.3 that generating equipment can be taken out of service to perform scheduled maintenance and, in the case of nuclear units, for refueling operations. Reserves are also required for unplanned outages due to equipment failures, fuel shortages, unforeseeable extreme weather conditions, and unit derating as a result of regulations affecting the construction and operation of generating facilities.

Toledo Edison believes that the generating capacity shown in Table I will be adequate to meet presently expected load growth. However, future capacity requirements and plans are subject to ongoing review and may be modified.

TABLE I Toledo Edison's Projected Capacity, Load, and Reserve Situation At Time of Annual Peak (in MW)*

System Net Seasonal Projected Capacity tT Year Peak Load _ Capability Reserves Margin

\m/

1985 1360 1719 359 20.9 1986 1420 1924 504 26.2 1987 1440 1921 481 25.0 1988 1460 2071 611 29.5 1989 1490 2059 569 27.6 1990 1520 2059 539 26.2 1991 1550 2059 509 24.7 1992 1580 2059 479 23.3 1993 1610 2059 449 21.8 1994 1640 2059 419 20.3 Committed Capacity Additions Scheduled Toledo Edison Unit In-Service Share (in NDC MW)

Perry Unit No. 1 (1205 MW) 12/85 240 Beaver Valley Unit No. 2 (833 (MW)) 12/87 166 Perry Unit No. 2 (1205 MW) Under Review 240

  • Information as reported in Toledo Edison's 1985 Long Term Forecast Report to the Ohio Department of Development, Division of Energy.

Question Ib: New Power pools or coordinating groups or changes in structure, activities, policies, practices, or membership

THE TOLEDO EDISON COMPANY Response to ,

NRC Regulatory Guide 9.3

()_ l of power pools or coordinating groups in which the licensee was, is, or will be a participant.

Answer: Toledo Edison and Cleveland Electric Illuminating entered into a definitiv'e agreement on June 25, 1985 to affiliate the cospanies under a newly formed holding company which will provide overall management, planning and policy making for the two electric utilities. Under the affilia-tion, each utility will retain its local identity and considerable autonomy. The agreement calls for the development and implementation for the mutual benefit of the customers of both companies of an equitable program of capacity rationalization and joint economic dispatch designed to achieve substantial balance of the relative capacity responsibilities of the companies, financial parity as to capacity costs per sales unit and avail-ability to all customers of both companies of the lowest cost available energy on their combined systems.

Terms of the agreement call for holders of Toledo Edison common stock to receive one share of common stock of the

's new holding company in exchange for each share held.

(W Holders of Cleveland Electric Illuminating common stock will receive 1.11 shares of the holding company stock in exchange for each Cleveland Electric Illuminating share held. Other than common stock, no other securities or financial obligations of the two companies will be affected.

Although the companies hope to effect the affiliation by the end of 1985, the affiliation is subject to the approval ~of the Securities and Exchange Commission

(" Commission") pursuant to the Public Utility Holding Company Act of 1935 (the "1935 Act"). The holding company filed an application on August 8, 1985 for approval of the affiliation by the Commission under the 1935 Act and that application is currently pending. The Ohio Consumers' Counsel has moved to intervene in the proceeding and has requested the Commission to hold hearings to determine whether or not Toledo Edison and Cleveland Electric Illuminating have met the statutory standards for the affiliation under the 1935 Act.

Western Reserve Alliance has moved to intervene to oppose the affiliation and the City of Toledo has moved to intervene to participate if hearings are held. The Commission has received letters from Ohio Edison Company

("0E") and American Municipal Power-Ohio, Inc. (" AMP-0")

() raising questions whether certain aspects of the affilia-tion meet the requirements of the 1935 Act. OE stated

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THE TOLEDO EDISON COMPANY l

/~' Response to

(- z NRC Regulatory Guide 9.3 that it affirmatively supports the affiliation, but AMP-O has indicated that it would oppose an unconditioned Commission approval of the affiliation.

Toledo Edison and Cleveland Electric Illuminating believe that the affiliation satisfies the requirements of the 1935 Act. It is not possible at this time to predict-when the Commission will act on the holding company's application.

. Question Ic: Changes in transmission with respect to (1) the nuclear plant, (2) interconnections, or (3) connections to wholesale customers. ,

Answer: The Toledo Edison's transmission systen, with respect to the nuclear plant, interconnections, and connections to wholesale customers has not changed since this information was provided with the license application data submitted on December 15, 1982.

Question Id: Changes in the ownership or contractual allocation of the

.() output of the nuclear facility. Reasons and basis for such changes should be included.

Answer: There has been no change in Toledo Edison's ownership or contractual allocation of Beaver Valley Unit No. 2 since this information was provided with the license application data submitted on December 15, 1982.

Question le: Changes in design, provisions, or conditions of rate

schedules and reasons for such changes. Rate increases l or decreases are not necessary, i

Answer: Since the initial antitrust review as reflected in the information provided by Toledo Edison in the December 15, 1982 license application data, the retail tariffs as filed with the Pt:slic Utilities Commission of Ohio have not undergone major design changes, although there have been several increases in level. The Company has entered into several contracts for service with some industrial

customers which are designed to encourage industrial development.

Design changes in rates under which service is offered to Toledo Edison's wholesale customers were approved by the Commission in Docket No. ER84-164 (March 1, 1984) and f-w Docket No. ER84-165 (February 1, 1984). Under the

\ . contract approved in Docket No. ER84-165, Toledo Edison l sells to American Municipal Power-Ohio, which allocates 1

_3_

. THE TOLEDO EDISON COMPANY Response to

-N/(~') NRC Regulatory Guide 9.3 the power among the municipalities. American Municipal Power-Ohio (AMP-Ohio) is an organization of Ohio's municipal electric utilities created to provide bulk power supplies to members on a nonprofit basis. The tariff for partial requirements service approved under Docket No. ER84-164 is presently not being utilized by any customers.

Attached hereto as Exhibit I are copies of Toledo Edison's current-retail rate schedules.

Question If: 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) licenaee's acquisitions or mergers.

Answer: (1) & (2) Wholesale municipal custocers which previously contracted directly with Toledo Edison for wholesale service under filed tariffs now receive Toledo Edison service through AMP-Ohio, a nonprofit associstion of municipal electric systems which acts as a power broker on behalf of its

' (')' members. Attached hereto as Exhibit II are copies of Toledo Edison's current wholesale and partial require-ments tariffs as filed with the Federal Energy Regulatory Commission.

(3) None.

(4) None.

Question Ig: List of those generating capacity additions committed for operation after the nuclear facility, including ownership rights or power output allocations.

' Answer: Toledo Edison has a 19.91% ownership share of the com-mitted Perry Unit No. 2. This CAPCO unit is currently under review and-is in a minimal construction expenditure mode.

Question th: Summary of requests or indications of interests by other electric power wholesale or retail distributors, and licensee's response, for any type of electric service or cooperative venture or study.

Answer: (1) One major electrical system in the East is actively fm pursuing a large purchase arrangement beginning in the i

( early 1990s conditioned upon the construction of a major j new transmission line. Presently, limited transmission 1 1

THE TOLEDO EDISON COMPANY

-/"N Response to Is./ NRC Regulatory Guide 9.3 line availability in the East has blocked potential sales ,

to that region. If built, a new transmission line would '

probably have sufficient capacity to facilitate additional '

transactions by which the load growth in the East could be supplied by Midwestern coal and nuclear capacity.

Toledo Edison and other CAPC0 companies have been involved in extensive discussions regarding participation in this potentially significant transaction. These discussions are necessarily. highly confidential at this stage.

e (2) Toledo Edison has been engaged in negotiations and discussions with AMP-Ohio for some time regarding the possibility of a transaction in which Toledo Edison would make available to AMP-Ohio the capacity to meet AMP-Ohio's load growth in forthcoming years. Tentative terms have been developed which could prove mutually advantageous if state legislative and state constitutional restrictions can be overcome.

(3) In November, 1984 Tolado Edison was contacted by AMP-Ohio about the interest and ability of Toledo Edison to supply

() the supplemental needs of the AMP-Ohio municipalities in Toledo Edison's service area for December, 1984. Toledo Edison offered to supply the power, but AMP-Ohio elected to receive the power from another utility. Toledo Edison agreed to wheel this power to these municipalities. This arrangement was extended to January, 1985.

(4) In May, 1985 Toledo Edison was again contacted by AMP-Ohio regarding Toledo Edison's interest and ability to supply

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up to 100 MW of the supplemental needs of AMP-Ohio during the months of June, July and August, 1985 on a month-to-t month basis. The Company indicated a willingness to supply up to 50 MW at a quoted price in June with the value for future months to be determined subsequently.

The offer was accepted, a contract entered into and filed '

with Federal Energy Regulatory Commission (Docket No.

. ER85-549-000; accepted July 8, 1985). Of the total amount, 21 MW went to municipals in the Toledo Edison area, 19 MW to Ohio Edison area municipals and 10 MW to Cleveland Municipal Power. Due to higher prices and lowered reserves resulting from the Davis-Besse Station unplanned outage that commenced on June 9, 1985, there were no transactions of this type during July and August.

A copy of the supplemental rate schedule as accepted by Federal Energy Regulatory Commission is attached hereto as Exhibit III.

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THE TOLEDO EDISON COMPANY g- Response to 1 (,S) NRC Regulatory Guide 9.3 (5) In late 1983. Toledo Eoison had informal discussions with representatives of the City of Bryan municipal electric system regarding alternatives for service restoration in the event of an outage on the Bryan transmission feed from another Ohio utility. These discussions. encompassed the economic and engineering feasibility of Toledo Edison providing a backup power supply to the City of Bryan, the type.of potential backup which could be provided, and the costing factors pertinent to such a potential backup. No concrete proposal has yet been developed. Toledo Edison has, however, indicated its willingness to provide a backup power supply to the City of Bryan.

Question 2: Licensees whose construction permits include conditions pertaining to antitrust aspects should list and discuss those actions or policies which may have been implemented in accordance with such conditions.

Answer:- It is the policy of Toledo Edison to comply with all of the License Conditions.

1T

/~ Actions or policies implemented subsequent to and in

-(d accordance with the License Conditions are listed below:

License Condition 3 An agreement between Toledo Edison and its wholesale customers has been reached under which Toledo Edison has agreed to sell to and wheel power for AMP-Ohio or any other wholesale power supplier to wholesale customers within Toledo Edison's service territory. (See Item lh).

License Condition 9 Negotiations between AMP-Ohio and Toledo Edison on the possibility of a transaction in which Toledo Edison would make capacity available to AMP-Ohio for future load growth have been conducted. (See Item lh).

License Condition 10 Toledo Edison sells wholesale power to all requesting entities within its service territory.

O

- s Exhibit I Update of the

. (' . Operating License for Beaver Valley Nuclea.r Power Station, Unit No. 2 ,

INFORMATION REQUESTED BY THE NUCLEAR REGULATORY COMMISSION IN CONNECTION WITH ITS ANTITRUST REVIEW ANSWERS OF THE TOLEDO EDISON COMPANY Toledo Edison's Current Retail Rate Schedules 1

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EMERCENCY E TEWCCRMY Tle. TOLEDO EDIS0i4 COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 40 RESIDENTIAL RATE "R-01"

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APPLICA8ILITY:

  • This rate is applicable to a single family residence, a single occupancy apart-ment, a mobile housing unit or any other single f amily residential unf t.

i This rate does not apply to conenercial or industrial service. If a residential l unit is used for both residential and commercial purposes, the appropriate general '

service rate shall apply unless the wiring is so arranged that the residential usage can be metered separately. The hallways and other comon facilities of an apartment building or apartment complex are - to be bflied on the appropriate general service rate.

  • 0NTHLY RATE:

SUMMER WINTER (1) Customer Charge

$fngle-phase Service $4.25 $4.25 Three-Ph e e Service 58.25 $8.25 (2) Energy Charge Ff rst 1000100f, per Kief 7.54e 7.00e All Additional flet, per Kl#f 6.69e 5.36e SEASONAL PERIOD 5:

The Summmer period shill be the billing months of May through September and the Irfnter period shall be the billing months of October through April. -

NINiltsfa The minimum bill shall be the monthly customer charge.

TERNS OF PAYNENT:

The not amount of the bill is due within fourteen days as shamn on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be com-pounded for future delinquencies. The late payment service charge will be assessed only when there is more than one late payment in a twelve month period.

The late payment service charge will not be imposed in any month in which the pay-monts exceed the current charges.

ELECTRIC FUEL C0lG80NENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy In comp 11ance with Rule 4901:1-11 of the Ohio Admints-trative Code, as reflected in Rider No.1 - Electric Fuel P- nat Rate of this

-tariff.

AM ANIVAT10N l

l The initial bill for a new customer or a customer at a new location shall include en account activation charge of $6.00.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-AT4 of the Publie Uti1(ties Comerisafon of ChIo dated April 23, 1985.

Issued: April 29, 1985 lasued by John P. W1111anson Effective: Aprfi 29, 1985 Chairman Edison Plaza, Toledo, Ohio

EuEPCENCY ANC TEvPCCAPv THE TOLECO EDISCN COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet N3. 41 RESIDENTIAL RATE "R-01" TYPE OF SERVf CE:

The type of service available includes alternating current, 60 hertz, single phase at the' Company's secondary voltages, overhead or underground as available at the specific customer location. The customer may elect three phase service where this can be made available without additional construction cost.

TERMS AND CONDITIONS:

, (1) Service under this rate is supplied in accordance with the Rules and Regu-

, lations of the Company and is subject to the jurisdiction of the Public l Utilities Comission of Ohio.

1 l INTERfM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component rate in Rider No.1 of this tarif f filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

5 0

This sheet flied pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Coussission of Ohio dated April 23, 1965.

O lasued: April 29, 1985 issued by John P. Williamson Effective: April 29,1985 Chairman Edison Piera, Toledo, Ohio

O EMERCENCY AND TEWCRARY THE TOLEDO EDISON CCNPANY

. Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 42

'O RESIDENTIAL OPfl0NAL HEATINC RATE "R-06" APPLICABILITY:

This rate is available on an optional basis to a high t, sage single family rest-  !

dence utilizing a permanently installed electric space heiting system as a sub-stantial source of the space heating requirements, and applyir.g also to a single occupancy apartment, a mobile housing unit or any other single family residential unit meeting the utfitration requirements. Not less than 75 percent of the cus-toner's connected load must be within the dwelling unit.

This rate does not a; ply to consercial or industrial service. If a residential unit is used for both residential and conumercial purposes, the appropriate general service rate shall apply unless the wiring is so arranged that the residential usage can be metered separately. The hallways and other conson factittles of an apartment butiding or apartment complex are to be bflied on the appropriate '

general service rate.

MONTHLY RATE:

SUMMER WINTER (1) Customer Charge Single-Phase Service S 6.25 $ 6.25 Three-Phase Service $10.50 $10.50 (2) Energy Charge First 125 Inti per IGr Demand Ff ret 1000 InDI, per itWf 7.344 6.000 All Additional IG9f, per inel 6.694 5.344 All Energy in Excess of 125 IGet por Inf Domend, per In9t O SEASONAL PERIODS:

.a 2.944 2.19e The Summer poried. shell- he the billing months of May threegh September and the IMnter perfed shall be the billing months of October through Apell.

MINIf4JH:

The einf anse bill. shall be the monthly customer charge. The minimum demand shall be 8 kilouetts.

TDBf5 0F PAYlENT:

The not amount of the bf11 is due within fourteen days as sheen on the bill. If not paid within that time, a late peyment service charge of five percent (5%) will aise be due, beood on current oherges only. Such late payment service charge =111 met be asseW prior to one full day folleef ng the due date and will not be com-pasuded ferr feture delf aguensfee. The late pe pent service charge wf11 be only den there is more than one late payment in a twelve month period.

~f,, to payment servfce chargo wt11 not be imposed in any month in whfch the payments encoed the current charges.

I

~

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pub 1fc Uttiftfes Commission of Ohio dated April 23, 1985.

Continued on Sheet No. 43 lasued: April 29, 1985 issued by Joh Williamson Effective: Apell 29, 1985 Edfson Plaza, Toledo, Oh!o

EMERCENCY ANO TEWRARY THE V0f.EDO EDISON COMPAN7 Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 43 RESIDENTIAL OPTIONAL HEAT!NC RATE "R-06" ELECTRIC FUEL COMPCNENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric eneroy in compliance with Rule 4901:1-11 of the Ohio Admints-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tarfff.

ACCOUNT ACTIVATION:

( The inttf al bill for a new customer or a customer at a new location shall include I

an account activation charge of $6.00.

TYPE OF SERVICE:

The type of service available includes alternating current, 60 hertz, sf rgie phase at the Company's secondary voltages, overhead or underground as available at the specific customer location. The customer may elect three phase service where this can be made available without additional construction cost. c DEMAND DETERf8iNATION:

The Monthly Bf11tng Demand wf11 be the highest recorded demand during the billing month, but not less than 8 N. Demand readings will be determined to the nearest whole W. The demand meter provided will be an indicating meter with a ff fteen-minute integrating interval or, at the option of the Company, a suitable thermal-type demand meter.

TDWIS Ale COISITHB15:

! (1) Service under this rate is supp1f ed in accordance with the Rules and Regu-lations of the Company and is subject to the jurisdiction of the Public Utfiftfee Commission of Ohio.

(2) Customer must be a high usage customer and must have permanently installed, and in operation, electric space heating equipment supplying a substantial portion of' the heating requirements of the residence, as determined by the Company.

(3) The term of contract shall be for one year from the start of service under

, this rate and thereafter until terminated by notice by the Customer, except l as otherwise provided in the Company's rules and regulations. Termination by l the customer during the first year shall only be by mutual agreement of the

! Company.

INTERIM SURCHARGE:

A surcharge of 5.52 percent shall be appiled to the total billing amount exclusive of the Eleserf a Feel Samponent Rete in Rfder No.1 of thie tariff ffled in com-plianos wfe Me 4001:1-11 of the Ohio Administrative Code, v.~;

W, 4' W l _

1 l

This sheet ffled pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utfifties Commission of Ohio dated Apett 23, 1965.

Issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chatrman Edison Plaza, Toledo, Oh!o

EidERCENCY AND TEW CR MY THE TOLEDO EDISON COMPANY

, Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 44 RESIDENTIAL HOT WATER RATE "R-04" APPL.ICABILITY:

This rate is available only to those customers being served under the rate as of August 1,1975, or who have contracted for the purchase or installation of elec-tric water heating prior. to that date. This rate is available on an optional basis to a single family residence utilizing electricity as the primary source of energy for water heating, and applies also to a single occupancy apartnent, a mobile nousing ur P; or any other single family residential unit meeting the utilization requirements.

