HomeMy WebLinkAboutAgenda Report - August 19, 1992 (103)CW
CITY . LODI
AGENDA TITLE: Approve Execution of the Bonneville Power Administration/Northern
California Power Agency Enabling Agreement (Umbrella Agreement)
MEETING DATE: August 19, 1992
PREPARED BY: Electric Utility Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution which
authorizes the execution of the Bonneville Power
Administration/Northern California Power Agency Enabling
Agreement (Umbrella Agreement) on file in the office of
the City Clerk
BACKGROUND INFORMIATION: The purpose of the Enabl inq Agreement (Umbrella Agreement)
is to duly recognize Bonneville as the Pacific Northwest
"Marketing and Transfer" agency for all transfers of
power out of the Northwest. Transfers it power and energy
from Canadian power agencies and Northwest agencies all require formal agreement and
acceptance by Bonneville. This Enabling Agreement, authorized by Bonneville, allows
Northern California Power Agency to transfer power and energy with the Northwest on
behalf of its members for a twenty-year period.
Approval of the Enabling Agreement pursuant to the attached Resolution will ensure
proper execution of the necessary documents to assure timely participation in the
power exchange with the City of Seattle and any other services economically
available in the Northwest.
FUNDING: Not applicable.
Henry J. R i cle
Electric Utility Director
c: City Attorney
Manager, Rates 6 Resources
APPROVED
THOMAS A PETERSON
City Manager
l CC:.BPA/C0. COM Cc-,
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RESOLUTION NO, 92-136
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING SXBCUTION OF THE BONNEVILLE POWER
AiflilNiSTRATION/NpRTHRRP CALIFORNIA POWER AGENCY
ENABLING AGREMCWT (UMRELLA AGRZFM TP)
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WHEREAS, Bonneville Power Administration (SPAY is a power
marketing agency within the Department of Energy which controls and
administers all power transactions into and out of the Pacific
Northwest; and
NHERBAS, northern California Power Agency (NCPA), of which Lodi
is a participant, has found that it would be economical for its
participating members to seasonally exchange capaicity•and energy with a
Pacific Northwest utility; and
WHERZ%S, Seattle City Light (SCL) is a department of the City of
Seattle, a Washington State municipal corporation that has contracted
with NCPA to provide power exchanges which require a contractual
mechanism recognizing BPA as the Pacific Northwest power marketing
agent for such purposes; and
WKKREAS, NCPA conteMlates future purchases and sales of surplus
energy (firm, noniirm and/or provisional) and other services which may
from time to time become available in the Pacific Northwest; and
WHRRSA.S, this 20 -year agreement with BPA to make purer exchanges
with Pacific northwest power entities will enable NCPA to "do business"
with SCL and other Pacific Northwest companies; and
1P1MKvAS, K P A Counsel and the NCPA Commission have reviewed the
Agreement and recomMAL�nd its approval by the participants.
NOW, THEREFORE, B-9 IT RESOLVED that the City Council hereby
authorizes participation in the SPA/NCPA Umbrella Agreemenr.
BF IT FURTHER RBSOLVXD that the City Manager is authorized to
execute the Agreement.
Dated: August 19, 1992
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I hereby certify that Resolution No. 92-136 was passed and
adopted by the Lodi City Council in a regular meeting held August 19,
1992 by the following vote:
Ayes: Council Members -
Noes: Council timbers -
Absent: Council Members
Alice M. Reimche
City Clerk
92-135
RES92136/TXTA.0'.V
RESOLUTION NO. 92-136
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING EXNCUTION OF THE BONNEVILLE POWER
ADKINISTRATIONMORTHER11 CALIFORNIA POWERAGENCY
ENABLING AGREEMNT (UMBRELLA AGREEMENT)
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MMRSAS, Bonneville Power Administration (BPA) is a power
marketing agency within the Department of Energy which controls and
administers all power transactions into and out of the Pacific
No::thwest; and
WHEREJAS, Northers- California Power Aqency (NCPA), of which Lodi
is a participant, has found that it would be economical for its
participating members to seasonally exchaixge capacity and energy vith a
Pacific Northwest utility; and
f[H UU AS, Seattle City Light (SCL) is a department of the City of
Seattle, a Washington State municipal corporation that has contracted
with NCPA to provide? power exchanges vhich require a contractual
mechanism recognizing BPA as the Pacific Northwest power marketing
agent for such purposes; and
WHEREAS, NCPA contemplates future purchases and sales of surplus
energy (firm, noofirm and/or provisional) and other services which may
from time to ti w beccme available in the Pacific Northwest; and
WHEREAS, this 20 -year agreement vith BPA to make power exchanges
with Pacific Northwest power entities will enable NCPA to "do business"
with SGL and other Pacific Northwest companies; and
WHEREAS, NCPA Counsel and the NCPA Commission have reWewed the
Agreement and recommend its approval by the participants.
