Resolution No. 78773
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RESOLUTION NO. 7877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AMENDING RESOLUTION NO. 7812, WHICH APPROVED
AND AUTHORIZED THE FILING OF AN APPLICATION FOR
CERTIFICATION AND RELATED DOCUMENTS WITH THE
CALIFORNIA ENERGY COMMISSION REGARDING THE MALBURG
GENERATING STATION AND AUTHORIZED THE CITY TO DO
ALL OTHER ACTIONS DEEMED NECESSARY OR ADVISABLE
CONCERNING THE APPLICATION PROCESS
WHEREAS, the City of Vernon is in the process of developing a
134 MW Combined Cycle Power Plant officially named the Malburg
Generating Station (the "Malburg Project") for the purpose of
installing additional generating capacity that will yield an efficient,
cost-effective, and reliable source of'electric generation to the City
of Vernon; and
WHEREAS, on August 1, 2001, the City Council of the City of
Vernon adopted Resolution No. 7812, which approved the filing of an
Application for Certification (the "AFC") with the California Energy
Commission (the "CEC"), to undertake the Malburg Project in two phases;
land
WHEREAS, the City now has decided, based upon changes in the
wholesale electric power market and the additional costs required for
air quality emissions control equipment, to build the Malburg Project
in one phase, consisting of the installation and operation of several
major items of equipment, including two combustion turbine generator
units (the "CTGs"), each equipped with a heat recovery steam generator
(the "HRSG"), which provides steam to power a single steam turbine
generating unit (the "STG") being operated in a combined cycle mode;
and
1 WHEREAS, the California.Public Resources Code (the "Code")
2 and Title 20 of the California Code of Regulations (the "Regulations")
3 establishes the procedural requirements for thermal power plant
4 facility permits with the CEC; and
5 WHEREAS, Section 25550 of the Code establishes the procedural
6 requirements for expediting thermal power plant facility permits with
7 CEC; and
8 WHEREAS, the City of Vernon desires the Malburg Project to be
9 considered under the CEC's six month "fast -track" permitting process;
10 and
11 WHEREAS, the CEC has exclusive authority and jurisdiction to
12 certify the sites of new power plants in excess of 50 MW and the City
13 of Vernon is required by the CEC to submit an AFC and accompanying
14 letter in order to obtain authorization to construct the Malburg
15 Project; and
16 WHEREAS, the CEC is the lead agency to certify, permit, and
17 authorize the construction of power plants, in conjunction with all
18 local, regional and state licenses and permits; and
19 WHEREAS, upon approval of the AFC by the CEC, the City shall
20 receive a Certification from the CEC for the License to Construct,
21 granting authority to build the Malburg Project; and
22 WHEREAS, by letter dated November 29, 2001, the City
23 Administrator/City Clerk, has recommended that the City Council
24 approve the AFC and authorize its submittal to the CEC.
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
26 CITY OF VERNON AS FOLLOWS:
27 SECTION 1: The City Council of the City of Vernon hereby
28 finds and determines that the recitals contained hereinabove are true
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and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves and authorizes the filing of an Application for Certification
with the California Energy Commission for the Malburg Generating
Station.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his authorized designee, to
execute said AFC for, and on behalf of, the City of Vernon.
SECTION 4: The City Administrator, or his authorized
designee, is hereby authorized and empowered to undertake any acts and
execute any documents, including the AFC, necessary to comply with the
Code and Regulations and to secure, implement and carry out the
purposes of the AFC.
SECTION 5: The City Administrator, or his authorized
designee, is hereby authorized to make whatever changes, upon advice
of counsel, to the AFC and all related documents that become necessary
to implement and carry out the purposes of this resolution.
SECTION 6: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to deliver the AFC to:
California Energy Commission
Energy Facilities Siting and Environmental Protection
Division
Attn. Docket Unit
1516 9th Street, MS4
Sacramento, CA 95814-5512
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SECTION 7: 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 13th day of December, 2001.
(ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MqBURG, M yor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
7877, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Thursday,
December 13, 2001, and thereafter was duly signed by the Mayor of the
City of Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk''
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