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HomeMy WebLinkAboutPG&E (3)Pacific Cas and Electric Company' June 6, 2005 Breene Kerr Los Altos Hills (Town Hall) 26379 W Fremont Rd Los Altos Hills, CA 94022 JUN 10 2005 TOWN OF LOS ALTOS HILLS Generation Interconnection Services Subject: Permission to Operate Account No. 4405682412 Generator Log No. 50SO430 Date of Field Inspection & Authorization: June 6, 2005 Rate Schedule: ATOS Dear Breene Kerr: 245 Market Street, 7th Floor San Francisco, CA 94105.1702 Mailing Address Mail Code N7L Pacific Gas and Electric Company P.O. Box 770000 San Francisco, CA 94177.0001 This letter constitutes "express written permission" to operate your 30 kW photovoltaic generating system installed at 26379 W Fremont Rd in Los Altos Hills, in parallel with Pacific Gas and Electric Company's electric distribution system. As you are aware, such "express written permission" is required under PG&E's Electric Rule 21 and your Interconnection Agreement with PG&E. PG&E's authorization for you to operate your facility is subject to all the terms and conditions of Rule 21, your Interconnection Agreement, and any other applicable rules, tariffs, laws, and regulations. These include, but are not limited to, the following: 1. Pursuant to Rule 21 section B.5, PG&E's authorization to operate "shall not be construed as confirming or endorsing [your] design or as warranting the Generating and/or Interconnection Facilities' safety, durability, or reliability.... [and] PG&E shall not ... be responsible for the strength, adequacy, or capacity of such equipment." 2. You are also responsible to notify PG&E if you make material changes to your generating apparatus or equipment. This authorization to operate does not extend to any such materially changed generating facilities and applies only to the facilities described in your application for interconnection and your Interconnection Agreement. If you have any questions, please call me at (415) 973-2284 Sincerely, Francisco Salguero ENET Supervisor, Interconnection Services INTERCONNECTION AGREEMENT FOR NET ENERGY tiMETERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1 000 KILOWATTS OR Electric `omy.,, LESS. OTHER THAN RESIDENTIAL OR SMALL lf,�l -- COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS This "Interconnection Agreement for Net Energy Metering of Solar or Wind Electric Generating Facilities of 1,000 Kilowatts or Less Other Than Residential or Small Commercial Facilities of 10 Kilowatts or Less" ("Agreement")1 is entered into by and between ("Customer -Generator"), and Pacific Gas and Electric Company (PG&E"), a California Corporation. Customer -Generator and PG&E are sometimes also referred to in this Agreement jointly as "Parties" or individually as "Party." In consideration of the mutual promises and obligations stated in this Agreement and its attachments, the Parties agree as follows: SCOPE AND PURPOSE This Agreement provides for Customer -Generator to interconnect and operate a Generating Facility in parallel with PG&E's Distribution System to serve the electrical loads connected to the electric service account that PG&E uses to interconnect Customer -Generator's Generating Facility. Customer -Generator's Generating Facility is intended primarily to offset part or all of the Customer -Generator's own electrical requirements. Consistent with, and in order to effectuate, the provisions of Sections 2827, 2827.7 and 2827.8 of the California Public Utilities Code and PG&E's electric rate Schedule E -NET ("E -NET"), Parties enter into this Agreement. This Agreement applies to the Customer -Generator's Generating Facilities identified below with the, specified characteristics and generating capacity, and does not allow interconnection or operation of facilities different than those described. 2. SUMMARY AND DESCRIPTION OF CUSTOMER -GENERATOR'S GENERATING FACILITY AND DESIGNATION OF OTHERWISE -APPLICABLE RATE SCHEDULE 2.1 A description of the Generating Facility, including a summary of its significant components and a single -line diagram showing the general arrangement of how Customer -Generator's Generating Facility and loads are interconnected with PG&E's Distribution System, is attached to and made a part of this Agreement. (This description is supplied by Customer -Generator as Appendix A). 2.2 Generating Facility identification number: 50504-30 (/Assigned by PG&E) 2.3 Customer -Generator's electric service account number: US t 8 a41 �kssigned by PG&E) 2.4 Name and address used by PG&E to locate the electric service account used to interconnect the Generating Facility with PG&E's Distribution System: Name: Address: G ; 7 °t G}r.��.� { tib cC City/Zip Code: Ls 0,5 (t( CA 14 o L -e, Additional forms are available upon request by telephoning 415-972-5676 or on PG&E's.... . _... . website at http://wvvw.pge.com/,gen). Form 79-978 Tariffs and Compliance Revised November 6,2003 Effective January 1,,2003 Advice 237$-E-13 JUN. 1.2UU7 7 2Ur1vl IUWN U` l.US ALIUS HILLS N0. 