R91-176RESOLUTION NO. R91-/~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A
COMMERCIAL/INDUSTRIAL LOAD CONTROL
PROGRAM AGREEMENT BETWEEN THE CITY OF
BOYNTON BEACH AND FLORIDA POWER & LIGHT
COMPANY; A COPY OF SAID AGREEMENT IS
ATTACHED HERETO AS EXHIBIT "A"; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City-of Boynton Beach
[eems it to be in the best interest of the citizens and residents
of the City to enter into a Commercial Industrial Load Control
Program rate agreement with Florida Power & Light Company, a
copy of said Agreement being attached hereto as Exhibit "A".
BE IT R OnVE BY ¢IT co ssio OF THE
1. or ~OYNTON BEACH, FLORIDA THAT:
Section 1t The Mayor and City Clerk are hereby directed
}to execute an Agreement between the City of Boynton Beach and
}Florida Power & ~i~ht Company, said Agreement being attached
hereto as Exhibit A
Section 2.
upon passage.
This Resolution shall take effec~ immediately
PASSED AND ADOPTED this /~ day of October, 1991.
CITY OF BOYNTON BEACH, FLORIDA
I~yor
ATTEST:
(Corporate Seal)
CILC/.FPL
Vice Mayor
i~sioner
:o~i~ne, r /
FLORIDA POWER & LIGHT COMPANY
Original Sheet No. 9.490
COMMERCIAL/II~D~ LOAD CONTROL PROGRAM AOR~EIvlF~ ~
City of
For and in comideration o~ the mutual c~venant~ and agreements expressed herein, the Company and the CusIomer agree as
Company's Com,,,~:ial/indusuia{. ~d_ Coutrc/. Program. Schedt0e CILC-1. (hereinafter cai{ed 'Schnduie CILC-I') as
CILC L Ix:~ imme~ ~nd m r~er m ~d~l~ ~.1~ this Agreement to Schedule
presently approved Scl~clule CILC-x.is attacf~d hereto as ~xhibit A and hereby ~_~fle__ an integral part of tiffs ,A~ree~t.
duringT° estabtishthe the initial qualification for service under Schedule CILC-1, the Customer must tsav~ had an on-peak dernaud
[~'~ions ~ ~ of~O0 I~v ~~t~r theft ~ 'l='lrlll Dell,.a~l'
3.
4. Prior to the Customer's receipt of se. tv/ce under Sahedu~
Comlxu~ a~ce~ at any reasonable lime to i,~-~.~ ,)-- .._~..: ........ -_ equ~umeat and sha{{ ixov/de
, . whether the load onntrol eomnmem ~.... ~ .......... pOaby
5. Upon COml~etiun o/the i,-_.~
Demand'. ~q pment, the Customer will agree to a .F'u.u
Th~ hfil~ ~ sha~ _ ~eu._~ _ ~.~ ~,Avauamtay' m ~ ~C-l.
7. ~ ~ a~ ~ a ~ ~, ~l ~ 0 ~ d~ng t~ ~ ~ ~ ~ ~ ~lling ~e
~s~ ~,F~ ~'~ ~~ga ~~ U~mut~l
~ng~~.F~.~a~t~a~~~~the
~t~'s ~ ~' ~ ~m' ~ ~' ~ ~' to de~t~' ' ~ ~ ~ R~ ~.~
F~C., N~-~ ~ -Te~ and ~i~, ~ a~ ~h~ ~mm~ det~t~
8. ~ ~ a~ t° ~ t~ ~ c~ng~ ~ t~ end °f ~e ~ ~[DD2 , m al~ ~1 of a
~the ~. ~ ~e ~s ~ ~ule C~C-1 ~ app~ ~rl~r than ~ ~ ~e~ ~ a~ to
(Continue~ on Sheet NO, 9.491)
Issued by: W. H. Brunetti, Executive Vice President
Effective: October 11, 1990
FLORIDA POWER & LIGHT COMPANY
Original Sheet No. 9.491
(Continued from Sheet No. 9.490) )
Should the Oaston~r fail to complete th~ abo~ work by the calendar year designated, or should the Customer fail to begin
taking service under Schodu~e CILC-1 during that year, this Agreement shall bo:omc null and vokL ~n order to receive
aervlce under Schedule C]LC-1, it shall be ~ foe the Customer to execute a new Agreement, which will again make
tho availab/lity of ~ervice subject to thc 'L/mitatioo d Ad{ in Schodule ClC-1.
