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HomeMy WebLinkAboutREF Grant Walker Lake Hydro Appendix DBEFORE THE FEDERAL ENERGY REGULATORY COMMISSION APPLICATION FOR A PRELIMINARY PERMIT Initial Statement Statement Pursuant to 18 CFR 4.81(a) (1) Tlingit-Haida Regional Electrical Authority (THREA or the Applicant) applies to the Federal Energy Regulatory Commission (FERC) for a preliminary permit for the proposed Walker Lake Hydroelectric Project (the Project) as described in the attached exhibits. This application is made in order that the Applicant may secure and maintain priority of application for a license for the Project under Part I of the Federal Power Act while obtaining the data and performing the acts required to determine the feasibility of the Project and to support an application for license. (2) The location of the proposed Project is: State: Alaska County: N/A Nearby Town: Haines, Alaska; Klukwan, Alaska Stream/Waterbody: Walker Lake; Walker Creek & Little Salmon River (3) The exact name, business address and telephone number of the Applicant are: Tlingit-Haida Regional Electrical Authority P.O. Box 210149 12480 Mendenhall Loop Road Auke Bay, AK 99821 (907)789-3196 The exact name and business address of each person authorized to act as agent for the Applicant in this application are: Richard George P.O. Box 40 Angoon, AK 99820 (907)788-3771 (4) THREA is a political subdivision of the State of Alaska and is claiming preference under section 7(a) of the Federal Power Act, Municipal Preference. THREA was formed Tlingit-Haida Regional Electrical Authority IS-1 Walker Lake Hydroelectric Project Application for Preliminary Permit Initial Statement as a regional electrical authority under AS 18.57.010-110. This chapter provides that an organization authorized by AS 18.55.996(a) to form a regional housing authority can form a regional electrical authority. Copies of these laws are attached as Exhibit 4. Among others, the Tlingit-Haida Central Council is authorized to form a regional housing authority in southeast Alaska and therefore is empowered to form a regional electrical authority. A copy of a resolution of the Executive Council of the Tlingit-Haida Central Council authorizing the operation of the Tlingit Haida Regional Electrical Authority is attached as Exhibit 5. Under Alaska Statute 18.57.020(a), a regional electrical authority is created as "a public body corporate and politic as a political subdivision of the state to function in the operating areas of the individual associations." AS 18.57.020(a). THREA is therefore a municipality as defined in the Federal Power Act at 16 U.S.C. § 796(7) and is entitled to the preference under section 7(a) of the Federal Power Act. (5) The proposed term of the requested permit is 36 months. (6) There are no existing dams or other project facilities located within the proposed development area Tlingit-Haida Regional Electrical Authority IS-2 Walker Lake Hydroelectric Project r9 Application for Preliminary Permit Initial Statement Statement Pursuant to 18 C.F.R. § 4.32 (1) Name and address of every person, citizen, association of citizens, domestic corporation, municipality, or state that has or intends to obtain and will maintain any proprietary right necessary to construct, operate, or maintain the Project: Tlingit-Haida Regional Electrical Authority P.O. Box 210149 12480 Mendenhall Loop Road Auke Bay, AK 99821 (907) 789-3196 (2) Name and address of every county in which any part of the Project, and any federal facilities that would be used by the Project would be located: Alaska does not have counties. Portions of the state are encompassed in cities or boroughs. The Project area is within the boundaries of the City and Borough of Haines, whose address is: City and Borough of Haines 103 Third Avenue South P.O. Box 1209 Haines, Alaska 99827. (3) Name and address of every city, town, or similar local political subdivision in which any part of the Project, excluding transmission lines, and any Federal facilities that would be used by the Project would be located: City and Borough of Haines 103 Third Avenue South P.O. Box 1209 Haines, AK 99827 Chilkat Indian Village of Klukwan 32 Chilkat Ave. HC60-2207 Klukwan, AK 99827 (4) Name and address of every city, town, or similar local political subdivision that has a population of 5,000 or more people and is located within 15 miles of the Project dam: There are no cities or towns with a population of 5,000 or more people within 15 miles of the proposed location of the Project dam. The Chilkat Indian Village of Klukwan is located within 15 miles of the proposed location of the Project dam. Tlingit-Haida Regional Electrical Authority IS-3 Walker Lake Hydroelectric Project to Application for Preliminary Permit Initial Statement (5) Name and address of every irrigation district, drainage district, or similar special purpose political subdivision in which any part of the Project, and any federal facilities that would be used by the Project, would be located: No irrigation district, drainage district or similar special purpose subdivision has been identified in association with the proposed Project. (6) Name and address of every irrigation district, drainage district, or similar special purpose political subdivision that owns, operates, maintains, or uses any Project facilities or any Federal facilities that would be used by the Project: No irrigation district, drainage district or similar special purpose subdivision has been identified in association with the proposed Project. (7) Name and address of every other political subdivision in the general area of the Project that there is reason to believe would likely be