[Ord. No. 6739, § 1, 5-7-1981]
Applications will be received from those customers who are within
the service area of the Kirkwood Electric Department (hereafter, "Department")
and adjacent to its electrical lines and who agree to design, construct,
own, operate and maintain in accordance with prudent utility practice
and the standards established by this division, a cogeneration facility
and who desire to sell surplus electrical energy or desire to purchase
electrical energy as a supplement to that energy produced by a cogeneration
facility (hereinafter described as a "qualifying facility," or "customer").
[Ord. No. 6739, § 2, 5-7-1981]
The Department shall purchase the surplus electrical energy
of a qualifying facility at electrical rates as outlined as a part
of this division, which are represented to be the costs that are avoided
by the Department by its power otherwise purchased and generated for
the Department.
[Ord. No. 6739, § 12, 5-7-1981]
For electrical power received, the City shall pay a qualifying
facility the rates then in effect and charged to the City of Kirkwood
by Union Electric for the purchase of electrical energy which is the
normal net cost of electric power to the City of Kirkwood, and will
be increased or decreased, based upon the increased or decreased cost
to the City of Kirkwood.
[Ord. No. 6739, § 3, 5-7-1981]
The Department shall sell the supplemental energy to a qualifying
facility as it is within the capability of such Department and at
the regular established rates established by such Department.
[Ord. No. 6739, § 4, 5-7-1981]
A qualifying facility, before being connected to the Department's
system, shall meet the following provisions and requirements:
(a)
Provide an expected service date to the Department.
(b)
Provide a complete description of the proposed generating facility,
including its location, source of fuel, nameplate data of principal
components and drawings and exhibits that describe the size, character
and continuity of service and the location of the generating facility.
(c)
Provide the character of service of the generating facility, including
the proposed electrical current, frequency (hertz), voltage, number
of phases, size of all electrical wire to be used in the generating
facility installation.
(d)
Provide the equipment and facilities to meet the requirements for
metering and protective controls as described in this division.
(e)
Provide certification of compliance with all other legal requirements
of the generating facility installation and the emissions therefrom.
[Ord. No. 6739, § 5, 5-7-1981]
The qualifying facility shall furnish, install, operate and
maintain facilities such as relays, switches, synchronizing equipment,
control and protective devices designated by the Department as suitable
for parallel operation with the municipal system. Such facilities
shall be accessible at all times to authorized Department personnel.
[Ord. No. 6739, § 6, 5-7-1981]
The Department shall have the right to inspect the qualifying
facility's electric generating facilities, to conduct such operating
tests as are necessary to ascertain that the protective devices function
properly; to review any data collected from such facilities at all
reasonable times, and to independently monitor the aforesaid system.
[Ord. No. 6739, § 7, 5-7-1981]
The Department reserves the right to curtail services without
liability to the qualifying facility, for necessary maintenance, to
effectuate repairs on its systems, equipment or facilities of for
protection of persons or property or to make such other arrangements
as may be required to enable the Department to restore service. The
Department shall endeavor to give the qualifying facility such notice
as is reasonably practical in the circumstances.
[Ord. No. 6739, § 8, 5-7-1981]
The qualifying facility shall agree to install and maintain
in a thoroughly safe and efficient manner, and in accordance with
good electrical practice and all applicable lawful regulations, all
of its lines, wiring, apparatus, machinery and appliances connected
to the Department's system. If at any time any part of the qualifying
facility's lines, wiring, apparatus, machinery or appliances shall
be in a condition which interferes with the Department's service to
its other customers, the Department may discontinue service to the
qualifying facility until such interfering parts shall be put back
in safe and proper operating condition, or shall have been replaced
or disconnected. Unless emergency or the risk of an emergency is imminent,
the Department shall give reasonable notice of its intention to discontinue
purchases from or service to the qualifying facility on account of
any such claimed interference and where practical suitable time for
repair or replacement of any such claimed interfering facility. Suspension
shall not relieve the qualifying facility of his, her or its other
obligations hereunder.
[Ord. No. 6739, § 10, 5-7-1981]
The Department shall install, own, maintain and test the meters
and associated equipment (hereinafter called "meters") which in the
Department's judgment are needed to determine the amounts and time
of delivery of power and energy. However, in the event this agreement
is terminated, the qualifying facility will pay the Department promptly
upon receipt of statement the cost, including all applicable overheads
of retiring the meters and the undepreciated portion of the actual
cost of installing the meters.
[Ord. No. 6739, § 9, 5-7-1981]
Neither the Department nor the qualifying facility shall be
considered to be in default in respect to any obligation hereunder,
other than the obligation of a party to make payments of amount due
another party under this division, if failure of performance shall
be due to uncontrollable forces; the term "uncontrollable forces"
meaning any cause beyond the control of the party affected, including,
but not limited to, failure of facilities, flood, earthquake, storm,
fire, lightning, epidemic, war, riot, civil disturbance, sabotage,
inability to obtain rights-of-way, permits, licenses and authorizations
from any local, state or federal agency or person for any of the facilities
or equipment required to provide service hereunder, and restraint
by court or public authority, which by exercise of due foresight such
party could not reasonably have been expected to avoid, and which
by the exercise of due diligence it is unable to overcome. A party
shall not, however, be relieved of liability for failure of performance
if such failure is due to removable or remediable causes which it
fails to remove or remedy with reasonable dispatch.
[Ord. No. 6739, § 11, 5-7-1981]
The qualifying facility shall (a) indemnify the City of Kirkwood,
its agents and employees against loss, damage, expense and all liability
resulting from injury or death of any person or persons, including
but not limited to Kirkwood employees or customers, or damage to property,
including but not limited to property of the City or customer, resulting
from, arising out of or in any way connected with the installation,
inspection, maintenance, testing and use of the generator and, on
the City's request, defend any suit asserting a claim covered by this
indemnity and (b) reimburse the City of Kirkwood for all loss, expenses,
including reasonable attorney's fees, incurred in consequence with
any claim, demands or cause of action which may be made or brought
against the City of Kirkwood arising out of or in any way connected
with the use of the equipment. The obligation of the qualifying facility
under this section, accrued or not, then known or unknown, shall be
continuing as to any act, occurrence, or omission occurring prior
to or following the termination of this division.
The Department's approval of the customer's use of the equipment
shall not be construed as confirming or endorsing the design or effectiveness
of the equipment or the qualifying facility's plan for use of the
equipment for actual reducing demand or energy usage, or as any warranty
of the safety, durability or reliability of the equipment.
