6.2. ERMUSR 07-09-2007~j
Elk River -~
Municipal Utilities
13069 Orono Parkway • P.O. Box 430
Elk River, MN 55330-0430
July 3, 2007
To: Elk River Municipal Utilities Commission
Jerry Takle
Jerry Gumphrey
Jim Tralle
From: Bryan Adams
Subject: Substation Agreements
Phone: 763.441.2020
Fax: 763.441.8099
Elk River Municipal Utilities and United Power Association (UPA), now Great River Energy
have an Interconnection Agreement dated May 1, 1988. This agreement provides transmission
service to Elk River and purchases capacity and energy from our diesel power plant per the
following.
3.01 The interconnection shall be operated continuously interconnected for the purpose of
delivering to Elk River the power and energy that is specified in the electric service agreement
between Elk River and AEC, and delivering to UPA the power and energy specified in the Power
Transaction Agreement.
3.02 A Power Transaction Agreement shall be made in writing between the Parties for the
purchase of Elk River's generating capacity by UPA. The Power Transaction Agreement shall
specify the amount of power and energy to be purchased and shall be attached hereto and
become a part hereof.
The term of this agreement is as follows.
5.01 This Agreement shall remain in full force and effect for a period of five (5) years
commencing on the effective date of this Agreement, and if not then terminated by at least
twenty-four (24) months prior written notice given by either Party to the other, shall continue
thereafter in full force and effect until so terminated.
The term was later amended to 120 months from 24 months. Our power supply contract thru
Connexus Energy is incorporated in the territory acquisition contract. The service territory
contract expires 2-28-2011, but the power supply portion of the contract remains in effect until
either party gives a 120 month notice to terminate.
SUPPLEMENT No. 5
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
ELK RIVER MUNICIPAL UTILITIES
AND
GREAT RIVER ENERGY
This Supplement No. 5 made this day of 2007, between Elk River
Municipal Utilities of the City of Elk River, Minnesota, a municipal corporation,
hereinafter referred to as "ERMU", and Great River Energy, a Minnesota cooperative
corporation, hereinafter referred to as "GRE", both ERMU and GRE being sometimes
referred to herein individually as a "Party" or collectively as "Parties".
Witnesseth
Whereas, ERMU and GRE are parties to an Interconnection Agreement, dated May 1,
1988 and its Supplement No. 1, dated December 8, 1988 and its Supplement No. 2, dated
December 14, 1993 and its Supplement No. 3, dated May 27, 1998, and its Supplement
No. 4, dated September 27, 2006; and
Whereas, ERMU and GRE have identified anew project, and are desirous of
incorporating these new modifications into the Interconnection Agreement.
Now therefore, the parties agree as follows:
1) Waco Switch Station
The Third Revised Exhibit A of the Original Agreement is deleted therefrom in its
entirety, and a Fourth Revised Exhibit A, which identifies replacement and
additional equipment, including Ownership, Operation, & Maintenance
Provisions (Exhibit A), One-Line Diagram (Exhibit B), including Insurance
Requirements for Entities Performing Work on GRE Property (Exhibit C), as
attached herewith is substituted therefore.
Insurance Requirements for Entities Performing Work on GRE Property
Article 1. Insurance
1.1 The Interconnection Customer shall, at its own expense, maintain in force
throughout the period of this Interconnection Agreement, and until released by
GRE, the following minimum insurance coverages, with insurers authorized to do
business or an approved surplus lines carrier in the state where the Point of
Interconnection is located:
1.1.1 Employers' Liability and Workers' Compensation Insurance providing
statutory benefits in accordance with the laws and regulations of the state
in which the point of interconnection is located.
1.1.2 Commercial General Liability Insurance including premises and
operations, personal injury, broad form property damage, broad form
blanket contractual liability coverage (including coverage for the
contractual indemnification) products and completed operations coverage,
coverage for explosion, collapse and underground hazards, independent
contractors coverage, coverage for pollution to the extent normally
available and punitive damages to the extent normally available and a
cross liability endorsement, with minimum limits of One Million Dollars
($1,000,000) per occurrence/One Million Dollars ($1,000,000) aggregate
combined single limit for personal injury, bodily injury, including death
and property damage.
1.1.3 Comprehensive Automobile Liability Insurance, for coverage of owned
and non-owned and hired vehicles, trailers or semi-trailers licensed for
travel on public roads, with a minimum combined single limit of One
Million Dollars ($1,000,000) each occurrence for bodily injury, including
death, and property damage.
1.2 The Parties further agree to notify each other whenever an accident or incident
occurs resulting in any injuries or damages that are included within the scope of
coverage of such insurance, whether or not such coverage is sought.
1.3 The Commercial General Liability Insurance, and Comprehensive Automobile
Insurance policies shall name Great River Energy, its parents, associated and
Affiliate companies and their respective directors, officers, agents, servants and
employees ("Other Party Group") as additional insured. All policies shall contain
provisions whereby the insurers waive all rights of subrogation in accordance
with the provisions of this Interconnection Agreement against the Other Party
Groups and provide thirty (30) Calendar Days' advance written notice to the
Other Party Groups prior to anniversary date of cancellation or any material
change in coverage or condition.
Within ten (10) days following execution of this Interconnection Agreement, and
as soon as practicable after the end of each fiscal year or at the renewal of the
insurance policy and in any event within ninety (90) days thereafter, the
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