Southwest Power Pool REGIONAL TARIFF WORKING GROUP DFW / Hyatt – Venus Room / East Tower March 14 - 15, 2001 Agenda Item 1 – Call to Order & Receipt of Proxies Chair Ricky Bittle called the Regional Tariff Working Group (RTWG) meeting to order at 9:00 a.m. with a round of introductions. Other RTWG members in attendance were: Gene Anderson (OMPA), Dennis Bethel (AEP), Betsy Carr for Kim Casey (Dynegy), Mark Foreman (TNSK), David Grover (Xcel Energy), John Gunesch (OG&E), Rick Henley (CWL Jonesboro, AR), Ron Kite (KCPL), Wayne Miller (ETEX) Ron McNamara (Enron), Dennis Reed (WERE), Rick Rucker (Coral), Jim Sherwood (SWPA), Pat Bourne (SPP), Roy Sundman (SPP). Others in attendance included: Mark MacDonald and Lynn Ferry (CLECO); Matt Wolf, David McNeill and Jon de la Houssaye (Entergy); Tracey Hannon and Darrell Gilliam (SWPA); Barbara DelGrosso (SPRA); Brett Bradford and Hardy Thompson (CLWC Paragould); Les Brown (OG&E); Terri Gallup (AEP); Walt Shumate (Shumate & Assoc.); Wes Berger (Xcel Energy); Kit Pevoto (PUCT Staff); Mark McMurray (Coral); Maria Farinella (Dickstein Shapiro – DENA); Bill Dowling (Midwest Energy) and Bill Spears (TXU Energy Services). Agenda Item 2 – Agenda Discussion There were no additional agenda items. Agenda Item 3 – Approval Minutes Minutes of the March 1, 2001 meeting were reviewed. It was noted that John Gunesch had attended the meeting but was not listed as present. With that correction, Ron McNamara (Enron) moved that the minutes be approved. John Gunesch (OG&E) seconded the motion. The minutes were approved unopposed. Agenda Item 4 – Update on SPP Filings/Activities Inter-RTO Seams Collaborative Meeting Report – Pat Bourne (SPP Staff) reported that the rate reciprocity issue had been discussed at a meeting on March 5, 2001. Additionally, Pat mentioned that SPP Staff will soon begin negotiating an Inter-RTO Cooperation Agreement with the Alliance. Future meetings of the seams collaborative include, March 26, 2001 in Atlanta at the Courtyard Marriott from 10:00 a.m. to 3:00 p.m. and another scheduled for April 9, 2001 in St. Louis. Axia Complaint: Pat reported that the complaint had been filed and summarized its nature and importance. SPP’s answer will be filed on March 21, 2001. Agenda Item 5 – Modification of SPP Tariff Sections 2.2 and 22: Ricky Bittle (Chair) referred to language SPP Staff distributed by email exploder on Tuesday, March 13, dated 03-14-01. Roy Sundman (SPP Staff) described minor modifications made by SPP Counsel and the rationale for them. After significant discussion regarding language revisions, Ricky asked if there was any motion to modify the language approved on March 1, other than the revision previously distributed to the email exploder by Mark Foreman (TNSK). SPP RTWG Minutes 03/14-15/01 None was offered. Mark raised two issues: First, he agreed that an incumbent customer ought to match the term of a competing request, but should not be required to match the amount of the request, as the proposed language provides; Second, in the event that a competing request is made less than 60 days prior to notification required of the incumbent customer pursuant to 2.3 (b), the time otherwise provided to the incumbent customer to provide notification may be extended. Mark proposed that the incumbent customer be required to exercise its ROFR on or before the earlier of 60 days before the end to the current term or within 60 days after notification of contingent service agreement execution by the competing customer. After extensive discussion of the impact of such a change on the incumbent customer, Ricky suggested that the two issues be separated for further discussion and decision. Mark moved that Section 2.3 (a) of the staff-proposed language be modified by deleting the words “ . . . for the amount of the competing request . . .”. Gene Anderson (OMPA) seconded the motion. The motion was adopted without opposition and one abstention. Thereafter, Mark moved that language changes to affect his second proposal be adopted. Rick Rucker (Coral) seconded the motion. Two votes were cast for the motion with the remaining RTWG members opposing it. The motion failed. The revision of Tariff Sections 2.2 and 22 adopted by the RTWG is attached (Attachment 1). Modifications to Accommodate Retail Access – Texas Pilot: Kit Pevoto (PUCT Staff) distributed and described a new Texas non-ERCOT Transmission Billing Straw Man Proposal (Attachment 2). It provides for transmission provider billings directed to REP under three rate classes, depending on the metering used to measure end-use customer load. Customers are separated into those whose loads are measured by interval demand metering, non-interval demand metering and energy only metering. Additionally, Kit indicated that the PUCT Staff would prefer a specific reference in the Tariff to the Texas REP as an eligible customer to assure that a REP can obtain point-to-point service. After discussion of the proposal from the PUCT Staff, Ricky Bittle (Chair) asked whether there is any inclination to move to a three-class rate proposal rather than the current one-class policy of the RTWG. No change proposal was offered. Ricky indicated there would be continued discussion with three nonERCOT utilities on this matter. Dennis Reed (WERE) stated that with the advent of retail access in Texas and potential for load shifts between REPs, we need to develop a network service rate design more responsive to these conditions. Dennis Bethel (AEP) stated that his proposal for a fixed rate for network service would address this question and suggested it be discussed in this context. Generally, the idea is to replace the load ratio share billing methodology with a single stated rate, expressed in $/kW. The associated billing determinant would be the customer’s contribution to monthly coincident peak. Dennis Bethel mentioned that a stated rate for network service had been accepted for filing for the Alliance RTO. Dennis Bethel moved that “the RTWG support the use of a fixed stated rate for network service by zone with such rate remaining in effect until a revision is accepted for filing by the FERC”. John Gunesch (OG&E) seconded the motion. Dennis Bethel stated that details like appropriated divisor for the rate, and treatment of revenue credits will need to be worked out. The motion passed with 10 for, 0 against, and 3 abstentions. Transmission Owners will each review their situation and be prepared to discuss specific details about the manner used to include such rates in the Tariff at the March 22, 2001 meeting. Ricky Bittle (Chair) referred to the Tariff change proposal document prepared by SPP Staff. Pat Bourne (SPP Staff) explained that Section 7.1 had been modified to permit estimated bills and subsequent adjustments to reflect actual data, when such data becomes available. The proposed language was modified during discussion. Any limitation on the time frame for correction remains to be decided. The proposed modification to the network service preamble was designed to accommodate a billing attachment, a form of network service agreement and a form of network operating agreement, all applicable to service provided to a retail provider. Action on the preamble language change was deferred until the attachments to which it refers are considered. There was discussion concerning the proposed language change in Section 29.2 (vii), to handle minimum term of service. Dave Grover (Xcel Energy) moved that the language 2 SPP RTWG Minutes 03/14-15/01 modification be deleted. Dennis Bethel (AEP) seconded the motion. The motion failed with 2 for, 7 against, and 2 abstentions. Ricky Bittle (Chair) turned to the proposed retail network service agreement. This proposed new Attachment Z is designed to modify the current network service agreement, Attachment F, to include retail-specific exceptions to standard network service. After extensive discussion of the proposal, Ricky asked whether there was any objection to using the currently accepted Attachment F, modified as necessary to accommodate retail access, for service to retail providers. There was no objection. SPP Staff distributed a proposed modification to Tariff Section 1.11, definition of Eligible Customer. The insertion was proposed to provide a specific reference to a retail electric provider as an eligible customer. After discussion, the RTWG decided to strike the proposed insertion and approved a modification to 1.11 which adds the phrase “…or eligible person…” to subsection (ii) so that it reads “(ii) Any retail customer or eligible person taking unbundled transmission service pursuant to a state requirement…”. Upon review of proposed revisions to the Network Operating Agreement previously distributed by SPP Staff, RTWG again concluded that a retail-specific form of agreement is not preferred. Rather, the current Attachment G should be modified to accommodate retail provider service in a single agreement attachment. Specifically, proposed section 8.4 should be included within a rewrite of Attachment G. Dennis Reed (WERE) volunteered to revise the Network Operating Agreement in order to accommodate metering associated with service to retail providers. Since it has been determined that there is no need for new Tariff attachments, the proposed modification to the network service preamble was stricken. Attached are the base Tariff sections reflecting the agreed upon changes (Attachment 3). Modifications to Attachment J, Recovery of Costs Associated with New Facilities: Pat Bourne (SPP Staff) referred to modifications to Tariff Attachment J, previously distributed. He described rationale for the change and noted that some of the proposed changes in Attachment L were related. The modifications