HomeMy WebLinkAboutRes 1994-04 Bradley Lake MMOA Agreement-BPMCALASKA ENERGY AUTHORITY
RESOLUTION NO. 1994-04
A RESOLUTION OF THE ALASKA ENERGY AUTHORITY RELATING TO
THE BRADLEY LAKE HYDROELECTRIC PROJECT MASTER MAINTE·
NANCE AND OPERATING AGREEMENT.
WHEREAS, the Alaska Energy Authority ("Authority") is a public corporation of the
State of Alaska duly created, organized, and existing pursuant to AS 44.83; and
WHEREAS, the Authority has constructed the Bradley Lake Hydroelectric Project
("Project"); and
WHEREAS, the Authority sells energy from the Project to various purchasers
("Bradley Lake Purchasers") pursuant to the terms of the Power Sales Agreement dated
December 8, 1987 ("Power Sales Agreement"); and
WHEREAS, the Authority has constructed facilities and purchased equipment
("Project Related Facilities") to interconnect the Project with, and deliver power to, the
Bradley Lake Purchasers; and
WHEREAS, facilities and equipment owned, leased and/or operated by the Bradley
Lake Purchasers are needed to enable the Authority and the Bradley Lake Purchasers to
fully utilize electric energy and capacity from the Project; and
WHEREAS, the Bradley Project Management Committee ("BPMC"), as established
under the December 8, 1987 Power Sales Agreement and operating under the Bylaws
adopted on October 19, 1988, is authorized to arrange for the operation and maintenance
of the Project and Project Related Facilities and adopt an annual budget of Project costs;
and
WHEREAS, the Authority and BPMC desire to establish a contract administration
and budgeting procedure for contracting for the maintenance and operation of the
Project, the Project Related Facilities, and the related services, facilities and equipment,
and for the lease and/or use of other facilities and equipment in a manner consistent with
the requirements of the Power Sales Agreement; and
WHEREAS, the Authority has completed negotiations with BPMC; and
WHEREAS, there has been presented to this meeting the form of a contract
between the Authority and BPMC entitled "Bradley Lake Hydroelectric Project Master
Maintenance And Operating Agreement" ("MM&OA"); and
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WHEREAS, it appears that the MM&OA referenced above, which is now before the
members of the Authority, is in appropriate form and is an appropriate instrument for the
purposes intended; and
WHEREAS, the Authority hereby finds and determines that it is in the public interest
and will best carry out the purposes of the Authority to enter into the MM&OA with BPMC.
NOW, THEREFORE, BE IT RESOLVED BY THE ALASKA ENERGY AUTHORITY,
as follows:
Section 1. That the form and content of the MM&OA is in ail respects authorized
and approved, and the Executive Director of the Authority, or his designees, is authorized,
empowered, and directed to execute and deliver to BPMC the MM&OA for and on behalf
of the Authority, including necessary counterparts, in substantially the form and content
now before this meeting but with such changes, modifications, additions, or deletions
therein as shall to him seem necessary, desirable, or appropriate, his execution thereof
to constitute conclusive evidence of his approval of any and ail changes, modifications,
additions, or deletions therein from the form and content of the MM&OA now before this
meeting.
Section 2. After the execution and delivery of the MM&OA, the Executive Director
of the Authority, or his designees, are hereby authorized, empowered, and directed to do
ail such acts and to execute ail such documents as may be necessary to carry out and
comply with the provisions of the MM&OA as executed.
Section 3. That this Resolution shall become effective immediately upon its
passage and approval.
DATED at Anchorage, Alaska this 16th day of March 1994.
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