This rate does not apply to comercial or industrial service. If a residential unit is used for both residential and commercial purposes, the appropriate general service rate shall apply unless the wiring is so arranged that the residential usage can be metered separately. The hallways and other comon facilities of an apartment building or apartment complex are to be billed on the appropriate general service rate.

MONTHLY RATE:

SlM8ER WINTER (1) Customer Charge 5 Ingle-Phase Servfce $4.25 $4.25 Three-Phase Service $8.25 $8.25 (2) Energy Charge First 1000 KWI, per 10lH 6.944 6.35e All Additional KWH, per KWH 6.31s 5.164 SEASONAL PERIODSr The Sumemer period shall be the billing months of May through September and the Winter period shall be the billing months of October through April.

MINIMUM:

The minimum bill shall be the monthly customer charge.

TERMS OF PAYMENT:

The not amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be com-pounded for future delinquencies. The late payment service charge will be assessed only when there is more than one late payment in a twelve month period.

The late payment service charge will not be imposed in any month in dich the payments emooed the current charges.

ELEC1RIC FUEL CIBFONENT:

. . r.

The energy charge shall be adjusted to include the current cost of the fuel con-sened to produce electric energy in compl{ance with Rule 4901:1-11 of the Ohio Adotnistrative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tarfff.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilities Commission of Ohio dated April 23, 1565.

Continued on Sheet No. 45 lasued: April 29,'1555 '"# DY # *" Effective: Apell 29, 1985 Ch n Edfson Plaza, Toledo, Ohio

l EMEPCENCY AND TE"PCoaov THE TOLEDO EDISON COMPANV Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 165 RESIDENTI AL HOT WATER RATE "R-04" TYPE OF SERVICE:

The type of service available includes alternating current, 60 hertz, single phase at the Company's secondary voltages, overhead or underground as available to the specific custfrier f ocation. The customer may elect three-phase service where this can be made available without additional constructioc cost.

TERMS AND CONDITIONS: ,

(1) Service under this rate is supplied in accordance with the Cereral Service Rules and Regulations of the Company and is subject to the jurisdiction of the Public Utilities Commission of Ohio.

(2) Customer must have permanently installed, and in operation, electric water headng equipment, approved by the Company, supplying the entire requirm ant for domestic hot water. The maximun electric water heating element rating shall be 5500 watts. Two element water heaters with non-interlocked elements have a permissible total element wattage of 7000 watts. In order to assure satisfactory hot water service, the Company reconenends that the water heating equipment in residences have minimum total tank capacity of 40 g311ons.

-(3) Continued appilcability of this rate to a customer is contingent upon their participatton in a positive load control program involving the installation of load controls on electric water heating and central air conditioning should the Company so request.

INTEAIN SURCHARCE:

Asurchargeof5.52percentshallbeapp11edtothhtotahbillingamountexclusive of the Elec;ric Fuel Component Rate in Rider No.1 of this tarif f filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

O l m ..

i .s.

I This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utfifties Ccamission of Ohio dated April 23, 1985.

l lasued: April 29, 1985 Issued by John P. Williamson Effective April 29, 1985 Chairwan Edfson Plaza, Toledo, Ohio l

EFERCENCY M TEWCRMY THE TOLEDO EDISON COMPANY

, Toledo, Chlo P.U.C.O. No. 7 Original Sheet No, s6 RESIDENTIAL HEATINC RATE "R-07" APPLICABILITY.

This rate is available only to those customers being served under the rate as of August 1, 1975, or who have contracted for electric space heating prior to that date. This rate is available on an optional basis to a single family residence

utilizing electricity as the primary source of energy for space heating and water heating, and applying also to a single occupancy apartment, a mobile housing unit or any other single family residential unit meeting the utilization requirernents.

This rate does not apply to commercial or industrial service. If a resictential unit is used for both residential and comeref al purposes, the appropriate general service rate shall apply t.nless the wiring is so arranged that the residential usage can be metered separately. The hallways and other comon f acilities of an apartment building or apartment complex are to be billed on the appropriate general service rate.

MONTHLY RATE:

SL998ER WINTER (1) Customer Diarge 51ngle-Phase Service $4.25 $4.25 Three-Phase Service 58.25 $8.25 (2) Energy Charge First 1000 IIIBf, per RIDI 6.944 6.02e All Addf tfonal KIST, per KIST 6.31e 4.32e SEASONAL PERIODS:

The Summer period shall be the billing months of May through September and the O Utnter period sheli be the bfiling months of October through April.

MINlptJM:

The minisme bill shall be the monthly customer charge.

TERMS OF PAYMDIT:

The not amount of the bill is due within fourtoon days as shown on the bf11. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be com-pounded for future delfpouencies. The late payment service charge will be assessed only idien there is more than one late payment in a twelve month period.

The late peyment servios charge will not be teposed in any month in which the

payments emoced the current charges.

ELECTRIC FIEL CWWWENT:

JI The esorgy charge shall be adjusted to include the current cost of fuel consumed to predese electric energy in comp 11ence with Rule 4901:1-11 of the Ohio Admin-f otrettve Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

4 This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilftfes Commission of Ohio dated Apeti 23, IS85.

l O Continued on Sheet No. 47 lasued: April 29,1925 1ssued by John P. Williamson Effective April 29,1985

. Chairman Edison Plaza, Toledo, Oh!o

EuERCENCY MO TEERMY THE TOLEDO EDISC4 COMPANV l Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. s7 RESIDENTIAL HEATING RATE "R-07"

~

TYPE OF SERVICE:

The type of service available includes alternating current, 60 hertz, single phase at the Company's secondary voltages, overhead or underground as available at the specific customer location. The customer may elect three phase service where this can be made available without additional construction cost. j TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and is subject to the jurisdiction of the Public Utilities Comission of Ohio.

(2) Customer rust have permanently irstalled and in operation, electric space heating equipment supplying the total heating requirements of his residence.

(3) Customer must have permanently installed and in operation, electric water heating equipment, approved by the Company, supplying the entire requirement for domestic hot water. The maximum electric water heating element rating shall be 5500 watts. Two element water heaters with non-interlocked elements have a permissible total element wattage of 7000 watts. In order to assure satisf actory hot water service, the Company recomunends that the water heating equipment in residences have minimum total tank capacity of 40 gallons.

(4) Continued appilcablitty of this rate to a customer is contingent upon their participation in a positive load control program involving the installation of load controls on electric water heating and central air conditioning should the Company so request.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amount excl efwe of the Electrfc Fuel Component Rate in Rider No.1 of this tariff filed in com-W pliance with Rule 4901:1-11 of the Ohio Administrative Code.

%i-

.nhi Ng This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utt11ttes Comunission of Ohio dated April 23, 1985.

O lasued: April 29, 1985 iss W by m Hasson Effective: April 29, 1985 n

Edison Plaza, Toledo, Chlo

EwERCENCY AND TEMP'2RARY THE TOLEDO EDISON CCMPANY Toledo. Ohio P.U.C.O. No. 7 Original $ beet No. se EXPERIMENTAL RESIDENTIAL ENERCY STORACC RATE "R-08"

~

APPLICABILITY: '

This rate is available to residential customers on an omrfmental basis to pro-vide off peak energy for space conditioning and water heattng through the use of customer-owned, permanently wired energy storage devices. This rate shall be available to no more than fifty customers who obtain their other electrical service through one of the Company's standard residential rates. E11gibf11ty for this rate will be determined by the Company with consideration of the unique natures of the energy storage devices, the economic viabf11ty of the energy storage system, and determination that the operation of the customer's system will have no detrimental affect upon the operation of Company df stribution facilities, nor require additional capital Investment for such facilities.

CHARACTER OF SERVICE:

The purpose of this rate is to encourage research and development of energy storage systems in order to make possible efficiency improvements in the utt11-ration of the Company's electrical system. Electrical service for energy storage purposes will be available only during off peak hours through separately metered circuits supplied with the same electrical characteristics as the customer's other service. For this rate, the off-peak hours will be from 10:00 p.m. to 8:00 a.m.

Eastern Standard Time each day. Although these hours are subject to change from time to time at the Company's option, energy will be provided for a minimum of 10 hours1.157407e-4 days <br />0.00278 hours <br />1.653439e-5 weeks <br />3.805e-6 months <br /> each day. The Company will provide a time clock or other device to control the energy storage circuits throupi Company approved customer-owned disconnect swftches.-

IG mfl.Y RATE: e

, - ,. s-(1) Customer Charge Single-Phase Service $ 6.25 Three-Phase Service $10.50 (2) Demand Charge, per KW $ 1.69 (3) Energy Chargo, per Kiel .,,, 1.294 MINiptJpt:

The af nfmum bill shall be the monthly customer charge plus the applicable demand charge.

TEIBf5 0F PAllWIT:

The not amount of the bill is due within fourteen days as shown on the bill, if not peld within that time, a late payment service charge of five percent (5%) will also be dos, based on current charges only. Such late payment service charge will not be a=-ad prior te one full day following the due date aM will not be ces-pounded fler future deltnquencies. The late payment service charge will be

r. seTy when there is more then one late peyment in a twelve month period.

,l <9ste payment service charge will not be imposed in any month in which the peye nts onceed the current charges.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pub 1ie Util1tf es Coasteeion of Ohio deced Apri1 23,1985.

Issued: April 29, 1985 Issued by John P. W1111anson Effective April 29, 1985 Chat nn Edfson Plaza, hiedo, Oh!o

EMERCENCY AND TEWOR4RY VHE TOLED0 EDISON C0f'PANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 49 EXPERIMENTAL RESIDENTI AL EtiERGY STORACE RATE "R-08" ELECTRIC FUEL COMPONENT: ,

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in con.pliance with Rule 4901:1-11 of the Ohio Adminis-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

ACCOUNT ACTIVATION:

The initial bill for a new custorter or a customer at a new location shall include an account activation charge of $6.00.

DEMAND DETERMINATION:

The Monthly Billing Demand will be the highest recorded demand during the billf rg month. Demand readings will be determined to the nearest whole KW. The demand meter provided will be an indicating meter with a fifteen-minute integrating interval or, at the option of the Company, a suitable thermal-type demand meter.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and is subject to the jurisdiction of the Public Utilities Commission of Ohio.

(2) In order to obtain the maximum beneff t from this experimental offering and to determine that there is no detrimental effect upon distribution facilities, the Company reserves the right to inspect the custaners equipment et reason-able times and to use metering and test equipment deemed proper.

(3) Service under this rate will initially be Ilmited to single phase, 3 wire, 120/240 Volt or three phase, 4 wire,120/208 Volt. Maximum lead to be served will be Ifmited to a 200 Ampere capacity.

INTERIM SURQiAflCE:

A surcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No.1 of this tariff filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

m. . .

Ffp 4 ,

7-This sheet filed pursuant to the Finding and Order in Case No. 85-375-D.-ATA of the Pubile Utilities Commission of Ohio dated April 23, 1985.

O Issued: Apet) 29, 1985 Issued by John P. W1111aseson Effective April 29,1985 Chairman Edison Plaza, Toledo, Ohio

THE TOLEDO EDISON COMPANY Tolede, Ohio P.U.C.O. No. 7 Original Sheet No. 50 RESIDENTI AL CONSERVATION SEPVICE PEOuRAM Service Descriptions ,

(1) Ui;on request of sa " eligible customer" as dvff ned by Section 456.105(d), the Comoany shall provide certain services as prescribed by the National Energy Conservation Policy Act of 1978 (Pubite Law 55-619), 10CFR Part 456 as

. amended by the Energy Security Act of 1980 (Section 544, Pubite Law 96-294),

and the Ohio State Plan as approved by the United States Department of Energy. Prior to the Company providing recuented services, the customer shall remit the amounts corresponding to the specific service (s):

Class A Energy Audit $15,00 Duplicate Audits All Direct Costs (2) In case of duplicate audits, the custonier shall be provided an estimate of those direct costs ishich the utfif ty intends to assess.

(3) The total charges directly recovered frem a residential customer shall not exceed $15.00 per dwelling unft.

(4) If the service (s) requested by the customer is (are) not performed, all monies remitted by the customer for ar.y RCS Program services shall be refunded to such ccstomer.

O

%e This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of tha I Pubile Utilities Comission of Chfo dated April 23, 1985.

D G

issued: April 29, 1985 Issued by John P. Williamson Effectivt.: April 29, 1985 Cha1rman Edfson Plaza, Toledo, Oh!o

EMERGENCY M D TEMPORARY THE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Oricinal Sheet No. 51 SMALL CENERAL SERVICE RATE "CS-16"

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APPLICABILITY:

Avallelle to eny customer on the If nes of the Company for service for commercial, indratrial, or. other general use that does not specifically qualify for another rate.

MONTHLY NET RATE: SU mER WINTER WITH DEMAND METER INSTALLED:

(1) Demand Charge:

First 50 KW of Monthly Billing Dema,'d, per KW $ 6.80 $ 6.15 All Additional KW of Monthly Billing %end, $ 6.22 3 5.57 per KW (2) Energy Charge:

First 150 KWH per KW of Monthly Billing Demand, 6.52e 5.964 per KWH Hext 150 KWH per KW of Monthly Billing Demand, 4.75e 3.56e per KWH All Additional KWH, per KWH 4.25e 3.32e (3) Customer Charge (per month):

For Single Phase Service $ 6.00 $ 6.00 For Three Phase Service $12.00 $12.00 WITHOUT DEMAND METER INSTALLED:

(1) Demand Charge:

For All KWH, per KWH 4.58e 4.00e (2) Energy Charge:

First 1000 KWH, per KWH 7.42e 6.86c For All Additional KWH, per KWH 6.52c 5.96c (3) Customer Charge (per month):

For Single Phase Service $ 6.00 $ 6.00 For Three Phase Service $12.00 $12.00 SEASONAL PER:005:

The Summer pericd shall be the billing ronths of May through September and the Winter period shall be the billing months of October through April.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Commission of Ohio dated April 23, 1985.

\ Continued on Sheet No. 52 issued: April 29,1985 Issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Plaza, Toledo, Ohio

EMERCENCY AND TEMPORARY THE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 First Revised Sheet No. 52 SMALL CENERAL SERVICE RATE "CS-16" MINIMUM:

The net minimum charge per month shall be the customer charge plus the applicable demand charge applied to the monthly billing demand.

TERMS OF PAYMENT:

The net amount of the bill is due within fourteen days as shown on the bill. if not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be com-pounded for future delinquencies. The late payment service charge will not be imposed in any month in which the payments exceed the current charges.

ELECTRIO FUEL COMPONENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in canpliance with Rule 4901:1-11 of the Ohio Admiris-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

ACCOUNT ACTIVATION:

The initial bill for a new customer or a customer at a new location shall include an account activation charge of 56.00.

DETERMINATION OF MONTHLY BILLING DEMAND:

The Company will install a demand meter to determine the maximum integrated fif-teen minute demand attained at any time during the month only when the customer's monthly usage has exceeded 3,000 KWH for three consecutive months, or the cus-

'tomer's switch capacity is greater than 225 amperes. The Monthly Demand thus established, but not less than fifty percent of the maximum Monthly Demand within the fou month period ending with the month under consideration, shall be taken as l the Monthly Billing Demand for that month, provided that said demand shall not be I less than 5 kilowatts. Once a demand meter has been installed, it shall continue l

to be utfilzed unless the maximum monthly derand has been below 10 kilowatts and the monthly energy consumption has been less than 3,000 KWH for twelve consecutive months and the customer's switch capacity is 225 amperes or smaller.

in the event the characteristics of the customer's load are highly fluctuating as in the case of elevators, holsts, cranes and similar equipment, the Monthly Billing Demand in kilowatts shall be sixty percent of the horsepower nameplate rating of the equipment, less fifteen kilowatts.

l In the event the Company, in order to prevent voltage fluctuations or disturbances on its system, requires the customer to install a separate transformer or trans-formers to provide service for X-ray machines, welders, and other equipment having similar characteristics, such service shall be metered and billed separately from the customer's other service. The Monthly Billing Demand in kilowatts for such separate service shall be seventy percent of the kilovolt-ampere nameplate ratinC of the Company's standard size transformers required, less fifteen kilowatts.

service under this rate without a demand meter installed is available to churches which qualify by having the primary use of the electric service for public religious services and related activities during of f peak hours.

This sheet filed pursuant to the Finding and Order in Case No. 85-506-EL-ATA of the Public Utilities Commission of Ohio dated July 23, 1985.

Issued: August 2, 1985 issued by John P. Williamson Effective: August 2, 1985 Chairman Edison' Plaza, Toledo, Chic

EMERCENCY AND TEWPCRARY THE TOLECO EDISON COMP M Y Tcledo, Chlo P.U.C.O. No. 7 Original Shett No. 53 SMALL CENERAL SERVICE RATE "CS-16" The Company may, at its option, test or meter the power f actor of the customer's load. A lagging power factor of less than eight tenths (0.8) shall be adjusted by multiplying the demand by the ratto that 0.8 bears to the actual power factor of the load. No adjustment will be made where the power factor is found to be greater than 0.8 lagging, or for a leading power factor.

Monthly Billing Demand shall be computed to the closest kilowatt.

TD PORARY SERVICE:

Service for less than one year will be supplied under this provisten of this rate with each monthly bill for the first three months increased by 30%, provided the Company has sufficient capacity available and such service will not be detrimental to the Company's service to other customers.

in applying for temporary service, the customer shall pay the Company for the cost of meter setting and removal, service connections, if ne construction and other special costs incurred by the Company to supply him.

Ule9ETERED SERVICE:

Unmetered service is available to customers for commeref al purposes consisting of continuous fixed electric loads not exceeding 15 kilowatts which can be served by a standard service drop from the Company's existing secondary distribution system.

Kilowatt-hours shall be determined for each month by taking the product of 730 times the rated or measured load in kilowatts.

Each separate point of delivery of service shall be considered as one customer and bflied separately.

The customer shall notify the Company in advance of every change in connected load, and the Company reserves the right to inspect the customer's equipment at any time to verf fy or measure the actual load. in the event the customer falls tn notify the Company of an increase in load, the Company shall be entitled to render an adjusted bill on the basis of the increased load for the full period such load was connected and further reserves the right to refuse to provide unmetered ar-vice at the delivery point thereafter.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Rego latIons of the Company and Is subject to the jurisdfction of the Publf c Utfif ties Comission of Ohfo.

