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HomeMy WebLinkAboutSCE - Southern California Edison Company - 1989-05-08 (3) R ECf, Ed 9t 7++"R g APPLICATION AND CONTRACT FOR ADDED FACILITIES JUN 291989 N. rI A5RAMS At the request of the City of Huntington Beach . ("Applicant"), SOUTHERN CALIFORNIA EDISON COMPANY ("Company") hereby agrees, as an accommodation, to install at the Applicant's expense within a reasonable time, or to allocate for Applicant's use, at 2000 Main St . , Huntington Beach, CA 92648 State of California, facilities consisting of consumer substation V5108464 (existing facilities) ("Added Facilities"), at an estimated total additional installed cost of $ 45 100 .00 over and above the cost of standard facilities which Company would normally provide, or allocate, for standard service in accordance with its tariffs on file with and authorized by the California Public Utilities Commission ("Commission"), subject to the following terms and conditions: 1. Applicant shall pay to Company on demand and in advance of construction by Company, the initial sum of (a) $ —0— ("Advance"), representing Company's additional installed costs for the Added Facilities including ncome Tax Component of Contribution (ITCC), plus (b) $ 2� 752 ..1 2 , repre- senting Company's cost of rearranging existing facilities to accommodate the insta anon o the Added Facilities. 2. In addition to any payment required under Paragraph 1. and the monthly rates and charges for service, Applicant shall also pay to Company, at the Company's sole option, either: (a) A monthly Added Facilities charge of $ 7 6 6 . 7 0 ("Monthly Charge") in consideration of j Added Facilities installed at Company's expense and or the continuing costs of ownership of the Added Facilities at 7 % per month determined in accordance with the applicable percent- age rates establishedPn the Added Facilities section of Company's Electric Rule No. 2.H., copy attached. This Monthly Charge shall commence on the date the Added Facilities are first avail- able for Applicant, as determined by the Company and the Company will notify Applicant, in writing, of such commencement date; or (b) $ —0— as an equivalent one-time Payment ("One-Time Payment") representing the present worth of the monthly ownership costs ( —0— % per month) for the Added Facilities in perpetuity. The Monthly Charge, the One-Time Payment, and any payments required pursuant to Paragraph 1, may be initially based upon estimated costs. For newly installed Added Facilities, when the recorded book costs have been 'determined by Company, the charges will be based on such recorded costs and adjusted retro- actively to the date when service was first rendered by means of such Added Facilities. For existing facilities which are allocated for Applicant's use as Added Facilities, the charges will be calculated on a reconstruction cost new, less depreciation basis and adjusted retroactively to the date when service was first rendered by means of such Added Facilities. Additional charges resulting from such adjustments will, unless other terms are mutually agreed upon, be payable within thirty (30) days from the date of presentation of a bill therefor. Any credits resulting from such adjustments will, unless other terms are mutually agreed upon, be refunded to Applicant; 3. The Monthly Charge determined in Paragraph 2 (a) above, or the One-Time Payment referred to in Paragraph 2 (b) above, whichever is applicable, shall automatically increase or decrease without formal amendment to this Agreement if the Commission should subsequently authorize a higher or lower percentage rate in the calculation of the costs of ownership for Added Facilities as stated in Rule No. 2.14, effec- tive with the date of such authorization. Further, the revised costs of ownership shall also be used to determine the unamortized balance of the One-Time Payment due to termination of service, termination of this Agreement, or otherwise, as provided in Paragraph 13 (a). 4. Where it is necessary to install Added Facilities on Applicant's premises, Applicant hereby grants to Company (a) the right to make such installation on Applicant's premises along the shortest practical route thereon and of sufficient width to provide legal clearance from all structures now or hereafter erected an Applicant's premises for any facilities of, Company, and (b) the right of ingress to and egress from Applicant's premises at all reasonable hours for any purpose reasonably connected with the operation and maintenance of the Added Facilities. SCE CSD 740 REV 7/88 (CW) -1- S. Where formal rights-of-way or easements are required in, on, under, and over Applicant's property or the property of others for the installation of the Added Facilities, Applicant understands and agrees that Company shall not be obligated to install the Added Facilities unless and until any necessary permanent Ights-of-way or easements, satisfactory to Company, are granted without cost to Company. 6. Company shall not be responsible for any delay in completion of the installation of the Added Facilities resulting from shortage of labor or materials, strike, labor disturbances, war, riot, weather conditions, governmental rule, regulation or order, including orders or judgments of any court or commission, delay in obtaining necessary rights-of-way and easements, act of. God, or any other cause or condition beyond control of Company. Company shall have the right in the event it is unable to obtain materials or labor for all of its construction requirements, to allocate materials and labor to construc- tion projects which it deems, in its sole discretion, most important to serve the needs of its customers, and any delay in construction hereunder resulting from such allocation shall be deemed to be a cause beyond Company's control. 7. In the event that Company is prevented from completing the installation of the Added Facilities for reasons beyond its control within 12 (twelve) months following the date of this Agreement, Company shall have the right to terminate this Agreement upon 30 (thirty) days' written notice to Applicant. 8. if this Agreement is terminated as set forth in Paragraph 7, the provisions of Paragraph 13 shall be applicable, based on that portion of the Added Facilities then completed, if any, including charges for any engineering, surveying, right-of-way acquisition expenses and other associated expenses incurred by Company for that portion of the Added Facilities not installed, or in Company's sole judgment, not useful in supplying permanent electric service to Company's other customers. 9. Added Facilities provided hereunder shall at all times remain the property of the Company. 10. This Agreement supplements the appropriate application and contract(s) for electric service presently in effect between Applicant and Company. 11. if it becomes necessary for Company to alter or rearrange the Added Facilities including, but not limited to, the conversion of overhead facilities to underground, Applicant shall be notified of such necessity and shall be given the option to either terminate this Agreement in accordance with Paragraphs 12 and 13, or to pay to Company additional charges consisting of: (a) A facility termination charge for that portion of the Added Facilities which is being removed -- because of alteration or rearrangement, such charge to be determined in the same manner as described in Paragraph 13; plus (b) An additional Advance and/or rearrangement cost, if any, for any new Added Facilities requested which shall be determined in the same manner as described in Paragraphs 1 and 2; plus (c) A revised One-Time Payment or a revised Monthly Charge, as appropriate, based on the total net additional installed cost of all new and remaining Added Facilities. Such revised One-Time Payment or Monthly Charge shall be determined in the same manner as described in Paragraph Nos. 2 and 3. 12. This Agreement shall be effective when executed by the parties hereto and shall remain in effect until terminated by either party on at least 30 (thirty) days' advance written notice. 13. Upon discontinuance of the use of any Added Facilities due to termination of service, termination of this Agreement, or otherwise: (a) Applicant shall pay to Company on demand (in addition to all other monies to which Company may be legally entitled by virtue of such termination) a facility termination charge defined as the installed cost (including any ITCC), plus the removal cost, less the salvage value for the Added Facilities to be removed; as determined by Company in accordance with its standard accounting practices. Company shall deduct from the termination charge the Advance, plus the unamortized balance of the One-Time Payment previously paid, if any. if the Advance paid, plus the unamor- tized balance of the One-Time Payment is greater than the termination charge, Company shall refund the difference, without interest, to the Applicant; (b) Notwithstanding Paragraph 13(a) above, where existing Company facilities are allocated as Added Facilities, no facilities termination charge shall be collected on such Added Facilities after five years from the date service under this Agreement first commenced. (c) Company shall be entitled to remove and shall have a reasonable time in which to remove any portion of the Added Facilities located on the Applicant's premises. (d) Company may, at its option, alter, rearrange, convey, or retain in place any portion of the Added Facilities located on other property off Applicant's premises. Where all or any portion of the Added Facilities located off Applicant's premises are retained in place and used-byc.{, Company to provide permanent service to other customers, an equitable adjustment will be made in the facility termination charge. -2- 14. Company shall have the right to allocate use of any Added Facilities which are located off Appli- cant's premises to the Company or other parties as Company, in its sole judgment, deems appropriate. In the event use of such Added Facilities are reallocated to Company or other parties, refunds and adjust- ments, if any, of the Advance and Equivalent One-Time Payment will be made in accordance with Para- graph 13. Interest. at the rate of —0— % annually will be added to the unamortized balance of the One-Time Payment on each anniversary a-te the Added Facilities are first made available, as such date is established in Company's records, before the current year's cost of ownership is deducted. 15. Applicant may, with Company's consent, assign this Agreement if the assignee thereof agrees, in writing, to perform Applicant's obligations hereunder. Such assignment will be deemed to include, unless otherwise specified therein, all of Applicant's rights to any refunds which might become due upon discon- tinuance of the use of any Added Facilities. 16. This Agreement shall, at all times, be subject to changes or modifications as the Commission may, from time to time, direct in the exercise of its jurisdiction. DATED APPLICANT: CITY QF 11,VAITIy�'7-16W 45'19clw BY: Aw- ` G1J Mail Address /7}?7/ GGTltvl--,gl," JT. �}YNTln�Frt+�.sJ 13G��ch; CA Q2 6�T Approved and Accepted for SOUTHERN LIFORNIJJ DISON COMPANY By Date A. E . Selleck, Mgr. , Orange Coast District ADDED FACILITIES: RECORDED BOOK COST $ DATE SERVICE FIRST RENDERED BY MEANS OF THE ADDED FACILITIES: B70513COl -3-