Resolution No. 89791
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RESOLUTION NO. 8979
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE FILING OF ALL
NECESSARY AND APPROPRIATE APPLICATIONS FOR THE
VERNON POWER PLANT AND FOR THE PAYMENT OF FILING
FEES NOT TO EXCEED $400,000
WHEREAS, the City of Vernon is.in the process of developing,
in conjunction with a consortium of financial institutions and power
companies, an approximate 620 MW Combined Cycle Power Plant officially
named the Vernon Power Plant (the "Vernon Power Plant 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 other end users and/or participants; and
WHEREAS, Section 25552 of the California Public Resources
Code establishes the procedural requirements for expediting facility
permits with the California Energy Commission ("CEC"); and
WHEREAS, the City of Vernon desires the Vernon Power Plant
Project to be considered under the CEC's "fast -track" permitting
process; and
WHEREAS, the CEC has exclusive authority and jurisdiction to
certify the sites of new power plants and the City of Vernon is
required by the CEC to submit an Application for Certification ("AFC")
in order to obtain authorization to construct the Vernon Power Plant
Project; and
WHEREAS, certification by the CEC is in lieu of all local,
regional and state licenses and permits; and
WHEREAS, upon approval of the AFC by the CEC, the City shall
receive a Certification from the CEC for the License to Construct,
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granting authority to build the Vernon Power Plant Project; and
WHEREAS, as part of the CEC's certification process, the
City is required to separately submit a copy of the AFC to the South
Coast Air Quality Management District ("AQMD") and submit an
Application for Permit to Construct and Operate the Vernon Power Plant
Project to the AQMD in order for the AQMD to conduct a Determination
of Compliance review of the AFC and grant the Permit to Construct to
certify that the Vernon Power Plant Project meets the requirements of
the applicable sections of the federal Clean Air Act (Act) and the
stationary source regulatory programs required by the Act and all
other applicable AQMD regulations; and
WHEREAS, subsequent to the City obtaining the Permit to
Construct from the AQMD, the City will submit the necessary
supplemental filings to the City's existing Title V Operating Permit
("Title V") for the Vernon Power Plant Project to obtain the Title V
Permit, which will include all the applicable federal performance,
operating, monitoring, record keeping, and reporting requirements of
the Act and the requirements of AQMD Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
►CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
►finds and determines that the recitals contained hereinabove are true
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 Vernon Power Plant
Project.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Attorney, or his authorized designee, to execute
said AFC for, and on behalf of, the City of Vernon.
SECTION 4: The City Attorney, or his authorized designee,
is hereby authorized and empowered to execute any documents, including
the AFC, necessary to secure, implement and carry out the purposes of
Ithe AFC.
SECTION 5: The City Attorney, or his authorized designee,
is hereby authorized to make whatever nonsubstantive 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
approves and authorizes the filing of the Permit to Construct with the
AQMD for the Vernon Power Plant.
SECTION 7: The City Council of the City of Vernon hereby
approves and authorizes the subsequent filing of the necessary
supplemental documents for the Title V Permit with the AQMD for the
Vernon Power Plant Project, and the City Council hereby orders said
supplemental documents for the Title V Permit to be filed with the
AQMD subsequent to the Permit to Construct, at the City Attorney's
direction and in coordination with the AQMD licensing process for the
Permit to Construct.
SECTION 8: The City Council of the City of Vernon hereby
authorizes the City Attorney, or his authorized designee, to execute
said Permit to Construct and, at the appropriate time, the Title V
Application for, and on behalf of, the City of Vernon.
SECTION 9: The City Attorney, or his authorized designee,
is hereby authorized and empowered to execute any documents necessary
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Ito secure, implement and carry out the purposes of the Permit to
Construct and Title V Application.
SECTION 10: The City Attorney, or his authorized
designee, is hereby authorized to make whatever nonsubstantive
(changes, upon advice of counsel, to the Permit to Construct and Title
V Application and all related documents that become necessary to
implement and carry out the purposes of this resolution.
SECTION 11: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to send the Permit to
Construct, a copy of the AFC and the required permit processing fee
to:
South Coast Air Quality Management District
Attn. John T. Yee, Senior Air Quality Engineer
21865 East Copley Drive
Diamond Bar, CA 91765-4182
SECTION 12: The City Council of the City of Vernon hereby
directs the Acting City Clerk, or his designee, to deliver the AFC to:
California Energy Commission
Attn. Project Manager
1516 Ninth Street
Sacramento, CA 95814
SECTION 13: The Acting 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 1st day of March, 2006.
ATT
BRUCE V. MALKENHORST, JR.
Acting City Clerk
==
LEONIS C. MA URG, ayor
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 8979, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, March 1, 2006, and thereafter was duly signed by the Mayor
of the City of Vernon. A
(SEAL)
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BRUCE MALKENHORST, JR.
Acting ity Clerk
BEFORE THE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT
COMMISSION OF THE STATE OF CALIFORNIA
1516 NINTH STREET, SACRAMENTO, CA 95814
1-800-822-6228 - www.ENERGY.CA.GOV
APPLICATION FOR CERTIFICATION
FOR THE SOUTHEAST REGION ENERGY DOCKET NO. 06-AFC-4
A E ENTER FORMERLY CITY OF VERNON)
ORDER NO. 09-1021-04
O CT 2 9 2009
ORDER TERMINATING PROCEEDINGS
CITY CLERK'S OFFICE
BACKGROUND
On September 29, 2009, Applicant, City of Vernon, filed a letter with the Commission's
Executive Director pursuant to California Code of Regulations, title 20, Section 1709.8,
withdrawing the Application for Certification in the above -captioned proceeding.
DISCUSSION
Applicant's Notice of Withdrawal complies with Section 1709.8(a) of the Energy
Commission's regulations, which provides that the Presiding Member shall issue a
written order terminating proceedings upon receipt of a properly executed withdrawal
notice. On October 1, 2009, the Committee assigned to the case issued its Order
recommending to the Commission termination of the proceeding and closing of Docket
No. 06-AFC-4.
ORDER
The Application for Certification proceeding for the Southeast Region Energy Center
is hereby terminated. The docket in this case (No. 06-AFC-4) shall. be closed..
We therefore affirm and adopt the Committee Order.
Dated: October 21, 2009 at Sacramento, California.
KAREN DOUGLAS
Chairman