NOW, THEREFORE, BE IT RESOLVED that the City council hereby
authorizes participation in the BPA/NCPA Umbrella Agreement.
BE IT FURTHER RESOLVED that the City Manager is authorized to
execute the Agreement.
Dated: August 19, 1992
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I hereby certify that Resolution No. 92-136 was passed and
adopted by the Lodi City Council in a regular meeting held August 19,
1992 by the following vote:
Ayes: Council Members - Hinchman, Pennino, Sieglock, Snider
and Pinkerton (Mayor)
Noes: Council Members None
Absent: Council Members (tone
Alice M- Reimche
City Clerk
92-1.36
RES92136/TXTA.02J
In reov,ete to. PMCE
Mr. Michael H. McDonald.
Northern Callfornla Power
180 Clrby Hay
Rosevllle, CA 95678
Dear Mr. McDonald:
Department of Energy
Bonneville Power Administration
P.O. Box 3621
Portland. Oregon 97208-3621
June 23, 1992
General Manager
Agency
(0RCEkF THE ApMNYISTRAIOR
Contract No. DIE-MS79-89BPy,vl9
Thls letter constitutes an Agreem^.nt among the United States of' America.
Department of Energy, acting by and through the Bonnevllle Power
Adtmini,tration (Bonneville), the Northern Callfornla Power Agency (NCPA),
and certain members of NCPA. which are the Cltles of Alameda, Biggs, Grldley,
Healdsburg. Lodl. Lompoc. Palo Alto, Rosevllle, and Uklah, and Plumas-Sierra
Electric Cooperative, herelnafter sometimes referred to lndivldually as
"Party" and collectively as "Partles". to provlde a contractual mechanism
for future purchases and sales of surplus energy (firm, nonflrrn and/or
provisional), surplus capaclty, power exchanges. and other services which the
Parties may agree from time to time to make avallable and purchase or exchange
for short-term perlods as specified below. Thls Agreement Is not a present
sale of such surplus power nor a present exchange, and does not constitute any
advance agreement or obligation for any Party ro make avallable or to purchase
or exchange any speclflc amount of such power or services.
Therefore. Bonneville proposes the following terms and conditions:
1. Term of Agreement. Thls Agreement shall become effective at
2400 hours on the date of execution, and shall remain in force and effect
unless terminated by a Party by glving at least 12 -months' written notice
to the other Partles: but in no event shall the term of this Agreement
extend beyond 20 years from the date of execution. All obligations and
liabilities accrued hereunder are hereby preserved untll satisfled.
2 Exp W U The following exhibits are attached hereto and made part
of this Agreement Exhlblt A - (Wholesale Power Rate Schedules and
General Rate Schedule Provisions) and Exhibit B - (General Contract
Provisions (Form PSC (SN) -1))
3 NAPA Ao Asim Agent for its Members A,1 day-to-day functions under
sections 4, 5. 6, and 7 of this Agreement shall be the responsibility of
NCPA. acting as agent for its members. These functions shall include, but
shall not be llmlted to, scheduling, accounting, billing lts members,
rendering bllls to Bonnevllle. and collection of payments from the members
and forwarding payments to Bonneville on bills rendered by Bonnevllle.
4. Sale of Surolus Enerav and Suralus CADAC Lty. At any time during the
term of thls Agreement, elther Bonnevllle or NCPA may offer to sell to the
other Party or request to purchase from the other Party avallable amounts
of surplus energy (firm, nonfirm, and/or provisional) and surplus capaclty
for short-term purchase. Any sale of such capaclty or energy shall be
promptly conflrmed In wrlting.
