1
Exhibit 10.6(b)
AMENDMENT NO. 1 TO THE
COMMON FACILITIES AGREEMENT
This Amendment No. 1, dated as of January 21, 1992, is made to that certain
Common Facilities Agreement entered into as of May 6, 1981, by THE MONTANA POWER
COMPANY, PUGET SOUND POWER AND LIGHT COMPANY, PUGET COLSTRIP CONSTRUCTION
COMPANY, THE WASHINGTON WATER POWER COMPANY, PORTLAND GENERAL ELECTRIC COMPANY,
and PACIFIC POWER AND LIGHT COMPANY.
1. All terms defined in the Common Facilities Agreement shall have the same
meanings when used in this Amendment No. 1.
2. The Common Facilities Agreement is hereby amended, effective as of May 6,
1981, as follows:
a) The first paragraph of Page 1 of the Common Facilities Agreement is
deleted and the following paragraph is inserted in lieu thereof:
"This Agreement is made as of the 6th day of May, 1981, by and
between the following parties: THE MONTANA POWER COMPANY, a Montana
corporation ("Montana"); PUGET SOUND POWER AND LIGHT COMPANY, a
Washington corporation ("Puget"); THE WASHINGTON WATER POWER
COMPANY, a Washington corporation ("Water Power"); PORTLAND GENERAL
ELECTRIC COMPANY, an Oregon corporation ("Portland"); and PACIFIC
POWER AND LIGHT COMPANY, now PACIFICORP, an Oregon corporation
("Pacific"):"
b) Subsection 1(f) is deleted and the following Subsection is inserted
in lieu thereof:
"(f)" "Owners" means Montana, Puget, Water Power, Portland, and
Pacific, and shall include their successors and assigns of an
ownership interest in the Project or any part thereof."
c) Section 2 is deleted and the following Section is inserted in lieu
thereof:
"2. TERM
This agreement shall be effective and binding when executed by
Montana, Puget, Water Power, Portland and Pacific. This agreement
shall continue until the end of (a) the term of the #1 and #2 Owners
Agreement or (b) the term of the #3 and #4 Owners Agreement;
whichever occurs first, provided, however, that Section 10 hereof
shall survive until the end of the term of
2
both the #1 and #2 Owners Agreement and the #3 and #4 Owners
Agreement."
d) Section 5 is deleted and the following section is inserted in lieu
thereof:
"5. COST ALLOCATION
The costs of construction, operation and maintenance of the
Common Facilities shall be allocated between the Colstrip Units #1
and #2 and Colstrip Units #3 and #4 in the portion provided in
Exhibit A to this amendment, as modified from time to time.
The costs of construction of these agreed Common Facilities were
negotiated and settled between Colstrip Units #1 and #2 and Colstrip
Units #3 and #4 and resulted in a payment of $5,340,213 which
includes carrying charges to May 1, 1989, to the Colstrip #1 and #2
Owners by Portland, Water Power, and Pacific. This settlement also
recognizes Puget's and Montana's share of Units #3 and #4.
A Committee may at any time propose to the Committees a revised
method of allocating operation and maintenance costs which it
believes is more equitable than the initial allocation herein
provided. Each Committee shall use every effort in good faith to
negotiate such revised method of allocating operation and
maintenance costs and shall proceed under Section 9 if such effort
does not result in agreement."
e) To Section 13, add the following:
"(e) Exhibit A, attached to this Amendment No. 1, is substituted for
Exhibit A referenced in Section 3, Section 5 and Section 7(b).
3. The Common Facilities Agreement, as amended by this Amendment No. 1,
remains in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 is
several counterparts.
