CONTACT: Brian Young Ron Lunt (623) (623)

Similar documents
Southern California Edison Company Tariff Title: Rate Schedules Tariff Record Title: Rate Schedule FERC No. 304 FERC FPA Electric Tariff United States

CONTACT: Marie Pearthree Dennis Rule (623) (623)

LOWER BASIN DROUGHT CONTINGENCY PLAN AGREEMENT. This LOWER BASIN DROUGHT CONTINGENCY PLAN AGREEMENT ( LB DCP Agreement ) is

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION AND THE STATE OF NEVADA ROBERT B. GRIFFITH WATER PROJECT ASSIGNMENT AGREEMENT FOR

LINKAGE TO STRATEGIC PLAN, POLICY, STATUTE OR GUIDING PRINCIPLE:

Report on, Discussion and Consideration of Action for Domestic Agreements Necessary to Implement Minute 323 of the 1944 Mexican Water Treaty

EXHIBIT 21 U-7 Page 263 FIRST AMENDMENT TO GROUND LEASE THIS FIRST AMENDMENT TO GROUND LEASE ( First Amendment ) is made as of the day of January, 201

AGREEMENT FOR LIMITED INTERCONNECTION OF SOUTHERN CALIFORNIA EDISON COMPANY-220 KV SWITCHYARD TO THE ELDORADO SYSTEM FOR AN INTERIM PERIOD AMONG

CENTRAL ARIZONA WATER CONSERVATION DISTRICT CENTRAL ARIZONA GROUNDWATER REPLENISHMENT DISTRICT P.O. Box PHOENIX, ARIZONA


AMENDMENT NO. 6 TO THE FORBEARANCE AGREEMENT

UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION BOULDER CANYON PROJECT

DELIVERY AND EXCHANGE AGREEMENT BETWEEN METROPOLITAN AND COACHELLA FOR 35,000 ACRE-FEET RECITALS

FIRST AMENDMENT TO LEASE AND AGREEMENT Dated as of May 15, by and between. CAMPBELL COUNTY RECREATION PROJECT JOINT POWERS BOARD as Lessor.

FUSION TELECOMMUNICATIONS INTERNATIONAL, INC. (Exact name of registrant as specified in its charter)

AGENCY: Western Area Power Administration (Western), DOE. SUMMARY: This action is to extend the existing Falcon and Amistad Projects Firm Power

RESTRICTIVE COVENANT AND AGREEMENT (Employee Housing)

ARLINGTON COUNTY, VIRGINIA. County Board Agenda Item Meeting of September 16, 2017

FOURTH SUPPLEMENTAL INDENTURE

PROPOSED HOUSE OF REPRESENTATIVES AMENDMENTS TO _.B. (Reference to printed bill) "Section 1. Section , Arizona Revised Statutes, is amended to

May 6, Ms. Kimberly D. Bose, Secretary Federal Energy Regulatory Commission 888 First Street, N.E. Washington, DC Dear Ms.

REMINGTON OUTDOOR COMPANY, INC. (Exact name of company as specified in its charter)

ARLINGTON COUNTY, VIRGINIA

HILLSBOROUGH COUNTY AVIATION AUTHORITY AMENDMENT NO. 3 TO LEASE AGREEMENT EXHIBIT A TAMPA INTERNATIONAL AIRPORT UNITED STATES POSTAL SERVICE

Return recorded copy to: PLAT REL Plat Book, Page

AMENDMENT NO. 14 TO THE FORBEARANCE AGREEMENT

RECITALS. B. The System includes devices attached to home appliances that limit electricity use at the Residence.

BEFORE THE BOARD OF SUPERVISORS OF MARICOPA COUNTY

COMCAST CORPORATION (Exact name of registrant as specified in its charter) COMCAST CABLE COMMUNICATIONS, LLC NBCUNIVERSAL MEDIA, LLC

REGULAR MEETING OF THE BOARD OF DIRECTORS October 1, 2015

INTERLOCAL AGREEMENT FOR PROVIDING FIRST RESPONDER SERVICES

REGULAR MEETING OF THE BOARD OF DIRECTORS October 3, 2013

AGREEMENT FOR WATER/SEWER SERVICE EXTENSION AND PETITION/CONSENT FOR ANNEXATION

WATER PROVISION AGREEMENT

New Mexico State Land Office Oil, Gas, & Minerals Division Revised Feb. 2013

CONTRIBUTION AGREEMENT

INTERLOCAL AGREEMENT BETWEEN THE MILLCREEK COMMUNITY REINVESTMENT AGENCY AND BOARD OF EDUCATION OF GRANITE SCHOOL DISTRICT RECITALS

