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Home My WebLink AboutAgenda Report - April 15, 1981 (25)APPROVE *AMENDING Agenda item "k" - Approve "Amending Agreement = AGREEMENT -TO- to the Agreement for the Sale of Electric. THE AGREEMENT Power and Energy to the City of Lodi" was �. FOR THE SALE introduced by City Manager Glaves. The City i OF E;hE=RIC POWER Manager apprised the Council that NCPA and I AND ENE3= TO certain member cities, including Lodi, have en - Tug CITY -Of tered into power purchase contracts with the LODI" Bonneville Power Administration and certain other utilities located in the Pacific North - RES. NO. 81-42 west (Northwest Entities). Such contracts provide for the purchase of nonfirm energy (Northwest Energy) -to be delivered to PG&E: at or. near the Oi-k-gon-California border. NCPA has entered -,nto a contract (Interruptible Transmission Service Contract between PG&E and NCPA-) with PG&E for interruptible trans--. mission service for such Northwest Energy to MCFA r cities, in amounts as shall from time to time be designated by NCPA under provisions of the Transmission Contract. Lodi has contracted with-NCPA to allow NCPA to act on�_Lodi_'s behalf in._ arrang3ng with PG&E for the transmission of such Northwest Energy from the California -Oregon border to PG&E•s existing electric delivery point for Lodi. Lodi has requested that the 1970 Agreement be amended to accomodate the delivery of Northwest. Energy to Lodi and PG&E is willing to accomo- date Lodi•s request. Following discussion with questions being directed to Staff, Council, on motion of Mayor Pro Tempore Murphy, Katnich second, adopted :. Resolution No. 81-42 approving "Amending Agreement to the Agreement for the Sale of HENRY /\. CLAVES. Jr. Ckr man"" _.'.CITY; OF LO D I ALICE K REIMCHE CITY MU221 WEST PINE STREET MC POST OFFICE SOX 320 RONALD .M. STEIN LODI. CALIFORNIA 95241 $CRYAttoivW (209)334-S634 April 16, 1981 J. K. Stearns Manager Commercial Department PG&E ` 77 Beal Street San Francisco, CA 94106 Rea Amending Agreement to the Agreement for the Sale of Electric Power and Energy to the City of Lodi Dear Mr. Stearns: Attached hereto please find three- (1} executed -copies and -a certified copy: of Resolution No. 81-42, approving- "Amending Agreement to the Agreement for the Sale of Electrc.Power and Energy to the City of Lodi", as adopted by the Lodi City. Council at'its regular meeting of April 15, 1981. Please return a fully executed copy of the Agreement to this office at your_ earliest convenience. Should you have any questions concerning these documents, please feel free to call this office. Very truly yours, tClt ee 4. 6ZWZ4� Alice M. Reimche City Clerk AR:dg Enc. (209) 334.5634 April 16,. 1981 Northern California Bower Agency 770 Kiely Boulevard Santa Clara, CA 95051 Re: Amending Agreement to the Agreement for the Sale of Blectr c Power and Energy to the City of Lodi .. Aft RESOLUTION NO. 81-42 RESOLUTION APPROVING AMENDING AGREEMENT TO THE AGREEMENT FOR THE SALE OF ELECTRIC POWER AND ENERGY TO THE CITY OF LODI RESOLVED, that the City Council of the City of Lodi does hereby approve "Amending Agreement to the Agreement for the Sale of Electric Power and Energy to the City of Lodi", a copy -of which is attached hereto identified as Exhibit "A" _and- tbereby-made a -part hereof. BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby authorize the Mayor and the City Clerk to execute this Agreement on behalf of the City. Datedv -April, 15, 1981 .t hereby certify that Resolution No. 81-4 was passed and adopted by the City Council of the City of Lodi - in a regular meeting held April 15, 1981 by the follow - Ing vote Ages: Councilmen - Murphy, Hughes, Katnich,'_Zinke-rto and McCarty Noes Councilmen - None Absent: Councilmen - None AW /744rcc&/ ALICE M. RE MCHE City Clerk 81-42 f RESOLUTION APPROVING AMENDING AGREEMENT TO THE AGREEMENT FOR THE SALE OF ELECTRIC POWER AND ENERGY TO THE CITY OF LODI -RESOLVED, that the City Council of the City of Lodi does hereby approve "Amending Agreement to the Agreement for the Sale of Electric Power and Energy to the City of Lodi",,. a copy -of which is attached hereto identified as Exhibit."A" and thereby made apart hereof. BE IT FURTHER RESOLVED that the City Council of the City of Lodi does hereby authorize the Mayor and the City Clerk to execute this Agreement on behalf of the City. Dated: 1. isl 1-981 1 -hereby certify that Resolution No. 81-42 was passed- and assedand adopted by the City Council of the City oA Lodi_ in a regular meeting held April 15, 1981 by t,e follow- ing- vote - Ayes Councilmen - Murphy, Hughes, Katnich, P nk€zton and McCarty Noes: Councilmen - None Absent: Councilmen - None 607 . ALICE M. RE MCHE City Clerk 81-42 6 AGREEMENT FOR THE SALE OF ELECTRIC POWER AND ENERGY ict CITY OF LODI THIS AMENDING AGREEMENT is made by and between the CITY OF LODI, a California -municipal corporation situated in the County of San Joaquin, State of California (Lodi) and PACIFIC GAS AND ELECTRIC COMPANY (PGandE). 