THE MONTANA POWER COMPANY
By /s/ G. H. Van Hoy
-------------------------------------
Its ____________________________________
ATTEST:
/s/ [ILLEGIBLE]
- ------------------------
Asst. Secretary
3
PUGET SOUND POWER AND LIGHT
COMPANY
By /s/ [ILLEGIBLE]
-------------------------------------
Its Vice President Power Systems
------------------------------------
ATTEST:
/s/ [ILLEGIBLE]
- ------------------------
Asst. Secretary
THE WASHINGTON WATER
POWER COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PORTLAND GENERAL ELECTRIC
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PACIFICORP, doing business as
PACIFIC POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Corporate Secretary
4
PUGET SOUND POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
THE WASHINGTON WATER
POWER COMPANY
By /s/ [ILLEGIBLE]
-------------------------------------
Its VICE PRESIDENT POWER SUPPLY
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PORTLAND GENERAL ELECTRIC
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PACIFICORP, doing business as
PACIFIC POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Corporate Secretary
5
PUGET SOUND POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
THE WASHINGTON WATER
POWER COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PORTLAND GENERAL ELECTRIC
COMPANY
By /s/ Peggy Y. Fowler
-------------------------------------
Its Vice President of Power Products
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PACIFICORP, doing business as
PACIFIC POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Corporate Secretary
6
PUGET SOUND POWER AND LIGHT
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
THE WASHINGTON WATER
POWER COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PORTLAND GENERAL ELECTRIC
COMPANY
By
-------------------------------------
Its
------------------------------------
ATTEST:
- ------------------------
Asst. Secretary
PACIFICORP, doing business as
PACIFIC POWER AND LIGHT
COMPANY
By /s/ William C. Brauer
-------------------------------------
Its Vice President
------------------------------------
ATTEST:
/s/ Sally A. Nofziger
- ------------------------
Corporate Secretary
7
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
-----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- -----------------------------------------------------------------------
1. Sewer System x -- .3186 .6814 x -- .3868 .6132
2. Fire Protection Common Areas and
System Installed by Fire Pumps Shared
Units #1 & #2 x -- .9500 .0500 x -- .3186 .6814
(Allowance for #3 & No Sharing For
#4 Connection) Other Areas
3. Fire Pump & Fire Common Areas And
Protection System Fire Pumps Shared
Installed by Units -- x -- 1.0000 -- -- .3186 .6814
#3 & #4 No Sharing For
Other Areas
4. Garage & Warehouse
(Units #1 & #2) x -- .5000 .5000 x -- .4208 .5792
5. Meteorological
Structures x -- .5000 .5000 x -- .5000 .5000
6. Air Quality Monitor-
ing Structures
(Excluding Indian x -- .5000 .5000 x -- .5000 .5000
Reservation)
7. Coal Handling Crew
Facilities
(Units #1 & #2) x -- .5000 .5000 x -- .3243 .6757
8. Portable Dredge x -- .5000 .5000 x -- .5000 .5000
9. Diesel Fuel Storage x x .5000 .5000 -- -- .4208 .5792
10. Gasoline Storage x -- .5000 .5000 x -- .4208 .5792
11. Waste Oil Storage -- x .5000 .5000 -- x .4208 .5792
12. 115 kV Start-up
Transmission Line
(Switchyard to x -- .5000 .5000 x -- .4208 .5792
Common Connection)
13. Truck Scale x -- .5000 .5000 x -- .5000 .5000
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8
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
-----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- -----------------------------------------------------------------------
14. Fly Ash Pond Pump
House (Excluding x -- .6000 .4000 x -- 1.0000 .0000
Process Equipment
15. Drainage and Runoff x -- .3200 .6800 x -- .3200 .6800
Retention
16. River Pumping
Station & Facility
(Including):
a. Intake Canal & x -- .3186 .6814 x -- .3186 .6814
Structure
b. Pumps (Excluding
Labor) Furnished x -- .6593 .3407 x -- .3186 .6814
by Units #1 & #2
c. Other Mechanical
(Excluding Pumps
but Including
Labor & Electrical
Equipment Furnished
by Units #1 & #2 x -- .5000 .5000 x -- .3186 .6814
d. Cyclone & Auxil.
Pump at River -- x .3816 .6814 x .3816 .6814
e. River Pumps, Other
Mechanical & Elec.
Equip. Furnished x .0000 1.0000 -- .3816 .6814
by Units #3 & #4
17. Coal Handling Fac.
Including:
a. Concrete Tunnel x -- .5000 .5000 x -- ( ) ( )
b. Receiving Hoppers x -- .5000 .5000 x -- (l.0000) ( )
c. Conveyor #6 x -- .5000 .5000 x -- ( of ) (Billed)
d. Sampler x -- .7140 .2860 x -- (normal) ( as )
e. Dust Collectors (costs) ( used )
#2 & #3 x -- .9000 .1000 x -- ( ) ( )
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9
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
-----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- -----------------------------------------------------------------------
18. Surge Fond Structure
and Equipment
Including:
a. Pond x -- .3186 .6814 x -- .3186 .6814
b. Structures x -- .3186 .6814 x -- .3186 .6814
c. Mechanical and
Electrical Equip.
Furnished by x -- .6593 .3407 x -- .3186 .6814
Units #1 & #2
d. Mechanical and
Electrical Equip.
