Amendment No. 1 to Common Facilities Agreement among Montana Power, Puget Sound Power, Washington Water Power, Portland General Electric, and PacifiCorp

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Summary

This amendment updates the Common Facilities Agreement originally signed in 1981 by several utility companies, including The Montana Power Company, Puget Sound Power and Light Company, The Washington Water Power Company, Portland General Electric Company, and PacifiCorp. The amendment revises definitions, cost allocation methods, and the agreement's term, and replaces certain sections and exhibits. It clarifies how costs for construction, operation, and maintenance of shared facilities are divided among the parties. The agreement remains in effect as amended, with specific provisions surviving until related agreements expire.

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EX-10.6.B 28 y41907ex10-6_b.txt AMENDMENT TO THE COMMON FACILITIES AGREEMENT 1 Exhibit 10.6(b) AMENDMENT NO. 1 TO THE COMMON FACILITIES AGREEMENT This Amendment No. 1, dated as of January 21, 1992, is made to that certain Common Facilities Agreement entered into as of May 6, 1981, by THE MONTANA POWER COMPANY, PUGET SOUND POWER AND LIGHT COMPANY, PUGET COLSTRIP CONSTRUCTION COMPANY, THE WASHINGTON WATER POWER COMPANY, PORTLAND GENERAL ELECTRIC COMPANY, and PACIFIC POWER AND LIGHT COMPANY. 1. All terms defined in the Common Facilities Agreement shall have the same meanings when used in this Amendment No. 1. 2. The Common Facilities Agreement is hereby amended, effective as of May 6, 1981, as follows: a) The first paragraph of Page 1 of the Common Facilities Agreement is deleted and the following paragraph is inserted in lieu thereof: "This Agreement is made as of the 6th day of May, 1981, by and between the following parties: THE MONTANA POWER COMPANY, a Montana corporation ("Montana"); PUGET SOUND POWER AND LIGHT COMPANY, a Washington corporation ("Puget"); THE WASHINGTON WATER POWER COMPANY, a Washington corporation ("Water Power"); PORTLAND GENERAL ELECTRIC COMPANY, an Oregon corporation ("Portland"); and PACIFIC POWER AND LIGHT COMPANY, now PACIFICORP, an Oregon corporation ("Pacific"):" b) Subsection 1(f) is deleted and the following Subsection is inserted in lieu thereof: "(f)" "Owners" means Montana, Puget, Water Power, Portland, and Pacific, and shall include their successors and assigns of an ownership interest in the Project or any part thereof." c) Section 2 is deleted and the following Section is inserted in lieu thereof: "2. TERM This agreement shall be effective and binding when executed by Montana, Puget, Water Power, Portland and Pacific. This agreement shall continue until the end of (a) the term of the #1 and #2 Owners Agreement or (b) the term of the #3 and #4 Owners Agreement; whichever occurs first, provided, however, that Section 10 hereof shall survive until the end of the term of 2 both the #1 and #2 Owners Agreement and the #3 and #4 Owners Agreement." d) Section 5 is deleted and the following section is inserted in lieu thereof: "5. COST ALLOCATION The costs of construction, operation and maintenance of the Common Facilities shall be allocated between the Colstrip Units #1 and #2 and Colstrip Units #3 and #4 in the portion provided in Exhibit A to this amendment, as modified from time to time. The costs of construction of these agreed Common Facilities were negotiated and settled between Colstrip Units #1 and #2 and Colstrip Units #3 and #4 and resulted in a payment of $5,340,213 which includes carrying charges to May 1, 1989, to the Colstrip #1 and #2 Owners by Portland, Water Power, and Pacific. This settlement also recognizes Puget's and Montana's share of Units #3 and #4. A Committee may at any time propose to the Committees a revised method of allocating operation and maintenance costs which it believes is more equitable than the initial allocation herein provided. Each Committee shall use every effort in good faith to negotiate such revised method of allocating operation and maintenance costs and shall proceed under Section 9 if such effort does not result in agreement." e) To Section 13, add the following: "(e) Exhibit A, attached to this Amendment No. 1, is substituted for Exhibit A referenced in Section 3, Section 5 and Section 7(b). 