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Resolution No. 4854 1 2 3 4 5 6 RESOLUTION NO. 4854 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE EXECUTION OF A LETTER AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY PROVIDING FOR THE NEGOTIATION OF AN INTEGRATED OPERATIONS AGREEMENT FOR INTEGRATION OF VERNON'S PROPOSED PALO VERDE ENTITLEMENT AND CERTAIN OTHER RESOURCES 7 WHEREAS, the City Council of the City of Vernon is 8 considering participating in the Palo Verde Nuclear Generation 9 Station Project (hereinafter npalo VerdeU) as a member of the 10 Southern California Public Power Authority (hereinafter "SCPPA"); 11 and 12 WHEREAS, Vernon purchas8s energy and capacity from 13 Southern California Edison Company (hereinafter "Edison") 14 pursuant to a full-requirements tariff schedule filed with the 15 Federal Energy Regulatory Commission (hereinafter "FERC"); and 16 ~ffiEREAS, FERC has approved for other resale cities an 17 Intergated Operations Agreement (hereinafter "lOA") which 18 provides for the integration of non-Edison resources to the 19 combined Edison resale cities' system; and 20 WHEREAS, Edison has requested that the City of Vernon 21 execute an lOA identical to Anaheim's IOA in order to integrate 22 the City's proposed entitlement in Palo Verde; and 23 WHEREAS, the City Council of the City of Vernon is 24 unwilling at this time to commit its future actions to the 25 restrictions contained in the IOA and has attempted to 26 negotiate a different integration formula with Edison since 27 April of 1981; and 28 WHEREAS, Edison has refused to modify the Anaheim lOA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and refuses to include the modifications suggested by the City of Vernon; and WHEREAS, Edison has indictated that it is willing to negotiate an IOA limited in its application to the integration of Vernon's proposed entitlement in Palo Verde, replacement capacity, if necessary, associated with Vernon's Palo Verde entitlement and any non-firm energy acquired by Vernon from third parties and delivered to Vernon's system to serve its load; and WHEREAS, it is the opinion of the City's consultants and the City Attorney that Edison will not agree to any further modifications without resort to legal actions before FERC or, a court of competent jurisdiction; and WHEREAS, the economic studies which have been prepared in consideration of the City's participation in the Palo Verde Project have considered the detrimental impact of the Anaheim lOA on said Project; and WHEREAS, Edison's willingness to negotiate an IOA limited in its application to the Palo Verde Project restricts the lOA's detrimental affects to Palo Verde which have been considered in the economic studies prepared by the City's consultants; and WHEREAS, Edison has agreed to execute a letter agreement providing that they will participate in negotiations in good faith to negotiate an lOA limited in its application to the City's participation in Palo Verde; and WHEREAS, the City Attorney recommends that the City of Vernon execute said letter agreement agreeing to negotiate in -2- 1 2 3 4 5 6 good faith with Edison an lOA limited in its application to the integration of the City's participation ~n Palo Verde. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: That the City Council of the City of Vernon hereby finds and determines that the recitals contained herein- 7 above are true and correct. 8 9 10 11 12 13 14 15 16 SECTION 2: That the City Council of the City of Vernon does hereby approve the letter agreement with Edison for the negotiation of an lOA for integration of Vernon's proposed Palo Verde entitlement and certain other resources, a copy of which is attached hereto as Exhibit "A" and incorporated herein as though fully set forth at length. SECTION 3: That the City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk of the City of Vernon to execute said letter agreement for, and on behalf of, 17 the City of Vernon. 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: That the City Clerk is hereby authorized to deliver said letter agreement and a copy of this Resolution for, and on behalf of, the City of Vernon to Southern California Edison Company. SECTION 5: That the City Clerk of the City of Vernon shall certify to the passage of this Resolution and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 3rd day of November, 1981. ATTEST: ~ /~ ~~LKENHORST, City Clerk BRUCE V. -3- .... ,.~ ' -- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 55. I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 4854 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said City at a regular meeting of the City Council held on Tuesday, November 3 , 19' 81 BRUCE V. ~~LKENHORST, (SEAL) -4-