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4.3. ERMUSR 05-10-2011
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4.3. ERMUSR 05-10-2011
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5/10/2011 3:36:31 PM
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ERMUSR
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5/10/2011
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Transmission Owner Services and Asset Assignment Agreement <br />(ii) to the extent required by the MISO TEMT, make its generation <br />interconnected to the Municipal Electric System available for re-dispatch <br />and the provision of ancillary services, including without limitation <br />reactive power and voltage control; and <br />(iii) follow directives issued pursuant to the MISO TEMT or the CMMPA <br />MISO Transmission Owner Agreement, including without limitation <br />operational directives and directives to curtail its load thereto. <br />(b) Specific Obligations Related to Construction and Upgrades. <br />The Participant shall at all times and in accordance with Prudent Utility Practice <br />and Applicable Law (including all applicable NERC standards) be responsible for <br />constructing (or permitting the construction of) improvements, additions, <br />upgrades, and modifications to its Participant-Owned Transmission Facilities and <br />for the addition of new transmission and distribution facilities to be located on its <br />Municipal Electric System that are required: <br />(i) to accommodate requests by generators to interconnect; <br />(ii) to add new delivery points for service to load; <br />(iii) for reliability or delivery; or <br />(iv) for any other reason; <br />all in accordance with the MISO TEMT and the CMMPA MISO Transmission <br />Owner Agreement. <br />(c) Participant Responsibility for Fines Penalties or Other Liabilities Resulting <br />from Participant's Failure to Operate Maintain Plan and Construct <br />Municipal Electric System in Accordance with Section 306(a) and (b). <br />Any fines, penalties, or other liability resulting from any failure of the Participant <br />to fully comply with the requirements set forth in paragraphs (a) and (b) of this <br />Section 306 (including, without limitation, fines or penalties imposed by NERC, <br />FERC, the MISO, or any other body with legal or regulatory jurisdiction <br />applicable to the Participant's Municipal Electric System) shall be the sole <br />responsibility of and shall be timely paid by the Participant. <br />(d) Rate Covenant. <br />The Participant shall establish, maintain and collect rates and charges for the <br />electric service from its Municipal Electric System so as to provide revenues <br />sufficient, together with available reserves from its Municipal Electric System, to <br />enable the Participant to pay to CMMPA all amounts payable under this <br />Agreement and all other amounts payable from and all lawful charges against or <br />liens on the revenue of its Municipal Electric System and to operate and maintain <br />its Municipal Electric system in a sound, businesslike manner in accordance with <br />Prudent Utility Practice. <br />18 <br />
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