CAPACITY RIGHTS AGREEMENT

FIRST AMENDMENT TO THE ANTELOPE BIG SKY RANCH SOLAR PROJECT POWER SALES AGREEMENT BETWEEN SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY AND

AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SEVEN LAKES SUBDIVISION

JOINT EXERCISE OF POWERS AGREEMENT. by and among THE CASITAS MUNICIPAL WATER DISTRICT THE CITY OF SAN BUENAVENTURA THE COUNTY OF VENTURA

A Practitioner s Guide to Instream Flow Transactions in California

DEVELOPMENT AGREEMENT (CAR )

SHAREHOLDER APPROVAL RIGHTS AGREEMENT. dated October 2, between PATTERN ENERGY GROUP INC. and PATTERN ENERGY GROUP LP

COMMUNITIZATION AGREEMENT

HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (<insert name of development>)

THIRD AMENDMENT TO AGREEMENT. Between BROWARD COUNTY. And BROWARD COUNTY PROPERTY APPRAISER. And BROWARD COUNTY SHERIFF. And SUPERVISOR OF ELECTIONS

FINANCIAL WARRANTY CORPORATE SURETY

SAN JUAN RIVER BASIN IN NEW MEXICO NAVAJO NATION WATER RIGHTS SETTLEMENT AGREEMENT

REVISED CODE LIEN WAIVER AGREEMENT R E C I T A L S

IN-LIEU OF PARKING FEE PAYMENT AGREEMENT

CONFIRMING SECURED CoPACE PROMISSORY NOTE

ATTACHMENET 1 FOURTH AMENDED AND RESTATED SITES PROJECT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT

FIRST INDEMNITY OF AMERICA INSURANCE COMPANY INDEMNITY AGREEMENT

UNITED STATES SECURITIES AND EXCHANGE COMMISSION. Washington, D.C FORM 8-K

CONTRACT STATE OF SOUTH CAROLINA COUNTY OF GEORGETOWN

Parcel ID Number(s): PROPORTIONATE SHARE AGREEMENT FOR <PROJECT NAME> <NAME OF ROADWAY>

FEDERATED NATIONAL HOLDING COMPANY (Exact name of registrant as specified in its charter)

II. D. 2 12/3/2018 (F&A)

Merchant Participation Agreement

Oil, Gas, & Minerals Division

AMENDMENT NUMBER 3 TO MASTER SERVICES AGREEMENT

AMENDMENT NO. 1 TO OPERATING AGREEMENT FOR GROUND HANDLERS (LIMITED SERVICE) BY AND BETWEEN HILLSBOROUGH COUNTY AVIATION AUTHORITY

EXTRA-MURAL PROGRAM SERVICES AGREEMENT. THIS AGREEMENT is effective as of the 1 st of January 2018.

SECURITY SHARING AGREEMENT. THIS SECURITY SHARING AGREEMENT (this Agreement) is made as of June 25, 2014.

INTERLOCAL BOUNDARY AND ETJ AGREEMENT

ORDINANCE NUMBER 67-O-12

FIRST AMENDMENT TO AMENDED AND RESTATED CREDIT AGREEMENT

TRADEMARK AND LOGO LICENSE AGREEMENT

MARKET PARTICIPANT SERVICE AGREEMENT. This MARKET PARTICIPANT SERVICE AGREEMENT is dated this day of, 2013 and is entered into by and between:

Board of County Commissioners Ron Peters, Chairman Karen Keith Michael Craddock. DATE: August 17, 2018

PRO FORMA MEMORANDUM OF DEDICATION AGREEMENT

AHEAD Program Agreement

Land Trust Agreement. Certification and Explanation. Schedule of Beneficial Interests

CAPACITY MARKET FRAMEWORK AGREEMENT

CITY OF ROHNERT PARK COUNCIL AGENDA ITEM TRANSMITTAL REPORT. Meeting Date: May 10, Public Works and Community Services