(2) Service under this rate shall be alternating current, 60 Hertz, single and three phase at the Company's standard voltages.

(3) Customers who desire combined light and power service on this rate, as such service becomes available, shall make such changes in their wiring and/or equf grent as may be necessary to receive all service from the Company's four wire secondary system.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilf tf es Comission of Ohio dated Apell 23, 1985.

Continued on Sheet No. 54 Issued: April 29, 1985 Issued by John P. Williamson Effective: April 29,1985 Chaf rrian Edison Plaze, Toledo, Ohio

_ ._ _ ~ _

EMERCENCY AND TEWCRARY I

THE TOLEDO EDl5CF4 COMPAN7 Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 54 SMALL CENERAL SERVICE RATE "CS-16" (4) The term of contract shall' be for one year from date of application and thereaf ter until terminated by ten days written notice from the customer to the Company, except as otherwise provided in the temporary service clause of this rate or in the Company's rules and regulations.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No.1 of this tariff filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

O l

[

j This sheet filed pur9uant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Commission of Ohio dated April 23, 1985.

i i

! Issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Piara, Toledo, Ohio

EPE CENCY UO 'E"SCR29Y THE TOLECO EDISON COMPANY

_ Toledo, Ohio P.U.C.O. No. 7 Criginal Sheet No. 55 LARCE CENERAL SERVICE RATE "CS-12" APPLICABILITY:

Available to any customer on tl e If nes of the Company applying f,r permanent ser-vice for commercial or industrial uses who will guarantee a Month

  • Billleg Demand of at least one hundred f f f ty (150) kilovolt-ampares.

MONTHLY NET RATE (Three Parts):

SUMMER WINTER (1) Demand Charge:

First 200 KVA or Less of Monthly Bf111ng Demand, $ 9.65 $ 8.85 per KVA All Additional XVA Over 200 KVA of Monthly 5 9.15 $ 8.31 Billing Demand, per KVA (2) Energy Charge:

First 300 KW per KVA of Monthly Billing Demand, 3.57e 3.13e per KWH All Additional KWH, per KWH 1.39e 1.39e (3) Customer Charge:

The Monthly Customer Charge Shall Be $150.00 $150.00 SEASONAL PERl005:

The Summer period shall be the billing months of May through September and the Winter period shall be the bfiling months of October through April.

MINIMUM:

The not minimum charge per month shall be the customer charge plus the applicable demand charge app 1ted to the monthly billing demand, including applicable adjust-ment charges or credits.

TERMS OF PAYMENT:

The not amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge wf11 e not be assessed prior to one full day following the due date and will not be com-pounded for future delinquencies. The late payment service charge will not be

., imposed in any month in which the payments exceed the current charges.

OllDER OF BILLINC:

All charges and discounts shall be bflied in the order in which they are presented in this tariff.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilf tfes Comission of Ohio dated April 23, 1985.

Isaved: Apri1 29, 1985 Issued by John P. WI11f anson Effeetive: Apri1 29, 1985 Chairman Edison Ptara, Toledo, Ohio ,

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E9ERCE*.Cv A'C *E'*CO9Y THE TOLEDO EDISON CCPPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 56 LARCE CENERAL SERVICE RATE "CS-12" ELECTRIC FUEL COMPONENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in compliance with Rule 4901:1-11 of the Chio Adminis-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

MONTHLY BILLINC CEMAND:

The customer's monthly demand shall be the highest fifteen (15) minute kilovolt-ampere demand determined by dividing the highest kilowatt demand attained dt. ring the month by the average monthly power f actor. Any leading power factor shall be considered as unity.

(1) Off-Peak Option:

A customer may request the installation of appropriate metering and time-based recording (quipment so that the Monthly Billing Demand may be deter-l mined under this optional provision. Such customer shall pay the added cost of the new metering and recording system in excess of the cost of a standard metering system for a similar customer of this rate class. There shall also be an additional Customer Charge of $25.00 per month. Election of this option shall be for a minimum term of one year.

Under this option the maximum monthly demand shall be subject to redeter-mination as follows:

If the customer's actual maximum monthly demand occurs during off peak hours, the customer's maximum monthly demand for billing purposes will be the actual maximum monthly demand less one-half (\) of the dif ference between the actual maximisn monthly demand and the highest demand attained during the on peak hours of the same month. For purposes of this calculation, of f peak hours are all hours in each day, except the hours between 0800 hours0.00926 days <br />0.222 hours <br />0.00132 weeks <br />3.044e-4 months <br /> (8:00 a.m.)

and 2200 hours0.0255 days <br />0.611 hours <br />0.00364 weeks <br />8.371e-4 months <br /> (10:00 p.m.), Monday thru Friday, excluding legal holidays specified as exempt by the Company. These holidays are New Years Day, Cood

, Friday, Hemorial Day, Independence Day, Labor Day, Thanksgiving Day and i

Christmas Day, and Mondays which are legally designated as a day of obser-vance in lieu of the above holidays when they occur on weekend days.

(2) Minimum B111tng Demands:

The Minimum Monthly Billing Demand shall be the monthly demand but not less than:

(e) Fifty percent (50%) of the highest monthly demand experienced within the l six manths period ending with the month under consideration; or (b) One hundred fif ty (150) kilovolt-amperes; or (c) Forty-five (45) KVA or one hundred fifteen (115) KVA for those customers having demands less than one hundred fif ty (150) KVA and who are receiv-ing service at 4000 volts and higher on the effective date of this rate; i

corresponding to 40 Kit and 100 KW as was in ef fect for them at the time l of the signing of their contract on this rate's predecessors.

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i l This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public 'ities Commission of Ohio dated April 23, 1985.

Continued on Sheet No. 57 lssued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Plaza, Toledo, Ohio

EMERCENCY AND TE W CRARY THE TOLEDO EDISON COPPANY

, Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 57 LARCE CENERAL SERVICE RATE "CS-12" (3) In the event the characteristics of the customer's load are highly fluc-tuating the Monthly as inBilling the case of elevators, Demand hoists, cranes in kilovolt-amperes shalland be similar sixty percentequipment (60% l of the horsepower nameplate rating of the equipment.

(4) The Capany may, at its option, determine the demand and/or power f actor con-tinuously, monthly or at other regular intervals.

(5) In the event the Company, in order to prevent. voltage fluctuations or dis-turbances on its system, requires the customer to install a separate trans-former or transformers to provide service for X-ray machines, welders, and other equipment having similar characteristics, such service shall be metered and billed separately f rom the custorier's other service. The Monthly Billing Demand in kilovolt-amperes for such separate service shall be seventy percent (70%) of the kilovolt ampero nameplate rating of the Company's standard size transformers required.

TRANSFORMER DISCOUNT:

A discount on the demand charge of thirty-five cents (35 cents) per month per kilovolt-ampere of Monthly Billing Demand will be made to any customer taking service at 4000 volts or higher who furnishes all transformer equipment. Any customer al. ether served at secondary or primary voltage and receiving a discount as of the ef fective date of this rate for having installed his own transformers will continue receiving this discount.

PRINARY SERVICE DISCOUNT:

A discount on the not bill, excluding fuel charges, of three and one-half percent (3\%) will be made to any customer receiving primary service and owning the sub-station, in compliance with the Terms and Conditions section of this rate.

NON-STANDARD FREQUENCY CHARCE:

The total bill s5a11 be increased by 25% for the remaining customer being served at 25 Hertz.

DELIVERY VOLTAGE:

(1) Secondary Service:

This service covers the supply of three phase, 60 Hertz alternating current, at the Company's standard secondary voltages, and those who, as of the effee-tive date of this rate, are served at 4000 volts or higher primary but are not supplying their own substations.

(2) Primary Service:

This service covers the supply of three phase, 60 Hertz alternating current at no less than 4000 volts for customers owning the substation. Customer receiving service at 25 Hertz will continue to be serviced as long as such supply is available but no additional 25 Hertz service will be provided. No additional installations at 4160 volts in the Company's present underground district or any extension thereof, will be served at this rate. l I

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Connission of Ohio dated April 23, 1985.

Continued on Sheet No. 58 Issued: April 29, 1985 Issued by John P. Williamson Effective April 29,1985 Chairman Edison Plaza, Toledo, Ohio

EN RCENCY AND TEuPCRARY THE YOLEDO EDtSON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 58 LARCE CENERAL SERVICE RATE "CS-12" All current on this service will be measured at the service voltage of 4000 volts os higher. The Company shall have the option of metering et secondary voltage and adjusting to a primary metering basis by the use of compensating meters or by estimate based on the rated transformer losses.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and is subject to the jurisdiction of the Public Utilities Commission of Ohio.

(2) The Company will construct the primary voltage If ne to the customer's pro-perty ifne and will furnish and install the first span of conductors on the customer's property to the customer's structure.

In the event that more than one span of primary voltage :f reuit is required on the customer's property, the customer will furnish, install, own and maintain the necessary structuret, conductors, acJ reiated priury voltage if ne equipment.

The design and construction of all such facilities shall be subject to tne Company's approval.

(3) Substation fact 11tles necessary for utilization of power as delivered to the customer's premises shall be the responsibility of the customer. Such facilities shall include (but shall not be limited to) protective fences, supporting structures, line voltage bus, transformers, switchgear, protective devices, voltage regulators, etc., required to receive, transform and deliver service to the customer's utilization equipment.

The design and construction of the substation and the rating and specifi-cations of the electrical equipment shall be subject to approval by the Company.

W'ien , in the judgment of the Company, circuit breakers are required in the customer'b substation for assuring the continuity of service to the customer or for the protection of service to other customers, the customer shall fur-nish, install, own and maintain such circuit breakers with rating as spect-fled by the Company.

(4) The customer shall provide, without charge to the Company, the necessary space, structure and foundations for the Company's metering equipment and Instruments.

(5) The Company shall have access to the premises at all times. All equipment furnished by the Company shall be and remain the property of the Company.

(6) The customer shall provide all equipment necessary to regulate his operations so that the Company's primary voltage shall not be subject to excessive variation.

(7) For the protection of the Comoany's f acilitle:,, the customer may be required to furnish, install, and maintain a load limiting device approved by and under the sole control of the Company.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Commission of Ohio dated April 23, 1985.

Continued on Sheet No. 59 Issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1995 Chairman Edison Plaza, Toledo, Ohio

P EMERCENCY AND TEWCRARY l THE TOLEDO EDISON CCPPANY

- Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 59 l i

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LARCE CENERAL SERVICE RATE "C5-12"

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l (8) Where the customer desires If ghting service incidental to his pcner require- j ments such service may be purchated under this rate provided the customer i furnishes the additional transformers and all other equipment necessary. All such incidental lighting shall be metered through the power meter.

(9) The customer shall use extraordinary care in so designing his circuits that the loads on the individual phases shr/1 be practically balanced at all times.

TERMS OF SERVICE & CONTRACT:

Service shall be supplied at the legal rates in ef fect at the time service is rendered for the following terms with a self-renewal provision for successive periods of one year each untti either party shall give at least ninety days i

written notice to the other of its intentien to discontinue at the end of any period.

Contract Capacity Term of Contract Up to 150 kilovolt-amperes 1 Year 150 to 1000 kilovolt-amperes 2 Years Over 1000 kilovolt-amperes 3 Years INTERIM SURCHARCE:

A sdrcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No.1 of this tariff filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

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This sheet filed pursuant to the Findino and Order in Oise No. 85-375-EL-ATA of the Public Utilities Concission of Ohio dated Apelt 23, 1985.

J O lssued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Plaza, Toledo, Ohio

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EVEOCENCY M.O TEMPORM THE TOLEDO EDISCN COMPANY

. Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 60 O

O CENERAL SERVICE HEATING RATE "CS-17" APPLICABILITY:

THIS RATE IS AVAILABLE ONLY TO THOSE CUSTOMERS RECEIVING SERVICE HEREUNDER AS OF AUCUST 1, 1975 AND THOSE POTENTI AL CUSTOMERS WHO CAN DEHONSTRATE TO THE COMPANY THAT THEY HAD CONTRACTED FOR THE PURCHASE OR INSTALLATION OF ELECTRfC SPACE HEAT!NG PRIOR TO AUCUST 1,1975.

Available as an optional rate to any comercial customer on the lines of the Company appl yi ng for permanent service for commercial uses including lighting, space heating, uncontrolled water heating and incidental uses.

HONTHLY NET RATE: SUfeER WINTER (1) Demand Charge:

First 50 KW of Honthly Billing Demand, per KW $ 6.80 $ 6.15 ,

All Additional KW of Honthly Billing Demand, $ 6.22 $ 5.57 per KW ,

l (2) Energy Charge:

First 150 KWH per KW of Monthly Billing Demand, 6.52c 5.25e per KWH Next 150 KWH per KW of Monthly Billing Demand, 4.75e 3.32e per KWf All Additfor,el KWH, per KWH 4.25e 3.32e (3) . Customer Charge (per month):  ;

For Single Phase Service $ 6.00 $ 6.00 For Three Phase Service $12.00 $12.00 WITHOUT DEMAND METER INSTALLED:

(1) Demand Charger For All KWH, per KWH 4.58e 4.00e (2) Energy Charge:

First 1000 KWH, per KWH 7.42e 6.15e For All Additional KWl, per KWH 6.52e 5.25e (3) Customer Charge (per month):

For Single Phase Service $ 6.00 $ 6.00 For Three Phase Service $12.00 $12.00 SEASONAL PERIODS:

l The Summer period shall be the billing months of May through September and the '

winter period shall be the billing months of October through April, 1

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilities Comission of Ohio dated April 23, 1985.

O~ Continued on Sheet No. 61 issued by John P. Williamson issad April 29,1985 Effective: April 29, 1985 Chairman Edison P1 era, Toledo, Ohio s

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E"ERCENCY M O TEuPOR MY THE TOLEDO EDISON COMPANV Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 61 CENERAL SERVICE HEATING RATE "CS-17" MINIMUM:

The net minimum charge per month shall be the customer charge plus *he applicable demand charge applied to the monthly billing demand.

TERMS OF PAYMENT:

The net amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day follovdng the due date and will r.ot be com-pounded for future delinquencies. The late payment service charge will not be imposed in any month in which the payments exceed the current charges.

ELECTRIC FUEL COPONENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in compliance with Rule 4901:1-11 of the Ohio Adminis-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

TRANSFORMER DISCOUNT:

A discount on the demand charge of twenty-five cents ($.25) per month per kilowatt of Monthly Billing Demand will be made to any customer meeting the primary service qualifications as stated in Terms and Conditions (Rule number 7).

POWER FACTOR ADJUSTMENT:

The above rate is based on the maintenance by the Company of a power factor of not less than eighty-five percent (85%). For any month when the lagging power f actor is less than eighty-five percent (85%), the Company shall make an additional charge of one percent (1%) of the total bf11 for each five percent (5%) diffeeence

between the lagging power factor and eighty-five percent (85%). The Company may, at its option, test the power factor continuousl y, monthly or at interval s.

l DETERMINATION OF MONTHLY BILLING DEMAND:

i The Company will install a demand meter to determine the maximum Integrated f f f-

! teen minute demand attained at any time during the month only when the customer's

! monthly usage has exceeded 3,000 KWH for three consecutive months, or the cus-tomer's switch capacity is greater than 225 amperes. The Monthly Demand thus

established shall be taken as the Monthly Billing Demand for that month, provided I that said demand shall not be less than 5 kilowatts. Once a demand meter has been l Installed, it shall continue to be utilized unless the maximum monthly demand has been below 10 kilowetts and the monthly energy consumption has been less than l 3,000 KWH for twelve consecutive mnths and the customer's switch capacity is 225 l

amperes or smaller.

Service under this rate is available to public schools, parochial schools, or churches which qualify. Ths Monthly Demand Charge for schools shall be reduced by 50%. The Monthly Demand Otarge shall not apply to churches.

l This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utfif tf es Comunission of Ohio dated April 23, 1985.

Continued on Sheet No. 62 Isaued: Apri1 29, 1985 Issued by John P. WillIamson Effeetive Apri1 298 1985 Chafrman Edfson Plaza, Toledo, Oh!o

EMECCENCY MC *EvPOR.8Rv THE TOLEDO EDISON COMPM Y Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 62 Q.O CENERAL SERVICE HEATING RATE "CS-17" The Company may, at its option, test or meter the power # actor of the customer's load. A lagging power factor of less than eight tenths (0.8) shall be adjusted by multiplying the demand by the ratio that 0.8 bears to the actual power f actor of the load. No adjustment will be made where the power factor is found to be greater than 0.8 lagging, or for a leading power f actor.

Monthly Billing Demands shall be computed to the closest kilowatt.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and Is subject to the jurisdiction of the PublIc Utilities Comission of Ohio.

(2) In order to qualify for this rate the customer must reeet the following conditions:

(a) Electricity shall be the sole source of energy for space heating, water heating, air conditioning, lighting, and power applications.

(b) At least 50% of the connected load shall be located inside of buildings that are electrically heated.

(c) Size and electrical characteristics of water heating equf pment to be used must be approved by the Company.

(3) Service under this rate shall be alternating current, 60 cycles, single and three phase at the Company's standard voltages. Direct current or 25 cycle service shall not be supplied at this rate.

(4) Electricity for incidental power applications may be supplied under this O rate.

(5) For connected loads of less than 300 kilow 'ts, the term of contract shall be for one year from date of application and -hetesfter until terminated by ten (10) days written notice from the custome, to the Company, except as other-wise provided in the Company's rules and regulations.

(6) For connected loads of more than 300 kilowatts, the term of the contract shall be for three years from date of application, and thereafter until ter-minated by sixty (60) days written notice from the customer to the Company, except as otherwise provided in the Company's rules and regulations.

(7) The Company reserves the right to refuse to install transformers, substation equipment, etc., for installations of over 300 kilowatts in which case the Company will supply primary service and the customer will install his own transformers, substation equipment, etc. When a customer supplies his own transformers, substation equipment, etc., and is served at 4160 volts or higher, he shall be entitled to the Transformer Discount.

(8) When service f s supplied at primary voltage the Company may, at its option, meter at the primary voltage; or, at secondary voltage with compensation to a primary basis.

(9) The customer shall use extraordinary care in so designing his circuits that the load on the Individual phases shall be practically balanced at all times.

INTERIM SURCHARCE:

A surcharge of 5 !2 percent shall be applied to the total billing amount exclusive of the Electrfu Nel Component Rate in R1 der No.1 of this tariff f fled In com-pifance with Rule 4901:1-11 of the Ohio Administrative Code.

