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HomeMy WebLinkAboutRes1991-095 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 91-095 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A NET BILLING AGREEMENT WITH CHUGACH ELECTRIC ASSOCIATION WHEREAS, the city of Seward is a signatory of the Bradley Lake Hydroelectric Power Agreement and owns a one percent (1%) share of the electrical power generated by Bradley Lake Hydroelectric Dam; and WHEREAS, the city of Seward is obligated to pay a one percent (1%) share of the amount the railbelt utilities are obligated to pay to the Alaska Energy Authority (AEA) for their share of the construction cost of the Bradley Lake Dam; and WHEREAS, the city of Seward has an existing wholesale agreement with Chugach Electric Association (CEA) and currently purchases all of its electricity from CEA under that agreement; and WHEREAS, it would be difficult and costly for the city of Seward to independently manage its one percent (1%) share of Bradley Lake power; and WHEREAS, under terms of a proposed Net Billing Agreement between the city of Seward and CEA, CEA will manage the city's share of the Bradley Lake power at no additional cost to the city, except that the wholesale rate will be increased to reflect the APUC approved wholesale rate reflecting the cost of commingling Bradley Lake power with CEA generated power; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute a Net Billing Agreement with Chugach Electric Association as outlined above. A copy of the agreement is attached and incorpo- rated herein by reference. Section 2. This agreement shall take effect upon approval of the Board of Directors of the Chugach Electric Association and approval of this resolution by the Seward City Council. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 12th day of August, 1991. -1- . CITY OF SEWARD, ALASKA RESOLUTION NO. 91-095 AYES: NOES: ABSENT: ABSTAIN: ATTEST: Burgess, Simutis None Dunham None Hilton, . (City Seal) THE CITY OF SEWARD, ALASKA QC~Ah'.cY'Ajl~ David L. Hilton, Mayor Krasnansky, Meehan, Sieminski and APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska 7~ AI Unc- Fred B. Arvidson City Attorney APPROVED AS TO FORM: Bailey & Mason, Attorneys for the city of Seward, Alaska / ...~ ( .;r uli~ Mason City Attorney t M----u,...... . -2- . . . SEWARD NET BILLING AGREEMENT Dated June 7, 1991 1. PARTIES The parties to this Agreement are chugach Electric Association, Inc. (Chugach), an Alaska nonprofit electric cooperative meJDbership organization having its offices in Anchorage, Alaska, and the City of Seward (Seward), an Alaska Municipal corporation. 2. ~ a) This Agreement shall become effective when approved by (a) the Rural Electrification Administration of the united states Department of Agriculture and (b) the Alaska Public utilities commission, if chugach, upon inquiry, determines that such approvals are required or if no such approval is necessary, on the last date of execution. b) This Agreement shall remain in effect so long as chugach provides power to Seward under the Wholesale Power Agreement between Chugach and Seward signed on August 27, 1984 and september 27, 1984 by the respective representatives of the parties, as amended (hereinafter "1984 Wholesale Power Agreement") or under any successor agreement under which Chugach provides power to Seward. 3. AGREEMENT a) Power from Seward I s share of the Bradlev Lake Hvdroelectric Proiect. So long as this Agreement continues to apply, Chugach shall be entitled to schedule the generation of and to receive from Seward any power which is produced by the Bradley Lake Hydroelectric Project and which Seward is entitled to receive under the Bradley Lake Power Sales Agreement and related agreements governing the disposition of power from the Bradley Lake Hydroelectric Project. b) Treatment of Bradlev Lake Dower for DUrDOSeS of Dower SUDDlv and rate makinq. For purposes of supplying and making rates for power sold to Seward, chugach will be entitled to co-mingle any power chugach receives from Seward under section 3 (a) of this Agreement with all other electric power available to chugach. c) Reimbursement of costs throuah net billinq. Seward shall be obligated to pay the costs of power it has committed chugach/Seward Net Billing Agreement 1991 Page 1 . . . to purchase from the Bradley Lake Hydroelectric Project (as stated in the Bradley Lake Hydroelectric project Power Sales Agreement) in the same manner as if this Agreement did not exist, and without this Agreement being treated as an assignment of Seward's share of the Bradley Lake Project to Chugach. However, Chugach will reimburse Seward for any costs actually incurred by Seward pursuant to the Bradley Lake Hydroelectric Project Power Sales Agreement by crediting to Seward's account with Chugach those amounts paid by Seward under the Bradley Lake Hydroelectric project Sales Agreement and billing Seward for the net amounts owed to Chugach. The effect of such billing credits shall be to reduce the net amounts that Seward is otherwise obligated to pay Chugach for power purchased from Chugach under the 1984 Wholesale Power Agreement. 4. RELATIONSHIP TO OTHER AGREEMENTS This Agreement is in the nature of an ancillary agreement to the existing 1984 Wholesale Power Agreement, as amended, the Bradley Lake Hydroelectric Project Power Sales Agreement and the Bradley Lake Hydroelectric Project Services Agreement. This Agreement is intended to operate in conjunction with these Agreements and does not in any way alter the parties' obligations under these Agreements. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives on this date first set forth above. CHUGACH ELECTRIC ASSOCIATION, INC. THE CITY OF SEWARD By By As As Date Date netblll.3 APPROVED AS TO FORM: .~ Chugach/Seward Net Billing Agreement 1991 Page 2