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HomeMy WebLinkAbout15 Attachment 2 - WAPA Base Resource Contract Contract 20-SNR-02339 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA REGION CONTRACT FOR ELECTRIC SERVICE BASE RESOURCE WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT ATTACHMENT NO. 2 Contract 20-SNR-02339 i UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA REGION CONTRACT FOR ELECTRIC SERVICE BASE RESOURCE WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT Section Table of Contents Page 1. Preamble .............................................................................................................. 1 2. Explanatory Recitals ............................................................................................. 1 3. Agreement ............................................................................................................ 3 4. Effective Date and Term of Contract .................................................................... 3 5. Definition of Terms ............................................................................................... 3 6. Base Resource Estimates and Availability Forecast ............................................. 9 7. Electric Service Furnished by WAPA .................................................................... 9 8. Delivery Arrangements ....................................................................................... 11 9. Scheduling Procedures, Business Practices and Protocols ............................... 11 10. Exchange Program ............................................................................................. 13 11. Independent System Operator or Regional Transmission Organization ............. 14 12. WAPA Rates....................................................................................................... 15 13. Integrated Resource Plan ................................................................................... 16 14. Adjustment of Base Resource Percentage ......................................................... 16 15. Metering and Power Measurement Responsibilities ........................................... 17 16. Changes in Organizational Status ...................................................................... 19 17. Protocols, Business Practices and Procedures .................................................. 20 18. Enforceability ...................................................................................................... 21 19. General Power Contract Provisions .................................................................... 21 20. Exhibits Made Part of Contract ........................................................................... 21 21. Execution by Counterparts ................................................................................. 22 22. Electronic Signatures .......................................................................................... 22 Signature Clause Resolution/Certificate General Power Contract Provisions Exhibit A – Base Resource Percentage and Point(s) of Delivery Exhibit B – Exchange Program Exhibit C – Regulation and Reserves Exhibit D – Rate Schedule Contract 20-SNR-02339 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Contract 20-SNR-02339 UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION SIERRA NEVADA REGION CONTRACT FOR ELECTRIC SERVICE BASE RESOURCE WITH TRUCKEE DONNER PUBLIC UTILITY DISTRICT 1. PREAMBLE: This Contract is made this ______ day of ___________________, 202___, pursuant to the Acts of Congress approved June 17, 1902, (32 Stat. 388); August 26, 1937, (50 Stat. 844); August 4, 1939, (53 Stat. 1187); and August 4, 1977, (91 Stat. 565); and Acts amendatory or supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA (United States), acting by and through the Administrator, Western Area Power Administration, Department of Energy, hereinafter called WAPA, represented by the officer executing this Contract, or a duly appointed successor, hereinafter called the Contracting Officer; and TRUCKEE DONNER PUBLIC UTILITY DISTRICT, a public utility district, organized and existing under the laws of the State of California, hereinafter called the Contractor or TDPUD, its successors and assigns; each sometimes hereinafter individually called the Party, and both sometimes hereinafter collectively called the Parties. 2. EXPLANATORY RECITALS: 2.1 WAPA markets the surplus generation from, and operates a high-voltage transmission system as a part of, the Central Valley Project (CVP). /// Contract 20-SNR-02339 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.2 WAPA and the U.S. Department of the Interior, Bureau of Reclamation (Reclamation), have agreed to work together to efficiently serve Project Use and Preference Customer loads. 2.3 On August 15, 2017, WAPA’s final 2025 Power Marketing Plan (Marketing Plan) was published in the Federal Register (82 FR 38675). The Marketing Plan sets forth how WAPA’s Sierra Nevada Region will market the power generated from the CVP and Washoe Project. 2.4 The Marketing Plan provides that starting on January 1, 2025, WAPA will provide 98 percent of available CVP power to its existing Customers. Existing Customers will have the right to extend 98 percent of their current Base Resource percentage as provided in the Marketing Plan and under the terms and conditions of this Contract. 2.5 On June 17, 2019, WAPA’s Notice of Final 2025 Resource Pool Allocations was published in the Federal Register (84 FR 28039), and TDPUD received an allocation. 2.6 TDPUD desires to purchase and WAPA is willing to provide a percentage of the Base Resource consistent with the Marketing Plan and the terms and conditions of this Contract. 2.7 Under the Marketing Plan, WAPA requires that its Customers schedule power in accordance with applicable operating requirements, including those of the balancing authority area operator and WAPA’s sub-balancing authority area requirements. /// Contract 20-SNR-02339 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.8 WAPA markets power to Federal Preference Customers at the lowest possible rates consistent with sound business principles pursuant to Section 1.1 of Delegation Order 00-037.00B. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. EFFECTIVE DATE AND TERM OF CONTRACT: 4.1 This Contract shall become effective on the date of execution and shall remain in effect until midnight of December 31, 2054, subject to prior termination as otherwise provided for herein. 4.2 TDPUD may reduce its Base Resource percentage or terminate this Contract for any reason through June 30, 2024. 4.3 The date of initial service under this Contract is January 1, 2025. 5. DEFINITION OF TERMS: As used herein, the following terms whether singular or plural, or used with or without initial capitalization, shall have the following meanings: 5.1 “Ancillary Services” means those services that are necessary to support the transmission of capacity and energy from resources to loads while maintaining reliable operation of the transmission system in accordance with Good Utility Practice. 