This sheet filed pursuant to the Finding and Order In Case No. 85-375-EL-ATA of the Public Utfif ties Ceaunission of Ohio dated April 23, 1985.

O lasued: Aprff 29, 1985 lasued by John P. Williamson Effective: April 29, 1985 Chairman Edfson Plaza, Toledo, Oh!o

l EuESCENCY AND 'E"FC01Dv l l

THE TOLEDO EDIS0N COMPANY I Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 63 CONTROLLED WATER HEATINC RATE "CS-19" l APPLICABILITY:

Available to any customer on the Ifnes of the Company, receiving service at secondary voltages, applying for permanent electric service for water heating, in

, electric water heaters or as a suppl emental source for solar water heating systems.

MONTHLY NET RATES (Two Parts):

(1) Customer Charge $2.05 (2) Energy Charge Per Kilowatt-Hour 2.28c MINIMUM:

The minimum bill shall be the monthly customer charge.

TERMS OF PAYMENT:

The not amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent will also be due. Such late payment service charge will not be assessed prior to one full day following the due date.

ELECTRIC FUEL CopFONENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in compliance with Rule 4901:1-11 of the Chfo Admints-trative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff, O

b EXCISE TAX SURCHARCE ADJUSTMENT:

Monthly charges under this schedule shall be adjusted in accordance with the sur-charge for recovery of increased Ohio Cross Receipts Excise Tax as set forth in Rider No. 2 of this tarfff.

TERMS APO CorelTIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and is subject to the jurf sdiction of the Public Utilities Cosmission of Ohio.

(2) The service supplying electric energy for water heating under this rate shall be controlled by the Company and the hours during which service shall be supplied may be changed from time to time, consistent with changes in the Company's load conditions. Service shall be supplied hereunder for a period of not less than twelve (12) hours in each twenty-four (24) hours.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Ccamtssion of Ohfo dated April 23, 1985.

O Continued on Sheet No. 64 Issued by John P. wf111amson Effective: April 29, 1985 issued: April 29, 1983 Chairman Edison Plaza, Toledo, Ohio

EWESCENCY ANO TEuPCD8Dv THE TOLEDO EDtSON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original $ beet No. 64 CONTROLLED WATER HEATING RATE "CS-19" (3) The Company reserves the right to refuse service to water heating equipment which it considers unable to render sati sf actory service when operated in accordance with the requirements of this schedule. The Company does not warrant satisfactory service, operation or installation of non-Company sup-plied equipment.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amounc exclusive of the Electric Fuel Component Rate in Ride

  • No.1 of this tarif f filed in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

O 1

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Conunission of Ohio dated April 23, 1985.

l Issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman -.

Edison Piara, Toledo, Ohio

EMERCENCY AND TEnaPpR.2RY THE TOLEDO EDISCN COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 65 PARTIAL SERVICE RATE "CS-15" APPLICABILITY:

Available to any customer on the lines of the Company applying for service for only a portion of his requi rements of electrical energy including service for auxiliary, standby, breakdown and for excitation purposes who shall guarantee at least one hundred fifty (150) kilowatts of Contract Demand.

MONTHLY NET RATE (Three Parts):

(1) Capacity charge

% r KW of Contract Demand, Per Year $ 64.80 (Payable in equal monthly installments)

(2) Energy charger First 300 MWH per KW of Contract Demand, 5.46e per KWH All Additional KWH, per KWH 3.76e (3) Customer charger The Monthly Customer Charge shall be $150.00 MINifUt The not minimum charge per month shall be the customer charge plus $5.40 per month for each KW of Contract Demand (one twelf th of the annual capacity charge) but not less than $960.00 per month or any fraction of a month.

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( p TERMS OF PAYMENT:

U The not amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be compounded for future delinquencies. The late payment service charge will not be imposed in any month in which the payments exceed the current charges.

ELECTRIC FUEL C0090NENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in compliance with Rule 4901:1-11 of the Ohio Administrative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

DETERMINATION OF CONTRACT DEMANO:

The Contract Demand shall be the total connected load in kilowatts of the largest motor or piece of electrical eauf pment connected, plus seventy-five percent (75%)

j of all other connected Icad served through one meter, and such Contract Demand den determined shall, unless additional equipment is connected by the customer, continue for the succeeding twelve months and subsequent twelve-month periods. In the event the customer should connect additional equipment, a new Contract Demand will be determined by the same method as hereinabove provided, and such new Contract Demand shall continue for the twelve succeeding months. The customer, This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Consnission of Ohio dated April 23, 1985.

  • Continued on Sheet No. 66 l

Issued: Apell 29, 1985 Issued by John P. Williamson Effective: April 29,1985 l

Chairman l

Edison Plaza, Toledo, Ohio

EMERCENCY AhD TEWPORARY VHE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 66 PARTIAL SERVICE RATE "CS-15" thirty dge prior to the expiration of any twelve-month periods of use of Contract Demand, shall have the right to notify the Company of his intention to discontinue or increase any connected load for a new contract period. Unless such notice is received, the contract shall be continued and self-renewing for additional periods of twelve months. In no event shall 'the Contract Demand be less than one hundred and fifty (150) kilowatts.

The Company, at its option, may furnish, maintain and operate the necessary eculpment whereby the customer's actual demand can be limited to the Contract Demand.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regulations of tre Company and is subject to the jurisdiction of the Public Utilities Comission of Ohio. Special attention is directed to Sections 18, 19, and 20 of the " Rules and Regulations Regarding Customers' Wiring and Installation".

(2) The voltage, cycle and phase of energy furnished shall be entirely at the option of the Company.

(3) Where primary service (4160 volts and over) is available, it shall be supplied to any customer.

(a) In the event a customer is served directly from the Ifnes of the Company at 4000 volts or higher and said customer furnishes all of his

  • transforming and substation equipment, a discount will be made of

$4.20 per kilowatt of Contract Demand per year (payable in equal monthly Installments).

(b) Customers using primary service (4160 volts or higher) shall be entitled to a discount amounting to ten percent (10%) of their total monthly bi11 (4) The Company reserves the right to refuse to install transformers, substation equipment, etc., in which case the customer will install his own equipment and transformers and be entitled to the special discount set forth under (a) of rule 3 above.

(5) The Company shall not be required to provide service to any customer having a power factor of less than eighty percent (80%) as determined by the Company's test at any time.

(6) The term of contract shall be for one (1) year from date of application and thereafter shall be governed by the provisions set forth herein under

" Determination of Contract Demand", except as otherwise provided in the Company's rules and regulations.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No. 1 of this tariff filed in compliance with Rule 4901:1-11 of the Ohio Administrative Code.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the l Public Utilities Commission of Ohio dated April 23, 1985. l 1

issued: April 29, 1985 issued by J hn P. Williamson Effective April 29, 1985 Chairman Edison Plaza, Toledo, Ohio

EMERCE'.CY AND TE"POUPY THE TOLEDO EDISCN CCMPANY Toledo, Oh!o P.U.C.O. No. 7 Original $$eet No. 67 s

v OUTDOOR HICHT L*CHTINC RATE "CS-13" APPLICA81LITY:

Available to any customer on the If nes of the Corrpany applying for outdoor night Ifghting service cely, for race tracks and athletic fields of all kleds who shall contract for a definite quantity of electrical capacity in kilowatts, subject to the specific conditions set torth herein.

, MONTHLY NET RATE (Two Parts):

(1) Customer Charge $10.00 (2) Energy Charge 4.85c Per Kilowatt-Hour MINIMUM:

The minimum bill shall be the monthly customer charge.

TERMS OF PAYMENT:

The net amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent will also be due. Such late payment service charge will not be assessed prior to one full day following the due date.

i ELECTRIC FUEL C0ff0NENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in comp 11ance wi th Rule 4901:1-11 of the Ohio Administrative Code, as reflected in Rider No. 1 - Electric Fuel Component Rate of this tarfff.

b EXCISE TAX SURCHARCE ADJUSTMENT:

1 Monthly charges under this schedule shall be adjusted in accordance with the surcharge for recovery of increased Ohio Cross Recef pts Excise Tax as set forth in Rider No. 2 of this tariff.

ACCOUNT ACTIVATION:

The initial bill for a new customer or a customer at a new location shall include an account activation charge of $6.00.

TERMS AND CONDITION 5:

, (1) Service under this rate is supplied in accordance wi th the Rules and Regulations of the Company and is subject to the jurisdiction of the Public Utillties Comunission of Ohlo.

(2) Service shall be supp11ed only dere suffIcf ent capacity is avattable nithout added Company expense and only between the hours of 6 P.M. to 6 A.M. except that the time restriction sha11 be waived on Saturdays, Sundays, and Holidays.

(3) The Company shall provide service at primary voltages (approximately 4000 volts or higher) except in small installations where the Company may elect to provide service at secondary voltages.

Thf e sheet filed pursuant to the Ff nding and Order in Case No. 85-375-EL-ATA of the Public Utf11 ties Comunission of Ohio dated Apell 23, 1935.

Continusd on Sheet No. 68 lasued: April 29, 1985 lasued by John P. Willf amson Effective April 29, 1985 Chairman Edfson Plaza, Toledo, Oh!o

.- . -. . _ . -__, . _ _ _ _ _ . - _ _ _ _ . _ _ _ _ _ . _ ~ , _ . - . _ - - - _ __

EMERCE*,CY AND TEW CRARv VHE VOLEDO EDtSON CCPPANY Toledo, Onlo P.U.C.0. No. 7 Original $ beet No. 62 CUTDOOR NfCHT LICHTINC RATE "CS-13" (4) When in the opinion of the Company it is necessary to provide three phase service, the customer shall use extraordinary care in so rtssigning his circuits that the loads on the individual phases shall be practically balanced at all times. No monthly minimte bill for such three phase service shall be less than 516.00.

(5) The Company shall have the right to meter all service used at either primary or secondary voltages, or to estimate the kilowatt hours used by metering a part of the service and multiplying the metered record of that part by a f actor deterrtined by dividing the total connected load by the connected load of the part that has been metered, in the event that total or partial meteri ng is at secondary voltage five percent (5%) shall be added to the kilowatt-hours to compensate for additional transformer and line losses.

(6) The customer shall own, operate, and maintain all pole lines and all other equipment on private right-of-way, together with all transformers, oil circuit breakers, and all lighting and incidental equipment necessary to

- render the service. The customer shall maintain a power factor of not less thac ninety percent (90%).

(7) The term of contract shall be for a period of not less than two consecutive months (60 days)

  • rom date of application and thereaf ter until terminated by the customer, except as otherwise provided in the Company's rules and regulations.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No. 1 of this tariff filed in compliance with Rule 4901:1-11 of the Ohio Achinistrative Code.

O This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Commission of Ohio dated April 23, 1985.

Issued: April 29,1985 issued by John P. W111(amson Effective: April 29,1985 Chairman Edison Plaza, Toledo, Ohio

EMERCENCY AND TEMPORARY THE TOLEDO EDISCN COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 69 A

k-)

s '0UTDOOR SECURITY LICHTING RATE "CS-18" APPLICA81LITY:

Available to any customer on the Ifnes of the Company receiving service for general uses at secondary voltages applying for all-night outdoor ifghting service on private property.

Complete If ghting service will be furnished by the Company using vapor if ghting uni ts connected to available supply circuits. The Company will supply the electrical energy for operation of the light and will furnish, install and maintain the lighting fixture, bracket, control unit, lamps, wiring and all other necessary materials and equipment.

NET RATE (Per Month):

(1) Service consisting of a standard 175 watt mercury Ifghting unit on a standard wood pole with overhead wiring:

For installations prior to January 1, 1974 $ 5.9%

on existing pole with secondary voltage supply available, per light For installations af ter January 1,1974 $ 7.47 secondary voltage supply available, per light (2) Service consisting of a 400 watt mercury or a 200 watt sodium flood 11ghting unit on a standard wood pole with overhe ,d wiring: '

For insta11ction on entsting pole with $13.51 secondary voltage supply available, per 1Ight (3) Service consisting of a 400 watt sodium floodifghting unit on a standard wood pole with overhead wiring:

For installation on existing pole with $17.52 secondary voltage supply available, per ifght (4) No new services for 1000 watt mercury floodlighting units on standard wood poles with overhead wiring will be installed:

For existing installations on existing $25.44 pole with secondary voltage supply available, per light (5) For installations prior to January 1,1974 $ 2.36 requiring an additional pole and span of overhead circuit, an additional charge per pole For insta!1ations af ter January 1,1974 $ 4.63 requiring an additional pole and span of overhead circuit, an additional charge per pole This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the l

, (}

V Pubite Utilf tf es Commission of Ohio dated April 23, 1985.

Continued on Sneet No. 70 issued: Apell 29, 1985 issued by Jchn P. Williamson Effective April 29,1985 Chai rman Edison P1 ara, Toledo, Ohio

EMERCENCY AND TEMPORARY THE TOLEDO EDISON COMPANY Toledo,. Ohio P.U.C.O. No. 7 First Revised Sheet No. 70 OUTDOOR SECURITY LICHTING RATE "CS-18" (6) For installations on existing poles but $ 1.04 requiring an extension of the secondary supply circuit, an additional charge per overhead span (7) Service consisting of a standard 175 watt mercury lighting unit on a standard wood pole with underground wiring:

For installation on a wood pole within $14.51 fifty feet of existing secondary voltage supply, per light For installation of underground wiring in $ .72 excess of fif ty feet, per twenty-five foot increment (8) No new service for a 175 watt decorative post-top mercury lighting unit with underground wiring will be installed:

For existing installations on a decorative pole $11.87 within fifty feet of existing secondary voltage supply, per light For existing installations of underground wiring $ .72 in excess of fifty feet, per twenty-five foot increment TERMS OF PAYMENT:

The net amount of the bill is due within fourteen days as shewn on the bill, if not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be compounded for future delinquencies. The late payment service charge will not be imposed in any month in which the payments exceed the current charges.

Billing for service under this rate is to be made part of the bill for other electric service furnished the customer.

TERMS AND CONDITIONS:

(1) Service under this rate is supplied in accordance with the Rules and Regulations of the Company and is subject to the jurisdiction of the Public Utilities Comission of Ohio.

(2) All facilities necessary for lighting service shall be and remain the property of the Company. Materials used and equipment styles shall be as determined by the Company.

(3) When units with underground wiring are to be installed, the customer shall be responsible for paying the cost of any conduit required as well as any excess costs of trenching resulting frori rock or other adverse soll conditions.

(4) Lights provided under this rate shall operate from dusk to dawn every night, operating approximately 4200 hours0.0486 days <br />1.167 hours <br />0.00694 weeks <br />0.0016 months <br /> annually.

This sheet filed pursuant to the Finding and Order in Case No. 85-506-EL-ATA of the Public Utilities Comission of Ohio dated July 23, 1985.

Continued on Sheet No. 71 issued: August 2, 1985 issued by John P. Williamson Effective: August 2,1985 Chairman Edison P1 ara, Tole'do, Ohio

I I

EuERCENCY AND TEvoConcv I

THE TCLEDO EDISCN COMPANY Toledo, Ohio P.U.C.0. No. 7 Original Sheet No. 71 CUTDOOR SECURfTY LICHTING RATE "CS-18" (5) All service, re-lar ing and maintenance will be performed only during the regular scheduled working hours. Re-lamping and maintenance will normally be completed within 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br />. af ter notification by the customer.

(6) Terms of contract for service ueder this rate shall be three (3) years and thereaf ter for units with overhead wiring, and five (5) years and thereaf ter for units with underground wiring until terminated by ten (10) days wr'tten notice from the customer to the Company, except as otherwise provided in the Company's rules and regulations.

(7) The service supplied under this rate is offered for lighting of private property and is not available for pubile thoroughfare lighting by municipalities or other political subdivisions.

(8) Upon the request of a customer for the inste11ation of eight or more lights to be served from a single scurce, the Company will extend an existing primary voltage supply circuit and install appropriate transformer equipment.

In such cases the customer will pay to the Company in advance a contribution in aid of construction equal to the total cost of the installation of the primary voltage supply circuit including poles, conductor, transformers and associated equipment.

-INTERIM SURCHARCE:

A surcharge of 5.52 percent sha?1 be applied to the total billing amount exclusive of the Electric Fuel Component Rate in Rider No.1 of this tariff filed in compliance with Rule 4901:1-11 of the Ohio Adninistrative Code.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilities Casunission of Ohio dated April 23, 1985, issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Plaza, Toledo, Ohio

EMERCENCY AND TEWCRARY I THE TOLEDO EDISON COMPANY

, Toledo, Ohio P.I'.C.O. No. 7 Original Sheet No. 72 LARGE POWER RATE "PV-44" APPLICA81LITY:

. Avaltable to any customer on the If nes of the Company applying for permanent service who shall contract for not less than six hundred fifty (650) KVA of capacity at a nominal voltage level of four thousand one hundred afxty (4160) volts or more.

MONTHLY NET RATE (Three Parts):

Nominal service voltage-kilovolts (Primary) (Sub-Trans.) (Bulk) 4.16-12.47 23-34.5-69 138 4 (1) Demand Charger Per KVA of Monthly Billing Demand Ff rst 1000 KVA $ 11.53 $ 11.18 $ 10.61 i Next 29000 KVA $ 11.38 $ 10.97 $ 10.53 Additional KVA $ 10.56 3 10.20 $ 9.73 (2) Energy Charger Per KWH First 300 KWH per KVA 2.143e 2.0644 1.816e of Monthly Actual l>=.:*nd Next 150 KWH per KVA .876e .779e .7304

, of Monthly Actual Domend Over 450 KWH per KVA .501e .434e 418e of Monthly Actual Domend (3) Customer Charges Per Month

$250.00 $1,500.00 $3,000.00 The Mt minimum charge per month shall be the customer charge plus the appitcable demand charge appifed to the monthly billing demand, including applicable adjust-ment charges or credits.

TERMS OF PAYMDIT:

The not amount of the bill is due within fourteen days as shown on the bf11 If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will l not be assessed prior to one full day following the due date and will not be i compounded for future delinquencies. The late payment torvice charge will not be imposed in any month in which the payments exceed the current charges.

ORDER OF BILLINC:

l All charges and discounts shall be billed in the order in which they are presented fn this tariff.

l ELECTRIC FUEL C000'ONENT:

i The energy charge shall be adjusted to include the current cost of fuel consumed i

to produce electric energy in compliance with Rule 4901:1-11 of the Chfo Administrative Code, as reflected in Rider No.1 - Electric Fuel Component Rate of this tariff.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the r Pubile Utt11ttes Conaifssion of Ohio dated April 23, 1985.

