HomeMy WebLinkAboutNorthern California Power Agency (NCPA) 2014-02-27 Part 3 i
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Table of Contents
Section 1 . Definitions . . a a a 090094 # 90 600900 # 0 a 066 66 696 3
Section 2. Purpose . . . . . . . . 64 * 06 60 9 0 6
Section3 . NCPA Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . data 6
Section4. Participant Duties. . . . . . . . . . 669 * 044 * a * 0 6044868 00 * 0 @goo * * * 0 @ * too * 5 6696 do 6 60400 As * , * * * 06694 , 640 off 0 6 a 8 6 00 9
Section 5 . Allocation of CAISO Charges and Credits . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 6. Billing and Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 7. Cooperation and Further Assurances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 8 . Participant Covenants and Defaults . . . . . . . . * foods data goo 0 * 004 0 0 do 16
Section 9. CAISO Security Deposit and Credit Requirements :. . . . . . . . 1109 . . . . . . . . . . . . . 21
Section 10 . Balancing Account . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 11 . NCPA Administrative Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . 26
Section 12. Administration of Agreement . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 26
Section 13 . Term and Termination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Section 14. Admission and Withdrawal of Participants. of * * * * sees 60 * 0000 too a , a 29
Section 15 . Other Agreements . . . . . . . . . defeat 6 Go 600000 0 0 * 094 * 44 & 0000 0 * # % of add 04661 defeat 6 a a 32
Section 16. Settlement of Disputes and Arbitration . . 0 * 19 , 49 , 4000 , 06 614 to 0 data so & goof * * * , fees * * a 0 32
Section 17. Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Appendix A. List of Participants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Appendix Be CAISO Settlements Summary . . . . .. . . . . 04040000 09000 6600000046 seats * oft 0 91169069668 * * at * * 040 6 1
Appendix C. Power Scheduling Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Appendix D . SCPA Appendix Definitions Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Appendix E . Participant Resources . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Appendix F . Technical Metering Standards. . . . . . . . . . 600660t 0060000 # 00000 Doe 64 0060 off Doostoosess stoat * * * * @@ 1
Appendix G. New Additions . . . . 616 , 0 * 1 a $ 60 * 00 , p * 0 Doe assets off * 490 * 8 * 00009 losses Does 1
Appendix H. CAISO Security Deposit and Credit Requirements . . . . . . * , Does 1
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
This AMENDED AND RESTATED SCHEDULING COORDINATION
PROGRAM AGREEMENT ("this Agreement") is dated as of October 1, 2014 by
and among the Northern California Power Agency, a joint powers agency of the
State of California ("NCPA"), and the signatories to this Agreement other than
NCPA ("Participants" ) . NCPA and the Participants are referred to herein
individually as a "Party" and collectively as the "Parties" .
RECITALS
A. NCPA has heretofore been duly established as a public agency
pursuant to the Joint Exercise of Powers Act of the Government Code of the State
of California and, among other things, is authorized to acquire, construct,
finance, and operate buildings, works, facilities and improvements for the
generation and transmission of electric capacity and energy for resale .
B . Each of the Participants is a signatory to the Joint Powers
Agreement which created NCPA and therefore is a Member.
C. The Participants desire NCPA to act as their Scheduling
Coordinator or Scheduling Agent to schedule and settle loads, resources,
including, but not limited to, NCPA Projects, and other products in the CAISO
energy and ancillary services markets, or other markets as applicable, in
accordance with the MSSA Agreement, the Service Agreements, the Settlement
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Agreement, the Project Agreements, the CAISO Tariff, and other rules and
requirements, as such may be applicable.
D . The Participants desire NCPA to establish facilities, staff and the
capability to enable NCPA to provide Scheduling Coordination Services to the
Participants .
E. NCPA has established facilities, staff and the capability for the
provision of Scheduling Coordination Services to the Participants .
F . The Participants desire NCPA to provide Scheduling Coordination
Services to make NCPA Project and other resource capacity and energy available
as contemplated in each respective Project Agreement, Service Agreements or
other applicable agreement.
G. Each Participant agrees to pay its allocated share of costs for
Scheduling Coordination Services pursuant to this Agreement and the Power
Management and Administrative Services Agreement.
H. The Participants desire to equitably allocate CAISO charges and
credits accruing to NCPA as Scheduling Coordinator or Scheduling Agent
among the Participants .
I. The Participants further desire, insofar as possible, to insulate other
Members, whether or not such Members are also Participants, from risks
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inherent in the services and activities undertaken on behalf of any given
Participant or group of Participants .
J. This Agreement amends, restates and replaces the certain
Scheduling Coordination Program Agreement dated as of August 28, 2002 (as
amended, "the prior scheduling coordination program agreement" ), and the
prior scheduling coordination program agreement is hereafter of no further force
or effect.
NOW THEREFORE, the Parties agree as follows :
Section 1. Definitions,
1 . 1 Definitions . Whenever used in this Agreement (including the
Recitals hereto), the following terms shall have the following respective
meanings, provided, capitalized terms used in this Agreement (including the
Recitals hereto) that are not defined in Section 1 of this Agreement shall have the
meaning indicated in Section 1 of the Power Management and Administrative
Services Agreement:
1 . 1 .1 "Administrative Services Costs" means that portion of
the NCPA administrative, general and occupancy costs and expenses,
including those costs and expenses associated with the operations, direction
and supervision of the general affairs and activities of NCPA, general
management, treasury operations, accounting, budgeting, payroll, human
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SCHEDULING COORDINATION PROGRAM AGREEMENT
resources, information technology, facilities management, salaries and wages
(including retirement benefits) of employees, facility operation and
maintenance costs, taxes and payments in lieu of taxes (if any), insurance
premiums, fees for legal, engineering, financial and other services, power
management services, general settlement and billing services and general risk
management costs, that are charged directly or apportioned to the provision
of Scheduling Coordination Services . Administrative Services Costs as
separately defined herein and used in the context of this Agreement is
different and distinct from the term Administrative Services Costs as defined
in Section 1 of the Power Management and Administrative Services
Agreement.
1 . 1 .2 "Agreement" means this Amended and Restated
Scheduling Coordination Program Agreement, including all Appendices,
attached hereto .
1 . 1 .3 "Balancing Account" means an account established at
NCPA pursuant to this Agreement. The Balancing Account is established to:
(1) make timely payments to the CAISO under the MSSA Agreement and
CAISO Tariff, and protect NCPA from potential Participant default by
providing funds and time to cure, (2) provide working capital for NCPA' s
provision of Scheduling Coordination Services and to bridge timing
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differences between the receipt of payments from Participants and the date
payments are due to the CAISO, (3) satisfy CAISO security deposit
requirements, and (4) provide security against Participant default.
1 . 1 .4 "Defaulting Participant" has the meaning set forth in
Section 8 .2 of this Agreement.
1 . 1 .5 "Event of Default" has the meaning set forth in Section
8 .2 of this Agreement.
1 . 1 .6 "Participant" has the meaning set forth in the preamble
hereto . Participants to this Agreement are listed in Appendix A .
1 . 1 . 7 "Party" or "Parties" has the meaning set forth in the
preamble hereto; provided that "Third Parties" are entities that are not Party
to this Agreement.
1 . 1 . 8 "Power Management and Administrative Services
Agreement" means the NCPA Power Management and Administrative
Services Agreement, dated as of October 1, 2014 between NCPA and the
Members who are signatories to that agreement by which NCPA provides
Power Management and Administrative Services.
1 . 1 .9 "Settlement Agreement" means the Settlement
Agreement among Pacific Gas and Electric Company, Northern California
Power Agency, the City of Santa Clara, California, the City of Roseville,
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California and the California Independent System Operator Corporation in
FERC Dockets ER01-2998-000, ER02-358-000, and EL02-64-000, as accepted by
FERC.
1 . 1 . 10 "Third Party" means an entity (including a Member) that
is not a Party to this Agreement.
1 . 1 . 11 "Withdrawing Participant" has the meaning set forth in
Section 14.2 of this Agreement.
1 . 1 . 12 "Withdrawn Asset" has the meaning set forth in Section
14.5 .2 of this Agreement.
12 Rules of Interpretation. All words and references as used in this
Agreement (including the Recitals hereto), unless in any such case the context
requires otherwise, shall be interpreted pursuant to Section 1 .2 of the Power
Management and Administrative Services Agreement.
Section 2. Purpose. The purpose of this Agreement is to set forth the terms
and conditions under which NCPA will supply Scheduling Coordination
Services to the Participants.
Section 3. NCPA Duties . NCPA shall perform as the Scheduling Coordinator
or Scheduling Agent for the Participants in accordance with the MSSA
Agreement, the Service Agreements, the Settlement Agreement, the Project
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Agreements, the CAISO Tariff, and other rules and requirement, as applicable.
Such duties shall include, but are not limited to.
3 . 1 Submission of schedules and bids for Participants' loads, resources,
including, but not limited to, NCPA Projects, other generation resources, imports
and exports, trades, ancillary services and/or other CAISO products in the
CAISO energy and ancillary services markets, or other markets, as applicable.
All schedules and bids will be made and submitted to the CAISO in accordance
with Appendix C and the. CAISO Tariff, or other balancing authority areas in
accordance with the applicable rules and requirements. Energy and capacity
schedules and bids made on behalf of a Participant may be supplied from NCPA
Projects, Participant owned and operated generation facilities, generation
facilities in which a Participant has a contractual entitlement to energy and/or
capacity, and/or other contractual arrangements for the supply of energy and
capacity. All NCPA Projects, Participant owned and operated generation
facilities, and generation facilities in which a Participant has a contractual
entitlement to energy and/or capacity, for which NCPA supplies Scheduling
Coordination Services on behalf of, are listed in Appendix E.
3.2 Obtain and maintain settlement quality meter data in accordance
with the MSSA Agreement and CAISO Tariff, to be used for multiple purposes,
including, but not limited to settlement validation and cost allocation.
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SCHEDULING COORDINATION PROGRAM AGREEMENT
3.3 Perform outage coordination for planned and unplanned outages
in accordance with applicable rules and requirements, including, but not limited
to, the CAISO Tariff.
3.4 Review, validate, and reconcile CAISO settlement charges and
credits for services, file timely disputes and pursue dispute resolution.
3 .5 Allocate CAISO settlement charges and credits among Participants
for services in accordance with Appendix B, or as otherwise determined by the
Commission for CAISO settlement charges and credits not addressed in
Appendix B, make timely collection from the Participants of costs charged to
NCPA by the CAISO, and make timely payments to the CAISO of such charges
in accordance with the MSSA Agreement and the CAISO Tariff. All charges and
credits will be invoiced to the Participants through the All Resources Bill, or an
alternative invoice.
3 .6 From time to time, recommend to the Commission amendments or
modifications to the Appendices of this Agreement, as may be required, to
ensure the Appendices of this Agreement conform and remain current with
market rules, business practices, CAISO requirements, and other accounting or
operating procedures .
3 .7 Allocate costs associated with the provision of Scheduling
Coordination Services, including, but not limited to, Administrative Services
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Costs, to the Participants in accordance with this Agreement and the Power
Management and Administrative Services Agreement.
Section 4. Participant Duties . The duties of the Participants under this
Agreement are to :
4. l Provide Participant load, resource, trade, ancillary services, and/or
other CAISO product schedules and bids to NCPA, as applicable, in accordance
with Appendix C, where the Participant shall act as an Operating Entity or
NCPA shall act as an Operating Entity on behalf of a Participant or group of
Participants, subject to separate agreement, upon which NCPA using such
information will submit schedules and bids to the CAISO as Scheduling
Coordinator or Scheduling Agent for the Participants .
4.2 Make timely payments to NCPA for all CAISO charges and credits
for services invoiced by NCPA to the Participant in accordance with Section 6 of
this Agreement.
4.3 Provide staff and other assistance as may be required from time to
time to the extent necessary for NCPA to fulfill its duties as described in Section 3
of this Agreement.
4.4 Comply with all requirements of the MSSA Agreement and CAISO
Tariff, as applicable, in respect to the operation and maintenance of its Electric
System and other facilities covered under this Agreement.
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4.5 Provide security or other deposits required by the CAISO to NCPA
in accordance with Section 9 of this Agreement.
4.6 Initially fund and maintain sufficient deposits in its Balancing
Account in accordance with Section 10 of this Agreement.
4.7 Provide NCPA access to settlement quality meter data from loads
and resources scheduled and bid by NCPA for a Participant under this
Agreement, and to maintain such meters and metering equipment in accordance
with the standards and requirements set forth in the MSSA Agreement, CAISO
Tariff and Appendix F of this Agreement, unless otherwise agreed to between
NCPA and the Participant.
4.8 Make timely payment of all costs associated with NCPA' s
provision of Scheduling Coordination Services, including, but not limited to,
Administrative Services Costs, allocated among the Participants in accordance
with this Agreement and the Power Management and Administrative Services
Agreement.
4.9 Indemnify NCPA in regard to Scheduling Coordination Services
provided to a Participant by NCPA.
Section 5. Allocation of CAISO Charges and Credits. All CAISO charges
and credits for services invoiced by the CAISO to NCPA will be allocated among
the Participants in accordance with Appendix B, or as otherwise determined by
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the Commission. Appendix B includes a detailed description of the
methodologies used by NCPA to allocate CAISO charges and credits invoiced by
CAISO to NCPA, as such CAISO charges and credits are assessed through use of
CAISO charge codes, and is meant to reflect allocation methodologies consistent
with the CAISO Tariff and NCPA Service Agreements . Appendix B may be
amended from time to time in accordance with Section 17. 6 of this Agreement to
add, modify and/or remove CAISO charge codes, as required, to ensure
Appendix B remains consistent with current market rules and business practices .
5 . 1 Allocation of CAISO Charges and Credits for Non NCPA Projects .
Appendix E herein contains a list of all generation resources, demand response
resources and other resources for which NCPA provides Scheduling
Coordination Services on behalf of the Participants. The resources listed in
Appendix E may include NCPA Projects, member owned and operated
resources, and resources in which a Participant has a contractual entitlement to
the energy and/or capacity of such facilities. Unlike NCPA Projects, where
NCPA' s and Participants' obligations are defined in a Project Agreement and/or
the Amended and Restated Facilities Agreement, NCPA may have a limited or
no contractual relationship, other than the obligations set forth in this
Agreement, with a Participant or a Third Party to specify obligations of the
Parties with respect to scheduling, operation and settlement of non NCPA
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Project resources. Therefore, a Participant who receives Scheduling
Coordination Services from NCPA for a non NCPA Project resource hereby
agrees to indemnify NCPA from and against, and be fully liable for, its
entitlement share of all costs associated with scheduling, operation and
settlement of such non NCPA Project resource, including, but not limited to,
CAISO charges and credits invoiced to NCPA attributed to the non NCPA
Project resource, and to pay all costs for NCPA's provision of Scheduling
Coordination Services to the non NCPA Project resource on behalf of the
Participant, that arise during the term of this Agreement and subsequent to the
term of this Agreement. CAISO charges and credits, and all other costs
associated with the provision of Scheduling Coordination Services to a non
NCPA Project resource shall be allocated to the Participants in accordance with
Appendix B, or as otherwise determined by the Commission.
Section 6. Billing and Payments.
6 . 1 Invoices . NCPA will issue an invoice to each Participant for its
share of estimated and actual CAISO charges and credits, costs associated with
NCPA' s provision of Scheduling Coordination Services, including
Administrative Services Costs, and all other costs for services provided in
accordance with this Agreement. Such invoice may be either the All Resources
Bill or separate special 'invoice, as determined by NCPA. Such invoices will be
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made pursuant to. the requirements and procedures provided for in this
Agreement and all other applicable agreements. At NCPA's discretion, invoices
may be issued to Participants using electronic media or physical distribution.
602 Payment of Invoices . All non-emergency invoices delivered by
NCPA (including the All Resources Bill) are due and payable thirty (30) Calendar
Days after the date thereof; provided, however, that any amount due on a day
other than a Business Day may be paid on the following Business Day. NCPA
may apply a Participant' s share of the Balancing Account to the payment of all or
any portion of an invoice to such Participant (including that portion of an invoice
relating to Scheduling Coordination Services), provided that application of such
funds from the Balancing Account shall not relieve the Participant from any late
payment charges pursuant to Section 6 .3 . To the extent that NCPA applies funds
from the Balancing Account to pay an amount due under an invoice, following
receipt of payment of such invoice by the relevant Participant, NCPA shall
deposit the relevant portion of the payment into the Balancing Account and
credit such deposit to such Participant. Emergency invoices delivered by NCPA
shall be due and payable on the date indicated on such invoice, or as indicated in
Section 10 .4.
6 .3 Late Payments. Any amount due and not paid by a Participant in
accordance with Sections 6 .2, Section 9 and Section 10 shall be considered late
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SCHEDULING .COORDINATION PROGRAM AGREEMENT
and bear interest computed on a daily basis until paid at the lesser of (i) the per
annum prime rate (or reference rate) of the Bank of America NT&SA then in
effect, plus two percent (2%) or (ii) the maximum rate permitted by law.