interested in, or affected by, the application: City and Borough of Haines 103 Third Avenue South P.O. Box 1209 Haines, AK 99827 Chilkat Indian Village of Klukwan 32 Chilkat Ave. HC60-2207 Klukwan, AK 99827 (8) Name and address of all Indian tribes that may be affected by the Project: The Chilkat Indian Village of Klukwan is a duly constituted Indian Tribe organized pursuant to the Acts of Congress of June 18, 1934 (48 Stat. 984) and May 1, 1936 (49 Stat. 1250) and is the federally recognized governing body of the tribal members of Klukwan, Alaska. The Chilkat Indian Village of Klukwan also has the authority to establish relationships and enter into contracts for the well being of the Tribe. Chilkat Indian Village of Klukwan 32 Chilkat Ave. HC60-2207 Haines, AK 99827 In addition, the Chilkoot Indian Association, P.O. Box 490, Haines, Alaska 99827, may be affected by the project. Tlingit-Haida Regional Electrical Authority IS-4 Walker Lake Hydroelectric Project 0 Application for Preliminary Permit Verification Statement This application for a preliminary permit for the Walker Lake Hydroelectric Project is executed in the State of Alaska, First Judicial District. Richard George, P.O. Box 40, Angoon, AK 99820, the Chairman of the Board of Directors of the Tlingit-Haida Regional Electric Authority, being duly sworn, deposes and says that the contents of this application for preliminary permit are true to the best of hi knowledge or elief. The undersigned Applicant has signed the application this day of 2012. Subscribed and sworn to before me, a Notary Public, of the State of Alaska this day of -1an- 2012. Notary Public No ry Public LMycomrrdsslon URIE L. CARRICK State of Alaska MY, Commission Expires: ExpiresAug26,2014 Tlingit-Haida Regional Electrical Authority VS-1 Walker Lake Hydroelectric Project 50 Application for Preliminary Permit Exhibit 1 — Description of Proposed Project Exhibit 1 — Description of the Proposed Project The Walker Lake Hydroelectric Project is a proposed small hydroelectric Project located at the head of Lynn Canal in Southeast Alaska, approximately 30 miles inland up the Chilkat side of the peninsula separating the Chilkoot and Chilkat Rivers. It is within the City and Borough of Haines Borough and the Chilkat Indian Village of Klukwan. The existing lake is at elevation 1,180 MSL and drains into Walker Creek and the Little Salmon River. Walker Lake is within the authorized electric service area of Inside Passage Electric Cooperative, Inc. (1) General Project Features The number, physical composition, dimensions, general configuration and, where applicable, age and condition of any dams, spillways, penstocks, powerhouses, tailraces, or other structures, whether existing or proposed, that would be part of the Project. The following are the proposed Project features: Dams- the Project includes the construction of two small dams located at the southeast end of Walker Lake to provide extra storage for year-round powerplant production and output. The dams will be rock filled construction with a membrane and concrete lining, approximately 15 feet in width at the crest. The estimated crest length of the two dams is approximately 250 feet long and 325 feet long respectively, and has base lengths of 150 feet and 225 feet respectively. The lake surface elevation will rise from 1,180 feet MSL to 1,195 feet MSL, increasing the surface area size of the lake from 160 acres to 180 acres. Spillway- A concrete spillway for each dam is planned that will include a channel for water release to the creek/river. Intake- A concrete intake structure for each dam is planned that will allow water to flow from the lake into the penstocks. The water will first enter the sluiceway, and then be drawn through a trashrack into the intake structure. The intake is located at the approximate elevation of 1,170 feet MSL and. Penstock- A planned 24 inch penstock will run the entire length from the outlets at the intake on both dams, A penstock from both dam intake structures will join together into one penstock that will then follow the ridge above Walker Creek to a point where the penstock will drop to the planned powerhouse adjacent to Little Salmon River, an estimated 11,000 feet of piping. Tlingit-Haida Regional Electrical Authority E1-1 Walker Lake Hydroelectric Project 51 Application for Preliminary Permit Exhibit 1 — Description of Proposed Project The penstock will consist primarily of 24 inch PVC pipe, approximately 10,000 feet buried underground in an east/west configuration, and approximately 1,000 feet of above ground 24 inch ductile iron running north/south immediately above the powerhouse site. Powerhouse- The planned powerhouse is a prefabricated 26 feet by 38 feet wood and metal framed building located on the North bank of the Little Salmon River, at the approximate 400 foot MSL elevation. The powerhouse will have a reinforced concrete foundation and placed on a supporting rock base. The powerhouse will contain one generating unit with an installed capacity of 1 MW. The hydraulic capacity is approximately 18 cfs with an estimated 780 feet of net head. The powerhouse will contain the main control switchgear, water turbine, generator, and other equipment for remote supervisory and control operation. Tailrace- The planned tailrace is an excavated channel made of concrete or other suitable material extending about 50 feet from the powerhouse to the Little Salmon River. Roadway Access- An existing logging road system is in place that will require minor and some major rehabilitation. A new 1.0 mile access road may be needed to access the lake intake structures. (2) Reservoirs The estimated number, surface area, storage