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HomeMy WebLinkAboutAgenda Report - May 18, 1988 (57)C 0 U .4 C I L C O M M U N I C A T, J N TO = THE CITY COUNCIL FROM: THE CITY MANAGER'S OFFICE COUNCIL MEETING DATE: MAY 18, 1988 SUBJECT: ADOPT RESOLUTION CONCURRING WITH THE EXECUTION OF AGREEMENT WITH BONMEVILLE POWER ADMINISTRATION FOR POWER PURCHASES FOR 1988-89 On My 28, 1987 the Northern California Power Agency, by NCPA Commission adoption of Resolution No. 87-23, approved an Agreement with the Bonneville Power Administration (See Exhibit A attached). This Agreement provides for the purchase and sale of surplus firm power. The term of this Agreement is June I, 1988 through September 30, 1989 subject to earlier termination by NCPA if NCPA, for reasons beyond its control, shall lose the assignment of transmission capacity which it has received from the Sacramento Municipal Utility District. RECOMMENDED ACTION: That the City Council adopt Resolution No. 88-67 (Exhibit B attached) concurring with the City Manager's execution of Agreement with the Bonneville Power Administration for power purchases for 1988-89 as approved by the Northern California Power Agency. A�) �- omek Alice M. Reimche City Clerk AMR: JJ COUNCOM9 TXTA.02D M Department of Energy r-c�-.:;x Adrn::;istri ;ion PO. 5;�):< 3621 ?•::,end. C_Gcn 97208-3621 DEC 0 3 1:37 `:orthern California Power _y, T;:a Cityof llr:caada, California '-.,- City of City of Lodi, California The City Of Lompoc, California The City Of Palo Alto, California The City of Roseville, California T he City of Ukiah, California Gentlemen: Contract No. L'G-:1S79-S6?,P92322 .,__..Mlle, California This letter constitutes an offer to contract between the United States of A_^,.erica, Department of Energy, actin- by and through the Bonneville Power Administration (Bonneville), and seven members (Members) of the tnirteen rembers of the i:orthern California Power Agency (1:;PA)- The Members operate systems within the control area of Pacific Gas and Electric Company, and act through their agent, NCPA, a power agency organized and existing under the laws of the State of California. This Agreement provides for the purchase and sale of surplus firm power as specified below. Accordingly, Bonneville proposes the following terns and conditions. 1. Parties The Parties are Bonneville, NCPA and seven Members of NCPA: The City of Alameda; The City of fieaidsburg; The City of Lodi; The City Of Lompoc; The City Of Palo Alto; The City of Roseville; and The City of Ukiah. A 11 day-to-day functions under the Agreement shall be performed Eor its Members by NCPA. These functions shall include, but shall not be limited to, scheduling, accounting, billing, and receiving and paying power bills. Each Member shall be individually liable pursuant to section 5 of this Agreement. 2. Term The term of this agreement is June 1, 1983, through September 30, 1939, subject to earlier termination by NCPA if NCPA for reasons beyond its control shall lose the assignment of transmission capacity which it has 2 rr-m t^n Carr,=;^^nt' "unlcica IJ L"i 1 `. ? C!' 2n -I i'12 ucc_.n ref sUCtl loss. _s? cl,'cSLIICeS Ufi�?i icrl is able LO retain lis lnter;l2 acc2ss by piyCme:,L.oT' a Su•CDiFsi. r to S1 -UD under - article 9 ( d ) of t"e ,-2 em, -�ntL c f 1 29, 19(-,5, shall not b2 cons de T -n -d as reasons be-cnd ':CP.i's control . (JCP=, steal } gi :? �Onr1?/111e til? a;(i iUil (iOtiC? 1)OSSi;}ir_' Qi SUCa LOSS ar?d t?i'tllnaL, }�}1 obligations arising hereunder- prior to ter�lination shall be preserved until SattsI IPd. 3. `libits i i? i0l1o::ing e lilbltS _.:- atL C^° ?r' ;O acid .. �2 rL Ci L^iS ?.y'r'22,"C Exhibit A - (ilho}esale Poi.er Rata Schedules and General Rate Sct,edule Provisions), Exhibit 5 - (General Contract Provisions (Forst PSC S1•1-1)), Exhibit C - (P.L. 88-552 as amender). 4. Polrer Sala (a) This is a 25 11-1114 capacity sale ::ith associated energy in the sionths June, July, august and Septe.,iber during the calendar years 1908 and 1939. (b) During calendar year 1988 Bonneville shall make available and the Members shall purchase, through their agent NCPA, a minimum of 4,500M1,11) in each of the months of June and September, and 10, 2130 1.11Jh in each of the months of July and August. (c) Our ing calendar year 1989 Bonneville shall make available and the Members shall purchase, through their agent NCPA, a minimum of. - 10,230 *1h in each of the months of June, July, August and September. (d) Bonneville shall make available monthly amounts exceeding the monthly minimums specified in subsection 4(b) or 4(c), provided that NCPA requests such power prior to the beginning of the month in which deliveries are to be made; provided however, that the maximum rate of delivery hereunder shall be 25 HH. 5. Payment (a) Bonneville shall bill NCPA monthly. NCPA, on behalf of the Members shall pay in accordance with the then current General Rate Schedule Provisions and General Contract Provisions. 3 (�) [:. "CPA t::? i� to a ?il:.__ Jill in a "...:eiy ma:.:C', OE ti;e I; •-:12ra1 ate Scl,c-d le Provisions n C: C:1 .._.._i2r for • .:oS._ .:CC ...lt :)c---- a. -id :eta}' delivered _hell _ �bl_at.:d <.nd liable to of 1;Ct;•�r and t.::er;;y ieli._:r-d to NCTA on its behalf, incll:ding pro rata shares of any c!iarges incurred. If NCPA Fails to -provide arl allocation as provided in s� SeCti .. Ws abo`.'c- (1? t?e 'lembers ther:.selves sllall allocate any amounts of Do;;er a: -..d e%-2r:;v aiid use tills as tr:e basis or pay:i?ent:, or shall iIlocatt_ _uL1%, ti:'? 0-,,'v atnou: t- of the cuts tan d po`;ei" lDiII , ir.cludin any c[iarges for services provided, -or (2) t%e '.'Te.^.hers shall accept an allocation provided by Bonne%-ill2_ which will be based on Dre'.'icus allocations sent to Bonneville by -%CP.. Each Member shall then pay its allocated share of ti.e power bill including its allocation o` charges for services provided. (d) Ii hourly allocations are required for billing purposes and none are supplied pursuant to subsections (b) and (c) above, Bonneville will apply the allocation determined pursuant to subsections (b) or (c), as applicable, for the Members to the hourly amounts delivered to determine the hourly deliveries to each Member. 6. Rates The rate shall be 30.0 mills/M%Ih. 7. Po,:er Scheduling Provisions Submission of all schedules between the parties shall be subject to the following provisions unless otherwise agreed upon by the parties' respective schedulers or dispatchers: (a) Preschedules shall be completed on each day which both parties observe as a regular workday (14orkday). Preschedules shall be effective for each hour of the following day or days through the nest - 14orkday. (b) Prescheduled amounts shall be submitted by 0930 hours. (c) By 1200 hours on any Wednesday, Bonneville may request estimates of the amounts that NCPA anticipates that it will schedule from Bonneville each day for the following 10 days. XCPA shall submit such estimates to Bonneville by 1200 hours on the first 14orkday following the request. Such estimates are for the purpose of information only and shall not obligate either NCPA or Bonneville to schedule such amounts. S:-»2 This Agreex-er t shall be st:b;ect to the provisions of P.L. 88-552 (iS U.S.C. S31, 1934). :pint of veli pry for energy del ivc ed n -:-scant to this :gree:-ent ;s at Lhe Cal'_ (,rn.ia`Lrc:gon boi:der (CU'B), 011 the Pacific Northnest-Pacific South est inl erti? in -which Sacramento ::1 n1C10a1 Utility District is a participant and from ::hich \`CPA has contracted for transmission capacity. 