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Resolution 14335CITY OF ALAMEDA RESOLUTION NO. 14335 APPROVING AMENDMENT NO. 1 TO THE LONG-TERM POWER PURCHASE AGREEMENT BETWEEN IBERDROLA RENEWABLES, INC. AND ALAMEDA MUNICIPAL POWER WHEREAS, Alameda Municipal Power (AMP) entered into a long-term power purchase agreement (PPA) with Iberdrola Renewables, Inc. (Iberdrola), dated as of December 14, 2004, for the purchase of renewable energy produced by wind turbines at the High Winds facility located in Solano County, California; 0 and WHEREAS, the term ofthe PPA is for a period beginning January 1, 2005 through June 30, 2028; and WHEREAS, on April 1, 2009, the California Independent System Operator (CAISO) implemented a comprehensive restructuring of the wholesale electricity market in the state, referred to as the Market Redesign and Technology Upgrade (MRTU) initiative; and VVHEREAS, implementation of MRTU changes the manner by which bilateral power purchase agreements, such as AMP's High Winds PPA, are scheduled and financially settled in the CAISO balancing authority area; and WHEREAS, as a result of MRTU, load serving entities that purchase power through PPAs can incur two separate charges: (i) a Day Ahead energy charge for the purchase of energy to serve load from the CAISO's Day Ahead Market, and (ii) the PPA contract rate that is due to the seller of the PPA energy; and VVHEREAS, in order to mitigate this cost exposure to buyers/load serving entities, the CAISO has created a settlement mechanism for bilateral power transactions referred to as Inter-SC Trades; and WHEREAS, among other things, the use of Inter-SC Trades will result in a credit to AMP from the CAISO that will correct for the double charges that can be incurred by buyers/load serving entities arising from bilateral transactions scheduled in CAISO administered markets; and WHEREAS, in order to bring the High Winds PPA into conformance with MRTU's resource scheduling protocols and to require the use of Inter-SC Trades by Iberdrola and the Northern California Power Agency (NCPA), AMP's scheduling agent, an Amendment to the PPA is needed to reflect these new market features; and WHEREAS, in anticipation of the April 1, 2009 implementation date of MRTU, staff from AMP and Iberdrola worked together to negotiate Amendment No. 1 language; and WHEREAS, staff from AMP and Iberdrola were not able to finalize negotiations for the Amendment in time to secure necessary approvals from the Public Utilities Board and City Council prior to the fixed implementation date of MRTU; and WHEREAS, AMP and Iberdrola entered into a letter agreement dated March 26, 2009, providing for the use of the resource scheduling and settlement protocols contained in Amendment No. 1 on an interim only basis until the earlier of July 29, 2009 or the effective date of an approved Amendment; and WHEREAS, Amendment No. 1 is both beneficial to Alameda by reducing AMP's cost exposure under the CAISO's MRTU framework and necessary in order to bring the resource scheduling protocols for the High Winds PPA into conformance with MRTU; and WHEREAS, the Alameda Public Utilities Board has reviewed and approved the amendment and recommends that the City Council ratify its action as required by City Charter Section 12-2(A). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda that: The Council ratifies the action of the Public Utilities Board approving Amendment No. 1 to the Long-Term Power Purchase Agreement between lberdrola Renewables, Inc. and Alameda Municipal Power, 2. The General Manager of Alameda Municipal Power is authorized to execute the agreement without material change. I, 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 19th day of May, 2009, by the following vote to wit: AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 20th day of May, 2009. Lara Weisiger, Ci C City of Alameda