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11/13/2007 Resolutions 2007-293RESOLUTION 2007-293 A RESOLUTION TO ENTER A SETTLEMENT AGREEMENT WITH NORTHWESTERN CORPORATION PURSUANT TO NEBRASKA REVISED STATUTE SECTION 66-1838 WITH RESPECT TO NORTHWESTERN' S APPLICATION FOR NATURAL GAS RATE ADJUSTMENT. WHEREAS, on June 1, 2007, Northwestern Corporation, doing business as Northwestern Energy ("Northwestern"), filed an Application for a Natural Gas Rate Adjustment ("Application") with the Nebraska Public Service Commission ("PSC") seeking an additional $2,813,794 in rate recovery; WHEREAS, Section 66-1838 of the Nebraska Revised Statutes authorizes jurisdictional utilities such as Northwestern to negotiate directly with affected municipalities such as the City with respect to a proposed general rate change provided, among other things, municipalities representing more than fifty percent (50%) of the ratepayers within the affected municipalities adopt resolutions evidencing their intent to negotiate with the jurisdictional utility; WHEREAS, on July 17, 2007, the City adopted a resolution to negotiate directly with Northwestern as permitted by NEB.REV.STaT. §66-1838; WHEREAS, affected municipalities representing more than fifty (50%) of NorthWestern's ratepayers in Nebraska entered resolutions evidencing their intent to negotiate with Northwestern; WHEREAS, pursuant to NEB.REV.STAT. §66-1838, Northwestern and affected municipalities entered into good faith negotiations regarding NorthWestern's Application; WHEREAS, pursuant to NEB.REV.STaT. §66-1838(13), if the affected municipalities and Northwestern reach agreement upon new natural gas rates, such agreement must be reduced to writing and filed with the PSC; WHEREAS, Northwestern and the affected municipalities have reached agreement upon new natural gas rates for Northwestern in Nebraska that provides Northwestern with an additional $1,700,000 in rate recovery, subject to the resolution of three minor outstanding issues including, but not limited to, determination of the appropriate depreciation schedules; and WHEREAS, the settlement between Northwestern and the affected municipalities is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that: 1. The Mayor is hereby authorized to, on behalf of the City, execute the required settlement agreement for new natural gas rates for Northwestern in accordance with the terms and conditions generally described above and as agreed upon by Northwestern and the affected municipalities; and Approved as to Form November 13, 2007 a City Attorney 2. The City Attorney is hereby authorized and directed to take such appropriate action as necessary to effectuate the settlement with Northwestern and work cooperatively with Northwestern and the affected municipalities to obtain the necessary approvals from the PSC. Adopted by the City Council of the City of Grand Island, Nebraska, November 13, 2007. Margare ornady, Mayor Attest: RaNae Edwards, City Clerk 1 [1 -2-