Continued on Sheet No. 73 i

Issued: April 29, 1985 issued by John P. W1111amson Effective: April 29, 1985 Chafrman Edison Plata, Toledo, Ohfo

EMERCENCY AND TEWCRARY THE TOLEDO ED;50N COMPANY Toledo, Ohio P.U.C.0. No. 7 Original Sheet No. 73 LARCE POWER RATE "PV-4" POWER FACTOR ADJUSTMENT:

The above Rate is based on the maintenance by the customer at all times during the month of a power factor not less than the power f actor at the time of maximum monthly demand. For any month when the average lagging power factor is less than eighty-five percent (85%), the Company shall make an additional charge of one percent (1.0%) of the total bill for each five percent (5%) difference between the average lagging power factor and eighty-five percent (85%). The average lagging power factor shall be determined f rom the kilowatt-hours and the lagging reactive kilovolt-ampere-hours supplied to the customor during the month.

MONTHLY BILLING DEMANO:

The customer's monthly and shall be the highest thirty (30) minute integrated kilovolt-ampere demand attained during the month. Any leading power factor shall be considered as unity.

(1) Off-Peak User If the customer's monthly demand occurs during of f peak hours, the customer's Mo9thly Billing Demand will be the monthly demand less two-thirds (2/3) of the difference between the monthly demand and the highest demand attained during the on peak hours of the same month.

For purposes of this calculation, off peak hours are all hours in each day, except the hours between 0800 hours0.00926 days <br />0.222 hours <br />0.00132 weeks <br />3.044e-4 months <br /> (8:00 a.m.) and 2200 hours0.0255 days <br />0.611 hours <br />0.00364 weeks <br />8.371e-4 months <br /> (10:00 p.m.),

Monday thru Friday, excluding legal holidays specified as exempt by the Company. These holidays are New Years Day, Good Friday, Memortal Day, independence Day, Labor Day, Thanksgiving Day and Christmas Day, and Mondays which are legally designated as a day of observance in lieu of the above holidays when they occur on weekend days.

(2) Minimum B111tng Demands:

The Monthly Billing Demand shall be the monthly deeand but not less than (a) Sixty-five percent (65%) of the highest monthly demand experienced during on peak hours within the most recent October, November, December, January, February, March or April; or (b) Seventy-ff ve percent (75%) of the highest monthly demand experienced during on peak hours within the most recent May, June, July, August or Septemberg or (c) Six hundred f f fty (650) kilovoit-amperes.

TRANSFORMER CHARCE:

In the past, the Company has agreed to provide standard primary transformers and protective equipment to the customer on an optional basis for an additional charge of thirty-five cents (354) per month per KVA of bilitng demand. This provision l continues to be avellable for all customers receiving such service on the effective date of this rate but such provision will not be available to any addit 1onal customers.

l This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilf tf es Conmission of Ohio dated April 23, 1985.

Continued on Sheet No. 74 lasued: April 29, 1985 Issued by John P. Williamson Effective April 29, 1985 Chatrman Edfson Ptara, Toledo, Ohfo

EMEKCENCY AND TEWPCRARY THE TOLEDO EDISON COMPANY Toledo, Oh!o P.U.C.O. No. 7 Originel Sheet No. 74 O

V LARCE POWER RATE "PV-44" SUBSTATION CHARCE:

The Company is willing to furnish the substation electrical equipment sufficient to supply the customer's contract capacity. The said substation equipment shall be of the Com standard rating and specifications to make one voltage transformation.pany's The Company will own and maintain the substation equipment for the customer for a monthly charge computed at 1.50% of the Company's total investment in the installation.

If the customer elects to have the Company furnish such facilities, the customer shall provide the necessary site and furnish, install and maintain the foundations, structures and-fences. The customer shall reimburse the Company for costs of installation of electrical equipment furnished by the Company.

The monthly charges as provided for herein shall commence with the completion of equipment installation by the Company.

In the event that the amou-t of the Company's investment in such substation electrical facilities is increased or decreased due to change in amount of capacity provided or to other causes, the monthly charges shall be adjusted to reflect such change in the amount of the Company's investment.

If the customer shall subsequently desire to purchase such substation electrical equipment, the Company will sell the equipment at the depreciated market value at such time.

DELIVERY VOLTAGE:

Delf very voltage will be specified by the Company predicated upon the avaliability of Ifnes in the vicinity of the customer's premf ses and conuiensurate with the size of the customer's load. Customers with demands in excess of twenty-five hundred y (2,500) KVA will generally be served at twenty-three thousand (23,000) volts or higher, while customers wtth demands in excess of thirty thousand (30,000) KVA will generally be served at sixty-nine thousand (69,000) volts or higher, if changing conditions on the Company's electrical system make continuation of established voltage to the customer impractical, the Company will offer the customer the alternatives of constructing his own facilities so as to continue receiving service at the previous voltage, so long as It does not adversely af fect the Integrity of the Company's system, or, accept service at the new voltage.

TERMS AND C0fGITIONS:

(1) Service under this rate is supplied in accordance wi th the Rules and Regulatlons of ti,e Company and is subject to the jurisdiction of the Public Utilities Conuifssion of Ohio.

(2) This rate covers the supply of three phase, 60 Hertz alternating current at not less than four thousand (4,000) volts.

All energy at this rate will be measured at the service voltage of four thousand (4,000) volts or higher except in such cases where the Company elects to measure at secondary voltage. if energy is measured at a secondary voltage, the Company may, at its option, adjust the reading to a primary metering basis by the use of compensating meters or by an estimate based on the rated transformer losses.

Thf s sheet filed pursuant to the Finding and Order In Case No. 85-375-EL-ATA of the Pubile Uttiftfes Commission of Ohio dated April 23, 1985.

O Continued on Sheet No. 75 issued: April 29, 1985 issued by John P. Williamson Effective: April 29, 1985 Chairman Edison Plaza, Toledo, Oh!o

D4ERCENCY AND TEPCRARY THE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 75 LARCE POWER RATE "PV-44" (3) The Company will construct the transmission or dfstribution If ne to the customer's property Ifne and will furnish and install the first span of conductors on the customer's property to the customer's structure.

In the event that more than one span of Ifne is required on the customer's property, the customer will furnish, install, own and maintain the necessary .

structures, conductors and related Ifne equipment.

The design and construction of all such facilities shall be subject to the Company's approval.

(4) Substation facilities necessary for utf1f ration of power as delivered to the customer's premises shall be the responsibility of the customer. Such facilities shall include (but shall not be limited to) protective fences, supporting structures, if ne voltage bus, transformers, switchgear, protective devices, voltage regulators, etc. required to receive, transform and deliver service to the customer's utilfration equipment.

The design and construction of the substation and the rating and specifications of the electrical equf pment shall be subject to approval by the Company.

When, in the judpent of the Company, circuit breakers are required in the customer's substation for assuring the continuf ty of serv {ce to the customer or for the protection of service to other customers, the customer shall furnish, install, own and maintain such circuit breakers with rating as specified by the Company.

In order to provide for the orderly upgrading and Improving of the Company's transmission system as additional loads dictate, the Company may require the customer to design and construct the substation so as to factiftate conversion to higher delfvery voltages designated by the Company.

(5) TI e customer is responsible for cleaning and matntaining substation equipment according to reasonable standards commensurate with safe operation, and the Company may refuse to deliver service to the customer's facilities f f this is not done.

(6) The customer shall provide, without charge to the Company, the necessary space, structure and foundations for the Company's metering equipment and instruments and shall permit the Company to have access to the premises at all times.

(7) The Company shall have access to the proef ses at all times. All equipment furntshed by the Company shall be and remain the property of the Company.

(8) The customer shall provide all equipment necessary to regulate his operations so that the Company's primary voltage shall not be subject to excessive varfatton.

l (9) For the protection of the Company's facilities, the customer may be required to farnish, install, and maintain a load limiting device approved by and under the sole control of the Company.

I l

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utf11 ties Coninf ssion of Ohio dated Aprf123,1985.

l Continued on Sheet No. 76 issued: April 29, 1985 Issued by John P. Williamson Effective: Apell 29, 1985 Chairman i Edison P1 ara, Toledo, Ohio 1

EMERCENCY AND TENCRARY THE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 76

~

LARCE POWER RATE "PV-44" (10) Where the customer desf res lighting service Incidental to his power require-monts such service may be purchased under this rate, provided the customer furnishes the additional transformers and all other equipment necessary. All such incidental lighting shall be metered through the power meter.

(11) The customer shall use extraordinary care in so designing his circuits that the loads on the individual phases shall be practically balanced at all

, times.

TERMS OF SERVICE AM) CONTRACT:

Service and contract under this schedule shall be for a period of four years with a self-renewal provision for successive periods of one year each unless written notice of termination is given ninety days before expiration of the four year period, or any one year renewal period.

The customer shall contract for capacity equal to the estimated maximum demand of his load. The Company will supply capacity In excess of that contracted for when such capacity is available, but reserves the right to refuse to supply such additional capacity when in the judgment of the Company to do so would jeopardize the quality or continuf ty of service to other customers.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be applied to the total billf ng amount exclusive of the Electric Fuel Component Rate in Rider No.1 of this tarf ff flied in com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

4 O

This sheet filed nursuant to the Finding and Oroer in Case No. 85-375-EL-ATA uf the Pubtle Utilf tf es f.c.mntssion of Ohio dated April 23, 1985.

O __

l issued: April 29, 1985 issued by John P. Williamson Effective April 29,1985 t Chairman Edf son Pi na, Toledo, Ohio

THE TCLEDO EDISCN COMPANY Toledo, Chfo P.U.C.O. No. 7 Original Sheet No. 77 LARCE POWER RATE PV-44 TElf0RARY MIhlMUM BILLINC DENAND RIDER Upon written application by the customer accepted by the Company, increases in the customer's Monthly Billing Demand occurring in June,1983 through December,1985, ebove the level that prevailed in May,1983, resulting from non-seasonally cycif cal increaes in the level of the customer's operations, shall be exempted from appitcation of the demand ratchet provision during the subsequent twelve month period. In any event, the Monthly Billing Demand shall not be less than six hundred fifty (650) kilovolt-amperes.

O V

This sheet filed pursuant to the Finding and Order in Case No.85-375 EL-ATA of the Pubife Utt11tles Comission of Ohio dated April 23, 1985.

, s issued: April 29, 1985 issued by John P. Williamson Effective: April 29,1985 Chatrean Edison Plaza, Toledo, Ohio

- -- . ~ _ - . . . . . - - - _ _ _ - - - . - -____.

EFERCENCY AND TEMPORARY THE TOLEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 78 INTERRUPTlBLE POWER RATE "PV-46" APPLICA81LITY:

THIS RATE IS TEIG50RARILY CLO5ED TO NEW CUSTOMERS, subject to yearly review by the Company and the Public Utilities Comunissico of Ohio. This temporary closing does not apply to those customers receiving service under this rate schedule as of September 30, 1983. This rate was available prior to that date to any trihttrial customer 'ocated adjacent to the Company's transmission If nes, who contracted for not less than four thousand (4000) kilovolt amperes of billing demand at a nominal voltage level of sixty-nine thousand (69,000) velts or higher. 'The Company is the sole judge of the capacity which may be made available to cuatr-pers under this rate schedule, and service under this rate schedule is provideo only to those customers who agree to the conditions of services speciffed herein, and only when, 89 the judgment of the Company, such service will not jeopardize the quality or continuity of service to other customers.

MONTHLY NET RATE (Three Parts):

(1) Demand Charges Per KVA of Monthly Bf11tng Demand $ 6.70 (2) Energy Charger First 300 KWH per KVA of Monthly Billing Denend, per KWH 1.613e Next 150 Klef per KVA of Monthly Billing Demand, per K10f .7794 Over 450 KWH per KVA of Honthly Of11tng Desund, por KWH 4344 (3) Customer Charges The Monthly Customer Charge Shall Be $1,500.00 0 ='-

The not minimum charge per month shall be the customer charge plus the applicable demand chargo applf ed to the monthly bi11Ing demand,1neluding applicable adjust-ment charges or credits.

TERMS OF PAYMENT:

The not amount of the bill is due within fourteen days as shown on the bill. If not paid within that time, a late payment service charge of five percent (5%) will also be due, based on current charges only. Such late payment service charge will not be assessed prior to one full day following the due date and will not be

< compounded for future delinquencies. The late payment servico charge will not be leposed in any month in which the payments exceed the current charges.

ORDER OF BILLINC:

All charges and discounts shall be billed in the order in ahtch they are presented in this tariff.

ADJUSTIENT OF DEMAle CHANCE:

If tfie Company is unable during any month to make available to the Customer capacity equal to the Monthly Billing Demand for at least 550 hours0.00637 days <br />0.153 hours <br />9.093915e-4 weeks <br />2.09275e-4 months <br />, the demand charge above will be reduced 1.22 cents /KVA of Monthly Billing Comand for each hour of such deffelency below 550 hours0.00637 days <br />0.153 hours <br />9.093915e-4 weeks <br />2.09275e-4 months <br />.  ;

e This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Uttif tf es Comunission of Ohf o dated April 23, 1985.

Continued on Sheet No. 79 l

4 lasued: April 29, 1985 issued by John P W111tasson Effective: April 29,1985 l Edfson Plaza, Toledo, Chlo

EPERCENCY AND TEPCRARY IHE TOLEDO EDISGN COMPANY Toledor 0hlo P.U.C.O. No. 7 Original Sheet No. 79 lNTERRUPTIBLE POWER RATE "PV-46" ELECTRIC FUEL COMPONENT:

The energy charge shall be adjusted to include the current cost of fuel consumed to produce electric energy in compliance with Rule 4901:1-11 of the Ohio Admin-f atrative Code, as reflected in Rider No.1 Electric Fuel Component Rate of this tariff.

POWER FACTOR ADJUSTHENT:

The abcve Rate is based on the maintenance by the customer at all times during the month of a power f actor not less than the power f actor at the time of maximum monthly demand. For any month when the average lagging power factor is less than eighty-five percent (85%) the Compa ny shall make an additional charge of one percent (1.0%) of the total bill for each five percent (5%) diffarence between the average lagging poseer f actor and eighty-five (85%). The average lagging power f actor shall be determined fecm the kilowatthours and the tagging reactive kilo-volt-ampere-hour supplied to the customer Juring the month.

MONTHLY BILLING DEMAND:

The customer's monthly demand shall te the highest thirty (30) minute integrated kilovolt-ampere demand attained durf eg the month. Any leading power factor shall be considered as unity.

The Monthly B'iling Demand shal' be the monthly demand but not less thant (a) Sf xty-Mve percent (65%) of the highest monthly demand experienced during the most : cent October, November, December, January, February, March or Aprfi s or (b) Seventy-five percent (75%) of the highest monthly demand experienced during the most recent May, June, July, August, or Septemberg or (c) Four thousand (4,000) kilovolt-angeres.

SUBSTATION CHARCE:

The Company is willing to furnish and install the substation electrical equipment sufficient to supply the customer's contract capacity. The said substation ecuf pment shall be of the Company's standard rating and specifications to make one voltage transfortwtfon. The Company will own and maintain the substation equip-ment for the customer for a monthly charge computed at 1.50% of the Company's total investment in the installation.

If the cuetomer elects to have the Company furnish such facilities, the customer shall provf de the necessary site and furnish, install and maintain the founda-tions, structures and fence. The customer shall reimburse the Conpany for costs of installation of electrical equipesnt furnished by the Company.

The Company shall have access to the premises at all times. All equipment furnished by the Company shall be and remain the property of the Company.

The monthly charges as provided for herein shall commence with the completion of equipoent installatfon by the Company, in the event that the amount of the Company's investment in such substatton electrical facilities is increased or decreased due to change in the amount of capacity provided or to other causes, the monthly charges shall be adjusted to reflect such chuge in the amount of the Company's investment.

This sheet ffled pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Utilfties Commission of Ohfo dated April 23, 1985.

I Continued on Sheet No. 80 issued: Aprf1 29, 1995 issued by John P. Williamson Effective: April 29, 1985 Chairman Edfson Plaza, Toledo, Ohio

EMERCENCY AND TE'dPCPARY THE TotEDO EDISON COMPANY Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 80

(\ INTERRUPTIBLE POWER RATE "PV-46" If the customer shall subsequently desire to purchase such substation electrical equipment, the Company will sell the equipment at the deprectated market value at such time.

, SPECIAL RULES:

(1) Power will be supplied to a customer contracting for service under this rate schedule during hours determined solely by the Company. Supervisory con-trolled circuit breakers or circuit switchers required for interruption will be provided by the customer and will be under the direct control of the Company's load dispatching personnel at all times.

(2) Where in the Company's judgment the period of interruption may be for more than one week, the Company will, upon request, seek to obtain from other sources, temporary power supplies equal to the amount of capacity inter-rupted. If such supply is available, the Company will advise customer of the cost and the terms and conditions under which it will be available. If such an of for is acceptable, the Company wi11 peralt the Customer to resume use of power under those terms and conditions and at a rate representing the additional costs associated with obtaining such power.

(3) The Company will endeavor to provide the full contract capacity requirements of the customer for not less than 550 hours0.00637 days <br />0.153 hours <br />9.093915e-4 weeks <br />2.09275e-4 months <br /> each month and not less than 7500 50urs during each calendar year. The Company will also endeavor to provide as much advance notice as possible of the interruptions of service to be made hereunder, but reserves the right to interrupt service without notice when-ever emergencies or other operating conditions, in the judtpoent of the Company, require the interruption of the customer's service.

(4) The customer, to the extent practicable, shall advise the Company of planned curtallments of his capacity requirements.

(V] (5) The firm power requirements of the Customer will be supp1ted thru a separate service and meter under the provisions of a rate schedule applicable to the i service rendered. If the Company is required to provide f f rm service to the customer's entire load by order of a Covernment agency with proper authority to order such service, the service rendered under such an order will be billed to the Customer at the appropriate firm service rate.

TERMS AND CONDfT10NS:

(1) Service under this rate is supplied in accordance with the Rules and Regu-lations of the Company and is subject to the jurisdiction of the Pubile Utt11ttes Commission of Ohfo.

(2) This schedule covers the supply of three phase, 60 Hertz, primary current from the Company's overhead transmission circuits delfvered at approximately staty-nine thousand (69,000) volts or higher with a ten percent (10%) allow-able voltage verfation.

(3) The customer shall contract for capacity equal to the estimated maximum demand of his load. The Company will supply capacity in excess of that contracted for which such capacity is available, but reserves the right to refuse to supply such additional capacity when in the judgment of the Company to do so would jeopardize the quality of continuity of service to other customers.

