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HomeMy WebLinkAbout2004-10-25 City Council (6)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:OCTOBER 25, 2004 CMR:429:04 SUBJECT:ADOPTION OF A RESOLUTION APPROVING THE TRANSMISSION AGENCY OF NORTHERN CALIFORNIA PROJECT AGREEMENT NO. 5 FOR THE PARTICIPATION IN AN OPEN ACCESS SAME TIME INFORMATION SYSTEM RECOMMENDATION Staff reconm~ends that Council adopt a resolution approving the Transmission Agency of Northern California (TANC) Project Agreement No. 5 (P.A. No. 5) for the participation in the "wesTTrans" Open Access Same Time Information System (OASIS). P.A. 5 authorizes and directs TANC to act on behalf of its participating members to becolne a participant in the wesTTrans OASIS, and defines how the costs and revelmeS associated with the OASIS participation are to be allocated among participating members. BACKGROUND In 1996 the United States Federal Energy Regulatory Conm~ission (FERC) issued two landmark orders, FERC Order 888 and FERC Order 889. These two orders played key roles in opening the national wholesale energy market to COlnpetition by ensuring that wholesale customers and suppliers had access to the largely monopoly-owned transmission grid. Order 888 required transmission owners to provide open access to transmission services. Soon afterward, Order 889 set standards regarding information that utilities must make available to the marketplace and established OASIS, a bulletin board system for sharing this information. OASIS allows energy customers on the wholesale market to schedule and reserve capacity on the national regional transmission grids to ensure that energy can be delivered to customers without competitive interference. As an active participant in the wholesale energy market, the City is supportive of efforts that result in open and transparent access to the transmission grid. CMR:429:04 Page 1 of 4 TANC, as project manager, constructed the California-Oregon Transmission Project (COTP) in the early 1990s. COTP is a high-capacity transmission line rated at 1,600 megawatts, which stretches 346 miles from Captain Jack Substation near Malin, Oregon through Northern California to PG&E’s Tesla Substation, east of San Francisco. TANC owns 75% of the transfer capability on COTP and, through participation in TANC, the City has rights to a 50 mega~vatts share, which translates to just over a 4% share of TANC’s COTP. The decision to participate in the COTP was lnade so the City would have access to low cost energy from the Northwest when ene, rgy was available. DISCUSSION On March 31, 2004, a voluntary coalition of transmission providing entities in the western United States began offering access to their transmission systems on a single OASIS site, l~own as the wesTTrans OASIS. The 18 original participants include the Sacramento Municipal Utility District (SMUD), the Western Area Power Administration (WAPA), and the Los Angeles Department of Water and Power (LADWP). As an owner and operator of COTP, TANC desires to enhance transmission availability in California by making the participating members’ unused and unencumbered transfer capability available for use by other entities. The participating members for this endeavor are the cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Uldah; the Modesto Irrigation District; the Turlock In’igation District; and the Plumas-Sien’a Rural Electric Cooperative. (SMUD is participating in wesTTrans independently). TANC and its participating members have concluded that it is in their interest and in the interest of electricity customers in California for TANC to participate as a transmission provider on the wesTTrans OASIS. On August 23, 2004, the TANC Conmaission approved Resolution 2004-30 authorizing execution of TANC P.A. 5 and other agreements associated with TANC’s participation in the-wdsTTrans OASIS. Although the City is not under FERC jurisdiction, participation in the wesTTrans OASIS will abide by the FERC Order 888 surplus transmission posting requirelnents. Surplus transmission is defined as transmission available after first lneeting the City’s transmission needs. At present, value of this transmission asset is maximized by procuring lower cost supplies at the California-Oregon Border (COB) and delivering it to the City using the City’s share of the COTP and also using the PG&E/ISO grid. When the cost of supply is higher at COB compared to Northern California prices, any surplus power is wheeled out of California for sale to the utilities in the Northwest. When price differentials are non-existent, neither Palo Alto nor the Northern California Power Agency (NCPA) on behalf of Palo Alto utilizes the line. CMR:429:04 Page 2 of 4 Participation in wesTTrans will provide another tool to capture the value of the City’s surplus COTP capacity. In addition to capturing value for the City, a centralized OASIS such as wesTTrans supports fair and open access to participating members’ surplus transmission to other entities in the market, thus meeting the requirements of the open access requirements of FERC Order 888. PA No. 5 authorizes and directs TANC to act on behalf of its participating melnbers to become a participant in the wesTTrans OASIS, including: 1) the negotiation and execution of a service agreement with Open Access Teclmologies, Inc.; and 2) the designation and execution of a service agreement with a TANC OASIS administrator. P.A. 5 further defines how the costs and revenues associated with the OASIS participation are to be allocated among participating members. Following execution of this P.A. 5 and establislmaent of the required tools to undertake transactions via the OASIS bulletin board, staff will seek Council authorization for Palo Alto staff, in coordination with NCPA staff, to transact and post surplus COTP transfer capability through the TANC OASIS administrator. RESOURCE IMPACT The City of Palo Alto will be allocated 5.55% of the costs of the wesTTrans OASIS participation. This will include a one-time service initiation fee and a monthly service fee to wesTTrans OASIS, and a monthly fee for the TANC OASIS administrator. The lnininmm subscription term is 12 months from the date that TANC initiates service on the wesTTrans OASIS. Following the initial twelve-lnonth period, a participating melnber may terminate its participation upon sixty days written notice to TANC. The following table specifies the fees for the wesTTrans OASIS. An additional fee for the TANC administrator will also be assessed! One-Time Service :Initiation Fee Monthly Service Fee Wes-I-Frans OASIS Charge City of Palo Alto Share so,ooo "$ 5,ooo 2,775 $ 277.50 Revenue resulting from the sale of the participating members’ offered transfer capability is distributed by the TANC OASIS administrator in proportion to each participating member’s binding offer of transfer capability posted on the OASIS for the given transaction period. CMR:429:04 Page 3 of 4 POLICY IMPLICATIONS This reconmaendation is consistent with the Council-approved Utilities Strategic Plan to preserve a snpply cost advantage compared to the market price and confomas to the RMD policies and guidelines. ENVIRONMENTAL REVIEW Execution of this project agreement does not constitute a project for the pulpose of the California Environmental Quality Act. ATTACHMENTS A: Resolution of the City of Palo Alto approving the Transmission Agency of Northern California Project Agreement No.5 for the participation in an Open Access Same Time Information System B: TANC Project Agreement No. 5 PREPARED BY: Debbie Lloyd, Res~Planner DEPARTMENT HEAD: :ctor of Utilities CITY MANAGER APPROVAL: HARRISON Assistant City Manager CMR:429:04 Page 4 of 4 ***NOT YET APPROVED*** RESOLUTION NO. RESOLUT!ON OF THE COUNCIL OF THE CITY OF PALO ALTO APPROVING THE TRANSMISSION AGENCY OF NORTHERN CALIFORNIA PROJECT AGREEMENT NO. 5 FOR THE PARTICIPATION IN AN OPEN ACCESS SAME TIME INFORMATION SYSTEM WHEREAS, the City of Palo Alto ("City"), a municipal utility and a chartered city, is a Member of the Transmission Agency of Northern California ("TANC"), a joint power agency engaged in interstate transmission of power; WHEREAS, TANC owns Transfer Capability on the California Oregon Transmission PrOject ("COTP") that is not under the control of the California Independent System Operator Corporation ("CAISO"); WHEREAS, TANC, and the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Modesto Irrigation District; the Turlock Irrigation District; and the Plumas-Sierra Rural Electric Cooperative (the "Participating Members") desire to enhance transmission availability in California by making the Participating Members’ unused and unencumbered Transfer Capability available for use by other entities in an open and efficient manner and in accordance with the TANC Open Access Transmission Tariff; WHEREAS, on March 31, 2004, a voluntary coalit,ion of transmission-providing entities in the Western Interconnection began offering access to their transmission systems on a single OASIS site, known as the wesTTrans OASIS; WHEREAS, TANC and its Participating Members have concluded that it is in their interest and the interest of electricity customers in the state for TANC to participate as a