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2002-217RESOLUTION NO. 2002R-217 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING THE FORMS OF AND AUTHORIZING THE EXECUTION OF A TRANSMISSION CONTROL AGREEMENT AND A LETTER.AGREEMENT AND APPROVING AND ADOPTING THE CITY OF ANAHEIM, CALIFORNIA TRANSMISSION OWNER TARIFF AND AUTHORIZING THE PUBLIC UTILITIES GENERAL MANAGER AND THE ASSISTANT GENERAL MANAGER-ELECTRIC SERVICES TO EXECUTE THE AGREEMENTS AND RELATED DOCUMENTS AND TO FILE THE TARIFF WITH THE FEDERAL ENERGY REGULATORY COMMISSION AND TAKE SUCH ACTIONS AS ARE NECESSARY TO ADMINISTER AND IMPLEMENT THE AGREEMENTS AND THE TO TARIFF WHEREAS, the City of Anaheim (the "City") has submitted an application on July 31, 2002 to the California Independent System Operator (CAISO) to become a participating transmission owner (PTO) under the terms of the CAISO Tariff by turning over operational control of the City's transmission entitlements to the CAISO effective January 1, 2003; and WHEREAS, the City is required, as a prospective PTO, to execute a Transmission Control Agreement (TCA) among the City, the current PTOs and the CAISO; and WHEREAS, the City is required, as a prospective PTO, to adopt a Transmission Owner Tariff (TO Tariff) that includes the revenue requirement for the City's transmission entitlements that the City is turning over to CAISO operational control; and WHEREAS, the City is required under the CAISO Tariffto submit the TO Tariff for review either to the CAISO or to the Federal Energy Regulatory Commission (FERC); and WHEREAS, the TO Tariffrequires that the transmission revenue requirement be adjusted annually to reflect certain credits received by the City as specified in the TO Tariff; and WHEREAS, the City Council hereby finds and determined that it would be in the best interest of the City to approve the Transmission Control Agreement among the California Independent System Operator and Transmission Owners (TCA) and the Letter Agreement between Southern California Public Power Authority (SCPPA) and Anaheim (Letter Agreement) and authorize the Public Utilities General Manager and the Assistant General Manager-Electric Services to execute, on behalf of the City, the TCA and the Letter Agreement and any related documents and take such actions as are necessary to administer and implement the TCA and the Letter Agreement; and WHEREAS, the City Council hereby finds and determines that it would be in the best interest of the City to file the TO Tariffwith FERC under the FERC's rules and regulations governing non-jurisdictional rate filings; and WHEREAS, the City Council further finds and determines that it would be in the best interest of the City to execute approve and adopt the proposed TO Tariff and authorize the Public Utilities General Manager to take the actions contemplated above to file the TO Tariff with FERC and take such actions as are necessary to administer and implement the TO Talfff; NOW, THEREFORE, the City Council does hereby resolve, determine and order as follows: 1 .) Section 1: The City Council hereby approves the Transmission Control Agreement among the California Independent System Operator and Transmission Owners (TCA) and the Letter Agreement between Southern California Public Power Authority (SCPPA) and Anaheim (Letter Agreement) in the respective forms thereof on file with the City Clerk, together with such additions thereto and changes therein as are approved by the Public Utilities General Manager or the Assistant General Manager-Electric Services, such approval to be conclusively evidenced by the execution and delivery thereof, and the Public Utilities General Manager and the Assistant General Manager-Electric Services shall be, and are hereby authorized, on behalf of the City, to execute, on behalf of the City, the TCA and the Letter Agreement and any related documents and take such actions as are necessary to administer and implement the TCA and the Letter Agreement; and 2.) Section 2: The Transmission Owner Tariff shall be, and is hereby, approved and adopted; and 3.) Section 3: The Public Utilities General Manager and the Assistant General Manager-Electric Services and their respective designees are authorized, on behalf of the City, to file the TO Tariff with the FERC, to prepare and publish the TO Tariff, and to do any and all things and to take all actions as are necessary to administer and implement the TO Tariff. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 15.t.h day of October ,2002. MA~OP~OF THE CITY OF A~ ATTEST: CITY CLERK OF'THE CITY OF ANAHEIM 46615/lmoses/10/7/2002 2 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. 2002R-217 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 15th day of October, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None CITY CLERK OF THE CITY OF ANAHEIM (SEAL)