capacity, and normal maximum surface elevation (MSL) of any reservoirs, whether existing or proposed, that would be part of the Project. One reservoir is created by the dams at the outlet of Walker Lake. The dams will raise the lake surface elevation from the 1,180 feet MSL to 1,195 feet MSL and increase the surface area size of the lake from 160 to 180 acres. Storage capacity of the lake will increase from 5,600 acre-feet to 8,300 acre-feet. Active storage capacity of 4,300 acre-feet will then exist. The reservoir would draw down in the winter and early spring and refill in the late spring and early summer. (3) Transmission Lines The estimated number, length, voltage, interconnections, and, where applicable, age and condition, of any primary transmission lines whether existing or proposed, that would be part of the Project. The Project will include a 12.5 kV transmission line, approximately 4 miles long to transmit the power from the switchyard to an interconnection location near the Klehini River Bridge, 25.5 Mile Haines Highway. Tlingit-Haida Regional Electrical Authority E1-2 Walker Lake Hydroelectric Project Application for Preliminary Permit Exhibit 1 - Description of Proposed Project (4) (5) Planned Installed Capacity and Average Annual Energy The total estimated average annual energy production and installed capacity, the hydraulic head for estimating capacity and energy output, and the estimated number, rated capacity, and where applicable, the age and condition, of any turbines and generators whether existing or proposed, that would be part of the Project. Estimate average annual energy production 3,615 MWH Estimated installed capacity 1 MW Estimated average hydraulic head 780 feet Hydraulic capacity 18.0 cfs Number of generating units one Lands of the United States The Project is located on State of Alaska land. The Applicant estimates that approximately 200 acres of State land, around and including the lake (160 acres), penstock route, access roads, transmission lines, and powerhouse site, is required. The USGS maps containing the Project area are shown on both Skagway B-3 and B-4 located in the Copper River Meridian shown by the aliquot parts in the Table below: Township Ranee Sections 28 S 54 E 36 S t/2 28 S 55 E 26 SE-, of the S 1/2 28 S 55 E 27 Si/2 28 S 55 E 33 SW 1/4 of the S 1/2 28 S 55 E 34 29 S 55 E t N t/2 of the S 1/2 29 S 55 E r N t/2 29 S 55 E 2 N r/2 29 S 55 E 3 N 1/2 29 S 55 E 4 N 1/2 29S 56E 6 NTE1/4ofthe N12 Tlingit-Haida Regional Electrical Authority E1-3 Walker Lake Hydroelectric Project 53 Application for Preliminary Permit Exhibit 2 — Description of Studies Exhibit 2 — Description of Studies Upon issuance of a preliminary permit, the applicant will conduct more detailed studies to determine the ultimate feasibility of the Project and potentially support the preparation of an application for license. (1) General Description of Proposed Studies (a) Description of Studies A study in June, 1988, prepared for the Alaska Power Authority by Ott Water Engineers, Inc., and titled: KLUKWAN Proposed Walker Lake Hydroelectric Project Reconnaissance Findings and Recommendations was used to prepare the application. Stream flow data for both the Little Salmon River and the Walker Lake Creek was published in March, 1990 by Stan Carrick and Roy Ireland, and titled: Summary of Streamflow Data for the Little Salmon River and Walker Lake Creek The Applicant proposes to seek detailed engineering and feasibility studies of the technical features of the Project and confirm the Project's economic viability. The feasibility study work will evaluate various equipment arrangements to optimize the Project's configuration. The feasibility study work will include: • stream flow analysis to verify prior study results; • finalization of the selection of a preferred Project development plan; • topographic mapping; • geological/geotechnical investigations; • environmental study scoping and consultation, environmental surveys, impact identification and assessment and the formulation of mitigation measures; • design engineering and specifications; • legal and water rights matters; and • financial planning. Based on the results and findings of the initial stages of the feasibility study work, the Applicant will prepare a Notice of Intent. (b) New Road Construction Tlingit-Haida Regional Electrical Authority E2-1 Walker Lake Hydroelectric Project 51 Application for Preliminary Permit Exhibit 2 — Description of Studies (2) (3) (4) It is not anticipated that any new permanent roads are needed for the aforementioned studies. Temporary access maybe required in order to mobilize equipment necessary for study investigations. Work Plan for New Dam Construction (a) Description of Studies Work to determine final location and design will occur after soil and geologic testing. Disturbance to the land and water would cause minor alterations or disturbances at best and would easily be restored. The likelihood that cultural resources would be affected is minimal. No threatened or endangered species are known to exist in the vicinity of the Project area. (b) Proposed Schedule The review of alternatives, feasibility, economic, environmental, and engineering studies detailed above will likely require full use of the entire requested permit period of 36 months. The Applicant expects to initiate licensing proceedings with FERC prior to the end of the 36-month period if the Project is determined to be viable. All studies detailed herein will begin upon issuance of a preliminary permit. General Outline Months Project Review and Stakeholder Consultation 0 — 12 Hydrologic, Environmental, and Geologic Studies 1 —24 Engineering and