The Cuswmer agrees to be responsible for tho determirmtioo that all electrical eqmpment to be controlled is in good repair
and working condition. The Company shall notbe resixm~ble for tho repaw, maintenance or replacement of the Customer's
equipment .
10.
ff the Castomer no longer w~hes to receive any t3~e of elecu'ic ~ from the Company, the Customer may terminate
~ Agrceme-~t by giving ~ (30) days' advance written notice to the Company.
T~e Company may terminate this Agreement a~ aay ~mo ffthe Customer's fails to comply with the terms and cooditioes
ninety (90) da~ in advance a~ describe the Customer's failure to c~mply. The Company may then terminate this
Agreement at tho end Of the,90-day not/ce period Unie~ the Customer takes measures neceasary to eliminate, to the
Company's satisfa~ioo, ~h~ conipliance deficiencies deacribed by the Company. Notwithsta~ing the foregoing, if, at any
time during the:~ pa~ the Customer eitl~r ~ or fails to initiate and purina corrective action, tho Company
shall be entitled to suspend forthwith the monti~y billing under the Schedule CILC-1 and bill the Customer un,er the
otherwise appligable firm service rate schedule.
12. The Customer agrees that the Company. will not be liabte fce any damages or injuries that raay orcur as a re~alt of contro!
of electtio service pursuant to the terms of Schodille CILC-1 by remote control or othervnse.
13. ~ Agreement supersedes all prev/~es agreements and represent mlc,~n either written or oral, heretofore made
app~;~ed, io writing by the Company and approved by the
14. This Agreement may not be assigned by tho Cus~me.r without the prior written consent of the Company.
15. This Agreement is ,subject to the Company's 'General Rules and Regulations for Electric Service' and tho Rules of the
Commlssinm
IN wrYNESS WHEREOF, tho Customer and the Company have gamed this Agreement to be duly executed as of tho day and
year ~ above written.
CUSTOMER
Company. City of Boyncon Beach
Name: Arline Weiner
Title: Mayor
FLORIDA POWER & LIGHT COMPANY
.~//~b~ z~. f~ - -
Signed: /~ / ~' ~c ~'~
Issued by: W. 1% Brunetti, Executive Vice President
Effective: October 11, 1990
Seeond l/evi~d ~ N~. ~0
& LIGHT COMPANY
COMMERCIAI4INDUSTRIAL LOAD CONTROL PROGRAM
(OPTIONAL)
R. ATE SCHEDULE: CILC-1
AVAILABLE:
In all territory served. Available to any commercial or industrial customer through the execution of a Commercial/'mdustrial Load
Control Program Agreement w/th the Company.
LIMITATION OF AVAILABILITY:
The availability of this schedule to Customers who have not yet signed a Comme rclal/Industriai Load Control program Agreement
may be resmcted from time to time.
This schedifie may be modified or withdrawn subject to determinations made under Commiss/~a Rule 25-6.0438, F.A.C., Non-l~rm
Electric Serv/ce - Terms and Conditions or any. other Comm~n~io~ determination. Until such determination is made, there shall
be a maximum of 250 M3,V of Interruptible or controlled load under this schedule or any other ifiterruptible rate schedule. The
priority of allocating the 250 MW to Customers will be based upon the execution date of each individual Customer's
Commerclal/Industrinl Load Control Program Agreement or Interruptible/F'trm Serv/ce Agreement.
APPLICATION:
For electric semce provided to any commercial or industrial customer, as a part of Commercial/Industrial L~ed Control Program
Agreement between the Customer and the Company, who agrees to allow the Company to control at least 500 kw of the
Customer's load. A Customer shall enter into a 'Commercial/Indnsroal Load Control Program Agreement* with the Company
for service under this schedule. This controlled load shall not be served on a firm senSce bes/s until service bas been terminated
under this rate schedule.
SERVICE:
Three phase, 60 hertz at any available standard voltage.
A dusignated portion of the Customer's load served under this schedule is subjeet to control by the Company. Transformation
Rider-TR, where applicable, shall only apply to the Customer's Maximum Demand for delivery v~ltage below 69 Int. Standby
Serviee is not provided hereunder. Resale of service is not permit~d hereunder.
MONTHLY RATE:
Voltage Level:
Distribution Transm~aion
Below 69 h, 69 ky & above
Customer Charge: $ 600.00
Demand Charge:
per kw of Maximum Demand $ 2.43
per kw of Load Control On-Peak Demand $ 1.16
per kw of ~n'm On-Peak-Denmnd $ 5,85
None
$ 1.15
$ 6,25
Energy Charge:
On-Peak Period:
Non-fuel charge per kwh 1.133~
Off-Peak Period:
Non-fuel charge per kwh 1.13~
Minimum: The Customer Charge plus the charge for the Maximum Demand.
