I Category: Timed Agenda Item - 10:OO a.m. -

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1 NYE COUNTY AGENDA INFORMATION FORM Action Presentation Presentation & Action Department: Nye County Clerk I Category: Timed Agenda Item - 10:OO a.m. - Contact: Edgar Patino, Phone: office Continued from meeting of: Government Affairs cell Public Hearing set at 12/5/06 BOCC Meeting 11 Return to: Susan Wharff I Location: TonopahIClerk's Office I Phone : Action requested: (Include what, with whom, when, where, why, how much ($) and terms) II Public hearing, discussion, deliberation and possible decision concerning a request for approval of an Application and Franchise Agreement for a term of 25 years with The Nevada Power Company. II Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Action -The current Franchise Agreement expired in May 2006 and was for a term of 25 years. The Nevada Power facilities in Nye County are currently comprised of a 138 kv transmission line from the Northwest substation in Clark County to the Mercury substation and then on to Jackass Flats. The payments for the last two years have been approximately $7,500 and were transferred to the the Nye County School District per the Nevada Revised Statutes. Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. I Expenditure Impact by FY(s): (Provide detail on Financial Form) No financial impact 1 I. Dept HR 8. Legal 9. Finance / , l I Board of County Commissioners Action ' 3 I Clerk of the Board 11 1 ITEM #- I I1

2 NOTICE OF PUBLIC HEARING APPLICATION FOR FRANCHISE NOTICE IS HEREBY GIVEN an Application for Franchise has been made to the Nye County Board of County Commissioners by NEVADA POWER COMPANY, a Nevada corporation. The Nevada Power Company is applying for an extension of its Franchise to construct, erect, install, operate and mantain an electrical power transmission and distribution system, and all necessary and proper fhcilities, works, properties and appliances used in connection therewith or appurtenant thereto in a portion ofnye County, Nevada. Pursuant to NRS , the Board of County Commissioners of the County of Nye, State of Nevada, will hold a Public Hearing on the aforementioned application, on Tuesday, the 16th day of January, 2007, at the the of 10:OO a.m., or as soon thereafter as the matter may be heard, at the Bob Ruud Community Center, 150 North Highway 160, located in Pahrump, Nevada. All persons who have any objections to the granting of the franchise, right or privilege must file their objections, in writing, with the clerk of the board before the date of the hearing or must appear at the meeting and present their objections at that time. A copy of the application available for public review at the Nye County Clerk's Office located at 101 Radar Road, Tonopah Nevada. DATED this?ith day of December, Susan E. Wh.ar$ Deputy Clerk Sandra L. Merlino, Nye County Clerk and Ex-Officio of the Board Publish: PVT - 12/13/06-12/20/06-12/27/06-1/3/06 Purchase Order # Please Publish on the above listed dates and send an confirmation that you received this request. Thank You / Susan Wharff

3 FRANCHISE THIS FRANCHISE, granted this day of,2007, by the BOARD OF COUNTY COMMISSIONERS of Nye County, State of Nevada, to NEVADA POWER COMPANY, a Nevada corporation. WITNESSETH: WHEREAS, Nevada Power Company, a corporation organized arid existing under and by virtue of the laws of the State of Nevada, and duly qualified and authorized to transact a public utility business within the State of Nevada, on the 21st day of November, 2006, filed with the Board of County Commissioners of Nye County, State of Nevada, a written Application for an extension of its Franchise for itself, its successors and assigns, for the term of twenty-five (25) years, to construct, operate and maintain an electrical power production, supply, transmission and distribution system in the area of Nye County, Nevada authorized by the Public Utilities Commission of the State of Nevada, as amended fiom time to time, all extensions of service within said area to be constructed, operated and maintained, subject to rules and regulations applicable to Nevada Power Company heretofore or hereafter adopted by the Public Utilities Commission of the State of Nevada; and WHEREAS, the County Commissioners of Nye County, State of Nevada, in the exercise of its lavdul powers has determined that it is in the best interest of said designated area of Nye County, State of Nevada, and of the inhabitants that said Application for said Franchise be granted; and WHEREAS, Notice of said Application for extension of Franchise has been published once a week for one week in the Tonopah Times-Bonanza, a newspaper of general circulation

