Details for: PGE AL 5541-E.pdf


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Erik Jacobson
Director
Regulatory Relations

Pacific Gas and Electric Company
77 Beale St., Mail Code B13U
P.O. Box 770000
San Francisco, CA 94177
Fax: 415-973-3582

May 9, 2019

Advice 5541-E
(Pacific Gas and Electric Company ID U 39 E)

Public Utilities Commission of the State of California
Subject:

Limited One-Time Deviation From PG&E's Agreement to Perform
Tariffs Related Work (Form 62-4527) for the California Department of
Water Resources (DWR) Pursuant to CPUC General Order 96-B,
Section 9.2.3.

Purpose
Pacific Gas and Electric Company (PG&E) hereby submits to the California Public Utilities
Commission (Commission or CPUC) for approval this limited one-time agreement
modifying PG&E’s standard indemnity clause as it appears on Form 62-4527 –
Agreement to Perform Tariff Schedule Related Work.
Background
California Department of Water Resources (DWR) has requested PG&E to relocate and
rearrange a primary tap servicing a third-party agricultural pump to a new location under
the terms of PG&E’s Electric Rule 16.F.2.b. The service is located at Moon Bend Road
and East Clay Street in Colusa, California.
PG&E’s standard form agreement, Agreement to Perform Tariff Schedule Related Work
(Form 62-4527), contain broad indemnification language. DWR has objected to the scope
of the indemnity provision in Form 62-4527 and specifically the requirement to defend
PG&E in litigation that may arise out of or in any way connected with the performance of
the agreement. To address DWR’s concern, PG&E has agreed to modify the indemnity
language found in Form 62-4527.
Tariff Revisions to Form 62-4527– Agreement to Perform Tariff Schedule Related
Work.
To meet the customer request and in recognition that the customer is a governmental
agency, PG&E proposes and requests Commission approval to the redlined revisions of
the indemnification language in Form 62-4527 as shown below and as adopted in
Attachment A (revisions italicized below):





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Advice 5541-E -2- May 9, 2019 2. “Applicant shall indemnify and hold harmless PG&E, its officers, agents and employees, against all loss, damage, expense and liability resulting from injury to or death of any person, including but not limited to, employees of PG&E, Applicant or any third party, or for the loss, destruction or damage to property, including, but not limited to property of PG&E, Applicant or any third party, arising out of or in any way connected with the performance of this agreement, however caused, except to the extent caused by the active negligence or willful misconduct of PG&E, its officers, agents and employees. Applicant will, on PG&E’s request, defend any suit asserting a claim covered by this indemnity. Applicant will pay all costs that may be incurred by PG&E in enforcing this indemnity, including reasonable attorneys’ fees.” Pursuant to General Rule 9.2.3 of CPUC General Order 96-B, PG&E may provide tariffed service to a government agency at reduced rates and charges, or under terms and conditions otherwise deviating from its tariffs then in effect.1 Since this is for DWR (a governmental agency) and for a specific case, PG&E agrees with this one-time modification and the revision to the agreement will permit the project to proceed in timely fashion as requested by the customer. The executed Agreement to Perform Tariffs Related Work (Form 62-4527) with the requested limited one-time deviation for the California Department of Water Resources (DWR) is included in this advice letter as Attachment A. The submittal would not increase any current rate or charge, cause the withdrawal of service, or conflict with any rate schedule or rule. Protests Anyone wishing to protest this submittal may do so by letter sent via U.S. mail, facsimile or E-mail, no later than May 29, 2019, which is 20 days after the date of this submittal. Protests must be submitted to: CPUC Energy Division ED Tariff Unit 505 Van Ness Avenue, 4th Floor San Francisco, California 94102 Facsimile: (415) 703-2200 E-mail: EDTariffUnit@cpuc.ca.gov Copies of protests also should be mailed to the attention of the Director, Energy Division, Room 4004, at the address shown above. 1 CPUC General 96-G, Section 9.2.3 Emergency Service; Service to Government Agencies.