10. Execution Pv Counteroart This Agreement shall be executed in a munber of counterparts and shall be dee.'Ved to constitute a single docwnent with the same force and effect as if all 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 Bonneville, NCPA and any one Member . IE the foregoing terms are acceptable to NCPA and its Members, please sign and return two copies of this -Agreement with a certified copy of an authorizing resolution. The remaining two copies provide one copy for your files and one for NCPA's files-. IN WITcN'ESS THEREOF: The Parties have executed this agreement in several counterparts. UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration B A mi 0s. trr NCPA CITY OF ALAMEDA tyt Not..cally s;cc:h c:?.:inl ---s Shall be submitted no later ! '.:..'Jr:_ ��:._ ....._. for Which C:: r_ Ct?c!:?ems• 1S '_J :t ..._...:tt,';i at. _:C_:c:. S:-»2 This Agreex-er t shall be st:b;ect to the provisions of P.L. 88-552 (iS U.S.C. S31, 1934). :pint of veli pry for energy del ivc ed n -:-scant to this :gree:-ent ;s at Lhe Cal'_ (,rn.ia`Lrc:gon boi:der (CU'B), 011 the Pacific Northnest-Pacific South est inl erti? in -which Sacramento ::1 n1C10a1 Utility District is a participant and from ::hich \`CPA has contracted for transmission capacity. 10. Execution Pv Counteroart This Agreement shall be executed in a munber of counterparts and shall be dee.'Ved to constitute a single docwnent with the same force and effect as if all 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 Bonneville, NCPA and any one Member . IE the foregoing terms are acceptable to NCPA and its Members, please sign and return two copies of this -Agreement with a certified copy of an authorizing resolution. The remaining two copies provide one copy for your files and one for NCPA's files-. IN WITcN'ESS THEREOF: The Parties have executed this agreement in several counterparts. UNITED STATES OF AMERICA Department of Energy Bonneville Power Administration B A mi 0s. trr NCPA CITY OF ALAMEDA 1 PESOI.,UTIO:I 1:0. 37-23 NORT:ir R1 CALI O:`'NI A POWER AGENCY P OWER PURCii ASEE FOR 1933 A14D 1989 - OPTION WHEREAS, the interconnected ,:e- hers have a need for firm power during 1933 and 1989 that is as yet unnet; and 1 HEREAS, these members obtained access to the North .est through an assignment of SI•SUD's "Partial Assignment of Contract Between California Companies and Sacramento Municipal Utility District" for "Extra High Voltage Transmission and Exchange Service" as approved in Resolution No. 86-17; and WHEREAS, it can now be determined a risk' a d j u s t e d least-c,)st -method of meeting unmet load. NOW, THEREFORE, BE 1T RESOLVED BY THE COMMISSION OF THE NORTHERN CALIFORNIA POWER AGENCY, as follows: Section 1. The General Manager and staff are directed to negotiate a change to the attached agreement with BPA which will provide that neither NCPA nor its members shall be required to purchase power from BPA which cannot be delivered to those members due to the loss of their Intertie assignment. Such change shall be approved by the NCPA General Manager and NCPA General Counsel. Resolution NO. 8? -23 Page 2 Section 2. The General tanager is authorized to execute, on behalf of this Agency, the attached Purchase Agreement with BPA. in substantially the form presented and subject to Section 1. Any changes in the form of this agreemnerr shall he subject to t h e approval of the General manager and General. counsel. Section 3. The General :•Tanager is authorized and directed :.to transfer the completed agreenent to the appropriate members for their approval. Section 4. Power- received under this agreement shall be allocated in the same proportions as the SAND Intertie Assignment. Section 5. Staff is directed to cont nue negotiations with DWR and others for the remaining 1.939 power needs of the Interconnected Members. Any agreements res+ilting from those negotiations shall be brought to the Commission for approval. Section 6. Staff is directed to negotiate, with PG&E, firm delivery and receipt points for purchases -from and sales to DWR. ' Resolution No. 87-23 Page 3 City of - Alameda Biggs Gridley Healdsburg Lodi Lompoc Palo Alto Redding Rosevi Ile Santa Clara Turlock Ukiah Vote Abstained Plumas-Sierra 4.�L1 Absent ADOPTED AND APPROVED this day of , 1986. n MRRitN M•�3•,31jGM GA:1•>S SALEM - V BAQ1,04 GO -F llR sv.t A CA -Lt. JOSEP»E CO'.+rES-_R M4RRIETA S'E:`.ER Osy:O J S?;;TT:SA jyj P4T RK..4 O ELL STT DEr.�S3C•.E4 M4Rr ^3A -2S tNTG•.E RCHAAGA •,IC-„$ Ar-L�AMR I•�nil� DO%AL0 C :•J^ E SET+P 3a„••.\ER R.Ch4RO A 05EN E.GAAPD J L`:7.N4 JR RICHAROE S74\moi 311%E .PEEv GARY LOt ER13GE %4%CYP LEE G RI-HAP3SPO” MARKGGRTON DRIIDA POST DE$R4$ IAR 53LIS SUSAN K EDLI :G MARY E OLDEv BRI ICE M.✓7.O:1GH CATHY:EU3EL SALENKO „'•LIJAM L GAEN ALA%J S_n057.G DAVID BEATTY A•.7RE&%%A KSIJAKIS ALICE A. »Qo^v14R-1 POSERT R RU5.4 MICHAEL T FOGARTY MICHAEL 3 EVANS ...RYE MULL JR Y/ILL•AMC HILSON JR CE,%!S A CE CaR PAUL S 9MMONS •. .. . GCG•.t+ELC - BAR_ARAL DOTTA .ROBERT - GCC ­:vR EGALPD J AR4.,.HyT. JR JEFFRY R J31.5 M4RCUSJ LO DUCA +E\Trt Art1$ SUSANR MAW W CP.:SN"A' C4SSE LY MCHREL I IA4MIRO 5 -.'-.RT L SO_cM MARK A A4SSER + :1 H C0 -_E MICHAEL J P.AINV:LLE . _ SM"GN O ROSE.- MIC. -LLE MARCHETTI .E•.Yw c_AI L SChOE%Is JO\ RI --S4 JAJI 5L LE ET KE\1EThA PUTMENBER', ? ^ M.A-•'IA SCULLY KIMSERLY MITCHELL BOTT JC.•.=LDR PERSON P_TR1r:A I G : RFGh!G4N IR!$ P, TANe; N 41 �Icl)oxovou. lioi.L.%Nv 8, ALLF-N ATTORNEYS 355 CAPITOL •r ALL. S-JITE 9SCI S 4Caa�!E•v'O. Cs LIr O�vA 95914 (91e; -".4-3900 August 6, 1987 Mr. Matthew L. Foskett Power Contracts Engineer Northern California Power Agency - - 180 Cirby Way . Roseville, CA 95675 Dear Matt: Subject: proposed NCPA-BPA contract �e A•a mar 9EAC. Ell C- . -C--. fto rLC.Aa]. S -TC .OI n EA a]ar OCAC-.. CAL 92560 .T•<1 as- a] ]s LIND G -e .- a. 0 SOK -S A 3<509 .<.SI 5eY•G.y5 ALrR 0 E.MOLLA•r] 3RNCE F. ALLEN ... SC.%STEN Or z1` • SCL via telecooier - - (corrected version) _(corrrectedversion) /$/if - I have reviewed the signature draft of the above agreement transmitted by BPA's letter ofjuly 31, which you telecopied me this morning, and compared it with the version which the Commission approved by its Resolution No. 87-23, adopted May 28, 1987. The changes in the form of agreement approved by the resolution are insubstantial except for those changes in Section 2, which were required by the NCPA resolution. The current draft has my approval as to form. Sincerely yours, Martin McDonough Attorney Department of Energy d o z �L Bonneville Power Administration • P.O. Box 3621 JS7Vri:.* " `� Portland, Oregon 97208-3621 In repIv,el-to: PKL Contract So. DE-i-IS79-86BP92322 Northern California Power Agency, Roseville, California The City of Alameda, California The City of Healcisburg, California The City of Lodi, California The City Of Lompoc, California The City Of Palo Alto, California The City of Roseville, California The City of Ukiah, California Gentlemen= This letter constitutes an offer to contract between the United States of America, Department of Energy, acting by and through the Eonneville Power Administration (Bonneville), and seven members (Members) of the thirteen members of the Northern California Power Agency (,%CPA). The Members operate systems within the control area of Pacific Gas and Electric Company, and act through their agent, NCPA, a power agency organized and existing under the laws of the State of California. This Agreement provi.c_es for the purchase and sale of surplus firm power as specified below. Accordingly, Bon.ieville proposes the following terms and conditions. 