3. The Common Facilities Agreement, as amended by this Amendment No. 1, remains in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 is several counterparts. THE MONTANA POWER COMPANY By /s/ G. H. Van Hoy ------------------------------------- Its ____________________________________ ATTEST: /s/ [ILLEGIBLE] - ------------------------ Asst. Secretary 3 PUGET SOUND POWER AND LIGHT COMPANY By /s/ [ILLEGIBLE] ------------------------------------- Its Vice President Power Systems ------------------------------------ ATTEST: /s/ [ILLEGIBLE] - ------------------------ Asst. Secretary THE WASHINGTON WATER POWER COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PORTLAND GENERAL ELECTRIC COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PACIFICORP, doing business as PACIFIC POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Corporate Secretary 4 PUGET SOUND POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary THE WASHINGTON WATER POWER COMPANY By /s/ [ILLEGIBLE] ------------------------------------- Its VICE PRESIDENT POWER SUPPLY ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PORTLAND GENERAL ELECTRIC COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PACIFICORP, doing business as PACIFIC POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Corporate Secretary 5 PUGET SOUND POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary THE WASHINGTON WATER POWER COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PORTLAND GENERAL ELECTRIC COMPANY By /s/ Peggy Y. Fowler ------------------------------------- Its Vice President of Power Products ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PACIFICORP, doing business as PACIFIC POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Corporate Secretary 6 PUGET SOUND POWER AND LIGHT COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary THE WASHINGTON WATER POWER COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PORTLAND GENERAL ELECTRIC COMPANY By ------------------------------------- Its ------------------------------------ ATTEST: - ------------------------ Asst. Secretary PACIFICORP, doing business as PACIFIC POWER AND LIGHT COMPANY By /s/ William C. Brauer ------------------------------------- Its Vice President ------------------------------------ ATTEST: /s/ Sally A. Nofziger - ------------------------ Corporate Secretary 7 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ----------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ----------------------------------------------------------------------- 1. Sewer System x -- .3186 .6814 x -- .3868 .6132 2. Fire Protection Common Areas and System Installed by Fire Pumps Shared Units #1 & #2 x -- .9500 .0500 x -- .3186 .6814 (Allowance for #3 & No Sharing For #4 Connection) Other Areas 3. Fire Pump & Fire Common Areas And Protection System Fire Pumps Shared Installed by Units -- x -- 1.0000 -- -- .3186 .6814 #3 & #4 No Sharing For Other Areas 4. Garage & Warehouse (Units #1 & #2) x -- .5000 .5000 x -- .4208 .5792 5. Meteorological Structures x -- .5000 .5000 x -- .5000 .5000 6. Air Quality Monitor- ing Structures (Excluding Indian x -- .5000 .5000 x -- .5000 .5000 Reservation) 7. Coal Handling Crew Facilities (Units #1 & #2) x -- .5000 .5000 x -- .3243 .6757 8. Portable Dredge x -- .5000 .5000 x -- .5000 .5000 9. Diesel Fuel Storage x x .5000 .5000 -- -- .4208 .5792 10. Gasoline Storage x -- .5000 .5000 x -- .4208 .5792 11. Waste Oil Storage -- x .5000 .5000 -- x .4208 .5792 12. 115 kV Start-up Transmission Line (Switchyard to x -- .5000 .5000 x -- .4208 .5792 Common Connection) 13. Truck Scale x -- .5000 .5000 x -- .5000 .5000
-1- 8 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ----------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ----------------------------------------------------------------------- 14. Fly Ash Pond Pump House (Excluding x -- .6000 .4000 x -- 1.0000 .0000 Process Equipment 15. Drainage and Runoff x -- .3200 .6800 x -- .3200 .6800 Retention 16. River Pumping Station & Facility (Including): a. Intake Canal & x -- .3186 .6814 x -- .3186 .6814 Structure b. Pumps (Excluding Labor) Furnished x -- .6593 .3407 x -- .3186 .6814 by Units #1 & #2 c. Other Mechanical (Excluding Pumps but Including Labor & Electrical Equipment Furnished by Units #1 & #2 x -- .5000 .5000 x -- .3186 .6814 d. Cyclone & Auxil. Pump at River -- x .3816 .6814 x .3816 .6814 e. River Pumps, Other Mechanical & Elec. Equip. Furnished x .0000 1.0000 -- .3816 .6814 by Units #3 & #4 17. Coal Handling Fac. Including: a. Concrete Tunnel x -- .5000 .5000 x -- ( ) ( ) b. Receiving Hoppers x -- .5000 .5000 x -- (l.0000) ( ) c. Conveyor #6 x -- .5000 .5000 x -- ( of ) (Billed) d. Sampler x -- .7140 .2860 x -- (normal) ( as ) e. Dust Collectors (costs) ( used ) #2 & #3 x -- .9000 .1000 x -- ( ) ( )