Transmission Provider in the wesTTrans OASIS; and WHEREAS, based on discussions with Open Access Technologies, Inc., the operator of the wesTTrans OASIS, TANC has concluded that TANC’s designation of a TANC OASIS Administrator will be necessary to facilitate Participating Members’ sales of available Transfer Capability on wesTTrans OASIS; NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows: 041007 cl 0072453 ***NOT YET APPROVED*** SECTION i.The Council hereby approves the City of Palo Alto’s execution of the "Transmission Agency of Northern California Project Agreement No. 5 for the Participation in an Open Access Same Time Information System". The City Manager is hereby authorized to sign the agreement on behalf of the City of Palo Alto. SECTION 2. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: Senior Asst. City Attorney City Manager Director of Utilities Director of Administratlve Services 041007 cl 0072453 2 Attachment B: C~.P,:429:04 TRANSMISSION AGENCY OF N ,.tB:,T_:’H’ERN CALIFORNIA Box ]5129, Sacramento, CA 95851-0] 29 (9] 6)85Z-] 673 VIA REGULAR MAIL DATE: TO: September 9, 2004 MEMORANDUM TANC Commission TANC Contracts Committee OASIS Ad Hoc Group FROM:Maury Kruth Executive Director SUBJECT:PROJECT AGREEMENT NO. 5 FOR TANC PARTICIPATION IN WESTTRANS OASIS On August 23, the TANC Commission approved Resolution 2004-30 authorizing the execution of TANC Project Agreement No. 5 (P.A. 5) and other agreements associated with TANC’s participation in the wesTTrans OASIS. The OASIS project may enhance transmission availability in California by making TANC Participating Members’ unused and unencumbered transmission transfer capability available for use by other entities in an open and efficient mariner in accordance with TANC’s Open Access Transmission Tariff. The wesTTrans OASIS reflects the efforts of a group of transmission owners throughout the western United States to form a common OASIS platform. It became operational on April 1, 2004, with eighteen participating transmission providers including the Sacramento Municipal Utility District, the Western Area Power Administration (Rocky Mountain and Desert Southwest Regions), and the Los Angeles Department of Water and Power. TANC Resolution 2004-30 authorizes the Chairman to execute the following agreements on behalf of TANC, subject to final review and approval of TANC’s General Counsel: Project Agr6ement No. 5 - defines how the costs and revenues associated with the OASIS project are to be allocated among Participating Members. Letter of Agreement for TANC OASIS Administrator with the Northern California Power Agency - defines services needed to facilitate TANC’s sale of Transfer Capability on behalf of Participating Members. A Public Entity whose Members include: Alam,~c, la, B, iggs, Grictley, Healclsburg, todi, tompoc, Modesto Irrigation District, TANC Commission TANC Contracts Committee OASIS Ad Hoc Committee: September 9, 2004 Page ~wo Upon execution of P.A. 5, the TANC Chairman is authorized to execute the OATI Common Western OASIS Customer Agreement between TANC and Open Access Technologies, Inc, the operator of the wesTTrans OASIS. In order that TANC can begin participation as soon as possible, please review the attached P.A. 5 and return an executed copy using the enclosed self-addressed stamped envelop, on or before October 31, 2004. If you have any quest-ions, or if you need further information on this matter, please call Bryan Griess or me at (916) 852-1673. Enclosure TRANSMISSION AGENCY OF NORTHERN CALIFORNIA PROJECT AGREEMENT NO. 5 FOR THE PARTICIPATION IN THE WESTTRANS OASIS PREAMBLE This Project Agreement No. 5 ("Agreement") is entered into as of August23, 2004, by and among the Transmission Agency of Northern California, hereinafter referred to as "TANC"; an~d the Cities of Alameda, Healdsburg, Lodi, Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah; the Modesto Irrigation District; the Turlock Irrigation District; and the Plumas-Sierra Rural Electric Cooperative, TANC Members hereiflafter collectively referred to as the "Participating Members," with regard to the following: RECITALS WHEREAS: A.TANC owns Transfer Capability on the California Oregon Transmission Project that is not under the control of the California Independent System Operator. B.TANC desires to enhance transmission availability in California by making the Participating Members’ unused and u~encumbered Transfer Capability available for use by other entities in an open and efficient manner andin a~cordance with the TANC Open Access Transmission Tariff. C.On March 31, 2004, a voluntary .coalition of transmission