CORPORATE TRUST LIMITED (AS NEW TRUSTEE) THAMES-COROMANDEL DISTRICT COUNCIL (THE COUNCIL)

INTERLOCAL AGREEMENT BETWEEN CITY OF KANNAPOLIS, NORTH CAROLINA AND ROWAN COUNTY, NORTH CAROLINA. Dated as of November, 2018

AMERICAN WORK

SECURITY AGREEMENT. NOW, THEREFORE, the Debtor and the Secured Party, intending to be legally bound, hereby agree as follows:

SAMPLE SERVICING AGREEMENT

ASSIGNMENT AND REVENUE SHARING AGREEMENT

Oil, Gas, & Minerals Division Revised March 2017 COMMUNITIZATION AGREEMENT

EXHIBIT H Strategic Partnership Agreement

AMENDMENT NO. 1 TO OPERATING AGREEMENT FOR GROUND HANDLERS (LIMITED SERVICE) BY AND BETWEEN HILLSBOROUGH COUNTY AVIATION AUTHORITY

FILL DIRT PLACEMENT, GRADING AND COMPACTION AGREEMENT

OMNIBUS AGREEMENT BY AND AMONG WESTERN GAS EQUITY PARTNERS, LP WESTERN GAS EQUITY HOLDINGS, LLC AND ANADARKO PETROLEUM CORPORATION

AN ORDINANCE AFFIRMING ADOPTION OF A DEVELOPMENT PLAN, DEVELOPMENT AREA, AND DEVELOPMENT PROJECT UNDER THE AUTHORITY OF

RUSSELL VOLUNTEER FIRE DEPARTMENT AND TOWN OF RUSSELL AGREEMENT

Potential Investment Agreement. Dated as of, 2017

AMENDMENT NUMBER ELEVEN TO CONTRACT Z BETWEEN THE COUNTY OF ORANGE AND RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT

AMENDMENT TO INTERLOCAL AGREEMENT ESTABLISHING THE FLORIDA E-FILING AUTHORITY RECITALS

AGREEMENT BETWEEN HARRIS COUNTY AND Harris County Municipal Utility District No. 55, RELATING TO JOINT ELECTIONS TO BE HELD MAY 4, 2019

AMENDMENT NO. 1 TO THE AGREEMENT AND PLAN OF MERGER BY AND BETWEEN THE BEAR STEARNS COMPANIES INC. AND JPMORGAN CHASE & CO. Dated as of March 24, 2008

ADOPTED: Y/&/ / 1 RESOLUTION APPROVING THE EMERGENCY BACKUP WATER SUPPLY AGREEMENT BETWEEN THE CITY OF FLINT AND THE COUNTY OF GENESEE

Public Policy Agenda Number 4. Attachment 1. Federal Legislative Update. Federal Update. Public Policy Committee October 5, 2017

FIRST AMENDMENT TO UNIVERSITY CARD ROYALTY AGREEMENT

ORDINANCE NO

RESOLUTION NO APPROVAL OF THE FIFTH AMENDMENT TO INTERMOUNTAIN POWER AGENCY ORGANIZATION AGREEMENT

CONSTRUCTION GUARANTEE AGREEMENT

Transcription:

CONTACT: Brian Young Ron Lunt (623) 869-2424 (623) 869-2362 byoung@cap-az.com rlunt@cap-az.com MEETING DATE: September 7, 2017 Agenda Number 6.f AGENDA ITEM: Consideration of Action to Approve Amendment No. 1 to the Agreement for the Administration of the U.S. Entitlement in the Navajo Project among the Bureau of Reclamation, Western Area Power Administration and CAWCD RECOMMENDATION: Staff recommends that the Board of Directors approve Amendment No.1 to the Agreement for the Administration of the U.S. Entitlement in the Navajo Project among the Bureau of Reclamation (Reclamation), Western Area Power Administration (WAPA) and CAWCD (Navajo 3-Party Agreement) to extend the term through December 31, 2019. FINANCIAL IMPLICATIONS: None Additional budget spending authority requested: $0 LINKAGE TO STRATEGIC PLAN, POLICY, STATUTE OR GUIDING PRINCIPLE: 2016 CAWCD Strategic Plan o Project Reliability: Effectively Operate and Maintain CAP Assets PREVIOUS BOARD ACTION/ACTIVITY: September 15, 2011 Board approved the Agreement for the Administration of the U.S. Entitlement in the Navajo Project among the Bureau of Reclamation, Western Area Power Administration and CAWCD, and authorized the General Manager, or his Designee, to execute the Agreement. ISSUE SUMMARY/DESCRIPTION: The Navajo 3-Party Agreement was entered into in 2011 to define the roles and responsibilities of the Parties as the Amended Navajo Marketing Plan period commenced on October 1, 2011. These roles and responsibilities included scheduling of and payment for Navajo energy, marketing of Navajo surplus power, and other operational and administrative changes stemming from the coinciding move from Salt River Project balancing area to the WAPA balancing area.

The Navajo 3-Party Agreement is set to expire on December 31, 2017. Navajo Generation Station will continue to operate until December 23, 2019 under a lease extension which will require an extension of the Navajo 3-Party Agreement. Staff from all Parties have reviewed the agreement and recommend extension of the term through December 31, 2019 without any other modifications. The Parties have revised all of the Operating Procedures under the Navajo 3-Party Agreement over a period of about 2 years. Any modifications that staff would otherwise have recommended have been made through these revisions to the Operating Procedures. SUGGESTED MOTION: I move that the Board of Directors approve Amendment No. 1 to the Agreement for the Administration of the U.S. Entitlement in the Navajo Project among the Bureau of Reclamation, Western Area Power Administration, and Central Arizona Water Conservation District, and authorize the General Manager, or his Designee, to execute the agreement in substantially the form in which it was presented today. Attachment.

Agenda Number 6.f. Attachment. United States Department of Energy WESTERN AREA POWER ADMINISTRATION Desert Southwest Regional Office CONTRACT AMENDMENT NO. 1 TO WESTERN CONTRACT NO. 11-DSR-12296 RECLAMATION CONTRACT NO. 1-CU-30-P1212 AMONG DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Region DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA WATER CONSERVATION DISTRICT FOR ADMINISTRATION OF THE U.S. ENTITLEMENT IN THE NAVAJO PROJECT

AMENDMENT NO. 1 TO WESTERN CONTRACT NO. 11-DSR-12296 RECLAMATION CONTRACT NO. 1-CU-30-P1212 AMONG DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Region DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA WATER CONSERVATION DISTRICT FOR ADMINISTRATION OF THE U.S. ENTITLEMENT IN THE NAVAJO PROJECT TABLE OF CONTENTS Section Title Page No. 1 Preamble... 1 2 Explanatory Recitals... 2 3 Agreement... 3 4 Definitions... 3 5 Modification of Section 5 of the Original Contract (Term)... 3 6 Term of Contract Amendment... 4 7 Original Contract to Remain in Effect... 4 8 Execution By Counterparts... 4 9 Authority to Execute... 4 Signature Clause... 5 i

AMENDMENT NO. 1 TO WESTERN CONTRACT NO. 11-DSR-12296 RECLAMATION CONTRACT NO. 1-CU-30-P1212 AMONG DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION Desert Southwest Region DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION CENTRAL ARIZONA WATER CONSERVATION DISTRICT FOR ADMINISTRATION OF THE U.S. ENTITLEMENT IN THE NAVAJO PROJECT 1. PREAMBLE: This Contract Amendment (Amendment) is made this day of, 2017, pursuant to the Acts of Congress approved June 17, 1902 (32 Stat. 388); August 4, 1939 (53 Stat. 1187); September 30, 1968 (82 Stat. 885); August 4, 1977 (91 Stat. 565); August 17, 1984 (98 Stat. 1333); December 10, 2004 (118 Stat. 3478); and Acts amendatory or supplementary to the foregoing Acts, between the OF AMERICA, (i) acting by and through the Administrator, Western Area Power Administration, Department of Energy, hereinafter called Western, represented by the officer executing this Amendment or a duly appointed successor, and (ii) acting by and through the Commissioner, Bureau of Reclamation, Department of the 1

