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SIDLEY AUSTIN LLP BEIJING LOS ANGELES 1501 K STREET, N.W. BRUSSELS NEW YORK WASHINGTON, D.C CHICAGO PALO ALTO (202) DALLAS SAN FRANCISCO (202) FAX FRANKFURT SHANGHAI GENEVA SINGAPORE
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SIDLEY AUSTIN LLP BEIJING LOS ANGELES 1501 K STREET, N.W. BRUSSELS NEW YORK WASHINGTON, D.C CHICAGO PALO ALTO (202) DALLAS SAN FRANCISCO (202) FAX FRANKFURT SHANGHAI GENEVA SINGAPORE HONG KONG SYDNEY HOUSTON TOKYO LONDON WASHINGTON, D.C. (202) FOUNDED 1866 November 21, 2013 Kimberly D. Bose Secretary Federal Energy Regulatory Commission 888 First St NE Washington, DC Dear Secretary Bose: In accordance with Section 205 of the Federal Power Act ( FPA ), 16 U.S.C. 824d, and Section of the Federal Energy Regulatory Commission s ( Commission or FERC ) regulations issued thereunder, 18 C.F.R (2011), Commonwealth Edison Company ( ComEd ), on behalf of itself and its wholly-owned subsidiary Commonwealth Edison Company of Indiana, Inc., submits for filing the Transmission Upgrade Agreement by and among ComEd and Ameren Services Company as designated agent for Ameren Illinois Company d/b/a Ameren Illinois ( Ameren ). 1 Consistent with Commission precedent, the Midcontinent Independent Transmission System Operator, Inc. ( MISO ), and PJM Interconnection, LLC ( PJM ) are also signatories to this agreement. 2 Ameren has requested that ComEd modify its existing transmission facilities to accommodate the connection of a new, Ameren-owned substation, to be known as the Keemin substation. The project will require ComEd to modify its structures and provide for connection to a new Ameren 138 kv ring bus. ComEd also anticipates some modification of its relaying equipment at the remote ends of the line. ComEd requests waiver of the sixty-day notice requirement so as to begin working promptly to upgrade the selected portions of the transmission system. Since these upgrades will improve system reliability, good cause exists to grant waiver of the sixty-day notice requirement and permit a November 21, 2013 effective date. The diagram to Appendix B of the Transmission Upgrade Agreement contains CEII materials. Accordingly, ComEd has redacted the CEII information from the public version of the agreement and included the CEII Materials as an attachment to the filing. ComEd has marked the CEII materials Contains Critical Energy Infrastructure Information as defined in 18 C.F.R. 1 Pursuant to Order No. 714, this filing is submitted by PJM Interconnection, L.L.C. ( PJM ) on behalf of ComEd as part of an XML filing package that conforms with the Commission s regulations. PJM has agreed to make all filings on behalf of the PJM Transmission Owners in order to retain administrative control over the PJM Tariff. Thus, ComEd has requested PJM submit this Transmission Upgrade Agreement between ComEd and Ameren in the etariff system as part of PJM s electronic Service Agreements Tariff. 2 See Am. Elec. Power. Serv. Corp., 110 FERC 61,276, order on reh g 112 FERC 61,128 (2005). Sidley Austin LLP is a limited liability partnership practicing in affiliation with other Sidley Austin partnerships. November 21, 2013 Page Do Not Release. This designation is appropriate because the diagram attached to Appendix B of the Transmission Upgrade Agreement displays information on transmission facilities and substations operated by ComEd. Such information should be protected because its disclosure could aid an attack to compromise ComEd s system. Individuals seeking access to the CEII materials should follow the Commission s procedures set forth at I. Identification of Applicant ComEd, an Illinois corporation, is an operating subsidiary of Exelon Corporation, a Pennsylvania corporation. ComEd maintains more than 91,000 miles of overhead and underground transmission and distribution facilities in northern Illinois, as well as transmission facilities in Northern Indiana owned by its subsidiary Commonwealth Edison Company of Indiana, and provides delivered electric power to more than 3.8 million customers. ComEd does not own any generation facilities. ComEd transferred operational control over its transmission facilities to PJM Interconnection, LLC ( PJM ) on May 1, ComEd s retail electric service is regulated by the Illinois Commerce Commission ( ICC ), while PJM s provision of transmission service over ComEd s transmission facilities and its sales for resale of electric energy in interstate commerce are regulated by this Commission. II. Persons to Whom Correspondence Should be Addressed Stan Berman Sidley Austin LLP 701 Fifth Avenue, Suite 4200 Seattle, WA (206) (P) (415) (F) Heather Curlee Sidley Austin LLP 1501 K Street NW Washington, DC (202) (P) (202) (F) Eugene Bernstein Assistant General Counsel Exelon Business Services Company 10 S. Dearborn St., 49th Fl. Chicago, IL (312) (P) (312) (F) Kathleen Barrón Senior Vice President Federal Regulatory Affairs and Wholesale Market Policy Exelon Corporation 101 Constitution Ave. Suite 400 E Washington, DC November 21, 2013 Page 3 III. Background and Statement of Nature, Reasons and Basis for Filing ComEd and Ameren entered into an interconnection agreement dated March 1, 1964 to govern the interconnection of ComEd and Ameren s respective transmission systems. Ameren has requested that ComEd modify its existing transmission facilities to accommodate the connection of a new, Ameren-owned substation, to be known as the Keemin substation. The project will require ComEd to modify its structures and provide for connection to a new Ameren 138 kv ring bus. ComEd also anticipates some modification of its relaying equipment at the remote ends of the line. Ameren has agreed to pay ComEd the costs for such transmission upgrades. 