5.2 “BANC” means the Balancing Authority of Northern California or its successor. /// Contract 20-SNR-02339 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.3 “Base Resource” means CVP and Washoe Project power (capacity and energy) output determined by WAPA to be available for Customers, including the Environmental Attributes, only after meeting the requirements of Project Use and First Preference Customers, and any adjustments for maintenance, reserves, system losses, and certain ancillary services. 5.4 “Base Resource Operating Capability” means that portion of the Maximum Operating Capability that WAPA determines to be available to Customers in any hour. 5.5 “CAISO” means the California Independent System Operator or its successor. 5.6 “Capacity” means the electrical capability of a generator, transformer, transmission circuit or other equipment. 5.7 “Central Valley Project (CVP)” means the multipurpose Federal water development project extending from the Cascade Range in northern California to the plains along the Kern River, south of the City of Bakersfield. 5.8 “Custom Product” means a combination of products and services which may be made available by WAPA per Customer request. 5.9 “Customer” means an entity with a contract and receiving electric service from WAPA’s Sierra Nevada Region. /// /// /// Contract 20-SNR-02339 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.10 “Energy” means capacity measured in terms of the work it is capable of doing over a period of time; electric energy is usually measured in kilowatthours or megawatthours. 5.11 “Environmental Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the Base Resource, and its avoided emission of pollutants. 5.12 “FERC” means the Federal Energy Regulatory Commission or its successor. 5.13 “First Preference Customer” means a Preference Customer within a county of origin (Trinity, Calaveras, and Tuolumne) as specified under the Trinity River Division Act (69 Stat. 719) and the New Melones Project provisions of the Flood Control Act of 1962 (76 Stat. 1173, 1191-1192). 5.14 “Full Load Service Customer” means a Customer that will have its entire load at its delivery point(s) met by WAPA, and its Portfolio Manager functions for those delivery point(s) performed by WAPA. 5.15 “Marketing Plan” means WAPA’s final 2025 Power Marketing Plan for the Sierra Nevada Region. 5.16 “Maximum Operating Capability” means the maximum electrical capability from CVP generation available to produce energy, capacity and/or provide ancillary services in any one or more hours. /// /// Contract 20-SNR-02339 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.17 “Minimum Base Resource” means the amount of Base Resource energy generated each hour as a result of CVP minimum water releases. 5.18 “NERC” means the North American Electric Reliability Corporation or its successor. 5.19 “Operating Reserves” means the combination of spinning and non- spinning reserves required to meet WECC, NERC, and operating requirements, including those of the balancing authority area or WAPA’s sub-balancing authority area. 5.20 “Portfolio Manager” means an entity responsible for determining balanced hourly load and resource schedules for a Customer. 5.21 “Power” means capacity and energy. 5.22 “Preference” means the requirements of Reclamation Law that provide for preference in the sale of Federal power be given to certain entities, such as governments (state, Federal and Native American), municipalities and other public corporations or agencies, and cooperatives and other nonprofit organizations financed in whole or in part by loans made pursuant to the Rural Electrification Act of 1936 (See, e.g., Reclamation Project Act of 1939, Section 9(c), 43 USC 485h(c)). 5.23 “Primary Marketing Area” means the area generally encompassing northern and central California, extending from the Cascade Range to the Tehachapi Mountains and west-central Nevada. /// Contract 20-SNR-02339 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5.24 “Project Use” means power as defined by Reclamation Law and/or used to operate CVP and Washoe Project facilities. 5.25 “Rate” means the monetary charge or the formula for computing such a charge for any electric service provided by WAPA, including but not limited to charges for capacity (or demand), energy, or transmission service; however, it does not include leasing fees, service facility charges, or other types of facility use charges. A Rate will be set forth in a Rate Schedule or in a contract. 5.26 “Rate Adjustment” means a change in an existing Rate or Rates, or the establishment of a Rate or Rates for a new service. It does not include a change in Rate Schedule provisions or in contract terms, other than changes in the price per unit of service, nor does it include changes in the monetary charge pursuant to a formula stated in a Rate Schedule or a contract. 5.27 “Rate Adjustment Procedures” means those procedures for Rate Adjustments developed by WAPA, Department of Energy (DOE) or FERC which include DOE Order 00-037.00B, DOE Order RA 6120-2, 10 CFR 903, and 18 CFR 300, as may be amended. 5.28 “Rate Effective Date” means the first date of the billing period to which a Rate Schedule or Rate Schedule extension applies. WAPA will provide notice to the Customers of the Rate Effective Date. 5.29 “Rate Schedule” means a document identified such as a “Rate Schedule,” “Schedule of Rates,” or “Schedule Rate” which designates the Rate or Rates applicable to a class of service specified therein and may contain other terms and conditions relating to the service. On the effective date of this Contract, Contract 20-SNR-02339 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18 CFR 300.1(b)(6) provides FERC may not approve a WAPA Rate Schedule for a period that exceeds five (5) years. The Rate Schedule shall include the Rate Effective Date and the effective period of the Rate Schedule. 5.30 “Regional Transmission Organization (RTO)” means an organization that meets the minimum characteristics and performs the minimum functions specified in FERC Order 2000, as that order may be amended or superseded. 5.31 “Regulation” means the service provided by generating units equipped and operating with automatic generation control which will enable such units to respond to direct control signals in an upward or downward direction to match, on a real time basis, demand and resources, consistent with WECC, NERC, and the balancing authority area operator’s criteria. 5.32 “Scheduling Coordinator” means an entity that is responsible for providing hourly load and resource schedules to the balancing authority area operator or WAPA’s sub-balancing authority area, in accordance with a FERC-approved tariff or WAPA’s procedures and practices. 5.33 “Variable Resource Customer” means a Customer that is responsible for managing its own energy portfolio. 5.34 “Washoe Project” means the Federal water project located in the Lahontan Basin in west-central Nevada and east-central California. 