Fuel Charge See Sheet No. 8.830
Tax Clause See Sheet No, 8,840
Conservation Charge See Sheet No. 8.860
Oil Backout Charge See Sheet No. 8.880
Franch~e Fee See Sheet No. 8.890
Se~ IST-I(D)
(C.~ntinued on Sheet No. 8.651)
Issued by: W. H. Brunettt, Executive Vice President
Effective: October 11, Lqg0
POWER & LIGHT COMPANY
LOAD CONTROL:
Control Condition:
Third Revise~
Cnneel$ Seem~ R~
(Continued from Sheet No. 8.650)
peaking operation of the Company's generators.
Notice:
Although the Company is not required tc provide notice to a Customer prior to controlling the Customer's controllable load. it
is the Company's intent to provide up to 4 hours advance notice where conditions permit. The Customer agrees that the Company
will not ha liable for any damages or injurie~ that may ceeur us a rusult of providing no notice or leus than 4 hours notice.
Although the Company is not limited in the duration of a single period of load control, it is expected that any load control duration
will not exceed 6 hours.
Customer Responsibility:
The Company may control the controllable portion of the Customer's selvice from time to time for tusting purpcaes. Tusting
purposes include the rusting of the load control equipment and the ability Of the Customer to perform. There will ha at least one
load control period during each calendar year.
The Customer shall be responsible for providing and maintaining the appropriate equipment required to allow the Company to
electrically control the Customer's load, us.specified in the Commercial/Industrial Load Contrc~ Program Agreemenb
RATENG PERIODS:
On-Peak:
November 1 through March 31: Mondays through Fridays during the hours from 6 a.m. to I0 a.m. and 6p.m. to 10 p.m.
excluding Thanksgiving Day, Christmas Day, and Nero Year's Day.
April I through October 31: Mondays through Fridays during the hours from 12 noon to 9 p.m. excluding Memorial Day,
Independence Day, and Labor Day.
Off-Peak:
All other hours.
DEMAND:
Demand is the kw to the nearest whole kw, us determined from the Company's metering equipment. For a 30-minute period us
adjusted for power factor.
FIRM ON-PEAK DEMAND:
The Customer's monthly Firm On-Peak Demand shall be the les~r of the 'Firm Demand' level specified in the Customer's
Commercial/Industrial Load Control Program Agreement with the Company, or the Customer's highest on-peak demand during
the month. The level of 'Firm Demand' specified in the Customer's Commercial/Industrial Load Control Program Agreement
shall not ha exceeded during the parioda when the Company is controlling the Customer's load.
(continued on Sheet No. 8.652)
Issued by: W. H. Brunetti, Executive Vice Pesldent
Effective: October 11, 1990
LIGHT COMPANY
(Continued from Shee~ No. 8.651)
Contro{ On-Peek Demand shnil be the Customer's hi~est demand [~r the designated on~eek periods dm'luff the
shall be thc greetes o~ the current mouth's den~md whenever it occm~ or the highest demand for th~ prior
Ail,hours established by the .Company during a monthly biili~g period in which the Customer's ~ is controlled. ~ _
.. Customer,s~demand during a Load Controt period exceeds the '~rm Demand' level spec/fled in the Customer's
^/reemeut with the Company, which is not suhsequeutly ndjusted in ao:ordanc~
with paraF~raph 7 of the aF~reement, the Customer will be:
Demand Charge for the
I) BHled the diiferenee between the F'u'm On-Peek Demand Char~ and thc Load Controf On-Peek
excess kw for the prior sixty (d0) mouths or the n~mber of months the Customer has been billed under the rate.s~m~iule,·
whichever is tess, and
2) Billed a penal~ charge per kw of exce~ kw for each month of rebllllng of SL00.
Exce~ k~v for rebllling and penalty charges is dete.~.r~ed by taking the difference between the mn~num demand during the Load
Control Period and the Customer's 'Firm Demand.
Service under this tote schedule shall continue, sub.iect to Limitation of AvailabBity, until terminated by either the Company or
the CusU~'nar upon writtun notice given at leest five years (5) prior to termination.