5. Power Exchanges or Other Siii"vices . Elther Bonneville or NCPA may
request the exchange of capacity or energy or other servlces. Upon such
request. the Partles shall endeavor to negotlate mutually agreeable terms
and conditions for such arrangement. Any agreement for a speclflc
exchange of capaclty cr energy or other servlce shall be promptly
confirmed In wrlting.
b- 109 tQ DF-L1Verv. All Bonnevllle deltverles to NCPA.
and all NCPA dellverles to Bonneville, under thls Agreement shall be at
the California -Oregon border, the Nevada -Oregon border, or to another
polnt as shall be mutually agreed upon by the Partles. Unless otherwlse
agreed, the receiving Party shall not be responsible for costs Incurred by
the dellvering Party in any dellveries of energy or capacity to the polnt
of dellvery.
NCPA shall arrange for transmission service to or from the polnt of
dellvery at the California -Oregon or Nevada -Oregon border. Bonneville.
NCPA, and any other necessary entlty shall exchange mutually agreed upon
schedules for NCPA's accounts.
Unless otherwlse agreed. Bonneville and NCPA shall each be solely
responslble for the provision of its support servlces for the lntegratlon
of power dellvered or received at the point of dellvery under thls
Agreement.
(a) Bonnevllle shall submit a power bill to NCPA each month for any
surplus energy or capaclty sales at the applicable rate llsted in
Bonneville's Wholesale Power Rate Schedules or its successor rate
schedules, or at the rate negotlated pursuant to such rate schedules,
and in accordance with the General Rate Schedule Provlslons. NCPA
shall collect payments from its members and forward a single payment
to Bonnevllle in accordance wlth the terms of such rate schedule and
the General Rate Schedule Provlslons. Power bills which are not paid
In full by NCPA when due shall thereafter bear Interest at the dally
rate of interest specified in the then current General Rate Schedule
Provlslons. assessed on the unpaid balance on a dally basls until
payment is received by Bonneville
3
I
(b) NCPA shall submit a power blll to Bonneville by the tOnth (10th)
day of the month following the month of sale for sales at the rate
agreed to by the Parties. Bonnevllle shall pay wlthln 20 days after
the date of the blll. Bills shall reference the contract number of
thls Agreement and shall be sent to:
Bonnevllle Power Adminlstratlon
Chlef. Program and
Contract Review Section - OSAC
P.O. Box 3621
Portland, OR 97208-3621
Payment of the blll by Bonneville shall be accomplished byeelectronic
transfer within the 20 -day period. Bllls not pald in full on or
before the dose of buslness on the due date shall bear lnterest at
the rate consistent wlth the Prompt Payment Act Renegotlatlon Board's
lnterest rate published in the Federal Reglster. assessed on the
unpald balance on a dally basis until payment is received by NCPA.
(c) Any agreement for power exchanges or other services between
Bonnevllle and NCPA may specify other appropriate related
provlslons. Unless otherwise stated in wrlting. payment and other
related provlslons shall be in accordance wlth the General Rate
Schedule Provlslons.
(d) As necessary, Bonneville and NCPA shall identify individual(s)
and address(es) for receipt of offlclal notices. bllls. scheduling
procedures. and all other offlclal communications relating to each
transaction in any written conflrmatlon of a transactlon.
8. Applicable law. All sales and exchanges under this Agreement shall
be subject to statutes governing the surplus power marketing activitles of
Bonneville. lncluding but not llmlted to Public Law 88-552 (the Act of
August 31, 1964. 16 U.S.C. 837), and Sections 5(f) and 9(c) of Public
Law 96-501 (Northwest Electric Power Planning and Conservatlon Act.
16 U.S.C. 839).
9. Rajjf1_cai:ion of . All Parties to this
Agreement ereby acknowledge and ratify any and all short-term power
transactlons conducted between Bonneville and NCPA on cr after January 1.