5.35 “WECC” means the Western Electricity Coordinating Council or its successor. /// Contract 20-SNR-02339 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6. BASE RESOURCE ESTIMATES AND AVAILABILITY FORECAST: 6.1 At the beginning of each water year, WAPA will post to WAPA’s external website a five-year forecast of Base Resource Operating Capability estimated to be available, based on high, average, and low hydrological conditions. The forecast will contain the following information: 6.1.1 Maximum Operating Capability of the CVP for each month; 6.1.2 Energy required for estimated Project Use loads, First Preference Customers’ loads, and ancillary service requirements. 6.2 Each month, WAPA will post to WAPA’s external website a monthly Base Resource forecast of Base Resource Operating Capability and energy estimated to be available for each month on a rolling twelve-month basis, based on high, average, and low hydrological conditions. The monthly forecast will contain the following information: 6.2.1 Maximum Operating Capability of the CVP for each month; 6.2.2 Energy required for estimated Project Use loads, First Preference Customers’ loads, and ancillary service requirements. 6.3 WAPA shall make reasonable efforts, within its control, to ensure the forecasted Base Resource will be available. 7. ELECTRIC SERVICE FURNISHED BY WAPA: 7.1 TDPUD will be entitled to receive a percentage of the Base Resource as set forth in Exhibit A. 7.2 The estimated amount of energy available to TDPUD shall be determined by multiplying its Base Resource percentage by the total amount of Base Resource energy available during that period. Contract 20-SNR-02339 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7.3 The minimum amount of energy TDPUD will be required to schedule for each hour shall be determined by multiplying its Base Resource percentage by the Minimum Base Resource, unless otherwise agreed to by WAPA. However, if TDPUD does not have sufficient load to take its percentage of the Minimum Base Resource, any excess energy shall be made available to WAPA for the Exchange Program as described later in this Contract under Section 10 and Exhibit B. 7.4 The maximum amount of energy TDPUD may schedule in any hour shall be determined by multiplying its Base Resource percentage by the Base Resource Operating Capability. However, TDPUD may schedule energy in excess of this maximum, if approved by WAPA, to accommodate purchases or exchanges from the Exchange Program. 7.5 TDPUD will be entitled to the benefit of available regulation and operating reserves from the CVP in proportion to its Base Resource percentage. The method for calculating regulation and operating reserves is set forth in Exhibit C. 7.6 WAPA’s obligation to provide TDPUD’s Base Resource is limited to the actual CVP generation available on a real-time basis. WAPA shall have no obligation to replace any Base Resource that is unavailable; for instance, Base Resource that is unavailable due to scheduled maintenance, system emergencies, forced outages, or other constraints. Any costs incurred by either Party as a result of deviations between actual and scheduled Base Resource energy shall be the responsibility of TDPUD. WAPA will notify TDPUD as soon as reasonably practicable of any situation that will impact the availability of the Base Resource, and will modify schedules accordingly, on a pro-rata basis. /// Contract 20-SNR-02339 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7.7 Due to the variable nature of the Base Resource, WAPA may provide a Custom Product upon a Customer’s request. Any Custom Product will be the subject of a separate contractual arrangement. 8. DELIVERY ARRANGEMENTS: 8.1 WAPA will make TDPUD’s Base Resource available at the generator bus or such other delivery point(s) on the CVP transmission system as the Parties will mutually agree, as specified in Exhibit A. WAPA reserves Network Integration Transmission Service for the delivery of Base Resource on the CVP transmission system under its Open Access Transmission Tariff (OATT). The rates and terms of this service shall be in accordance with WAPA’s then-current rate schedule and OATT. 8.2 If requested by WAPA, TDPUD must provide written notification to WAPA by July 1, 2024, demonstrating that it has arranged for delivery of its Base Resource energy to its load. Such notification shall include both transmission and distribution level arrangements, as applicable. WAPA shall have no obligation to make Base Resource available to TDPUD if delivery arrangements are not in effect. However, TDPUD shall not be relieved of its obligation to pay its percentage share of the Base Resource during the time in which delivery arrangements are not in effect. 9. SCHEDULING PROCEDURES, BUSINESS PRACTICES AND PROTOCOLS: 9.1 All energy furnished by WAPA to TDPUD will be provided on a scheduled basis. TDPUD agrees to abide by the scheduling procedures, business practices and protocols of the applicable balancing authority area or WAPA’s sub- balancing authority area, as set forth on WAPA’s website. The Parties recognize that the scheduling procedures, business practices and protocols may require Contract 20-SNR-02339 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 modification from time-to-time to reflect updated operating procedures that may become applicable to the Parties. In such event, WAPA will make such changes in accordance with Section 17 of this Contract. 9.2 Designation of Scheduling Coordinator (SC): If TDPUD is required to have a Scheduling Coordinator; TDPUD shall notify WAPA of its designated Scheduling Coordinator not less than ninety (90) days prior to the date of initial service under this Contract. In the event that TDPUD’s Scheduling Coordinator arrangement changes, TDPUD shall notify WAPA in writing, not less than thirty (30) days prior to the change, unless a shorter notification period is agreed to by WAPA. 9.3 If WAPA is TDPUD’s Portfolio Manager, as set forth in a separate Custom Product Contract, all scheduling activities and responsibilities will be performed by WAPA on behalf of TDPUD. At such time as WAPA is no longer TDPUD’s Portfolio Manager, then TDPUD will be responsible for performance of its duties under this Section 9. 9.4 WAPA will provide Customers with the opportunity to comment on WAPA’s maintenance and operations plans. WAPA will facilitate Customer meetings with the Bureau of Reclamation regarding cost and operation planning. 9.5 In the event that TDPUD does not abide by the protocols, business practices and procedures and WAPA incurs costs as a result, TDPUD is responsible for and shall pay such costs. /// /// /// Contract 20-SNR-02339 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. EXCHANGE PROGRAM: 10.1 WAPA will establish and manage an Exchange Program to allow all Customers to fully and efficiently use their Base Resource percentage. The Exchange Program is a mechanism to: 10.1.1 Make available to WAPA, for provision to other Customers, any Base Resource energy a Customer cannot use on a pre-scheduled basis due to insufficient load; and 10.1.2 Help mitigate the costs incurred by a Customer for the power it is obligated to pay for, but may not be able to use. 10.2 Under the Exchange Program, all Base Resource energy in excess of TDPUD’s load will be retained by WAPA and offered by WAPA for sale to other Customers. TDPUD may purchase energy from the Exchange Program. While WAPA’s retention of excess Base Resource is mandatory, purchasing from the Exchange Program is voluntary. 