to staff language, distributed by Sterling Taylor (AEP), were considered at the same time. Sterling explained that basically, the AEP proposal is designed to decouple “or pricing” from the defined Transition Period. He contended that the end of the Transition Period was too soon to begin roll-in of new facilities. Ricky Bittle (Chair) asked whether there was any objection to the staff-proposed language. There was none. The staffproposed language was adopted (Attachment J - Attachment 4). Dennis Bethel (AEP) moved that the AEP modification to the staff-proposed language be adopted. There was no second to the motion. Modifications to Attachment L, Treatment of Revenues: Pat Bourne (SPP Staff) described the nature and rationale for the proposed changes to Tariff Attachment L, previously distributed. After extensive discussion of the proposed changes, Pat indicated that staff would bring back a revision to the modification proposal. No action was taken. Dennis Reed (Vice Chair) led the meeting for the remainder of the session. Rates for Firm Redirection of Firm Service (Tariff Section 22): Proposed changes to Tariff Section 22 were discussed with no action taken. Modifications to Section 11, Creditworthiness: Staff-proposed changes in Tariff Section 11 and a proposed addition to Section 17.2 were discussed together. After discussion of the proposed changes to Section 11, Dennis Reed (Vice Chair) asked if there was any objection to them. There were no objections to the proposed Section 11 language and it was approved (Section 11 - Attachment 5). Discussion of the proposed addition to Section 17.2 was deferred. 3 SPP RTWG Minutes 03/14-15/01 Modifications to Section 17.3, et al., Alternatives to Customer Deposits: Pat Bourne (SPP Staff) reviewed content and rationale for proposed Tariff changes related to the issue of requiring alternative forms of deposit. Decision on proposed changes was deferred until the March 22, 2001 meeting. Agenda Item 6 – Pro forma SPP Generation Interconnection Agreement Betsy Carr (Dynegy) distributed an electronic copy of a draft comparison of three agreement formats under consideration by the RTWG. The purpose of this comparison is to assist with the selection of one document as a base, from which a pro forma SPP generation interconnection agreement would be developed. Agenda Item 7 – SPP Business Practices Discussion and action on SPP Business Practices was deferred until Rick Rucker (Coral) was available to discuss this issue. Agenda Item 10 – Future Meetings Meetings have been scheduled for March 22 and April 2. Both will be held at the DFW Hyatt. Agenda Item 11 - Adjournment Vice-Chair Dennis Reed (WERE) adjourned the meeting at 2:25 p.m. Respectfully Submitted, Pat Bourne RTWG Secretary 4 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 2.2 Reservation Priority For Existing Firm Service Customers: Existing firm service customers (wholesale requirements and transmission-only, with a contract term of one-year or more, and retail) of the Transmission Owner(s) or Transmission Provider have the right to continue to take transmission service from the Transmission Provider when the contract expires, rolls over or is renewed. This transmission reservation priority is independent of whether the existing customer continues to purchase capacity and energy from the Transmission Owner(s) or elects to purchase capacity and energy from another supplier. If at {the end of} [any time during] the contract term, the Transmission Provider's Transmission System cannot accommodate all of the requests for transmission service, the existing firm service customer must agree to accept a contract term at least equal to {a} [the longest term] competing request by any new Eligible Customer and to pay the current just and reasonable rate, as approved by the Commission, for such service. This transmission reservation priority for existing firm service customers is an ongoing right that may be exercised at the end of all firm contract terms of one-year or longer. This reservation priority only applies to the facilities of the Transmission Owner(s) where such facility costs have been included as part of the firm service rates that the firm service customer has been paying. If competing existing firm service requirements customers apply for service that cannot be fully provided, the priority rights will be ranked in accordance with first-come, first-served principles. If firm service customers tie, then 5 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 the capacity for which they receive priority rights under this Tariff shall be apportioned on a pro rata basis. [2.3 Procedures For Exercising Transmission Reservation Priority Rights: (a) If, at any time, the Transmission Provider receives a request from an Eligible Customer for new firm transmission service that the Transmission Provider determines it could not accept without performing a System Impact Study if an existing customer were to exercise its transmission reservation priority pursuant to Section 2.2, the Transmission Provider shall notify such Eligible Customer that execution of a contingent service agreement shall be required within fifteen (15) days of such notification. Such service agreement shall be contingent on the outcome of these procedures. The Transmission Provider shall concurrently notify the existing customer of the new request. Within sixty (60) days after written notification by the Transmission Provider of execution of a contingent service agreement by the competing customer, the existing customer must inform the Transmission Provider whether it exercises its reservation priority pursuant to Section 2.2 and agrees to accept a contract term at least equal to the new request. For amounts of service in excess of those sought in the competing request(s), the existing customer shall maintain its reservation priority without taking any further action except for those actions required under Section 2.3 (b) or in response to future 6 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 competing requests. In the event an existing customer does not exercise its reservation priority or fails to respond within such time period, the existing firm service customer shall forfeit its reservation priority to the competing customer(s). In the event that the competing customer(s) do not reserve all of the forfeited rights of the existing customer, the reservation priority will return to the existing customer. (b) In the event an existing firm service customer does not receive a notification pursuant to Section 2.3(a), then the existing customer must notify Transmission Provider no later than sixty (60) days prior to the end of the term of its firm transmission contract that it is exercising its transmission reservation priority and will take transmission service for an additional term of one year or longer; otherwise it shall forfeit the transmission reservation priority associated with the contract.] 7 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 22 Changes in Service Specifications 22.1 Modifications On a Non-Firm Basis: The Transmission Customer taking Firm Point-To-Point Transmission Service may request the provision of transmission service on a non-firm basis over Receipt and Delivery Points other than those specified in the Service Agreement for Long-Term Firm Transmission Service or the confirmed Application for Short-Term Transmission Service ("Secondary Receipt and Delivery Points"), in amounts not to exceed its firm capacity reservation, without incurring an additional NonFirm Point-to-Point Transmission Service charge (except as provided in Section 22.1a) or executing a new Service Agreement for Long-Term Firm Transmission Service or submitting a new Application for Short-Term Firm Transmission Service, subject to the following conditions. (a) Service provided over Secondary Receipt and Delivery Points will be non-firm only, on an as-available basis and will not displace any firm or non-firm service reserved or scheduled by third-parties under the Tariff or under any other transmission tariff or agreement where the service is being provided by the Transmission Owner or by the Transmission Owner on behalf of its (their) Native Load Customers. (b) The sum of all Firm and Non-Firm Point-To-Point Transmission Service provided to the Transmission Customer at any time pursuant to this section shall not exceed the Reserved Capacity in the relevant Service Agreement for Long-Term Firm Transmission or Application 8 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 for Short-Term Firm Transmission Service under which such services are provided. (c) The Transmission Customer shall retain its right to schedule Firm Point-To-Point Transmission Service at the Receipt and Delivery Points specified in the relevant Service Agreement for Long-Term Firm Transmission or Application for Short-Term Firm Transmission Service in the amount of its original capacity reservation. (d) Service over Secondary Receipt and Delivery Points on a non-firm basis shall not require the filing of an Application for Non-Firm Point-To-Point Transmission Service under the Tariff. However, all other requirements of Part II of the Tariff (except as to transmission rates) shall apply to transmission service on a non-firm basis over Secondary Receipt and Delivery Points. 