AGREEMENT FOR SCHEDULED OUTAGE COSTS
BETWEEN PACIFICORP AND __________________ [CUSTOMER]
This Agreement for Scheduled Outage Costs (“Outage Agreement”) made and entered into this
______ day of _________, ____ between [CUSTOMER NAME], hereinafter call “Customer,” and
PacifiCorp, hereinafter called “PacifiCorp” or “Transmission Provider,” is for work to be
performed by PacifiCorp to perform a scheduled outage of its transmission facilities or
equipment. Hereinafter, Customer and Transmission Provider may be individually referred to
as “Party” or collectively referred to as the “Parties.”
RECITALS
WHEREAS, PacifiCorp is a transmission provider which owns and operates certain facilities for
the transmission of electric power and energy located in _______;
WHEREAS, Transmission Provider and Customer are parties to the [NAME OF UNDERLYING
AGREEMENT], executed [DATE], and designated as [RATE SCHEDULE DESIGNATION] (the
“Interconnection/Transmission Agreement”), pursuant to which Transmission Provider provides
Customer with transmission service for ____________;
WHEREAS, Transmission Provider and [THIRD-PARTY CUSTOMER] (“Third-Party Customer”) are
parties to the [NAME OF UNDERLYING AGREEMENT], executed [DATE], and designated as
[RATE SCHEDULE DESIGNATION] (the “Third-Party Agreement”), pursuant to which
Transmission Provider provides Third-Party Customer with interconnection service for
__________;
WHEREAS, Transmission Provider has determined that in order to complete planned work
necessary to maintain system reliability and/or complete capacity upgrades, it must schedule
an outage of the following facilities: _________________;
WHEREAS, Transmission Provider gave Customer reasonable advance notice of the scheduled
outage, and Customer is directly impacted by such outage; and
WHEREAS, Customer has agreed to provide compensation to Transmission Provider in order to
[INSERT ACCELERATE DURATION OF AND/OR POSTPONE THE COMMENCEMENT OF] the
scheduled outage according to the terms set forth herein.
NOW THEREFORE, the Parties enter into this Outage Agreement with the understanding that
each mutually benefits from this Outage Agreement. The parties agree to the following:
1.
EFFECTIVE DATE AND TERMINATION
This Agreement shall become effective upon the later of (i) the date of this Agreement or (ii)
the date established by the Federal Energy Regulatory Commission upon acceptance of the
Agreement for filing. This Agreement shall terminate upon the later of (i) ninety (90) days
following the completion of the scheduled outage and the payment by Customer of all required
costs or (ii) [TERMINATION DATE].
2.
TRANSMISSION PROVIDER OBLIGATIONS
Transmission Provider agrees to [STATE WHAT PACIFICORP HAS AGREED TO DO, i.e., DELAY
OUTAGE SCHEDULE OR ACCELERATE EXPECTED DURATION OF OUTAGE].
Transmission Provider’s election to accommodate Customer’s request to accelerate/postpone
the scheduled outage will have the effect of [INSERT HOW TIMING AND SCOPE OF OUTAGE
IMPACTED].
3.
RESPONSIBILITY FOR COSTS
In consideration of the work to be performed by Transmission Provider, Customer agrees to pay
the estimated costs of $______ thirty (30) days after execution of this Agreement. This
estimate includes the following actions to facilitate the accelerated/delayed outage: [STATE
WHAT CUSTOMER HAS AGREED TO PAY FOR, i.e., OVERTIME FOR WORKERS OR ADDITIONAL
WORKERS TO ACCELERATE DURATION OF OUTAGE].
Customer shall reimburse Transmission Provider for the actual costs to complete the work
associated with the actions described above to facilitate the accelerated/delayed outage.
Following completion of the outage, Transmission Provider shall calculate its actual costs
directly attributable to the Customer. Transmission Provider’s actual costs shall include all
direct costs plus applicable overheads. Transmission Provider will forward a copy of the
calculation to Customer, along with an invoice or refund for the difference between the
estimated and actual costs, ninety (90) days after completion of the outage.
Company shall keep accurate and complete accounting records in support of all cost billings and
claims in accordance with generally accepted accounting principles.
4.
OUTAGE SCHEDULE
The Parties shall develop a mutually agreed to schedule for the completion of the scheduled
outage.
5.
EFFECT ON THIRD-PARTY CUSTOMER
The Parties agree that the Third-Party Customer’s responsibility for costs associated with this
scheduled outage will be offset by the amount of actual costs for which Customer is
responsible. The parties agree that language to this effect will incorporated into the Third-Party
Agreement or as an amendment thereto by the effective date of this Outage Agreement.
6.
OTHER TERMS AND CONDITIONS
Transmission Provider will perform the scheduled outage in accordance with Section(s) ___ of
the Interconnection/Transmission Agreement. In addition, in all other respects, the terms and
conditions of the Interconnection/Transmission Agreement control the relationship between
Transmission Provider and Customer.
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement effective as of the
day and year herein above written.
PACIFICORP
____________ [CUSTOMER]
Signature
Signature
Printed Name of Signor
Printed Name of Signor
Title of Signor
Title of Signor
Date
Date