Resolution No. 8794
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RESOLUTION NO. 8794
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON AUTHORIZING AND APPROVING THE PREPARATION
AND FILING OF AN APPLICATION FOR CERTIFICATION WITH
THE CALIFORNIA ENERGY COMMISSION AND A PERMIT TO
CONSTRUCT WITH SOUTH COAST AIR QUALITY MANAGEMENT
DISTRICT FOR THE VERNON POWER PLANT PROJECT; AND
APPROVING AND AUTHORIZING CERTAIN OTHER MATTERS
RELATING THERETO
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9 WHEREAS, the City of Vernon is in the process of developing
10 an approximate 800 MW Combined Cycle Power Plant officially named the
11 Vernon Power Plant (the "Vernon Power ptant Project") for the purpose
12 of installing additional generating capacity that will yield an
13 efficient, cost-effective, and reliable source of electric generation
14 to the City of Vernon and other end users and/or participants; and
15 WHEREAS, Section 25552 of the California Public Resources
16 Code establishes the procedural requirements for expediting facility
17 permits with the California Energy Commission ("CEC"); and
18 WHEREAS, the City of Vernon desires the Vernon Power Plant
19 Project to be considered under the CEC's "fast-track" permitting
20 process; and
21 WHEREAS, the CEC has exclusive authority and jurisdiction to
22 certify the sites of new power plants and the City of Vernon is
23 required by the CEC to submit an Application for Certification ("AFC")
24 in order to obtain authorization to construct the Vernon Power Plant
25 Project; and
26 WHEREAS, certification by the CEC is in lieu of all local,
27 regional and state licenses and permits; and
28 WHEREAS, upon approval of the AFC by the CEC, the City shall
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1 receive a Certification from the CEC for the License to Construct,
2 granting authority to build the Vernon Power Plant Project; and
3 WHEREAS, as part of the CEC's certification process, the
4 City is required to separately submit a copy of the AFC to the South
5 Coast Air Quality Management District ("AQMD") and submit an
6 Application for Permit to Construct and Operate the Vernon Power Plant
7 Project to the AQMD in order for the AQMD to conduct a Determination
8 of Compliance review of the AFC and grant the Permit to Construct to
9 certify that the Vernon Power Plant Project meets the requirements of
10 the applicable sections of the federal Clean Air Act (Act) and the
11 stationary source regulatory programs required by the Act and all
12 other applicable AQMD regulations; and
13 WHEREAS, subsequent to the City obtaining the Permit to
14 Construct from the AQMD, the City will submit the necessary
15 supplemental filings to the City's existing Title V Operating Permit
16 ("Title V") for the Vernon Power Plant Project to obtain the Title V
17 Permit, which will include all the applicable federal performance,
18 operating, monitoring, record keeping, and reporting requirements of
19 the Act and the requirements of AQMD Regulations.
20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
21 CITY OF VERNON AS FOLLOWS:
22 SECTION 1: The City Council of the City of Vernon hereby
23 finds and determines that the recitals contained hereinabove are true
24 and correct.
25 SECTION 2: The City Council of the City of Vernon hereby
26 approves and authorizes the filing of an Application for Certification
27 with the California Energy Commission for the Vernon Power Plant
28 Project.
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1 SECTION 3: The City Council of the City of Vernon hereby
2 authorizes the City Administrator, or his authorized designee, to
3 execute said AFC for, and on behalf of, the City of Vernon.
4 SECTION 4: The City Administrator, or his authorized
5 designee, is hereby authorized and empowered to execute any documents,
6 including the AFC, necessary to secure, implement and carry out the
7 purposes of the AFC.
8 SECTION 5: The City Administrator, or his authorized
9 designee, is hereby authorized to make whatever nonsubstantive
10 changes, upon advice of counsel, to the AFC and all related documents
11 that become necessary to implement and carry out the purposes of this
12 resolution.
13 SECTION 6: The City Council of the City of Vernon hereby
14 approves and authorizes the filing of the Permit to Construct with the
15 AQMD for the Vernon Power Plant.
16 SECTION 7: The City Council of the City of Vernon hereby
17 approves and authorizes the subsequent filing of the necessary
18 supplemental documents for the Title V Permit with the AQMD for the
19 Vernon Power Plant Project, and the City Council hereby orders said
20 supplemental documents for the Title V Permit to be filed with the
21 AQMD subsequent to the Permit to Construct, at the City
22 Administrator's direction and in coordination with the AQMD licensing
23 process for the Permit to Construct.
24 SECTION 8: The City Council of the City of Vernon hereby
25 authorizes the City Administrator, or his authorized designee, to
26 execute said Permit to Construct and, at the appropriate time, the
27 Title V Application for, and on behalf of, the City of Vernon.
28 SECTION 9: The City Administrator, or his authorized
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1 designee, is hereby authorized and empowered to execute any documents
2 necessary to secure, implement and carry out the purposes of the
3 Permit to Construct and Title V Application.
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SECTION 10: The City Administrator, or his authorized
5 designee, is hereby authorized to make whatevernonsubstantive
6 changes, upon advice of counsel, to the Permit to Construct and Title
7 V Application and all related documents that become necessary to
8 implement and carry out the purposes of this resolution.
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SECTION 11: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send the Permit to
Construct, a copy of the AFC and the required permit processing fee
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to:
South Coast Air Quality Management District
Attn. John T. Yee, Senior Air Quality Engineer
21865 East Copley Drive
Diamond Bar, CA 91765-4182
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SECTION 12: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to deliver the AFC to:
California Energy Commission
Attn. Project Manager
1516 Ninth Street
Sacramento, CA 95814
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SECTION 13: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 29ili day of June, 2005.
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/' LEONIS C. MALB RG, M;;;or
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
(SEAL)
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