· · ' the Customer ~uid qunli~, may be
Trensfers, with less than ~ve years' written noUee, to any firm retad rate schedule f~r which ComlxmY'$ other
petnnitted i~ it can be shovm that such traesfer is in ti~e best interesm of the Customer, the Company and the
rntepa~,er~
-._ .,-a~ ~., o.,~ form from the Company, or decides to eegenetote to serve nil
If the Customer no longer wishes to recurve e~.~t~, .......... · . . . dn~pen~tnh~e
this rnte schedule at any time for the C~tomer'$ fafiore to complywith the terms and
Tha Company may terminate service under . . - '
conditinus of this tote scbedule, or the Commercnd/Indu.~a'ml Load Coutrof Progtom Agreement. Prior to any suct~ termmnt~on,
- ' to co~ply/Tha
at leust ninety (90) hays in advance and der~be the Customer's fnilure
the Company $hail not~. the Customer ~30-dny notice peri~ unle~ the Cu~mer takes
~ Coml~ny may then terminate serv~cu under this rate schedule at the end of the de,bed by the Company.
measures necessary~ to criminate, to the Company's satisfaction, the compliance deficiencies
............ at ~' ti~e dm'ina the 90-dny period, the Customer either r~ or
(Continued on Sheet NO. 8,653)
I~sued by: W. H. Brunetti, Executive Vice President
l~ffective: October Il, L990
(Continued fxom Sheet No. 8.652)
CHAROES FOR TRANSFERRING TO FIRIvl DEMAND OR TO FIR3{ OR CURTAILABLE SERVICE:
In th~ event that:
a) set, ice is terminated by the Company for any reason(s) enumerated under TEt~M OF SF_.3R. VIC~, or
b) the Ct~tomer transfet~ the controllable portion of the Cnstomer's load to "F'trm Dema~i" or to a firm or a curtailable
service rate scheduie without presiding at least five (5} yeara' advance written notice, or
c) there is a terminat~ of the Customer's existing serv/ce and, within twelve {12) mo~ths of such termination of setnnce, the
Company reeaivea a request to r¢-~stablish service under "F/tm Demand* or a eartaiinhle service rate schedule,
i) at a different location in the Company's service area, or
ii) under a different name or different ownership, or
iii) under other cu-CUrusmncea whuse effect would be to increase fi~m demand oa the Company's system without the
requisite five [5) years' advance written nolace.
then the Customer will be:
1. rebilled under the otherW~ applicable ~nn or curtailable service rate schedule for the shorter of (a) the m~t recent prior
sixty (60) months during which the Customer was billed for servlea under tl~ rate schedule, or (b) the number of months
the Customer has been billed under this ra~ schedule, and
2. billed a penalty charge of $1.00 per trW times the number of months rebflled in No- 1 ab°Ye fimea thc highest Load Contr°l
On-Peak Demand occurring during the current month or the prior twenty-thrae (23) months.
The Customer will not he rebllled under these ptx~isions if (A) it has been shoa, n tlmt such transfer of set-Ace is in the be~t
interests of the Custoa~r, the Company and thc Company's other ratcpnyors, or (B) the Customer is required to transfer to
another retail rate schedule a~ a re~uit of Commission Rule 25-6.0438, F.A.C-, or (C) the termination of set'vice under this rate
schedule is the result of either the Customer's cea~ng operations at its facility (without continuing operations eL~vhere in the
Company's service area), or a decision by the Customer to cogenerate tc serve all of the previously eantrolled Load Control On-
Peak Demand and to take interruptibin standby service from the Company.
SPECL~L
PROVISIONS:
1. Control of the Customer's load shall be accomplished through the load management system by use of control circuits
connected diractty to Customcr's switching equipment.
2. The Customer shall grant the Company reaaonable acc~a for installing, maintaining, inspecting, testing and/or removing
Company-owned load control equipment.
3. It shall he the ~ibllity of the Customer to determine that all electrical equipment to he controlled is in good repair
and working condition. The Company will not he re~pousible for the repair, maintenance or replacement of the Customer's
eiectrical equipment.
4, The Company is not required to install load control equipment if the installation eann~ be ec~l~micelly justified.
5. Billing under this schedule will commence after the installation, inspection and tasting of the load control equipment.
RULES AND REGULATIONS:
Sen4ce under this schedule is subject to orders of governmental bodies having ~urisdictioo and to the currently eff~'tiv~ 'C-enerai
Rules and Regulations for Electric Service* on file with the Florida Public Service Commissfom In case of conflict between any
provision of this schedule and said "General Rules and Regulations for Electric Service" the grcr~ion of th~ schedule shall apply.
Issued by: W. H. Brunetti, Executive Vice President
Effective: October l[~/990