Feasibility Studies 1 —24 FERC Submittal 24 — 36 Waiver Based on the Applicant's use of data as described above and the Applicant's belief that the proposed studies will not adversely affect cultural resources or endangered species and would cause only minor alterations or disturbances of lands and waters, and that any land altered or disturbed would be adequately restored, the Applicant requests that FERC waive the requirements for a work plan for new dam construction pursuant to Section 385.207. Statement of Costs and Financing (a) Estimated Costs Tlingit-Haida Regional Electrical Authority E2-2 Walker Lake Hydroelectric Project 5� Application for Preliminary Permit Exhibit 2 — Description of Studies The estimated costs of carrying out or preparing studies, investigations, tests, surveys, maps, plans, and specifications identified in Exhibit 2 are $1.3 million. (b) Expected Sources of Financing The Applicant will apply to the State of Alaska Renewable Energy Fund to fund planned studies and engineering efforts. The plan for Project financing will be developed during the course of the term of the preliminary permit. (c) Proposed Market for Power The proposed market for the power is to Inside Passage Electric Cooperative for serving the loads in and around the community of Klukwan and the Chilkat Valley, Alaska. Tlingit-Haida Regional Electrical Authority E2-3 Walker Lake Hydroelectric Project 5W Application for Preliminary Permit Exhibit 3 - Maps Exhibit 3 — Baps Maps Attached are maps showing the Project location, the Project layout, and the Project boundary. The following maps are included: Figure 1 — Project Vicinity Map 2. National Wild and Scenic Rivers Systems No areas in the Project vicinity are included (or are known to have been designated for study for inclusion) in the National Wild and Scenic Rivers System. 3. Designated Wilderness Areas No areas within the Project boundary have been designated as wilderness area. No areas within the Project boundary are known to be recommended for designation as wilderness area or designated as wilderness study area. Tlingit-Haida Regional Electrical Authority E3-1 Walker Lake Hydroelectric Project 51 IN 24r1 Y At�i 1 --'--- - f i �� t -^J �-J 1 o y Pk" 3(5; N i� 00 Om ((r✓4 ,li _ ai� Y . �, �I _y_— I !' C I_ _v_\� aM W O O JNO I�/'( �- Q•i J� i Emi'�'..�1 r`,.' r� qtE ^� W^�I B � .. 9UO �M -r ,o ;t - —� ur W m < lit N you e !tr' 1 Z. w _ ;I i I'll (a 19R - ip! ' U -,' : 'r �; i` ... j)- a III, jl� L 4�i - d „ f } JI a� � ' � y" .x x (0 <o p ---..�"__` a i o x I ¢''"-.- •, % � / � 1 I u :'fit `I � L. / I' _ f't � 9,� ; ' C ` fail Nbpn• s. =.1m•- m -� i�� I- 1 I1� 1 I. 3.ypY um i %r1l - i/ Izl 'CLis - _- ' 10, rFigure 5$ ALASKA STATUTES REGARDING REGIONAL ELECTRICAL AUTHORITIES Chapter 18.57. REGIONAL ELECTRICAL AUTHORITIES Sec.18.57.010. Finding and purpose. The legislature finds that an acute shortage of adequate, safe, reliable electrical facilities exists in the rural areas of the state and that adequate electrical systems cannot be provided by the private sector due to inadequate projected system revenues and economic depression in certain areas or by local governments of the state since the boundaries required for boroughs under art. X, Sec. 3, of the Alaska Constitution and the boundaries of cities necessary to effectively operate as cities would, in many cases, not be adequate to provide economic, adequate, safe, and reliable electrical service. The legislature further finds that adequate housing, public facilities, and economic development are heavily dependent upon adequate, safe, and reliable electrical facilities. These conditions are inimical to the safety, health, welfare, and prosperity of the residents of the state and to the sound growth of rural communities. The legislature further finds that a reasonable means of accomplishing the purpose of providing adequate, safe, and reliable systems is the creation of regional electrical authorities that are not local governments. It is the purpose and intent of the legislature to provide a means whereby public corporations to serve as regional electrical authorities may be formed. Sec. 18.57.020. Creation of authorities. (a) An association authorized by AS 18.55.996 (a) to form a regional housing authority is given the authority to form a regional electrical authority. There is created with respect to each of the associations named in AS 18.55.996 (a) a public body corporate and politic as a political subdivision of the state to function in the operating areas of the individual associations. Each authority may exercise all powers conferred by this chapter. (b) A regional electrical authority may not transact business or exercise powers granted to it until the governing body of the association has, by resolution, declared there is a need for the authority to function, given it the authority to function, and appointed persons to serve as the board of commissioners of the authority. The number of members of the board of commissioners, their terms of office, and the filling of vacancies in office shall be determined by resolution of the governing body of the association. (c) The regional electrical authority has jurisdiction to operate in all or part of the operating area of the individual association as determined by resolution of the governing body of the association. The governing body may, by resolution, add to or subtract from the area served. The authority may operate within the service area of a certificated rural electrical cooperative or within the corporate limits of a municipality only with consent, by resolution, of the governing body of the municipality or cooperative; however, if an authority is