Appendix D - BC Hydro - Transmission

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usiness or financial relationships with any party to the arbitration (except priorarbitration). The arbitrator(s) shall provide each of the Parties an opportunity to be heardand, except as otherwise provided herein, shall conduct the arbitration in accordance withthe Commercial Arbitration Rules of the American Arbitration Association ("ArbitrationRules") and any applicable FERC regulations or RTO rules; provided, however, in theevent of a conflict between the Arbitration Rules and the terms of this Article 27. , theterms of this Article 27. shall prevail.27.3 Arbitration Decisions. Unless otherwise agreed by the Parties, the arbitrator(s) shallrender a decision within ninety (90) Calendar Days of appointment and shall notify theParties in writing of such decision and the reasons therefor. The arbitrator(s) shall beauthorized only to interpret and apply the provisions of this LGIA and shall have nopower to modify or change any provision of this Agreement in any manner. The decisionof the arbitrator(s) shall be final and binding upon the Parties, and judgment on the awardmay be entered in any court having jurisdiction. The decision of the arbitrator(s) may beappealed solely on the grounds that the conduct of the arbitrator(s), or the decision itself,violated the standards set forth in the Federal Arbitration Act or the AdministrativeDispute Resolution Act. The final decision of the arbitrator must also be filed with FERCif it affects jurisdictional rates, terms and conditions of service, Interconnection Facilities,or Network Upgrades.27.4 Costs. Each Party shall be responsible for its own costs incurred during the arbitrationprocess and for the following costs, if applicable: (1) the cost of the arbitrator chosen bythe Party to sit on the three member panel and one half of the cost of the third arbitratorchosen; or (2) one half the cost of the single arbitrator jointly chosen by the Parties.Article 28Article 28. . Representations, Warranties and Covenants28.1 General. Each Party makes the following representations, warranties and covenants:28.1.1 Good Standing. Such Party is duly organized, validly existing and in goodstanding under the laws of the statejurisdiction in which it is organized,formed, or incorporated, as applicable; that it is qualified to do business in thestate or states in which the Large Generating Facility, InterconnectionFacilities and Network Upgrades owned by such Party, as applicable, arelocatedBritish Columbia; and that it has the corporate power and authority toown its properties, to carry on its business as now being conducted and to enterinto this LGIASGIA and carry out the transactions contemplated hereby andperform and carry out all covenants and obligations on its part to be performedunder and pursuant to this LGIASGIA.28.1.2 Authority. Such Party has the right, power and authority to enter into thisLGIASGIA, to become a party hereto and to perform its obligations hereunder.This LGIASGIA is a legal, valid and binding obligation of such Party,enforceable against such Party in accordance with its terms, except as theenforceability thereof may be limited by applicable bankruptcy, insolvency,reorganization or other similar laws affecting creditors' rights generally and by- 61 -DM_VAN/BCT0007-BCT00129/6206155.10
general equitable principles (regardless of whether enforceability is sought in aproceeding in equity or at law).28.1.3 No Conflict. The execution, delivery and performance of this LGIASGIAdoes not violate or conflict with the organizational or formation documents, orbylaws or operating agreement, of such Party, or any judgment, license,permit, order, material agreement or instrument applicable to or binding uponsuch Party or any of its assets28.1.4 Consent and Approval. Such Party has sought or obtained, or, in accordancewith this LGIASGIA will seek or obtain, each consent, approval, authorization,order, or acceptance by any Governmental Authority in connection with theexecution, delivery and performance of this LGIASGIA, and it will provide toany Governmental Authority notice of any actions under this LGIASGIA thatare required by Applicable Laws and Regulations.Article 29Article 29. . Joint Operating Committee29.1 Joint Operating Committee. Except in the case of ISOs and RTOs, TransmissionProvider shall constitute a Joint Operating Committee to coordinate operating andtechnical considerations of Interconnection Service. At least six (6) months prior to theexpected Initial Synchronization Date, Interconnection Customer and TransmissionProvider shall each appoint one representative and one alternate to the Joint OperatingCommittee. Each Interconnection Customer shall notify Transmission Provider of itsappointment in writing. Such appointments may be changed at any time by similarnotice. The Joint Operating Committee shall meet as necessary, but not less than onceeach calendar year, to carry out the duties set forth herein. The Joint OperatingCommittee shall hold a meeting at the request of either Party, at a time and place agreedupon by the representatives. The Joint Operating Committee shall perform all of itsduties consistent with the provisions of this LGIASGIA. Each Party shall cooperate inproviding to the Joint Operating Committee all information required in the performanceof the Joint Operating Committee's duties. All decisions and agreements, if any, made bythe Joint Operating Committee shall be evidenced in writing. The duties of the JointOperating Committee shall include the following:29.1.1 Establish data requirements and operating record requirements.29.1.2 Review the requirements, standards, and procedures for data acquisitionequipment, protective equipment, and any other equipment or software.29.1.3 Annually review the one (1) year forecast of maintenance and planned outageschedules of Transmission Provider's and Interconnection Customer's facilitiesat the Point of Interconnection.29.1.4 Coordinate the scheduling of maintenance and planned outages on theInterconnection Facilities, the Large Generating Facility and other facilitiesthat impact the normal operation of the interconnection of the LargeGenerating Facility to the Transmission System.- 62 -DM_VAN/BCT0007-BCT00129/6206155.10