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Advice 5541-E -3- May 9, 2019 The protest shall also be sent to PG&E either via E-mail or U.S. mail (and by facsimile, if possible) at the address shown below on the same date it is mailed or delivered to the Commission: Erik Jacobson Director, Regulatory Relations c/o Megan Lawson Pacific Gas and Electric Company 77 Beale Street, Mail Code B13U P.O. Box 770000 San Francisco, California 94177 Facsimile: (415) 973-3582 E-mail: PGETariffs@pge.com Any person (including individuals, groups, or organizations) may protest or respond to an advice letter (General Order 96-B, Section 7.4). The protest shall contain the following information: specification of the advice letter protested; grounds for the protest; supporting factual information or legal argument; name, telephone number, postal address, and (where appropriate) e-mail address of the protestant; and statement that the protest was sent to the utility no later than the day on which the protest was submitted to the reviewing Industry Division (General Order 96-B, Section 3.11). Effective Date Pursuant to CPUC General Order 96-B, General Rules Section 9.2.3, PG&E submits this advice as a Tier 3 advice letter, and requests that this submittal become effective upon Commission submission. Notice In accordance with General Order 96-B, Section IV, a copy of this advice letter is being sent electronically and via U.S. mail to parties shown on the attached list. Address changes to the General Order 96-B service list should be directed to PG&E at email address PGETariffs@pge.com. For changes to any other service list, please contact the Commission’s Process Office at (415) 703-2021 or at Process_Office@cpuc.ca.gov. Send all electronic approvals to PGETariffs@pge.com. Advice letter filings can also be accessed electronically at: http://www.pge.com/tariffs/. /S/ Erik Jacobson Director, Regulatory Relations Attachments
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ADVICE LETTER SUMMARY ENERGY UTILITY MUST BE COMPLETED BY UTILITY (Attach additional pages as needed) Company name/CPUC Utility No.: Pacific Gas and Electric Company (ID U39E) Utility type: ELC GAS PLC ✔ HEAT ELC = Electric PLC = Pipeline WATER Contact Person: Yvonne Yang Phone #: (415)973-2094 E-mail: PGETariffs@pge.com E-mail Disposition Notice to: QXY1@pge.com EXPLANATION OF UTILITY TYPE GAS = Gas WATER = Water HEAT = Heat (Date Submitted / Received Stamp by CPUC) Tier Designation: 3 Advice Letter (AL) #: 5541-E Subject of AL: Limited One-Time Deviation From PG&E's Agreement to Perform Tariffs Related Work (Form 62-4527) for the California Department of Water Resources (DWR) Pursuant to CPUC General Order 96-B, Section 9.2.3. Keywords (choose from CPUC listing): Agreements AL Type: Monthly Quarterly Annual ✔ One-Time Other: If AL submitted in compliance with a Commission order, indicate relevant Decision/Resolution #: N/A Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: No Summarize differences between the AL and the prior withdrawn or rejected AL: Yes ✔ No See attached matrix that identifies all of the confidential informa ✔ Yes No 5/9/19 No. of tariff sheets: 3 Estimated system annual revenue effect (%): N/A Estimated system average rate effect (%): N/A When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting). Tariff schedules affected: List of Contracts and Deviations Service affected and changes proposed1: N/A Pending advice letters that revise the same tariff sheets: N/A 1 Discuss in AL if more space is needed. Clear Form
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Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this submittal, unless otherwise authorized by the Commission, and shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, CA 94102 Email: EDTariffUnit@cpuc.ca.gov Name: Erik Jacobson, c/o Megan Lawson Title: Director, Regulatory Relations Utility Name: Pacific Gas and Electric Company Address: 77 Beale Street, Mail Code B13U City: San Francisco, CA 94177 Zip: 94177 State: California Telephone (xxx) xxx-xxxx: (415)973-2093 Facsimile (xxx) xxx-xxxx: (415)973-3582 Email: PGETariffs@pge.com Name: Title: Utility Name: Address: City: State: District of Columbia Telephone (xxx) xxx-xxxx: Facsimile (xxx) xxx-xxxx: Email: Zip: Clear Form