10.3 The Exchange Program procedures are set forth in Exhibit B. WAPA may change the program and procedures of the Exchange Program in accordance with Section 17 of this Contract. 10.4 WAPA will also offer a seasonal Exchange Program. Under the seasonal Exchange Program, TDPUD may elect to make available to WAPA that portion of its Base Resource percentage that it is unable to use due to insufficient load. TDPUD, through WAPA, will be able to exchange its unusable Base Resource percentage with other Customers. Any Customer may submit a request to WAPA to exchange or purchase energy through the seasonal Exchange Program. Details of a seasonal exchange will be developed with the Customer upon request by that Customer. Contract 20-SNR-02339 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10.5 Exchanges of the Base Resource between TDPUD and others outside of the WAPA-managed Exchange Programs, or other WAPA-managed programs, are prohibited. 11. INDEPENDENT SYSTEM OPERATOR OR REGIONAL TRANSMISSION ORGANIZATION: 11.1 WAPA is a sub-balancing authority area within BANC. WAPA operates in conformance with its sub-balancing authority area and BANC’s balancing authority area protocols, business practices and procedures. In the event of changes to any protocols, business practices and procedures, WAPA may make any changes necessary to this Contract to conform to the operating and scheduling protocols, business practices and procedures in accordance with Section 17 of this Contract. 11.2 The Parties understand that, in the future, WAPA may also change its operating configuration such as by: (1) joining an independent system operator or RTO or (2) participating in future markets such as energy imbalance markets; or (3) making system configurations to meet future operating requirements. In such an event, if WAPA is required to conform to the protocols, business practices or procedures, WAPA shall make changes to this Contract to conform to the terms and conditions required by such events in accordance with Section 17 of this Contract. 11.3 In the event that: 1) WAPA incurs costs from the balancing authority area, WAPA’s sub-balancing authority area, CAISO, an RTO, or a different balancing authority area for serving TDPUD’s load; or 2) TDPUD does not abide by the protocols business practices, or procedures of the balancing authority area, an RTO, or other balancing authority area operator that are applicable to WAPA and Contract 20-SNR-02339 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WAPA incurs costs as a result, TDPUD agrees to pay all such costs attributable to TDPUD. 12. WAPA RATES: 12.1 The Base Resource will be provided on a take-or-pay basis. TDPUD will be obligated to pay its Base Resource percentage share in accordance with the Rate Schedule attached hereto, whether or not it takes or uses its full Base Resource percentage. 12.2 TDPUD shall pay for the electric service furnished hereunder in accordance with the Rates, charges, and conditions set forth in the CVP Schedule of Rates applicable to the Base Resource, effective January 1, 2025, or any superseding Rate Schedule. 12.3 Rates applicable under this Contract shall be subject to change by WAPA in accordance with appropriate Rate Adjustment Procedures. If, at any time, WAPA announces that it has received approval of a Rate Schedule, or extension of an existing Rate Schedule applicable to this Contract, or if a Rate Adjustment Procedure is amended, WAPA will promptly notify TDPUD thereof. 12.4 TDPUD, by providing written notice to WAPA within ninety (90) days after the Rate Effective Date of a Rate Schedule or Rate Schedule extension applicable to this Contract, may elect to reduce its Base Resource percentage or terminate this Contract. TDPUD shall designate a Base Resource percentage reduction or termination effective date that will be effective on the last day of the billing month not later than two (2) years after the Rate Effective Date. If the termination effective date is after the Rate Effective Date, the new or extended Rates shall apply for service taken by TDPUD until the termination effective date. Contract 20-SNR-02339 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Once TDPUD provides notice to terminate or reduce its Base Resource percentage, WAPA will begin the process to reallocate the Base Resource to other Preference Customers. TDPUD may not revoke its notice to terminate or reduce its Base Resource unless WAPA provides written consent. 12.5 Rates shall become effective under this Contract on the Rate Effective Date stated in a Rate notice. 13. INTEGRATED RESOURCE PLAN: 13.1 In accordance with the Energy Policy Act of 1992, TDPUD is required to meet the requirements of WAPA’s Energy Planning and Management Program (EPAMP). To fulfill the requirements of EPAMP, TDPUD must develop and submit an integrated resource plan or alternative report, as applicable. Specific EPAMP requirements are set forth in the Federal Register at (64 FR 62604) and may be found on WAPA’s website. Failure to comply with WAPA’s EPAMP requirements may result in penalties as specified therein. TDPUD understands that WAPA may re-evaluate its EPAMP requirements and change them from time-to-time as appropriate. Such changes will be subject to a public process and publication in the Federal Register. 13.2 Should the EPAMP requirements be eliminated, TDPUD shall have no responsibilities under Section 13.1. 14. ADJUSTMENT OF BASE RESOURCE PERCENTAGE: 14.1 Prior to the date of initial service, WAPA may adjust TDPUD’s Base Resource percentage, as set forth in Exhibit A herein, if WAPA determines that TDPUD’s Base Resource percentage is greater than its actual usage, as specified in the Marketing Plan. Contract 20-SNR-02339 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14.2 After the date of initial service, WAPA may adjust TDPUD’s Base Resource percentage under any of the following conditions: 14.2.1 TDPUD sells energy associated with its Base Resource percentage to another entity for resale by that entity; 14.2.2 TDPUD uses the energy associated with its Base Resource percentage to serve loads outside of the Sierra Nevada Region’s Primary Marketing Area; 14.2.3 TDPUD’s annual energy associated with its Base Resource percentage, is ten percent or more than its actual annual energy usage. 14.3 If WAPA determines that TDPUD has met any of the conditions in Section 14.2 above, WAPA will take the following steps: 14.3.1 Notify TDPUD of the nature of the concern; 14.3.2 Analyze TDPUD’s usage of the energy associated with its Base Resource percentage and determine if an adjustment is necessary on a case-by-case basis, with due consideration of any circumstance that may have temporarily altered TDPUD’s energy usage; 14.3.3 If an adjustment is determined to be necessary, provide a 90-day written notice of such adjustment; and 14.3.4 Reduce or rescind TDPUD’s Base Resource percentage permanently on the effective date specified in the notice. 