Contract #
SOUTHWESTERN PUBLIC SERVICE COMPANY
VOLUNTARY LOAD REDUCTION PURCHASE OPTION PROGRAM
ENABLING AGREEMENT
(Customer Name)
Debtor Number
This Voluntary Load Reduction Purchase Option Program Enabling Agreement,
("Agreement") is made and entered into this
day of
, 2008, between Southwestern
Public Service Company, a New Mexico Corporation, hereinafter called “SPS”, and
,
hereinafter called “Customer”.
WHEREAS, SPS desires to offer a Voluntary Load Reduction Purchase Option ("VLRPO")
program as set forth in Tariff No. 4025 ("VLRPO Tariff") of SPS’s Electric Tariffs on file with the
New Mexico Public Regulation Commission (“Commission”); and
WHEREAS, Customer meets the eligibility requirements as set forth in the VLRPO Tariff and
desires to participate in the VLRPO Program;
NOW THEREFORE, in consideration of the mutual covenants set forth below, SPS and Customer
agree as follows regarding the general terms and conditions applicable to Customer's participation
in the VLRPO program:
1.
Point of Service/Estimated CLR. Customer is eligible to participate in the VLRPO
program at the following Service Address/Premise Number.
Service Address
Premise Number
Customer estimates that it has _____________, of interruptible load, which it may offer as
Committed Load Reduction ("CLR"), as defined in the VLRPO tariff, at the specified Point of
Service.
2.
Termination. This Agreement shall remain in effect until the 30th day after the Hobbs
Generating Station has met the Commercial Operation Date requirements specified in the
contract between Lea Power Partners, LLC and SPS, or December 31, 2008, or the termination of
the VLRPO tariff by the Commission, whichever comes first.
3.
Notification of Voluntary Load Reduction Period. SPS shall, in its sole discretion,
determine a time period ("Voluntary Load Reduction Period") for which it is interested in receiving
offers from Customer to voluntarily interrupt its load at the Premise Number listed above, pursuant
to the VLRPO tariff. SPS shall provide notice of a Voluntary Load Reduction Period, by email or
cell phone text message, to the contact(s) specified by Customer on the VLRPO Contact
Information Form attached to this Agreement.
4.
Customer Offer. Upon receiving notice of a Voluntary Load Reduction Period, Customer
may log on to a secure internet site, using the login and password to be provided by SPS, to view
the details of the Voluntary Load Reduction Period. Customer may, but is under no obligation to,
submit an offer to participate in the Voluntary Load Reduction Period or may accept, reject, or
counter-offer any SPS offer. All Customer offers, acceptances, rejections, and counter-offers
must be made through the secure internet site. The Customer's minimum Committed Load
Reduction ("CLR"), as defined in the VLRPO tariff, must be 1,000 kW (1MW) for any of the hours
of the specified Voluntary Load Reduction Period in which the Customer offers to participate.
Customer may revise or withdraw an offer by contacting Xcel Energy, Energy Markets no later
than 8 hours before the start of the Voluntary Load Reduction Period, (unless an alternate time is
stated in the notification of the Voluntary Load Reduction Period), at the following phone number
303-571-7030.
5.
SPS Response to Offer. SPS may, but is not obligated to, accept or reject Customer's
offer, or may make a counter-offer to Customer, using the secure internet site. Acceptance of an
offer from another customer does not require SPS to accept Customer's offer. Offers will be
accepted only up to the target amount specified for the Voluntary Load Reduction Period.
6.
Reference Load Profile. SPS shall determine the Customer's Reference Load Profile
("RLP") as defined in the VLRPO tariff for accepted offers only. Customer acknowledges that
determination of the RLP may not occur until after the conclusion of the Voluntary Load Reduction
Period. Although SPS may assist Customer in understanding its load profile, Customer is
responsible for its own estimate of RLP and CLR in presenting or accepting an offer, and
Customer's participation based on such estimates shall be at Customer's own risk.
7.
Entire Agreement. This Agreement and the attached VLRPO Contact Information Form,
together with the VLRPO tariff and the rules and regulations set forth in SPS’s other tariffs
governing electric service (as they now exist and as they may be amended from time to time),
shall apply to and govern Customer's participation in the VLRPO program at all times, and shall
constitute the entire agreement among the parties with respect to VLRPO program; except that,
the price and quantity of Customer's participation in a specified Voluntary Load Reduction Period
shall be as reflected as an accepted offer on the secure internet site.
8.
Assignment - Consent: This Agreement shall not be assigned by either party hereto,
without the prior written consent of the other party, which consent shall not be unreasonably
withheld.
IN WITNESS WHEREOF, the parties have executed this VLRPO Enabling Agreement in their
respective names, by their duly authorized representatives as of the date and year first written
above.
Southwestern Public Service Company
Customer
By:
By:
Printed Name:
Printed Name:
Title:
Title:
Date:
Date:
VLRPO CONTACT INFORMATION FORM
Customer Name:
Service Address::
Premise Number::
Date:
Customer may provide up to 3 contacts. Each contact may have one email address and
one Short Message Service Address (text addressable cell phone address). It is
Customer's responsibility to update this information as necessary.
Contact 1 (Name):
Email Address:
Text Addressable Cell Phone Number:
Contact 2 (Name):
Email Address:
Text Addressable Cell Phone Number
Contact 3 (Name):
Email Address:
Text Addressable Cell Phone Number: