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Home My WebLink AboutRES 1978-55 - Board RESOLUTION NO, 7855 • OF TRUCKEE-DONNER PUBLIC UTILITY DISTRICT AUTHORIZING THE PRESIDENT TO SIGN THE FRINGE AGREEMENT FOR ELECTRICAL SERVICES WITH SIERRA PACIFIC POWER BE IT RESOLVED by the Board of Directors of the Truckee- Donner Public Utility District as follows: The President is hereby authorized to sign the Fringe Agreement for Electric Service with Sierra Pacific Power Company, a copy of which is attached hereto as Exhibit "A" and, by this reference, made a part hereof. PASSED AND ADOPTED by the Board of Directors of the TRUCKEE-DONNER PUBLIC UTILITY DISTRICT at a meeting of the Board of Directors held within the District on the 6th day of November, 1978, by the following roll call vote: AYES: D. Hatch R. Huber K, Kuttel P Sutton J. Maass NOES* ABSENT. TRUCKEE-DONNER PUBLIC UTILITY DISTRICT By JAMES A. MAASS, President ATTEST: A* MILTON SEV URf Clerk Thereo Law Offices Of ;Ieverl E.Grumer,Ltd. EXHIBIT "A" Sierra-Pacific - Truckee-Donner Public Utility District Fri e Agreement for Electric Service le PARTIES: The Parties to this Agreement are Sierra Pacific Power Company, a Nevada Corporation, qualified to do business as a Public Utility in the State of California, hereinafter referred to as Sierra Pacific, and Truckee- Donner Public Utility District, a public utility district created and ,,:xisting under the Public Utility District Act, Division of the Public Utilities Code of the State of California hereinafter referred to as TDPUD. 2e RECITALS: This Agreement is made with reference to the following facts, among others: 2. 1 Each Party hereto will. have in its respective service territory a relatively few customers , electric service to whom, for one reason or another, may more economically and conveniently be furnished by or through the facilities of the other Party 2. 2 It is the desire of the Parties to enter into an agreement pertaining to electrical facilities used now and in the future .to serve fringe area customers and to the electric energy supplied now and in the future to such fringe area customers, 2. 3 All delivery points at which such fringe service is to be taken will be located within the State of California, 3* AGREEMENT: The Pargies Agree as follows: Now 4. FRINGE SERVICE TO TRUCKEE-DONNER PUBLIC UTILITY DISTRICT: Sierra shall furnish electrical energy for designated and mutually agreed upon "fringe customers" of TDPUD within TDPUD' s territory, in such quantities as said consumers may require, subject to the following terms and conditions: 4 . 1 Sierra shall make such changes in, and additions to, the existing facilities of Sierra as are necessary for the furnishing of such electrical energy under its current rules for extension agreements and as shall be mutually agreed upon. Sierra shall retain ownership and possession of, and maintain at its own expense , all such additions and chang es so made, 4. 2 Sierra shall furnish such energy at points of delivery mutually agreed upon. 4 . 3 Energy furnished by Sierra shall be metered at the points of delivery, or at such other points as may be mutually agreed upon. 4. 4 Sierra shall charge the customer served for electric energy under the current rate tarsi ffs including any fuel cost adjustment applicable for the period in which service is rendered. These rates shall be subject to increases granted by the California Public Utilities Commission. 5, FRINGE SERVICE TO SIERRA.: TDPUD shall furnish electrical energy for designated and mutually agreed upon "fring e con- sumers" of Sierra. within Sierra' s service territory in such quantities as said consumers may require, subject to the following terms and conditions. 2- ...................... Ill IMP • • 4 • 1. 5,o 1 TDPUD shall make such changes in, and additions to, the existing facilities of TPUD as are necessary to the fur- nish ing of such electrical energy under its current rules and as for line extension agreements as shall be mutually• agreed upon. TDPUD shall retain ownership and possession of, and maintain at its own expense, all such additions and changes so made. 5. 2 TDPUD shall furnish such energy at points of delivery mutually agreed upon, 5. 3 Energy furnished by TDPUD shall be metered at the points of delivery, or at such points as may be mutually agreed upon. 5* 4 TDPUD shall charge the customer served for electric energy, under its current rate tariffs plus any fuel cost adjustment applicable for the period in which service is rendered. These rates shall. be subject to increases approved by the TDPUD Board of Directors, 6, UNCONTROLLABLE FORCES: Neither party shall be considered to be in default in the performance of any of its obligations under this Agreement if failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the Party affected, including, but not limited to, failure of or threat of failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or dis- obedience , labor dispute, labor or material shortage, sabo- tage, restraint by court order or public authority, and action or non-action by or inability to obtain authoriza- tions of approval s from any governmental agency or author- ity, which by exercise of due diligence shall be unable NAM"3- qw- to overcome. Nothing contained herein shall be construed so as to require a Party to settle any strike or labor dispute in which it may be involved. Any Party rendered unable to fulfill any obligation under this Agreement by reason of any uncontrollable force shall give prompt notice of such fact to the other Party and shall exercise due diligence to remove any such inability with all reasonable dispatch, To TERM: This contract shall not become effective until the date authorization of the required regulatory authorities is obtained, and continue thereafter until terminated by either Party by twelve months ' written notice to the other, 8* REGULATORY AUTHORITY. This Agreement shall be subject to filing with, and to changes or modifications as may from time to time be directed by competent regulatory authority in the exercise of its jurisdiction, 9* GOVERNING LAW: This Agreement shall be interpreted, governed and construed under the law of the State of California as if executed and to be performed wholly within the State of California. 10, PARTY' S TITLE: Each Party to this Agreement recognizes the other Party' s title and interest in -the respective facilities described herein, and agrees never to assail or resist said title or interest therein by reason of this Agreement or by exercise of permissions given hereunder. lie NOTICES: Any formal notice, demand or request provided for in this Agreement or given or made in connection with this Ag ree- ment shall be deemed to be properly given or made if delivered 71 Oak Wa W.."Al i i 0 sent by registered mail , postage prepaid, as specified below: To TDPUD f*0 Mr. A. Milton Seymour General Manager Truckee Donner Public Utility District P.O. Box 309 Truckee, California 95734 To Sierra: Mr. Jack Mc1__1,1wc-e I Manager of Rates and Regulations Sierra Pacific Power Company P . O. Box 10100 Reno, Nevada 89510 Either Party may at any time or from time to time , by written notice or coinunique to the. other Party cnange the des ignation or address of the person so specified as the one to receive notice pursuant to this AgreementO 11 . 2 Informal communications of a routine nature, including reques t for service and related matters , shall be given in such manners as the Parties shall arrange. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed in duplicate this day of 1.978* Sierra Pacific Power Company By C., Truckee-Donner Public Utility District By quo* 41, 1.1. 146