Resolution No. 90521
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RESOLUTION NO. 9052
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND RATIFYING THE FILING OF AN
APPLICATION FOR CERTIFICATION WITH THE CALIFORNIA
ENERGY COMMISSION FOR THE VERNON POWER PLANT
PROJECT AND PAYMENT OF RELATED FEES AND APPROVING
AND AUTHORIZING THE PAYMENT OF ADDITIONAL FUNDS FOR
SAID APPLICATION
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
roamed 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, on March 1, 2006, the City Council of the City of
(Vernon adopted Resolution No. 8979 approving the filing of an
Application for Certification ("AFC") with the California Energy
Commission ("CEC") and the filing of the Permit to Construct with the
South Coast Air Quality Management District ("AQMD") for the Vernon
Power Plant Project; and
WHEREAS, the application filing fee of $247,161.00 was
(deposited with the CEC; and
WHEREAS, the City now has decided, based upon changes in the
wholesale electric power market, to build the Vernon Power Plant
Project with a capacity of 943 MW; and
WHEREAS, City staff have requested that a new application be
filed with the California Energy Commission for the Vernon Power Plant
Project with a filing fee of not to exceed $110,000.00; and
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WHEREAS, Section 25552 of the California Public Resources
Code establishes the procedural requirements for expediting facility
permits with the 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 AFC in order to obtain authorization
Ito construct the Vernon Power Plant Project with a capacity of 943 MW;
land
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,
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 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
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("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
ratifies the payment of $247,161.00 on or about March 1, 2006 for the
AFC filing fee.
SECTION 3: 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 with a filing fee not to exceed $110,000.00.
SECTION 4: 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 5: 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
the AFC.
SECTION 6: 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.
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1 SECTION 7: The City Council of the City of Vernon hereby
2 approves and authorizes the filing of the Permit to Construct with the
3 AQMD for the Vernon Power Plant with the appropriate filing fee.
4 SECTION 8: The City Council of the City of Vernon hereby
5 approves and authorizes the subsequent filing of the necessary
6 supplemental documents for the Title V Permit with the AQMD for the
7 Vernon Power Plant Project, and the City Council hereby orders said
8 supplemental documents for the Title V Permit to be filed with the
9 AQMD subsequent to the Permit to Construct, at the City Attorney's
10 direction and in coordination with the AQMD licensing process for the
11 Permit to Construct.
12 SECTION 9: The City Council of the City of Vernon hereby
13 authorizes the City Attorney, or his authorized designee, to execute
14 said Permit to Construct and, at the appropriate time, the Title V
15 Application for, and on behalf of, the City of Vernon.
16 SECTION 10: The City Attorney, or his authorized designee,
17 is hereby authorized and empowered to execute any documents necessary
18 to secure, implement and carry out the purposes of the Permit to
19 Construct and Title V Application.
20 SECTION 11: The City Attorney, or his authorized
21 designee, is hereby authorized to make whatever nonsubstantive
22 changes, upon advice of counsel, to the Permit to Construct and Title
23 V Application and all related documents that become necessary to
24 implement and carry out the purposes of this resolution.
25 SECTION 12: The City Council of the City of Vernon hereby
26 directs the Acting City Clerk, or his designee, to send the Permit to
27 Construct, a copy of the AFC and the required permit processing fee
28 to:
$
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South Coast Air Quality Management District
Attn. John T. Yee, Senior Air Quality Engineer
21865 East Copley Drive
Diamond Bar, CA 91765-4182
SECTION 13: 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 14: 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 24th day of May, 2006.
ATTEST:
BRUCE V MAL ENHORST, JR.
Acting ity lerk
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LEONIS C. MAL-AURG, M yor,
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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. 9052, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, May 24, 2006, and thereafter was duly signed by the Mayor of
the City of Vernon. 111)
(SEAL)
BRUC V.
Actin C
ALKENHORST, JR.
y 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