3 RECITALS: s A. Lodi presently purchases all of its electric energy and capacity (Power) from PGandE in accordance with an agreement dated April 1, 1970. :f B.. The Northern California Power Agency, a public agency created by a joint powers agreement dated July 19, 1968, as amended (NCPA), and certain member cities includinc Lodi have entered into power purchase contracts with the Bonneville Power Administration and certain other utilities i located in the Pacific Northwest (Northwest Entities). Such contracts provide for the purchase of nonfirm energy A (Northwest Energy) to be delivered to PGandE at or near the Oregon -California border. .. t �� VYWVi• YV MVV VV1i Y�MMv Vw ��ww.. . ww��iV tJMV ai aiV '- Electric Company and Northern California Power Agency) with PGandE for interruptible transmission service for such Northwest Energy to NCPA member cities, in amounts as shall from time to time be designated by NCPA under provisions of the Transmission Contract. D. Lodi has contracted with NCPA to allow NCPA to act on Lodi's behalf in arranging with PGandE for the transmission of such Northwest Energy from the California -Oregon border to PGandE's existing electric delivery point for Lodi. E.- Lodi has- requested -that the 1970 Agreement be amended to accommodate the delivery of Northwest Energy to Lodi. F. PGandE is willing to accommodate Lodi's request. NOW,.THEREFORE, IT IS MUTUALLY AGREED THAT THE 1970 AGREEMENT SHALL BE AMENDED AS FOLLOWS: 1. Section 1 on Page 1 is deleted and the following new Section 1 is substituted therefor: "1. PGandE shall sell and deliver to Lodi, and Lodi shall purchase and receive from PGandE all Power required by -2- Lodi except for such Northwest Energy as may from time to time be delivered by PGandE to Lodi under the provisions ' of the NCPA-r�*andE Interruptible Transmission Service Contract." 2. Sections 3 and 4 on Page 2 are hereby deleted and the following new Section 3 is substituted therefor: (3) For the purpose of this Amending Agreement, a monthly bill based on the total metered quantity of Power delivered by PGandE to Lodi will -be prepared under PGandE's FERC tari;t•e. Because precise informa- tion regarding deliveries of Northwest Energy to desig— nated member cities will not be made available to PGandE by NCPA during the instant billing period, any credits, due Lodi as provided in the NCPA-PGandE Interruptible Transmission Service Contract, will be applied to PGandE's next regular monthly Power bill to Lodi. Such credits will be based on the rates and charges in effect during the billing period during which the deliveries of Northwest Energy were supplied to Lodi." 7 and the NCPA-PGandE Interruptible Transmission Service Contract,` _provided, that this Amending Agreement shall automatically terminate on the date of initial delivery of Power by or 3 for NCPA to Lodi under a new interconnection contract be- E tween NCPA and PGandE for NCPA's geothermal projects which provides similar transmission services; provided further, this Amending Agreement is expressly conditioned upon accep- tance by FERC of all provisions hereof, without change or condition and will not become effective unless so accepted. 4. PGandE shall file this Amending Agreement with FERC in a timely manner and shall diligently prosecute such pro- ceedings. 5. Nothing contained herein shall be construed as affecting in any way the right of PGandE, in furnishing service under provisions of the Agreement to unilaterally awake application of FERC for a change in rates, under Section 205 of the Federal Power Act and pursuant to FERC Rules and Regulations promulgated thereunder. However, Lodi may at its discretion, protest the reasonableness of any such proposed increase in rates-and/6r charges. - .. - .. ....• :,+aim. CI OF LODI, a municipal cor ration ATTEST: BY JAMES MCCAFtTY , MAYOR do L� ."'Re' niche -C% -Cler)c PACIFIC GAS -AND ELECTRIC COMPANY By_ -5-