HomeMy WebLinkAboutResolutions - No. 81-42RESOLUTION 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 thereby 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.
Dated: April 15, 1981
I hereby certify that Resolution No. 81-42 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:
Ayes: Councilmen - Murphy, Hughes, Katnich, Pinkerton
and McCarty
Noes: Councilmen - None
Absent: Councilmen - None
LCL�G�
ALICE M. RE
MC
City Clerk
81-42
EXHIBIT "A"
A24ENDING AGREEMENT
JV
TO T;'_E
AGREEMENT
FOR THE SALE OF ELECTRIC POWER AND ENERGY
TO
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).
RECITALS:
A. Lodi presently purchases all of its electric
energy and capacity (Power) from PGandE in accordance with
an agreement dated April 1, 1970.
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 including
Lodi have entered into power purchase contracts with the
Bonneville Power Administration and certain other utilities
located in the Pacific Northwest (Northwest Entities). Such
contracts provide for the purchase of nonfirm energy
(Northwest Energy) to be delivered to PGandE at or near the
Oregon -California border.
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C. NCPA has entered into a contract dated April 14, 1981 (Interruptible
x
Transmission Service Contract between Pacific Gas and
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
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_Lodi except for such Northwest Energy as may from time to
F
time be delivered by PGandE to Lodi under the provisions
of the NCPA-PGandE 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 tariffs. 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."
3. This Amending Agreement shall be effective on the
date it is permitted to become effective by FERC but not
prior to the effective date of the-NCPA-PGandE Interruptible
Transmission Service Contract. This Amending Agreement shall
remain in effect coincident with the terms of the 1970 Agreement
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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
for NCPA to Lodi under a new interconnection contract be-
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
make 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/or charges.
6. Except as herein provided, the 1970 Agreement shall
remain in full force and effect.
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Dated this .15th day of April 19 81
ATTEST:
CI Y OF LODI, a municipal
cor or
By
JAMES A\McCARTY, MAYOR �\
Alice M. Reamche
City Clerk
PACIFIC GAS AND ELECTRIC COMPANY
By
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