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HomeMy WebLinkAboutAgenda Report - January 5, 1983 (22)T ­'CIT Y. COUNCIL MEETING 1• JANUARY S, 1983< r' .• iF Agenda item k-2 - "Approve Arbitration Agreement betw;�en _ p G & E and 11 -r -PA" was intro luc�Yi by City 1Larkagi r Glaves. L'lI1 N.;� iO`J Follaai ng discussion, Cc,mcil on motion o.' Council hk mber Snider, P1,rphy second, adopted Resolution No. 83-2 approving F1', I an /arbitration Agreei-�-nt br2tween P G & E and «' A to r( -solve t+.tiL ^iCPA all differences between P G & E and NV -PA over the inter- �'1PP"r 3V!J connection Agreement, consistent with the terns of the Diablo Canyon license conditions, such agre,-lnnt to submit to binding arbitration subject to approval by attorneys before signature, and auUhorizing the Mayor and City Clerk PILS .11-). 83-2 to execute the subject Agreelaen t on behalf of the City. 'Ilie m. tion carried by unanirious vote. 1A X V i r _ F �' ` � 4 W AFI"` ;i� •� _ w'7ivla-i '., i`,.tr�� ��•T ��+L',,4;�'�_e��4 �.iT• . t t j ���N• S .s� 1 - ••� ,� � . , kF-., rat L �- �" ^'� .,ta•4 Yti" r'� < , i�L•>w �, .'a cit '!�"' "e Q, + ' •. i -.q 5Q i7'' M1``iii'S "iR't,,-vEt y,xrZ.ts, xy. ;. T- •-•!, y 5 � ,I t l ew `Tc'7 t x5, rt. fl".r`�y � iC s'+' ( fs. �, {•'t_.'^' �� t,... 5 �" , S^ 5 n `�f, rTi.rb' },1 1 .,4 r "rSS .4 t Y.. ''• r (�gl,ct.� N. � {. � i, ;`54 . � - . s �' �: It W � t. '/• d 5 vfv .t•. .. n vq dC}}L i t{n � 7 ' c n � � r � .� 57 0 •� a t ]ij �i �`?` `, '7'^-.w �c�rrStS 8' .3t �' iy�rt�, '�Mh•��•. �, :� � , ' •u � !r '� -, . 6; -•c5 r. '� .�Yx7 • ` � -(^ w$ T� i? Ja'rx . ' is �.� r . � _ _�.�...r+5-'.s�S"� � i... ��iai..�`.xi.. , '� l�� f r1y/� _ �,S.E Y ��,.s. NorthernU�� California Power Agency' 8421 Auburn Boulevard. Suite 160 Citrus Heights, California 95610 ROBERT LGRIAASHAW �-�' f G!-r��� _.._. � a. rife...... General Manager Members of the NCPA Commission Gail Sipple Arbitration Agreement Between PG&E and NCPA Enclosed is a copy of the Arbitration Agreement between PG&E and NCPA which has been approved by both parties. Per Executive Committee action of December G, 1982 (minutes attached) this agreement must be approved by each NCPA member. Mr. Grimshaw stresses the urgency for approval of this agreement and, therefore, it would be appreciated if you would expedite the approval process. Upon approval by your Council/Board, please sign at the last signature block on page 7 and return to me as soon ds possible. By copy of this letter I am also forwarding this document to your City Clerk for processing. Thank you for your attention to this matter. 0 0 NORTHERN CALIFORNIA POWER AGENCY Executive Committee Meeting December 6, 1982 MINUTES Committee members present: Don Von Raesfeld Arch Pugh Mike McDonald Fred Eyerly Committee members absent: Hays Hickey Motion: It was moved by Don Von Raesfeld and seconded by Arch Pugh to authorize the General Manager to execute a binding Arbitration Agredment to resolve all differences between PG&E and NCPA over the Interconnection Agreement, consistent with the terms of the Diablo Canyon license conditions, such agreement to submit to binding arbitration subject to approval by attorneys before signature. Also, authorize the General Manager to recommend that all members separately agree to be bound by the results of the arbitration through their governing bodies. Motion passed unanimously. WNW PZSW CN NO. 83-2 I� TI'IW 'APPF0VIW AN AIGITPATICN AIF BLI'WF. `P -G i E .AICD NCPA :. AND AUTHMIZING W MAYOR AND CITY CLERK TO HSC UTZ THE SUBJWr AGREE CSI BF2iAIF OF TFB;" CITY RE90LVE0, that the City. Council of the City of Lodi does hereby i approve an Arbitration Agreement between P G 6 E and NMA, a copy of which is attached hereto, marked Exhibit A, and thereby made a part hereof. 9 BE IT FURTf M FWMVED, that the City Council of the City of Lodi does hereby authorize the Mayor and City Clerk to execute the subject agreeiront on behalf of the City.' Dated; . January 5,' 1983 I iez+ehy bertify `that.