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Resolution No. 96241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9624 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING AN AMENDMENT TO APPENDIX I OF THE CITY'S TRANSMISSION OWNER TARIFF TO INCLUDE THE CITY'S ESTIMATED GROSS LOAD FOR PURPOSES OF THE CITY'S PARTICIPATION IN THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City is a Participating Transmission Owner ("PTO") with the California Independent System Operator ("ISO") and, as such, has submitted its existing Transmission Owner Tariff ("TO Tariff") to ISO and the Federal Energy Regulatory Commission ("FERC"); and WHEREAS, the ISO reimburses the City according to the City's current Transmission Revenue Requirement ("TRR") in return for the City turning over to the ISO the operation and control of the City's transmission entitlements; and WHEREAS, on March 24, 2008, pursuant to City Council Resolution No. 9562, the City adopted a new TRR and an amended TO Tariff which reflected the City's divestiture of certain transmission assets; and WHEREAS, the ISO Tariff requires that each PTO's TO Tariff include, within Appendix. I, a statement of the estimated Gross Load used to develop the ISO's Transmission Access Charge ("TAC"); and WHEREAS, Appendix I of the City's current TO Tariff, a copy of which is attached hereto as "Exhibit 2" and made a part hereof, as 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adopted in Resolution No. 9562 does not state the estimated Gross Load used in developing the ISO TAC; and WHEREAS, it is appropriate for the City to amend Appendix I of its current TO Tariff to state the estimated Gross Load used to (develop the ISO TAC; and WHEREAS, amending Appendix I of the City's current TO Tariff to state the City's estimated Gross Load will neither change the City's TRR nor change the City's electrical rates; and WHEREAS, the Light & Power Department has calculated the City's estimated Gross Load; and WHEREAS, the Light & Power Department has prepared a Staff Report with attached exhibits, dated May-14, 2008, a copy ofwhichis attached hereto as "Exhibit 1" and made a part hereof, which explains the calculation of the City's estimated Gross Load; and WHEREAS, the Light & Power Department has recommended that the City amend Appendix I of its current TO Tariff to state the City's estimated Gross Load. 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 declares that amending Appendix I of the City's current TO Tariff to include the City's estimated Gross Load will neither change the City's TRR nor change the City's electrical rates. SECTION 3: The City Council of the City of Vernon hereby approves and adopts the amendment of Appendix I of the City's current - 2 - 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO Tariff, as described in the Staff Report prepared by the Light & Power Department attached hereto as "Exhibit 1", and as depicted in the attached "Exhibit 3", to include the City's estimated Gross Load. SECTION 4: The City Council of the City of Vernon hereby directs and authorizes the City Attorney to direct outside counsel, on behalf of the City, to: (a) file with the FERC and the ISO the appropriate documents necessary to implement the amendment of Appendix I of the City's TO Tariff to include the.City's estimated Gross Load; (b) submit to the FERC and the ISO appropriate supporting documentation, such as this City Council Resolution approving the amendment of the City's TO Tariff and the Staff Report, in substantially the form presented to the City Council. SECTION 5: 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 19th day of May, 2008. Name: Leonis C . Malburg Title: Mayor / - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that. the foregoing Resolution, being Resolution No. 9624, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, May 19, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) r MANUELA G ONt City Clerk - 4 - EXHIBIT 1 CITY OF. VERNON. LIGHT & POWER DEPARTMENT STAFF REPORT REGARDING THE ADOPTION OF AN AMENDMENT TO APPENDIX I OF THE CITY'S TRANSMISSION OWNER TARIFF TO INCLUDE THE CITY'S ESTIMATED GROSS LOAD FOR PURPOSES OF THE CITY'S PARTICIPATION IN THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR. May 14, 2008 The City of Vernon is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator ("ISO") The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth specific duties and obligations of all PTOs. One such duty, as set forth in the ISO's governing Tariff, is that each PTO must include within its Transmission Owner Tariff ("TO Tariff") both a calculation of the PTO's Transmission Revenue Requirement ("TRR") and the estimated Gross Load used to calculate the TRR. On March 24, 2008, pursuant to Resolution No. 9562, the City Council approved and adopted a new TRR and an amended TO Tariff. The new TRR and the amended TO Tariff reflected the City's sale of certain transmission assets, specifically its share of the Mead -Phoenix Project ("MPP"), its share of the Mead- Adelanto Project ("MAP") (collectively, the "Mead Projects") and its share of the California -Oregon Transmission Project ("COTP"). The Mead Projects were sold to Startrans I.O. LLC ("Startrans"), and the COTP was sold to the Transmission Agency of Northern California ("TANC"). Pursuant to Resolution No. 9562, the City filed its amended TO Tariff with the ISO and the Federal Energy Regulatory Commission ("FERC"). The City's revised TRR, reflecting the sale of the Mead Projects and the COTP, was included in Appendix I of the amended TO Tariff. However, the estimated Gross Load used to develop the ISO's Transmission Access Charge ("TAC") was not included in Appendix I. A.copy of Appendix I of the City's current TO Tariff is attached hereto as "Exhibit 2". Staff Report TRBA.A 2008 Page 2 of 2 In order to fully comply with the ISO Tariff, and to minimize the threat of continued litigation from other PTOs, it is in the City's best interest to amend Appendix I of its TO Tariff to include the City's estimated Gross load. Gross Load is the City's aggregate annual demand for electricity. The Light & Power Department calculates and projects Gross Load as part of its normal operations. The City's Gross Load for 2007, as measured by ISO -certified revenue quality meters, was 1,288,684 MWh, and the data supporting the calculation of this figure is attached hereto as "Exhibit 1-A". Using 2007 as the test year, consistent with the calculation of the new TRR, the Light & Power Department estimates that the City's Gross Load to be 1,288,684 MWh. A copy of Appendix I of the City's TO Tariff, amended to include the City's estimated Gross Load, is attached hereto as "Exhibit 3". Amending Appendix I of the TO Tariff to include the City's estimated Gross Load will not change the City's TRR and will not change the City's electricity rates. RECOMMENDATIONS 1. Approve the amendment of Appendix I of the City's TO Tariff to include the City's estimated Gross Load of 1,288,684 MWh, as depicted in attached "Exhibit 3". 2. Approve the submission to the FERC and the'ISO of the appropriate filings necessary to implement the amendment of Appendix I of the City's TO Tariff to include the City's estimated Gross Load. 3. Approve the submission to the FERC and the ISO of the appropriate supporting documentation, such as this Staff Report and the Resolution it supports, in substantially the form presented to the City Council, necessary to implement the amendment of Appendix I of the City's TO Tariff to include the City's estimated Gross Load. Exhibit 1-A City of Vernon Calendar Year 2007 Load Data Month MWh January 101,547 February 95,123 March 107,881 April 105,681 May 113,596 June 113,861 July 112,173 August 116,854 September 108,132 October 110,980 November 104,271 December 98,584 Total 1,288,684 Exh ibit 2 Transmission Owner Tariff (cont.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $3,131,282. The TRBAA is a negative $1,664,556 for calendar year 2008. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. Authorized by City of Vernon Ordinance No. 940 Issued on: March 24, 2008 Resolution No. Effective: Upon Acceptance by the Commissior Eight Revised Sheet No. 22 Superceding Seventh Revised Sheet No. 22 �z Exhibit 3 Transmission Owner Tariff (cont.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement $918,137. The TRBAA is a negative $1,664,556 for calendar year 2008. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA-will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. Authorized by City of Vernon Ordinance No. 940 Issued on:: March 24, 2008 Resolution No. Effective: Upon Acceptance by the Commission and notification by Vernon Ninth Revised Sheet No. 22 Superceding Eight Revised SheetNo. 22 EXHIBIT 2 Transmission Owner Tariff (cont.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $3,131,282. The TRBAA is a negative $1,664,556 for calendar year 2008. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. I Authorized by City of Vernon Ordinance No. 940 Issued on: March 24, 2008 Resolution No. Effective: Upon Acceptance by the Commission Eight Revised Sheet No. 22 Superceding Seventh Revised Sheet No. 22 EXHIBIT 3 Transmission Owner Tariff (coat.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement $918,137. The TRBAA is a negative $1,664,556 for calendar year 2008. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA-will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. Authorized by City of Vernon Ordinance No. 940 Issued on:: March 24, 2008 Resolution No. Effective: Upon Acceptance by the Commission and notification by Vernon Ninth Revised Sheet No. 22 Superceding Eight Revised SheetNo. 22 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: May 28, 2008 TO: Donal O'Callaghan, Director of Light & Power FROM, Nelly Giron, City Clerk RE: Resolution No. 9624 - A Resolution of the City Council of the City of Vernon Adopting an Amendment to Appendix I of the City's Transmission Owner Tariff to Include the City's Estimated Gross Load for Purposes of the City's Participation in the California Independent System Operator Transmitted herewith is a copy of Resolution No. 9624, referenced above, which was approved by City Council on May 19, 2008. Thank you. NG:dr c: Resolution File No. 9624 A. OFFICE OF THE CITY ATTORNEY Jeff A. Harrison, City Attorney 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 826-1438 May 19, 2008 VIA FEDERAL EXPRESS Grace Su, Esq. Kirkpatrick & Lockhart Preston Gates Ellis LLP 1601 K Street NW Washington, DC 20006-1600 Re: Amended Appendix I to the Citv's TO Tariff Dear Grace: Enclosed please find for filing with FERC a certified copy of Resolution No. 9624 adopting an amendment to Appendix I of the City's Transmission Owner Tariff that was approved by the City Council of the City of Vernon today. If you have any questions, please contact me. Very tru y yours, A. Harrison City Attorney JH:j1 Enclosure cc: Manuela Giron, City Clerk (w/o Encl.)-Resolution No. 9624 Exc(usively Industrial