Interior, hereinafter called Reclamation, represented by the Regional Director, Lower Colorado Region, represented by the officer executing this Amendment or a duly appointed successor, and the Central Arizona Water Conservation District, hereinafter called CAWCD, acting through the officer executing this Amendment or a duly appointed successor; as part of Western Contract No. 11-DSR-12296 (Reclamation Contract No. 1-CU-30-P1212) (Original Contract), dated September 30, 2011, pursuant to the same authorities as the Original Contract, and subject to all the provisions of the Original Contract except as herein amended. Western, Reclamation, and CAWCD are each sometimes individually called Party and sometimes collectively called Parties. 2. EXPLANATORY RECITALS: 2.1 The Central Arizona Project (CAP) is a federal Reclamation project authorized under the Colorado River Basin Project Act of 1968, 82 Stat. 885. 2.2 Reclamation holds a 24.3% beneficial ownership interest in the Navajo Generating Station (NGS) and the power generated by it for the benefit of the CAP. Reclamation is responsible under the Amended Plan, in consultation with CAWCD, for determining the Navajo Surplus available for sale and exchange by Western. 2.3 On October 1, 2011, Reclamation, Western, and CAWCD entered into the Original Contract relating to: 1) the reservation of Navajo Reserved Energy to CAWCD; 2) CAWCD s use of Navajo Reserved Energy; and 3) the determination of Navajo Surplus to be marketed or exchanged by Western in accordance with the Amended Plan. 2.4 The Parties now desire to amend the Original Contract by extending the 2

expiration date in Section 5 of the Original Contract (Term) as herein agreed. 3. AGREEMENT: The Parties agree to the terms and conditions set forth herein. 4. DEFINITIONS: The following terms, whether in the singular or the plural, when used in this Amendment, shall have the meanings specified: 4.1 Amended Navajo Power Marketing Plan (Amended Plan) The plan for the marketing and exchanging of Navajo Surplus adopted September 18, 2007, in accordance with the Hoover Power Plant Act of 1984 (98 Stat. 1333). 4.2 Navajo Entitlement The entitlement of the United States to 24.3% of the power generation from NGS. 4.3 Navajo Reserved Energy The energy associated with the Navajo Entitlement that is reserved annually by CAWCD, in accordance with the Original Contract, for the energy required to serve the CAP pumping plants, water control structures, substations, transmission lines, and other physical properties listed in Exhibit A of the Original Contract. 4.4 Navajo Surplus The capacity and energy associated with the Navajo Entitlement that is in excess of the pumping requirements of the CAP and any needs for desalting and protective pumping facilities under Section 101(b)(2)(B) of the Colorado Basin Salinity Control Act of 1974, Pub. L. 93-320, as amended. 5. MODIFICATION OF SECTION 5 OF THE ORIGINAL CONTRACT (TERM): Section 5 of the Original Contract is hereby deleted in its entirety and the following substituted therefore: 5. This Contract became effective on October 1, 2011, and shall remain in effect until December 31, 2019, unless Reclamation, Western, or CAWCD provides notice of 3

termination by giving the other Parties no less than one (1) year s prior written notice of such termination. 6. TERM OF CONTRACT AMENDMENT: This Amendment shall become effective upon execution and shall remain in effect and terminate concurrently with the Original Contract as amended herein. 7. ORIGINAL CONTRACT TO REMAIN IN EFFECT: Except as expressly modified by this Amendment, the Original Contract shall remain in force and effect, and this Amendment shall be subject to all terms of the Original Contract. 8. EXECUTION BY COUNTERPARTS: This Amendment may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Amendment may be detached by any counterpart of this Amendment without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Amendment identical in form hereto, by having attached to it one or more signature pages. 9. AUTHORITY TO EXECUTE: Each individual signing this Amendment certifies that the Party represented has duly authorized such individual to execute this Amendment that binds and obligates the Party. 4

The Parties have caused this Amendment No. 1 to Western Contract No. 11-DSR-12296 (Reclamation Contract No. 1-CU-30-P1212) to be effective in accordance with Section 5, herein. DEPARTMENT OF ENERGY WESTERN AREA POWER ADMINISTRATION By Title Address Ronald E. Moulton Senior Vice President and Desert Southwest Regional Manager Desert Southwest Region P.O. Box 6457 Phoenix, AZ 85005-6457 DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION By Title Address Terrance J. Fulp, Ph.D. Regional Director Bureau of Reclamation Lower Colorado Region P.O. Box 61470 Boulder City, NV 89006-1470 (SEAL) CENTRAL ARIZONA WATER CONSERVATION DISTRICT Attest: By Theodore C. Cooke By Title General Manager Title Address P.O. Box 43020 Phoenix, AZ 85080-3020 5