µ Aesolutioc No. 83-2 was passed and adapted by"the City Council of the City of Lodi in a regular meeting held January = 5, 1983 by the following vote= Ayes: Council Members - Olson, Snider,: Rulphy, Pinkerton, and `Plaid :(Mayor) _ >. Cov l Members - None :. Absents Council Members - Nome Alice, M.' Aeimghe City'Clerk.. I Hof thern California Power .Agency^. DN 8421 Auburn Boulevard. Suite 160 Citrus Heights. California 95610 . r » ROBERT E. GRIMSHAw C, 1_Y CLERK General Manager Ct ! Y O. LNI! (916) 722-7815 December 13, 1982 To: Members of the NCPA Commission FROM. : Gail Sipple SUBJECT: 'Arbitration Agreement Between PG&E and NCPA Committee members present: Committee members absent: Don Von.Raesfeld Arch Pugh. Mike"McDonald Fred Fyerly Hays Hickey Motion: .1t.Was,moved.by Don Von Raesfeld and seconded by -Arch. Pugh to authorize the•'General Manager'to'execute at. binding Arbitration Agreement ,to.resolve, all. differences. between,:PG&E and, NCPA over the' Interconnection _Agreement;' consistent with tte: -arms'. of the piablo,Canyon Lcense.conditions, such agreement to submit to binding arbitration subject to approval by attorneys before ` -;signature. .Also, 4uthorize' the General. Manager= to recommend_ hat; all members. sepamrately agree to be bound by' the `results` of the arbttration through their.. governing bodies. Notion passed unanimously. , i ' tf{ -4 - y c x r , )�' � Fri < t .,.;.t t ,�`:,kw �- -..,. ::.. •. .::,;, e � . `q.. �. d,... �J4�. . �-�_. f?ti4si. Pacific Gas and Electric Company (PGandE) and the Northern California.Power Agency (NCPA), by and through their undersigned representatives, hereby agree that: Whereas_PGandE.and NCPA desire to perfect an Interconnection Agreemfntj and eta perform:any:act-Which by''the express terms of the. 8tanislaus�:CokmLtiaents PGandB ; is not obligated-�:to perform, except this provision shall not disaDiethe Abtrator`from requirin S 31ore Ahan one., poiint" 'of "teicaonnection if , 3n bis discretion:``and'`btterwise consistent:' .. .: M. $ With ,th s_" agreement • sue C I)Mvision `1 s deemed . Y S . tiij S"The �►rbitrator shall t iAot 'cb{ange contract' terms } Y ;} greed • to` by < the :parties 'without their eonsieat nor aball-sterse br `"less favorable F � pastytb tha�oorrespordnq term 'demanded by " the bppoe iAS 'party in the' Offer or MA)hteroiler. , r.. i TheAooatraat:;;terms ehall'beF �eut ao8 reason- able : as between the les, ' ehallN iaot .. Pmt - -adversely affect the reliable and economic operation of either partye s , lectric system#. nor cause either party to violate any applicable" � • � SIJ , � r decision in writing no later than 45 days after the matter is deemed submitted for arbitration, which may, in the discretion of the Arbitrator, be extended for one additional 45 -day period, unless ;otherwise agreed to by the parties. The Arbitrator may or may not, in his discretion, provide explana- tion, for said decision. Said decision will be -expressed in terms that permit installation in the format oU the Offer and Counteroffer.- 31- ounteroffer.3SUpon`*receipt of the Arbitrator's decision, the parties 'will,priomptly undertake to prepare an agreement for acceptance -by the -'parties and filing with the Federal Energy Regulatory'Commission (FERC) that contains the terms agreed to b. the' . parties and those establishedy y` through arbitration. Disputd,9 sAaii be resolved by the Arbitrator. The parties 8ha114'promptly execute and be bound by said Interconnection Agreement whieh will then be promptly filed with FERC. The"parties shall take all reasonable action necessary 4. If the C.., :.fornia Public Utilities` mmission (CPUC) determines that said Interconnection Agreement, its operation or effect is unlawful, unreasonable, imprudent or otherwise not in the public interest, then PGandE shall be entitled to file with the FERC changes in the Interconnection Agreement which it believes would eliminate said CPUC deter- mination, subject to Section 206 of the Federal Power Act. NCPA shall be entitled, within 30 days of PGandE's filing, to fill a request for further change which will preserve for each party the balance of benefits established by the Interconnection Agreement. Neither party ahall.be barred by the Sierra -Mobile doctrine. Both parties shall request that the FERC determine in a single proceeding the justness and reasonableness of the requested modifications and_place the resultant determination in effect pursuant to'the provisions of Section 206 of the Federal Power Act. A copy of the Interconnection Agreementprepared in accordance with paragraph 3 shall be submitted to,the Director, Office of Nuclear ReacL•or Regulation of NRC. (Director) . .. .. �•%.r sty If within 30 days of receipt thereof Director notifies the parties in writing that said Interconnection Agreement is inconsistent with the Stanislaus Commitments, then the arbitration proceeding shall be reopened,for_ further consideration by the Arbitrator in accordance with this arbitration agreement. -4- 5.- Ambiguities in the wording of this agreement shall not be construed for or against either party, but shall be construed in a manner which most accurately reflects the intent of the parties. 6. In order to proceed expeditiously and avoid the delay inherent in obtaining the explicit ratification of NCPA member customers (City of Alameda, City of Biggs, City of Gridley, City of Healdsburg, City of Lodi, City of Lompoc, City of Palo Alto, City of Redding, City of Rcseville, City of Santa Clara, City of Ukiah, and Plumas Sierra Rural Electric Cooperative) prior to execution of this arbitration agreement, PGandE and NCPA further agree as follows: .Prior to the Arbitrator's advising the parties of his decision, and in no event later than 35 days after the mattarla,doemed submitted for arbitration, each NCPA member customer shall, through its appropriate procedures, ratify this arbitration agreement and agree to be bound by its terms:as if each were an original signatory to -this arbitration agreement. Each NCPA member customer shall, through aduly._authorized'representative and within the time period set .,forth above, execute a counterpart copy of this 'arbitration agreement, delivering the original to the Arbitrator and certified copies to PGandE and NCPA. If"any NCPA, member customer fails to comply with the foregoing requirements, at PGandE's option this arbitration agreement may be..voided and no decision rendered by the Arbitrator or this arbitration agreement may remain in full force and .-effect-as between PGandE, NCPA and those NCPA member customers r 1 which complied wiY-_the foregoing requirements. Time is of the essence to this provision. For purposes of this arbitra- tion agreement, NCPA and those NCPA member customers which comply with the foregoing requirements shall be deemed one party and PGandE shall be deemed one party. 7. It is understood and agreed that the sole subject of this arbitration agreement is an Interconnection Agreement between PGandE and NCPA. The City of Santa Clara has expressed a desire for a separate contract with PGandE. It is agreed that ratification of this arbitration agreement by Santa Clara will not foreclose Santa Clara from requesting and receiving a separate interconnection agreement pursuant to the Stanislaus Commitments, nor will the terms of a PGandE- Santa Clara contract be prescribed by this arbitration agreement or. the Interconnection•Agreement developed there- under. S. The actions of the Arbitrator under this agreement, including but not.limited to the Arbitrator's decision, do not constitute an official act by`the'FERC or of any individualCommissioner thereof: the parties agree that the Arbitrator; shall not be liable to them for: any 'r act or omission arising out of or related to this arbitration s agreement or the performance of his duties as Arbitrator thereunder. 9. Both parties recognize that this arbitration agreement and the Interconnection Agreement which may result therefrom is, for a variety of reasons, unique and in the nature of a settlement agreement, and it shall not serve as a. precedent, any future negotiations,W agreements either between the parties or between one of the parties and another - entity. The signators below represent and warrant that they are fully authorized to execute this agreement on behalf of the party indicated. Pacific Gas and Electric Company Dates �' C '� 0 T82 Georg A. Man at s Execu ive.Vi a President Facilities i Electric Resources Development, Pacific Gas and Electric Company Northern Ca fornia Power Agency Date: Q L dft Title: Entity: g �... their undersigned representatives, hereby agree that the Arbitration Agreement dated December, 1982, is amended and modified as follows: