§ 13.12.090. New or expanded loads.

A.

Definitions. For purposes of this section, the following definitions apply:

"New load" means a general service demand or primary service account that is first connected to the electrical distribution system after December 31, 2012 and that is equal to or exceeds two MW.

"Expanded load" means a general service demand or primary service account previously connected to the electric distribution system that is increased in an amount equal to or exceeding one aMW when compared to the customer's monthly energy and demand consumption in the same calendar month in calendar year 2011.

A new load can also have an expanded load component subject to this section.

B.

Applicability. Subject to the exclusions stated in the following two paragraphs, this section applies to all new loads and all expanded loads.

This section is intended to establish rates only for sales of Tier 2 power. The rates established in this section do not apply to the extent Tier 1 power is available to serve all or a portion of the new load or expanded load. This section does not apply to loads designated by the City or the Bonneville Power Administration as new large single loads as defined by the Bonneville Power Administration in their new large single load policy document, dated April 2001. This section also does not apply to loads that are served under section 13.12.071 of Title 13 of the Port Angeles Municipal Code.

Except as provided in paragraph C.2. below, sections 13.12.041, 13.12.043, and 13.12.060 do not apply to new loads and do not apply to the portion of any load that is an expanded load.

C.

New loads. After December 31, 2012, a new load shall be charged the following rates and charges based on the energy and demand usage for each month as measured by the account meter.

1.

Uniform rate. New loads will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the priority firm public rate. Tier 2 charges, including without limitation the charges for unanticipated load service as defined in the BPA Administrator's record of decision for the BP-12 Rate Adjustment Proceeding and the 2012 Power Rate Schedules and General Rate Schedule Provisions (FY 2012-2013). The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration.

2.

Basic charge. A basic charge in accordance with sections 13.12.041, 13.12.043 or 13.12.060 of this chapter shall apply to new loads.

3.

Distribution charge. A distribution charge determined by multiplying 0.40 times the sum of subsections C.1., C.2. shall apply to new loads.

D.

Expanded loads. After December 31, 2012, any customer with an expanded load shall be charged on the expanded load the following rates and charges based on the energy and demand usage for each month as measured by the account meter:

1.

Uniform rate. The customer's monthly energy and demand consumption in excess of its energy and demand consumption in the same calendar month in calendar year 2011 will be charged the cost of generation and transmission services incurred for such service by the City from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 charges, including without limitation the charges for unanticipated load service. The City in its sole discretion shall have the right to determine what Tier 2 rate alternatives it procures from the Bonneville Power Administration.

The customer's monthly energy and demand consumption that is equal to or less than its energy and demand consumption in the same calendar month in calendar year 2011 shall be charged as determined by the Director in accordance with sections 13.12.041, 13.12.043 or 13.12.060 of this chapter.

E.

Other applicable charges and adjustments. The following charges and adjustments shall be applied to any new load or any expanded load served under this schedule:

1.

Diurnally differentiated rate. If the City can procure power from the Bonneville Power Administration under the Priority Firm Public Rate, Tier 2 charges, with deliveries differentiated diurnally, the City may in its sole discretion offer service hereunder that is diurnally differentiated.

2.

Adjustments to rate. The City may reduce the rate applicable to a new load and/or an expanded load under this schedule, as a part of the annual budget process or at such other time as the City deems appropriate, if the City determines in its sole discretion, by use of a cost of service analysis or other accepted econometric methods, that the economic impact within the City of the new load and/or expanded load will generate additional revenues for the City such that an adjustment to the rate applicable to a new load and/or an expanded load under this schedule will not increase result in shifting service costs to other City electric customers.

3.

Transmission charges. The monthly wholesale transmission costs to the City, including energy, demand and any other charges incurred by the City to provide service to an account for a new load or an expanded load under this schedule.

4.

Charges and credits. Any other wholesale generation or transmission charges or credits accrued by the City to provide service to a new load or an expanded load under this schedule.

5.

Taxes. An amount calculated to recover the actual tax obligation of the Electric Utility and City for State Public Utilities tax and City Public Utility tax and any other applicable taxes.

(Ord. 3539 § 1, 9/1/2015; Ord. 3445 § 1, 2/7/2012)

Editor's note

Formerly codified as § 13.12.074, which was renumbered by Ord. 3539 .