providing entities in the Western Interconnection began offering access to their transmission systems on a single OASIS site, known as the wesTTrans OASIS. This cooperative effort includes alignment of business practices and processes between all transmission providers to the greatest extent possible, while retaining the individual Open Access Transmission Tariffs of each transmission provider. A primary benefit of this effort is the enhancement of the transmission market within the Western Intercom~ection. D.TANC and its Participating Members have concluded that it is in their interest and the interest of electricity customers in the state for TANC to participate as a Transmission Provider on the wesTTrans OASIS. Based on discussions with Open Access Tecl~ologies, Inc. the operator of the wesTTrans OASIS, TANC has concluded that TANC’s designation of a TANC OASIS Administrator will be necessary to facilitate TANC Members’ sales of available Transfer Capability on wesTTrans OASIS. NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth in this Agreement, TANC and the TANC Members that will be participating Members and have signed below hereby agree as follows: AGREEMENT 1.SERVICE AGREEMENTS TANC is hereby authorized and directed to act on behalf of the Participating Members to become a participant in the wesTTrans OASIS, including the negotiation and execution of a service agreement with Open Access Technologies, Inc, for TANC’s participation in the wesTTrans OASIS. TANC is additionally authorized and directed to act on behalf of the Participating Members to designate and execute a service agreement with a TANC OASIS Administrator to facilitate TANC’s participation in the wesTTrans OASIS. 2,SERVICE INITIATION AND OTHER FEES. A schedule of service fees that includes an initiation fee and a monthly fee associated with services that Open Access Technologies, Inc. will perform, in order for TANC to participate in the wesTTrans OASIS, is included in Exhibit A. Fees associated 2 with the TANC OASIS Administrator functions shall be set forth in the service agreement beh~Teen TANC and the TANC OASIS Administrator. Any fees related to the termination of this Agreement shall be allocated to Participating Members in accordance with the provisions of Section 3. 3.ALLOCATION OF PROJECT COSTS TO PARTICIPATING MEMBERS All costs and expenses associated with this Agreement and all fees or charges for wesTTrans OASIS and the TANC OASIS Administrator se~wice initffation, and wesTTrans OASIS and the TANC OASIS Administrator mo.nthly service will be allocated to the Participating Members in accordance with their Project Agreement No. 3 Participation Percentages prorated after subtracting the percentages of the TANC Members that do not execute this Agreement. Schedules of fees associated with such services are located in Exhibit A and the service agreement between TANC and the TANC OASIS Administrator. TANC, upon receipt of such invoices from Open Access Technologies, Inc. (OATI), and the TANC OASIS Administrator will allocate such initiation and service costs to Participating Members. The allocation percentage for each Member executing this agreement is shown in Exhibit B, attached to and incorporated into this Agreement.. 4.ALLOCATION OF NET REVENUES For the purposes of this Project Agreement No. 5, the term "Binding Offer" shall mean a specified whole number of megawatts, that in compliance with the procedures under this Agreement, Project Agreement No. 3, and those applicable provisions of the wesTTrans OASIS, the WesTTrans contract with TANC, the service agreement between TANC and the TANC OASIS Administrator, and the service agreement between TANC and Open Access Tecl~ologies, Inc., is released by the Participating Member to TANC to be offered for sale, unrevoked for a period, as designated by the Participating Member, unused, and m~encumbered by any claim or reservation. The time period of any Binding Offer must coincide with the time period of the actual sale or sales TANC 3 makes, regardless of any difference between the amount offered and the amount TANG succeeds in selling. The TANG OASIS Administrator shall allocate to each Participating Member the revenue received, net of expenses associated with the Binding Offer, from sale of Transfer Capability by the TANG OASIS Administrator in proportion to each Participating Member’s Binding Offer. In making such allocation, when more than one Participating Member has made a Binding Offer, the TANG OASIS Administrator shah allocate to each Participating Member that made a Binding Offer, the revenue derived by multiplying