8390 P. 2 I141'ERM-NNEGTION AGREEME=NT FOR NET EN!:Ray METERING OF soLA.R OR 1MfVD Et 1=C7R1G' - GENERATING FACILITIES OF 7,000 KILOWATTS OR LEsS, OTHER THAN 11E5IDENTIAL OR SMALL COMMERCIAL FAGILITiES OF 10 KILOWA- T5 OR LsgS - 2.5 interconnected Equipment: List of generating equipment.interconrhected with, or without, an InVeNer to PG&E, (For those generators, interconnecting without an inverter, write In "NIA' in the right three columns. !f ars inverter Is •shared by m6re than one generator, Write °shared" on the same line as that generator under -the manufacturer column and do not: enter the inverter' rating, Attach list of additional egUipment, if applicable,) 2.6 CustOmef-Gen'erator's otherwise=appllcabie ratesohiedule uridr~r .the provisions of Schedule E -NET will be (Eligible Wind Energy lob-Metedrig Customer -Generators must ba on a time -of use rate scheddle. See Special Condition 5 of -the E -NET tariff.) 2.7 The Generating Facility's expected date of 161lial Operation Is j - 05' The expepted date of Initial Operation ;shall be within two years of the date of this Agreement. 2,8 If the data or the permits allowing the CustomeP-Generator 'to' commence construction of the Generating Facility is prior to January 1, 2003, please provide the date the permits were issued; ------------ 3 if installing an inverter, the inverter rating equals: (the CEG efficiency for each'installed inverter) TIMES (the nameplate rating, in kW, of each inverter). The GEC efficiency Is obtained on the GEC website at http;llwww.consumeriBnergycenterorglerprabate/eligible inverters.html as listed on the data the application is reviewed, Enter the total of all inverter ratin in the Table above. gs for multiple Inverter installations Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 2 Advice 2373-E-5 INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS 3. DOCUMENTS INCLUDED AND DEFINED TERMS 3.1 This Agreement includes the following exhibits that are specifically incorporated herein and made a part of this Agreement. Appendix A Description of Generating Facility and Single -Line Diagram (Supplied by Customer -Generator). Appendix B A Copy of PG&E's Agreement for Installation or Allocation of Special Facilities (Forms 79-255, 79-280, 79-702) or Agreements to Perform Any Tariff Related Work (62-4527), if applicable (Formed by the Parties). In addition, PG&E Electric Tariff Rules and Rates, including but not limited to Electric Rules 2, 14, 15, 16, and 21, Schedule E -NET, and Customer -Generator's otherwise - applicable rate schedule, available at PG&E's website at www.pge.com or by request, are specifically incorporated herein and made part of this Agreement, 3.2 When initially capitalized, whether in the singular or in the plural, the terms used herein shall have the meanings assigned to them either in this Agreement or in PG&E's Electric Rule 21, Section H. 4. CUSTOMER BILLING AND PAYMENT Customer -Generators Other Than Wind Energy Co -Metering Customer Generators Except as otherwise provided for eligible Wind Energy Co -Metering Customer -Generators covered in Special Condition 5 of the E -NET tariff, Customer -Generator initially selects PG&E's electric rate schedule referenced in Section 2.6 of this Agreement as its otherwise - applicable rate schedule. Customer -Generator understands: Customer -Generator will be billed and is required to pay monthly for all applicable charges due under Customer -Generator's otherwise -applicable rate schedule, unless Customer - Generator is a residential or small commercial customer. If Customer -Generator is a residential or small commercial customer, the Customer -Generator may pay annually for energy charges and will only be required to pay monthly for all non -energy charges (i.e., non - per -kilowatt-hour charges).. At the end of every twelve (12) month period, or other reconciliation period as provided in Schedule E -NET, the Customer -Generator's charges will be totaled, including the monthly non -energy charges and the charge for any net -energy consumption as defined in Schedule E -NET. The Customer -Generator's total payments for the twelve (12) months or other reconciliation period as provided in Schedule E -NET will then be subtracted from the total charges. The Customer -Generator will then be billed for any balance due. If the Customer - Generator has overpaid for the energy it consumed, a credit will be applied to the next month's bill. Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B 3 INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS Wind Energy Co -Metering Customer -Generators The eligible Wind Energy Co -Metering Customer -Generator with wind energy Generating Facilities greater than 50 kilowatts (kW) but not exceeding 1,000 kW initially selects a time - of -use electric rate schedule referenced in Section 2.6 of this Agreement as its otherwise - applicable rate schedule. The Customer -Generator understands: Subject to Special Condition 2 of the E -NET tariff, the generation of electricity provided to PG&E by a Wind Energy Co -Metering Customer -Generator shall result in a credit to the eligible Customer -Generator priced in accordance with the generation component of the energy charge,of the eligible Customer -Generator's otherwise -applicable rate