(4) The Company will construct the transmission If ne to the customer's property ifne and will furnish and install the first span of conductors on the customer's property to the customer's structure.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Public Uti11tfes Commtsaton of Oh!o dated Apri1 23, 1965.

Continued on Sheet No. 81 issued: April 29,1985 fasued by John P. Williamson f

Chairman Effective
April 29,1985 Edison Plaza, Toledo, Ohio

EMERCENCY AND VEWORARY TFE TOLEDO EDISON COMPANY Toledo, Oh!o P.U.C.O. No. 7 Original Sheet No. 81 INTERRUPTl8LE POWER RATE "PV-46" In the event that more than one span of transmission circuit is required on the customer's property, the customer will furnish, install, own and maintain the necessary structures, conductors and related transmission Ifne equipment.

The design and construction of all such facilf tf es shall be subject to the Company's approval.

(5) The substation, including the site, structures, fourdations, fence, electrical equipment and all other necessary facilities sF s11 be furnished, installed, owned and maintained by the customer.

The design and construction of the substation and the ratir.g and specif f-cations of the electrical equfpment including circuit breakers or ciacuit switchers shall be subject to approval by the Company.

The customer shall provide, without charge to the Company, the nc:essary space, structure and foundations for the Company's metering equipment and Instruments and shall permit the Company to have access to the premises at all times.

(6) The customer shall use extraordinary care in so usigning his circuits that the loads on the individual phases shall be practically balanced at all times.

(7) The customer shall provide all equipment necessary to regulate his operations so that the Company's transmission voltage shall not be subject to excessive var 1atton.

(8) For the pr otection of the Company's facilities, the Customer may be required to furnish, install and maintain a load limiting device approved by and under the sole control of the C apany.

TEliM OF SERVICE AND CONTRACT:

Service and contract under this schedule shall be for a period of four years with a self-renewal provision for successive periods of one year each. Written notice of contract termination by either party must be provided at least one hundred eighty days prior to the expiration of the four year period or any one year renewal period.

The customer may at his option terminate service under this schedule at the end of any contract period upon ninety (90) days notice and contract for firm service for his entire load under the provisions of the appropriate tariff for firm service.

INTERIM SURCHARCE:

A surcharge of 5.52 percent shall be app 1ted to the total bf11f ng amount est.lusive of the Electrie Fuel Component Rate in Rf der No.1 of thIs tarif f f fled In com-pliance with Rule 4901:1-11 of the Ohio Administrative Code.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL ATA of the Public Utflities Comission of Chfo dated Apell 23, 1985.

Issued: April 29,1985 issued by John P. Wilitamson Effective: April 29, 19b5 Chafrman Edf on Plaza, Toledo, Ohio i

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THE TOLEDO EDISON COMPANY

_ Toledo, Ohio P.U.C.O. No. 7 Original Sheet No. 82 C0CEF.dATION AND SMALL

, POWER PRODUCER RATE CO.1..

APPLICA81LITY:

Avallable to any qualf fying factitty (OF) on the If nes of Toledo Edison Company (The Company) with a design capacity of 100 KW or less for the sale of electricity to the Company at e single interconnection point. A 0F shall be defined by and meet the requirements of the Public Utt11ty Regulatory Policies Act of 1978, Title 18 Code of Federal Regulations Section 292.

NONTHLY RATE:

(a) Energy (1) Kilowatt-Hour Heter. When a kilowatt-hour meter is used, the energy supplied by the OF shall be purchased by the Company at the avolded energy cost calculated by the Company for the appropriate of f peak period.

(2) Time of Day Heter. When time of day metering is used, energy supplied by a CF shall be purchased by the Company at the avoided energy cost for the time period in which the energy was supp1ted.

(3) Rates. The rates for avoided energy based on on-peak dellvery time shall be 2.434/KWH fn the Summer, 2.90e/KWH In the Winter, and 3.054/KWH in the Spring-Fall. That based on off peak delf very time shall be 1.34e/Gli in the Summer 1.684/KWH f n the #f nter; and 1.71e/KWH f n the Spring-Fall. On peak hours are 8 a.m. to 10 p.m., weekdays. Off-peak hours are 10 p.m. to 8 a.m. weekdays plus all hours on weekend days and halfdays. Susiner includes June, July and August. Winter includes January, February and December.

(b) Reactive Power The Company may, at its option, test or meter the reactive power used or produced by the OF. The manfoum RKVA used shall be billed to the customer at

$.20 per RKVA per month.

(c) Customer Charge (1) Kilowatt-Hour Meter. When a kilowatt-hour meter is used, the monthly customer charge shall be $12.00.

(2) Time of Day Noter. When a time of day meter is used, the monthly customer charge shall be $37.00.

INTERCONNECTION CHARCE:

The CF shall pay the costs of conriection, switching, metering, transmission, distributton, safety provisions and administrative costs incurred by the electric utility directly related to the Installation ard maintenance of the physical facilities necessary to permit interconnected operations with qualifying facility, to the extent such costs are in excess of the corresponding costs editch the electric utility would have incurred if it had not engaged in interconnected operations.

A 0F, at its option, may reimburse the Company for Interconnection costs over a perf od not to exceed thirty-six months including interest computed at 1.5% monthly on the unpald balance.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubtf: Utf11ttes Commission of Chfo dated April 23, 1985.

Continued on $heet No. 83 issued by John P. Williamson Effective: Apett 29, 1985 issued: April 29, 1985 Chafrnan Edfson Plaza, Toledo, Oh!o

THE TOLECO EDISON COMPANY Toledo, Ohio P.U.C.0, No. 7 Original Sheet No. 83 COCENERATION AND SMALL POWER PRODUCER RATE CO-1 ANCILLARY SERVICES:

Supplementary power, back up power, interruptible power and maintenance power shall be supplied to a QF under the Company's standard rate schedules now on file with the Public Utilf tf es Commission of Ohio, unless the use of these schedules impairs the electric utility's ablif ty to render adequate service or places an undue burden on the electric utility.

DEFINITIONS:

(a) Time Periods (1) On-Pea k Periods. The on peak periods shall be the hours from 8:00 a.m.

to 10:30 p.m. on weekdays, except holidays.

(2) Off-Peak Periods. The off peak periods shall be the hours from 10:00 p.m. to 8:00 a.m. on weekdays, olus all hours on weekends and hol'iays.

(3) Time periods will be determined by clock time f atandard or daylight) in effect in the Eastern Time Zone.

(4) Holidays. Holidays are New Years Day, Cood Frfday, Memorial Day, independence Day, Labor Day, Thanksgiving Day, and Christmas Day, and Mondays which are legally designated as a day of observance in If eu of the above holf days when they occur on weekend days.

(b) Avolded Energy Costs Avo8ded energy costs means the incremental cost to the Company of generating electric energy or purchasing electric energy from another source that was avoided due to the purchase from qualifying facilities, incremental cost includes fuel, fuel and ash handifng and incremental maintenance costs.

(c) Ancillary Services (1) " Supplementary Power" means electric energy or capac8ty supplied by an electric utility, regularly used by a qualifying f acility in addition to that which the facility generates itself.

(2) "Back up Power" means electric energy or capacity suppiled by an electric utility to replace energy ordinarily generated by a facility's own generation equipment during an unscheduled outage of the facility.

(3) "Interruptible Pcner" means electric energy or capacity supplied by an electric utility subject to interruption by the electric utt 'Ity under spectfIed conditions.

(4) " Maintenance Power" means electric energy or capacity suppiled by an electrie utility during scheduled outages of the qualifying f acility.

TERMS ANO CONDITIONS:

, All CFs shall cceply with applicable, national, state and local electric codes.

l All QFs shall conply with Company rules and regulations If sted in this tariff as well as general service rules and regulations on file with the Public Utilities Comrtission of Ohio.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilities Comission of Ohio dated April 23, 1985.

l Continued on Sheet No. 84 O lssued: April 29,1985 issued by John P. Williamson Ef f ec tive April 29* 1985 l Chafrman Edison Plaza, Toledo, Ohio l

L

THE TOLEDO EDISON COMPANS

, Toledo, Oh!o P.U.C.O. No. 7 Original Sheet No. 84 q

COCENERATION AND SMALL

, POWER PRODUCER RATE CO-1 At the delivery point, a disconnect switch shall be installed by the customer and operated by the Company to permit isolation of the OF from the Company's system during periods of abnormal operation. All protective equipoent is installed, owned and maintained by the customer. Although design of the OF and its pro-tective devices is not the responsiblifty of the Company, the Company reserves the right to inspect the facilities and their operation, if, in the judgment of the Company, the 7 does not conform to rules and regulations, does not provide adequate safety to Company personnel, interferes wi th the supply of electric service to others, or produces undesirable harmonics or wave distortions, the Company reserves the right to refuse or terminate parallel operation of the CF with the Company's system until such condition is corrected. Parallet operation must cease immediately and automatically during system outages and other emergency conditions specified by the Company.

The Company's consent for the OF to operate in parallel with the Company's system is on the condition that the OF protects its facilities and the Company's system from damage and upon the further condition that the Company shall not be liable to the 0F for any loss, cost, damage or expense which the QF may suffer by reason of damage to or destruction of any property, including the loss of use thereof arising out of, or in ary manner connected with such parallel operation, unless such loss, cost, damage or expense is caused by the sole negligence of the Compary, its agents, or employees. The W will defend, indemnify and hold the Company harmless from any and all claims or actions by third parties, including attorneys' fees, resulting from the operation of a CF.

TERM OF CONTRACT:

The teret of the contract shall be one year from the date of application and thereaf ter until terminated by ten days written eotice from the customer *o the

(

Company. Any interconnection costs owed to the Company will become payable in full at the time of termination.

This sheet filed pursuant to the Finding and Order in Case No. 85-375-EL-ATA of the Pubite Utilities Comission of Ohio dated April 23, 1985.

O Issued: April 29,1985 issued by John P. Williamson Effective Apell 29, 1965 Chafrman Edison Plaza, Toledo, Ohio

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!< . i a . It f

. Update of the Operating License for Beaver Valley Nuclear Power Station, Unit No. 2 INFORMATIONREQUESTkDBYTHENUCLEARREGULATORY COMMISSION IN CONNECTION WITH ITS ANTITRUST REVIEW ANSWERS OF THE TOLEDO EDISON COMPANY Toledo Edison Municipal Resale Service Rate Agreement with AMP-Oh.q and Partial Requirements Tariff O

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THE TOLEDO EDISON COMPANY Municipal Resale Service Race Agreement THIS AGREEMENT, made and ent. sd into as of the 1st day of June, 1983, by and between The Toledo Edison Company, an Ohio corporation having its principal business office at 300 Madison Avenue, Toledo, Ohio, hereinafter referred to as the "Compacy" and American Municipal Power-Ohio, Inc., an Ohio corporation, hereinafter referred to as " AMP-Ohio";

WITNESSETH:

WHERI AS, AMP-Ohio is an Ohio corporation not for profit organized to own and operate and contract for facilities for the generation, transmission or distribution of electric power and energy and to furnish technical service on a nonprofit basis for the mutual benefit of its Custemors, such Customers being, and to be electric systems owned and operated by musicipal corporations in the State of Ohio; and ,

WHEREAS, AMP-Ohio desires to coordinate and develop power supply and O interchange arrangements for its municipal electric system Customers and to purchase slectric power and energy for service to its Customers; and WHEREAS, cho Company is interconnected with and delivors electricity to Customers which are municipal corporations owning and operating electrical systems; and WHEREAS, the Customers desire to purchase e'lectric power and energy for resale and distribution to the retail users of their electrical distribu-tion system in the future from AMP-Ohio; and WHEREAS, AMP.-Ohio has entered into or will enter into separate agreements with the Customers for the sale of such power and energy; and WHEREAS, the Compnny is willing and able to rupply such power and enorgy upon the terms and conditions hereinafter set forth; NOW, T!!EREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, the parties hereto. agree as follows:

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A

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c' Dctinitions (1) Monthly Maximum Noncoincident Peak Demand -- The highest sixty (60) minute integrated kilowatt '

' demand obenined during the billing month. I (2) Delivery Point -- A presently existing metered connection of the Company's transmission or distribution system with the Customer's transmission or distribution system ~as set forth in Exhibit A (the City of Bowling Green's existing delivery points are treated as one) or a new connection as AMP-Ohio may request and the Company in willing to provide in the future.

1 -

r (3) Delivery Voltage Loss Level -- The factor applied to the i energy charge at the delivery point necessary to compensate for, lina losses.

(4) Month / Monthly -- The period between any two (2) consecutive rondings of the Company's meters at approximately thirty (30) day intervals.

(5) Customer -- Ohio municipal corporation owning and operating an c1ccerical distributton system .In the State of Ohio

.() which has an a'greement with AMP-Ohio for the purchase of electric power and energy pursuant to terms and condici'or.s consistent with those hereinafter set forth.

(6) Company Supplied Energy -- Energy produced at purchased by the Company.

(7) Company Supplied Capacity -- Capacity protNced or purchased by the Company.

II. Availability of Rate (1) AKP-Ohio shall provide in Exhibit A the total estimated maximum demand of all of the Customers' distribution systems on the Company's system. Such maximum demand may be increased by AMP-Ohio not more frequently than annually with the Company's consent. The Company will supply such maximum demand; furthermore, energy in excess of the total estimated maximum demand will be supplied when such capacity is available, but the Company reserves the right to refuse such excess when to do so would jeopardize the quality or centinuity of service to others.

(2) AMP-Ohio agrecs that service is available on chia rate only O

if the Customers 118,ted in Exhibit A limit their purchases of electrical energy and capacity other than under this

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- . - ..-------,_--..-----.------._---,--------,---.-.,.-m- - - - - - - . . - - - - - . -.

Agreement to a maximum of 160 megawatt-months annually and 27 megawatts in any month in 1983 and co a maximum of 216 megawatt-months annually and 30 megawatts in any month during the year 1984 Such maximums shall incrocse by 12 megawatt-months annually and 1 megawatt in any month each year thereafter. In the event that less than all of the municipal electric systems presently receiving wholesale electric service under the Company's FERC Electric Tariff, Original Volume No. 1 become Customers listed in Appendix A, the maximum purchases of electrical energy and capacity which may be purchased by AMP-C'.tio other than under this Agrececnc for resale to such Customers saall be a fraction of the quantities specified above, the numerator of which is the total metered megawatt-month, demands for the year 1982 for all municipal customers listed in Appendix A and i the denominator of which is the total motored megawatt-month demands for the year 1982 for all municipal customers

' presently receiving service under the Company's FERC electric tariff, all quantities to be rounded to the -

nonrest megawatt-month.

I (3) In July of each year for those Customers on the lines of the Company, AMP-Ohio will provide to the Company a monthly

  • schedule, tu whole acgawatts, of the projected maximum

(~3 s_/ demands and total energy to be supplied to these Customers from sources other than the Company for the following year, l

together with estimates of the same data for the succeeding I two years. In December of any year, AMP-Ohio may reduce Cas monthly scheduled demands and energy to be supplied trom sources other than the Company for the fellowing year.

In December of onch year ,for the following year, AMP-Chio shall provide hourly coincident demands for any month in which the monthly load factor of power supplied from sources outside the Company is schedulsd to be less than 100%. In no event shall the maximum demands and energy to be supplied as reflected in said schedule exceed the maximums set f or:h in II(2) above.

(4) Additional Customers proposed by AMP-Ohio but not initially listed in Exhibit A may be served under this Agreement on l

such terms and conditions as may be acceptable to the Company, (5) If the scheduled deliveries of power from sources of i

l electrical supply permitted pursuant to paragraph II (2) above exceed the actual hourly requirements of those l . Customers receiving the supply or exceed the maximum l

permitted pursunne to II(2) above, the Company may retain

() the electricity at no cost.

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III. Pricing of Rate (1) Demand Charges

a. Race Production capacity . . . .. . . . 34.00/KW/ Month Transmission Capacity . . . . . . . $2.25/KW/ Month Distribution capacity . . . . . . . $1.25/KW/ Month Reactive capacity . . . . . . . . . 5 .20/KVAR/ Month
b. Calculation i For the purposes of calculating the demand charges at the rates set forth above, the following definitions will apply:

Production Capacity -- Company Supplied Capacity delivered to each Customer, as measured at the time of the monthly maximum noncoincident peak demand at each Customer Delivory Point.

...o Transmission Capacity -- Except as provided in sub-saction (c) of this section, the sum of Company

_. Supplied Capacity and capacity purchased under Sectica

. II(2) delivered to each Customer, as measured at the time of the monthly maximum nonceincident peak demand at each Customer Delivery Point.

Distribution Capacity -- Except as provided in sub-section (c) of this section, the sum of Company Supplied Capacity and capacity purchased under Section II(2) delivered to each Customer, as measured at each Customer Delivery Point at the time of the monthly maximum coincident peak demand where the service voltage at the Delivery Point is twelve kilovolts (12KV) or lower.

Reactive Capacity -- The reactive requirements of the Customer at the Delivery Point at the time of the monthly maximum noncoincident peak demand for production capacity.

c. Buckeye Power, Inc. Supplemental Seasonal Power It is agreed that the transmission of supplemental Os seasonal power made available by Buckeye Power, Inc.

pursuant to the rate schedule established in FERC

Docket No. ER81-518 (Feb. 1, 1982) as amended or revised is subject to the final determination of the issues raised in Buckeye Power, Inc. v. The Cincinnati Cas & Electric Comeany, Docket No. EL79-20. If it is finally determined'in that proceeding that a party to the Power Delivery Agreement dated January 1, 1968 with Buckeye Power, Inc. is obligated to transmit power generated by Buckeye Power Inc. to municipal electric systems within Ohio under the rates, terms and conditions set forth in such Power Delivery Agreement, the Company shall provide such transmission service pursuant to the provisions of the Power Delivery Agreement and shall make appropriate refunds.

If it is finally determined that a party to the Power Delivery Agreement is not so obligated, the transmission of supplemental seasonal power made available by l

Buckeye Power, Inc. shall be pursuant to the provisions of this Agreement, at the rate set forth in Section III(1)(a) as Transmission Capacity and Distribution Capacity (if applicable), in lieu of those contained in the rate schedule established in ER81-518, as amended or revised.

During the pandency of any judicial proceeding to

() resolve the issues discussed above, or settlement thereof, the parties agree that supplemental seasonal power made available by Buckeye Power, Inc. shall be pursuant to the rate schedule established, subject to

' refund, in ER81-518, as amended or revised. Furthermore, beginning with the effective date of this Agreement.

l the parties agree that Buckeye Power, Inc. payments to the Company for the transmission of said supplemental seasonal power is reasonably reflected by a credit to the rate schedule charges of $1.00 per KW of Demand l

per Month for transmission capacity and St.40 per KW of Demand per Month for distribution capacity. The l parties further agree that charges for the delivery of power made available by Buckeye Power, Inc. , shall be billed to and paid for by AMP-Ohio.

(2) Energy Charges

a. Rate Nuclear Energy Charge -- The nuclear energy charge shall be the result of the multiplication of the ,

nucl2ar portion of energy supplied by the nuclear energy race.

) Fossil Energy Charge -- The fossil energy charge shall be the resul t of the multiplication of the Customer's

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4 O total energy consumption minus the nuclear portion by the fossil enetsy rate.

b. Calculation For the purposes of calculating the energy charge rates above, the following definitions will apply:

The nuclear portion of energy is the sum total of all Company Supplied Energy measured at each Delivery Point multiplied by the nuclear energy ratio.

The nuclear energy ratio is the Company's share of net nuclear energy generation for the current billing month divided by the Company's net energy generation, i including purchased power energy, supplied to the Company's transmission and distribution system for the same billing month.

1. The nuclear energy rate is a per kilowatt hour charge derived from the summation of the following monthly costs:

(1) nuclear fuel expense as accounced for in the

-( ) - ~ Federal Energy Regulatory Commission Uniform System of Accounts (hereinafter "FERC Accounts")

518, (2) interim and permanent spent nuclear fuel disposal expense as accounced for in FERC Account 518, (3) unit of production depreciation expense as accounted for in FERC Account 403, (4) ton percent (10%) of the sum of (1), (2) and (3),

.7 (5) Delivery Voltage f.oss Level factor of 2.5% for Customers receiving service above 12KV and 6% for Customers receiving service at 12KV or below, and (6) excise taxes.

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- 11. The fossil energy race is a per kilowatt hour charge i for Company Supplied Energy derived from theesummation

.. of the following:

l Energy Cost derived as the average cost for the t

(1) billing month of (a) incremental fuel expense as reflected in FERC Accounts 501 and 547 based upon I the hourly usage of the Customers as a group; (b) operation and maintenance expenses based upon an l average of the previous twelve months of histor-ical data as reflected in FERC Accounts 500, 502-507, 510-514, 546, 548-550 and 551-554; and

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k/ (c) incremental purchased power energy expense as reflected in FERC Account 555 based upon the

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O hourly usage of the Customers as a group. The Energy Cost shall be based on the highest cost unit or units then being operated or purchases being made to satisfy the needs of the Customers

-as the fina1' increment of the Company's native load;

!.. (2) ten percent'(10%) of the Energy Cost calculated

. in (1);

(3) Delivery Voltage Loss Level factor of 2.5% for Customers receiving service above 12:CV and 6% for Customers receiving service at 12KV or below; and (4) excise tax.

(3) Customer Charge i

Customer Charge . . . . . . . . $800/ Month / Delivery Point (4) Transformer Ownership Charse

a. Rate Transformer Ownership Charge . . . . .S .30/KVA/ Month
b. Calculation O When the Company agrees to own and maintain the substation transformer and related equipment c.tda r this Agreement, the charge shall be calculated on the amount.of transformer capacity.

(5) Rate Changes Nothing con:ained herein shall be construed as affecting in any way the right of the Company furnishing service under this rate to unilaterally make application to the Federal Energy Regulatory Commission for a change in rates under section 205 of the Federal Power Act and pursuant to the Commission's Rules and Regulations promulgated thereunder.

The Company, in so doing, will not request an increase which in total effect is greater than six and one-half percent (6.5%) per year compounded annually on charges set forth in section III, paragraphs (1), (3) and (4), concerning demand, customer and transformer ownership, respectively.

The energy charges, set forth in section III(2), tra not subject to this limitation, although the multiplier set forth in III(2)(b)(1)(4) and (11)(2) will remain constant at ten percent (10%); and the method for calculating the rate shall not be changed.

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IV. Term of Contract i Subject to the Company's right to terminate, the term of this Agreement shall be for a period of three (3) years from its effective date and shall continue thercafter unless a written

. notice to the contrary is given by AMP-Ohio to the Company at least two (2) years prior to the expiration of the original term or any continuation thereof. The Company shall have the right

, to terminate this Agreement at any time upon one (1) year i written notice to AMP-Ohio with copies to the Customers. If the Company notifies the parties of its intention to terminate this Agreement, AMP-Ohio or any Customer has the right at any time during the notice period to immediately cancel its obligations hereunder.

i Prior to exercising any right to terminate this Agreement, the Company agrees to have on file with the Federal Energy Regulatory Commission a partial requirement tariff which will be available to the Customers or td AMP-Ohio on behalf of some or all of the Customers on a nondiscriminatory basis. Under the terms of the parcial requirement tariff to be filed, the monthly maximum noncoincident peak demand for generation capacity billing purposes shall not be less than (1) 35% of the highest mor' Ly maximum noncoincident peak demand from Company supplied ca,. city during the preceding twelve months if the Customer or AMP-Ohio chooses to terminate this Agreement, or (2) 0% if the Company unilaterally terminates this Agreement.

V. Metering (1) All energy will be measured at the service voltage at the Delivery Point. In cases where the Company elects to measure at a secondary voltage, the Company day at its option, adjust the reading to a primary basis by the use of compensating meters.

(2) The Company shall install suitable kilowat; hour meters for the purpose of determining the amount of electric energy consumed by the Customer and suitable demand meters for the purpose of determining the maximum noncoincident peak demand experienced by the Customer. The Customer will provide space for the Company's meters and metering equip-ment without charge to the Company. All meters and metering equipment are and shall remain property of the Company.

(3) Meters shall be tested and calibrated by the Company by comparison to securate standards at intervals of not more than 18 months. If a meter shall be found incorrect or O inaccurate, it shall be restored to an accurate condition or a new meter substituted. The Customer or AMP-Ohio shall

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1 O have the right to require a special meter test at any time.

If such a test discloses that the meter tested is regis-taring within 2%'of normal, the Customer er AMP-Ohio shall bear the expense of such test. The expense of all other ,

tests shall be borne by the Company.

(4) Any meter tested and found not more than 2% above or below normal shall be considered to be correct and accurate insofar as correction of billing is concerned. If any meter is found to be more than 2% above or below normal, then the readings of such meter taken for billing purposes shall be corrected according to the percentage of inaccuracy so found, but no correction shall. extend beyond thirty (30) days previous to the day on which inaccuracy is discovered by test. Meters shall be adjusted as nearly as practical to 100.0% at the time of any meter test and the Company shall furnish a copy of the meter test teruit's when requested by the Customer or A?.4P-Ohio.

(5) For any period that a meter is found to have failed wholly or in part to register, it shall be assumed that the demand established or energy delivered as the case may be, during said period, is the same as that for a period of like operation during which such meter was in service and operating.

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VI. Delivery Point Equipment (1) The substation, including the site, structures, founda-tions, fence, electrical equipment and all other necessary facilicios shall be furnished, installed, owned and main-tained by the Customer.

The design and construction of the substation and the rating and specifications of the electrical equipment shall be subject to approval by the Company, which approval shall not be unreasonably withheld.

When, in the reasonable judgment of the Company, trans-mission circuit breakers are required in the Customer's substation for assuring the continuity of service to the Customer or for the protection of service to other Customers, the Customer shall furnish, own and mainesin such circuit breakers with racing as specified by the Company.

The Customer or AMP-Ohio shall provide, without charge to the Company, the necessary space, structure and foundations for the Company's metering equipment and instruments and

() '

shall permit the Company to have access to the premises at n11 times. ,

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-lu-O O (2) The Company may agree to instnJJ, own and mcintain trans-formers and primary protective equipment for a customer who receives service at a primary voltage. Said equipment shall be of the Company's standard rating and specifica-tions to make one voltage transformation. If the Company agrecs to provide said equipment in lieu of paragraph (1) above, the Customer shall pay the Transformer Ownership Charge as provided in the rate schedule.

(3) The Company shall have access to the premises at all times.

All equipment furnished by the Company shall be and remain the property of the Company.

VII. Service Continuity .

-(1) The Company Supplied Energy shall be three phase, 60 Hertz, primary current from the Company's overhead transmission circuits delivered at approximately twelve kilovolts (12KV) or higher with a ten percent (10%) allowable voltage variation.

(2) The Company in furnishing electric service does.not contract or warrant against service interruptions, phase failure, I

() , phase reversal, or variations in service characteristics and the Company shall not be liable because of the occur-rences of any or all of the foregoing. However, the Company will use reasonabic diligence in providing the usual safeguards for its essential equipment and make every reasonable effort to restore normal service'promptly.

(3) The Customer shall make every reasonabic effort to maintain at all times practically balanced loads on the individual phases of the supply circuit or circuits at the metering location of the Company.

(4) The Customer shall provide all equipment necessary for the operation of its system so that the Company's supply voltage shall not be subject to excessive variation as the result of the Customer's requirements.

VIII. Billing and Payment l (1) The Company shall each month render to AMP-Ohio, with a duplicate copy thereof to the Customer involved, a statement for amounts due under this Agreement for service at each l

Delivery Point and AMP-Ohio shall pay such amounts within twenty (20) days af ter the date of the statement to AMP-Ohio.

O. In the event of the nonpayment of any amounts due hereunder to the Company from AMP-Ohio for a period of thirty (30)

( days after the same is due and payable, then the Company shall have the right-to discontinue deliveries of electric power and energy hereunder forthwith to the Delivery Point (s) involved. It is understood and agreed, however, l that such discontinuation of delivery shall not constitute a breach of this Agreement by the Company nor work a '

forfeiture of any rights of the Company hereunder. Any expense the Company may reasonably incur by reason of such default and discontinuation of delivery shall be borne by AMP-Ohio. AMP-Ohio shall pay interest an any everdue payments hareunder after such termination date at the rate of one percent (1%) per month for the period of default and until all overdue amounts have been paid in full.

(2) If either party hereto fails to carry out any of its ,

obligations hereunder for a period of sixty (60) days after

-written notice of such failure is delivered to such party by the other party hereto, the party giving such notice shall have the option of terminating this Agreement and recovering payment from the other party for any losses or damages resulting from such failure of performance.

i (3) In order to assure the Company that all payments made by the Customers to AMP-Ohio for service from the Company

() under this Agreement flow to the Company and that its Customers meet all the obligations under said Agreement, AMP-Ohio hereby assigns and pledges to the Company all sums paid or payable to AMP-Ohio by its Custorer for the power and energy supplied by the-Company to AMP-Ohio under this Agreement as well as all rights of AMP-Ohio to receive such payments under their arrangement with its Customers for said services and to require the performance of all terms and conditions of this Agreement which affect the Customer.

AMP-Ohio agrees to take all action necessary including the execution of documents and delivery of notices in order to implement and carry into effect this assignment and pledge.

, IX. Terms of Payment The nit amount billed is due and payable within a pc.riod of twenty (20) days. If the full not amount is not paid on or

' before the twentieth (20th) day after the bill for payment is rendered, the gross amount which is five percent (5%) more than the net amount is due and payable as to any unpaid amount. l i

' In the event a dispute arises as to any billed amount, the term l of this section shall apply, provided however, that upon resolution of the dispute the difference, if any, between the amount n/

s_ finally determined to be owing and any amount paid shall be credited to the customer along with interest from the date of

O payment at the race prescribed in Part 35.19(a) of the Rules and Regulations of the Federal Energy Regulatory Commission.

X. AMP-Ohio / Customer Agreement AMP-Ohio agrees to take appropriate action by agreement or otherwise with its Customers receiving service under this rare to satisfy its obligations under this Agreement.

XI. Operation of Facilities AMP-Ohio and its Customer (s) agree that no Delivery Point will be operated in parallel with any other Delivery Point except in i cases of emergency with prior notification to the Company. The Customer may, during an emergency, parallel two Delivery Points under this Agreement for purposes of switching so that they may avoid interruption of service. During such emergency operation for convenience of the Customer, the Company will not be respon-sible for any damages which might result from such operation, and the Customer and AMP-Ohio shall hold Company harmless against any and all claims for damages which might result from snid operations.

III. Arbitration Any controversy, claim, counterclaim, defense, dispute, difference or misunderstanding arising out of or relating to this Agreenant or breach thereof, shall be settled by arbitration before three crhitrators; one of whom shall be named by AMP-Ohio, one of whom l shall be named by the Company and the third of whom shall be l named by the two arbitrators appointed by AMP-Ohio and the i

Company, respectively, or the American Arbitration Association  ;

The arbitration shall be conducted in if they cannot agree.

accordance with rules of the American Arbitration Association then in effect and judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction thereof. This provision shall survive the termination of this Agreement. The parties expressly agree that this provision shall constitute a condition precedent to the institution of any proceedings in any court relating to the subject matter thereof.

l XIII. Liabiliev l The Company and the Customer shall each save the other harmless l i against liability for injuries or damages resulting in any manner from the negligent construction, location, operation or

. ._ maintenance of its own lines and facilitics.

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. . - - . -.,-,w-w, , .

l O XIV. Notices It is understood and agreed that all notices given by the l parties under this Agreement shall be made by Certified Mail, in envelopes securely sealed, with sufficient pestage thereon.

Notices to the Company shall be directed to the Rate Director, Toledo Edison' Company, 300 Madison Avenue. Toledo, Ohio 43652; all notices given by the Company to AMP-Ohio shall be directed to American Municipal Power-Chio, Inc., Attention: Executive

~

Manager, P.O. Box 21315, Columbus, Ohio 43221. Notice shall be deemed given when certified and deposited in a Post Office in Ohio, in a properly stamped, addressed and sealed envelope.

IV. Assignment of Agreement i It is understood that this Agreement shall be binding upon and inure to the benefit of the successors or legal representatives of the respective parties hereto, but no assignment by either party hercco shall be binding upon the other party hereto, unless agreed to in writing by such other party, which will not be unreasonably withheld.

XVI. Waivers

(])

Any waiver at any time by either party hereto of its right with respect to a default under this Agreement, or with respect to any other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent def ault or matter. Any delay, short of the statutory period of limitation, in assceting or enforcing any right under this Agreement shall not be deemed a waiver of such right.

XVII. Effective Date This Agreement shall become effective as of the date first above written. It shall be subject to the rules and regulations of any reguintory body having jurisdiction. However, it is the agreement of the parties that the sale of power to AMP-Ohio hereunder shall commence on the first day of the first month '

following_FERC's acceptance of this. agreement for filing and that power and energy shall be billed to Toledo Edison's municipal

customers and paid for by them at the presently effective rates

! until suca time. They further agree that the intent and purpose

! of the June 1, 1983, effective date of this agreement shall be fulfilled by Toledo Edison's refunding to each of its municipal f customers listed in Exhibit A the difference between: (a) the 5

s amounts cach paid for power and energy between ' June 1, 1983 and the commencement of deliveries to AKP-Ohio hereunder and (b) tne

- 1/. -

amounts which AMP-Ohio would have paid for such power and energy had this agreement been.in effect beginning June 1, 1983.

IN TESTIMONY WHEREOF, witness signaturc for AMP-Ohio in the presence of the undersigned competent witnesses as of the day and date first above mentioned.

WITNESSES:

- AMERICAN MUNICIPAL POWER-OHIO, INC.

By i

IN TESTIMONY WI!EREOF, witness signature of the Company in the presence of undersigned competent witnesses as of the day and date first above mentioned. ,

WITNESSES THE TOLEDO EDISON COMPANY i./

By , <

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TOLEDO EDISON CO. I l

APPROVED DEPT. l NAME DATE LEGAL 7;p// ,, /: >.

RATE W'. 4/ay/t?

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g THE TOLEDO EDISON COMPANY

/ FERC Electric Tariff Original Volume No. I .- Original Sheet No. 41 3 Municipal Resale Service Partial Requirements Rate 4

AVAILABILITY:

Available to municipal corporations served at transmission or i

distribution primary voltage and to non-profit corporations purchasing electricity on behalf of a municipal corporation or corporations, purchasing part of their electric service from The Toledo Edison Company.

Monthly Rate:

(1) Demand Charge:

Genoration Capacity Billing Charge Base KW of Demand per KW $16.00 i Excess KW of Demand per KW 18.00 Tranamission capacity Billing Charge per KR S 2.25 g Distribution Capacity Billing Charge per KR 1.25

/

Reactive Demand Charge per KVAR S 0.20 (2) Energy Charge:

.s All KWH per KWH $ . 01966 (3) Customer Charge:

4\

The monthly customer charge per delivery peint shall be $800.00.

FUEL COST ADJUSTMENT:

The charges for all kilowatt hours billed in any billing period shall be increased or decreased by a fuel adjustment charge or credit computed in accordance with the following formula:

Fuel Adj ustment per KWH - F, - .017536 S

1-T

~'

li

( )# (Continued)

Issued by: John P. Wil11anson Effective: March 1, 1984 Chairman and Ch'ef Executive Of ficer . Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984 4

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i, THE TOLEDO EDISON COMPANY FERC Electric Tariff

. ( }) Original Volume No. 1 Original Sheet No. 42 1

Where: .017536 is the fuel cost per KWH of sales in the base  !

period, "F" is the fuel expense for the calendar month preceding

,' the billing month, "S" is the Ka'H sales for same period, and "T" is the effective tax rate as defined below:

"F" shall be the net sum of:

(a) The cost of fossil and nuclear fuel consumed in the Company's evn generating plants, including the Company's share of the cost cf fuel consumed in jointly owned plants, leased plants and plants which supply energy to the Company under unit purchase agreements; (b) The identifiable fossil and nuclear fuel costs asso-ciated with energy purchased for reasons other than i identified in (c) below; (c) The net energy cost, exclusive of capacity or demand charges, of all energy purchased on an economic dispatch basis, energy purchased as a result of a scheduled outage and other energy purchased as a substitute for

) the Company's own higher cost generation; and less (d) The cost of fossil and nuclear fuel recovered through inter-system sales including all sales made on an economic dispatch basis.

"S" shall be the net sum of:

(a) Net generation, including net receipts from jointly owned plants, leased plants and plants which supply energy to the Company under unit purchase agreements; (b) Purchases; (c) Interchange-in: less t

(d) Inter-system sales; and less (e) Total system transmission losses to the level of wholesale sales for resale delivery level.