1985. whether concluded or contlnulnq. and each Party deems any such
obllyatlons as transactlons under this Agreement. Any contlnuing
transactlon is deemed to be an obligatlon undor thls Agreement. All such
obllgations lncurred shall be preserved untll satlsfled. All prlor
dellverles of power which have been completed as of the date of execution
of thls Agreement. and all prlor payments made by elther Bonnevllle or
NCPA for such deliverles. are hereby expressly accepted and ratified by
all Partles. All dellverles of energy under any exchanges which have been
completed by Bonnevllle and NCPA are also hereby expressly ratlfled. All
Parttes agree that no obllgatlon remalns under any such prior completed
transactlons and expressly agree that all obllgatlons incurred by any
Party to another Party under such prior completed transactions have been
fully satisfied
4
10. Signature Clause. Each Party hereto represents that it hab the
authority to execute this Agreement and that it has been duly authorized
to enter into this Agreement.
11. Execution by Counterpart. This Agreement may be executed in a number
of counterparts and shall be deemed to constitute a single document with
the same force and effect as if the Parties hereto having signed a single
counterpart. had signed all counterparts. Each Party shall deliver an
executed counterpart to Bonneville. and Bonneville shall prepare a
conformed copy of this Agreement and deliver it to each Party. This
Agreement shall become effective at such time as it is executed by all
Parties.
If the foregoing terms are acceptable to NCPA and its members. please sign and
return one copy of this Agreement with a certified copy of an authorizing
resolution for each NCPA member signing. The remaining copy is for your files.
Sincerely„
r
Edward N. Sienkiewicz, Jr.
Senior Assistant Adminlstratot
NORTHERN CALIFORNIA POWER AGENCY
By
Name
(Print/Type)
Title
Date
ATTEST:
By
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(Print/Type)
Title _-
Date
CITY CF AUMEDA
By
Nam
(Print/Type)
Title
Date
ATTEST:
BY
name
(Print/Type)
T t t I e
Date
CITY OF GRIDLEY
BY
Rase
(Print/Type)
Title
Date
ATTEST:
BY
Name
(Print/Type)
Title
Date
CITY CF BIGGS
BY
Name
(Print/Type)
Tttle
Date
ATTEST:
By I
Name
(Print/Type)
T t t I e
Date
CITY CF HEALDSBURG
By _
Name
(Print/Type)
Title
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ATTEST:
By
Name
(Print /Type)
Title
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5
Approved as to form
W McNatt, City Attorney
Attest: ak r . 711
Al ir-ca M_
CITY OF LODI
By .0 .
Name A. Petersm
(Print/Type)
Title MY Mwmger
DateAugust 19, 1992
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY CE PALO ALTO
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
I
CITY OF LOMPOC
By
Name --
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY Of ROSEVILLE
By
flame
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
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6
C I N OF UKIAH
By
Name
(Print/Type)
Title
Date
ATTEST:
BY
Name
(Print/Type)
Title
Date
( its 10-PI4CE-4088c )
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7
PLUMS -SIERRA ELEIRIC COOPERATIVE
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
NCPA APU-*c #QW"
Northern California Power Agency
I so coby w,y. %ftv i. Calibrra VWe
MICHAEL W. McDONALD
(916)781-4223
July 31, 1992
W. Henry Rice
City of Lodi
221 W.Pine 3taeet
P.O. BcK 3006
Lodi, CA 95241-1910
S&ject BonnevrMe Power Adminis=tion/
NCPA Umbrella Agreement
Dear Mr. R i a:
As you may know, the BPA/NCPA enabling agreement (Umbrella Agreement) was approved at
the July Commission meeting. Duplicate originals of the subject Agreement are enclosed for
execution by your authorized representative. The Agreement has alreadybeen cxccuted by BPA,
ul -m aWroval by your City Council, please arrange execution of both originals. Please return
one of the originals along with an originally signed resolution authorizing execution of the
Agreement BPA, beim the bureaucracy that it is, stresses that they need both an originally
signed agreement and resolution in order to "authenticate" the Agreement Please return these
to Ms. Gail Sipple. NCPA will forward the duplicate original and resolution from each member
toBPA for their authentication procrss. A fully authenticated copy will be returned to you for
your records.
Sincerely,
l l
THOMAS C. GREEN
Power ContractsEngineez
TCG/d6
cc: Michael W. McDonald
Gail Sipple
City Clerks of Partic rating Members