HomeMy WebLinkAboutRESO 9319Resolution No. 9319
Resolution of the Council of the City of Palo Alto Approving
Amendment No.1 to the Amended and Restated Project Agreement
No.5 Between and Among the Transmission Agency of Northern
California and its Participating Members
RECITALS
A. The City of Palo Alto ("City"L a municipal utility and a chartered city, is a member
of the Transmission Agency of Northern California ("TANC"L a joint power agency engaged in
interstate transmission of power that currently owns about 87 percent ofthe California-Oregon
Transmission Project ("COTP"L a 1600 megawatt ("MW"), 340-mile long electric transmission
line from the California-Oregon Border to Northern California.
B. The City has an approximately 50 MW share ofthe COTP.
C. In 2004, TANC and its Members, the Cities of Alameda, Healdsburg, Lodi,
Lompoc, Palo Alto, Redding, Roseville, Santa Clara, and Ukiah, the Modesto Irrigation District,
the Turlock Irrigation District, and the Plumas-Sierra Rural Electric Cooperative ("Participating
Members") entered into TANC Project Agreement No.5 ("PA-5") for Participation in an Open
Access Same Time Information System ("OASIS"),(City of Palo Alto Resolution No. 8467).
D. PA-5 establishes and describes how unused transmission capacity on COTP will
be made available for sale pursuant to Federal laws and regulations that govern open access to
wholesale transmission capacity.
E. PA-5 exempts certain sales from other Participating Members' "Right of Refusal"
provisions. These "Right of Refusal" provisions establish a formal process by which other COTP
participants have the first right to purchase (or refuse) transmission products before such
products are offered to non-participants. The maximum waiver of such rights under the current
language of PA-5 is for transmission products of "less than twelve (12) months", which limits
offerings through the OASIS to monthly, weekly, daily and hourly products.
F. In October 2012, the TANC Commission approved a new annual transmission
product for sale through the OASIS, which requires an amendment to PA-5's waiver ofthe
"Right of Refusal" provision.
G. This Amendment No.1 will change Section 14 of PA-5 to exempt sales of COTP
transmission capacity products of "up to twelve-months" in term from the "Right of Refusal"
provisions.
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H. In January of 2009 (Resolution No. 8900) the City entered into an agreement for
a fifteen-year assignment ofthe City's share ofthe COTP to the Modesto Irrigation District
(MID), the Turlock Irrigation District (TID) and the Sacramento Municipal Utility District (SMUD).
I. Despite the long term assignment, the City remains a signatory to PA-5 and must
approve any amendments for them to be effective.
The Council ofthe City of Palo Alto hereby RESOLVES as follows:
SECTION 1. The Council hereby adopts the resolution approving Amendment No.1 to
the Amended and Restated Project Agreement No.5 Between and Among the Transmission
Agency of Northern California and its Participating Members. The City Manager is hereby
authorized to sign the agreement on behalf of the City.
SECTION 2. The Council further grants the City Manager the authority to approve
future operational amendments to PA-5, during the remainder of the fifteen-year assignment
period through January 31, 2024. Such authority will be limited to amendments that do not
change the City's post-layoff period standing or detrimentally impact the City's contractual
rights.
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SECTION 3. The Council finds that the adoption of this resolution does not constitute
a project under Section 21065 of the California Environmental Quality Act (CEQA) and the CEQA
Guidelines, and therefore, no environmental assessment is required.
INTRODUCED AND PASSED: January 28,2013
AYES: BERMAN, BURT, HOLMAN, KLEIN, KNISS, PRICE, SCHARFF, SCHMID, SHEPHERD
NOES:
ABSENT:
ABSTENTIONS:
ATIEST:
APPROVED AS TO FORM:
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Mayor
APPROVED: