HomeMy WebLinkAboutResolutions - No. 2012-81RESOLUTION NO. 2012-81
A RESOLUTION OF THE LODI CITY COUNCIL
APPROVING THE FIRST AMENDMENT TO THE LODI
ENERGY CENTER PROJECT MANAGEMENTAND
OPERATION AGREEMENT AND AUTHORIZING
EXECUTION BY THE CITY MANAGER
WHEREAS, the City of Lodi and other participants entered into the Lodi Energy
Center Project Management and Operations Agreement (PMOA) dated effective August
1, 2010, for the purpose of governing all matters related to the operations and
management of the Lodi Energy Center (LEC); and
WHEREAS, since that time Assembly Bill 32 has been passed by the California
State Legislature and signed by the Governor and adopted by the California Air
Resources Board (CARB) on October 20, 2011, became final in December 2011, and
will impose limits upon Green House Gas emissions commencing January 1, 2013; and
WHEREAS, this First Amendment to the PMOA clarifies NCPA's authority to
obtain all necessary federal, state, and local permits, licenses, opinions, and rulings to
construct, operate, and maintain the LEC Project in accordance with all legal and
regulatory requirements and prudent utility practice which includes, but is not limited to,
participation in CARB's Cap -and -Trade Program and the ability to transfer Compliance
Instruments between NCPA and LEC Participants; and
WHEREAS, the language of the proposed new Section 3.3c to be included in the
First Amendment to the PMOA was reviewed and approved by the LEC Project
Participants Committee on March 12, 2012 and by the NCPA Commission on March 22,
2012; and
WHEREAS, the LEC Project Participants Committee will be finalizing a new
Schedule 11.00 to be approved by the NCPA Commission; and
WHEREAS, revisions to schedules in the PMOA only require NCPA Commission
approval; and
WHEREAS, no significant financial impact is expected from the approval of the
First Amendment to the Lodi Energy Center Project Management and Operations
Agreement and sufficient funding is included in the FY 2012/13 Budget Account
No. 160642.8201.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does
hereby approve the First Amendment to the Lodi Energy Center Project Management
and Operations Agreement and authorize execution by the City Manager with
administration by the Electric Utility Director.
Dated: June 6, 2012
hereby certify that Resolution No. 2012-81 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held June 6, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, Katzakian, Nakanishi,
and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS — None
DI JOHL
City Clerk
2012-81