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Home My WebLink AboutFPL Load Control Program 1996 juiw 4ccoviv r Atee0 -0 8-1 -94 COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT 17+ This Agreement is made this 3o day of 1 - , 19 96 by and between City of Cape Canaveral (hereinafter called the "Customer "), located at 600 Tower B l v. in Cape C a n a v e r a, and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida (hereinafter called the "Company "). WITNESSETH 4 1996 IAN I For and in consideration of the mutual covenants and agreements expressed herein, the Company and - the :Customer agree as follows: 1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commercial/Industrial Load Control Program Schedule CILC -1 ( "Schedule CILC -1 ") as currently approved or as may be modified from time to time by the Florida Public Service Commission ( "Commission "). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule CILC -1, both parties intend to refer to Schedule CILC -1 as it may be modified from time to time. A copy of the Company's presently approved Schedule CILC -1 is attached hereto as Exhibit A and is hereby made an integral part of this Agreement. 2. Service under Schedule CILC -1 shall continue, subject to Limitation of Availability, until terminated by either the Company or the Customer upon written notice given at least five (5) years prior to termination. Should the Customer terminate service or be removed by the Company and later desire to resume service under Schedule CILC -1, the Customer must provide five (5) years' written notice prior to resuming service under Schedule CILC -1. 3. Service under Schedule CILC -1 will be subject to determinations made under Commission Rules 25- 17.0021(4), F.A.C. Goals for Electric Utilities and 25- 6.0438, F.A.C., Non -Firm Service -Terms and Conditions, or any other Commission determination(s). 4. The Customer agrees either (i) to not exceed a usage level of 0 kw ( "Firm Demand ") during the periods when the Company is controlling the Customer's service, or (ii) to provide a load reduction of kw ( "Controllable Demand ") during periods when the Company is controlling the Customer's service. If the Customer chooses to operate backup generation equipment in parallel with FPL, the Customer shall enter into an interconnection agreement with the Company prior to operating such equipment in parallel with the Company's electrical system. The "Firm Demand" level (as applicable) shall not be exceeded during periods when the Company is controlling load; nor shall the "Controllable Demand" level (as applicable) be reduced during periods when the Company has requested that the Customer operate its equipment to meet the "Controllable Demand" level. Upon mutual agreement of the Company and the Customer, the Customer's "Firm Demand" or "Controllable Demand" may be subsequently raised or lowered, so long as the change in the "Firm Demand" or "Controllable Demand" level is not a result of a transfer of load from the controllable portion of the Customer's load. The Customer shall notify the Company, in writing, at least ninety (90) days prior to either adding firm load, or reducing or removing any of the Customer's backup generation equipment. 5. Prior to the Customer's receipt of service under Schedule CILC -1, the Customer must provide the Company access at any reasonable time to inspect any and all of the Customer's load control equipment and /or backup generation equipment, and must also have received approval from the Company that the load control equipment is satisfactory to effect control of the Customer's load, and /or the backup generation equipment is satisfactory to contribute to the Controllable Demand level. The Customer shall be responsible for meeting any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of the load control and /or backup generation equipment. It is expressly understood that the initial approval and later inspections by the Company are not for the purpose of, and the Customer is not to rely upon any such inspection(s) for, determining whether the load control and /or backup generation equipment has been adequately maintained or is in compliance with any applicable electrical code standards or legal requirements. 6. The Customer agrees to be responsible for the determination that all electrical equipment to be controlled and /or backed up is in good repair and working condition. The Company shall not be responsible for the repair, maintenance or replacement of the Customer's equipment. 7. Within two (2) years of this Agreement, the Customer agrees (i) to perform the necessary changes to allow control of a portion of the Customer's load and /or (ii) to install or have in place backup generation equipment to contribute to the Controllable Demand level. Schedule CILC -1 cannot apply earlier than this date unless the Company so agrees. Should the Customer fail to complete the above work by the above - specified date, or should the Customer fail to begin taking service under Schedule CILC -1 during that year, this Agreement shall become null and void unless otherwise agreed by the Company. • 8. Upon completion of the installation of the load control equipment and /or any necessary backup generation equipment, a test of this equipment will be conducted between the hours of 7 a.m. and 6 p.m. Monday through Friday, excluding holidays. Written notice of the test shall be provided to the Company at least five (5) business days in advance of the date of the test, and the Company shall be afforded the opportunity to witness the test. The test of the load control equipment will consist of a period of load control of not less than one hour. Effective upon -the completion of the testing of the load control equipment and /or the backup generation equipment, the Customer will agree (as applicable) to either a "Firm Demand" or a "Controllable Demand ". Service under Schedule CILC -1 cannot commence prior to the installation of load control equipment or any necessary backup generation equipment and the successful completion of the test. 9. In order to minimise the frequency and duration of interruptions under the CILC Program, the Company will attempt to obtain reasonably available additional capacity and /or energy under the Continuity of Service Provision in Schedule CILC -1. The Customer elects /e1cc63156txi1* to continue taking service under the Continuity of Service Provision. Service will be provided only if capacity and /or energy can be obtained by the Company and can be transmitted and distributed to non -firm Customers without any impairment of the Company's system or service to firm Customers. The Customer may countermand the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Schedule CILC -1. The Company's obligations under this Section 9 are subject to the terms and conditions specifically set forth in Schedule CILC -1. 10. The Company may terminate this Agreement at any time if the Customer's load control equipment fails to permit the Company to effect control of the Customer's load, and /or if the Customer's equipment fails to meet the Controllable Demand level. Prior to any such termination, the Company shall notify the Customer at least ninety (90) days in advance and describe the failure or malfunction of the Customer's load control equipment and /or backup generation equipment. The Company may then terminate this Agreement at the end of the 90 -day notice period unless the Customer takes measures necessary to remedy, to the Company's satisfaction, the deficiencies in the load control equipment and /or the backup generation equipment. Notwithstanding the foregoing, if at any time during the 90 -day period, the Customer either refuses or fails to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the monthly billing under the Schedule CILC -1, to bill the Customer under the otherwise applicable firm service rate schedule and to apply the rebilling and penalty provisions enumerated under "Charges for Early Termination" in Schedule CILC -1. 11. The Customer agrees that the Company will not be liable for any damages or injuries that may occur as a result of control of electric service pursuant to the terms of Schedule CILC -1 by remote control or otherwise, and/or installation, operation or maintenance of the Customer's generation equipment to meet the Controllable Demand level. 12. This Agreement supersedes all previous agreements and representations, either written or oral, heretofore made between the Company and the Customer with respect to matters herein contained. 13. This Agreement may not be assigned by the Customer without the prior written consent of the Company. The Customer shall, at a minimum, provide to the Company a copy of the articles of incorporation or partnership agreement of the proposed assignee, and a copy of such assignee's most recent annual report at the time an assignment is requested. 14. This Agreement is subject to the Company's "General Rules and Regulations for Electric Service" and the Rules of the Commission. 1N WITNESS WHEREOF, the Customer and the Company have caused this Agreement to be duly executed as of the day and year first above written. CUSTOMER (private) FLORIDA POWER & LIGHT COMPANY Company: Signed: Signed: Name: Dan Johnson Name: Title: Regional Manager Title: CUSTOMER (public) Attest: l Governmental Entity: 4 fC C N►avet -a 1 By: � Cerk/Deputy Clerk Signed: ' �'�^' Name: iii is k keL r9 . G (sV ? 1 J Title: LPUtPlLic UtIe I✓i CST