22.1a Additional Charge To Prevent Abuse: If a Transmission Customer making the modifications in Section 22.1 takes service over a transmission path that costs more than the path the Transmission Customer initially reserved, then for the service the Transmission Customer schedules, the Transmission Customer shall pay in addition to the amounts based on its initial reservation the additional costs (i.e., the difference between the zonal rates) associated with the new path. In addition, the Transmission Customer shall replace losses (in accordance with Attachment M) and pay for any redispatch costs (as determined in accordance 9 RTWG Minutes 03-15-01 Meeting - Attachment 1 Revised RTWG Language – Adopted 03-15-01 with Attachment K) based on the actual transmission path used. 22.2 Modification On a Firm Basis: Any request by a Transmission Customer to modify Receipt and Delivery Points on a firm basis shall be treated as a new request for service in accordance with Section 17 hereof, except that such Transmission Customer shall not be obligated to pay any additional deposit if the capacity reservation does not exceed the amount reserved in the existing Service Agreement for Long-Term Firm Transmission Service or confirmed Application for Short-Term Firm Transmission Service. While such new request is pending, the Transmission Customer shall retain its priority for service at the existing firm Receipt and Delivery Points specified in its Service Agreement for Long-Term Firm Transmission Service or confirmed Application for Short-Term Firm Transmission Service. [In any instance where the remaining term of service, after modification pursuant to this provision, is less than twelve (12) months the transmission customer will maintain existing rights of reservation priority on the original reservation.] 10 RTWG Minutes 03-15-01 Meeting - Attachment 2 CONFIDENTIAL March 13, 2001 NON-ERCOT TRANSMISSION BILLING Strawman Proposal Transmission Provider bills REP Directly for Transmission Service, under Three Rates Based on Metering Capability This document represents an effort to resolve issues prior to litigation. This document and its contents may not be used in any litigation by any party, except as evidence of a settlement that has been reached in accordance with its terms. I. Proposal In order to facilitate Texas’ Retail Access Program, and to comply with the PUCT’s Order No. 40 and consistent with FERC precedent, non-ERCOT transmission rates should be set for three classes based on metering technology: IDR metered, non-IDR demand metered, and nondemand metered. The OATT rate will be disaggregated into these separate rates and billed to REPs based on the mix of retail customers served, as addressed below. II. Major Assumptions Distribution Service Utilities and Transmission Providers are separate entities. The Distribution Service Utility provides distribution service through a Texas State jurisdictional Distribution Service Tariff. The Transmission Provider provides transmission service through a FERC jurisdictional Open Access Transmission Tariff (“OATT”). For the Non-ERCOT regions of Texas, those entities are as follows: Distribution Service Utility Entergy Gulf States Southwestern Electric Power Company Southwestern Public Service Company West Texas Utilities Transmission Provider Transco/SPP RTO* Southwest Power Pool RTO Southwest Power Pool RTO Southwest Power Pool RTO * Assumes FERC Approval of SPP RTO/Transco Hybrid Each Transmission Provider will agree to modify its OATT to utilize the three retail customer class rates for Network Integration Transmission Service to Texas Retail Electric Providers (“REPs”). Such modified rate will be fixed for at least one year. The three rate classes are IDR metered, non-IDR demand metered, and nondemand metered. FERC will approve the OATT modifications as proposed. 11 RTWG Minutes 03-15-01 Meeting - Attachment 2 III. CONFIDENTIAL March 13, 2001 The applicable service area for each respective amended OATT will be limited to the service area of the associated Distribution Service utility. Each REP will be a customer receiving transmission service from the Transmission Provider and will be eligible for both Network Integration and Point to Point Service. The Transmission Provider will bill each REP directly for all transmission services required by the REP’s customers. FERC Filing Requirements Each Transmission Provider in the Non-ERCOT regions will file with FERC to modify its FERC jurisdictional OATT to include provisions for Transmission Service to REPs. If a Transmission Provider has already filed for an OATT rate, the Texas Commission and the Transmission Provider will develop and present a joint recommendation to the FERC. Those modifications will include the following: IV. Defining a Texas REP as an eligible customer under the OATT for both Network Integration and Point to Point Service. Establishing Transmission Service capacity charges applicable to Texas REPs who take Network Integration Service. Charges are to be derived from the corresponding OATT rate applicable in 2002 for each of the three delivery service rate classes reflecting different metering capabilities. Customers with IDR metering shall be billed the same rate per kW as the OATT for the type of transmission service requested by a REP for these customers. All other rates shall be derived by allocating the Transmission Provider’s approved revenue requirements to the non-IDR classes using the same allocation method used to allocate transmission facility costs. The billing determinants for these classes shall be consistent with PUCT Order No. 40. Any other modification to the OATT that are necessary to provide transmission service to Texas REPs. Required Agreements Each REP will enter into a standard Service Agreement for Network Integration and/or Point-to-Point Transmission Service under the Transmission Provider’s FERC jurisdictional OATT. The Transmission Provider will provide transmission service directly to each REP under the Transmission Provider’s OATT. All terms and conditions of service under the OATT shall apply to the REP. 12 RTWG Minutes 03-15-01 Meeting - Attachment 2 I. CONFIDENTIAL March 13, 2001 Billing Mechanics The Transmission Provider will acquire billing information for each REP through the same or comparable settlement process that is being established for other RTO resident load serving entities. The Transmission Provider will prepare a bill for transmission service provided to each REP, and render that bill directly to the REP on a monthly basis. That bill will include all charges applicable under the OATT. The REP will be responsible for payment of the entire bill directly to the Transmission Provider unless other arrangements have been made with the REP’s customers. 13 RTWG Minutes 03-15-01 Meeting - Attachment 3 SPP Tariff changes – Network Service to Retail Providers – Revised 3-22-01 1.11 Eligible Customer: (i) Any electric utility (including the Transmission Owner(s) and any power marketer), Federal power marketing agency or any person generating electric energy for sale for resale. Electric energy sold or produced by such entity may be electric energy produced in the United States, Canada or Mexico. However, with respect to transmission service that the Commission is prohibited from ordering by Section 212(h) of the Federal Power Act, such entity is eligible only if the service is provided pursuant to a state requirement that a Transmission Owner offer the unbundled transmission service, or pursuant to a voluntary offer of such service by a Transmission Owner. (ii) Any retail customer or eligible person taking unbundled transmission service pursuant to a state requirement that a Transmission Owner offer the transmission service, or pursuant to a voluntary offer of such service by a Transmission Owner, is an Eligible Customer under the Tariff. 14 RTWG Minutes 03-15-01 Meeting - Attachment 3 SPP Tariff changes – Network Service to Retail Providers – Revised 3-22-01 7 7.1 Billing and Payment Billing Procedure: Within a reasonable time after the first day of each month, the Transmission Provider shall submit an invoice to the Transmission Customer for the charges for all services furnished under the Tariff during the preceding month. The invoice shall be paid by the Transmission Customer within twenty (20) days of receipt. All payments shall be made in immediately available funds payable to the Transmission Provider, or by wire transfer to a bank named by the Transmission Provider. [Invoices may be issued using estimated data, to the extent actual data is not available by the 5th working day of the month following service. Adjustments reflecting the difference in billing between the estimated and actual data will be included on the next regular invoice, with such adjustment being due when that invoice is due. Any other corrections found to be necessary will be made on the next regular monthly invoice. 29.2 Application Procedures: An Eligible Customer requesting service under Part III of the Tariff must submit an Application, with a deposit approximating the charge for one month of service; provided, however, the Transmission Provider shall have the right to waive deposits on a nondiscriminatory basis for service requests if the Transmission Provider determines that the Transmission Customer is creditworthy. Unless subject to the procedures in Section 2, Completed Applications for Network Integration Transmission Service will be assigned a priority according to the date and time the Application is received, with the earliest Application receiving the highest priority. Applications should be submitted by entering the information listed below on the Transmission Provider's OASIS. A Completed Application shall provide all of the information included in 18 CFR § 2.20 including but not limited to the following: 15 RTWG Minutes 03-15-01 Meeting - Attachment 3 SPP Tariff changes – Network Service to Retail Providers – Revised 3-22-01 (i) The identity, address, telephone number and facsimile number of the party requesting service; (ii) A