operating within an area that becomes part of a municipality or has a certificate of convenience and necessity from the former Alaska Public Utilities Commission or the Regulatory Commission of Alaska to operate in an area that becomes part of a municipality, consent is not necessary. (d) A municipality, electrical cooperative, or other provider of electrical service may transfer all or part of its electrical system including, without limitation, lands and rights in land, equipment, and certificates or franchises, to a regional electrical authority by resolution of the governing board upon terms agreed upon with the authority; however, approval by resolution, of the board of commissioners of the authority shall be obtained. Unless otherwise provided by law other approvals to transfers are not required. Tlingit-Haida Regional Electrical Authority E4-1 Walker Lake Hydroelectric Project 5tj Sec. 18.57.030. Tax exemption. (a) A regional electrical authority is exempt from payment of taxes or assessments, other than assessments that may be levied under AS 29.46.010 , on property owned by the authority that is used for generation and transportation of electricity. (b) All obligations issued under this chapter are issued by a body corporate and public that is a political subdivision of the stale and for an essential public and governmental purpose, and the obligations, and the interest and income on and from the obligations, and all fees, charges, funds, revenues, income, and other money pledged or available to pay or secure the payment of the obligations or interest are exempt from taxation except for transfer, inheritance, and estate taxes. (c) All obligations or liabilities of a regional electrical authority remain its own and are not obligations or liabilities of the state. Sec. 18.67.040. Powers of the authority. A regional electrical authority has the general power to (1) adopt, alter, and use a corporate seal; (2) prescribe, adopt, amend, and repeal bylaws; (3) sue and be sued in its own name; (4) appoint officers, agents, and employees and vest them with powers and duties and to fix, change, and pay compensation for their services as the authority may determine; (5) borrow money, make and issue bonds, notes, and other evidences of indebtedness of the authority for any of its corporate purposes and to secure payment of its bonds and of other obligations by pledge of or lien on all or any of its assets, contracts, revenue, and income; (6) make and issue bonds for the purpose of funding, refunding, purchasing, paying, or discharging any of the outstanding bonds or obligations issued or assumed by it or bonds or obligations the principal or interest of which is payable in whole or in part from its revenue; (7) make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of its powers and functions, including contracts, with any person, firm, corporation, government agency, or other entity; (8) receive, administer, and comply with the conditions and requirements of an appropriation, gift, grant, or donation of property or money; (9) invest or reinvest money or funds held by the authority in obligations or other securities or investments in which banks or trust companies in the state may legally invest funds held in reserves or sinking funds or funds not required for immediate disbursement, and in certificates of deposits or time deposits; (10) acquire, hold, use, lease, sell, or otherwise dispose of property of any kind, real, personal or mixed or any interest in it; Tlingit-Haida Regional Electrical Authority E4-2 Walker Lake Hydroelectric Project &0 (11) acquire, produce, develop, manufacture, use, transmit, distribute, supply, exchange, sell, or otherwise dispose of electric energy and other supplies and services as the authority determines necessary, proper, incidental, or convenient in connection with its activities; (12) determine, fix, alter, charge, and collect rates, fees, rentals, and other charges for the use of the facilities of the authority or for the service, electric energy or other commodities sold, rendered, or furnished by it; (13) plan, design, construct, reconstruct, extend, or improve any facility necessary or convenient in connection with its activities; (14) enter on any land, water, or premises for the purpose of making surveys, soundings, or examinations; (15) exercise the powers of eminent domain in accordance with AS 09.55.250 - 09.55.460; (16) do all acts and things necessary, convenient, or desirable to carry out the powers granted or implied in this chapter; (17) adopt, amend, and repeal regulations necessary for the exercise and performance of its powers and duties or to govern the rendering of service, sale or exchange of electrical energy. Sec. 18.57.060. Bonds and notes. (a) The authority, by board resolution, may issue bonds and bond anticipation notes in order to provide funds to carry out and effectuate its purposes. (b) The principal and interest on these bonds or notes is payable from authority funds. Bond anticipation notes may be payable from the proceeds of the sale of bonds or from the proceeds of sale of other bond anticipation notes or, if bond or bond anticipation note proceeds are not available, the notes may be paid from other funds or assets of the authority. Bonds or notes may be additionally secured by a pledge of a grant or contribution from the federal or state government, a corporation, association, institution, or person, or a pledge of money, income, or revenues of the authority from any source. (c) Bonds or bond anticipation notes may be issued as provided by board resolution, in one or more series and shall (1) be dated; (2) bear interest at the prescribed rate per