5.4. ERMUSR 05-13-2003 Elk River
Municipal Utilities
322 King Avenue phone: 763.441.2020
Elk River,MN 55330 Fax:763.441.8099
May 5, 2003
To: Elk River Municipal Utilities Commission
John Dietz
Jerry Takle
James Tralle
From: Bryan C. Adams
Subject: Disperse Generation Program
The Elk River Municipal Utilities has for a couple of years, offered a dispersed
generation program. This program has allowed customers who have electric
generations of 100 kw or larger to utilize this equipment to save money on their electric
rate. Great River Energy, at time of peak demand, will notify the retail customer to start
their generator, thereby curtailing their load which is then less load Great River Energy
must provide. Cub Foods utilizes a generator to curtail their load. This is a good
program for Great River Energy when capacity is short.
Great River Energy offers a similar program of curtailing load except, instead of utilizing
a generator, volunteer curtailment of load would be used. Aggregate Industries has 9
accounts with us with three being demand accounts. Aggregate Industries has indicated a
desire to voluntary curtail load of their South Pit Crushing Plant. We are now verifying
the magnitude of load they can curtail between 4:00 p.m. and 9:00 p.m.
Attached for your review is the following.
1) Program description of Dispersed Generation/Interruptible Load Program.
The Interruptible Load portion of this program has been added.
2) Dispersed Generation Program Agreement which has already been adapted.
3) Newly created Commercial Interruptible Load Agreement.
Staff recommend ERMU approve the revised Dispersed Generation/Interruptible Load
Program description and Commercial Interruptible Load Agreement.
For your information, the attached spread sheets reflects the customer and ERMU saving
utilizing this program.
COMMERCIAL INTERRUPTIBLE LOAD AGREEMENT
THIS COMMERCI.-1L INTERRUPTIBLE LOAD AGREEMENT, made as of this
day of by and among Elk River Municipal Utilities, "ERMU" and
"Customer", applies to commercial customers
of between 100 kW and 1000 kW peak load who agree to interrupt between 100 kW and
1000 kW of their load when requested to do so by ERMU.
Subject to the terms and conditions of this Agreement, and in reliance to the representations
and covenants herein contained, ERMU and Customer agree as follows:
ARTICLE 1. DEFINITIONS. As used in this Agreement the following terms have the
meanings given them unless the context requires otherwise:
Agreement means this Agreement, as it may be from time to time modified, amended
or supplemented.
Demand means Customer load measured in kilowatts (kW) averaged over a
continuous 60 minute period.
Interruptible Load means the difference between Customer's demand and a
predetermined demand level (PDL) Customer agrees to attain following notification
by ERMU to reduce demand.
Kilowatt (kW) means unit of electric power equal to 1000 watts.
Kilowatthour (kWh) means unit of electric energy equal to one kilowatt of power
supplied to or taken from an electric circuit steadily for one hour.
Predetermined Demand Level (PDL) means the maximum level of electric power
Customer agrees to attain when notice to interrupt load is given by ERMU or its
designated agent. For the purposes of this Agreement, Customer agrees to interrupt
enough load to attain a PDL of kW when requested.
Spring/fall season means the period from March 1 through May 31, and
September 1 through November 30.
Summer means the period from June 1 through August 31.
Utility means Elk River Municipal Utilities
Winter means the period from December 1 through February 28 or 29.
ARTICLE 2. TERM. This Agreement shall begin at 12:01 a.m. on
and shall continue until 12:00 a.m. on or until termination as provided for
in Article 12.
ARTICLE 3. LOAD INTERRUPT AVAILABILITY. For the term of this Agreement,
Customer represents and warrants that interruptible load of at least 100 kW shall be available
for interruption upon request by ERMU or its designated agent. Duration and frequency of
interruptions are subject to the limitations set forth in Article 7.
ARTICLE 4. SAFETY AND OPERATING STANDARDS. Safety and Operating
Standards under which ERMU operates are imposed to protect ERMU employees and the
general public, and are intended to guarantee a quality of service to all customers. Customer
must operate in a manner that insures the safety of ERMU employees and the general public.
