HomeMy WebLinkAboutResolutions - No. 92-136RESOLUTION NO. 92-136
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A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING EXECUTION OF THE BONNEVILLE POWER
ADMINISTRATION/NORTHERN CALIFORNIA POWER AGENCY
ENABLING AGREEMENT (UMBRELLA AGREEMENT)
WHEREAS, 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
Northwest; and
WHEREAS, 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 capacity and energy with a
Pacific Northwest utility; and
WHEREAS, 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
WHEREAS, NCPA contemplates future purchases and sales of surplus
energy (firm, nonfirm and/or provisional) and other services which may
from time to time become available in the Pacific Northwest; and
WHEREAS, this 20 -year agreement with BPA to make power exchanges
with Pacific Northwest power entities will enable NCPA to "do business"
with SCL and other Pacific Northwest companies; and
WHEREAS, NCPA Counsel and the NCPA Commission have reviewed 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
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 - None
b l , her ,CC j /
Alice M. Reimche
City Clerk
92-136
RES92136/TXTA.02J
Department of Energy
Bonneville Power Administration
P.O. Box 3621
Portland, Oregon 97208-3621
OFFICE OF THE ADMINISTRATOR
In reply refer to: PMCE
June 23, 1992
Contract No. DE—MS79-89BP92819
Mr. Michael W. McDonald, General Manager
Northern California Power Agency
180 Cirby Way
Roseville, CA 95678
Dear Mr. McDonald:
This letter constitutes an Agreement among the United States of America,
Department of Energy, acting by and through the Bonneville Power
Administration (Bonneville), the Northern California Power Agency (NCPA),
and certain members of NCPA, which are the Cities of Alameda, Biggs, Gridley,
Healdsburg, Lodi, Lompoc, Palo Alto, Roseville, and Ukiah, and Plumas—Sierra
Electric Cooperative, hereinafter sometimes referred to individually as
"Party" and collectively as "Parties", to provide a contractual mechanism
for future purchases and sales of surplus energy (firm, nonfirm and/or
provisional), surplus capacity, power exchanges, and other services which the
Parties may agree from time to time to make available and purchase or exchange
for short—term periods as specified below. This 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 to make available or to purchase
or exchange any specific amount of such power or services.
Therefore, Bonneville proposes the following terms and conditions:
1. Term of Agreement. This 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 giving at least 12—months' written notice
to the other Parties; 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 until satisfied.
2. Exhibits. The following exhibits are attached hereto and made part
of this Agreement: Exhibit A — (Wholesale Power Rate Schedules and
General Rate Schedule Provisions) and Exhibit B — (General Contract
Provisions (Form PSC (SW) -1)).
3. NCPA to Act as Agent for its Members. All day—to—day functions under
sections 4, 5, 6, and 7 -of this Agreement shall be the responsibility of
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NCPA, acting as agent for its members. These functions shall include, but
shall not be limited to, scheduling, accounting, billing its members,
rendering bills to Bonneville, and collection of payments from the members
and forwarding payments to Bonneville on bills rendered by Bonneville.
4. Sale of Surplus Energy and Surplus Capacity. At any time during the
term of this Agreement, either Bonneville or NCPA may offer to sell to the
other Party or request to purchase from the other Party available amounts
of surplus energy (firm, nonfirm, and/or provisional) and surplus capacity
for short-term purchase. Any sale of such capacity or energy shall be
promptly confirmed in writing.
5. Power Exchanges or Other Services. Either Bonneville or NCPA may
request the exchange of capacity or energy or other services. Upon such
request, the Parties shall endeavor to negotiate mutually agreeable terms
and conditions for such arrangement. Any agreement for a specific
exchange of capacity or energy or other service shall be promptly
confirmed in writing.
6. Provisions Relating to Delivery. All Bonneville deliveries to NCPA,
and all NCPA deliveries to Bonneville, under this Agreement shall be at
the California -Oregon border, the Nevada -Oregon border, or to another
point as shall be mutually agreed upon by the Parties. Unless otherwise
agreed, the receiving Party shall not be responsible for costs incurred by
the delivering Party in any deliveries of energy or capacity to the point
of delivery.
NCPA shall arrange for transmission service to or from the point of
delivery at the California -Oregon or Nevada -Oregon border. Bonneville,
NCPA, and any other necessary entity shall exchange mutually agreed upon
schedules for NCPA's accounts.