schedule for the account, excluding generation surcharges from Schedule E -EPS and any other surcharges to cover the purchase of power by the Department of Water Resources. All electricity supplied to the Wind Energy Co -Metering Customer -Generator by PG&E shall be priced in accordance with the Customer -Generator's otherwise -applicable rate schedule. At the end of each twelve (12) month period (as described in Special Condition 2 of the E - NET tariff) if the electricity fed back to the electric grid by the eligible Customer -Generator exceeds the electricity supplied to the eligible Customer -Generator by PG&E, the eligible Customer -Generator is'a Wind Energy Co -Metering producer. The maximum generation credit for a Wind Energy Co -Metering producer will be calculated as provided in Special Condition 5 of the E -NET tariff. Any credit for excess energy (kWh) over this maximum will be retained by PG&E and the Wind Energy Co -Metering producer will not be owed any compensation for excess energy. 5. TERM AND TERMINATION 5.1 This Agreement shall become effective as of the last date entered in Section 18 below. The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a) The Parties agree in writing to terminate the Agreement. (b) Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the electric service account through which Customer - Generator's Generating Facility is interconnected to PG&E is closed or terminated. (c) At 12:01 A.M. on the 615' day after Customer -Generator or PG&E provides written Notice pursuant to Section 11 below to the other Party of Customer - Generator's or PG&E's intent to terminate this Agreement. 5.2 Customer -Generator may elect to terminate this Agreement pursuant to the terms of Section 5.1(c) for any reason. PG&E may elect to terminate this Agreement pursuant to the terms of Section 5.1(c) for one or more of the following reasons: (a) A change in applicable rules, tariffs, or regulations, as approved or directed by the Commission, or a change in any local, state or federal law, statute or regulation, either of which materially alters or otherwise affects PG&E's ability or obligation to perform PG&E's duties under this Agreement; or, Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B 4 INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS (b) Customer -Generator fails to take all corrective actions specified in PG&E's Notice that Customer -Generator's Generating. Facility is out of compliance with the terms of this Agreement within the time frame set forth in such Notice; or, (c) Customer -Generator abandons the Generating Facility. PG&E shall deem the Generating Facility to be abandoned if PG&E determines, in its sole opinion, the Generating Facility is nonoperational and Customer -Generator does not provide a substantive response to PG&E Notice of its intent to terminate this Agreement as a result of Customer -Generator's apparent abandonment of the Generating Facility affirming Customer -Generator's intent and ability to continue to operate the Generating Facility; or, (d) Customer -Generator's Generating Facility ceases to meet all applicable safety and performance standards set out in Section 6. 5.3 Notwithstanding any other provisions of this Agreement, PG&E shall have the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application to terminate this Agreement. 5.4 Any agreements attached to and incorporated into this Agreement shall terminate concurrently with this Agreement unless the Parties have agreed otherwise in writing. 6. GENERATING FACILITY REQUIREMENTS 6.1 Customer -Generator's Generating Facility must meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Commission regarding safety and reliability including Rule 21. 6.2 Customer -Generator shall: (a) maintain the Generating Facility and Interconnection Facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, Section 6.1, and (b) obtain any governmental authorizations and permits required for the construction and operation of the Generating Facility and Interconnection Facilities. Customer -Generator shall reimburse PG&E for any and all losses, damages, claims, penalties, or liability it incurs as a result of Customer -Generator's failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Customer -Generator's Generating Facility. 6.3 Customer -Generator shall not commence parallel operation of the Generating Facility until PG&E has provided express written approval. Such approval shall normally be provided no later than thirty (30) business days following PG&E's receipt of: (1) a completed Generating Facility Interconnection Application (Form 79-974), including all supporting documents and payments as described in the Application; (2) a completed Expanded Net Energy Metering (E -NET) Supplemental Application (Form 79-998); (3) a signed and completed Interconnection Agreement (Form 79-978); and (4) a copy of the Customer -Generator's final inspection clearance from the governmental authority having jurisdiction over the Generating Facility. Such Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS approval shall not be unreasonably withheld. PG&E shall have the right to have representatives present at the Commissioning Test as defined in Rule 21. Customer -Generator shall notify PG&E at least five (5) business days prior to the initial testing. INTERCONNECTION FACILITIES 7.1 Customer -Generator and/or PG&E, as appropriate, shall provide Interconnection' Facilities that adequately protect PG&E's Distribution System, personnel, and other persons from damage or injury, which may be caused by the operation of Customer - Generator's Generating Facility. 7.2 Customer -Generator shall be solely responsible for the costs, design, purchase, construction, permitting, operation, and maintenance of the Interconnection Facilities that Customer -Generator owns. 7.3 If the provisions of PG&E's Electric Rule 21, or any other tariff or rule approved by the Commission, require PG&E to own and operate a portion of the Interconnection Facilities, Customer -Generator and PG&E shall promptly execute an Special Facilities Agreement that establishes and allocates responsibility for the design, installation, operation, maintenance, and ownership of the Interconnection, Facilities. This Special Facilities Agreement shall be attached to and made a part of this Agreement as Appendix B. 8. LIMITATION OF LIABILITY Each Party's liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney's fees, relating to or arising from any act or omission in its performance of this agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever. INSURANCE Customer -Generator Facility is required to comply with standards and rules set forth in section 6 and provide the following for insurance policies in place. Customer -Generator shall furnish the required certificates and all endorsements to PG&E prior to Parallel Operation. The certificate shall provide thirty (30) calendar days' written notice to PG&E prior to cancellation, termination, alteration, or material change of such insurance. PG&E shall have the right to inspect or obtain a copy of the original policy or policies of insurance. Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B 6 INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS 9.1 If at any time during this agreement the Customer -Generator fails to meet the requirements in section 6, the following insurance shall apply: Customer -Generator shall procure and maintain a commercial general liability insurance policy at least as broad as the Insurance Services Office (ISO) commercial general liability coverage "occurrence" form; or, if Customer -Generator is an individual, then liability coverage with respect to premises and use at least as broad as the ISO homeowners' or personal liability Insurance occurrence policy form, or substitute, providing equivalent coverage no less than the following limits, based on generator size: - (a) Two million dollars ($2,000,000) for each occurrence if the Gross Nameplate Rating of the Generating Facility is greater than one hundred (100) kW; or (b) One million dollars ($1,000,000) for each occurrence if the Gross Nameplate Rating of the Generating Facility is greater than twenty (20) kW and less than or equal to one hundred (100) kW; or (c) Five hundred thousand dollars ($500,000) for each occurrence if the Gross Nameplate Rating of the Generating Facility is twenty (20) kW or less; (d) Two hundred thousand dollars ($200,000) for each occurrence if the Gross Nameplate Rating of the Generating Facility is ten (10) kW or less and the Generating Facility is connected to an account receiving residential service from PG&E. The insurance shall, by endorsement, shall: (a) Add PG&E as an additional insured; (b) State that coverage provided is primary and is not in excess to or contributing with any insurance or self-insurance maintained by PG&E. (c) Contain a severability of interest clause or cross -liability clause. 9.2 If Customer -Generator's Generating Facility is connected to an account receiving residential service from PG&E and the requirement of Section 9.1 prevents Customer -Generator from obtaining the insurance required in this Section, then upon Customer -Generator's written Notice to PG&E in accordance with Section 11. 1, the requirements of Section 9.1 may be waived. 9.3 Customer -Generator may self -insure with approval from PG&E. Evidence of an acceptable plan to self -insure, at least thirty (30) calendar days' prior to operations shall be submitted. If Customer -Generator ceases to self -insure to the level required hereunder, or if Customer -Generator is unable to provide continuing evidence of Customer - Generator's ability to self -insure, Customer -Generator agrees to immediately obtain the coverage required under agreement. Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS 9.4 All required certificates, endorsements or letters of self-insurance shall be issued and submitted to the following: Pacific Gas and Electric Company Attn: Manager, Generation Interconnection Services P.O. Box 770000 Mail Code B13M San Francisco, California 94177 10. INDEMNITY FOR FAILURE TO COMPLY WITH INSURANCE PROVISIONS 10,1 If Customer -Generator fails to comply with the insurance provisions of this Agreement, Customer -Generator shall, at its own cost, defend, save harmless and indemnify PG&E, its directors, officers, employees, agents, assignees, and successors in interest from and against any and all loss, liability, damage, claim, cost, charge, demand, or expense of any kind or nature (including attorney's fees and other costs of litigation) resulting from the death or injury to any person or damage to any property, including the personnel and property of the utility, to the extent that the utility would have been protected had Customer -Generator complied with all such insurance provisions. The inclusion of this Section 10.1 is not intended to create any expressed or implied right in Customer -Generator to elect not to provide any such required insurance. 10.2 The provisions of this Section 10 shall not be construed to relieve any insurer of its obligations to pay any insurance claims in accordance with the provisions of any valid insurance policy. 11. NOTICES 11.1 Any written notice, demand, or request required or authorized in connection with this Agreement ("Notice") shall be deemed properly given if delivered in person or sent by first class mail, postage prepaid, to the person specified below: If to PG&E: Pacific Gas and Electric Company Attention: Business Customer Center P.O. Box 770000 Mail Code B8C San Francisco, California 94177 Phone: (800) 468-4743 FAX: (415) 972-5309 If to Customer -Generator Customer -Generator Name: Address: City: — Phone: FAX: Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS 11.2 A Party may change its address for Notices at any time by providing the other Party notice of the change in accordance with Section 11.1. 11.3 The Parties may also designate operating representatives to conduct the daily communications, which may be necessary or convenient for the administration of this Agreement. Such designations, including names, addresses, and phone numbers may be communicated or revised by one Party's Notice to the other. 12. REVIEW OF RECORDS AND DATA 12.1 PG&E shall have the right to review and obtain copies of Customer -Generator's operations and maintenance records, logs, or other information such as Generating Facility availability, maintenance outages, circuit breaker operation requiring manual reset, relay. targets and unusual events pertaining to Customer -Generator's Generating Facility or its interconnection to PG&E. 12.2 Customer -Generator authorizes to release to the California Energy Commission (CEC) information regarding Customer -Generator's facility, including customer name and Generating Facility location, size, and operational characteristics, as requested from time to time pursuant to the GEC's rules and regulations. 13. ASSIGNMENT Customer -Generator shall not voluntarily assign its rights nor delegate its duties under this Agreement without PG&E's written consent. Any assignment or delegation Customer - Generator makes without PG&E's written consent shall not be valid. PG&E shall not unreasonably withhold its consent to Customer -Generator's assignment of this Agreement. 14. NON -WAIVER None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect. 15. GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF PG&E's TARIFF SCHEDULES AND RULES 15.1 This Agreement shall be interpreted, governed, and construed under the laws of the State of California as if executed and to be performed wholly within the State of California without giving effect to choice of law provisions that might apply to the law of a different jurisdiction. Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B 16. 17. 18. INTERCONNECTION AGREEMENT FOR NET ENERGY METERING OF SOLAR OR WIND ELECTRIC GENERATING FACILITIES OF 1,000 KILOWATTS OR LESS, OTHER THAN RESIDENTIAL OR SMALL COMMERCIAL FACILITIES OF 10 KILOWATTS OR LESS 15.2 This Agreement shall, at all times, be subject to such changes or modifications by the Commission as it may from time to time direct in the exercise of its jurisdiction. 15.3 The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the Tariff Schedules and Rules applicable to the electric service provided by PG&E, which Tariff Schedules and Rules are hereby incorporated into this Agreement by this reference. 15.4 Notwithstanding any other provisions of this Agreement, PG&E shall have the right to unilaterally file with the Commission, pursuant to the Commission's rules and regulations, an application for change in rates, charges, classification, service, tariff or rule or any agreement relating thereto. AMENDMENT AND MODIFICATION This Agreement can only be amended or modified by a writing signed by both Parties. ENTIRE AGREEMENT This Agreement, including any incorporated Tariff Schedules and Rules, contains the entire Agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement or in the incorporated Tariff Schedules and Rules. SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below. CUSTOMER -G NERATOR'S NAME PACIFIC GAS AND ELECTRIC COMPANY By: By. Name: ,�� Name: Manager, Title: (1��-t^ C�1sl�i�5 Title: Generation Interconnection Services Date: 1/13LO4j Date: Form 79-978 Tariffs and Compliance Revised November 6, 2003 Effective January 1, 2003 Advice 2373 -E -B 10