Loading...
HomeMy WebLinkAboutContract 44955 �TY S ie ( w. Syr 4000 E CONTRACT NO,T1 V ELECTRIC RELIABILITY COUNCIIL OF TEXAS,INC, MEMBERSHIP APPLICATION AGREEMENT FOR ME MBER '111P YEAR 2,014 This Membership Application and Agreement (Agreement) is by and between Electric Reliability Council of Texas Inca(ERC'OT)and The Clilly of F ort Worthl 1000"I'llrockmorton St. Ft. Worth Texas 76102 (Applicant). In consideration of the mutual covenants contained herein, the parties Applicant shall become hereby ���� � ���App an ERCOT Member and receive the ERGOT Member Services and benefits described herein, subject to the terries and conditions of this Agreement. This, Agreement shall be effective as of the date signed by the Applicant provided that the Applicant meets all of the qualifications for E COT Membership, Capitalized terms that are not defined in this Agreement shall have the meanig as defined in the ERGOT Bylaws or the ERGOT Protocols. Am Membership Application Information I. Name of Entity applying for Membership: Ci1y of Fort Worth. 2. Type of Membership: Check, type of Membership. Affiliated Entities as defined in, the ER'COT Bylaws may hold only one Corporate Mem er, h*X Entities applying for additional Memberships, such as an Associate membership, must use a separate Agreement for each Membership. The applicable fees are listed below and entitle Members to services ERGOT" provides such as hosting ERCOT meetings, providing Members with necessary information and such other Member Services as may from time to time be offered. 'lease note that any Member nab request that the ember's Annual Member Service :Fees be waived for good cause shown. Corporate. Voting. $2,0l 00, per Membership leas (except Residential and Commercial Consumer Members fees are$loo per year, and there is no charge for an association that qualifies pursuant to the ERGOT Bylaws for Commercial Consumer Membership). Corporate Membership includes the ri vet to vote on matters submitted to the general membership such s election of Board Directors, election of Technical Advisory Committee (TAG) Representatives and TA subcommittees thereof and amendments to the Articles of Incorporation and the ERCaT Bylaws. Residential Consumer Members do not elect a Director to represent the Residential Consumer, interests as the Public Counsel is mandated to represent these interests. Associate. Non-voting. $500 per Membership Year (except pt Residential and Commercial Consumer Members fees are $50 per year). Associate Membership includes no voting rights. However, an Associate Member may be elected by Corporate Members to serge as a voting m ber of the hoard,TAC �r a TAC subcommittee thereof. E] Adjunct. Non voting. Soo per Membership '"ear. Entities not meeting the Segment requirements for Membership may join as Adju:nct Members upon Board approval. Adjunct Membership does not include voting rights or the right to be elected to the Board, TAC or a.TAC subcommittee thereof". 3. The Applicable Annual Member Services Fee must accompany this Agreement and be delivered to ERGOT by the Record late in order for the Member to participate in the elections for the Membership Year. please make checks payable to ERC T and mail to E:EC OT,Attention: Legal Department, 7612,0 Metro Center Drive +exas � Please send an email to .1�11 e �, s i ° ..c(l for wire instructio F RECORD CITY, SECR,E TARt F'Tv WORTHY TX ,CEIVED OU ­ 7 2013 4. Segment Participation: (Checl~ Segment designation,.) 0 Consumer. Any Entity representing the interests of end Fusers of electricity *in the ERCOT Region,. Check O�NF, Subsegment designation: D Residential Consumer El Small Commercial Consumer(peals demand of 1.000 KW or less) Z' Large Commercial Consumer(Peak demand greater than 10001 KW) 0 Industrial Consumer (Average monthly demand greater than I megawatt and engaged in an industrial process) E] Cooperative. An Entity operating 'in the ERCOT Region that is (0 a corporation organized under Chapter 161 of the Texas, Utilities Code or a predecessor statute to Chapter 164 and operating under that chapter- (1i) a corporation organized as an electric cooperative in a state ,other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas- (iii) a cooperative association organized under Tex.Rev.Civ.Stat. 1396-50-01, or a predecessor to that statute and operating under that statute; or(*Iv)a River Authority as defined in Tex. Water Code §30.003. F I I I 1 1, Independent Generator. Any Entity that is not a Transmission and D"stribuflon Entity (T&D Entity) or an Affiliate of a T'&D, Entity and (i) owns or controls generat,ion of at least 10 MW in the ERC Region; or (ii) is preparing to operate and control generation of at least 10, MW in the ERCOT Region, and has approval of the appropriate governmental authority, has any necessary real property rights, has given the connecting transmission provider written authorization to proceed with construction and has provided security to the connecting transmission provider, Independent Power Marketer, Any Entity that is not a T&,D Entity or an Affiliate of a i'll rr-1 T&D Entity and is registered at the Public Utility Commission or Texas (PUCT) as a Power Marketer to serve in the:ERGOT"Region. 