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Resolution No. 5248 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 RESOLUTION NO. 5248 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. VERNON APPROVING AND AUTHORIZING THE EXECUTIPN OF A SERVICE AGREEMENT BY AND0SETWBEN THE CITY OF VERNON AND THE 110N'l'ANA POWER COMPANY FOR THE PURCHASE OF NONFIRM ENERGY WHEREAS, ,the Montana Power Company has available surplus energy to sell to public entities within the state of California; and W1tERE~S, the City of Vernon is interested in buYing surplus energy from the Montana Power Company at prices less than the prices charged by Southern California Edison Company; and WHEREAS, ~he execution of this Agreement would permit the City of Vernon to purchase said surplus nonfirm energy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY or VERNON AS FOLLOWS: SECTION h That the City Council of the City of Vernon hereby finds and determines that the recitals contained herein- above are true and correct. SECTION ,2: That the City Council of the City of Vernon hereby approves the Service Agreement, a copy of which has been presented to the City Council con- currently with this Resolution and the City Council hereby orders said Agreement to be received and filed by the City Clerk. SECTION 3; That the City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to exe.cute 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 , . said Agreement for, and on behalf of, the City of Vernon. SECTION 4: 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 28th day of January, 1986. Z' ......-~///~~M BRUCE V. MALKENHORST, City Clerk -2- , . 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . . 1 2 3 4 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) 5 I, BRUCE V. MALKENHORST, city Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 5248 , was duly adopted by the City Council of the City of Vernon, and was approved by the Mayor of said city at an adjourned regular meeting of the City Council held on Tuesday, January 28 , 19 86 . BRUCE V. MALKENHORST, City Clerk (SEAL) -3- .... .. .... !" ..1 #11";, t.a~ c....~"-.:,~~ _.~._~.~ The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Second Revised Sheet No. 7 Cancelling First Revised Sheet No. 7 ~a {:?to ... ~.. .~ Form of Service Agreement THE MONTANA POWER COMPANY under FERC Electric Tariff Original Volume No. 1 Purchaser: City of Vernon Address of Purchaser: Department of ~ater & Power 4305 Santa Fe Avenue Vernon, Caiifornia 19058 Service: For Wholesale Nonfirm Energy for resale under the terms and conditions of The Montana Power Company Tariff M-1 of FERC Electric Tariff Volume No.1 dated January 1, 1983. Quantities: As agreed between Purchaser and Seller. Applicable Rates and Conditions: A,11 Term: This agreement may be terminated by either party on seven days' writtgn notice. Effective Date: . December 10, 1985 , subject to approval by the Federal Energy Regulatory Commission. ?"" Issued By: Effective: 270036 J. F. Doran, Vice President, Economics and Revenue Requirements July 26, 1982 Issued On: May 26, 1982 /// .., '\ '.. ... ..... It . 'I The Montana Power Company FERC ELECTRI C TARIFF ,# Volume 1, Second Revised Sheet No. 8 Cancelling First Revised Sheet No. 8 The Parties hereto have agreed to the foregoing terms and conditions as of the 10 day of December , 1985. APPROVED AS TO FORM F6~ /? ,l~ D~1 f3/bA~- ~, , CITY ATTORNEY -..-.- V''J Issued By: Effective: 270036 THE MONTANA POWER COMPANY BY ~ (PURCHASER ) BY~~A'~). --- Tit e <;? J. F. Doran, Vice President, Economics and Revenue Requirements July 26, 1982 Issued On: May 26, 1982 .1" ~. .... ., ., t' FERC ELECTRIC TARIFF Second Revised Volume No. 1 The Montana Power Company Filed with Federal Energy Regulatory Commission Address all Correspondence To: Mr. J. F. Doran Vice President, Economics and Revenue Requirements The Montana Power Company 40 East Broadway Butte, MT 59701 // ..' . " ,. The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Second Revised Sheet No. 1 Cancelling First Revised Sheet No. 1 TABLE OF CONTENTS Sheet Number Table of Contents . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Nonfirm Energy for Resale Rates (M-l) ............ 2 Form of Service Agreement ........................ 7 Index of Purchasers .............................. 9 Issued By: Effective: 270036 // J. F. Doran, Vice President, Economics and Revenue Requirements July 26, 1982 Issued On: May 26, 1982 " .r . , ....... ~ The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Second Revised Sheet No. 2 Cancelling First Revised Sheet No. 2 Schedule M-l Wholesale Nonfirm Energy for Resale Rates Application This schedule is applicable to any electric utility for the purchase of nonfirm energy for resale from The Montana Power Company (Montana). Type of Service Energy will be supplied as three-phase, alternating 60 Hertz current at transmission voltage levels of lOO kV or higher. Delivery Points Energy delivery will be at any mutually agreeable existing metered transmission interconnection point or points between Montana and the Purchaser or the Purchaser's transferring or receiving agent. Availability Montana, amounts and times schedule. at its sole discretion, will determine the that energy is available under this rate Scheduling To the extent that Montana determines nonfirm energy will be made available, the Purchaser may schedule receipt of such energy at the Delivery Points. Energy accounting hereunder shall be based upon scheduled quantities. Transmission Arrangements Unless otJ."lerwise mutually agreed, responsibility for providing transmission service from Montana's system to the Purchaser's system will rest with the Purchaser and the Purchaser shall bear all costs associated therewith, including transmission. losses. / / Issued By: Effective: 270036 J. F. Doran, Vice President, Economics and . Revenue Requirements July 26, 1982 Issued On: May 26, 1982 . , . I The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Second Revised Sheet No. 3 Cancelling First Revised Sheet No. 3 Billing Bills shall be submitted by Montana on or before the fifteenth (15th) day of each month for energy scheduled and made available during the preceding month and the Purchaser shall pay within fifteen (15) days after receipt of the bill; however, if the payment due date is on a Saturday, Sunday, or legal holiday, the payment shall be due on the first business day following such due date. Statements not paid in full by such due date shall bear an additional charge of one and one half percent per month or the maximum amount allowed by law, whichever is less, on the unpaid balance from such date until the unpaid balance is paid in full. Notices a. Any notice or request provided for herein made in connection with it shall be in writing and shall be deemed properly given or made if delivered in person or sent by United States mail, postage prepaid, to the persons specified in execut- ed Service Agreements. Either party may at any time, by notice to the other party, change the designation or address of the person so specified as one to receive notices herein. b. All other notices hereunder may be gi ven by telephone, telecopy, or teletype communication if in accordance wi th procedures to be agreed upon from time to time by the operating personnel of the parties. Liability Nothing herein shall create, or be interpreted as creating, any standard of care with reference to, or any duty or liability to any person not a party hereto. Rate Changes Nothing contained herein shall be construed as affect- ing in any way the right of any party furnishing service under this rate schedule to unilaterally make application to the Federal Energy Regulatory Commission for a change in rates, under Section 205 of the Federal Power Act and pursuant to the Commis- sion's Rules and Regulations promulgated thereunder. Issued By: Effective: 270036 J. F. Doran, Vice President, Economics and Revenue Requirements July 26, 1982. Issued On: May 26, 1982 oj The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Third Revised Sheet No. 4 Cancelling Second Revised Sheet No. 4 Rates Energy delivered pursuant to this schedule during any billing month will be at the appropriate rate below, which is to be mutually agreed upon by the Parties prior to delivery. An executed service agreement in the form specified wi thin this Volume shall be required and executed prior to any delivery. Each such service agreement is to