Operation of Customer load disconnect equipment must allow electric service to other
customers to remain within prescribed limits.
Section 1: Inspection. An inspection certificate issued by the state electrical
inspector is required for wiring changes made by Customer for participation in this
Agreement. All changes must comply with the National Electrical Code,National
Electric Safety Code, and applicable local codes. An inspection by ERMU personnel
is also required prior to finalizing this Agreement. All Federal, State, and local safety
codes pertaining to installation, operation, and maintenance of Customer-owned load
disconnect equipment and collateral equipment shall be followed and are the
responsibility of Customer.
Section 2: Safety Equipment. Each manufacturer has specific methodologies
and equipment to assure safe operation of load disconnect equipment. Either of
the following methods are an acceptable means for interrupting Customer load
from ERMU's distribution system.
Automatic Load Disconnect. Customer's equipment may be designed to
automatically disconnect or shut down all or a portion of the Customer's load
when requested to do so by ERMU or its designated agent.
Manual Disconnect. A means shall be available to manually disconnect or
shut down all or a portion of the Customer's load when requested to do so by
ERMU or its designated agent.
Section 3: Power Quality. Operation of Customer's load disconnect equipment
must not cause any reduction in the quality of service provided by ERMU to its other
customers nor interfere with the operation of ERMU's distribution system or ERMU
power supplier's transmission system. If, in the opinion of ERMMU, quality of service
to other customers is compromised, it shall be the responsibility of Customer to take
any corrective action that may be required and/or for reimbursing ERMU for the cost
of corrective action which ERMU deems necessary to provide and restore service to
prescribed limits. Operation of Customer's load disconnect equipment shall be made
in a manner such that Total Harmonic Distortion (THD) levels shall be less than 1%
and power factor of 95% lagging or higher is maintained.
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ARTICLE 5. LOAD DISCONNECT OPERATION Upon not less than thirty minutes
notice by ERMU or its designated agent, Customer shall interrupt enough load to attain the
PDL as stated in Article 1. During such period ERMU shall not be obligated to serve that
portion of the load interrupted to reach the PDL. Exceptions to the thirty minute notice may
occur in system emergency situations, but every attempt will be made to give as much
advance notice as possible under system emergency situations.
ARTICLE 6. COMPENSATION TO CUSTOMER.
Section 1: ERMU shall compensate Customer for load interruptions maintained
when requested by ERMU or its designated agent, as indicated below:
Monthly Credit/Kw*
Summer(June, July, and Aug) $11.00 per kW
Winter(Dec, Jan, and Feb) $ 5.50 per kW
Spring/Fall (Mar, Apr, May, $ 2.50 per kW
Sept, Oct, Nov)
*Credit applies only during months in which Customer interrupts at least 100
kW of load or is capable of interrupting at least 100 kW of load when
requested to do so by ERMU or its designated agent.
The difference between Customer's demand at the time of notice to interrupt
and the PDL shall be used as a basis for establishing Customer's monthly credit.
In months in which no notice to interrupt is given, the difference between
Customer's demand and the PDL at time of ERMU's monthly billing peak shall
be used as a basis for establishing Customer's monthly credit.
In any month in which the difference between the Customers demand and the
PDL is not at least 100 kW, no credit will be given. If the difference between the
Customer's demand and the PDL remains less than 100 kW for two or more
Consecutive months, a new PDL may be established or ER.IIJ shall have the
right to terminate this Agreement as indicated in Article 12.
Section 2: Compensation to Customer pursuant to Article 6, Section 1 above
shall be paid as a credit applied to Customer's monthly electric bill from
ERMU, and shall not be paid to Customer in cash. That monthly credit shall be
determined by establishing a mutually agreed upon average monthly interruptible
load multiplied the appropriate seasonal rate in effect for that month. That
average interruptible load, which may be derived from either (1) metering or
(2) billing history, will be kW.