(Continued)

Issued by: John P. Williamson Effective: March 1, 1984 Chairman and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984

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THE TOLEDO EDISON COMPANY FERC Electri'c Tariff

()} Original Volume No. 1 Original Sheet No. 43 L .

, "T" shall be the sum of all State Excise Taxes and other revenue based' taxes applicable to these fuel adjustment revenues expressed as the effective percentage rate.

MONTHLY GENERATION CAPACITY BILLING DEMAND:

Determination of Generation Capacity Billing Demand:

Base Generation Capacity Billing Demand in kilowatts for the month shall be the highest 60-minute load at Customer's delivery point less outside purchases adjusted for losses, with the following limitations:

1. The Base Generation Capacity Billing Demand shall not be less than:

(a) 3000 KW if served at transmission voltage or 200 KW if served at distribution voltage; or (b) 70% of Customer's estimated 60-minute demand from Company sourc<s for that month as provided for in Customer's current three-year Demand Schedule; or s/

) (c) 65% of the highest Generation Capacity Billing Demand during the preceding twelve months; or (d) Notwithstanding (c) above, if a customer takes service under this Partial Requirements Race, after having previously purchased its requirements from American Municipal Power-Ohio under a contract executed in accordance with the Municipal Resale Service Rate Agreement dated as of June 1,1983 between American Municipal Power-Ohio and the Company, the Base Generation Capacity Billing Demand during the first twelve months of service under this Partial Require-ments Rate shall be not less than 35% of the highest Generation Capacity Billing Demand calculated as if the customer bad been receiving service under this Partial Requirements Rate as of the date it becomes effective for such customer choosing to terminate the Municipal Resale Service Rate Agreement, or 0% if such customer transfers to the Partial Requirements Rate as a result of the Company terminating the Municipal Resale Service Rate Agreement.

l_ 2. The Base Generation Capacity Billing Demand shall not be more than 120% of Customer's highest estimated 60-minute demand from Company sources for that year as provided for in ~

Customer's current three-year Demand Schedule.

( (Continued)

Issued by: John P. Williamson Effective: March 1, 1984 Chai= man and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984 j' ,

THE TOLEDO EDISON COMPANY 3#

FERC Electric Tariff Original Volume No. 1 Original Sheet No. 44 Excess Generation Capacity Billing Demand in kilowatts for the month shall be the difference, if any, obtained by subtracting from the highesc 60-minute demand on the Company during the month the product of Customer's highest estimated 60-minute demand from Company sources for that year as provided for in the Customer's current three-year Demand Schedule times 120%.

MONTHLY TRANSMISSION CAPACITY BILLING DD!AND:

Transmission Capacity Billing Demand in kilowatts for the month of transmission and distribution level customers shall be the highest of:

1. 3000 m if served at transmission level or 200 KW if served at distribution voltage; or
2. The highest measured 60-minute load at Customer's delivery point; or
3. 60% of the highest Transmission Capacity Billing Demand during the preceding twelve months, MONTHLY DISTRIBUTION CAPACITY BILLING DEMAND:

Distribution Capacity Billing Demand in kilowatts for the month shall U

1 be the highest of:

I 1. 200 KW; or

! 2. The highest measured 60-minute load at Customer's delivery point; of

3. 60% of the highest Distribution capacity Billing Demand during the preceding twelve months. .

The Distribution capacity Billing Demand shall be zero KW if the Customer is served at 23 KV or above.

l MONTHLY REACTIVE BILLING DEMAND:

The monthly reactive billing demand shall be the maximum 60-minute demand in kilovers furnished during the month.

MONTHLY BILLING KWH:

l The Energy Charge shall be based upon the total KWH metered less scheduled energy received from non-Company sources adjusted for losses.

f (Continued)

Issued by: John P. Williamson Effective: March 1, 1984 Chairman and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984

f THE TOLEDO ED*150N COMPANY

') FERC Electric Tariff Original Volume No. I Original Sheet No. 45 TAX ADJUSTMENT:

The net amounts of the monthly bills for electric service at the rates herein, exclusive of Fuel Cost Adjustment, shall be changed by a percentage equal to the change from four and three-quarters petcent (4.75%) in the aggregate percentage of excise taxes in effect as imposed by any taxing authorities and applicable to ~

revenues received by the Company plus a pro-rate portion of any new tax which may be imposed by any taxing authority that is i based upon gross revenue, number of customers, number of bills, I net income or any other basis related to purchase, sales or promotion.

The adjustment for any such new tax shall be determined by computing what the dollar amount of taxes would have been for the most recently available 12 months which would have resulted from all such tax impositions and changes which have occurred since January 1,1983, and dividing such dollar amount by the total electric operating revenue during such 12 month period. The quotient so obtained, expressed to five decimal places, i.e.,

.00000, shall represent the adjusting factor by which the p] customer's net monthly bill shall be multiplied to determine

\_/ the amount of adjustment that such tax imposition or change will add to or subtract from said net monthly bill, until such time as another such new tax is enacted or any rate change is made in sny such tax.

TRANSFORMER OWNERSHIP ADJUSTMENT:

When the Company agrees to own and maintain the substation trans-former and related equipment under this race schedule, an additional monthly charge of thirry-five cents (35c) per KW of Monthly Distribution- Capacity Billing Demand will be made.

MONTHLY MINIMUM CHARGE:

The net minimum charge for any menth shall be the Customer Charge l plus the Generation Capacity, Transmission Capacity, and l Distribution Capacity charges for the month plus applicable adj ustment charges.

TERMS OF PAYMENT:

l The net amount billed is due and payable within a period of fifteen days. If the net amount is not paid en or before the O) (Continued)

Issued by: John P. Williamson Effective: March 1, 1984 l

! Chair =an and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984 l

\

THE TOLEDO EDISON COMPANY E FERC Electric Tariff O) Original Volume No. 1 Original Sheet No. 46 date shown on the bill for payeent of due amount, the gross amount which is five percent more than the not amount is due and payable.

In the event a dispute ariser 'as to any billed amount, the terms of this section shall apply, provided however, that upen resolution of the dispute the difference if any between the amount finally determined to be owing and tiny amount paid shall be credited to the customer along with interest from the date-of payment at the rate prescribed in Part 35.19 (a) of the rules and regulations of the Federal Energy Regulatory Commission. l l

TERM OF CONTRACT:

Except as may be agreed in the Service Agreement to be signed by the Customer or otherwise, the term shall be not less than four years and shall_be self renewing for increments of two years except that the Company may require a new Service Agreement for at least i four years whan additional capacity is installed as a result of the Customer's requirements. Either party may terminate the service upon two years' written notice given after the end of the second year. Nothing contained herein shall be construed as affecting in any way the right of the Company furnishing service under this rate to unilaterally make application to the Federal Energy Regulatory Commission for a change in rates under section 205 of the Federal Power Act and pursuant to the Commission's Rules and Regulations promulgated thereunder.

DEMAND SCHEDULE:

By July 1 of each year the customer shall provide a schedule of the highest estimated 60-minute demand from Company sources for each month for the following three calendar years in 100 kilowatt increments. In the following- July, the f'.rst two years of the new schedule shall be the same as previously indicated for those calendar years unless the Company agrees to an increase in the amount.

OUTSIDE PURCHASES:

All purchases from non-Company sources must be scheduled one week in advance in increments of whole megawatts and must be contracted for on a firm basis for periods of not less than one month. Scheduled amcunts may vary between on-peak and off-peak periods. The on-peak (Continued) f Issued by: John P. Williamson Effective: March 1, 1984 Chairman and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984

t' .

THE TOLED'O EDISON COMPANY

.O FERC Electric Tariff d Original Volume No. 1 Original Sheet No. 47 I

period : hell be the hours of 8 a.m. to 10 p.m. Weekdays )

excluding holidays. The remainder of the time shall be the  ;

off-peak period. Amounts scheduled in excess of the customer's  !

needs, on an hour by hour basis, may be retained by the Company at no Cost.

SPECIAL RULES: ,

4 i

(1) This schedule covers the supply of three phase, 60 Hertz, primary current from the Company's ove rhead transmission i

circuits or distribution circuits not less than four thousand (4000) volts. The bill for r.ny customer receiving service under this Partial Requiremer.ts Rate which was 4 previously purchasing its full requirements from the Company at multiple delivery points under more than one other race schedule of the Company shall be determined i by totalizing the demand separately for the delivery point (s) to which each such other rate schedule applied, but only one customer charge will be imposed.

(2) All energy will be measured at the service voltage. In y cases where the Company elects to measure at a secondary voltage, the Company may at its option, adjust the reading to a primary basis by the use of compensating meters.

(3) The substation, including the site, structures, foundations, fence, electrical equipment and all other necessary facilities shall be furnished, installed, owned and maintained by the customer.

The design and construction of the substation and the rating and specifications of the electrical equipment shall be subject to approval by the Company, which approval shall not be unreasonably withheld.

When, in the r6asonable judgment of the Conpany, transmission circuit breakers are required in the customer's substation for assuring the continuity of service to the customer o; for the protection of service to other customers, the customer shall furnish, own and maintain such circuit breakers with rating as specified by the Company, i

i O' (Continued)

Issued by: John P. Williamson Ef f ective : March 1, 1984 )

Chairman and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: . March 1, 1984 No. ER84-164-000 dated January 31, 1984

THE TOLEDO EDISON COMPA.l T i

} FERC Electric Tariff Original Volume No. 1 Original Sheet No. 48 The customer shall provide, without charge to the Company, the necessary space, structure and foundations for the Company's metering equipment and instruments and shall permit the Company to have access to the premises at all ,

times.

(4) The Company may agree to inctsil, own and maintain trans-formers and primary protection equipment for a customer who '

receives servic.e at a primary distribution voltage. Said equipment shall be of the Company's standard rating and spe ifications to make one voltage transformation. If the Company agrees to provide said equipment in lieu of Rule (3) above, the customer shall pay the Transformer Ownership Charge as provided in the rate schedule.

The customer shall provide the necessary site and furnish, install and maintain'the foundations, structures and fence.

The Company shall have access to the premises at all times.

All equipment furnished by the Company shall be and remain the property of the Company.

(5) Nothing to the contrary withstanding, the minimum base generation capacity billing demand and transmission capacity billing demand for the following municipalities shall not be less than:

Pemberville 200 KW/ Month Montpelier 1000 KW/ Month Bowling. Green 4000 KW/ Month I

Issued by: John P. Williamson Effective: March 1, 1984 Chairman and Chief Executive Officer Pursuant to F.E.R.C. Docket Issued on: March 1, 1984 No. ER84-164-000 dated January 31, 1984

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J Exhibit til Update of the

- f- Operating License for Beaver Valley Nuclear Power Station, Unit No. 2 INFORMATION REQUESTED BY THE NUCLEAR RFGUI.ATORY COMMISSION IN CONNECTION WITil ITS ANTITRtiST KEVIEW j

ANSWERS OF THE TOLEDO EDISON COMPANY Toledo Edison Supplemental Wholesale Rate Schedule -_

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~ _ _ .. _ _ _ _ _ _ _ _ _ _ _ _

THE TOLEDO EDISON CGTPANY Supplemental Resale Service Rate Agreement 985, by THIS AGREEMENT, made and entered into as of the 1st day its of June,1 and between The Toledo Edison Company, an Ohio corporacionihaving after principal business office at 300 Madison Avenue, <. ado Ohio Corporation, hereinaf ter referred to as " AMP-Ordo";

WITNESSETH:

d WHEREAS, AMP-Ohio is an Ohio corporation net for profit organized to own a operate and contract for facilities for the-seneration, transmission or

. distribution of electric power and energy and to furnish technical service on a nonprofit basis for the mutual benefit of its Customers, such Customers being, and to be electric systems owned and operated by municipal corp in the State of Ohio; and WHEREAS, the Customers have contracted to purchase electric power l and ene needed for resale and distribution to the retail users of their ele distribution systema from AMP-Chio; and .

WHEREAS, the Company and AMP-Chio are partise to a Municipal Rasele O Rate Agrcement dated as of June 1,1983 (Toledo Edison Race Schedule F No. 31), pursuant to which the Company has agreed to fsupply a portion of its customers; the power and energy required by AMP.Wo4rve the needs~,o sad l WRMAS, AMP-Gdo has offered the Company an opportun[cy to supply during addi amounts of power and energy required to serve the needs of its Customers-the Summier of 1985; and f

WHEREAS, conditions on.the Company's system are such as to herein- make this sa additional amounts of power and energy' upon the terms and conditions after set forth beneficial to both the Company and AMP-Chio; NOW, THEREPORE, in consideration of the premises and of the mutual co and agreements herein contained, the parties agree as follove:

31, 1985, the Company shall

1. During the period June 1,1985 through August provide power and energy in excess of the 344== amount specified in Articia II of the Municipal Resale Service Such Rate purchasesAgre Term Power hereinafter refected to as " Supplemental Power"). d l

of Supplemental Power, insofar as deliveriais are made to customers idered as serve under the Municipal Resale Service Rate Agraecent, shall be cons O part of AMP-Chio's entitlement to purchase altetrical energy and capac other than under the Agreement of June 1,198L

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O:AMP-Ohio " inter ta m rive =**== d 7 art == t= ch ==== ==

and the Company shall mutuany agree upon the Said agreement is tonumber be of m I

Supplemental Power to be reserved during such month. identifying evidenced by the exchange of a Servicia Specification document pertinent information If, as to amounts during the month in reserved, scheduling, which Supplemental delivery Power has arrange-ments, pricing, etc.

4 been reserved, conditions arise that could not have been reasonably the foreseen at the time of reservation and cause the reservation to befirmed d burdens Company, the Company may, upon 48-hour notice to for such times as it shan specify in such notice. ii i g in any the Company shall provida AMP-Ohio with the optionIf of the partreduction c pat n occurs, .

outside purchase being made to reduce said burden. d d in proportion to the demand charges payable under Section 4 shan be re iuce in effect. In the number of days and number of megawatts such reduct on wasthe needs of its Custom i der the event AMP-Ohio determines it win meetin Exhibit li ADemand of the June,19 that Agreement, the Company agress to a pro-ration of the resu t ng Charges.

3. During each month that Supplemental Power has been reserved, b the f Compan shan upon call provide Supplemental Power up to and including the inum er o megawatts reserved for that month and deliver associated energy ding to AM as scheduled by AMP-Chio, in an amount during each hour up to and inclu 1

O the ==m6er of mes w ets of SuPP ement=1 rower ene= bei== 91ov

4. AMP-Chio shall pay the Company the following demand charges for an '

f Supplemental Power it purchases from the Company in any month, determ pursuant to Paragraph 2 above:

for a n Supplemental Power delivered

$3.50/kw/ month to AMP-Ohio where the service voltage ,

of the Delivery Point is higher than twelve kilovolts. ,

for all Supplemental Power de11vered

$4.83/kw/ month to AMP-Chio it.:r: the service voltage at the delivery point is twelve kilovolts (12 kv) or lower.

For Supplemental Power being supplied to AMP-Chio for its h customers s under the Municipal Resale Service Rate the Agreement as identified Delivery Points shall be as in t e Exhibits A to the June,1983 Agreement,For Supplemental Power being supplied to AMP-indicated in said Exhibits. Ohio for utilization by municipal electric systems lo inter-of a third utility system, the Delivery Points shall be the points of .

connection between Toledo Edison and a third utility system with whom AMP-Chio has made arrangea nts for the transmission of such power.

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I i .

5. A addition to the demand charge, AMP-Chio shan pay an energy charge Q foi a n energy associated with Supplemental Power and delivered to it pursuant to Paragraph 3 above.

Thescheduled energy chargeby AMP-Ohio applicable in any month shan be mutuany agreed upon by the Company and AMP-Chio at the time the reservation of Supplemental Power is made; provided, however, that the maximum energy charge for suc cost (including all operating, maintenance, tax, transmission losses and other expenses incurred that would not have been incurred if the '

energy had not been supplied) of providing such energy from the Company s own generation during such month.

6 If the delivery of Supplemental Power to any Customer involves i transmission directly or indirectly on the facilities of a third util ty system, AMP-Ohio win make au necessary arrangements for use of these facilities directly with that third system, and the Company shall not be obliged to commence delivery of Supplemental AMP-OhioPower to such expressly Customers agrees to until such arrangements have been made.

indemnify and save harmless and defend Company against a n claims, demands, costs, or expenses by any third party in connection with the delivery of power to such third system for AMP-Ohio's account.

7. The fonowing provisions of the Pmicipal Rasale Service Race Agreement betwaen the Company and AMP-Chio hereb C unless otherwise providad in the Service Specifications document:

Service Continuity Article VII -

Bining and Payment Article YnI -

Terms of Payment Article IX -

AMP-Chio/ Customer Agreement Article X -

Operation of Facilities Article XI -

Arbitration Article III .-

Liability Article XIII -

Notices Article XIV -

Assignment of Agreement Article IV -

Waivers Article XVI - i gg .

O

l ..

i This O ca. This agreement shall become effective as of June 1,1985rj 8

1 co all rules and regulations of the Federal Energy Regulatory Comission thereunder.

IN TESTIMONT WHEREOF, witness signature for AMP-Ohio in ch.s presence /b of'the undersigned competent witnesses as of the M day of /

1985 AMERICAN MUNICIPAL POWER-OH20. INC.

WITNESSES:

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L / ,c.0D0 resence IN TESTIMONT WHEREOF, witness signature of the company in A of vadersigned competent witnesses as of the M day of C/

1983.

THE TOLEIMTEDIS0lN;CMPANY O

WITNESSES:

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i The Toledo Edison Company Sale of Supplemental Power to

~

'American Municipal Power - Ohio pursuant to Agreement of June 1, 1985 Service Specifications

1. For the period: June, 1985_

50 Megawatts

2. Amount to be reserved:

100% Load Factor = 36,000,000 KRH

3. Anticipated energy delivery:
4. Allocation of purchases:

21 W within Toledo Edison service area

- 17,392 W at transmission voltage

- 3,608 G at distribution voltage 19 W via Chio Edison transmission to various municipal systems 10 W via CEI transmission to the City of Cleveland system (to be invoiced through CEI)

5. Projected Revenus:

-O Demand Charges: 46,392 N @ $3.50 = $162,372.00 17,426.64 3,608 m @. 4.83 =

36,000,000 U E @ $.02 = 720,000.00 Energy Charge: $899,798.64

6. Offered for Toledo Edison Co. by: Nes - e 8 '

. - J' 4~~ /M / 85

7. Accepted for American *=*icipal Power-Chio Sw, (.'  %-

by:

-/

hlI? 85

-Q

.