1. Parties The Parties ore Bonneville, NCPA and seven Hembers of NCPA: The City of Alameda; The City of Healdsburg; The City of Lodi; The City Of Lompoc; The City Of Palo Alto; The City of Roseville; an,l The City of Ukiah. All day-to-day functions under the Agreement shall be performed for its Members by NCPA. These functions shall include, but shall not be limited to, scheduling, accounting, billing, and receiving and paying power bills. Each Member shall be individually liable pursuant to section 5 of this Agreement. 2. Term The term of this agreement is June 1, 1953, through September 30, 1989, subject to earlier termination by NCPA if NCPA For reasons beyond its control shall lose the assignment of transmission capacity which it has I 2 received from the Sacramento ,lunicipal utility District (SINUO), and effective upon the date of such loss. Those circumstances under- which NCPA is able to retain its intertie access by payment of a supplemental fee to S,',IUD under Article 9 (d) of the Agreement of April 29, 1386, shall not be considered as reasons beyond NCPA's con tY-ol. NCPA shall gide Bonneville the maximum notice possible of such loss and termination. A 11 obligations al-ising hereunder prior to termination shall be preserved unti 1 satisfied. 3. Exhibits The following exhibits are attached hereto and made part of this Agreement. Exhibit -A - (Wholesale Power Rate Schedules and General Rate Schedule Provisions), Exhibit 6 - (General Contract Provisions (Form PSC S11.1-1)), Exhibit C - (P.L. 88-552 as amended). 4. Power Sale (a) This is a 25 Ml•1 capacity sale with associated energy in the months June, July, August and September during the calendar years 1988 and 1989. (b) During calendar year 1988 Bonneville shall make available and the Hembers shall purchase, through their agent NCPA, a minimum of 4,500 Mtdh in each of the months of June and September. and 10,230 Mw''h in each of the months of July and August. (c) During calendar year 1939 Bonneville shall make available and the Mlembers shall purchase, through their agent NCPA, a minimum of 10,230 MINh in each of the months of June, July, August and September. (d) Bonneville shall make available monthly amounts exceeding the monthly minimums specified in subsection (b) or 4(c), provided that NCPA requests such power prior to the b:?ginning of the month in which deliveries are to be made;rp ovid,d however, that the maximum rate of delivery hereunder shall be 25 NW. 5. Pa yment (a) Bonneville shall bill NCPA monthly. NCPA, on behalf of the Members shall pay in accordance with the then current General Rate Schedule Provisions and General Contract Provisions. (b) NCPA shall send to Bonneville for each month, as soon as possible but in no case later than 45 days after receiving the power bill for such month from Bonneville, a report indicating the allocation of power and energy, or power and energy charges, delivered by Bonneville to NCPA among the Members for such month. These allocated amounts shall be deemed to have been delivered to each Member and shall be the amounts of power and energy for which each Member is liable and responsible for payment. I 3 (c) In the event that NC111A fails to pay a power bill in a timely manner, under the terms of the then current General Rate Schedule Provisions, then each 11erber for whose account power and energy was delivered shall be obligated and liable to pay for power and energy delivered to NIUA ov. its behalf, including pro rata shares of any charges incurred. If NCPA fails to provide all allocation as provided in subsection (b), above: ( 1 ) the Members themselves shall allocate any amounts of - ger and energy and use this as the basis of payment, or shall allocate fully the money amount of the outstanding power bill, including any charges for services provided, or (2) the I•}embers shall accept an allocation provided by Bonneville which will be based on previous allocations sent to Bonneville by NCPA. Each Member shall then pay its allocated share of the power bill including its allocation of charges for services provided. (d) If hourly allocations are required for billing purposes and none are supplied pursuant to subsections (b) and (c) above, Bonneville will apply the allocation determined pursuant to subsections (b) or (c), as applicable, for the •: embers to the hourly amounts delivered to determine the hourly deliveries to each PIember. 6. Rates The rate shall be 30.0 mills/kWh- 7. Power Scheduling Provis icns Submission of all schedules between Ole parties shall be subject to the following provisions unless otherwise agreed upon by the parties' respective schedulers or dispatchers: (a) Preschedules shall be completed on each clay which both parties observe as a regular workday (Workday). Preschedules shall be effective for each hour of the following day or days through the next Workday. (b) Prescheduled amounts shall be submitted by 0930 hours. (c) By 1200 hours on any Wednesday, Bonneville may request estimates of the amounts that NCPA anticipates that it will schedule from Bonneville each day for the following 10 days. NCPA shall submit such estimates to Bonneville by 120G hours on the first Workday following the request. Such estimates are for the purpose of information only and shall not obligate either NCPA or Bonneville to schedule such amounts. (d) The parties shall endeavor to avoid requesting changes in schedules. Changes in prescheduled amounts for any hour shall be only as RESOLUTION NO, 85-67 A RESOLUTION OF THE LODI CITY COUNCIL RATIFYING THE CITY MANAGER'S EXECUTION OF THAT CERTAIN AGREEMENT DATED SEPTEMBER 30, 1987 ON BEHALF OF THE CITY, RELATING TO POWER PURCHASE BETWEEN BONNEVILLE POWER ADMINISTRATION AND THE NORTHERN CALIFORNIA FOWER AGENCY WHEREAS, based upon the past practice, poi icy and the advice of the Bonneville Power Administration and the Northern California Power Agency, the City Manager has executed on behalf of the City, an Agreement dated September 30, 1987 providing for the purchase and sale of surplus firm power; and WHEREAS, it was the belief of the parties thereto that it was unnecessary for the City Council of Lodi to authorize such execution by resolution; and WHEREAS, the other parties to the aforesaid Agreement have naw expressed a desire to have the City Council of todi affirmatively act to authorize such Agreement; NOW, THEREFORE, BE IT RESGLVED by the City Council of the City of Lodi that rhe Council hereby ratifies and approves the Agreement between the City of Lodi and the Bonneville Power Administration, executed by City Manager Thomas A. Peterson on September 30, 1987. Dated: Ray 18, 1988 I hereby certify that Resolution No. 88-67 was passed and adopted by the City Council of the City of Lodi in a regular meeting held May 18, 1988 by the following vote: Ayes : Council Members - Hinchman, Olson, Reid, Snider and Pinkerton (Mayor) Noes : Council Members - None Absent: Council Members - None Alice M. Reimche City Clerk