3 The Transmission Upgrade Agreement establishes the requirements, terms, and conditions for the upgrades, and defines the continuing responsibilities and obligations of ComEd and Ameren with respect to such work and associated activities. The ComEd-Ameren Transmission Upgrade Agreement is designated as a service agreement under the PJM Open Access Transmission Tariff ( PJM OATT ). IV. Compliance with Commission Requirements A. List of Documents Submitted Applicants submit herewith: 1. This transmittal letter; 2. The Transmission Upgrade Agreement; 3. Diagram to Appendix B of the Transmission Upgrade Agreement (Attachment 1) (CEII); and 4. Signature Pages (Attachment 2). B. Proposed Effective Date Pursuant to Section of the Commission s regulations, ComEd respectfully requests waiver of the sixty day notice requirement and an effective date of November 21, The Commission will permit waiver of the sixty day notice requirement for good cause. 4 The Commission has recognized the importance of balancing the statutory requirement that 3 See ComEd-Ameren Transmission Upgrade Agreement at 6.1 (providing that Ameren shall pay ComEd for all actual Costs that ComEd incurs related to the Work). 4 See, e.g., Prior Notice and Filing Requirements Under Part II of the Federal Power Act, 64 FERC 61,139 (1993); Central Hudson Gas & Elec. Corp., 60 FERC 61,106 (1992). November 21, 2013 Page 4 utilities file their rates promptly with the utilities desire to transact business on short notice. 5 In this instance, waiver of the sixty day prior notice will allow ComEd to begin working promptly to upgrade the selected portions of the transmission system. Since these upgrades will improve system reliability, good cause exists to grant waiver of the sixty day notice requirement. C. Designation The enclosed Transmission Interconnection Upgrade Agreement will be included as a Service Agreement under the PJM Tariff. 6 The Service Agreement has been designated as PJM Service Agreement No D. Section 205 Compliance Requirements 1. Names and Addresses of Person to Whom a Copy of this Filing has been Mailed Pursuant to Section 35.2(d) of the Commission s regulations, ComEd has served a copy of this filing on representatives for PJM, MISO, Ameren, and the ICC. 2. Description of the Filing A description of the filing is set forth above. 3. Statement of the Reasons for the Submission This transmittal letter and the attachments explain the reasons for the filing. 4. Requisite Agreement No agreement is required by contract for the filing of proposed changes. 5. Statement Regarding Inclusion of Any Expense of Costs in Cost of Service Statements that Have Been Alleged or Adjudged Illegal, Duplicative, or Unnecessary Costs that are Demonstrably the Product of Discriminatory Employment Practices There are no costs included in this filing that have been alleged or adjudged in any administrative or judicial proceeding to be illegal, duplicative, or unnecessary costs, nor has any 5 Central Hudson, 60 FERC at 61, See, e.g. Letter Order Accepting Commonwealth Edison s Service Agreement 1587 with Ameren Services Co., Docket No. ER (May 1, 2006); Am. Elec. Power., 112 FERC 61,128. November 21, 2013 Page 5 expense or cost been demonstrated to be the product of discriminatory or employment practices, within the meaning of Section 35.13(d)(3) of the Commission s regulations. 6. Cost of Service and Revenue Information to Support Filing and Request for Waiver This Rate Schedule does not affect ComEd s cost of service or rate design. Applicants believe that they have provided sufficient information for the Commission to determine the reasonableness of the proposed changes. To the extent that this filing requires waivers of Section of the Commission s regulations, Applicants respectfully request such waivers, including waivers of Section 35.13(c), (d), (e), and (h) of the Commission s regulations, 18 C.F.R (c), (d), (e), and (h). This filing, and the accompanying attachments, provides ample support for the Commission to accept for filing the Service Agreement. To the extent that this filing fails to contain any information otherwise required for technical compliance with the Commission s regulations, Applicants respectfully request that compliance with such regulations be waived. V. Conclusion WHEREFORE, for the foregoing ComEd respectfully