6 .4 Billing Disputes. A Participant may dispute the accuracy of any
invoice issued by NCPA under this Agreement by submitting a written dispute
to NCPA, within thirty (30) Calendar Days of the date of such invoice;
nonetheless the Participant shall pay the full amount billed when due. If a
Participant does not timely question or dispute the accuracy of any invoice in
writing the invoice shall be deemed to be correct. Upon review of a submitted
dispute, if an invoice is determined by NCPA to be incorrect, NCPA shall issue a
corrected invoice and refund any amounts that may be due to the Participant. If
NCPA and the Participant fail to agree on the accuracy of an invoice within thirty
(30) Calendar Days after the Participant has disputed it, the General Manager
shall promptly submit the dispute to the Commission for resolution. If the
Commission and the Participant fail to agree on the accuracy of a disputed
invoice within sixty (60) Calendar Days of its submission to the Commission, the
dispute may then be resolved under the mediation and arbitration procedures set
forth in Section 16 of this Agreement. Provided, however, that prior to resorting
to either mediation or arbitrations proceedings, the full amount of the disputed
invoice must have been paid .
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6 .5 Billing/Settlement Data and Examination of Books and Records.
6 .5. 1 Billing/Settlement Data. NCPA shall make billing and
settlement data available to the Participants in the All Resources Bill, or other
invoice, or upon request. NCPA may also, at its sole discretion, make billing
and settlement support information available to Participants using electronic
media (e .g. electronic data portal) . Procedures and formats for the provision
of such electronic data submission may be as established by the NCPA
Commission from time to time. Without limiting the generality of the
foregoing, NCPA may, in its reasonable discretion, require the Participants to
execute a non-disclosure agreement prior to providing access to the NCPA
electronic data portal.
6 .5.2 Examination of Books and Records . Any Participant to
this Agreement shall have the right to examine the books and records created
and maintained by NCPA pursuant to this Agreement at any reasonable,
mutually agreed upon time.
Section 7. Cooperation and Further Assurances. Each of the Parties agree to
provide such information, execute and deliver any instruments and documents
and to take such other actions as may be necessary or reasonably requested by
any other Party which are consistent with the provisions of this Agreement and
which do not involve the assumption of obligations other than those provided
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for in this Agreement, in order to give full effect to this Agreement and to carry
out the intent of this Agreement. The Parties agree to cooperate and act in good
faith in connection with obtaining any credit support required in order to satisfy
the requirements of this Agreement.
Section 8. Participant Covenants and Defaults.
.8 . 1 Each Participant covenants and agrees: (i) to make payments to
NCPA, from its Electric System Revenues, of its obligations under this
Agreement as an operating expense of its Electric System; (ii) to fix the rates and
charges for services provided by its Electric System, so that it will at all times
have sufficient Revenues to meet the obligations of this Agreement, including the
payment obligations; (iii) to make all such payments due NCPA under this
Agreement whether or not there is an interruption in, interference with, or
reduction or suspension of services provided under this Agreement, such
payments not being subject to any reduction, whether by offset or otherwise, and
regardless of whether any dispute exists; and (iv) to operate its Electric System,
and the business in connection therewith, in accordance with Good Utility
Practice.
8 .2 Events of Default. An Event of Default under this Agreement shall
exist upon the occurrence of any one or more of the following by a Participant
(the "Defaulting Participant") :
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(i) the failure of any Participant to make any payment in full to
NCPA when due, where such failure is not cured within thirty (30) Calendar
Days following receipt of a notice from NCPA demanding cure;
(ii) the failure of a Participant to perform any covenant or
obligation of this Agreement where such failure is not cured within thirty (30)
Calendar Days following receipt of a notice from NCPA demanding cure.
Provided, that this subsection shall not apply to any failure to make payments
specified by subsection 8 .2 (i));
(iii) if any representation or warranty of a Participant material to
the services provided hereunder shall prove to have been incorrect in any
material respect when made and the Participant does not cure the facts
underlying such incorrect representation or warranty so that the representation
or warranty becomes true and correct within thirty (30) Calendar Days of the
date of receipt of notice from NCPA demanding cure; or
(iv) if a Participant is in default or in breach of any of its covenants
under any other agreement with NCPA and such default or breach is not cured
within the time periods specified in such agreement.
8.3 Uncontrollable Forces. A Party shall not be considered to be in
default in respect of any obligation hereunder if prevented from fulfilling such
obligation by reason of Uncontrollable Forces. Provided, that in order to be
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relieved of an Event of Default due to Uncontrollable Forces, a Party affected by
an Uncontrollable Force shall:
(i) first provide oral notice to the General Manager using telephone
communication within two (2) Business Days of the onset of the Uncontrollable
Force, and subsequently provide written notice to the General Manager and all
other Parties within ten (10) Business Days of the onset of the Uncontrollable
Force, describing its nature and extent, the obligations which the Party is unable
to fulfill, the anticipated duration of the Uncontrollable Force, and the actions
which the Party will undertake so as to remove such disability and be able to
fulfill its obligations hereunder; and
(ii) use due diligence to place itself nl a position to fulfill its
obligations hereunder and if unable to fulfill any obligation by reason of an
Uncontrollable Force such Party shall exercise due diligence to remove such
disability with reasonable dispatch. Provided, that nothing in this subsection
shall require a Party to settle or compromise a labor dispute .
8 .4 Cure of an Event of Default. An Event of Default shall be deemed
cured only if such default shall be remedied or cured within the time periods
specified in Section 8 .2 above, as may be applicable, provided, however, upon
request of the Defaulting Participant the Commission may waive the default at
its sole discretion, where such waiver shall not be unreasonably withheld.
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8 .5 Remedies in the Event of Uncured Default. Upon the occurrence of
an Event of Default which is not cured within the time limits specified in Section
8 .2, without limiting other rights or remedies available under this Agreement, at
law or in equity, and without constituting or resulting in a waiver, release or
estoppel of any right, action or cause of action NCPA may have against the
Defaulting Participant, NCPA may take any or all of the following actions:
(i) suspend the provision of services under this Agreement to such
Defaulting Participant;
(ii) demand that the Defaulting Participant provide further
assurances to guarantee the correction of the default, including the collection of a
surcharge or increase in electric rates, or such other actions as may be necessary
to produce necessary Revenues to correct the default;
(iii) terminate this Agreement as to the Defaulting Participant, on
ten (10) Calendar Days prior written notice to the Defaulting Participant; or
(iv) enforce all other rights or remedies available to it under any
other agreement in which the Defaulting Participant is a signatory.
8 .6 Special Covenants Regarding Balancing Account. In the event that
a Participant's balance of the Balancing Account is insufficient to cover all
invoices for costs incurred under this Agreement delivered to such Participant,
then, without limiting NCPA' s other rights or remedies available under this
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Agreement, at law or in equity, such Participant shall cooperate in good faith
with NCPA and shall cure the default as rapidly as possible, on an emergency
basis, taking all such action as is necessary, including, but not limited to, raising
rates and charges to its customers to increase its Revenues to replenish its share
of the Balancing Account as provided herein, drawing on its cash-on-hand and
lines of credit, obtaining further assurances by way of credit support and letters
of credit, and taking all such other action as will cure the default with all due
haste.
8 . 7 Effect of Termination or Suspension.
8 . 7. 1 Generally. The termination or suspension of this
Agreement will not terminate, waive, or otherwise discharge any ongoing or
undischarged liabilities, credits or obligations arising from this Agreement
until such liabilities, credits or obligations are satisfied in full.
8 . 7.2 Suspension. If performance of all or any portion of this
Agreement is suspended by NCPA with respect to a Participant in accordance
with subsection 8 .5 (i), such Participant shall pay any and all costs incurred by
NCPA as a result of such suspension including reasonable attorney fees, the
fees and expenses of other experts, including auditors and accountants, or
other reasonable and necessary costs associated with such suspension and
any portion of the costs associated with NCPA' s provision of Scheduling
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Coordination Services, including Administrative Services Costs, that were not
recovered from such Participant as a result of such suspension.
8 .7.3 Termination. If this Agreement is terminated by NCPA
with respect to a Participant in accordance with Section 8 .5 (iii), such
Participant shall pay any and all costs incurred by NCPA as a result of such
termination, including reasonable attorney fees, the fees and expenses of
other experts, including auditors and accountants, other reasonable and
necessary costs associated with such termination and any portion of costs
associated with NCPA's provision of Scheduling Coordination Services that
were not, or will not be, recovered from such Participant as a result of such
termination; provided, however, if NCPA terminates this Agreement with
respect to the last remaining Participant, then this Agreement shall terminate.