Unless otherwise agreed, Bonneville and NCPA shall each be solely
responsible for the provision of its support services for the integration
of power delivered or received at the point of delivery under this
Agreement.
7. Payment for Power Sold or Other Services Provided.
(a) Bonneville shall submit a power bill to NCPA each month for any
surplus energy or capacity sales at the applicable rate listed in
Bonneville's Wholesale Power Rate Schedules or its successor rate
schedules, or at the rate negotiated pursuant to such rate schedules,
and in accordance with the General Rate Schedule Provisions. NCPA
shall collect payments from its members and forward a single payment
to Bonneville in accordance with the terms of such rate schedule and
the General Rate Schedule Provisions. Power bills which are not paid
in full by NCPA when due shall thereafter bear interest at the daily
rate of interest specified in the then current General Rate Schedule
Provisions, assessed on the unpaid balance on a daily basis until
payment is received by Bonneville.
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(b) NCPA shall submit a power bill to Bonneville by the tenth (10th)
day of the month following the month of sale for sales at the rate
agreed to by the Parties. Bonneville shall pay within 20 days after
the date of the bill. Bills shall reference the contract number of
this Agreement and shall be sent to:
Bonneville Power Administration
Chief, Program and
Contract Review Section - DSAC
P.O. Box 3621
Portland, OR 97208-3621
Payment of the bill by Bonneville shall be accomplished by electronic
transfer within the 20 -day period. Bills not paid in full on or
before the close of business on the due date shall bear interest at
the rate consistent with the Prompt Payment Act Renegotiation Board's
interest rate published in the Federal Register, assessed on the
unpaid balance on a daily basis until payment is received by NCPA.
(c) Any agreement for power exchanges or other services between
Bonneville and NCPA may specify other appropriate related
provisions. Unless otherwise stated in writing, payment and other
related provisions shall be in accordance with the General Rate
Schedule Provisions.
(d) As necessary, Bonneville and NCPA shall identify individual(s)
and address(es) for receipt of official notices, bills, scheduling
procedures, and all other official communications relating to each
transaction in any written confirmation of a transaction.
8. Applicable Law. All sales and exchanges under this Agreement shall
be subject to statutes governing the surplus power marketing activities of
Bonneville, including but not limited 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 Conservation Act,
16 U.S.C. 839).
9. Ratification of Prior Power Transactions. All Parties to this
Agreement hereby acknowledge and ratify any and all short-term power
transactions conducted between Bonneville and NCPA on or after January 1,
1985, whether concluded or continuing, and each Party deems any such
obligations as transactions under this Agreement. Any continuing
transaction is deemed to be an obligation under this Agreement. All such
obligations incurred shall be preserved until satisfied. All prior
deliveries of power which have been completed as of the date of execution
of this Agreement, and all prior payments made by either Bonneville or
NCPA for such deliveries, are hereby expressly accepted and ratified by
all Parties. All deliveries of energy under any exchanges which have been
completed by Bonneville and NCPA are also hereby expressly ratified. All
Parties agree that no obligation remains under any such prior completed
transactions and expressly agree that all obligations incurred by any
Party to another Party under such prior completed transactions have been
fully satisfied.
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10. Signature Clause. Each Party hereto represents that it has 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,
Edward W. Sienkiewicz, Jr.
Senior Assistant Administrator
NORTHERN CALIFORNIA POWER AGENCY
By —
Name _
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date __ __
CITY OF ALAMEDA
By
Name _
(Print/Type)
Title —
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF GRIDLEY
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF BIGGS
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF HEALDSBURG
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
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Approved as to form:
Bobby W. McNatt, City Attorney
n
Attest:
Alice M. Re' he, City Clerk
CITY OF LODI
By
Name Thanas A. Peterson
(Print/Type)
Title City Manager
Date August 19, 1992
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF PALO ALTO
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF LOMPOC
By —
Name —
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
CITY OF ROSEVILLE
By
Name
(Print/Type)
Title
Date
ATTEST:
By
Name _
(Print/Type)
Title
Date
6
CITY OF UKIAH
By
Name —
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date
(VS10-PMCE-4088c)
7
PLUMAS-SIERRA ELECTRIC COOPERATIVE
By —
Name
(Print/Type)
Title
Date
ATTEST:
By
Name
(Print/Type)
Title
Date