Metering agreement
METERING AGREEMENT
THIS AGREEMENT is made and entered into this XXX day of XXX 200XXX
by and between _______XXX_______________ , a Non Utility Generator (NUG)
organized and existing under the laws of the State of _______XXX______, and A
VERMONT UTILITY (“Central Vermont” or “A VERMONT UTILITY”), a corporation
existing under the laws of the State of Vermont. The NUG and Central Vermont each
may be referred to as a “Party” or collectively as the “Parties”.
RECITALS
WHEREAS, The NUG is a generator that will produce electricity for wholesale sale and
is required to provide a meter and metering services for the generation output;
WHEREAS, Central Vermont can and is willing to provide a meter and metering
services for the generation output;
WHEREAS, The NUG will also be a retail customer of Central Vermont for the station
service the NUG cannot provide for itself;
WHEREAS, the retail rates charged by Central Vermont provide for recovery of the cost
of the meter and metering services provided by Central Vermont related to the station
service; and
WHEREAS, use of a single in/out meter instead of two separate meters for the
generation output and for the station service is more economical and efficient;
NOW, THEREFORE, in consideration of and subject to the mutual covenants contained
herein the Parties agree as follows:
1.0 In/Out Meter. Central Vermont shall provide and install the appropriate in/out
meter and meter socket and the NUG shall pay to Central Vermont one-half of the
installed cost of such meter and associated meter equipment as needed as a Contribution
In Aid of Construction (“CIAC”) plus an adder as is necessary to permit A VERMONT
UTILITY to recover a grossed-up amount to hold Central Vermont harmless from any
taxes due from A VERMONT UTILITY on account of said CIAC. Such payment
represents only the generation output portion of the in/out meter since the cost of the
station service portion of the in/out meter is recovered through retail rates charged by
Central Vermont. Central Vermont shall own the entire in/out metering system. The
NUG will own the voltage transformers (“VTs”) and current transformers (“CTs”) if
required for the in/out meter.
2.0 Metering Services. Central Vermont shall provide metering services, including, but
not limited to, maintenance and testing of the in/out meter, instrument rated meter socket,
VTs, CTs, and ancillary equipment.
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2.1 The NUG shall pay to Central Vermont 50% of the actual costs at A
VERMONT UTILITY’s then current job order rates, as established by A
VERMONT UTILITY from time to time, for maintenance of the metering
equipment. Such payment represents the maintenance for the generation output
portion of the in/out meter since the maintenance for the station service portion of
the in/out meter is recovered through retail rates charged by Central Vermont.
2.2 The NUG shall pay to Central Vermont 100% of the actual costs at A
VERMONT UTILITY’s then current job order rates, as established by A
VERMONT UTILITY from time to time, for maintenance of the VTs and CTs.
Such payment recognizes that the VTs and CTs required for the generation output
are larger than the VTs and CTs required for the relatively smaller station service.
2.3 The NUG shall pay to Central Vermont 100% of the actual costs at A
VERMONT UTILITY’s then current job order rates, as established by A
VERMONT UTILITY from time to time, for maintenance of the ancillary meter
equipment such as pulse output and isolation relay. Such payment recognizes that
the ancillary meter equipment required for the generation output meter is not
required for the station service meter.
2.4 The NUG shall pay Central Vermont 87.5% of the actual costs at A
VERMONT UTILITY’s then current job order rates, as established by A
VERMONT UTILITY from time to time, for annual testing of the in/out meter.
Such payment recognizes that the generation output meter requires testing each year
while the station service meter requires testing every eight years. The cost of the
latter is recovered through retail rates charged by Central Vermont.
3.0 Interrogation Services. This agreement does not address interrogation services for
the generation output portion of the in/out meter. The cost of interrogation services for
the station service portion of the in/out meter are recovered through retail rates charged
by Central Vermont.
4.0 Payment. Central Vermont shall send an invoice to the NUG within a reasonable
time after the provision of services listed above. Payment by the NUG to Central
Vermont shall be made within 30 days of the date of any invoice. Payments made after
the expiration of such payment period shall accrue interest at the rate of 1.5% per month.
5.0 Good Utility Practice. Central Vermont shall perform all work under this
Agreement in accordance with good utility practice.
6.0 Representations. The NUG acknowledges that the information provided to Central
Vermont will be relied upon for services provided herein, and agrees that, to the extent
the information provided to Central Vermont is not accurate or not complete, the services
performed by Central Vermont may not be accurate or may not be complete.
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7.0 Indemnification. To the fullest extent permitted by law, the NUG shall hold
harmless, defend (as directed) and indemnify Central Vermont, its directors, officers,
employees, agents, invites, affiliates, subsidiaries, contractors, successors and assigns of,
from and against any and all claims, liabilities, penalties, forfeitures, suits, settlements,
judgments, awards, and the costs and expenses incident thereto (including the cost of
defense, investigation, appeal and reasonable attorney's fees), for any and all loss,
violation, damage, or injury to person or property of whatever type or nature which shall
be caused by, arise out of, the provision of services hereunder except that the NUG shall
not be obligated to provide indemnification for any losses that are caused by the willful
misconduct, gross negligence, or breach of this Agreement by Central Vermont.
8.0 Termination. Either Party may terminate this Agreement upon 30 days written
notice to the other Party. At such termination date, Central Vermont shall retrieve the
meter and metering equipment and retain ownership thereto. No refund shall be given to
the NUG.
9.0 Term. The term of this Agreement shall be coterminous with the term of the
Generation Interconnection Agreement to be executed by and between the Parties hereto,
and as it may be amended by the Parties from time to time.
10.0 Miscellaneous. This Agreement shall inure to the benefit of and shall bind the
successors of the Parties hereto but shall not be assignable without the written consent of
the Parties. In the event that any one of the provisions contained in this Agreement
should be found to be invalid, illegal or unenforceable in any respect by a court of
competent jurisdiction, the validity, legality or enforceability of the remaining provisions
contained in this Agreement shall not in any way be affected or impaired by such a
finding unless such invalidity, illegality or unenforceability shall go to the heart of the
matters described herein. No waiver of any provisions of this Agreement shall be valid
unless the same is in writing and signed by the Party against whom such waiver is sought
to be enforced. A waiver or consent given by either Party on any one occasion is
effective only in that instance and shall not be construed as a bar to or waiver of any right
on any other occasion. This Agreement contains the entire agreement of the Parties,
supersedes any and all prior agreements, written or oral, between them relating to the
subject matter hereof, and may not be amended unless agreed to in writing by each Party.
This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Vermont (without regard to its conflict of laws provisions).
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly
executed by their duly authorized officers or agents on the day and year first above
written.
CENTRAL VERMONT PUBLIC
SERVICE CORPORATION
By _________________________________
Rick Hackett
Chief Meter Engineer
By______________________________
Name:________________
Title:_________________
Date: ________ ___, 200__
Date: ________ ____, 200__
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