be filed wi ththe Federal Energy Regulatory Commission. ' M-1.1 M-1.2 M-1.3 M-1.4 Issued By: Effective: 270036 Energy from Non-Controllable Hydroelectric Resources (a) 6.5 mills per kWh during the period Monday through Saturday, 7:00 am through 10:00 pm. (b) 5.0 mills per kWh all other hours of the year. Energy from Controllable Hydroelectric Resources Montana's estimated cost per kWh of replacing the controllable hydroelectric energy delivered but not less than the rates in M-1.l above. Energy from Thermal Resources Montana's cost per kWh of generating and trans- mitting to the appropriate interconnection point from thermal production facili ties available on Montana's system after Montana's firm load requirements have been satisfied. This thermal resource rate shall include up to 100% of the costs associated with the generation and transmission of such thermal energy. The allocable costs included in this rate are to be determined by The Montana Power Company in advance of delivery. Energy from Power Purchased by Montana The total cost per kWh of such purchase plus any identifiable costs directly associated with such energy purchase and redelivery, such as losses and trans- mission costs, plus an adder not to exceed one mill ($0.001) per kWh. J. F. Doran, Vice President, Economics and Revenue Requirements January 1, 1983 Issued On: January l, 1983 .: ...' The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Third Revised Sheet No. 5 Cancelling Second Revised Sheet No. 5 M-l.5 M-l.6 Issued By: Effective: 270036 Share-Savings At a rate which equally distributes between the parties the total saving between the Purchaser's al ternate decremental cost and Montana's incremental cost of producing and delivering the energy or the cost of purchasing and delivering the energy, as determined by Montana at the time of the Share-Savings transaction. provisional Energy Nonfirm energy for resale made available by Montana may i. be provided under a provisional energy rate. Under this concept Montana may require the later return of either a part or all of the energy sold to the Purchaser in order to offset the effect of the occurrence of an event that was considered improbable at the time of the original negotiations. In this event, the return of such energy is subject to the following conditions: ' (1) A final return date for such later return shall be mutually agreed upon prior to any sale under this paragraph. Such date is to be the end of the period in which Montana shall have the right to request the return of all or part of the energy sold. (2) Montana will require the return of energy only to meet conuni tments as mutually agreed upon by the parties at the time(s) of transaction. (3) Montana will notify the Purchaser of the need for the return of energy as soon as Montana is able to determine such need. (4) Energy that may be required to be returned shall be sold back to Montana by the Purchaser a.t a price mutually agreed upon between the parties prior to the delivery by Montana of such pro- visional energy. (5) The transmission losses, Wheeling charges, and other appropriate transmission costs shall be borne by the receiver of such provisional energy. The Provisional Energy rate will be based upon the rates M-1.1 through M-l.5 above as mutually agreed. J. F. Doran, Vice President, Economics and Revenue Requirements January 1, 1983 Issued On: January 1, 1983 ." ~ The Montana Power Company FERC ELECTRIC TARIFF Volume 1, Third Revised Sheet No. 6 Cancelling Second Revised Sheet No. 6 M-l.7 Exchange Nonfirm energy for resale made available by Montana may be provided under an exchange rate. Under this rate, the Purchaser agrees to return energy at a mutually agreeable time and amount. Under this arrangement, the return of such energy is subject to the following conditions: The following items are to be mutually agreed upon prior to any deliveries by Montana. (1) The amount of energy to be supplied and the amount of energy to be returned by the parties. (2) The scheduling provisions of the expected trans- actions. (3) A final return "date to complete the return of such energy. (4) In the event of the failure of the Purchaser to complete the return by the date of final return through no faul