Section 9. CAISO Security Deposit and Credit Requirements . Any credit
requirements, including, but not limited to, security, collateral, unsecured credit,
or other deposits required by the CAISO, shall be provided by each Participant
prior to NCPA providing services under this Agreement, and shall be
maintained as may be required thereafter, pursuant to Appendix H. Failure to
maintain sufficient credit, security, collateral, unsecured credit, or other deposits
may impact NCPA' s ability to perform services under this agreement. NCPA
shall maintain a detailed accounting of the share of each Participant' s credit,
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
security, collateral, unsecured credit or other deposits . Any changes in credit,
security, unsecured credit or other deposits required by CAISO may be provided
by NCPA from the Balancing Account, and NCPA shall invoice Participants
within two (2) Business Days for their share of such required amounts, and will
use the funds collected from the Participants to fund the Balancing Account. The
obligation to provide credit, security, collateral, unsecured credit or other
deposits as required by the CAISO shall be allocated to the Participants on the
same basis as the applicable CAISO charge codes which the required amounts
are based upon, as specified in Appendix B or the CAISO Tariff.
Section 10. Balancing Account. Any deposits into a Balancing Account
pursuant to this Agreement shall be separate from and in addition to any
security accounts maintained pursuant to any other agreements between NCPA
and the Participant, or any other such security account required of Members.
10 . 1 Initial Amounts. Prior to NCPA providing Scheduling
Coordination Services, a Participant shall deposit into the Balancing Account
held by NCPA an amount equal to the highest three (3) months of estimated
CAISO invoices for the succeeding twelve (12) months; provided, however, that
such deposit may be satisfied in whole or in part either in cash or through a
clean, irrevocable letter of credit satisfactory to the General Manager. NCPA
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
shall maintain a detailed accounting of the share of each Participant's deposit in
the Balancing Account.
10 .2 Subsequent Deposits. Periodically, and at least quarterly, NCPA
shall review and revise its estimate of all costs Participants shall be obligated to
pay under this Agreement. Following such review, NCPA shall determine
whether each Participant has a sufficient balance in the Balancing Account. To
the extent that any Participant' s balance in the Balancing Account is greater than
one hundred and ten percent (110%) of the amount required herein, NCPA shall
credit such amount as soon as practicable to the Participant's next All Resources
Bill, or to the Participant' s general operating reserve account held at NCPA at the
request of the Participant. To the extent that any Participant's balance in the
Balancing Account is less than ninety percent (90%) of . the amount required
herein, NCPA shall add such amount as soon as practicable to such Participant' s
next All Resources Bill, or as necessary, to a special invoice to the Participant.
Credits or additions shall not be made to Participants who satisfy these Balancing
Account requirements in whole through the use of a letter of credit, provided
that the amount of the letter of credit shall be adjusted by the Participant as
necessary in a like manner to assure an amount equal to the highest three (3)
months of CAISO invoices is available to NCPA.
10 .3 Use of Balancing Account Funds .
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
10.3 . 1 NCPA may use any and all funds deposited into the
Balancing Account (or utilize a letter of credit provided in lieu thereof) to pay
any costs it incurs hereunder, without regard to any individual Participant' s
balance in the Balancing Account and irrespective of whether NCPA has
issued an All Resources Bill or invoice for such costs to the Participants or
whether a Participant has made timely payments of All Resources Bills or
invoices. Should Participant have satisfied its Balancing Account
requirements in whole or part through a letter of credit, NCPA may draw on
such letter of credit to satisfy obligations hereunder.
10 .3 .2 If funds deposited into the Balancing Account, or
provided through a letter of credit, are used by NCPA to pay any costs it
incurs hereunder, NCPA, pursuant to Section 10.5, will maintain a detailed
accounting of each Participant' s shares of funds withdrawn from the
Balancing Account or letter of credit, and upon the collection of all or a part of
such withdrawn funds, NCPA will credit back to each Participant the funds
collected in proportion to such non-defaulting Participant' s share of funds
withdrawn from the Balancing Account or letter of credit.
10 .4 Emergency Additions. In the event that the funds are withdrawn
pursuant to Section 10 .3 of this Agreement, or if the Balancing Account is
insufficient to allow payment of a CAISO invoice, NCPA shall notify all
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Participants and then prepare and send a special or emergency assessment to the
Participants . Each Participant shall pay to NCPA such assessment when and if
assessed by NCPA within two (2) Business Days of the invoice date of the
assessment or consent to and direct NCPA to draw on any existing letter of credit
Participant has established for such purposes.
. 10 .5 Accounting and Interest. NCPA shall maintain a detailed
accounting of each Participant's deposits into and shares of withdrawals from the
Balancing Account. Monies on deposit in the Balancing Account shall be
invested by NCPA in accordance with policies set by the Commission. Interest
earned on the Balancing Account shall be proportionately credited to the
Participants in accordance with the balances in each Participant' s Balancing
Account. Any losses in the Balancing Account caused by early termination of
investments or otherwise shall be allocated among the Participants in accordance
with their proportionate share of the total Balancing Account.
10 .6 Return of Funds . On the termination of this Agreement with
respect to a Participant or a permitted withdrawal of a Participant in accordance
with this Agreement, the affected Participant or Participants may apply to NCPA
for the return of their share of Balancing Account funds ninety (90) days after the
effective date of such termination or withdrawal. NCPA shall, in its sole
discretion, as determined by the General Manager, estimate the then outstanding
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
liabilities of the Participant or Participants, including any estimated contingent
liabilities and shall retain all such funds until all such liabilities have been fully
paid or otherwise satisfied in full. After such determination by the General
Manager, the balance of the Participant' s share of the Balancing Account will be
refunded to the Participant within sixty (60) days .
Section 11. NCPA Administrative Costs.
11 . 1 Cost of Services . All costs associated with NCPA' s provision of
Scheduling Coordination Services to the Participants, including, but not limited
to, Administrative Services Costs, shall be allocated among the Participants in
accordance with this Agreement and the Power Management and Administrative
Services Agreement,
11 .2 Scheduling Coordination Services Costs. Each Participant agrees to
and acknowledges its mandatory obligation to pay its allocated share of costs
associated with Scheduling Coordination Services, including, but not limited to,
Administrative Services Costs, as invoiced in its All Resources Bill.
Section 12. Administration of Agreement.
12. 1 General. The Commission has sole overall responsibility and
authority for the administration of this Agreement. Any acts, decisions or
approvals taken, made or sought by NCPA under this Agreement shall be taken,
26
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
made or sought, as applicable, in accordance with the Joint Powers Agreement,
the NCPA Commission Bylaws and Section 12.2 of this Agreement.
12.2 Action by Commission.
12.2. 1 Forum. Whenever any action anticipated by or related to
this Agreement is to be taken by the Participants, such actions shall be taken
at a regular or special meeting of the Commission, but shall be participated in
only by those Commissioners, or their designated alternates ("Alternate" ),
who represent Participants.
12.2 .2 Quorum. A quorum of the Commission, for purposes of
acting upon matters relating to this Agreement, shall consist of those
Commissioners, or their Alternate, representing a numerical majority of the
Participants.
12.2.3 Voting_ Each Participant shall have the right to cast one
vote with respect to matters pertaining to this Agreement. Actions of the
Commission with regard to this Agreement shall be effective upon a majority
vote of the Participants .
12.3 Adoption and Amendment of Annual Budd Annually, the
Commission shall adopt an Annual Budget, which includes, but is not limited to,
all costs attributed to services provided under this Agreement, for at least the
next succeeding Fiscal Year in accordance with the Joint Powers Agreement and
27
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
this Agreement. Provided, however, that the Commission may in its discretion
adopt a two-year budget if permitted to do so by the NCPA Commission Bylaws
or the Joint Powers Agreement.
12 .4 Facilities Committee . The Facilities Committee has been
established pursuant to the Amended and Restated Facilities Agreement to act as
an advisory committee to the Commission. The Commission may, in
coordination with the General Manager, refer matters pertaining to the
administration of this Agreement to the Facilities Committee for review and
recommendation, including, but not limited to, proposed amendments to this
Agreement and to the Appendices. If the Commission or General Manager refers
matters pertaining to the administration of this Agreement to the Facilities
Committee, NCPA will provide a copy of the public notice of the Facilities
Committee meeting at which the matter will be discussed to the Participants.
The Facilities Committee may act upon such matters referred to it by the
Commission in accordance with the procedures, including the general
administration quorum and voting procedures, set forth in the Amended and
Restated Facilities Agreement. Any recommendations of the Facilities
Committee shall be made to the Commission, Project Participants, and others, as
appropriate, in coordination with the General Manager.