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Attachment 1 Advice 5541-E Cal P.U.C. Sheet No. Title of Sheet Cancelling Cal P.U.C. Sheet No. 44220-E LIST OF CONTRACTS AND DEVIATIONS (Continued) Sheet 39 30666-E 44221-E ELECTRIC TABLE OF CONTENTS Sheet 1 44170-E 44222-E ELECTRIC TABLE OF CONTENTS Sheet 21 43410-E Page 1 of 1
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Cancelling U 39 Revised Revised Cal. P.U.C. Sheet No. Cal. P.U.C. Sheet No. 44220-E 30666-E San Francisco, California LIST OF CONTRACTS AND DEVIATIONS (Continued) Sheet 39 Name and Location of Customer Most Comparable Regular Tariff Execution and Expiration Dates Commission Authorization Number and Date Street Lighting 11-23-62 3-8-68*2 State of California Dept. of Water Resources Oregon Gulch Butte County General Service State of California Division of Beaches & Parks Folsom Lake Recreation Area El Dorado County State of California Dept. of Fish & Game Fish Hatchery, Pit 1 P.H. Shasta County PG&E Installation Reference No. Type or Class of ___Service___ Schedule or Rule No. Contract Difference G.O.96-A,X.B. 8-20-63 LS-2 Rate for 100-Watt Mercury Vapor Lamp 12-6-62 5-29-68*2 G.O.96-A,X.B. 7-2-63 Rule 15 Monthly Charge For Excess Facilities Domestic and General Service 3-10-65 5 Years*2 G.O.96-A,X.B. 6-15-65 Rule 15 Monthly Charge For Excess Facilities Domestic and General Service 5-8-68 12-31-68 G.O.96-A,X.B. 9-15-70 Rule 15 Monthly Charge For Excess Facilities SA 4002 State of California Dept. of Parks and Recreation Oroville Reservoir Loafer Creek Butte County Coml/Ind 12-31-69*2 G.O.96-A,X.B. 5-5-76 Rule 15 Sec. E.7 Monthly Cost of Ownership Charges State of California California Highway Patrol Mt. Hough, Plumas County Coml/Ind 9-24-73*2 G.O.96-A,X.B. 3-26-75 Rule 15 Sec. E.7 Monthly Cost of Ownership Charges State of California Dept. of Water Resources (DWR) Colusa Colusa County General Service 05-07-19 (one time) G.O. 96-B 05-10-18 Advice 5541-E Form 62-4527 Indemnification Coml 11-16-78 5 Years*1 Res. E-1818 1-4-79 Rule 1 Monthly Cost of Ownership Charge Coml/Ind 7-1-81 --- Res. G-2458 3-2-82 Rule 15.2 Cost of Ownership Charge City of Red Bluff Coml 10-7-81 --- --- Rule 15 Cost of Ownership Charge Placer County Coml 2-7-08 (one time) G.O. 96-B 2-5-08 Form 62-4527 Indemnification SACRAMENTO VALLEY REGION (Cont’d.) State Agencies University of California Davis Campus (N) | | | (N) Counties and Cities City of Placerville City of Davis and Davis Research Park Associates _______________ *1 to *4 See last page of Electric Contracts and Deviations Section for explanation of footnotes. (Continued) Advice Decision 5541-E Issued by Robert S. Kenney Vice President, Regulatory Affairs Submitted Effective Resolution May 9, 2019
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Cancelling U 39 Revised Revised Cal. P.U.C. Sheet No. Cal. P.U.C. Sheet No. 44221-E 44170-E San Francisco, California ELECTRIC TABLE OF CONTENTS Sheet 1 TABLE OF CONTENTS SCHEDULE CAL P.U.C. SHEET NO. TITLE OF SHEET Title Page ............................................................................................................................... 44221-E Rate Schedules ..............................44171,44172,44173,44174,44175,44176,41779,43935,44177-E Preliminary Statements ...................................... 44178,40534,42856*,43670,41723,40591,44040-E Rules ................................................................................................................ 43022,43023,43210-E Maps, Contracts and Deviations ............................................................................................ 44222-E Sample Forms ... 40925*,37631,41151*,41573*, 37632,41152*,41153,37769,44035,40671,37169-E (T) (T) (Continued) Advice Decision 5541-E Issued by Robert S. Kenney Vice President, Regulatory Affairs Submitted Effective Resolution May 9, 2019
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Cancelling U 39 Revised Revised Cal. P.U.C. Sheet No. Cal. P.U.C. Sheet No. 44222-E 43410-E San Francisco, California ELECTRIC TABLE OF CONTENTS Sheet 21 CAL P.U.C. SHEET NO. TITLE OF SHEET Maps, Contracts and Deviations SERVICE AREA MAPS Electric Service Area Map .......................................................................... 34575-E LIST OF CONTRACTS AND DEVIATIONS .................. 13819,13794,37604,37465,12000,12001,13672,12003,19350,11435, .................. 43408,20977,29590,12006,21635,21636,29591,34524,11191,12010, .................. 11193,11194,11195,12969,31155,12012,29592,33251,29670,31469, .................. 12955,19353,12018,12019,12020,12021,12022,12023,44220,17259, .................. 12026,13092,11211,12027,12028,16703,12030,12031,14035,29593, ................ 12032,23621,11219,12034,20831,12036,11223,11986,11987,40145*, ........................................................................................................ 16898,11227-E (T) (Continued) Advice Decision 5541-E Issued by Robert S. Kenney Vice President, Regulatory Affairs Submitted Effective Resolution May 9, 2019