t of Montana, ei ther the final return date will be extended by mutual agreement to allow the return to be completed, or the M-l.3 rate or other mutually agreeable rate will be applied to reconcile the transaction. (5) In the event of the failure of the Purchaser to complete the return through fault of Montana, ei ther the final return date will be extended by mutual agreement to allow the return to be com- pleted or, by mutual agreement, an appropriate rate among M-l.l through M-l.5 above will be applied to reconcile the transaction. (6) The transmission losses, wheeling charges, and other appropriate transmission costs shall be borne by the receiver of such exchange energy . // Issued By: Effective: 270036 J. F. Doran, Vice President, Economics and Revenue Requirements January 1, 1983 Issued On: January 1, 1983 . ~ ,. The Montana Power Company . "FERC ELECTRIC TARIFF .. Eighth Revised Sheet No. 10 2d Revised Volume No. 1 (Supercedes Seventh Revised Sheet No; 10) Index of Purchasers Executing Service Agreements To The Montana Power Company FPC Electric Tariff, M-1 Purchase Los Angeles Department of Water and Power Utah Power and Light Company City of Pasadena San Diego Gas and Ele~tric Company City of Burbank Portland General Electric Company Public Utility District No. 1 of Chelan County Washington Water Power Company Southern California Company City of Glendale Tri-State Generation and Transmission Association, Inc. Puget Sound Power and Light Company Nevada Power Company Rate(s) Date of Execution All 10/14/76 All 11/01/76 11/17/76 All M-1.1, M-1.2 M-1.3, M-1.4 11/23/76 03/15/77 All Effective Date Term of Agreement 10/14/76 Undefined* 11/01/76 11/17 /76 Undefined* Undefined* 11/23/76 03/15/77 Undefined* Undefined* All 04/11/77 '04/11/77 Undefined* All 04/28/77 04/15/77 Undefined* All 06/06/77 04/14/77 Undefined* All except H-1 . 3 12/28/77 09/01/77 Undefined* 01/06/78 01/06/78 Undefined* All All 02/03/78 02/03/78 Undefined* .. All 11/27/79 11/27/79 Undefined* M-1.3 OS/24/80 OS/24/80 Undefined* Public SerVice Company of Colorado All Platte River Power Authority 06/10/80 06/05/80 Unde fine d* // All except M-1.6 09/16/80 09/16/80 Undefined* *Al1 may be terminated by either party upon seven days written notice. . Issued By: Effective: J. F. Doran, Vice President, Economics and Revenue Requirements June 30, 1985 170023-1 . . . 'The Montana Power Company Eighth Revised Sheet No. 10 2d Revised FERCELECTRIC TARIFF Volume No. 1 (Supercedes Seventh Revised Sheet No. 10) Date of Effective Term of Purchase Rate(s) Execution Date Agreement Arizona Electric Power Cooperative, Inc. All 08/10/81 07/01/81 Undefined* Idaho 'Power Company All 07/01/81 07/01/81 Undefined* Intermountain Consumer Power Association All 03/16/82 03/16/82 Undefined* City of Colorado Springs All 05/01/82 05/01/82 Undefined* Public. Service Company of New Mexico All 05/01/82 05/01/82 Undefined* Pacific Gas and Electric Company All 07/23/82 07/26/82 Undefined* Sierra Pacific Power Company All 08/30/82 08/30/82 Undefined* City of Riverside All 09/29/82 09/29/82 Undefined* City of Santa Clara All 12/07/82 09/29/82 Undefined* Plains Electric G&T Co-op All 16/13/83 04/01/83 Undefined* Pacific Power and Light Company All 11/21/83 03/01/83 Undefined* City of Farmington All 09/01/83 08/12/83 Undefined* Western Area Power Administration All 11/29/83 11/17/83 Undefined* 4 Eugene Water and Electric Board All 03/01/84 01/16/84 Undefined* Northern California Power Agency All 08/13/84 08/15/84 Undefined* *All may be terminated by either party upon seven days written notice. Issued By: Effective: J. F. Doran, Vice President, Economics and Revenue Requirements June 30, 1985 170023-2 .... ,','" '. · The Montana Power Company .. 'l'ERC ELECTRIC TARIFF AI Purchase Municipal Energy Agency of Nebraska All California Department of Water Resources All "J Eighth Revised Sheet No. 10 2d Revised VolUme No. 1 (Supercedes Seventh Revised Sheet No. 10) Rate(s) Date of Execution Effective Date 08/15/84 11/01/84 Term of Agreement Undefined* Undefined* *A11 may be terminated by either party upon seven days written notice. 08/15/84 11/01/84 ~ Issued By: Effective: J. F. Doran, Vice President, Economics and Revenue Requirements June 30, 1985 170023-3