15. METERING AND POWER MEASUREMENT RESPONSIBILITIES: TDPUD shall be responsible for electric power metering equipment requirements and power measurement data associated with the use of WAPA power under this Contract as follows: 15.1 Unless previously installed and furnished by WAPA, TDPUD shall furnish, install, operate, maintain, and replace, meters and associated metering Contract 20-SNR-02339 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 equipment required for deliveries of WAPA power scheduled to each delivery point on the WAPA grid, the CAISO-controlled grid, a utility distribution company grid, or other electrical system, as may be applicable. Such meters shall comply with the all applicable meter requirements. For instance, meters on: 15.1.1 WAPA’s system must meet WAPA’s meter requirements; 15.1.2 CAISO’s system must meet CAISO’s meter requirements; and/or 15.1.3 Pacific Gas and Electric Company’s (PG&E) system must meet PG&E’s meter requirements. 15.2 TDPUD shall measure power deliveries and provide certified settlement- quality metering data to WAPA as requested. It is generally contemplated that WAPA will require this data on a monthly basis. 15.3 If WAPA previously installed and furnished a meter to TDPUD, WAPA shall be allowed unrestricted, unescorted access to its revenue meter equipment. TDPUD shall provide a minimum of three (3) keys or the combination to TDPUD’s existing locks. Alternatively, WAPA may provide a WAPA-owned padlock(s). Access shall include all gates and/or doors required to access the metering equipment. 15.4 Upon request by TDPUD, to evidence receipt of the Environmental Attributes, WAPA shall timely provide meter data or other mutually agreed upon data to TDPUD measuring the amount of CVP energy that is generated and delivered to TDPUD. Upon mutual agreement of Customers, WAPA and Reclamation, such meters shall be modified or replaced to meet appropriate standards or requirements to convey CVP Environmental Attributes to Customers. /// Contract 20-SNR-02339 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. CHANGES IN ORGANIZATIONAL STATUS: 16.1 If TDPUD changes its organizational status or otherwise changes its obligation to supply electric power to Preference loads, WAPA reserves the right to adjust WAPA’s power sales obligations under this Contract or to terminate this Contract, as WAPA deems appropriate. Changes in organizational status include but are not limited to: 16.1.1 Merging with another entity; 16.1.2 Acquiring or being acquired by another entity; 16.1.3 Creating a new entity from an existing one; 16.1.4 Joining or withdrawing from a member-based power supply organization; or 16.1.5 Adding or losing members from its membership organization. 16.2 For the purposes of this Section 16, a member is any Preference entity that is included in a membership, which has the responsibility of supplying power to the end-use consumer or Customer. Memberships include but are not limited to: 16.2.1 Municipality; 16.2.2 Cooperative; 16.2.3 Joint powers authority; or 16.2.4 Governmental agency. 16.3 For purposes of this Section 16, participation in a State promulgated direct access program shall not be deemed to be a change in a Customer’s organizational status or its obligation to supply electric power to Preference loads. /// /// Contract 20-SNR-02339 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16.4 Prior to making an organizational change, TDPUD may request an opinion from WAPA as to whether TDPUD’s proposed organizational change will result in an adjustment of TDPUD’s Base Resource percentage or termination under this Section 16. TDPUD shall provide WAPA with all relevant documents and information regarding the proposed organizational change. Based on the documents and information furnished, WAPA will provide TDPUD with an opinion. 16.5 In addition to the above, if the change in organizational status results in a proposed transfer of the Contract, or any portion thereof, Section 37 of the General Power Contract Provisions (GPCP), “Transfer of Interest in Contract,” generally requires the Customer to obtain prior written approval from WAPA’s Administrator. Organizational changes that typically propose transfer of the Contract, or a portion of the Contract, and require prior written approval from WAPA include but are not limited to: 16.5.1 Merging with another entity; 16.5.2 Acquiring or being acquired by another entity; 16.5.3 Joining an entity; and 16.5.4 Creating a new entity. 17. PROTOCOLS, BUSINESS PRACTICES AND PROCEDURES: WAPA reserves the right to make changes to protocols, business practices and procedures, as needed. Prior to making any changes, WAPA will provide notice to TDPUD and provide TDPUD with an opportunity to comment on such changes. WAPA will consider any comments made by TDPUD before making any changes, and shall provide a written response to the comments. After a final decision is made by WAPA, if TDPUD is not satisfied with the decision, TDPUD shall have thirty (30) days from the date of WAPA’s final decision to appeal the change to WAPA’s Administrator. WAPA Contract 20-SNR-02339 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 will not implement a change that has been appealed until a final decision by the Administrator. Notwithstanding the provisions within this Section 17, TDPUD shall retain its right to pursue other legal remedies available to it. 18. ENFORCEABILITY: It is not the intent of the Parties that this Contract confer any rights on third parties to enforce the provisions of this Contract except as required by law or express provision in this Contract. Except as provided in this Section, this Contract may be enforced, or caused to be enforced, only by WAPA or TDPUD, or their successors or assigns. 19. GENERAL POWER CONTRACT PROVISIONS: The GPCP, effective September 1, 2007, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein; Except Section 11 shall not be applicable to this Contract. In the event of a conflict between the GPCP and the provisions in the body of this Contract, the Contract shall control. The usage of the term “Contractor” in the GPCP shall mean TDPUD. The usage of the term “firm” in Articles 17 and 18 of the GPCP shall be deemed to be replaced with the words “Base Resource.” 20. EXHIBITS MADE PART OF CONTRACT: Exhibit A (Base Resource Percentage and Point(s) of Delivery), Exhibit B (Exchange Program), Exhibit C (Regulation and Reserves), and Exhibit D (Rate Schedule) existing under this Contract may vary during the term hereof. Each of said exhibits shall become a part of this Contract during the term fixed by its provisions. Exhibits A, B, C, and D are attached hereto, and each shall be in force and effect in accordance with its terms until respectively superseded by a subsequent exhibit. /// /// Contract 20-SNR-02339 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21. EXECUTION BY COUNTERPARTS: This Contract may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Contract may be detached by any counterpart of the Contract without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Contract identical in form hereto, by having attached to it one or more signature pages. 22. ELECTRONIC SIGNATURES: The Parties agree that this Contract may be executed by handwritten signature or digitally signed using Adobe Sign or Adobe E-Signature. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable. /// /// /// /// /// /// /// /// /// /// /// /// /// /// Contract 20-SNR-02339 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day and year first above written. WESTERN AREA POWER ADMINISTRATION By: Name: Arun K. Sethi Title: Vice President of Power Marketing for Sierra Nevada Region Address: 114 Parkshore Drive Folsom, CA 95630-4710 Attest: By: Name: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: Name: Christa Finn Title: President of the Board Address: 11570 Donner Pass Road Title: Truckee, CA 96161 Contract 20-SNR-02339 1 TRUCKEE DONNER PUBLIC UTILITY DISTRICT Resolution/Certificate Truckee Donner Public Utility District Exhibit A to Contract 20-SNR-02339 Exhibit A to Contract 20-SNR-02339 Page 1 of 1 EXHIBIT A (Base Resource Percentage and Point(s) of Delivery) 1. This Exhibit A, to be effective under and as part of Contract 20-SNR-02339 (Contract), shall become effective upon execution of the Contract; and shall remain in effect until either superseded by another Exhibit A or termination of the Contract. 2. Pursuant to the Marketing Plan, TDPUD’s extended Base Resource percentage is 0.27146. 3. Pursuant to the Final 2025 Resource Pool Allocations, TDPUD received 0.03716 percent of the Base Resource. 4. On the effective date of this Exhibit A, TDPUD’s percentage of the Base Resource is 0.30862. 5. TDPUD’s Base Resource percentage may be adjusted by WAPA as specified in the Contract. 6. TDPUD’s Base Resource percentage will be adjusted effective January 1, 2040, in accordance with the Marketing Plan, to establish the 2040 Resource Pool for new power allocations. 7. The point(s) of delivery on the CVP transmission system for Shelter Cove’s Base Resource shall be either WAPA’s Tracy 230-kV or Tracy 500-kV or Cottonwood 230-kV Substations, or as requested by TDPUD and approved by WAPA. 8. All power deliveries provided under this Contract shall be adjusted for the applicable transformation and transmission losses on the 230-kV system. Additional transformation and/or transmission losses shall be applied to deliveries at other than the 230-kV level. 9. This Exhibit A shall be replaced by WAPA as necessary under the terms and conditions set forth in the Contract, and a signature is not required by either Party. Truckee Donner Public Utility District Exhibit B to Contract 20-SNR-02339 Exhibit B to Contract 20-SNR-02339 Page 1 of 2 EXHIBIT B (Exchange Program) 1. This Exhibit B, to be effective under and as a part of Contract 20-SNR-02339, (Contract) shall become effective upon execution of the Contract; and, shall remain in effect until superseded by another Exhibit B or termination of the Contract. 2. TDPUD is in agreement with the procedures set forth herein. 3. If necessary, WAPA retains the right to make subsequent revisions to Exhibit B after consultation with its Customers. At such time as WAPA promulgates a revision of this Exhibit B, TDPUD shall have the option of either accepting the new revision to this Exhibit B or opting out of making purchases from the Exchange Program. If WAPA does not receive notice from TDPUD opting out of making purchases from the Exchange Program within 30 days of TDPUD’s receipt of a revised Exhibit B, TDPUD may automatically continue to make purchases from the Exchange Program if already participating. 4. Exchange Program: 4.1 WAPA has established separate Exchange Program for the Full Load Service Customer group and the Variable Resource Customer group. A Customer cannot be in both the Full Load Service Customer group and the Variable Resource Customer group at the same time. 4.2 The Exchange Program will take place on a pre-scheduled basis. 4.3 Base Resource power in excess of a Customer’s load in any hour will be distributed by WAPA in the applicable Exchange Program group (Full Load Service or Variable Resource). 4.4 A Customer may choose whether to make purchases from the Exchange Program for its group. Participation in making purchases from the Exchange Program requires a Customer to accept Exchange Program power if it has load in that hour. However, even if a Customer chooses not to participate in making purchases, if that Customer’s Base Resource amount exceeds its load in any hour, the excess will go into the Exchange Program for that Customer’s group for that hour, for use by participating Customers with load not met by Base Resource power in that hour. In other words, the retention of Base Resource in excess of a Customer’s load is mandatory, while participation in making purchases from the Exchange Program is voluntary. Truckee Donner Public Utility District Exhibit B to Contract 20-SNR-02339 Exhibit B to Contract 20-SNR-02339 Page 2 of 2 4.5 If a Customer chooses not to make purchases from the Exchange Program, a written notice to that effect must be submitted to WAPA by November 1, 2024. Thereafter, a Customer must submit a written notice to WAPA at least one (1) month prior to changing its participation status; Except if a Customer has elected to make purchases from the Exchange Program and subsequently changes its participation status, the Customer must wait a minimum of one (1) year to again participate in the Exchange Program. Participation status will change on the first day of the month following the required notice period or the minimum one (1) year waiting period. 4.6 A Customer must use its Base Resource power prior to using any other source to meet its load, unless agreed to by WAPA in writing. A Customer participating in the Exchange Program must use Exchange Program power prior to any other source to meet its load, unless agreed to by WAPA in writing. 4.7 Each participating Customer in each group will receive an equal share in megawatts of that group’s Exchange Program power available for that hour, up to the Customer’s unmet load in that hour. 4.8 Any Exchange Program power that is excess to a Customer’s unmet load will go back to the Exchange Program for the group to which the Customer belongs, for that same hour. This power will be reallocated to participating Customers in that group on an equal basis until either that group’s Exchange Program has no remaining power in that hour, or no participating Customers in that group have unmet load in that hour. 4.9 If there is power remaining in the Full Load Service Exchange Program or the Variable Resource Exchange Program in any hour, and none of the participating Customers in that group have unmet load in that hour, the remaining power will go to the other group’s Exchange Program for that same hour. 4.10 If, in any hour, no participating Customers have unmet load but there is power remaining in either group’s Exchange Program, that power may be offered for sale by WAPA unless the amount of power is de minimis. 4.11 Customers’ power bills will be adjusted to reflect transactions into and out of the Exchange Program. Truckee Donner Public Utility District Exhibit C to Contract 20-SNR-02339 Exhibit C to Contract 20-SNR-02339 Page 1 of 1 EXHIBIT C (Regulation and Reserves) 1. This Exhibit C to be effective under and as a part of Contract 20-SNR-02339 (Contract), shall become effective upon execution of the Contract; and, shall remain in effect until superseded by another Exhibit C or termination of the Contract. 2. Definitions of Terms: 2.1 Contingency Reserve: An additional amount of operating reserves sufficient to reduce Area Control Error (ACE) to zero in ten minutes following loss of generating capacity, which would result from the most severe single contingency. Contingency Reserves will consist of Spinning and Nonspinning Reserves. 2.2 Frequency Response Reserves: Spinning Reserves which provide the required Frequency Response needed for the reliable operation of an interconnection. The energy is provided by the generator’s governor’s response to a frequency deviation from scheduled system frequency. 2.3 Nonspinning Reserve: That operating reserve not connected to the system but capable of serving demand within ten minutes, or interruptible load that can be removed from the system within ten minutes. 2.4 Spinning Reserve: Unloaded generation which is synchronized and ready to serve additional demand. 3. WAPA’s Disposition of Contingency Reserves and Regulation: 3.1 Contingency Reserves: WAPA will provide all Base Resource schedules with Contingency Reserves, including Spinning, Nonspinning, and Frequency Response Reserves. Contingency Reserves will be provided from CVP generation as available, or procured from other sources as necessary. 3.2 Regulation: WAPA will not provide Regulation with Base Resource schedules. Any sales of Regulation by WAPA will be credited against the Power Revenue Requirement. Truckee Donner Public Utility District Exhibit D to Contract 20-SNR-02339 Exhibit D to Contract 20-SNR-02339 Page 1 of 9 EXHIBIT D (Rate Schedule) 1. This Exhibit D to be effective under and as a part of Contract 20-SNR-02339 (Contract), shall become effective upon execution of the Contract; and, shall remain in effect until superseded by another Exhibit D or termination of the Contract. 2. The CVP Schedule of Rates for Base Resource and First Preference Power (CV-F13) begins on page 2 of this Exhibit D. 3. This Exhibit D shall be replaced by WAPA as necessary under the terms and conditions set forth in the Rate Schedule, and a signature is not required by either Party. Page 2 of 9 Exhibit D to Base Resource Contracts/Agreements Rate Schedule CV-F13 (Supersedes Schedule CV-F12) UNITED STATES DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION CENTRAL VALLEY PROJECT SCHEDULE OF RATES FOR BASE RESOURCE AND FIRST PREFERENCE POWER Effective: October 1, 2011, through September 30, 2019. [Note: This rate schedule was extended by Rate Order No. WAPA-185 through September 30, 2024.] Available: Within the marketing area served by the Western Area Power Administration (Western), Sierra Nevada Customer Service Region. Applicable: To the Base Resource (BR) and First Preference (FP) Power Customers. Character and Conditions of Service: Alternating current, 60-hertz, three-phase, delivered and metered at the voltages and points established by contract. This service includes the Central Valley Project (CVP) transmission (to include reactive supply and voltage control from Federal generation sources needed to support the transmission service), spinning reserve service, and supplemental reserve service. Power Revenue Requirement (PRR): Western will develop the PRR prior to the start of each fiscal year (FY). The PRR will be divided in two 6-month periods, October through March and April through September, based Page 3 of 9 on FP and BR percentages. The PRR for the April-through-September period will be reviewed in March of each year. The review will analyze financial data from the October-through- February period, to the extent information is available, as well as forecasted data for the March- through-September period. If there is a change of $5 million or more, the PRR will be recalculated for the entire FY. The PRR is allocated to FP Customers and BR Customers based on formula rates, as adjusted for Hourly Exchange (HE), FP true-up calculation, and midyear adjustments. Example of PRR Allocation to FP and BR Component Formula Allocation Annual PRR $70,000,000 FP Customers’ Allocation (Total FP % = 5%) $70,000,000 x 5% $3,500,000 Remaining PRR Allocated to BR $70,000,000 - $3,500,000 $66,500,000 Note: This example is intended to show the PRR allocation to the customer groups and is not adjusted for billing, midyear adjustments or FP true-up calculation. FP Power Formula Rate: The annual FP customer allocation is equal to the annual PRR multiplied by the relevant FP percentage. The formula rate for FP power has three components. Component 1: FP Customer Percentage = FP Customer Load Gen + Power Purchases - Project Use FP Customer Charge = FP Customer Percentage x MRR Where: FP Customer Load = An FP Customer’s forecasted annual load in megawatthours (MWh). Gen = The forecasted annual CVP and Washoe generation (MWh). Power Purchases = Power purchases for Project Use and FP loads (MWh). Project Use = The forecasted annual Project Use loads (MWh). MRR = Monthly PRR. Page 4 of 9 Western will develop each FP customer’s percentage prior to the start of each FY. During March of each FY, each FP customer’s percentage will be reviewed. If, as a result of the review, there is a change in a FP customer’s percentage of more than one-half of 1 percent, the percentage will be revised for the April-through-September period and billing adjustments made for the October-through-March period to reflect the revised percentage. Table 1: Estimated and Actual Year 1 PRR Allocation Due to FP % True-up FP Customer Year 1 FP % (Based on estimate) Year 1 FP and BR PRR Allocation Year 1 Actual FP % (Determined during Year 2) Year 1 FP and BR Actual (adjusted) PRR Allocation Difference (Applied in Year 3) Customer A 0.35% $262,500 0.38% $285,000 $22,500 Customer B 0.90% $675,000 0.85% $637,500 ($37,500) Customer C 2.80% $2,100,000 2.90% $2,175,000 $75,000 Customer D 0.75% $562,500 0.75% $562,500 $0 Total 4.80% $3,600,000 4.88% $3,660,000 $60,000 BR Customers Contractual % $71,400,000 Contractual % $71,340,000 ($60,000) Total PRR (Year 1) $75,000,000 Total PRR $75,000,000 $0 In addition, Western is adopting a true-up methodology for FP Customers each year in order to ensure FP Customers pay their proportionate share of the PRR. The FP percentage true-up calculation will use actual data for the FY being adjusted. Changes to the PRR based on FP percentage true-up calculations will be incorporated in the PRR at the beginning of each FY as shown in the example below. As shown in the example in Table 1, the total PRR for Year 1, on October 1, is $75 million, and estimated revenue requirements are allocated to customers based on their estimated FP and BR percentages. A true-up of each FP percentage for Year 1 occurs in Year 2 and the difference between the estimated and actual will be reflected in the PRR in Year 3. Beginning in Year 3, the PRR, as published on October 1, is $73,000,000. Based on the true-up methodology, the adjustment (difference seen in Table 1) from Year 1 is factored in the PRR for Year 3, and payment obligations for both FP and BR Customers are appropriately adjusted as shown in the Table 2 below. Page 5 of 9 Table 2: FP % Adjustment from Year 1 (Actual to Estimated) Applied in Year 3 FP Customer Year 3 Est. FP % Year 3 Estimated PRR Payment PY FP True-Up (Year 1 True-Up Amount) Total Year 3 Bill Customer A 0.35% $255,500 $22,500 $278,000 Customer B 0.90% $657,000 ($37,500) $619,500 Customer C 2.85% $2,080,500 $75,000 $2,155,500 Customer D 0.77% $562,100 $0 $562,100 Total 4.87% $3,555,100 $60,000 $3,615,100 BR Customers Contractual % $69,444,900 ($60,000) $69,384,900 Total PRR (Year 3) $73,000,000 $0 $73,000,000 Based on the true-up adjustment from Year 1, the adjusted PRR for Year 3 is appropriately allocated to both FP and BR Customers. The percentages in the table below are the maximum percentages for each FP customer that will be applied to the MRR during the rate period October 1, 2011, through September 30, 2016. The maximum percentages were determined based on a critically dry year where there are hydrologic conditions that result in low CVP generation and, consequently, low levels of BR. An FP percentage cannot exceed the maximum except in instances where individual FP customer percentages increase due to load growth. If these maximum percentages are used for determining the FP customer charges for more than one year, Western will evaluate customer percentages from the formula rate versus the maximum percentage and make adjustments as appropriate. FP Actual Maximum Percentages Effective Rate Period FY 2012 through FY 2016 FP Customer Maximum FP Customer Percentage Applied to the MRR Sierra Conservation Center 1.58% Calaveras Public Power Agency 3.81% Trinity Public Utilities District 12.01% Tuolumne Public Power Agency 3.16% Total 20.56% Page 6 of 9 Below is a sample calculation for an FP customer’s monthly charge for power. Example: FP Monthly Customer Charge Calculation Numerator FP Customer’s Load - MWh 10,000 Denominator Washoe Generation - MWh 2,500 CVP Generation - MWh 3,700,000 PU Load - MWh (1,200,000) PU Purchase - MWh 47,000 Calculated Percentage FP Customer’s Percentage 0.39% Monthly Power Revenue Requirement (MRR) $3,333,333 FP Customer Monthly Charge = (FP % x MRR) $13,000 Component 2: Any charges or credits associated with the creation, termination, or modification to any tariff, contract, or rate schedule accepted or approved by the Federal Energy Regulatory Commission (FERC) or other regulatory bodies will be passed on to each relevant customer. The FERC’s or other regulatory bodies’ accepted or approved charges or credits apply to the service to which this rate methodology applies. When possible, Western will pass through directly to the relevant customer FERC’s or other regulatory bodies’ accepted or approved charges or credits in the same manner Western is charged or credited. If FERC’s or other regulatory bodies’ accepted or approved charges or credits cannot be passed through directly to the relevant customer in the same manner Western is charged or credited, the charges or credits will be passed through using Component 1 of the formula rate. Component 3: Any charges or credits from the Host Balancing Authority (HBA) applied to Western for providing this service will be passed through directly to the relevant customer in the same manner Western is charged or credited to the extent possible. If the HBA’s costs or credits cannot be passed through to the relevant customer in the same manner Western is charged or credited, the charges or credits will be passed through using Component 1 of the formula rate. Page 7 of 9 BR Formula Rate: The annual BR allocation is equal to the annual PRR less the annual FP customer allocation. The formula rate for BR has three components. Component 1: BR Customer Allocation = (BR RR x BR%) Where: BR RR = BR Monthly Revenue Requirement (RR) BR% = BR percentage for each customer as indicated in the BR contract after adjustments for programs, such as HE, if applicable. After the FP Customers’ share of the annual PRR has been determined, including a prior period true-up from the FP formula rate, the remainder of the annual PRR is recovered from the BR Customers. BR Customers’ allocation will also be adjusted by the amount of under- or overpayment by FP Customers. The BR RR will be collected in two 6-month periods. For October through March, 25 percent of the BR RR will be collected. For April through September, 75 percent of the BR RR will be collected. The monthly BR RR is calculated by dividing the BR 6-month RR by six. The revenues from the sale of surplus BR will be applied to the annual BR RR for the following FY. An example of a reallocation program is the HE program. BR Customers pay for exchange energy, hourly or seasonally, by adjusting the BR percentage that is applied to the BR RR. Adjustments to a customer’s BR percentage for seasonal exchanges will be reflected in the customer’s BR contract. An illustration of the adjustment to a customer’s BR percentage for HE energy is shown in the example below. Page 8 of 9 Example of BR Percentage Adjustments for HE Energy BR Customer BR % from Contract Hourly BR = 30 MWh Customer’s BR > Load Customers Receiving HE BR Delivered (Adj’d for HE) Revised BR % Customer A 20% 6 3 0 3 10.0% Customer B 10% 3 0 1 4 13.3% Customer C 70% 21 0 2 23 76.7% Total 100% 30 3 3 30 100.0% Component 2: Any charges or credits associated with the creation, termination, or modification to any tariff, contract, or rate schedule accepted or approved by FERC or other regulatory bodies will be passed on to each relevant customer. The FERC’s or other regulatory bodies’ accepted or approved charges or credits apply to the service to which this rate methodology applies. When possible, Western will pass through directly to the relevant customer FERC’s or other regulatory bodies’ accepted or approved charges or credits in the same manner Western is charged or credited. If FERC’s or other regulatory bodies’ accepted or approved charges or credits cannot be passed through directly to the relevant customer in the same manner Western is charged or credited, the charges or credits will be passed through using Component 1 of the formula rate. Component 3: Any charges or credits from the HBA applied to Western for providing this service will be passed through directly to the relevant customer in the same manner Western is charged or credited to the extent possible. If the HBA’s costs or credits cannot be passed through to the relevant customer in the same manner Western is charged or credited, the charges or credits will be passed through using Component 1 of the formula rate. Billing: Billing for BR and FP power will occur monthly using the respective formula rate. Any adjustment made at midyear is applicable to the entire FY and billed over the remainder the FY. Page 9 of 9 Adjustment for Losses: Losses will be accounted for under this rate schedule as stated in the service agreement. Adjustment for Audit Adjustments: Financial audit adjustments that apply to the formula rate under this rate schedule will be evaluated on a case-by-case basis to determine the appropriate treatment for repayment and cash flow management.