HomeMy WebLinkAboutRESO 9335Resolution No. 9335
Resolution of the Council of the City of Palo Alto Authorizing the City
Manager to Execute and Administer the Non-Disclosure Agreement
Regarding the Use of Information Between the Northern California
Power Agency and the City of Palo Alto
RECITALS
A. The Northern California Power Agency (liN CPA") was formed in 1968 for
the purpose of utilizing the joint action of participating public power entities to pursue
common interests for the benefit of all such members; and subsequently revised on April 1,
1973 and January 1, 2008. The City of Palo Alto ("City") is a member of NCPA as one of the
original signatories to the NCPA Joint Power Agency Agreement.
B. The City as a participant in the Calaveras Hydroelectric Generation
Project ("Calaveras") and as a signatory to several NCPA agreements receives services from
NCPA including scheduling coordination, settlements and billing with the California
Independent System Operator ("CAISO"); the City's wholesale electric suppliers; renewable
energy suppliers; and the Western Area Power Administration ("Western").
C. In providing such services to the City, NCPA creates and manages data
and information that may be of a commercially sensitive nature as defined under various
Federal and California State laws and regulations. NCPA makes this data available to the City
via a secured web-service (liN CPA Data Portal") or through other means such as reports
derived via data from the NCPA Data Portal. The City is entitled to acceSs and use the data
and information directly attributable to its proportionate participation share of Calaveras,its
load and supply resources. The City has established individual user accounts to the NCPA Data
Portal to aid in billing settlements and the formulation of strategies to manage costs and value
of existing resources and load.
D. On March 21, 2013 NCPA's governing board, ("NCPA Commission")
approved liThe NCPA Agreement Regarding The Use And Non-DisclC?sure Of Information For
NCPA Projects" (liNDA") to contractually facilitate future access to the NCPA Data Portal and
commercially sensitive data and information by its members' staff and consultants effective
July 1, 2013.
E. The NDA requires certain administrative functions including: i) managing
access to the NCPA Data Portal; ii) maintaining the confidentiality of certain information; iii)
establishing internal controls and processes; iv) ensuring proper training of City staff utilizing
the Data Portal; and v) proper execution ofthe NDA and exhibits.
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F. The information accessed via the NCPA Data Portal is vital to the
business operations and financial accounting practices of the City and losing access to the
NCPA Data Portal will limit the Citys ability to effectively manage its electric load, resources
and costs.
The Council ofthe City of Palo Alto does RESOLVE as follows:
SECTION 1. The Council hereby authorizes the City Manager, or his designee, to
execute and fully carryout the administrative functions as required by the NDA.
SECTION 2. Costs associated with the execution and administration ofthe NDA are
considered negligible and will be included in the as part of the Utilities Department's annual
Electric Operating Budget.
SECTION 3. The Council hereby finds that this ordinance is exempt from the
provisions ofthe California Environmental Quality Act pursuant to Section 1S061(b)(3) ofthe
California Environmental Quality Act Guidelines, because it can be seen with certainty that
there is no possibility of significant environmental effects occurring as a result of the adoption
of this ordinance.
INTRODUCED:
PASSED: May 13, 2013
AYES: Berman, Burt, Klein, Kniss, Price, Scharff, Schmid, Shepherd
NOES:
ABSTENTIONS:
ABSENT: Holman
ATTEST:
APPRO~
Senior Asst. City Attorney
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Mayor
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