-2- 9 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ----------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ----------------------------------------------------------------------- 18. Surge Fond Structure and Equipment Including: a. Pond x -- .3186 .6814 x -- .3186 .6814 b. Structures x -- .3186 .6814 x -- .3186 .6814 c. Mechanical and Electrical Equip. Furnished by x -- .6593 .3407 x -- .3186 .6814 Units #1 & #2 d. Mechanical and Electrical Equip. Furnished by -- x .0000 1.0000 -- -- .3186 .6814 Units #3 & #4 e. Cutoff Wall #1 x -- .3186 .6814 x -- .3186 .6814 f. Cutoff Wall #2 x -- .3186 .6814 x -- .3186 .6814 g. Surge Pond Control Cable -- x .3186 .6814 x -- .3186 .6814 Replacement 19. Environmental Lab in Scrubber Area -- x .5000 .5000 -- x .4208 .5792 20. Converted Construction -- x .2000 .8000 -- x .2000 .5000 Buildings 21. #1 & #2 Adam. Bldg. x -- .5000 .5000 x -- .5000 .5000 22. #3 & #4 Adam. Bldg. -- x .3000 .7000 -- x .3000 .7000 Includes: a. Repair Shop b. Telephone Room c. Electric Shop d. Chem Lab
-3- 10 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ----------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ----------------------------------------------------------------------- Excludes: a. Aux Boiler b. Heating Boiler c. Water Treatment Area 23. Machine Shop, I&C Shop. & Chem Lab x -- .5000 .5000 x -- .4208 .5792 (Units #1 & #2) 24. New Warehouse and x x .4000 .6000 x x .4000 .6000 Offices 25. Environmental Bldg. x x .4000 .6000 x x .4000 .6000 26. Paving Parking x x .3186 .6814 -- -- .4208 .5792 Areas & Roads 27. Plant Security & x x .3186 .6814 -- -- .4208 .5792 Fencing 28. Yard Lighting x x .3186 .6814 -- -- .4208 .5792 29. Telephone Equipment x x .3168 .6814 -- -- .4208 .5792 30. Plant Landscaping x x .3186 .6814 -- -- .4208 .5792 31. Cathodic Protection for River Pipeline x x .3156 .6814 -- -- .3186 .6814 32. ATR -- x .3186 .6814 -- -- .3186 .6814 33. River Water Pipeline to Surge Pond Furnished by x -- .8632 .1368 x -- .3186 .6814 Units #1 & #2 34. River Water Pipeline to Surge Pond Furnished by -- x .0000 1.0000 -- -- .3186 .6814 Units #3 and #4 35. North Plant -- x .3186 .6814 -- x .3186 .6814 Sediment Pond
-4- 11 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ---------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ---------------------------------------------------------------------- 36. Computer Capitalized x x .3186 .6814 -- -- .4208 .5792 Facilities 37. Gas Bottle Storage x x .3186 .6814 -- -- .4208 .5792 Rack 38. All Vehicles Costs of Owner- Identified on the ship & 0&M Based Colstrip Project on Actual Use. Division Vehicle Replacements Roster with an Based on: Assigned Number x x .5000 .5000 -- -- .3868 .6132 from 3700 to 3999 39. Major Mobile Equip- ment as Identified Costs of Owner- on the Colstrip ship & O&M Based Project Division on Actual Use. Equipment Roster Replacements with an Assigned Based on: Number from 4000 x x .5000 .5000 -- -- .4208 .5792 4099 40. Miscellaneous portable & mobile Costs of Owner- equipment on the ship & O&M Based Colstrip Project on Actual Use. Division Equipment Replacements Roster with an Based on: Assigned Number x x .5000 .5000 -- -- .4208 .5792 from 4200 to 4399 41. Machine Shop Equip. x x .5000 .5000 x x .4208 .5792 42. Scaffolding x x .5000 .5000 -- -- .4208 .5792 43. Warehouse Equipment as Identified on the Colstrip Project Division Equipment Roster with an Assigned Number x x .5000 .5000 -- -- .4208 .5792 from 4400 to 4499
-5- 12 REVISED 6/25/90 EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
--------------------------------------- Cost Allocations Per Article 5 - -------------------------------------------------------------------------------------------------- Original Costs To Future Costs Of Facility Be Reallocated Replacement, Own- Facility Ownership As Per Columns ership, & O&M To Originally Allocation To Left) By Shared On Follow- Funded (Per Article 3) Payment ing Fractional By Product: To Project: To Project: Basis By Project: ---------------------------------------------------------------------- FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4 - -------------------- ---------------------------------------------------------------------- 44. Laboratory and x x .5000 .5000 -- -- .4208 .5792 Special Test Equip. 45. Furniture x x .3868 .6132 -- -- .3868 .6132 46. Land as Described in Exhibit B x -- .3186 .6814 x -- .3186 .6814 attached hereto
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