statement that the party requesting service is, or will be upon commencement of service, an Eligible Customer under the Tariff; (iii) A description of the Network Load at each delivery point. This description should separately identify and provide the Eligible Customer's best estimate of the total loads to be served at each transmission voltage level, and the loads to be served from each Transmission Provider substation at the same transmission voltage level. The description should include a ten (10) year forecast of summer and winter load and resource requirements beginning with the first year after the service is scheduled to commence; (iv) The amount and location of any interruptible loads included in the Network Load. This shall include the summer and winter capacity requirements for each interruptible load (had such load not been interruptible), that portion of the load subject to interruption, the conditions under which an interruption can be implemented and any limitations on the amount and frequency of interruptions. An Eligible Customer should identify the amount of interruptible customer load (if any) included in the 10 year load forecast provided in response to (iii) above; (v) A description of Network Resources (current and 10year projection), which shall include, for each Network Resource: Unit size and amount of capacity from that unit to be designated as Network Resource VAR capability (both leading and lagging) of all generators Operating restrictions Any periods of restricted operations throughout the year Maintenance schedules Minimum loading level of unit Normal operating level of unit Any must-run unit designations required for system reliability or contract reasons Approximate variable generating cost ($/MWH) for redispatch computations Arrangements governing sale and delivery of power to third parties from generating facilities located in the Transmission Provider Control Area, where only a portion of unit output is designated as a Network Resource 16 RTWG Minutes 03-15-01 Meeting - Attachment 3 SPP Tariff changes – Network Service to Retail Providers – Revised 3-22-01 - (vi) Description of purchased power designated as a Network Resource including source of supply, Control Area location, transmission arrangements and delivery point(s) to the Transmission Provider's Transmission System; Description of Eligible Customer's transmission system: Load flow and stability data, such as real and reactive parts of the load, lines, transformers, reactive devices and load type, including normal and emergency ratings of all transmission equipment in a load flow format compatible with that used by the Transmission Provider Operating restrictions needed for reliability Operating guides employed by system operators Contractual restrictions or committed uses of the Eligible Customer's transmission system, other than the Eligible Customer's Network Loads and Resources Location of Network Resources described in subsection (v) above 10 year projection of system expansions or upgrades Transmission System maps that include any proposed expansions or upgrades Thermal ratings of Eligible Customer's Control Area ties with other Control Areas; and (vii) Service Commencement Date and the term of the requested Network Integration Transmission Service. The minimum term for Network Integration Transmission Service is one year [; however, if service is provided hereunder pursuant to a state retail pilot program, the minimum term may be the lesser of one year or the remainder of the pilot, but not less than one month.] Unless the Parties agree to a different time frame, the Transmission Provider must acknowledge the request within ten (10) days of receipt. The acknowledgment must include a date by which a response, including a Service Agreement, will be sent to the Eligible Customer. If an Application fails to meet the requirements of this section, the Transmission Provider shall notify the Eligible Customer requesting service within fifteen (15) days of receipt and specify the reasons for such failure. Wherever possible, the Transmission Provider will attempt to remedy deficiencies in the Application through informal communications with the Eligible Customer. If such efforts are unsuccessful, the Transmission Provider shall return the Application without prejudice to the Eligible Customer filing a new or revised Application that fully complies with the requirements of this section. The Eligible 17 RTWG Minutes 03-15-01 Meeting - Attachment 3 SPP Tariff changes – Network Service to Retail Providers – Revised 3-22-01 Customer will be assigned a new priority consistent with the date of the new or revised Application. The Transmission Provider shall treat this information consistent with the standards of conduct contained in Part 37 of the Commission's regulations. The Transmission Provider may, on a non-discriminatory basis, waive the requirements of subsections 29.2 (iii), (iv), (v) and (vi), to the extent such information is not applicable or, in the case of service being requested for retail access load, is unknown at the time of the application. 