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09/11/2018 Resolutions 2018-266� I RESOLUTION 2018-266 WHEREAS, At the 1VIay 22, 2012 meeting, Council approved a Marketing Agreement with Tenaska to provide a means for the Utilities Department to buy and sell power through the regional Southwest Power Pool (SPP) market; and WHEREAS, recently SPP implemented changes to the capacity requirements for each entity that participates in the market including the ability to impose financial penalties for being under the required capacity threshold; and WHEREAS, because these penalties are calculated on a per-entity basis, Tenaska needed to develop a method to ensure the penalties are properly assessed to the entity generating below the capacity threshold; and WHEREAS, Tenaska recommends an amendment to the original Marketing Agreement to transfer capacity related obligations including any penalties to the City of Grand Island's Market Participation registration and this ensures the City is treated fairly when it come to capacity requirements; and WHEREAS, the Legal Department has reviewed and approved the Amendment between the City of Grand Utilities Department and Tenaska. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment # 1 to the Marketing Agreement with Tenaska is approved, and the Mayor is hereby authorized to sign the agreement on behalf of the City of Grand Island. Adopted by the City Council of the City of Grand Island, Nebraska, September 1 l, 2018. Attest: 0.���1. RaNae Edwards, City Clerk Je emy . J en, ayor Approved as to Form � September 10, 2018 x Cit� ttorney