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99-205RESOLUTION NO. 99R-205 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 99R-141. WHEREAS, the City of Anaheim (Anaheim) maintains electric generation and distribution systems for the distribution of electricity to residents and inhabitants of Anaheim and has adopted Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing electric service and fees for providing electric service; and WHEREAS, pursuant to Section 9602 of the California Public Utilities Code, the local regulatory body of each local publicly- owned utility may authorize direct transactions between electricity suppliers and end use customers, subject to the payment by end use customers of a nonbypassabte severance fee or transition charge, hereinafter referred to as a Competitive Transition Charge (CTC), which is a charge assessed to customers to recover the reasonable uneconomic portion of costs associated with generation-related assets and obligations; and WHEREAS, Section 9603 of the California Public Utilities Code requires that each local publicly owned electric utility make the basis of the CTC available for public review and to hold a public hearing prior to adoption of the CTC and no less than six months prior to the implementation of direct transactions; and WHEREAS, establishment of a CTC does not obligate the City Council to authorize direct transactions; and WHEREAS, prior to the Public Utilities Board meeting held on September 14, 1999, the basis of the CTC was available for public review; and WHEREAS, at its meeting held on September 14, 1999, the Public Utilities Board held a public hearing concerning and recommended establishment of a CTC for all electric customers as set forth in Rule 27 of the Electric Rates, Rules and Regulations; and WHEREAS, the City Council further finds and determines that revision of the text of the Rules and Regulations is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the California Public Resources Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Rule 27 of the Electric Rates, Rules and Regulations as set forth in Appendix A establishing a Competitive Transition Charge shall be, and is hereby, adopted and shall be effective September 30, 1999. 2. That the Public Utilities General Manager is authorized and directed to establish the Competitive Transition Charge as necessary to comply with statutory requirements and to prepare, promulgate, publish and take all actions necessary to implement Rule 27 of the Electric Rates, Rules and Regulations as necessary to comply with statutory requirements and as forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this28t__h day of September, 1999. ~.CITY OF ANAHEIM 32146.1\lmoses\September 7, 1999 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 99R-205 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 28th day of September, 1999, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No.99R- 205 on the 28th day of September, 1999. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of September, 1999. CITY CLERK OF THE OF ANAHEIM (SEAL) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 99R-205 was duly passed and adopted by the City Council of the City of Anaheim on September 28th, 1999. i~.CITY OF OF CLERK THE ANAHEIM