ARTICLE 7. MAXIMUM HOURS OF REQUESTED LOAD INTERRUPTION.
Except as otherwise agreed upon in writing, ERvIU shall not request Customer's load to be
interrupted more than 6 hours per day and not more than 300 hours per calendar year.
ARTICLE 8. METERING. Appropriate electronic demand and energy metering
equipment will be installed and maintained by ERMU in such a manner that it records energy
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and demand on a one-hour basis with regard to Customer's load. Customer shall provide
access to a telephone line for remote meter reading and notification, and shall reimburse
ERMU for the cost of the meter. Customer shall pay a$50 per month customer charge to
compensate ERMU for additional administrative costs. ERMU reserves the right to install
additional metering to measure load interrupted directly.
ARTICLE 9. TESTING. Customer shall perform tests to verify load interruption
capabilities to ERMU or its designated agent. Steps will be taken to minimize test frequency
and duration so as not to unduly impact Customer's operation. However, such tests shall be
for at least 15 minute periods at times when load interrupt notifications are normally
anticipated.
ARTICLE 10. INSPECTION. ERMU shall have the right at all reasonable times to enter
upon Customer's premises to inspect load disconnect and metering equipment, and to remove
the metering equipment upon the termination of this Agreement.
ARTICLE 11. LOAD DISCONNECT EQUIPMENT MAINTENANCE. Customer
shall be solely responsible for the maintenance, repair, and replacement of the load
disconnect equipment and its components. Customer shall make every attempt to assure load
disconnect equipment is capable of interrupting load down to the PDL especially during
January, February, June. July, August and December in any year during the term of this
Agreement. At other times, Customer shall give ERMU not less than thirty (30) days notice
prior to taking load disconnect equipment out of service.
ARTICLE 12. TERMINATION. ERMU or Customer may terminate this Agreement by
giving not less than six (6) months written notice to the other party. In the event of two
consecutive failures of Customer to perform the obligations set forth in Articles 3, 4, and 5 of
this Agreement during. any calendar year, ERMU may terminate the Agreement upon
fourteen (14) days written notice to Customer prior to the termination date. This Agreement
shall terminate immediately in the event Customer terminates its relationship with ERMU.
ARTICLE 13. NOTICES. All notices to interrupt load shall be made by telephone.
Written notices pursuant to this Agreement shall be conveyed by first class mail, postage
prepaid to Customer and ERMU at the following addresses:
To Customer: Company name
Address
Attention
Telephone number
To ERMU: Elk River Municipal Utilities
322 King Avenue
Elk River, MN 55330
Attention: Bryan Adams
Phone number 763/441-2020
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Notification of change of address, contact person, or telephone number must be made by
similar written notice.
ARTICLE 14. HEADINGS. The headings used in this Agreement are for convenience
only and shall not be deemed to constitute a part hereof, and shall not be deemed to limit,
characterize or in any way affect the provisions of the Agreement.
ARTICLE 15. ENTIRE AGREEMENT. This Agreement contains all of the terms and
conditions agreed upon by the parties hereto with respect to the subject matter of the
Agreement, and no other promises, agreements or undertakings, written or oral, regarding the
subject matter of this Agreement shall be of any force or effect.
ARTICLE 16. MODIFICATIONS. No change, amendment or modification of any
provision of the Agreement shall be valid unless it is in writing, dated subsequent to the date
hereof, and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
Elk River Municipal Utilities Customer (company name)
By:
(General Manager) By:
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DISPERSED GENERATION/INTERRUPTIBLE LOAD PROGRAM
DESCRIPTION: Beginning January 1, 2000, Elk River Municipal Utilities (ERMU)
provided an incentive to encourage on-site customer-owned generation. The target market
consisted of those commercial accounts that already owned backup generators of at least 100
kW, or were considering an investment in backup generation of at least 100 kW due to the
critical nature of their business. Effective May 1, 2003, that program was expanded to
include commercial accounts of at least 100 kW that are able to interrupt at least 100 kW of
load.
AVAILABILITY: This Program is available to commercial customers served by ERMU
which have sufficient load to fully utilize the output of between 100 kW and 1000 kW of on-
site generation capacity or that can interrupt between 100 kW and 1000 kW of load.
Customers with on-site generation in excess of 1000 kW or with in excess of 1000 kW of
interruptible load may also qualify for this Program, but special terms and conditions may
apply. Program participants must agree to operate their on-site generator, or limit operations
to interrupt all or a mutually agreed upon portion of their electric load upon notification by
ERMU or its designated agent. This Program applies to qualifying customers subject to the
following Conditions of Service:
1. The Customer must be operating between the hours of 4 PM and 9 PM and have
between 100 kW and 1000 kW of electric load that can be either switched to a
standby generator or interrupted upon notification by ERMU or its designated
agent.
2. The Customer must provide access to a phone line for notification and remote
meter reading.
3. The Customer who selects billing under this Dispersed Generation/Interruptible
Load Program must agree to remain on the Program for at least one year. A
written Agreement stating term, incentive, terms and conditions of service, and
safety and operating standards will be required. See either the Dispersed
Generation Agreement or Commercial Interruptible Load Agreement for details.
4. The Customer must provide an acceptable means to transfer all, or a mutually
agreed upon portion of the Customer load to the on-site generator upon
notification by ERMU. If the Customer does not have on-site generation,
the Customer must have a means to reduce load to a predetermined demand
level (PDL) within 30 minutes following notification by ERMU.
5. Time and duration of on-site generator operation or interruption shall be at the
discretion of ERMU but will not exceed 10 hours per occurrence for those with a
generator or 6 hours per occurrence for those who have interruptible load.
6. Operation of Customer's generation and collateral equipment or interruption of
load must not cause any reduction in the quality of service provided by ERMU to
any other customer.
7. It is the Customer's responsibility to supply fuel and maintain the on-site
generator and collateral equipment to meet the electric power requirements
during periods of operation. Customer will be reimbursed for fuel used in
excess of 80 hours run time at a rate of$.08/kilowatt-hour produced by the
generator. There is no fuel reimbursement for those Customers who do not
have on-site generation.
8. Notification of intent to operate Customer's on-site generator by ERMU will
be made to give at least thirty minutes notice. In emergency situations,
automatic startup may occur simultaneously with notification. Customers
without on-site generation will be given 30 minutes to reduce load to the PDL.
9. If the on-site generator fails to perform or the load is not reduced to the PDL
during any calendar month, the Customer will not receive the monthly demand
credit. If the on-site generator fails to perform or the load is not reduced to the
PDL more than two times in any calendar year, ERMU reserves the right to
remove the Customer from the Program.
10. The generator installation or method used to interrupt load must conform to
ERMU service requirements, and must conform to all local and national safety
codes.
11. The Customer must continue to purchase all electric energy and electric
energy delivery services from ERMU for the contract period.
INCENTIVE: Customers under contract to interrupt load down to a PDL, or with
operational on-site generation participating in this Program will receive monthly credits based
on the amount of electric demand (kW) which can be interrupted or transferred from ERMU's
delivery system to the on-site generator. The monthly credit remains fixed for the years 2003,
2004, and 2005, but varies by season as follows:
Monthly Credit Per KW Transferred*
Summer (June, July and Aug) $11.00 per kw
Winter (Dec, Jan, and Feb) $ 5.50 per kw
Spring/Fall (Sept, Oct, Nov, $ 2.50 per kw
Mar, Apr, and May)
*Credit applies only during months in which Customer agrees to interrupt load
to a PDL or when the Customer's generator is fully operational and/or operates
within limits prescribed in the Agreement.
CREDIT DETERMINATION: Customer's monthly demand credit shall be based on the
amount of load which can be either interrupted or transferred from ERMU's delivery system
to the Customer's on-site generator at a time specified by ERMU or its designated agent.