the total revenue received from the sale or sales coinciding with the time period during which more than one Binding Offer has been made, by the fraction resulting from the division of each such Participating Member’s Binding Offer by the sum of the Binding Offers made during the coincident time period of the sale or sales. Revenue resulting from the sale of the Participating Members’ offered Transfer Capability shall be distributed by the TANC OASIS Administrator to each Participating Member not in default of any obligation to TANG, according to the time]ines contained in the se~wice agreement between TANG and the TANG OASIS Adn~inistrator. The TANC OASIS Administrator may set off amounts due TANG or the TANC OASIS Administrator from revenues due a Participating Member in default in accordance with Section 9 of this agreement. 5.COORDINATION WITH TANG OASIS ADMINISTRATOR Participating Members agree to coordinate with the TANC OASIS Administrator to (1) provide information regarding available Transfer Capability, credit policies, and other information as may be reasonably deemed necessary by the TANC OASIS Administrator in the performance of its duties to facilitate TANC’s participation on behalf of Participating Members in wesTTrans OASIS, to collect the revenues from transmission customers, and (2) to perform the financial settlements among Participating Members of fees and revenues associated with the participation in the wesTTrans OASIS. 4 Each Participating Member agrees to provide to the TANC OASIS Adn~Jnistrator tl~e available Transfer Capability the it desires to post for sale on the wesTTrans OASIS as a Binding Offer in accordance with the procedures, timelines, and formats as mutually agreed to by the Participating Members and the TANC OASIS Administrator, as those may be modified from time to time by agreement of the participating members. 6.TEP,2vI AND TERMINATION. This Agreement shall take effect as of the date hereof and shall remain in full force and effect for a minimum of twelve months from the date that TANC initiates service on the wesTTrans OASIS: Following the initial twelve-month period, any Participating Member may terminate its participation in this Agreement upon sixty days written notice to TANC, after which time TANC shall no longer participate on behalf of the terminating Participating Member in the wesTTrans OASIS. The terminating Participating Member shall be obligated to pay its share of all project costs and liabilities pursuant to Section 3 of this Agreement incurred in connection with the provision of services provided up to the date when the Participating Member’s ternzination becomes effective, as well as for contingent liabilities that occurred prior to but may arise after the date of termination, regardless of when the fees are assessed to TANC or the contingency is liquidated, and in accordance with the Participation Percentages shown in Exhibit B if fixed in nature, or the Schedule of Service Fees, if variable. The terminating Participating Member not in default shall be entitled to its share of all transmission revenues derived from TANC’s sales of Transfer Capability on the wesTTrans OASIS made up to the date when the Participating Metal: er s termination becomes effective, in accordance with the revenue allocation procedures described in Section 4 of this Agreement. In the event that one or more Participating Members terminates its participation in this Agreement, the remaining Participating Members may elect to adjust the cost allocation percentages shown in Exhibit B. If by the date that any Member’s termination of its participation in this Agreement becomes effective the remaining Participating Members have not agreed to adjust the allocation percentages shown in Exhibit B, TANC shall terminate its participation in the wesTTrans OASIS in accordance with termination provisions contained in the service agreement in place beh~een TANC and Open Access Tecl~ologies, Inc, or its successor and with the TANC OASIS Administrator. This Agreemen~ shall automatically continue for an indefinite term unless ~ermina~ed pursuant to ~he above provisions. 7.AMENDMENTS This Agreement may be an-tended only by the written agreement of all the parties hereto. 