Resolution No. 6532
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RESOLUTION_NO. 6532
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON DETERMINING PURSUANT TO THE ENERGY POLICY
ACT OF 1992 THAT VERNON WILL NOT IMPLEMENT
SUBSECTION (d) (9) OF 16 U.S.C. SECTION 2621
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WHEREAS, certain obligations are imposed on nonregulated
electric utilities by the federal Public utility Regulatory
Policies Act of 1978, as amended by the Energy Policy Act of 1992,
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in connection with the implementation of certain standards of the
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act, more particularly, insofar as pertinent here, by the
following words of 16 U.S.C. Section 2621{a):
[E]ach nonregulated electric utility shall
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consider each standard established by subsection
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(d) of this section and make a determination
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concerning whether or not it is appropriate to
implement such standard....;
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and, to the extent pertinent here, by subsection (d) (9) of 16
U.S.C. Section 2621, providing for a standard captioned "Energy
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efficiency investments in power generation and supply"; and
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WHEREAS, the City of Vernon's electric utility operation
is a nonregulated electric utility within the meaning of such
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statute; and
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WHEREAS, 16 U.S.C. Section 2621{b) requires the City
Council to hold a public hearing prior to making a determination
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respecting the adoption of the standards established by subsection
(d); and
WHEREAS, the City Council of the City of Vernon held a
28 public hearing on the consideration of the adoption of the
1 standard established in 16 U.S.C. section 2621(d) (9) on
2 November 1, 1994, pursuant to a duly published notice and evidence
3 was presented; and
4 WHEREAS, the City Clerk published the notice in
5 accordance with Government Code section 6066; and
6 WHEREAS, the City Clerk published a notice in the
7 Metropolitan News, which was determined to be a newspaper of
8 general circulation nearest to the City most appropriate for this
9 purpose, on October 21, 1994, which indicated that documentation
10 used in the determination of the consideration of the adoption of
11 the standard established in 16 U.S.C. section 2621(d) (9) provided
12 for herein has been available for inspection by the public.
13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
14 CITY OF VERNON AS FOLLOWS:
15 SECTION 1: The City Council of the City of Vernon hereby
16 finds and determines that the recitals contained hereinabove are
17 true and correct.
18 SECTION 2: Based on the evidence presented at the public
19 hearing, the City Council of the City of Vernon hereby finds that
20 Vernon has limited opportunities to make investments in, and
21 expenditures for, cost-effective improvements in the energy
22 efficiency of power generation, transmission and distribution as a
23 result of rate design, and that any attempt to do more than Vernon
24 would otherwise do in the absence of implementation of the
25 standard in subsection (d) (9) would probably do more harm than
26 good. The City Council of the City of Vernon therefor determines
27 that it is not appropriate to implement section 2621(d) (9) to
28 carry out the purpose of the Act.
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SECTION 3: The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution and thereupon and
3 thereafter the same shall be in full force and effect.
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BRUCE V.
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APPROVED AND ADOPTED this 1st day of November, 1994.
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6532, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
on Tuesday, November 1. 1994, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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12 (SEAL)
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