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Advice 5541-E Attachment A Executed Revised Agreement
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March 13, 2019 BRIAN FERRERO CALIFORNIA DEPARTMENT OF WATER RESOURCES, A Government Agency 1416 Ninth Street, Rm 425 SACRAMENTO CA 95814 RE: Contract ID: 1244976: Moon Bend Dear BRIAN FERRERO Enclosed are gee and/er electric agreements for your project located at: MOON BEND RD CLAY ST. COLUSA, 95932 This latter summarizes the agreements for this project. No"_Re“mdab‘s 50% Dlswum Payment Option‘ Option‘ I Rearrangement Costs $42,195.13" $0.001 stung ass Credit (Enginaenng Advance. etc.) $5.00D,0 $0.0Ct $0.0 TOTAL $37,195.16 $0.00 $0.00 TOTAL PAYMENT DUE $37,195.16 OR $37,195.16 Only to Rule 15 Refundable Amounts. Amount shown is less tor associated Applicant work. Thl Inrzoma Tax Component oi‘ Contribution (lTGC] Ls included In tin above when Changes to the agreement, either to any of the terms or to the amount owing, are not permitted, and any change or Intertlnoatlons voids tho agreement. The payment or any amount less than the tuil amount shown will be deposited by PG&E, but PG&E will not begin any work on this contract until the amount ts paid In lull. The contract shall be deemed effective the date a fully executed copy is received by PG&E. Please allow 45 days from PG&E's receipt of the Agreement for construction to commence. if the agreement is not returned to PG&E within 90 days of the date of this letter. the proposed agreement is canceled and PG&E may need to re-estimate the Job. PG&E is committed to providln tlmeiy and service and we look forward to continuing to work with you on this and future projects. Should you have any questions regarding these contracts, please Contact your project manager Brent Drawver at 661-637- 9807 or B1 D0@pga.com. T0 complete [OUT contract ONUNE I Follow the instructions provided with your electronic Submit payment at Sincerely, Andrew Nawarrem: Andrew Navarrelte Supervisor, Service Pianning ii 425477iJE To complete your contract BY MAIL. I Make Chadts payable to: PGE or Pacific Gas and Electric Complete. sign and retain one copy of the agreement tor your records Complete, sign and return one copy olthe agreement with your payment to: PG&E CFMIPPC DEPARTMENT PO BOX 997340 Sacramento, CA 9589947340 Rel Contract ID: 1244976 MOON BEND RD A CLAY ST. CULUSA. 95992
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035 DISTRIBUTION: REFERENCE: Electric Barnpany’ I3 AWE", (OWE!) Notification II 25 770 T’ “T” Ountreclfl 1244976 AGREEMENT To PERFORM TARIFF gig-gm mm SCHEDULE RELATED WORK‘ DEPARTMENT OF WATER RESOURCES. A Government Agency (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a corpomtlon (PG&E), Ia periorm the tarifl schedule related work as located and described In paragraph herein‘ FG&E agrees to perform the requeshad work and ftimlsh all necessary labor, equipment, materials and related required Inérerare, subject In lite ramming condillons: 1. Whenever part or all of the requested work is to be iumishcd or performed upon property other titan that at shall first from such riwners all necessary rights~o1-way and/or permits In a form Sallslactury to PG&E and without cost to II. 2. Applicant shall indomniiy and hold harmless PG&E. its officors, agents and employees, against all loss. damage. expense and liability resulting from Inlury to or death of any person. including but not limited to, employees or PGKE, Applicant or any third party, or Iur Ina lass, destruction ordamags to property, Including, but not limited to properly oi PG&E, Applicant or any third party, nrislng out of or in any way connected with the poriorinanee of this agreement, however caused, In the extant caused by the active negligence or williul misconduct of PGRIE, its officers. agents and empluyerys. Applicanl will pay all costs that may be Incurred by PGBIE In enforcing this indlomnity, including reasonable attorneys’ fees. 3. Tina location and requested