There must be sufficient load to interrupt or transfer to the standby generator between the
hours of 4 PM and 9 PM to allow for a reduction of at least 100 kW.
Compensation to Customer shall be paid as a credit applied to Customer's monthly electric
bill from ERMU, and shall not be paid to Customer in cash. That monthly credit shall be
determined by establishing a mutually agreed upon average monthly kW demand reduction
multiplied by the appropriate seasonal rate in effect for that month.
No other credits or financial incentives will be provided by ERMU to the Customer under this
Program.
METERING: The Monthly customer charge shall be increased to $50 per month to cover
the cost of program administration. Cost of special metering required for credit determination
will be billed to the Customer. ERMU will retain ownership of and maintenance for all
special metering required to administer this Program.
Revised 4/03
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DISPERSED GENERATION PROGRAM AGREEMENT
THIS DISPERSED GENERATION AGREEMENT, made as of this day of
by and among Elk River Municipal Utilities, "ERMU" and
"Customer", applies to customer-owned,
on-site generation of 100 kilowatts through 1000 kilowatts rated capacity.
Subject to the terms and conditions of this Agreement, and in reliance to the
representations and covenants herein contained, ERMU and Customer agree as follows:
ARTICLE 1. DEFINITIONS. As used in this Agreement the following terms have the
meanings given them unless the context requires otherwise:
Agreement means this Agreement, as it may be from time to time modified,
amended or supplemented.
Demand means the maximum generating equipment power output measured in
kilowatts (kw) or Customer load averaged over a continuous 60 minute period.
Generating Equipment means the following generator (s) located at
Generator number one:
Mfg
Continuous run nameplate rating in kw
Contract demand if other than continuous run nameplate rating in
kw
Serial number
Fuel type
Generator number two:
Mfg
Continuous run nameplate rating in kw
Contract demand if other than continuous run nameplate rating in
•
kw
Serial number
Fuel type
Isolated means a condition whereby the generating equipment is not
interconnected with ERMU's electric system.
Kilowatt (kW) means unit of electric power equal to1000 watts.
Kilowatthour (kWh) means unit of electric energy equal to one
kilowatt of power supplied to or taken from an electric circuit steadily for
one hour.
1
Parallel means a condition whereby the generating equipment is interconnected
with ER'vfU's electric system.
Spring/fall season means the period from March 1 through May 31, and
September 1 through November 30.
Summer means the period from June 1 through August 31.
Utility means Elk River Municipal Utilities
Winter means the period from December 1 through February 28 or 29.
ARTICLE 2. TERM. This Agreement shall begin at 12:01 a.m. on
and shall continue until 12:00 a.m. on or until termination as provided
for in Article 12.
ARTICLE 3. GENERATOR AVAILABILITY. Customer represents and warrants
to ERMU that the generating equipment shall be available for operation upon request by
ERMU or its designated agent during the term of this Agreement.
ARTICLE 4. SAFETY AND OPERATING STANDARDS. Safety and Operating
Standards under which ERMU operates are imposed to protect ERMU employees and the
general public, and are intended to guarantee a quality of service to the other customers.
Customer must operate in a manner that insures the safety of ERMU employees and the
general public, and must allow electric service to other customers to remain within
prescribed limits.
Section 1: Inspection. An inspection certificate issued by the state electrical
inspector having jurisdiction in Customer's area is required to assure wiring
complies with the National Electrical Code, National Electric Safety Code, and
applicable local codes. An inspection by ERMU personnel is also required prior
to finalizing this Agreement. All Federal, State, and local safety codes
pertaining to installation, operation, and maintenance of Customer-owned
generation and collateral equipment shall be followed and are the responsibility
of Customer.
Section 2: Safety Equipment. Each manufacturer has specific methodologies
and equipment to assure safe operation of its generator. Any of the following
means of disconnect and/or transfer are acceptable to assure generator output will
not backfeed into ERMU's distribution system.