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TABLE OF CONTENTS(continued)PageSec
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TABLE OF CONTENTSPageSection 1.Defi
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Effective Date shall mean the date
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Provider's Transmission System. Int
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sale to third parties or otherwise
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2.3 Base Case Data.Transmission Pro
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3.3 Valid Interconnection Request.L
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Interconnection Requests that have
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4.2 Clustering.At Transmission Prov
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4.4.1 Permitted Modifications Befor
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as of the effective date of this LG
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6.3 Interconnection Feasibility Stu
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case of Clustering, the Interconnec
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Transmission Provider may invoice I
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interconnection, which cannot be mi
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11.2 Negotiation.Notwithstanding Se
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completion of Network Upgrades that
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ecomes, publicly known, through no
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a state regulatory body conducting
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of such third party study. Such thi
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Unless otherwise provided in these
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6. Applicable deposit amount as spe
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FIELD TIME CONSTANT DATA (SEC)Open
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GENERATOR STEP-UP TRANSFORMER DATA
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TABLE OF CONTENTSPageINDUCTION GENE
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Request pursuant to Section 4.4, th
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ASSUMPTIONS USED IN CONDUCTING THEI
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3.0 The scope of the Interconnectio
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IN WITNESS THEREOF, the Parties hav
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NOW, THEREFORE, in consideration of
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Attachment B To Appendix 3Combined
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Bus length from generation to inter
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may be required to provide transmis
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Document comparison done by DeltaVi
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TABLE OF CONTENTSPageTABLE OF CONTE
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TABLE OF CONTENTS(continued)Page- i
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TABLE OF CONTENTS(continued)PageART
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TABLE OF CONTENTS(continued)Page28.
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STANDARD LARGE GENERATOR INTERCONNE
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Confidential Information shall mean
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taxing authority or power; provided
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Joint Operating Committee shall be
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usiness relationship between Interc
Page 92 and 93: 2.3.4 2.3.3 Notwithstanding Article
Page 94 and 95: 4.1.1.2 Transmission Delivery Servi
Page 96 and 97: Customer's Large Generating Facilit
Page 98 and 99: Milestones; Transmission Provider s
Page 100 and 101: (11) Interconnection Customer shall
Page 102 and 103: time, request a progress report fro
Page 104 and 105: normal operation of the Granting Pa
Page 106 and 107: epresentation in clause (iii), abov
Page 108 and 109: service, (i) Interconnection Custom
Page 110 and 111: 5.17.9 Taxes Other Than Income Taxe
Page 112 and 113: 6.3 Right to Observe Testing. Each
Page 114 and 115: 8.2 Remote Terminal Unit. Prior to
Page 116 and 117: 9.6.2.1 Governors and Regulators. W
Page 118 and 119: The following provisions shall appl
Page 120 and 121: with the protective requirements of
Page 122 and 123: operating, maintaining, repairing,
Page 124 and 125: if any, created by the Network Upgr
Page 126 and 127: esolution of such dispute. If Inter
Page 128 and 129: 13.6 Interconnection Customer Autho
Page 130 and 131: Breach, the non-breaching Party sha
Page 132 and 133: 18.3.1 Employers' Liability and Wor
Page 134 and 135: Customer shall have the right to as
Page 136 and 137: waiver by either Party or any other
Page 138 and 139: Article 23Article 23. . Environment
Page 140 and 141: with the provisions of this LGIASGI
Page 144 and 145: 29.1.5 Ensure that information is b
Page 146 and 147: LGIA shall limit the rights of the
Page 148 and 149: Appendix B to LGIASGIAMilestones- 6
Page 150 and 151: Appendix D to LGIASGIASecurity Arra
Page 152 and 153: Appendix FE to LGIASGIAAddresses fo
Page 154 and 155: Section IV of Annex A thereof, and,
Page 156 and 157: Appendix G to SGIADispute Resolutio
Page 158 and 159: Appendix H to SGIATransmission Owne
Page 160: Document comparison done by DeltaVi
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Appendix D - BC Hydro - Transmission

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