Furnished by -- x .0000 1.0000 -- -- .3186 .6814
Units #3 & #4
e. Cutoff Wall #1 x -- .3186 .6814 x -- .3186 .6814
f. Cutoff Wall #2 x -- .3186 .6814 x -- .3186 .6814
g. Surge Pond
Control Cable -- x .3186 .6814 x -- .3186 .6814
Replacement
19. Environmental Lab
in Scrubber Area -- x .5000 .5000 -- x .4208 .5792
20. Converted
Construction -- x .2000 .8000 -- x .2000 .5000
Buildings
21. #1 & #2 Adam. Bldg. x -- .5000 .5000 x -- .5000 .5000
22. #3 & #4 Adam. Bldg. -- x .3000 .7000 -- x .3000 .7000
Includes:
a. Repair Shop
b. Telephone Room
c. Electric Shop
d. Chem Lab
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10
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
-----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- -----------------------------------------------------------------------
Excludes:
a. Aux Boiler
b. Heating Boiler
c. Water Treatment
Area
23. Machine Shop, I&C
Shop. & Chem Lab x -- .5000 .5000 x -- .4208 .5792
(Units #1 & #2)
24. New Warehouse and x x .4000 .6000 x x .4000 .6000
Offices
25. Environmental Bldg. x x .4000 .6000 x x .4000 .6000
26. Paving Parking x x .3186 .6814 -- -- .4208 .5792
Areas & Roads
27. Plant Security & x x .3186 .6814 -- -- .4208 .5792
Fencing
28. Yard Lighting x x .3186 .6814 -- -- .4208 .5792
29. Telephone Equipment x x .3168 .6814 -- -- .4208 .5792
30. Plant Landscaping x x .3186 .6814 -- -- .4208 .5792
31. Cathodic Protection
for River Pipeline x x .3156 .6814 -- -- .3186 .6814
32. ATR -- x .3186 .6814 -- -- .3186 .6814
33. River Water Pipeline
to Surge Pond
Furnished by x -- .8632 .1368 x -- .3186 .6814
Units #1 & #2
34. River Water Pipeline
to Surge Pond
Furnished by -- x .0000 1.0000 -- -- .3186 .6814
Units #3 and #4
35. North Plant -- x .3186 .6814 -- x .3186 .6814
Sediment Pond
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11
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- ----------------------------------------------------------------------
36. Computer Capitalized x x .3186 .6814 -- -- .4208 .5792
Facilities
37. Gas Bottle Storage x x .3186 .6814 -- -- .4208 .5792
Rack
38. All Vehicles Costs of Owner-
Identified on the ship & 0&M Based
Colstrip Project on Actual Use.
Division Vehicle Replacements
Roster with an Based on:
Assigned Number x x .5000 .5000 -- -- .3868 .6132
from 3700 to 3999
39. Major Mobile Equip-
ment as Identified Costs of Owner-
on the Colstrip ship & O&M Based
Project Division on Actual Use.
Equipment Roster Replacements
with an Assigned Based on:
Number from 4000 x x .5000 .5000 -- -- .4208 .5792
4099
40. Miscellaneous
portable & mobile Costs of Owner-
equipment on the ship & O&M Based
Colstrip Project on Actual Use.
Division Equipment Replacements
Roster with an Based on:
Assigned Number x x .5000 .5000 -- -- .4208 .5792
from 4200 to 4399
41. Machine Shop Equip. x x .5000 .5000 x x .4208 .5792
42. Scaffolding x x .5000 .5000 -- -- .4208 .5792
43. Warehouse Equipment
as Identified on the
Colstrip Project
Division Equipment
Roster with an
Assigned Number x x .5000 .5000 -- -- .4208 .5792
from 4400 to 4499
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12
REVISED 6/25/90
EXHIBIT "A" TO COMMON FACILITIES AGREEMENT
---------------------------------------
Cost Allocations Per Article 5
- --------------------------------------------------------------------------------------------------
Original Costs To Future Costs Of
Facility Be Reallocated Replacement, Own-
Facility Ownership As Per Columns ership, & O&M To
Originally Allocation To Left) By Shared On Follow-
Funded (Per Article 3) Payment ing Fractional
By Product: To Project: To Project: Basis By Project:
----------------------------------------------------------------------
FACILITY DESCRIPTION 1&2 3&4 1&2 3&4 1&2 3&4 1&2 3&4
- -------------------- ----------------------------------------------------------------------
44. Laboratory and x x .5000 .5000 -- -- .4208 .5792
Special Test Equip.
45. Furniture x x .3868 .6132 -- -- .3868 .6132
46. Land as Described
in Exhibit B x -- .3186 .6814 x -- .3186 .6814
attached hereto
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