0 Independent REP. Any Entity that is certified by the PUCT to serve *in the ERCOT Region as a Retail Electric Provider(REP), under,PURA §3191.352 and that is not an Affiliate of a T&D Entity operating in the ERGOT Region. 01 Aggregators may register to participate in this Segment if unable to qualify in any other Segment. El Investor-Owned Utility. (i) An investor-held, for-profit electric utility" as de!fined in PURA §3 1. 2 that (a) operates within the ERGOT Region, (b) owns 345 kV interconnected Z A 11 transmission facilities, in the ERCO�T Regton, �c) owns more inan 500 pole miles of transmission facilities in the E RCOT Region, i or (d) s, an Affiliate of an Entity described in (a), (b) or (c)- or (11)a public utility holding company of any such electric utility. F1 Munlicipal. An Entity operating in the ERCOT Region that owns or controls transmission or distribution facilities, owns or controls dispatchable generating facilities,, or provides retail electric service and is either: (i),a municipally owned utility as defined in PURA §11.003 or(ii)a River Authority as defined in Tex. Water Code §301.0031. lip, 5,. Identify your designated representative for required notices to ERGOT Members and for participation in meetings of the Corporate Members: Name,.- Charles W. Daniels Title.- Assistant C'tv Mapa I —ge Address.- 1000 Throckmorton St. City, State,Zip: Ft. Worth, Texas 76102 Phone.- 17)13192-6199 Fax.- Email.- Ch axles W.Daniels rthtex4L.gov 6. List any other EEC T"Memberships,held by the Applicant or any Affiliates (attach extra pages if necessary . )10 (a)Entity name: Segment: (b)Entity name: Segment: (c)Entity name.- Segment.- 0, B. Membership Agreement 1. Membership. Membershtp in RC OT is open to any Entity that meets any of the Segment definitions set forth In the Bylaws. Members must be an organization that either operates in the ERGOT Region or represents consumers within the ERGOT Region. Members may joi 0 n as a Corporate, Associate or Adjunct Member subject to, the criteria set forth, in the ER COT Bylaws. Members must apply for Membership through an authortzed oifficer or agent. 2. Fees. Annual Member Services Fees are described in the ERGOT Bylaws and may be changed through.-the procedure set forth therein. Any change in fees shall automatically become effective as to all ERCOT' Members without the necessity of amending this Agreement., All Memberships are year to year and must be renewed annually. Annual Member Services Fee renewals,shall be due by the record date for the annual membership meeting. Membership fees may not be prorated. This Agreement shall renew 'in yearly increments upon ERCOT's receipt of the following (1) Member"s Renewal Application and (2) Member's applicable Annual Member Services Fee. Any Member may request that the Member's Annual Member Service Fees be waived for good cause shown. 3. Appllication for Menibershl*p. Members will submit the following items i.n order, to apply for Membership: (1) payment of the Annual Member Services Fee and (ii) a signed copy of this Agreement., Ups on approval, ERCOr r will promptly not4 Member Applicant of the same. 4. Change of Designated Representative. An ERCOT Member may change its representative! at I any time by written request (signed by a duty authonized representative! of the ERCOT Member) submitted to the ERCOT Legal Department at tnembei - ',i),grgot.con'i., 5. Suspension and Expulsion. All ERCOT Members shall abide by the ERCOT Bylaws, as they may be amended from time to time, and any other rule or regulation duly adopted by the Board of Directors. Any ERCOT' Mem,ber, who willfully violates any provision of this Agreement, the ERCOT Bylaws, or any other rule or regulation duly adopted by the Board of Directors, may be reprimanded, suspended, and/or expelled, in accordance with procedures adopted by the Board of Directors or set forth m the ERCOT ,Bylaws. Such action, will affect all persons deriving Membership privileges through such ERR T`Member. 6. Amendment. This Agreement may be amended, modified, superseded, canceled, renewed, or extended and the terms and conditions, hereof may be waived only by a written instrumcnt executed by both parties hereto or, in the case of a waiver,by the party waiving compliance. 7. Governing Law. This Agreement shall be governed by and construed and *interpreted 'in accordance with the laws of the State of Texas that apply to contracts executed in and performed entirely within the State of Texas, without reference to any rules of conflict of laws. Parties consent to the exclusive junsd tion of Texas. IN WITNESS WHEREOF,, the Member certifies that (1) the Member meets the requirements, tor E.RCOT Membership in the Segment designated herein,, (11) all information provided herein is true and correct to the best of the Member's knowledge; and (iii)through its authorized representative the Member agrees to be bound by the terms of this Agreement,the ERCOT Bylaws and any other requirements duly adopted by the Board of Directors., ZIle Z -*W By: Printe e: Charles,W.1]6iels', Title-. Asalstant C tv Manager A ki Date: 1:0 10 TO F10 A GA Ty* "fta rp ASS ATTORNM by owl L K Secretary OFFICIAL RIE:C,ORD CITY SECRETARY Re WOIRTH�9 TX