8.BILLING AND PAYMENT With the exception of the service fee associated with the initiation of service with Open Access Technologies, Inc., as presented in Exhibit A, and ~ANC OASIS Administrator Setup and Testing/Training costs as described in the service agreement between TANC and the TANC OASIS Administrator, the accotmting and billing period shall be one (1) calendar month. Monthly bills sent by the TANC OASIS Administrator to a Participating Member shall be sent by United States mail first class, postage prepaid or its equivalent, to the billing address specified in Exhibit C. The designation of any person specified in Exhibit C may be changed at any time by advance notice given to all Participating Members not then in default of any payment due hereunder, TANC, and the TANC OASIS Administrator. A copy of such billing will be sent to TANC. Billings for amounts payable shall be due on the thirtieth (30’") day after receipt of the bill. Payment shall be made at offices designated by the party to which payment is due. If the due date falls on a non-business day of either party, then the payment shall be due on the next following business day without interest. An]ounts of monthly billings not paid on or before the due date shall be payable with an interest charge calculated from the due date to the date of payment. The interest charge shall be that charge against unpaid amounts due and owing in accordance with this Agreement assessed at an am~ua] interest rate compounded monthly equal to the lesser of (i) two percent (2%) plus the applicable first of the month reference rate or successor, of the Bank of America N.T. & S.A., San Francisco, California, in effect from time to time during the period over which the payment is overdue or (ii) the maximum interest rate permitted by law. Payments for the use of TANC’s available Transfer Capability Shall be collected by the TANC OASIS Administrator and on a monthly basis, fully credited to the Participating Member or Participating Members making such Tra~.~sfe; Capability available, in accordance with the revenue allocations described in Section 4 of this Agreement and the timelines contained in the service agreement between TANC and the TANC OASIS Administrator. 9.DEFAULT Upon the failure of any Participating Member to meet its obligations hereunder, TANC shall give written notice of the failure to such Participating Member and, if such failure has not been cured within forty-five (45) days after the date of such notice, i~ shall constitute a default at the expiration of such forty-five (45) day period. Upon such default, TANC may [erminate this Agreement as to the defaulting Participating Member, and profect and enforce its rights heretmder by suit or suits in equity or at law, whether for the specific performance of any covenant herein or for damages or in aid of the execution of any power granted herein or any other remedy available under any provision of applicable law. The costs allocation percentages will be adjusted amongst the remaining Participating Members in accordance with the process described in Section 6 of this agreement. 7 INDEMNIFICATION The Participating Members shah inden~ify, defend, and hold harmless TANC, its con~nissioners, officers, agents,, and employees, to the extent provided by law, and the TANC Members that do not execute this Agreement, and their respective governing bodies, officers, agents, and employees, from any liability for personal injury, death, property damage, contractual or tort liability, regardless of the theory of recovery, to the fullest extent of the law, arising out of the negligent acts or failures to act of TANC, its commissioners, officers, agents, and employees, or of a non-participating TANC Member, its governing body, officers, agents, and employees in connection with this Agreement. Each Participating Member agrees that TANC’s commissioners, officers, agents and employees shall not be liable to the Participating Members for direct, indirect or consequential loss or damage suffered by the Participating Members as a result of the performance or nonperformance by TANC or the TANC OASIS Adn-finistrator of this Agreement or any agreement with a third party associated with this Agreement. Each Participating Member releases TANC’s Commissioners, officers, agents and employees from any claim or liability (whether negligent or othelwise) as a result of any actions or inactions of TANC under this Agreement or the perforlnance or nonperformance by TANC under tl-fs Agreement. 11.SEVERABILITY If any provision of this Agreement is finally adjudicated by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall remain in full force and effect as though the invalid provision had not been included herein. 12.MEMBERS’ OBLIGATIONS SEVERAL The obligation of each Participating Member to make payments under this Agreement is a several obligation and not a joint obligation with those of the other Participating Members. 13.WAIVER OF DEFAULT Any waiver at any time by any party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to any subsequent default or other matter. 14.WAIVER OF RIGHTS OF REFUSAL Each Participating Member as to each other, and as to each non-participating TANC Member tha~ delivers a duly authorized and executed waiver in the same form a.s this section to TANC, does hereby waive and release any and all claim of right to exercise a right of refusal under Section 7 of Project Agreement No. 3 to Transfer Capability offered as a Binding Offer under this Agreement or, if offered by a non- participating TANC Member, on the wesTTrans OASIS or a similar OASIS in accordance with the then current Short an~-I Long-Term Layoff Procedures of TANC, provided that such offer is for a period of less than twelve (12) months. 15.COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall constitute a single Agreement. 16.SIGNATURES tn witness whereof, the parties have caused this Project Agreement No. 5 to be executed as of the date first above written. The signatories to this Project Agreement No. 5 represent that they have been appropriately authorized to enter into this Project Agreement No. 5 on behalf of the party for whom they sign. PARTICIPATING MEMBERS CITY OF ALAMEDA By: Name: Title: Date: CITY OF HEALDSBURG By: . Name: Title: Date: CITY OF LODI By: Name: Title: Date: CITY OF LOMPOC By: Name: Title: Date: 10 MODESTO IRRIGATION DISTRICT By: Name: Title: Date: CITY OF PALO ALTO By: Name: Ti ~le: Date: CITY OF REDDING By: Name: Title: Date: CITY OF ROSEVILLE By: Name: Title: Date: 11 CITY OF SANTA CLARA Name: Title: Date: TURLOCK IRRIGATION DISTRICT By: Name: Title: Date: CITY OF UKIAH By: Name: Title: Date: PLUMAS-SIERRA RURAL ELECTRIC COOPERATIVE By: Nan-re: Title: Date: 12 TRANSMISSION AGENCY OF NORTHERN CALIFOPq’qIA By: Name: Title: Date: NON-PARTICIPATING MEMBERS SACRAMENTO MUNICIPAL UTILITY DISTRICT By: Name: Title: Date: 13 EXHIBIT A SCHEDULE OF SERVICE FEES FOR SERVICES RENDERED BY OPEN ACCESS TECHNOLOGIES, INC. Description Service Monthly Comments Initiation Service FeeI Fee2.:~ $50,000 $5,000[ANC as a single ~ntit7 ,.~,11 T,.sI’..J 4. TPs oin as TANC and will :,e one TP on tile DASIS) Provides all functionalit’_,,, in accerdance with t.he COnlm,:,n ;,,’,iestern OASIS Functienal Sl:,ecification. Assumes all TPs re!_:lister as a single I’..IERC entity. :or less ~han 500 OASIS requests F,÷r montl-~. 10 User IDs and certificates total. Price Schedule Notes: 1.Service Initiation Fee will be invoiced upon execution of Common Western OASIS Customer Agreement. 2.Minimum subscription term is 12 months. 3.Monthly Service Fee for each Provider begins at time of OASIS initialization or 30 days after completion of acceptance testing, whichever is earlier. 4. Other OATI subscribed services will continue to be provided under separate OATI Customer Agreements. 5.Any necessary, preapproved travel expenses will be invoiced to Common Western OASIS Service customers at pro-rata OATI actual cost. 6. One day of training provided at OATI Data Center in Mi~meapolis, MN. 14 EXHIBIT B COST ALLOCATION PERCENTAGES TANC Member City of Alameda City of Healdsburg City of Lodi City of Lompoc City of Palo Alto City of Redding City of Roseville City of Santa Clara City of Ukiah Modesto Irrigation District Plumas-Sierra Rural Electric Cooperative Turlock Irrigation District WesTTRans OASIS Service Initiation Fee 1.850 % 0.370 % 2.622 % O.255 % 5.550 % 11.487 % 3.184 % 27.976 % 0.293 % 29.082 % WesTTrans OASIS Monthly Service Fee 1.850 % 0.370 % 2.622 % O.255 % 5.550 % 11.487 % 3.184 % 27.976 % 0.293 % 29.082 % TANC OASIS Administrator Fees 1.850 0.370 2.622 0.255 5.550 11.487 3.184 27.976 0.293 29.082 0.223 %0.223 %0.223 % 17.124 %17.124 %17.124 % 15 EXHIBIT C BILLING ADDRESSES OF THE PARTIES City of Alameda Alameda Power & Telecom P.O. Box H Alameda, CA 94501-0263 City of Healdsburg c/o Northern California Power Agency 180 Cirby Way R0seville, CA 95678 City of Lodi 1331 South Ham Lane Lodi, CA 95242-3995 City of Lompoc P.O. Box 8001 Lompoc, CA 93438 Modesto Irrigation District P. O. Box 4060 Modesto, CA 95352 City of Palo Alto P. O. Box 10250 MS3C Palo Alto, CA 94303 City of Redding 777 Cypress Avenue Redding, CA 96001-3396 City of Roseville 2090 Hilltop Circle Roseville, CA 95678 City of Santa Clara 1500 Warburton Avenue Santa Clara, CA 95050 Turlock Irrigation District P. O. Box 949 Turlock, CA 95381 City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 Plumas-Sierra Rural Electric Coop. 73233 Hwy 70 Portola, CA 96122-2000 Transmission Agency of Northern California P. O. Box 661030 Sacramento, CA 95866 16