want are described as lollows: (Describe In the materials and ianllities to be and/or work lo be performed by PG&E. II more space is required, use other side and attach any necessary drawings as Exhibits A, B, G, elm): LOCATION: BEND ED QLAI QQLUSA 95932 DESCRIPTION OF WORK: P§§ IS BELOCQ ING PRIMARY TAP T0 SERVICE FEEDING AG PUMP TO THIRD PARTY AT THE REQUEST OF DWR Elaciric Gas Engineering Administrative Cost $10 065.89 30,00 Value at Applicant Design Work $0.00 50,00 Additional Applicant Design Plan Chews $0.00 50,00 (Cable. Transformers I Gas Pipe) $15 640.45 5000 Trench, Conduits 8. substructures $0.00 50,00 Tie-in I Meters $8,322.01 $0_o0 Trench Permits Land Rights $0.00 50,00 inspection Fees _-1 5000‘ Sub Total $34,023.35 50,00 plus ITCC 11.0% Electric _Q,Q‘Z; Gas 5000 plus Nun Taxable Wurk $0.00 5000 D.0405055 Llne Extension Costs Residential §0.00 $000 DQ405055 Llne Extension Costs Non-Residential $0.00 $0.00 less Value of Relocation Applicant Design Work $0.00 $000 less Work Provide by Applicant $0.00 5000 less salvage I-) $0.00 SE00 Total Payment 342 195.16 50.00 Page I or: I Fonn 52.4527 Advice 4002-B6349-E Ill WWI I ll 1tlI25'177DE
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gas and DISTRIBUTION: REFERENCE: Electric Culnpany‘ AMca,,,(o,;gi,,a” Nolifvcation mmzm ‘T m__ 0‘ I Contract?! 1243325 ‘W’ ERR-PM mazgeg El Cushmel Cave (Copy) GRR-PM ta AGREEMENT TO PERFORM TARIFF SCHEDULE RELATED WORK‘ 4. Applicant shall pay to PG&E, upon damand by PG&E, as the contract price hereunder, Ihe sum of Fonv-Two Thousand One Hundred Nmalv-Five Dollars And Sixteen CenlQ.($42.195.16) 5.1 This at all limos shall be subiccl Io such modificalions as lhu Calilomla Public Commission may dwact lrom {inns lo lime In Ihe sxamlsa ol lls |urlsdic|lan. Upon mmplalion ovrsquasusu work. shall vest in: [E1 F‘GB.E ZlAppncam Executed 1hls_ /S7_ aayor,_ zugv This ngrcomcnt is effective when acoopwd and oxocuted by PG&E. DEPARTMENT OF Wat“ PACIFIC GAS AND ELECTRIC COMPANY A Government Agency App!/can! Brian Ferrero Anibal! yf Right of Way Agent Superv r. Service PlannIng__ rm: Tflls 5- I 21:17 57/ Data rozoL7 Malling Address: 1416 Ninth Street. Room 425 Sacramento, CA 95814 ’Aulcmamd Smmmonl. Farl Pig? of |1425177UE
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PG&E Gas and Electric Advice Filing List General Order 96-B, Section IV AT&T Albion Power Company Alcantar & Kahl LLP Alta Power Group, LLC Anderson & Poole Atlas ReFuel BART Barkovich & Yap, Inc. P.C. CalCom Solar California Cotton Ginners & Growers Assn California Energy Commission California Public Utilities Commission California State Association of Counties Calpine Cameron-Daniel, P.C. Casner, Steve Cenergy Power Center for Biological Diversity City of Palo Alto City of San Jose Clean Power Research Coast Economic Consulting Commercial Energy County of Tehama - Department of Public Works Crossborder Energy Crown Road Energy, LLC Davis Wright Tremaine LLP Day Carter Murphy Dept of General Services Don Pickett & Associates, Inc. Douglass & Liddell Downey & Brand East Bay Community Energy Ellison Schneider & Harris LLP Energy Management Service Evaluation + Strategy for Social Innovation GenOn Energy, Inc. Goodin, MacBride, Squeri, Schlotz & Ritchie Green Charge Networks Green Power Institute Hanna & Morton ICF International Power Technology Intestate Gas Services, Inc. Kelly Group Ken Bohn Consulting Keyes & Fox LLP Leviton Manufacturing Co., Inc. Linde Los Angeles County Integrated Waste Management Task Force Los Angeles Dept of Water & Power MRW & Associates Manatt Phelps Phillips Marin Energy Authority McKenzie & Associates Modesto Irrigation District Morgan Stanley NLine Energy, Inc. NRG Solar Office of Ratepayer Advocates OnGrid Solar Pacific Gas and Electric Company Pioneer Community Energy Praxair Regulatory & Cogeneration Service, Inc. SCD Energy Solutions SCE SDG&E and SoCalGas SPURR San Francisco Water Power and Sewer Seattle City Light Sempra Utilities Southern California Edison Company Southern California Gas Company Spark Energy Sun Light & Power Sunshine Design Tecogen, Inc. TerraVerde Renewable Partners Tiger Natural Gas, Inc. TransCanada Troutman Sanders LLP Utility Cost Management Utility Power Solutions Utility Specialists Verizon Water and Energy Consulting Wellhead Electric Company Western Manufactured Housing Communities Association (WMA) Yep Energy
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