4 published in Nye Comty, State of Nevada, and copies of said Notice have been posted in three public places in Nye County, State of Nevada, NOW, THEREFORE, in consideration of the premises and of the pedormance by Nevada Power Company of the conditions hereinafter set forth, the Board of County Commissioners of Nye County, State of Nevada, hereby gives, grants and sets apart to Nevada Power Company, a Nevada corporation, its successors and assigns, a Franchise for the construction, operation and maintenance of an electrical power production, supply, transmission and distribution system in the hereinafter described portion of Nye County, State of Nevada, for the term and on the conditions hereinafter set forth: Section 1. Nevada Power Company, its successors and assigns, are hereby granted the right, privilege and franchise to construct, erect, install, lay, improve, extend, enlarge, remove, operate and maintain, for residential, commercial, industrial and all other lawful purposes, poles, pipes, mains, conduits, equipment, cabling, conductors, circuits, and communications facilities for the production, supply, transmission, distribution and sale, in the area of Nye County, Nevada authorized by the Public Utilities Commission of the State of Nevada, as amended fiom time to time, operated and maintained, subject to rules and regulations applicable to Nevada Power Company heretofore or hereafter adopted by the Public Utilities Commission of the State of Nevada) and to the inhabitants thereof, electrical power in, over, across and under and along all streets, avenues, alleys and roads in the designated area of Nye County, Nevada, situated within or on the exterior boundaries thereof, to construct, erect, install, lay, improve, extend, enlarge, remove, operate and maintain any and all properties, works, facilities, equipment and appliances necessary or appropriate for the production, supply transmission and distribution of electrical power. Section 2. All pipes, poles, mains, conduits, properties, works, facilities, equipment, appliances, cabling, conductors, circuits, and communications facilities shall be constructed, erected, installed, laid, improved, extended, enlarged, removed, operated and maintained in conformity with law and so as not to interfere unreasonably with the use by the public of the streets, avenues, alleys and roads in the designated area of Nye County, State of Nevada. Section3. Said Franchise shall be for the term of twenty-five (25) years, commencing on,2007. Section 4. The rates charged for electrical power shall be in accordance with rates filed with and approved by the Public Utilities Commission of the State of Nevada. Section 5. Nevada Power Company shall pay to the County Treasurer of Nye County, State of Nevada, annually on the first Monday of July of each year, for the benefit of the

5 school fund of ~~e County, State of Nevada, two percent (2%) of the net profits, if any, made by Nevada Power Company in its operation as a public utility in the County of Nye, State of Nevada, for the preceding calendar year; and said Nevada Power Company shall make, execute and deliver to the County Recorder of Nye County, State of Nevada, within ten (10) days after the granting of the Franchise hereunder, an agreement in writing, properly executed by Nevada Power Company agreeing to the provisions of this Section 5. Section 6. Nevada Power Company shall file annually, on or before the first Monday in March of each year, with the Assessor of Nye County, State of Nevada, an affidavit made by its President and Secretary setting forth the gross receipts and expense, and the net profits, if any, derived from the operation of the Company business as a public utility in Nye County, State of Nevada, for the preceding calendar year. Section 7. All of the rights, privileges and franchises herein granted by the said Board of Nye County Commissioners are specifically made subject to the following reservation: The Board of Nye County Commissioners reserves the right to revoke and cancel the Franchise herein granted, by giving written notice thereof to the Nevada Power Company at least sixty (60) days prior thereto, with said right of revocation and cancellation limited only to those areas included within such Franchise which are not actively and actually being served by the facilities of the Nevada Power Company, and where, in the opinion of the said Board, such revocation and cancellation will serve the best interests of those residents of the County of Nye who are not supplied with electric power facilities by said Company or any other power company. [Signature page follows]

6 IN WITNESS WHEREOF, the Board of County Commissioners of Nye County, State of Nevada, has executed this Franchise the day and year first above written. BOARD OF COUNTY COMMISSIONERS, Nye County, Nevada By: Chair Member Member ATTEST: County Clerk [Signature page follows]

7 NEVADA POWER COMPANY, a Nevada corporation, hereby accepts the above Franchise and hereby agrees to all the terms and conditions thereot including, without limitation, the agreement to pay two percent (2%) of its annual net income from its utility operations in the County of Nye, State of Nevada, at the time and in the manner specified in Section 5, which said Section 5 is hereby referred to and by such reference is hereby made a pat hereof. DATED and executed at Las Vegas, Clark County, Nevada, this day of NEVADA POWER COMPANY, a Nevada Corporation By: