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HomeMy WebLinkAbout2014-182Bfieo FPL.4 March 26, 2014 INDIAN RIVER COUNTY BOCC 1801 27th St VERO BEACH FL 32960 ATTN: Terry Southard t/I VP -014 -Q • ao(y-WAS Attention: 2014 rate termination opportunity As we've discussed, recent changes in Environmental Protection Agency (EPA) rules require owners of generators to comply with new, more stringent emission standards. Customers who rely on these generators to participate in Florida Power & Light Company's commercial load management programs must comply with the new rules. Compliance may require that a generator be retrofitted with additional emission controls or may require the purchase of a new generator. Participants in FPL's commercial load management programs receive significant financial benefits from these programs and we believe most participants will find that these savings allow for a relatively quick payback for the costs associated with any EPA -required equipment upgrades. Normally, these rates require long termination notices -- five years for Commercial Industrial Load Control (CILC) and Commercial Demand Reduction (CDR) and three years for Curtailable Service (CS) — for a customer to end participation. However, we recognize that the new EPA rules may make it cost -prohibitive for some customers to continue voluntary participation in these programs. We want to reasonably accommodate customer requests to exit the rate due to the impact of the EPA's new rules. Therefore, we are offering affected customers an opportunity to discontinue participation in these rates anytime in 2014 without incurring early termination charges. Please evaluate your decision very carefully. As stated, your financial savings from participating in these rates are significant. But, if you believe termination is necessary, please complete the enclosed form and return it to me no later than December 31, 2014. Please contact me if you have any questions. Thank you. Sincerely, Tom Kunz 1 FPL. Florida Power & Light Commercial / Industrial Load Control Commercial / Industrial Demand Reduction Curtailable Service 2014 EPA Change in Regulations Rate Termination Opportunity and Request Form Summary Recent federal regulations require owners of generators to comply with new emission standards adopted by the Environmental Protection Agency (EPA). The standards are known as (EPA) 40 CFR Part 63 Subpart 7777 and 40 CFR part 60, subparts 1111 and JJJJ. These new rules impact reciprocating internal combustion engines (RICE) of all sizes, including generators participating in utility -sponsored demand side management programs. It is the responsibility of generator owners to review EPA's RICE rules and ensure that their generators comply with these new rules. If you use a generator to participate in FPL's voluntary Commercial/Industrial Load Control (CILC), Commercial Demand Reduction (CDR) or Curtailable Service (CS) rates, you may be affected by these new rules. We encourage customers to carefully evaluate their specific circumstances with respect to the new EPA regulations. Many customers are likely to find that continuing participation in the CILC/CDR/CS rate will be cost-effective taking into account the significant annual savings that these rates offer along with the costs of complying with the new EPA regulations. But, for some customers, the costs of complying with the new rules may not make continued participation cost-effective. The rates typically require termination notice of five years for CILC or CDR and three years for CS. In Tight of the significant compliance challenges the new rules may present to some customers, FPL is providing customers an opportunity to exit the rate due to the impact of the new EPA rules. 1 Customers who wish to exit the CILC/CDR/CS rates due to EPA rule compliance issues may do so in 2014 without incurring early termination charges. If you determine that termination is necessary, please submit this completed form to your FPL account manager no later than December 31St, 2014. - If you do not elect the termination option, then: 1. Your service will continue on the currently applicable rate 2. Your generator must comply with all local, state and federal regulations; and 3. All other rights and obligations under FPL's CILC/CDR/CS rates, as specified in the applicable agreement, remain in effect Termination Request The termination option allows you to discontinue participation in FPL's CILC/CDR/CS rate upon receipt of the request by FPL. If the termination option below is chosen, your FPL account will be returned to the applicable Firm rate and you will no longer be subject to participating in FPL load control events. fg. 1 choose to Terminate the FPL account(s) listed below from the CILC/CDR/CS rate and be placed on an applicable Firm service rate effective with the next billing period following the date of this request. Deadline for submitting this request is December 3e 2014. Signature._ Wesley S. Davis, Chairman Date •' co On Behalf Of Indian River County $. Board of County Commissioners .ai.?`'` 'cp *` i9 7i /r, - FPL Account(s) Number 2 6`2_811-9353 RECEIVED Jut. 151993 (sem". COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEME This Agreement is made this a/ day of✓u ddir , 143'by and between ILVIAU 81) (hereinafter called the 'Customer), located at 1V+C-5 -5 Z5 ST c-49 /Y1 in ae-17 aoeidi, Florida, and FLORIDA POWER & LIGHT COMPANY, a corporation organized under the laws of the State of Florida (hereinafter called the 'Company'). Ha . WITNESSETH a ',lire• fro. •1lr' For and in considerationof the mutual covenants and agreements expressedherein, the Company and the Customer agree as follows: • 1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commer3al/Industrial Load Control Program Schedule CILC-1(hereinaffter wiled 'Schedule CILC-i') as currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter called the 'Commission'). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule CILC-I, both parties Intend to refer to Schedule CILC-1 as it may be modified from time to time. A copy of the Company's presently approvedSchedule CILC-1 is attached beretp as Exhibit A and hereby made an integral part of this Agreement • ' 2 To establish the initial qualification for service under Schedule CELC-1, the Customer must have had a maximum demand during the previous twelve months of 200 kw greater than the "Finn Demand" level specifiedin paragraph 7 below. 3. Service under Schedule CIL0.1 will be subject to determinations made under Commission Rule 25-6.0438, F.A.C., Non - Firm Service Terms and Conditions, or any other Commission determination. The Company and the Customer agree that Schedule CILC-1 may be modified or withdrawn subject to determinations made under Comm+ fon Rule 25-6.0438, F.A.C., Non -Firm Electric Service - Terms and Conditions, or any other Commission determination. 4. Prior to the Custocier's receipt of service under Schedule CILC-1 the Customer must provide the Company access to inspect any andiall:of the Customer's load control equipment, and must also have received approval from the Company thatsaid equipinent is satisfactory to effect control of the Customer's Toad. The Customer shall be responsible for meeting any applicable electrical code standards and legal requirements pertaining to the installation, maintenance and repair of the equipment. The Customer shall be responsible for maintaining the Customer's load control equipment and shall provide the Company access at any reasonable time to inspect the condition of the equipment for purposes of determining whether the load control equipmentis satisfactory to effect control' of the Customer's controllable load. It is expressly understood that theinitial approval and later inspections by the Company are. not for the purpose of, and are not to be relied upon by the Customer for, determining whether the Toad control equipment has been adequately maintained or in compliance with any applicable electrical code standards or legal requirements. ' • • 5. The Customer agrees to perform the necessary changes by (date) G.iA7 �as.lxcr ?, to allow control of a portion of the Customer's load. Schedule CiLC4 cannot apply earlier than this date unless agreed to by the Company. Should the Customer fail to complete the above work by the above-specified date, or should the Customer fail to begin taking service under Schedule CJLC-1 during that year, this Agreement shall become null and void unless otijeiwisc agreed by the Company. In order to receive service under Schedule CLC -1, it shall be necessary for the Customer to execute a new Agreement, which will again make the availability of service subject to the 'Limitation of Availability' In Schedule CII.0-1. 6. Upon campletion of the installation of the load control equipment, a test of this equipment will be don'aucted at a time and date mutually agreeable to the Company and the Customer. The test will consist of a period of toad control of not less than one hour. Effective upon the completion of the testing of the load control equipment, the Customer will agree to a'Firrn Demand'. Service under Schedule CILC-1 cannot commence prior to the installation of load control eilulpment aqd the successful completion of the test. 7. The Customer agrees to a'Fum Demand' level of 0 kw during the periods when the Company is controlling the Customer's service. This 'Firm Demand" level shall not be exceeded during periods when the Companyis controlling toad. Upon mutual agreement of the Company and the Customer, the Customer's Firm Demand may subseggently be raised or lowered, as long as the Mange in the 'Firm Demand' level is not a result of a transfer of load from the contiollable portion of the Customer's load. The Customer shall notify the Company upon adding firm load. • • 8. In order to minimize the frequency and duration of interruptions under the CILC Program, the Company will attempt to obtain reasonably available additional capacity and/or energy under the Continuity of Service Provision in Schedule CILC-1. The Company's obligation in this 'regard is no different than its obligation in general to purchase power to serve its Customers during a capacity shortage; in other words, the Company Isnot obligated to account for or otherwise reflect in its generation and transmission planning and construction the possibility of providing capacity and/or energy under the Continuity of Service Provision. Customers:receiving service under Schedule CILC-1 may elect to.eontinue taking service. under the Continuity of Service Provision and it will be provided only if such capacity and/or energy -can ba obtained,by the Company and can be transmitted and distributed to non-firm Customers without any impairment of the Company's system or service to other firm Customers. The Customer sma/ does not elect to continue taking service under the Continuity of•Service Provision. The Customer may countermand the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Schedule CILC-1. The Company's obligations under this paragraph are subject to the terms and conditions specifically set forth in Schedule CILC-i. 9. The Customer agrees to be responsible for the determination that all electrical equipment to be controlled kin good repair and working condition. 'Tile Company shall not be responsible for the repair, maintenance or replacement of the Customer's equipment. 10. If the Customer no longer wishes to receive any type of electric service from the Company, the Customer may terminate this Agreement by giving thirty (30) days' advance written .notice to the Company. 11. The Company may terminate this Agreement at any time if the Customer fails to comply with the terms and conditions of Schedule MC -1 or this Agreement. Prior to any such termination, the Company shall notify the Customer at least ninety (90) days in advance and describe the Customer's failure to comply. The Company may then terminate this Agreement at the end of the 90 -day notice period unless the Customer takes measures necessary to eliminate, to the Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, if, at any time during the 90 -day period, the Customer either refuses or fabs to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the monthly billing under the Schedule CILC-1, biU the Customer under the otherwise applicable firm service rate schedule and apply the rebilliog and penalty provisions enumerated under TERM OF SERVICE in Schedule CILC-1. 12. The Customer agrees that the Company will not. be liable for any damages or injuries that may occur as a result of control of electric service pursuant to the terns of Schedule MC -1 by remote control or otherwise. 13. This Agreement supersedes all previous agreements and representations, either written or oral, heretofore made between the Company and the Customer with respect to matters herein contained. Any modification(s) of this Agreement must be approved, in writing, by the Company and approved by the Commission. 14. This Agreement may not be assigned by the Customer without the prior written consent of the Company. 15. This Agreement is subject to the Company's 'General Rules and Regulations for Electric Service' and the Rules of the Commission. • IN WITNESS WHEREOF, the Customer .and the Company have caused this Agreement to be duly executed as of the day and year first above written. Witnesses. CUSTOMER Company. IND=N_ RIVER Si ed: Name: Terrance G. Pinto TalcDirector of Utility Services FLORIDA POWEit & LIGIfr OMPANY Signed: l'•'1-- / —__-- Name: i` - H duce r Trge: Ct 132 a Aid)" cikir2,y— 8 24 /Mr •: y 02. COMMERCIAL/INDUSTRIAL LOAD CONTROL PROGRAM AGREEMENT NOV 1 6 1995 [Acz This Agreement is made this ' /2 day of � 19 y4 by and between Tnrlian Rivpr•Citmty Utilities Dept. (hereinafter called the 'Customer'),located atSout:ft Cotrnt)•+WN s ' .. v/0 600 highland Drive in Vero Beach , Florida, and FLORIDA POWER & LIGAT COMPANY, a corporation organized under the laws -of •the State of Florida (hereinafter called the 'Company'). WITNESSEIIL For and in consideration of the mutual covenants and agreements expressed herein, the Company and the Customer agree as follows: 1. The Company agrees to furnish and the Customer agrees to take electric service subject to the terms and conditions of the Company's Commercial/Industrial Load Control program Schedule CII;C-1 (hereinafter called 'Schedule CILC-1') as currently approved or as may be modified from time to time by the Florida Public Service Commission (hereinafter called the'Commission'). The Customer understands and agrees that, whenever reference is made in this Agreement to Schedule CMC -1, both parties intend to refer to Scheduie CILC 1 as it may bemodified from time to time. A copy of the Company's. presently approved Schedule C IL C -I is attached hereto as Exhibit A and hereby made an integral partof this Agreement. 2. To establish the initial girallfication for service under Schedule CILC-1, the Customer•must have had a maximum demand during the previous twelve months of 200.kw greater than the 'Firm Demand' level specified in paragraph 7 below 3. Service under Schedule CILC-i will be subject to determinations made under Commission Rule 25-6.0438; F.AC., Non - Firm Service -Terms and Conditions, or any other Commission determination. The Company and the Customer agree that Schedule CLLC-1 may be modified or withdrawn subject to determinations made under Commission Rule 25-6,0438, F.A.C., Non-Fum Electric Service - Terms and Conditions, or any other, Commission determination. 4. Prior to the Customer's receipt of service under Schedule CILC-1 the Customer must provide the Company access to inspect any and all of the Customer's load control equipment, and must also have received approval from the Company that said equipment is satisfactory to effect control of the Customer's load. The Customer shall be responsible for meeting any applicable electrfraf code standards .and Legal requirements pertaining to the installation, maintenance and•repair-of the equipment The Customer shall be responsible for maintaining the Customer's toad control equipment and shall provide the Company access atany reasonable time to inspect the condition of the equipment.for purposes of determining whether the load -control equipment is satisfactory to effect control of the Customer's controllable load. it is expressly understood that the initial approval and later inspections by the Company are not for the purpose of, and are not to 'be relied .upon by the Customer for, determining whether the load control equipment has been adequately maintained or is in compliance with any applicable electrical code standards or legal requirements. 