year or within the maximum rate; (3) be in a certain denomination or form, either coupon or registered; (4) carry the conversion or registration provisions; (5) have rank or priority; (6) be executed in a certain manner and form; (7) be payable from the sources in the medium of payment and place or places inside or outside the state; (8) be subject to authentication by a trustee or fiscal agent; and (9) be subject to terms of redemption, with or without premium. Bond anticipation notes mature at a time determined by the authority. Bonds mature at a time, not exceeding 50 years from the date of their issuance, as determined by the authority. Before the preparation of definifive bonds or bond anticipation notes, the authority may issue interim receipts or temporary bonds or bond anticipation notes, with or without coupons, exchangeable for bonds or bond anticipation notes when the definifive bonds or bond anticipation notes have been executed and are available for delivery. (d) Bond or bond anticipation notes may be sold in the manner, on the terms, and at the price the authority determines. (a) If an officer whose actual or facsimile signature appears on any bonds or notes or coupons attached to them ceases to be an officer before the delivery of the bond, note, or coupon, the signature is valid as if the officer had remained in office until delivery. Tlingit-Haida Regional Electrical Authority E4-3 Walker Lake Hydroelectric Project to (f) In a resolution of the authority authorizing or relating to the issuance of bonds or bond anticipation notes, the authority may, with holders of the bonds or bond anticipation notes, (1) pledge to any payment or purpose all or any part of revenue to which it is or will be entitled to and similarly pledge the money derived from the revenue, and the proceeds of any bonds or notes; (2) covenant against pledging all or any part of its revenue, or against permitting or suffering a lien on the revenue or its property; (3) covenant as to the use and disposition of any and all payments of principal or interest received by the authority on mortgage loans, construction loans, or other investments held by the authority, (4) covenant as to establishment of reserves or sinking funds and the making of provision for and the regulation and disposition of the reserves or sinking funds; (5) covenant with respect to or against limitations on a right to sell or otherwise dispose of property of any kind; (6) covenant as to bonds and notes to be issued, and their limitations, terms and conditions, and as to the custody, application, and disposition of the proceeds of the bonds and notes; (7) covenant as to the issuance of additional bonds or notes, or as to limitations on the issuance of additional bonds or notes and the incurring of the other debts; (8) covenant as to the payment of the principal of or interest on the bonds or notes, as to the sources and methods of the payment, as to the rank or priority of the bonds or notes with respect to a lien or security, or as to the acceleration of the maturity of the bonds or notes; (9) provide for the replacement of lost, stolen, destroyed, or mutilated bonds or notes; (10) covenant against extending the time for the payment of bonds or notes or interest on the bonds or notes; (11) covenant as to the redemption of bonds or notes and privileges of their exchange for other bonds or notes of the authority; (12) covenant to create or authorize the creation of special funds of money to be held in pledge or otherwise for operation expenses, payment or redemption of bonds or notes, reserves, or other purposes, and as to use and disposition of the money held in the funds; (13) establish the procedure, if any, by which the terms of any contract or covenant with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent to amendment or abrogation, and the manner in which the consent may be given; (14) covenant as to the custody of any of its properties or investments, their safekeeping and insurance, and the use and disposition of insurance money; (15) covenant as to the time or manner of enforcement or restraint from enforcement of any rights of the corporation arising by reason of or with respect to nonpayment of principal or interest of any mortgage loans or construction loans; Tlingit-Haida Regional Electrical Authority E4-4 Walker Lake Hydroelectric Project 62 (16) provide for the rights and liabilities, powers, and duties arising upon the breach of a covenant, condition, or obligation, and to prescribe the events of default and the terms and conditions upon which any or all of the bonds, notes, or other obligations of the authority become or may be declared due and payable before maturity and the terms and conditions upon which such a declaration and its consequences may be waived; (17) vest in a trustee or trustees inside or outside the state property, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of a trustee appointed by the holders of bonds or notes, and to limit or abrogate the right of the holders of bonds or notes of the authority to appoint a trustee under this chapter or limit the rights, powers, and duties of the trustee; (18) pay the costs or expenses incident to the enforcement of the bonds or notes or of the provisions of the resolution or of a covenant or agreement of the authority with the holders of its bonds or notes; (19) agree with a corporate trustee which may be a trust company or bank having the powers of a trust company inside or outside the state as to the pledging or assigning of revenue or funds to which or in which the authority has any rights or interest; and further provide for other rights and remedies exercisable by the