requests the Commission accept the enclosed Transmission Upgrade Agreement, effective November 21, Very truly yours, /s/ Heather Curlee Heather Curlee Sidley Austin LLP 1501 K Street NW Washington, DC (202) /s/ Eugene Bernstein Eugene Bernstein Assistant General Counsel Exelon Business Services Company 10 S. Dearborn St., 49th Fl. Chicago, IL (312) (P) Certificate of Service In accordance with 18 C.F.R (f) (2013), I herby certify that I have, on this day, served a copy of the foregoing upon a representative for the Illinois Commerce Commission, Ameren, PJM, and MISO. Dated this twenty-first day of November, 2013 in Seattle, WA. /s/ Heather Curlee Heather Curlee Sidley Austin LLP 1501 K Street, N.W. Washington, D.C (202) Original Service Agreement No Effective Date: November 21, 2013 TRANSMISSION UPGRADE AGREEMENT By and Between COMMONWEALTH EDISON COMPANY And AMEREN SERVICES COMPANY On behalf of AMEREN ILLINOIS COMPANY Dated October, 2013 TRANSMISSION UPGRADE AGREEMENT THIS TRANSMISSION UPGRADE AGREEMENT ( Agreement ), dated as of September, 2013 is entered into by and between Commonwealth Edison Company, an Illinois company, (hereinafter referred to as ComEd ) and Ameren Services Company, a Missouri corporation (hereinafter referred to as Ameren ), as designated agent for Ameren Illinois Company d/b/a Ameren Illinois. ComEd and Ameren are referred to herein individually as Party and collectively as Parties. For avoidance of doubt, the term Party and Parties shall not include either PJM Interconnection, L.L.C. ( PJM ) or Midcontinent Independent System Operator, Inc. ( MISO ). RECITALS: A. ComEd and Ameren entered into an interconnection agreement dated March 1, 1964 to govern the interconnection of their respective transmission systems. B. Ameren has requested that ComEd modify its existing transmission facilities to accommodate the connection of a new, Ameren owned substation, to be known as the Keemin substation. The substation will be used by Ameren as a source for new, Ameren owned bulk supply transformers to support its distribution system. The substation will connect to ComEd s 138 kv Line 7411, at a point approximately seven (7) miles from the Kewanee substation and approximately twenty (20) miles from the Rock Falls substation. A 138 kv ring bus will be constructed and owned by Ameren at the Keemin substation, and Line 7411 will be opened and terminated into the new 138 kv ring bus. The project will require ComEd to modify its structures and line, and provide for connection to the Ameren ring bus. ComEd also anticipates some modification of its relaying equipment at the remote ends of the line. ComEd has identified that it should perform this work and has agreed to work with Ameren to coordinate and accomplish such work and associated activities. C. Ameren has agreed to pay ComEd for such transmission upgrades in accordance with the terms herein. D. The Federal Energy Regulatory Commission has required the Parties to this Agreement to include MISO and PJM as signatories to this Agreement in order to ensure that MISO and PJM are kept fully apprised of the matters addressed herein and so that MISO and PJM may be kept aware of any reliability and planning issues that may arise. NOW THEREFORE, in consideration of the mutual representations, covenants, and agreements hereinafter set forth, and intending to be legally bound hereby, the Parties hereto agree as follows: ARTICLE 1 DEFINITIONS 1.1 Definitions. Wherever used in this Agreement with initial capitalization, the following terms shall have the meanings specified or referred to in this Article Agreement shall mean this Agreement by and between ComEd and Ameren, including all appendices attached hereto, as the same may be amended, supplemented, revised, altered, changed or restated in accordance with its terms Cancellation Costs means ComEd charges, actual costs and liabilities incurred by ComEd upon the termination of this Agreement pursuant to Articles 13 and 14 in taking one or more of the following actions: (a) canceling supplier and contractor orders and agreements entered into by ComEd to design, construct, and install the transmission upgrades or perform the Work, or (b) removing such transmission upgrades, or (c) partially or entirely completing the transmission upgrades as necessary to preserve the integrity or reliability of the ComEd Transmission System, or (d) undoing the changes to the ComEd Transmission System that were made pursuant to this Agreement ComEd Transmission System shall mean the facilities owned by ComEd for purposes of providing transmission service under the PJM Tariff Costs shall mean all direct and indirect charges and expenses of ComEd, including, but not limited to, capital expenditures, if applicable, the costs of financing and taxes, Cancellation Costs, and any incidental expenses Effective Date shall mean the effective date of this Agreement as set forth in Section 2.1 of this Agreement FERC shall mean the Federal Energy Regulatory Commission or its successor Force Majeure Event means acts of God, war, terrorism, civil commotion, embargoes, strikes, epidemic, fires, cyclones, droughts, floods, emergencies, labor, production or transportation difficulties or accidents to or involving machinery, equipment or lines of pipe, shortages of materials, power, fuel, equipment, transportation or labor (or the inability to obtain the same without litigation or paying penalties, premiums or unusual prices or otherwise agreeing to unreasonable terms or conditions), or any governmental law, regulation (or its interpretation), order, request, instruction or injunction, or failure to provide or cancellation of rights-of-way, permits, licenses or other authorization, whether valid or invalid, or any other cause whether or not similar to the foregoing, beyond the reasonable control of a Party hereto, provided that a Force Majeure Event shall not include events caused by the willful misconduct of the Party claiming the Force Majeure Event. 1.1.8 Good Utility Practice shall mean any of the applicable practices, methods and acts engaged in or approved by a significant portion of the electric utility industry during the relevant time period, or any of the practices, methods and acts which, in the exercise of reasonable judgment by a Party in light of the facts known at the time the decision was made, could have been expected to accomplish the desired result at a reasonable cost consistent with good business practices, reliability, safety and expedition, giving due regard to the requirements of governmental agencies having jurisdiction. Good Utility Practice is not intended to be limited to the optimum practice, method, or act to the exclusion of all others, but rather includes all acceptable practices, methods, or acts generally accepted in the region as they may be applicable to either Party IRS shall mean the Internal Revenue Service PJM shall mean the PJM Interconnection, L.L.C., or its successor or equivalent, an entity to which ComEd has transferred or will transfer responsibility to direct the operation of the ComEd Transmission System PJM Tariff shall mean that certain Open Access Transmission Tariff on file with FERC, as it may be amended or superseded from time to time, under which transmission service is provided over the ComEd Transmission System and elsewhere within PJM Regulatory Requirements shall mean any of the applicable laws, and regulations and tariffs of FERC, PJM, or other governmental agencies or regional transmission operators having jurisdiction over the Parties with regard to the subject matter of this Agreement, or the successor of any of them Schedule of Work shall mean that schedule setting forth the timing of Work to be performed by the Parties pursuant to this Agreement, as attached in Appendix A, which schedule shall be revised from time to time as necessary Study shall mean the system impact study described in Appendix B Work means all of the materials, labor, supervision, administration, equipment, contractor services and other services identified in the Scope of Work, as attached in Appendix B. ARTICLE 2 EFFECTIVE DATE AND DURATION 2.1 Effective Date. Subject to any applicable regulatory acceptance, this Agreement shall be effective on the date filed with FERC ( Effective Date ). 2.2 Duration. Subject to Section 14.4, this Agreement shall remain in effect from the Effective Date until 180 days after ComEd s completion of the Work. 2.3 FERC Filing. Promptly after the Effective Date, ComEd will file this Agreement with FERC as a transmission upgrade agreement under the PJM Tariff, and request that FERC accept it for filing effective as of the Effective Date. ARTICLE 3 STUDY 3.1 Scope. ComEd shall perform the Study in accordance with Appendix B. 3.2 Payment. Within five (5) days after the execution of this Agreement, Ameren agrees to pay ComEd a $50,000 advance payment to commence performance of the Study. ComEd shall invoice Ameren in advance for any Study costs and fees that exceed the $50,000 payment, and Ameren shall pay such invoices within ten (10) days after receipt. If the payments made by Ameren under this section exceed the actual Study costs and fees, ComEd will return the difference to Ameren if no notice to proceed is subsequently issued by Ameren, or apply the difference to the cost of the Work if Ameren issues a notice to proceed. ARTICLE 4 GENERAL CONSTRUCTION OBLIGATIONS 4.1 Notice to Proceed. Ameren shall notify ComEd within thirty (30) days after its receipt of the Study regarding its determination whether to proceed with the Work. If Ameren fails to notify ComEd within such period, ComEd may terminate this Agreement subject to the required government approvals. 4.2 Work. Subject to the terms of this Agreement, ComEd will perform the Work after it receives a notice to proceed from Ameren. 4.3 Schedule of Work. ComEd will use reasonable efforts to perform the Work in accordance with the Schedule of Work. If the Parties have not agreed upon a Schedule of Work by the Effective Date, they shall develop such sc
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