5.3. ERMUSR 05-13-2008 - Laserfiche WebLink

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TRANSMISSION FACILITIES ASSIGNMENT AGREEMENT This Assignment Agreement ("Agreement") shall confirm the agreement reached on April ~~ ~, 2008, by and between the Central Minnesota Municipal Power Agency ("CMMPA") acting for itself, its members, the Midwest Municipal Transmission Group and its members and the City of Elk River ("City"). Hereinafter, CMMPA and City are sometimes referred to singly as "Party" and collectively as "Parties", with respect to the intent to assign operational control of qualifying transmission facilities under the terms and conditions as follows: Assignee: Assignor: Governing Agreements: Contract Term CMMPA City C~= L. \L ~ • ~,,~ ~. 1.141 1 C. ~ ~ a` ~J ~Y' 1 fir„ t `C ~ ~~ . The Midwest Independent Transmission System Operator ("MISO") Transmission and Energy Markets Tariff ("TEMT"), effective March 1, 2005; Transmission Owner (TO) Agreement between CMMPA and MISO January 1, 2008 through December 31, 2013. Transmission Facilities: All of City's transmission facilities regardless of voltage as more fully set forth on attachment <<A,> Assignment: City does hereby transfer operational control of its transmission facilities to CMMPA during the term of this agreement and any renewal terms. The City shall retain physical control of its transmission facilities along with the obligations to repair, maintain and insure these facilities in accordance with good utility practices. CMMPA has no liability for, and by execution of this agreement assumes no liability for, City's transmission facilities. Reassignment: City acknowledges that CMMPA will fully reassign and convey operational control of qualifying transmission facilities to MISO in accordance with MISO requirements and Federal Energy Regulatory Commission (FERC) law and policy. NERC Compliance Responsibility City retains all responsibilities to comply with the North American Electric Reliability Corporation (NERC) rules and regulations. If City wishes to assign NERC compliance responsibility to CMMPA, it must do so in a separate agreement. Designated Market Participant Transmission Scheduling: CMMPA shall use Utilities Plus ("UP") as its designated MISO Market Participant ("MP") to schedule transactions as defined in the TEMT and in accordance with all MISO rules and regulations. Designated MISO Transmission Owner (TO) Collection of Revenues: City hereby appoints CMMPA as its MISO TO agent for all purposes required under the TO Agreement and TEMT including but not limited to the submittal and collection of all Annual Transmission Revenue Rights payments under the TEMT and protesting or contesting, on its behalf, any errors in billing or related matters. On its behalf, City authorizes CMMPA to obtain rate recovery and revenue distribution from MISO and other TOs as necessary. Disbursement of Revenues Received: CMMPA shall, after collecting reasonable fees and costs for its services and those of UP and subject to any other relevant agreements with the City, disburse the revenues received from MISO and other TOs for the use of City's transmission facilities to the City in an equitable manner.