Section 13. Term and Termination.
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
13.1 Effective Date. This Agreement shall become effective on the first
day of the month after which it has been duly executed by all Participants, and
delivered to and executed by NCPA (the "Effective Date" ) . NCPA shall notify all
Participants in writing of the Effective Date.
13 .2 Term and Termination. The Term of this Agreement shall
commence on the Effective Date, and shall continue in effect until terminated by
consent of all Parties that have not withdrawn or materially defaulted as
provided herein.
Section 14. Admission and Withdrawal of Participants.
14. 1 Admission of a New Participant. Subsequent to the initial Effective
Date, a Member may become a Participant by executing this Agreement. Such
Member will become a Participant effective on the date of its delivery to NCPA
of an executed counterpart of this Agreement.
14.2 Withdrawal of Participants. Any Participant may withdraw from
this Agreement ("Withdrawing Participant") by submitting notice, in writing to
all Parties at least two (2) years in advance of the effective date of such
withdrawal, provided that such withdrawal shall only be effective on the last day
of a Fiscal Year and that the Withdrawing Participant has fully satisfied all
obligations it has incurred under this Agreement. The two (2) year duration of
the notice requirement may be waived or reduced by the Commission in its sole
29
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
discretion. Withdrawal by any Participant shall not terminate this Agreement as
to the remaining Participants .
14.3 Associated Costs. A Withdrawing Participant shall reimburse
NCPA for any and all costs resulting from the withdrawal, including but not
limited to the legal, accounting, and administrative costs of winding up and
assuring the complete satisfaction and discharge of the Withdrawing
Participant' s liabilities, credits or obligations, including any contingent liabilities,
credits or obligations .
14.4 No Effect on Prior Liabilities . Withdrawal by any Participant will
not terminate any ongoing or un-discharged liabilities, credits or obligations,
including any contingent liabilities, credits or obligations, resulting from this
Agreement until they are satisfied in full, or such Withdrawing Participant has
provided a mechanism acceptable to NCPA, for the satisfaction in full thereof.
A Withdrawing Participant shall not be obligated to compensate the
remaining Participants for loss of any benefits that would have accrued to the
remaining Participants if the Withdrawing Participant had continued its
participation. Nor shall the remaining Participants be obligated to compensate
the Withdrawing Participant for any benefits that accrue to the remaining
Participants because of the withdrawal. Reallocation of the costs and benefits of
continuing under this Agreement after a Participant has withdrawn shall not
30
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
give rise to any claim against a Withdrawing Participant by the remaining
Parties . Nor shall any of the remaining Parties be obligated to compensate the
Withdrawing Participant for any benefits that accrue to the remaining Parties
because of such a reallocation of costs and benefits .
14.5 New Additions or Partial Withdrawal.
14.5 . 1 New Additions. A Participant may request uz writing,
using the form contained in Appendix G, that NCPA provide Scheduling
Coordination Services for new or additional resources, trades or other CAISO
products for which NCPA has not previously provided services under this
agreement on behalf of the Participant (for example, a new generation
resource) . Upon receipt of such written request from a Participant, NCPA, at
its sole discretion, may agree to provide Scheduling Coordination Services for
the new or additional resource, trades or other CAISO products on behalf of
the Participant, and the provision of such services will be subject to the terms
and conditions of this Agreement, and the Appendices of this Agreement will
be amended as required .
14.5.2 Partial Withdrawal. A Participant may request to
withdraw certain loads, resources, trades or other CAISO products
("Withdrawn Assets") for which NCPA provides Scheduling Coordination
Services under this Agreement, by providing ninety (90) days advanced
31
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
written notice to NCPA, so that NCPA will no longer provide Scheduling
Coordination Services for the Participant' s Withdrawn Assets; provided,
however, that Participant shall remain fully liable for its share of any
outstanding or future liabilities incurred by NCPA attributed to the
Withdrawn Asset, pursuant to Section 14.4 of this Agreement. The ninety (90)
days duration of the notice requirement may be waived or reduced by the
Commission in its sole discretion.
Section 15 . Other Agreements.
15. 1 Precedence of Agreement. Where there is any conflict between this
Agreement and the Joint Powers Agreement, a Project Agreement or a Project
Indenture of Trust, the provisions in the joint Powers Agreement, Project
Agreement or Project Indenture of Trust shall control.
Section 16. Settlement of Disputes and Arbitration. The Parties agree to make
best efforts to settle all disputes among themselves connected with this
Agreement as a matter of normal business under this Agreement. The
procedures set forth in Section 10 of the Power Management and Administrative
Services Agreement shall apply to all disputes that cannot be settled by the
Participants themselves; provided, that the provisions of Section 6 .4 shall first
apply to all disputes involving invoices prepared by NCPA.
Section 17. Miscellaneous,
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AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
17. 1 Confidentiality. The Parties will keep confidential all confidential
or trade secret information made available to them in connection with this
Agreement, to the extent possible, consistent with applicable laws, including the
California Public Records Act. Confidential or trade secret information shall be
marked or expressly identified as such.
If a Party ("Receiving Party") receives a request from a Third Party for
access to, or inspection, disclosure or copying of, any of the other Party' s (the
"Supplying Party" ) confidential data or information ("Disclosure Request" ), then
the Receiving Party shall provide notice and a copy of the Disclosure Request to
the Supplying Party within three (3) Business Days of receipt of the Disclosure
Request. Within three (3) Business Days of receipt of such notice, the Supplying
Party shall provide notice to the Receiving Party either:
(i) that the Supplying Party believes there are reasonable legal
grounds for denying or objecting to the Disclosure Request, and the Supplying
Party requests the Receiving Party to deny or object to the Disclosure Request
with respect to identified confidential information. In such case, the Receiving
Party shall deny the Disclosure Request and the Supplying Party shall defend the
denial of the Disclosure Request at its sole cost, and it shall indemnify the
Receiving Party for all costs associated with denying or objecting to the
Disclosure Request. Such indemnification by the Supplying Party of the
33
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Receiving Party shall include all of the Receiving Party' s costs reasonably
incurred with respect to denial of or objection to the Disclosure Request,
including but not limited to costs, penalties, and the Receiving Party' s attorney' s
fees; or
(ii) the Receiving Party may grant the Disclosure Request without
any liability by the Receiving Party to the Supplying Party.
17.2 Indemnification and Hold Harmless. Subject to the provisions of
Section 17.4, each Participant agrees to indemnify, defend and hold harmless
NCPA and its Members, including their respective governing boards, officials,
officers, agents, and employees, from and against any and all claims, suits, losses,
costs, damages, expenses and liability of any kind or nature, including reasonable
attorneys' fees and the costs of litigation, including experts, to the extent caused
by any acts, omissions, breach of contract, negligence (active or passive), gross
negligence, recklessness, or willful misconduct of that Participant, its governing
officials, officers, employees, subcontractors or agents, to the maximum extent
permitted by law.
17.3 Several Liabilities. No Participant shall be liable under this
Agreement for the obligations of any other Participant, and each Participant shall
be solely responsible and liable for performance of its obligations under this
Agreement, except as otherwise provided for herein, and the obligation of each
34
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Participant under this Agreement is a several obligation and not a joint obligation
with those of the other Participants .
17.4 No Consequential Damages. FOR ANY BREACH OF ANY
PROVISION OF THIS AGREEMENT FOR WHICH AN EXPRESS REMEDY OR
MEASURE OF DAMAGES IS PROVIDED IN THIS AGREEMENT, THE
LIABILITY OF THE DEFAULTING PARTY SHALL BE LIMITED AS SET
FORTH IN SUCH PROVISION, AND ALL OTHER DAMAGES OR REMEDIES
ARE HEREBY WAIVED . IF NO REMEDY OR MEASURE OF DAMAGE IS
EXPRESSLY PROVIDED, THE LIABILITY OF THE DEFAULTING PARTY
SHALL BE LIMITED TO ACTUAL DAMAGES ONLY AND ALL OTHER
DAMAGES AND REMEDIES ARE HEREBY WAIVED . IN NO EVENT SHALL
NCPA OR ANY PARTICIPANT OR THEIR RESPECTIVE SUCCESSORS,
ASSIGNS, REPRESENTATIVES, DIRECTORS, OFFICERS, AGENTS, OR
EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, INDIRECT, PUNITIVE OR INCIDENTAL LOSSES OR
DAMAGES, INCLUDING LOSS OF USE, LOSS OF GOODWILL, LOST
REVENUES, LOSS OF PROFIT OR LOSS OF CONTRACTS EVEN IF SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND NCPA AND EACH PARTICIPANT EACH HEREBY WAIVES SUCH
35
AMENDED AND RESTATED
SCHEDULING COORDINATION. PROGRAM AGREEMENT
CLAIMS AND RELEASES EACH OTHER AND EACH OF SUCH PERSONS
FROM ANY SUCH LIABILITY .