Automatic Disconnect. Customer's equipment shall be designed and operated
to automatically disconnect or shut down during scheduled or unscheduled
outages of ER\IU's facilities to insure that it will not backfeed into any part of
ERMU's transmission and/or distribution system. Disconnect switch shall have
an electrical interlock to prevent closing on the utility if there is a loss of utility
2
voltage. Break-before-make auto reconnect to the utility source shall be
permitted only after the utility source has been established for a minimum of
two minutes.
Manual Disconnect. A means shall be available to positively disconnect
Customer from the system such that there is no possibility that Customer
could backfeed through the service transformer and energize the system.
This requirement shall be met with a switch housed in an approved
enclosure which can be secured with a padlock or locking device located
between Customer and ERMU's system.
Automatic Transfer. Closed transition (soft transfer) is permitted only after
the utility source has been established for a minimum of 5 minutes. Paralleling
between Customer's generator and the utility shall incorporate appropriate
synchronization equipment and shall be limited to10 milliseconds to
accomplish the transition. Transfer switch shall have electrical interlock to
prevent closing on the utility if there is a loss of utility voltage. Auto retransfer
(soft transfer) to the utility source shall be permitted only after the utility source
has been established for a minimum of 2 minutes.
Manual Transfer. Soft transfer is not permitted. For manual transfer, the
transfer switch shall have a mechanical interlock to prevent paralleling to the
utility.
Section 3: Power Quality. Operation of Customer's generation and auxiliary
equipment must not cause any reduction in the quality of service provided by
ERMU to its customers nor interfere with the operation of ERMU's distribution
system or ERMU power supplier's transmission system. The equipment shall not
put any undesirable voltages, frequencies, or transients on to ERMU's distribution
system or ERMU power supplier's transmission system. If any of the
aforementioned events occur, the equipment shall be disconnected until such time
as the harmful conditions have been corrected. Customer shall be responsible
for taking any corrective action that may be required and/or reimbursing ERMU
for the cost of corrective action which ERMU deems necessary to provide and
restore services to prescribed limits. Customer's generator will generate 3 phase,
60 hertz power delivered to ERMU at normal 12.47 Kv at a power factor of 98%
lagging. Total Harmonic Distortion (THD) levels produced by the equipment
shall be less than 1%.
ARTICLE 5. GENERATING EQUIPMENT OPERATION. Upon not less than
thrity minutes notice by ERMU to Customer prior to generator start-up time, Customer
shall operate the generating equipment at the output level stated in Article I, under
Generating Equipment during the period requested by ERMU. During such period
ERMU shall not be obligated to serve Customer's electric load to the extent of the
generator (s) output. Customer shall comply with all applicable generation regulations of
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the Mid-Continent Area Power Pool, or other regulatory body, applicable to ERMU and
Customer. Exceptions to the thirty minute notice may occur in system emergency
situations. Every attempt will be made to give as much advance notice as possible under
system emergency situations.
ARTICLE 6. COMPENSATION TO CUSTOMER.
Section 1: ERMU shall compensate Customer for the rated output of the
generating equipment, or Customer's demand as indicated below:
Monthly Credit/Kw*
Summer (June, July, and Aug) $11.00 per kw
Winter(Dec, Jan, and Feb) $ 5.50 per kw
Spring/Fall (Mar, Apr, May, $ 2.50 per kw
Sept, Oct, Nov)
*Credit applies only during months in which Customer's generator is
fully operational and/or operates within the prescribed limits as set forth
in this entire Agreement.
If Customer's generator output does not typically meet Customer's demand, then
the continuous run nameplate rating of the generator shall be used as a basis for
establishing Customer's monthly credit. However, if Customer's generator
output typically meets or exceeds Customer's demand, then Customer's demand
at time of ERMU's monthly billing peak shall be used as a basis for establishing
Customer's monthly credit.
If Customer's generator fails to perform, in any calendar month, Customer
will not receive the monthly credit for that month or any succeeding months until
performance has been demonstrated to the satisfaction of ERMU personnel. If
Customer's generator fails to perform more than two times in any calendar year,
ERMU reserves the right to terminate this Agreement as indicated in Article 12.
Section 2: ERivfU has no obligation to Customer for fuel used during either
requested run times or during required monthly tests. ERMU has no obligation
to Customer for maintenance costs, repair costs, or replacement costs of the
generating equipment.
Section 3: Compensation to Customer pursuant to Article 6, Section 1 above
shall be paid as a credit applied to Customer's monthly electric bill from
ERMU, and shall not be paid to Customer in cash. That monthly credit shall be
determined by establishing a mutually agreed upon average monthly kw demand
multiplied by the appropriate seasonal rate in effect for that month. That average
kw demand derived from either (1)metering or (2)billing history will be kw.
ARTICLE 7. MAXIMUM HOURS OF REQUESTED OPERATION. Except as
otherwise agreed upon in writing, ERMU shall not request Customer's generating
4
equipment to be operated more than 10 hours per day and not more than 300 hours per
calendar year.
ARTICLE 8. METERING. Appropriate electronic demand and energy metering
equipment will be installed and maintained by ERMU in such a manner that it records
energy and demand on a one-hour basis with regard to Customer's load. Customer shall
provide access to a telephone line for remote meter reading and notification, and
reimburse ERMU for the cost of the meter. Customer shall pay a $50 per month
customer charge to compensate ERMU for additional administrative costs. ERMU
reserves the right to install additional metering to measure generator output directly.
ARTICLE 9. TESTING. Customer shall test the start-up and operation of the
generating equipment for at least a 15 minute period during each month of the term of
this Agreement.
ARTICLE 10. INSPECTION. ERMU shall have the right at all reasonable times to
enter upon Customer's premises to inspect the generating equipment and metering
equipment, and to remove the metering equipment upon the termination of this
Agreement.
ARTICLE 11. GENERATING EQUIPMENT MAINTENANCE. Customer shall
be solely responsible for the maintenance, repair, and replacement of the generating
equipment and its components. Customer shall not take the generating equipment out of
service for scheduled maintenance during December, January, February, June, July or
August in any year during the term of this Agreement. At other times, Customer shall
give ERMU not less than thirty (30) days notice prior to taking the generating equipment
out of service for scheduled maintenance.
ARTICLE 12. TERMINATION. ERMU or Customer may terminate this Agreement
by giving not less than six (6) months written notice to the other party. In the event of
two consecutive failures of Customer to perform the obligations set forth in Articles 4, 5,
and 8 of this Agreement during any calendar year, ERMU may terminate the Agreement
upon fourteen(14) days written notice to Customer prior to the termination date. This
Agreement shall terminate immediately in the event Customer terminates its relationship
with ERMU.
ARTICLE 13. NOTICES. All startup notices shall be made by telephone. Written
notices pursuant to this Agreement shall be conveyed by first class mail, postage prepaid
to Customer and ERMU at the following addresses:
To Customer: Company name
Address
Attention
Telephone number
To ERMU: Elk River Municipal Utilities
322 King Avenue
5
Elk River, MN 55330
Attention: Bryan Adams
Phone number 612/441-2020
Notification of change of address, contact person, or telephone number must be made by
similar written notice.
ARTICLE 14. HEADINGS. The headings used in the Agreement are for
convenience only and shall not be deemed to constitute a part hereof, and shall not be
deemed to limit, characterize or in any way affect the provisions of the Agreement.
ARTICLE 15. ENTIRE AGREEMENT. This Agreement contains all of the terms
and conditions agreed upon by the parties hereto with respect to the subject matter of the
Agreement, and no other promises, agreements or undertakings, written or oral, regarding
the subject matter of this Agreement shall be of any force or effect.
ARTICLE 16. MODIFICATIONS. No change, amendment or modification of any
provision of the Agreement shall be valid unless it is in writing, dated subsequent to the
date hereof, and signed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
Elk River Municipal Utilities Customer (company name)
By:
(General Manager) By:
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