trustee as may be proper for the protection of the holders of any bonds or notes of the authority and not otherwise in violation of law and may provide for the restriction of the rights of an individual holder of bonds or notes of the authority; (20) appoint and provide for the duties and obligations of a paying agent or other fiduciary, by resolution, inside or outside the state; (21) limit the rights of the holders of bonds or notes to enforce a pledge or covenant securing bonds or notes; (22) make covenants other than expressly authorized in this section, of like or different character, and to make covenants as may be necessary or desirable, to better secure bonds or notes or that, in the discretion of the authority, will tend to make bonds or notes more marketable, notwithstanding the fact that the covenants are not enumerated in this section. Sec. 18.57.060. Validity of pledge. The pledge of assets or revenue of the authority to the payment of the principal or interest of obligations of the authority is valid and binding from the time the pledge is made and assets or revenue pledged are immediately subject to the lien of the pledge without physical delivery or further action. The lien of a pledge is valid and binding against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether those parties have notice of the lien of the pledge. Nothing prohibits the authority from selling assets subject to a pledge, except that a sale may be restricted by the trust agreement or resolution providing for the issuance of the obligations. Sec. 18.57.070. Remedies. A holder of obligations or coupons attached to them issued under the provisions of this chapter, and a trustee under a trust agreement or resolution authorizing the issuance of the obligations, if not restricted by the trust agreement or resolution, either at law or in equity, may enforce all rights granted under the coupons or under the trust agreement or resolution, or under any other contract executed by the authority under this chapter, and may enforce and compel the performance of all duties required by this chapter or by the trust agreement or resolution to be performed by the authority or by an officer of it. Tlingit-Haida Regional Electrical Authority E4-5 Walker Lake Hydroelectric Project 0 Sec. 18.57.080. Negotiable instruments All obligations and interest coupons attached to the obligations are negotiable instruments under the laws of this state, subject only to applicable registration provisions. Sec. 18.57.090. Obligations eligible for investment. Obligations issued under the provisions of this chapter are securities in which all public officers and public bodies of the state and its political subdivisions, all insurance companies, trust companies, banking associations, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. These obligations may be deposited with the state or municipal officer of an agency or political subdivision of the state for any purpose for which the deposit of bonds, notes, or obligations of the state is authorized by law. Sec. 18.57,100. Refunding obligations. (a) The authority may provide for the issuance of refunding obligations for the purpose of refunding obligations then outstanding that have been issued under the provisions of this chapter, including the payment of redemption premium on them and interest accrued or to accrue to the date of redemption of the obligations. The issuance of the obligations, the maturities and other details of them, the rights of the holders of them, and the rights, duties, and obligations of the authority in respect of them are governed by the provisions of this chapter that relate to the issuance of appropriate obligations. (b) Refunding obligations may be sold or exchanged for outstanding obligations issued under this chapter. If sold, the proceeds may be applied, in addition to other authorized purposes, to the purchase, redemption, or payment of the outstanding obligations. Pending the application of the proceeds of the refunding obligations, with any other available funds, to the payment of the principal (accrued interest and any redemption premium on the obligations being refunded, and if so provided or permitted in the resolution authorizing the issuance of the refunding obligations or in the trust agreement securing them, to the payment of any interest on the refunding obligations and any expenses in connection with the refunding), the proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States that mature or that will be subject to redemption, at the option of the holders of them, not later than the respective dates when the proceeds, together with the interest accruing on them, will be required for the purposes intended. Sec. 18.57.110. Credit of state not pledged. Obligations issued under the provisions of this chapter do not constitute a debt, liability, or obligation of the state or of any other political subdivision of the state or a pledge of the faith and credit of the state or a political subdivision of the state but are payable solely from the revenue or assets of the authority. Each obligation issued under this chapter shall contain on its face a statement that the authority is not obligated to pay it nor the interest on it except from the revenue or assets pledged for it and that neither the faith and credit nor the taxing power of the state or of a political subdivision of the state is pledged to the payment of the principal of or interest on the obligation. Tlingit-Haida Regional Electrical Authority E4-6 Walker Lake Hydroelectric Project b4 Chapter 18.55, Article 04. REGIONAL NATIVE HOUSING AUTHORITIES See.18.55.995. Purpose and intent. The legislature finds that an acute shortage of housing and related facilities exists in the villages of the state and that adequate housing cannot be provided by the private sector due to the economic depression that exists in most villages of the state. It is the purpose and intent of the legislature to provide a means for certain Native associations to form public corporations with the powers and duties comparable to those provided in AS 18.55.100-18.55.960. Sec. 18.55.996. Creation of authorities. (a) The following associations are given the authority specified in (b) of this section: (1) Arctic Slope Native Association (Barrow and Point Hope); (2) Kawerak, Inc. (Seward Peninsula, Unalakleet, St. Lawrence Island); (3) Northwest Alaska Native Association (Kotzebue); (4) Association of Village Council Presidents (southwest coast of Alaska including all villages in the Bethel area and all villages on the Lower Yukon River and Lower Kuskokwim River); (5) Tanana Chiefs Conference (Koyukuk, the middle and upper Yukon River villages, and the upper Kuskokwim and Tanana River villages); (6) Cook Inlet Tribal Council (Kenai, Tyonek, Eklutna, and Seldovia); (7) Bristol Bay Native Association (Dillingham, Upper Alaska Peninsula); (8) Aleut League (Aleutian Islands, Pribilof Islands, and that part of the Alaska Peninsula that is in the Aleut League); (9) North Pacific Rim Native Corp. (Cordova, Tatitlek, Port Graham, English Bay, Valdez, Seward, Eyak, and Chenega); (10) Tlingit-Haida Central Council or Alaska Native Brotherhood (Southeastern Alaska); (11) Kodiak Area Native Association (all villages on and around Kodiak Island); (12) Copper River Native Association (Copper Center, Glennallen, Chitina, and Mentasta); (13) Alaska Federation of Natives, Inc.; (14) Sitka Community Association (Baranof and Japonski Island); (15) Metlakatla Indian Community (Metlakatla); (16) Ketchikan Indian Corporation (Ketchikan area, excluding Saxman). Tlingit-Haida Regional Electrical Authority E4-7 Walker Lake Hydroelectric Project CENTRAL COUNCIL ANDRE1W P. HOPE BUILDING 320 brief Willoughby Avenue Juneau, Alackm 99601-1726 rrribu9S 0 f X&Sk4 o Suite 300 Executive Council Of the Central Council TLWrjrf AND RAMA MMIAN TRIBES OF ALASKA Recalution EC/ 12-26 Tifltr Auttoriza= for the Operation of Tlingit -Heide Regional Electrical Authority WHEREAS, the Central Council of Tliaidt end Haider Indian Tribes of Alas (Central Council) is a federally recognized tribe of mote than 28,000 tribal citizen worldwide; and WHEREAS, the Central Council is involved the development of housing, roads, utilities, industrial development and commercial enterprises throughout Southeast Alaatza; and WHERE'4S, the Ceahtral COv=il is luadeT AS 18.55.996(a) and AS 18.57.010 as the awf"Etion eMpouwr'd to maize a regional electrical authority to tra nW business and exercise the powexs Weeded to regional elegy authorities under AS 18.57.010-.110; and WHEREAS, by Resolution No. 75-76-3, dated June 21, 1975, the Central Council authorized the opm%doa of the Tlingit-Hcida Regional Electrical Authority; and WHEREAS, the Tlingit Haida Regional Electrical Authority commenced operation and provided electric generation and distribution sviexs in various communities thioughout Southeast Alaska until transferring its assets and operation b Inside Passage Electric Coopuative, Inc., which assumed operations beginning in 2004, and WHEREAS, there is now a need for the Tlingit-Haida Regional Electrical Authority to participate in exploring the development of Souditeest Alaska's hydroelectric m urees and otherwise exercise the power granted to it under AS 19.57.010-.110, NOW, THEREFORE, BE IT RESOLVED, by the Executive Council of the Central Council that them is need for a regional electrical authority to function in the operating ate of Sottbeaat Alaska; and BE IT FURTHER RESOLVED, that punumt to the authority vented in the Central Council under AS I &55.996(a) and AS 19.57.010, die Tllngit Haider Regional Electrical Authority is hereby authorized and directed to fuection under the aforemeatoaed statutes, and Exhibit 5 Page 1 of 2 TEL 907-60M432 www.ecthf.org TOLL FREE 8W344.1482 REPRESENTATION REGARDING FELONY CONVECTION OR TAX DELINQUENT STATUS FOR CORPORATE APPLICANTS Awards made under this [announcement/program] are subject to the provisions contained in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2012, P.L. No. 112-55, Division A, Sections 738 and 739, regarding corporate felony convictions and corporate federal tax delinquencies. TO comply with these provisions, ALL applicants must complete paragraph (1) of this representation, AND all corporate applicants also must complete paragraphs (2) and (3) of this representation. (])Applicant Tlingit-Haida RE nsert a ] applicant name is X is _ (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, and the U.S. Virgin Islands. (Note that this includes both for - profit and non-profit organizations.) If Applicant checked "is" above, Applicant must complete paragraphs (2) and (3) or the representation. If Applicant checked "is not" above, Applicant may leave the remainder of the representation blank. (2) ApplicantTlingit-Haida REA[insert applicant name] has _has not X (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of the application. Applicant has _ has not X (check one) had any officer or agent of Applicant convicted of a felony criminal violation for actions taken on behalf of Applicant under Federal or State law in the 24 months preceding the date of signature. (3) Applicant Tlingit-Haida RE4insert applicant name] has —does not have X (check one) any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. By: Title: Chairman Date: July 30, 2012 92