The Parties acknowledge that California Civil Code section 1542 provides
that: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release,
which if known by him or her must have materially affected his or her settlement
with the debtor." The Parties waive the provisions of section 1542, or other
similar provisions of law, and intend that the waiver and release provided by this
Section of this Agreement shall be fully enforceable despite its reference to future
or unknown claims.
17.5 Waiver. No waiver of the performance by a Party of any obligation
under this Agreement with respect to any default or any other matter arising in
connection with this Agreement shall be effective unless given by the
Commission. Any such waiver. by the Commission in any particular instance
shall not be deemed a waiver with respect to any subsequent performance,
default or matter.
17.6 Amendments.
17.6 . 1 Amendments in General. Except where this Agreement
specifically provides otherwise, this Agreement may be amended only by
36
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
written instrument executed by the Parties with the same formality as this
Agreement.
17.6.2 Approval and Amendment to Appendices .
Notwithstanding Section 17.6. 1, any addition to, amendment to or removal of
the Appendices of this Agreement shall take effect after being approved by
the Commission in a manner consistent with the voting procedures set forth
in Section 12 without the requirement of an approval of the individual
Participants' governing bodies.
17. 7 Assignment of Agreement.
17.7. 1 Binding Upon Successors. This Agreement, including the
Appendices attached hereto, shall inure to the benefit of and shall be binding
upon the respective successors and assignees of the Parties to this Agreement.
17.7.2 No Assignment. This Agreement, nor any interest
herein, shall be transferred or assigned .by a Party hereto except with the
consent in writing of the other Parties hereto, where such consent shall not be
unreasonably withheld. Without limiting the foregoing, this Agreement shall
not be assigned by Plumas-Sierra Rural Electric Cooperative without the
approval in writing of the Administrator of the Rural Electrification
Administration Utilities Service,
37
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
17.8 Severability. In the event that any of the terms, covenants or
conditions of this Agreement or the application of any such term, covenant or
condition, shall be held invalid as to any person or circumstance by any court
having jurisdiction, all other terms, covenants or conditions of this Agreement
and their application shall not be affected thereby, but shall remain in force and
effect unless the court holds that such provisions are not severable from all other
provisions of this Agreement.
17.9 Governing Law. This Agreement shall be interpreted, governed by,
and construed under the laws of the State of California.
17. 10 Headings ., All indices, titles, subject headings, section titles and
similar items are provided for the purpose of convenience and are not intended
to be inclusive, definitive, or affect the meaning of the contents of this Agreement
or the scope thereof.
17. 11 Notices . Any notice, demand or request required or authorized by
this Agreement to be given to any Party shall be in writing, and shall either be
personally delivered to a Participant' s Commissioner or Alternate, and to the
General Manager, or shall be transmitted to the Participant and the General
Manager at the addresses shown on the signature pages hereof. The designation
of such addresses may be changed at any time by written notice given to the
General Manager who shall thereupon give written notice of such change to each
38
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Participant. All such notices shall be deemed delivered when personally
delivered, two (2) Business Days after deposit in the United States mail first class
postage prepaid, or on the first Business Day following delivery through
electronic communication.
17. 12 Warranty of Authority. Each Party represents and warrants that it
has been duly authorized by all requisite approval and action to execute and
deliver this Agreement and that this Agreement is a binding, legal, and valid
agreement enforceable in accordance with its terms. Upon execution of this
Agreement, each Participant shall deliver to NCPA a resolution of the governing
body of such Participant evidencing approval of and authority to enter into this
Agreement.
17.13 Counterparts . This Agreement may be executed in any number of
counterparts, and each executed counterpart shall have the same force and effect
as an original instrument and as if all the signatories to all of the counterparts
had signed the same instrument. Any signature page of this Agreement may be
detached from any counterpart of this Agreement without impairing the legal
effect of any signatures thereon, and may be attached to another counterpart of
this Agreement identical in form hereto but having attached to it one or more
signature pages.
39
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
17. 14 Venue. In the event that a Party brings any action under this
Agreement, the Parties agree that trial of such action shall be vested exclusively
in the state courts of California in the County of Placer or in the United States
District Court for the Eastern District of California.
17. 15 Attorneys' Fees . If a Party to this Agreement brings any action,
including an action for declaratory relief, to enforce .or interpret the provisions of
this Agreement, each Party shall bear its own fees and costs, including attorneys'
fees, associated with the action.
17. 16 Counsel Representation. Pursuant to the provisions of California
Civil Code Section 1717 (a), each of the Parties were represented by counsel in
the negotiation and execution of this Agreement and no one Party is the author
of this Agreement or any of its subparts. Those terms of this Agreement which
dictate the responsibility for bearing any attorney' s fees incurred in arbitration,
litigation or settlement in a manner inconsistent with the provisions of Section
17.2 were intentionally so drafted by the Parties, and any ambiguities in this
Agreement shall not be interpreted for or against a Party by reason of that Party
being the author of the provision.
17. 17 No Third Party Beneficiaries. Nothing contained in this
Agreement is intended by the Parties, nor shall any provision of this Agreement
be deemed or construed by the Parties, by any third person or any Third Parties,
40
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
to be for the benefit of any Third Party, nor shall any Third Party have any right
to enforce any provision of this Agreement or be entitled to damages for any
breach by the Parties of any of the provisions of this Agreement.
41
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
IN WITNESS WHEREOF, NCPA and each Participant have, by the
signature of its duly authorized representative shown below, executed and
delivered a counterpart of this Agreement.
NORTHERN CALIFORNIA CITY OF ALAMEDA
POWER AGENCY 2000 Grand Street
651 Commerce Drive P.O. Box H
Roseville, CA 95678 Alameda, CA 94501
By: s; J4!! By:
Title : l( Title:
Date : 91A,_31/ !4 Date:
Approved as to form: Approved as to form:
By. y;
Its: General Counsel Its: City Attorney
Date : � ! ZOII ' Date:
CITY OF BIGGS CITY OF GRIDLEY
465 " C" Street 685 Kentucky Street
Biggs, CA 95917 Gridley, CA 95948
By: By:
Title : Title:
Date : Dater
Approved as to form: Approved as to form:
By: By:
Its: City Attorney Its : City Attorney
Date : Date :
42
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
IN WITNESS WHEREOF, NCPA and each Participant have, by the
signature of its duly authorized representative shown below, executed and
delivered a counterpart of this Agreement.
NORTHERN CALIFORNIA CITY OF ALAMEDA
POWER AGENCY 2000 Grand Street
651 Commerce Drive P .O . Box H
Roseville, CA 95678 Alameda, CA 94501
By: By: Oh U S r•"� �>
Title : Title: . 7dFT" /11'I
Date : Date: !ZZe -Jf4
Approved as to form: Approved as to form:
By : By : VJ 'Aklt
Its : General Counsel Its : City Attorney
Date : Date:
CITY OF BIGGS CITY OF GRIDLEY
465 " C" Street 685 Kentucky Street
Biggs, CA 95917 Gridley, CA 95948
By: By :
Title : Title :
Date : Date:
Approved as to form: Approved as to form:
By: By:
Its : City Attorney Its : City Attorney
Date : Date:
42
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
IN WITNESS WHEREOF, NCPA and each Participant have, by the
signature of its duly authorized representative shown below, executed and
delivered a counterpart of this Agreement.
NORTHERN CALIFORNIA CITY OF ALAMEDA
POWER AGENCY 2000 Grand Street
651 Commerce Drive P.O. Box H
Roseville, CA 95678 Alameda; CA 94501
By: By:
Title: Title:
Date: Date:
Approved as to form: Approved as to form:
By: By:
Its: General Counsel Its: City Attorney
Date,
CITY OF BIGGS CITY OF GRIDLEY
465 "C Street 685 Kentucky Street
Biggs, C 95917 Gridley, CA 95948
By; a 4 L � �_, -- By
Title: ��i�a '� Title:
Date: Date:
Approve a o fo/: Approved as to form:
By: ry 1f� , "� r i By:
Its: City Attorney Its: City Attorney
Date : V ( t' Date:
42
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
IN WITNESS WHEREOF, NCPA and each Participant have, by the
signature of its duly authorized representative shown below, executed and
delivered a counterpart of this Agreement.
NORTHERN CALIFORNIA CITY OF ALAMEDA
POWER AGENCY 2000 Grand Street
651 Commerce Drive P. O. Box H
Roseville, CA 95678 Alameda, CA 94501
By: By:
Title: Title:
Date:_ Date:
Approved as to form: Approved as to form:
By: By:
Its: General Counsel Its : City Attorney
Date: Date:
CITY OF BIGGS CITY OF GRIDLEY
465 "C" Street 685 Kentucky Street
Biggs, CA 95917 Gridley, CA 95948
By: By: � r -
Title: Title: IV aAd T?
Date : Date: 4 1 ( L[
Approved as to form; App � ,e-d as to i .rnp .
�
By: By:
Its : City Attorney Its : City A—tttorn�ey ,
Date : Date:
42
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF HEALDSBURG CITY OF LODI
401 Grove Street 221 W . Pine Street
ealdsburg, CA 95 Lodi, CA 95240
By; arjie ettus By:
Title: ity Manager Title :
Date: 5a7- / Date :
Appro d a's to rm: Approved as to form:
By; avid Warner By;
Its : City Attorney Its : City Attorney
Date: S'Z 7 - Date:
CITY OF LOMPOC CITY OF OAKLAND, acting
100 Civic Center Plaza by and through its
Lompoc, CA 93436 Board of Port Commissioners
530 Water Street
Oakland, CA 94607
By: By:
Title. Title :
Date: Date•
Approved as to form: Approved as to form:
By: By:
Its: City Attorney Its : Port General Counsel
Date: Date :
43
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF HEALDSBURG CITY OF LODI AT a
401 Grove Street 221 W. Pine Street
Healdsburg, CA 95448 Lodi, CA 95240 Ran i ohl -Olson
City Clerk
By: By: Stephen Schwa auer
Title : Title: Interim City Manager
Date: Date : ( `�
Approved as to form: Approved as to form:
By: Bye JP
anic D . Magdich U�Y
s �J
Its: City Attorney Its:C-it ' Attorne
Date : Date: 5� I i L
t—
CITY OF LOMPOC CITY OF OAKLAND, acting
100 Civic Center Plaza by and through its
Lompoc, CA 93436 Board of Port Commissioners
530 Water Street
Oakland, CA 94607
By: By:
Title: Title:
Date: Date:
Approved as to form: Approved as to form:
By: By:
Its: City Attorney Its: Port General Counsel
Date: Date:
43
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF HEALDSBURG CITY OF LODI
401 Grove Street 221 W. Pine Street
Healdsburg, CA 95448 Lodi, CA 95240
By: By :
Title : Title:
Date: Date:
Approved as to form: Approved as to form:
By: By :
Its : City Attorney Its: City Attorney
Date : Date:
CITY OF LOMPOC CITY OF OAKLAND, acting
100 Civic Center Plaza by and through its
Lompoc, CA 93436 Board of Port Commissioners
530 Water Street
Oakland, CA 94607
LqIL��
By: V 1 ;)'a # 6 4 By:
Title: 4-VO tN , Title:
Date : Date:
Approved as to form: Approved as to form:
�y: jbsefp h 4), , G n nnro� By:
Its: City Attorney Its : Port General Counsel
Date: N< i 1 0 , 90W Date :
43
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF HEALDSBURG CITY OF LODI
401 Grove Street 221 W. Pine Street
Healdsburg, CA 95448 Lodi, CA 95240
By: By:
Title : Title :
Date. Date:
Approved as to form: Approved as to form:
By: By:
Its : City Attorney Its : City Attorney
Date . Date :
CITY OF LOMPOC CITY OF OAKLAND, acting
100 Civic Center Plaza by and through its
Lompoc, CA 93436 Board of Port Commissioners
530 Water Street
Oakland, CA 94607
By: By:
Title : Title : �-
Date : Date: ��'�� � ✓
Approved as to form: Approved as to form:
xi
By: By.
Its: City Attorney Its :
Date: Date : 16 ! Y
43
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF PALO ALTO PLUMAS-SIERRA RURAL
250 Hamilton Avenue ELECTRIC COOPERATIVE
Palo Alto, CA 9430 73233 Highway 70
Portola, CA 96122
By: By:
Title : Title :
Date : (o Date :
Approved as to form: Approved as to form:
By :
-Its: City Attorney Its : General Counsel
Date : Ca ( Date:
CITY OF ROSEVILLE CITY OF SANTA CLARA
311 Vernon Street 1500 Warburton Avenue
Roseville, CA 95678 Santa Clara, CA 95050
By: By :
Title : Title :
Date : Date :
Approved as to form: Approved as to form :
By : By:
Its: City Attorney Its : City Attorney
Date* Date :
44
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
i
CITY OF PALO ALTO PLUMAS-SIERRA RURAL
250 Hamilton Avenue ELECTRIC COOPERATIVE
Palo Alto, CA 94301 73233 Highway 70
Portola, CA 96122
ZA
By: By:
Title: Title: Qr
Date: e;
Approved as to form: ov d as t form,
By: is a E. er ara _
Its : Cite Attorney Its: eneral Cot el
Date: Dat : June 27, 20h 4
CITY OF ROSEVILLE CITY OF SANTA CLARA
311 Vernon Street 1500 Warburton Avenue
Roseville, CA 95678 Santa Clara, CA 95050
By: By;
Title : Title:
Date: Date:
Approved as to form: Approved as to form:
By: By:
Its: City Attorney Its : City Attorney
Date: Date:
44
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
CITY OF PALO ALTO PLUMAS-SIERRA RURAL
250 Hamilton Avenue ELECTRIC COOPERATIVE
Palo Alto, CA 94301 73233 Highway 70
Portola, CA 96122
By: By:
Title: Title:
Date : Date:
Approved as to form: Approved as to form:
By: By:
Its: City Attorney Its: General Counsel
Date : Date:
CITY OF ROSEVILLE CITY OF SANTA CLARA
311 Vernon Street 1500 Warburton Avenue
Roseville, CA 5678 Santa Clara, CA 95050
By: Rob Jensen By:
Title: Asst ' Manager Title:
Date: April 17 , 2014 Date:
Approve as to f r Approved as to form:
By: B l e s s By:
Its : i1v Nt 61 r / er Its: City Attorney
Dat . A ri 5 2014 Date :
44
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
SAN FRANCISCO BAY AREA RAPID CITY OF UKIAH
TRANSIT DISTRICT 300 Seminary Avenue
300 Lakeside Drive, 16th Floor Ukiah, CA 95482
Oakland, CA 94612
By: By:
Title : Title:
Date : Date :
Approved as to form: Approved as to form:
c�W
By: pmllee� <06 /" e 'z By:
Its : Attorne _ Its : City Attorney
Date: Date•
49
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
SAN FRANCISCO BAY AREA RAPID CITY'OF UKIAH
TRANSIT DISTRICT 300 Seminary Avenue
300 Lakeside Drive, 16th Floor Ukiah, CA 95482
Oakland, CA 94612
By: By` _Jane Chambers
Title: i t City Manager
Date: Date: J J /`
Approved as to form: Approved to form:
By: By: _ Rapport
Its: General Counsel Its: CLty Attorney
Date: Date:
} 45
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX A
LIST OF PARTICIPANTS
The following is a list of the Participants who are signatories to this Agreement:
City of Alameda
City of Biggs
City of Gridley
City of Healdsburg
City of Lodi
City of Lompoc
City of Oakland, acting by and through its Board of Port Commissioners
City of Palo Alto
City of Roseville
City of Santa Clara
City of Ukiah
Plumas Sierra Rural Electric Cooperative
San Francisco Bay Area Rapid Transit District
1 .
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX A
APPENDIX B
CAISO SETTLEMENTS SUMMARY
The CAISO Settlement Summary is separately attached to this Agreement as
NCPA Appendix B .
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX B
APPENDIX C
POWER SCHEDULE GUIDE
The NCPA Power Schedule Guide is separately attached to this Agreement as
Appendix C.
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX C
APPENDIX D
SCPA APPENDIX DEFINITIONS GLOSSARY
The SCPA Appendix Definitions Glossary is separately attached to this
Agreement as Appendix D .
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX D
APPENDIX E
PARTICIPANT RESOURCES
The following is a list of the Participant resources for which NCPA provides
Scheduling Coordination Services pursuant to this Agreement.
Resource Name Resource ID
Alameda GT Unit 1 ALMEGT 1 UNIT 1
Alameda GT Unit 2 ALMEGT 1 UNIT 2
Black Butte Hydro BLCKBT_2_STONEY
Beardsley Hydro BEARDS_7_UNIT 1
Collierville Hydro Unit 1 & 2 Aggregate COLVIL_7_PL1X2
Container Corp. of America CONTAN_1_UNIT
Ameresco San Joaquin LLC CORRAL_6_SJOAQN
Santa Clara Co-Gen CSCCOG 1 UNIT 1
Gianera Peaker Unit 1 CSCGNR 1 UNIT 1
Gianera Peaker Unit 2 CSCGNR 1 UNIT 2
Donnells Hydro DONNLS_7_UNIT
Donald Von Raesfeld Power Project DUANE_1_PL1X3
Stoney Gorge Hydro Aggregate ELKCRK_6_STONYG
Neal Road Landfill Generating Facility ESQUON_6_LNDFIL
Johnson Canyon Landfill GONZLS_6_UNIT
Gridley Main Two GRIDLY_6_SOLAR
Santa Cruz Landfill Generating Plant GRNVLY_7_SCLAND
Keller Canyon Landfill Gen Facility KIRKER_7_KELCYN
Lodi Gas Turbine LODI25 2 PL1X2
Lodi Energy Center LODIEC_2_PL1X2
NCPA Geo Plant 1 Unit 1 NCPA 7 GP1UN1
NCPA Geo Plant 1 Unit 2 NCPA 7 GP1UN2
NCPA Geo Plant 2 Unit 3 NCPA 7 GP2UN3
NCPA Geo Plant 2 Unit 4 NCPA 7 GP2UN4
High Line Canal ORLND_6_HIGHLI
Ox Mountain Landfill Generating Plant OXMTN_6_LNDFIL
Cooperatively Owned Back Up Generator PALALT_7_COBUG
Bay Environmental (NOVE Power) RICHMN_7_BAYENV
Spicer Hydro Units 1-3 Aggregate SPICER_1_UNITS
1
AMENDED AND RESTATED
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APPENDIX E
Lodi STIG Unit STIGCT 2 LODI
Tulloch Hydro TULLCK_7_UNITS
Ukiah Lake Mendocino Hydro UKIAH_7_LAKEMN
2
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX E
APPENDIX F
TECHNICAL METERING STANDARDS
All Participant meters and field equipment associated with NCPA' s provision of
Scheduling Coordination Services are required to comply with the technical
metering standards included in this Appendix F . Meters associated with NCPA' s
provision of Scheduling Coordination Services are meters that are covered by a
NCPA Scheduling Coordinator identification number (e. g. SCID : NCPA) .
Section 1. Metering Standard Specifications and Procedures . All meters
monitored by NCPA's System Control and Data Acquisition system ("SCADA" )
shall, at a minimum, conform to the following requirements :
101 Metering Requirements,
1 . 1 . 1 Primary Meter. Each primary meter shall:
(i) be CAISO certified and conform to the current CAISO metering
requirements at the time of installation as specified in the CAISO business
practice manual for metering$
(ii) support Distributed Network Protocol ("DNP" ) and CAISO
Revenue Metering Data Acquisition and Processing System ("RMDAPS")
standards as required by the CAISO; and
(iii) have an Ethernet port.
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX F
1 . 1 .2 Secondary Meter. Each secondary meter shall be
configured with the same functionality as the primary meter and be wired to
provide redundant metering service.
1 . 1 .3 Router. Each router shall:
(i) provide a secure network connection to the NCPA SCADA
system at a speed of 56k or faster;
(ii) support Virtual Private Network ("VPN") tunneling; and
(iii) have an available Ethernet port for each meter connection and a
dedicated port for the Remote Terminal Unit ("RTU") .
1 . 1 .4 Power. Power for metering and communications
equipment shall not be provided through the station potential transformer.
Backup power for metering equipment shall be supplied through a
uninterruptible power supply ("UPS") capable of maintaining the meter,
router (and its related networking equipment), and the RTU, if present, for a
minimum of 48 hours . Where station service power is not available, the UPS
charge shall be maintained by solar power or other local generation, as
applicable, with a battery carry through period of not less than five days.
1 .2 Physical Security Requirements. The router, Ethernet connection
and/or dial-up phone connection is to be physically secured from tampering. If
2
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX F
the equipment is located in a shared facility, the equipment shall be enclosed in a
locked cabinet (for example, Hoffman part number CTD364812 or equivalent) .
1 .3 Logical Security Requirements. Meters that use the CAISO Energy
Communication Network ("ECN" ) for communication need to be configured in
accordance with the CAISO Information Security Requirements for the Energy
Communication Network. Each meter needs to be protected behind a router
with strong access control lists ("ACLs") or firewall protection to help prevent
unauthorized access to the meter. The router or firewall used needs to have the
ability to send logs back to a central logging server to trigger alerts associated
with malicious or unusual network behavior. The router or firewall that protects
the meter needs to have the ability to terminate site-to-site VPN tunnels. Data
provided from the metering equipment shall be transported to NCPA' s SCADA
system through VPN tunnels, and CAISO shall access meters through NCPA
maintained VPN tunnels . Additional VPN tunnels may be configured back to
non-NCPA systems in coordination with NCPA staff.
1 .4 Access. Access to meters and associated equipment shall be
granted to NCPA staff, or its delegates, to perform maintenance and repairs on
meters and communications equipment. NCPA locks will be provided at each
3
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX F
metering location where unescorted access by NCPA staff, or its delegates, is
permitted by the Participant.
4
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX F
APPENDIX G
NEW ADDITIONS
Pursuant to Section 14.5 . 1 of this Agreement a Participant may request in writing
that NCPA provide Scheduling Coordination Services for new or additional
loads, resources, trades or other CAISO products for which NCPA has not
previously provided services under this Agreement. Such requests for new
additions must be submitted to NCPA using the standard form attached
separately to this Agreement as Appendix G .
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX G .
Appendix G
NEW ADDITIONS
REQUEST FORM
The undersigned Participant hereby requests NCPA to provide
Scheduling Coordination Services for a new or additional load, resource, trade or
other CAISO product as described below:
(a) Requesting Participant:
(b) Service Requested :
(c) Resource ID (if applicable) :
(d) Delivery . Period :
(e) Operating Entity.
(f) Delivery Point(s) :
(g) SCID (if applicable) :
(h) Type of Product(s) :
(i) Special Terms and Conditions : See Attachment A-1
No amendment or modification to the Amended and Restated Scheduling
Coordination Program Agreement shall be enforceable unless reduced to writing
and executed in accordance with the procedures set forth therein. Those persons
submitting this New Additions Request Form hereby warrant that they are
authorized to do so on behalf of Participant.
Participant
By:
Date:
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
Appendix G
ATTACHMENT A-1
SPECIAL TERMS AND CONDITIONS
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX H
CAISO SECURITY DEPOSIT AND CREDIT REQUIREMENTS
Pursuant to Section 9 of this Agreement, in order to satisfy CAISO security
deposit and credit requirements each Participant shall provide to NCPA security,
collateral, unsecured credit, or other deposits in accordance with the procedure
identified in this Appendix H.
Section 1. CAISO Security Deposit and Credit Requirements Procedure
101 Assignment of Unsecured Credit. Pursuant to the CAISO Tariff,
each Participant may use unsecured credit to collateralize its calculated estimated
aggregate liability for all transactions made through the CAISO markets except
for any calculated liability associated with congestion revenue rights. Pursuant
to CAISO Tariff section 12.1 . 1 . 1 (5) a local publicly owned electric utility with a
governing body having ratemaking authority that has submitted an application
for an unsecured credit limit shall be entitled to an unsecured credit limit of $1
million without regard to its net assets; provided, however, a Participant shall be
entitled to request an unsecured credit limit based on its net assets as provided in
the CAISO Tariff in order to establish an unsecured credit limit greater than $1
million dollars.
1
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX H
Pursuant to authority provided under the CAISO Tariff, each Participant
that has a positive estimated aggregate liability, as determined by NCPA, shall
assign an amount of its unsecured credit limit to NCPA equal to the lesser of $1
million or its estimated aggregate Iiability. NCPA shall notify a Participant
regarding the need to provide additional unsecured credit limit, or other form of
collateral acceptable to NCPA and CAISO, to NCPA if the amount of unsecured
credit assigned to NCPA by a Participant is not equal to or greater than its
estimated aggregate liability, as calculated by NCPA based on the maximum of
the highest forecasted monthly CAISO budget costs or actual allocated monthly
CAISO costs . Each Participant shall promptly notify the CAISO and request that
an additional amount of its unsecured credit limit or other form of acceptable
collateral be assigned to NCPA that is equal to the positive difference between its
estimated aggregate liability and the amount of unsecured credit limit currently
assigned to NCPA.
2
AMENDED AND RESTATED
SCHEDULING COORDINATION PROGRAM AGREEMENT
APPENDIX H