Department of Energy
Western Area Power Administration
Sierra Nevada Region
114 Parkshore Drive
Folsom, CA 95630-4710
Sent V
ia E-Mail
Mr.
Nicolas Procos
General Manager
Alameda Municipal Power
2000 Grand Street
Alameda, CA 94501 -1228
Mr.
Randy S. Howard
General Manager
Northern California Power Agency
651 Commerce Drive
Roseville, CA 95678-6420
Dear Me
ssrs. Procos and Howard:
On Se
ptember 14, 2021 , City of Alameda (Alameda) requested Western Area Power Administration (WAPA) assign its 1.18 210 Base Resource (BR) percentage to the Northern California Power Agency (NCPA). In response to that request, enclosed is Request for Assignment 21-SNR-02638 (Assignment) under which Alameda requests WAPA to assign its BR percentage to NCPA. The Assignment provides for WAPA’s Administrator to assign Alameda’s BR percentage under Alameda ’s BR Contract 20-SNR-02359 to NCPA under NCPA’s BR Contract 21-SNR-02661 (Contract 02661).
If t
he terms and conditions of the Assignment are acceptable, please sign via DocuSign. Once Alameda executes the Assignment, DocuSign will automatically forward the Assignment to NCPA for signature and then return the Assignment to WAPA. We cannot request approval of the Assignment from WAPA’s Administrator until we receive NCPA’s signed Contract 02661 and we countersign it. Once we have the fully executed Contract 02661 and the Assignment, we will forward the Assignment to WAPA’s Administrator for approval. If approved, a fully executed version will be provided to both Alameda and NCPA. If you have any questions, please contact Ms. Sandee Peebles at (916) 353-4454 or [email protected].
Sin
cerel
y,
Arun K
. Sethi
Vice President and
Power Marketing Manager
Enclos
ure
DocuSign Envelope ID: A38D9484-7625-4990-9683-B1003B4E556B 11/2/2021
Assignment 21-SNR-02638
1 R
EQUEST FOR ASSIGNMENT OF
ALAMEDA MUNICIPAL POWER’S
BASE RESOURCE PERCENTAGE
TO NORTHERN CALIFORNIA POWER AGENCY
1. BACKGROUND:
The City of Alameda by and through
Alameda Municipal Power ("Alameda") is a
municipal corporation. Alameda entered into Base Resource (BR) Contract 20-SNR-02359 (BR 02359), dated March 10, 2021, with the Western Area Power Administration (WAPA).
BR 02359 provides Alameda with 1.18210 percent of WAPA’s BR. Alameda is located in the California Independent System Operator’s Balancing Authority Area. Alameda assigned its BR percentage under BR Contract 00-SNR-00300 to Northern California Power Agency (NCPA), a joint power s authority, under Request for Assignment 04-SNR-00768 effective January 1, 2005. Contract 00-SNR-00300 and Request for Assignment 04-SNR-00768 will terminate December 31, 2024. NCPA and Alameda wish to retain the assignment beyond 2024.
2. REQUEST FOR ASSIGNMENT OF ALAMEDA’S BR PERCENTAGE TO NCPA:
2 .1 On the effective date of this Request for Assignment 21-SNR-02638 (Assignment), Alameda hereby requests WAPA assign its BR Percentage under BR 02359 to NCPA under NCPA’s BR Contract 21-SNR-02661 (BR 02661). 2 .2 NCPA is agreeable to taking responsibility for Alameda ’s 1.18210 percentage of BR.
2 .3 As of the effective date, NCPA assumes all the rights, duties, and obligations associated with receiving Alameda’s BR Percentage under BR 02661.
2.4 Alameda and NCPA shall jointly and separately indemnify and hold WAPA harmless from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from this Assignment . 2 .5 Alameda and NCPA agree that either Alameda or NCPA may unilaterally submit a 90-day written notice to WAPA to terminate this Assignment. Termination shall become effective on the first day of the month following the 90-day period.
On the effective date of the termination, this Assignment to NCPA shall terminate and the BR Percentage shall revert to Alameda. NCPA shall hold WAPA harmless from any and all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from issuing a notice to terminate or termination of this Assignment.
2 .6 This Assignment shall remain in effect until the earlier of: (a) December 31, 2054; or (b) until it is terminated pursuant to Section 2. 5 above.
DocuSign Envelope ID: A38D9484-7625-4990-9683-B1003B4E556B Assignment 21-SNR-02638
2 3. REDUCTION OF ALAMEDA’S BR PERCENTAGE OR TERMINATION OF ALAMEDA’S BR 02359:
S
ection 4.2 of BR 02359 allows for Alameda to reduce its BR Percentage or terminate BR 02359 for any reason through June 30, 2024. Section 12.4 of BR 02359 also allows for Alameda to reduce its BR Percentage or terminate BR 02359 within ninety (90) days after the Rate Effective Date of a Rate Schedule or Rate Schedule extension.
3.1 Should WAPA receive a request from Alameda to reduce its BR Percentage, the BR Percentage assigned to NCPA shall be reduced in NCPA’s BR 02661 on the effective date of the reduced BR Percentage.
3.2 Should WAPA receive a request from Alameda to terminate Alameda’s BR 02359, Alameda’s assigned BR Percentage shall be returned to WAPA for reallocation on the effective date of the termination of Alameda’s BR 02359.
4. EXECUTION BY COUNTERPARTS:
This Assignment 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 Assignment may be detached by any counterpart of this Assignment without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this identical in form her eto, by having attached to it one or more signature pages.
5. ELECTRONIC SIGNATURES:
Th
e Parties agree that this Assignment may be executed by handwritten signature or digitally signed using Adobe Sign, Adobe E-Signature, or DocuSign. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable.
DocuSign Envelope ID: A38D9484-7625-4990-9683-B1003B4E556B Assignment 21-SNR-02638
3 6. AGREEMENT:
All par
ties to this Assignment agree that it will become effective on the first day of the first month following the date of approval by WAPA’s Administrator or a later date if agreed to by WAPA and Alameda.
ALAMEDA M
UNICIPAL POWER
By:
Name:
Attest: Title: *HQHUDO0DQDJHU
By: Address: *UDQG6WUHHW$ODPHGD&$
Name:
Date: Date:
NORTHER
N CALIFORNIA POWER AGENCY
By:
Name:
Attest: Title:
By: Address:
Name:
Date: Date:
The above
Assignment of the BR Percentage from Alameda to NCPA under BR 02661 is hereby approved.
Date: By:
Tracey A . LeBeau
Administrator and Chief Executive Officer
Western Area Power Administration
DocuSign Envelope ID: A38D9484-7625-4990-9683-B1003B4E556B Nicolas Procos
Approved as to Form
Alan M. Cohen
Assistant City Attorney