29.3 Technical Arrangements to be Completed Prior to Commencement of Service: Network Integration Transmission Service shall not commence until the Transmission Provider, the affected Transmission Owner(s), and the Network Customer, or a third party, have completed installation of all equipment specified under the Network Operating Agreement consistent with Good Utility Practice and any additional requirements reasonably and consistently imposed to ensure the reliable operation of the Transmission System. The Transmission Provider and the affected Transmission Owner(s) shall exercise reasonable efforts, in coordination with the Network Customer, to complete such arrangements as soon as practicable taking into consideration the Service Commencement Date. 18 RTWG Minutes 03-15-01 Meeting - Attachment 4 RTWG Language – Adopted 03-15-01 DRAFT 2-6-01 Southwest Power Pool FERC Electric Tariff Fourth Revised Volume No. 1 Original Sheet No. 163 ATTACHMENT J Recovery Of Costs Associated With New Facilities 1. Direct Assignment Facilities Where a System Impact and/or Facilities Study indicates the need to construct Direct Assignment Facilities to accommodate a request for Transmission Service, the Transmission Customer shall be charged the full cost of such Direct Assignment Facilities. Such costs shall be specified in a Service Agreement. 2. Network Upgrades a. The costs of completed Network Upgrades shall be handled as follows: i. During the Transition Period: The Transmission Customer(s) requesting Transmission Service which requires Network Upgrades shall pay the costs associated with those Network Upgrades to the extent consistent with Commission policy. Such costs shall be specified in a Service Agreement to be filed with the Commission. ii. After the Transition Period: All Network Upgrades constructed for service under this Tariff shall be rolled-in with all other transmission facilities. There shall be no direct assignment of Network Upgrade costs to Transmission Customers. However, the Transmission Provider shall not allow the construction and roll-in of a Network Upgrade when the Transmission Provider finds more economic or efficient alternatives. This roll-in of Network Upgrade costs shall not include the portion of any such Network Upgrades paid for during the Transition Period through direct assignment to Transmission Customer(s). 19 RTWG Minutes 03-15-01 Meeting - Attachment 4 RTWG Language – Adopted 03-15-01 DRAFT 2-6-01 Southwest Power Pool FERC Electric Tariff Fourth Revised Volume No. 1 Original Sheet No. 163 b. The costs of Network Upgrades that are not completed shall be handled as follows: If a proposed Network Upgrades was included in a Transmission Provider-approved Transmission Plan, required by the Transmission Provider, or otherwise accepted or approved by the Transmission Provider, the Transmission Owner(s) that incurred the costs shall be reimbursed for those costs by the Transmission Provider. These costs shall include, but are not limited to: the costs associated with attempting to obtain all necessary approvals for the project and studies and any construction costs. The Transmission Provider shall develop a mechanism to recover those costs which will be filed with the Commission on a case by case basis. 20 RTWG Minutes 03-15-01 Meeting - Attachment 5 RTWG Language – Adopted 03-15-01 DRAFT 2-6-01 Southwest Power Pool FERC Electric Tariff Fourth Revised Volume No. 1 11 Original Sheet No. ___ Creditworthiness For the purpose of determining the ability of the entity seeking the service or the Transmission Customer to meet its obligations related to service hereunder, the Transmission Provider may require compliance with reasonable credit review procedures and standards at any time beginning at the application stage through the end of the service. The procedures and standards shall be consistent with standard commercial practices. In addition, the Transmission Provider may require the entity seeking the service or the Transmission Customer to provide and maintain in effect during the term of the Service Agreement, an unconditional and irrevocable letter of credit as security to meet its responsibilities and obligations under the Tariff, or an alternative form of security proposed by the entity or the Transmission Customer and acceptable to the Transmission Provider and consistent with commercial practices established by the Uniform Commercial Code that protects the Transmission Provider against the risk of nonpayment. The Transmission Provider shall develop creditworthiness procedures and standards and publish them on the OASIS. 21