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Resolution 14444CITY OF ALAMEDA RESOLUTION NO. RATIFYING THE PUBLIC UTILITY BOARD'S APPROVAL OF THE TERMINATION OF THE NATURAL GAS PROCUREMENT PROGRAM THIRD PHASE AGREEMENT AND AUTHORIZING THE GENERAL MANAGER OF ALAMEDA MUNICIPAL POWER TO EXECUTE THE TERMINATION OF THE AGREEMENT WHEREAS, on or about November 6, 1991 the Northern California Power Agency (NCPA) and certain NCPA members consisting of Alameda, Lodi, Lompoc, Palo Alto and the Turlock Irrigation District entered into the Natural Gas Procurement Program (NGPP) Third Phase Agreement authorizing NCPA to contract for the transportation, storage and supply of natural gas as fuel to the NCPA Combustion Turbine Project No. 1 (CT1) and for the needs of NCPA members; and WHEREAS, on or about September 15, 1993 the entitlements and obligations of participants in CT1 under the Natural Gas Procurement Program were transferred to the participants in CT2; and WHEREAS, under the NGPP Third Phase Agreement forward purchases of gas by individual members to fix fuel costs are not permitted; and WHEREAS, under the NGPP Third Phase Agreement the NCPA Commission must approve natural gas purchases above $1 5,000, which reflects gas prices from 1991 and is too low of a threshold in today's market; and WHEREAS, the Turlock Irrigation District, an original signatory, wishes to terminate its involvement in the NGPP Third Phase Agreement; and WHEREAS, Palo Alto, an original signatory, was permitted to terminate its participation in the NGPP Third Phase Agreement in 1993 by adoption of a resolution without amendment to the NGPP; and WHEREAS, given these restrictions and in recognition of the fact that the NGPP Third Phase Agreement does not reflect current gas procurement practices, NCPA desires to formally terminate the NGPP Third Phase Agreement; and WHEREAS, concurrent with the termination of the NGPP Third Phase Agreement, NCPA seeks to establish new Schedules as attachments to the Facilities Agreement by which NCPA intends to contract for the transportation, storage and supply of natural gas as fuel to CTI and CT2, as well as such other NCPA Projects which may hereafter require natural gas; and WHEREAS, upon the termination of the NGPF) Third Phase Agreement by all the participants and formal approval by the NCPA Commission, Facilities Agreement Schedules 9.01 and 9.05 will become effective to allow NCPA to secure needed fuel and transportation rights; and WHEREAS, at its May 17, 2010 meeting, the Public Utilities Board approved the termination of the Natural Gas Procurement Program Third Phase Agreement and recommended that the City Council authorize the General Manager of AMP to execute the termination of the agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: I. The Council ratifies the Public Utilities Board's approval of the termination of the Natural Gas Procurement Program Third Phase Agreement. 2. The General Manager of Alameda Municipal Power is authorized to execute the termination without material change. 1, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda during the Regular Meeting of the City Council on the 18th day of May, 2010, by the following vote to wit: AYES: Councitmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 19th day of May, 2010. Lara Weisiger, City City of Alameda