HomeMy WebLinkAbout92-31RESOLUTION NO. 92-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
UKIAH AUTHORIZING DISMISSAL OF CROSS-
APPEAL IN USA v, PG & E AND RELATED ACTIONS
SUBJECT TO STATED CONDITIONS
1. Ukiah and five other cities belonging to the Northern California Power Agency
("NCPA") purchased power in 1982 from the Western Area Power Administration
("WAPA") rather than Pacific Gas and Electric Company ("PG & E"); and
2. PG & E objected to said purchases; and
3. The six cities agreed to place in escrow accounts the amount they would have
paid PG & E for the power purchased from WAPA; and
4. Subsequently, law suits and administrative proceeds were filed by all of the af-
fected parties resulting in a federal district court judgment and appeals by PG & E and
cross-appeals by Ukiah, Lodi and Alameda to the Ninth Circuit Court of ,,Appeals in USA
et al v. PG & et al, docket numbers 91-16011, 91-16046 and 91-16174 ( the Healdsburg
litigation), as well as a complaint to the Nuclear Regulatory Commission ("NRC"); and
5. NCPA and PG & E have entered a written agreement (a true and correct copy of
which is attached hereto as Exhibit A), settling this and some other laws suits and ad-
ministrative proceedings pending between them which will obligate PG & E to transmit
energy for NCPA cities, when they purchase energy from other sources, whether or not PG
& E and the cities have agreed to the charges for such transmission at the time such energy
is purchased. In addition, PG & E has agreed to pay NCPA $6,000,000; and
6. The settlement agreement is conditioned on the NRC approving the settlement
and Lodi, Alameda and Ukiah dismissing their cross-appeals in the Healdsburg litigation;
and
7. The NCPA Commissioners have agreed in principle to insure that all six cities to
the Healdsburg litigation benefit equally from the settlement; and
8. The City Council has determined that .approval of the settlement and dismissal of
the City's cross-appeal will benefit the electric utility and the citizens of the City of Ukiah;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is hereby authorized to
dismiss the cross-appeal in USA et al. v. PG & E et al., numbers 91-16011, 91-16046 and
91-16174 provided the following conditions have been met:
1. The NRC approves the settlement agreement in substantially the form set forth
in the attached Exhibit A; and
2. The NCPA Commissioners approve a distribution of the $6,000,000 settlement
fund that results in the equal treatment of all six cities which were parties to the
Healdsburg litigation.
PASSED AND ADOPTED this 1_..~5 day ofaanuar~ ,1992, by the following roll call vote:
AYES: Councilmembers Wattenburger, Shoemaker, Schneiter and Mayor
Henderson
NOES: None
~lty ~.lCry Cathy/cKay
ABSENT: Councilmember McMichael//~ ~
lorOaUeen B. Henderson