07/14/2009 Resolutions 2009-165RESOLUTION 2009-165
WHEREAS, in 2008, the federally issued Clean Air Mercury Rule (CAMR) capped
mercury emissions of all of the nation's power plants by mandating states to implement plans to meet a
specified national budget limit of emissions; and
WHEREAS, the City was required by this rule to reduce the annual mercury emissions
from the Platte Generating Station in 2010 and make further reductions in 2018; and
WHEREAS; the City authorized Black & Veatch to perform engineering and consulting
services regarding this mercury rule, and it was their recommendation to add mercury control equipment to
Platte Generating Station; and
WHEREAS, the City of Grand Island, Utilities Department awarded the bid for the
purchase of the required mercury control equipment at the January 22, 2008 Council meeting to SPE-
Amerex ofBatavia, Illinois for $6,262,839.00; and
WHEREAS, two months later, in March, 2008, the Federal District of Columbia Circuit
Court of Appeals vacated the CAMR, voiding the previously promulgated regulatory action; and the
contract for purchase of the previously required mercury control equipment was placed on hold; and
WHEREAS, no replacement regulation has been developed, and there are no indications
that the EPA is focused on working on a revised regulation and;
WHEREAS, Utilities Department staff, representatives from Black & Veatch and
representatives from SPE Amerex met to discuss methods to cancel the project, and mutually agreed that
cancellation is an appropriate course of action pursuant to Article 00512.18 of the original contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA that the Mayor is hereby authorized to, on behalf of the City, to
terminate the contract with SPE-Amerex of Batavia, Illinois, for the PGS Mercury Control System with no
further liability with respect to claims for reimbursement from SPE-Amerex.
Adopted by the City Council of the City of Grand Island, Nebraska, July 14, 2009.
Margaret ornady, Mayor
Attest:
RaNae Edwards, City Clerk
Approved as to Form ^ ' '' ~J
July 13, 2009 d City Attorney