5. The Customer agrees to perform the necessary changes by (date) July 1997 • ,.to allow control of a portion of the Customer's toad Schedule CILC-1 cannot apply earlier than this date unless agreed to by the Company. Should the Customer fall to complete the above work by the above-specified date, or should the Customer fail to begin taking service under Schedufe CILC-1 during that year, this Agreement shall become null and void unless ott ciwise agreed by the Company. In order to, receive service under Schedule CLLC-1, it shall be necessary for the Customer to execute a new Agreement, which will again make the availability of service subject to the 'limitation of Availability' in Schedule CILC-1. 6. Upon completion of the installation of thetoad control equipment, a test of this.equipment will be doriducted at a time and date mutualty.agree.able to•the Company and the Customer. The test will, consist of a period of load control of not Tess than ane hour.. Etfective upon the compiettoo. of the.testing of the load control equipment, the Customer will agree to a'Frm Dement. Service under Schedule CILC-1 cannot commence prior to the installation of load control equipment and the successful 7mpletion of the test. 7. 'The Customer agree; toa'Firm Demand' revel of 0 kw during the periods when the Compariy i.;.controlling the Customer's service, This 'Firm Demand' level shall not be exceeded during periods when the Company Is controuiog load. Upon mutual agreemedt,of the Company and;the Customer, the Customer's Flrm Demand may subsequently be raised or lowered, as long as the,change In the 'Firm Demand' level is not a result of a transfer of load from the controllable portioa of thei Customer's Igad. The Customer shall notify the Company upon adding firm load. 8. In order to minimize the frequency and duration of interruptions under the CILC Program, the Campany',will attempt to obtain reasonnbly available additional capacity and/or energy under the Continuity ofService Provision in Schedule CILC-1. The Company's obligation In this regard is no different than its abIigation in general to purchase power to serve its Customers during a capacity shortage; in other words, the Company Is not obligated to account for or otherwise. reflect in its generation and transmission planning and construction the possibility of providing capacity and/arenergy under the Continuity of Service Provision. Customers receiving service under Schedule CILC-1 may elect to continue taking service under 'the' Continuity. of Service Provision audit wilt be provided only Watch rapacity and/or energy can be obtained by the Company and can be transmitted and distributed'to non-firm Cristo , ►. ., , out any impairment of the Company's system or service to other firm Customers. The Customer elects does not ele o continue taking service under the Continuity of Service Provision. The Customer may countermand the election specified above by providing written notice to the Company pursuant to the guidelines set forth in Schedule CILC-1. The Company's obligations under this paragraph are subject to the terms and conditions specifically set *forth In Sehedule CILC-1. 9. me Customer agrees to be responsible for the determination that all electrical equipment to be controlled is in good repair and working condition. The Company shall not be responsible for the repair, maintenance or replacement of the Customer's equipment. ilk If the Customer no longer wishes to receive any type of electric service from the Company, the Customer may terminate this Agreement by giving thirty (30) days' advance written notice to the Company. II. The Company may terminate this Agreement at any time if the Customer fails to comply with the terms and conditions of Schedule CLC --tor this .Agreement. Prior to anysuch termination, the Company shall notify the Customer at least ninety (90) days In advance and describe the Customer's failure to comply. The Company may thea terminate this Agreement at the end 'of the 90 -day notice period unless the Customer takes measures necessary to eliminate, to the Company's satisfaction, the compliance deficiencies described by the Company. Notwithstanding the foregoing, if, at' any time during the 90 -day period, the Customer either refuses or fails to initiate and pursue corrective action, the Company shall be entitled to suspend forthwith the monthly billing under the Schedule CILC-1, bill the Customer under the otherwise applicable firm service rate schedule and apply the =billing and penalty provisions enumerated under TERM OF SERVICE in Schedule CILC-1. 12. The Customer agrees that the Companywiil not be liable for any damages or Injuries that may occur as a result of control of electric service pursuant to the terms of Schedule CILC-1 by remote control or otherwise. 13. TMs Agreement supersedes all previous agreements and representations, either written or oral, heretofore made between the Company and the Customer with respect to :natters herein contained. Any modification(s) of this Agreement must be approved, in writing, by the Company and approved by the Commission. 14. This Agreement may not be assigned by the Customer without the prior written consent of the Company. 15. This Agreement is subject to the Company's `General Rules and Regulations for Electric Service* and the Rules of the Commission. IN WITNESS WHEREOF, the Customer and the Company have caused this Agreement to be duly executed as of the day and year first above written. Witoesses CUSTOMER Company: t IAN ' ,;,dy,4.UNTY Signed: Na. Kenneth R. Macht /0-.21-1s" Chairman Title: Board of County Commissioners FLORIDA POWER & LIGHT COMP Signed: Name: "Wig. 41. er,e6wGS/ Title: LSmg-eme'� 4-€ /r -z