HomeMy WebLinkAboutNorthern California Power Agency (NCPA) 2022-05-06Assignment 21-SNR-0264 5
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REQUEST FOR ASSIGNMENT OF
CITY OF UKIAH’S
BASE RESOURCE PERCENTAGE
TO NORTHERN CALIFORNIA POWER AGENCY
1. BACKGROUND:
City of Ukiah (Ukiah ) is a municipal corporation. Ukiah entered into Base Resource
BR) Contract 20-SNR-02332 (BR 0 2332 ), dated April 14 , 202 1, with the Western Area
Power Administration (WAPA ). BR 02332 provides Ukiah with 0 .33893 percent of
WAPA ’s BR. Ukiah is located in the California Independent System Operator’s
Balancing Authority Area. Ukiah assigned its BR percentage under BR Contract
0 0 -SNR-00 3 55 to Northern California Power Agency (NCPA ), a joint powers authority ,
under Request for Assignment 04 -SNR-00777 effective January 1, 2005 .
Contract 00-SNR -00355 and Request for Assignment 04-SNR-00777 terminate
December 31, 2024. NCPA and Ukiah wish to retain the assignment beyond 2024.
2. REQUEST FOR ASSIGNMENT OF UKIAH BR PERCENTAGE TO NCPA:
2.1 On the effective date of this Request for Assignment 21-SNR-02645
Assignment), Ukiah hereby requests WAPA assign its BR Percentage under BR
02332 to NCPA under NCPA’s BR Contract 21 -SNR-02 661 (BR 02661 ).
2.2 NCPA is agreeable to taking responsibility for Ukiah ’s 0 .33893 percentage of BR.
2.3 As of the effective d ate, NCPA assumes all the rights, duties, and obligations
associated with receiving Ukiah ’s BR Percentage under BR 0 2 661.
2.4 Ukiah and NCPA shall jointly and separately indemnify and hold WAPA
harmless from and against all claims, damages, losses, and expenses, including
attorney’s fees, arising out of or resulting from this Assignment.
2.5 Ukiah and NCPA agree that either Ukiah or NCPA may unilaterally submit a
90-day written notice to WAPA to terminate this Assignment. Termination shall
become effective on the first day of the month following the 90-day period. On
the effective date of the termination, this Assignment to NCPA shall terminate
and the BR Percentage shall revert to Ukiah . NCPA shall hold WAPA harmless
from any and all claims, damages, losses, and expenses, including attorney’s fees,
arising out of or resulting from issuing a notice to terminate or termination of this
Assignment.
2.6 Th is Assignment shall remain in effect until the earlier of: (a) December 31, 2054;
or (b) until it is terminated pursuant to Section 2.5 above.
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COU NO. 2122-224
Assignment 2 1-SNR-0264 5
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3. REDUCTION OF UKIAH’S BR PERCENTAGE OR TERMINATION OF UKIAH’S
BR 02332:
Section 4.2 of BR 02332 allows for Ukiah to reduce its BR Percentage or terminate BR
0 2332 for any reason through June 30, 2024. Section 12.4 of BR 02332 also allows for
Ukiah to reduce its BR Percentage or terminate BR 02332 within ninety (90) days after
the Rate Effective Date of a Rate Schedule or Rate Schedule extension.
3.1 Should WAPA receive a request from Ukiah to reduce its BR Percentage, the BR
Percentage assigned to NCPA shall be reduced in NCPA’s BR 02 661 on the
effective date of the reduced BR Percentage.
3.2 Should WAPA receive a request from Ukiah to terminate Ukiah’s BR 02332,
Ukiah ’s assigned BR Percentage shall be returned to WAPA for reallocation on
the effective date of the termination of Ukiah’s BR 0 2332 .
4 . EXECUTION BY COUNTERPARTS:
This Assignment may be executed in any number of counterparts and, upon execution
and delivery by each Party, the executed and delivered counterparts together shall have
the same force and effect as an original instrument as if all Parties had signed the same
instrument. Any signature page of this Assignment may be detached by any counterpart
of this Assignment without impairing the legal effect of any signatures thereon and may
be attached to another counterpart of this identical in form hereto, by having attached to it
one or more signature pages.
5 . ELECTRONIC SIGNATURES:
The Parties agree that this Assignment may be executed by handwritten signature or
digitally signed using Adobe Sign, Adobe E-Signature, or DocuSign. An electronic or
digital signature is the same as a handwritten signature and shall be considered valid and
acceptable.
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Assignment 21-SNR-0264 5
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6 . AGREEMENT:
All parties to this Assignment agree that it will become effective on the first day of the
first month following the date of approval by WAPA’s Administrator or a later date if
agreed to by WAPA and Ukiah .
CITY OF UKIAH
By:
Name: Sage Sangiacomo
Attest: Title: City Manager
By: Address:
Name:
Date: Date:
NORTHERN CALIFORNIA POWER AGENCY
By:
Name:
Attest: Title:
By: Address:
Name:
Date: Date:
The above Assignment of the BR Percentage from Ukiah to NCPA under BR 02 661 is hereby
approved.
Date: By:
Tracey A. LeBeau
Administrator and Chief Executive Officer
Western Area Power Administration
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Kristine Lawler, City Clerk
May 6, 2022
Kristine Lawler (May 6, 2022 15:26 PDT)
Kristine Lawler
May 6, 2022