APA Resolution Review

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2007   No Resolutions Introduced

Resolution 08-01 – Harvey W. Boyce – Appreciation
Resolution 08-02 – James P. Bartlett – Appreciation
Resolution 08-03 – Michael Francis – Appreciation
Resolution 08-04 – Check Signing (Superseded by Resolution 09-02)
Resolution 08-05 – Proposed First Amendment to Power Sales Contract – CAWCD Levelized Billing Option

Resolution 09-01 – Wendy Feldman-Kerr – Appreciation
Resolution 09-02 – Check Signing (Superseded by Resolution 10-02)

Resolution 10-01 – Delbert Lewis – Appreciation
Resolution 10-02 – Check Signing (Superseded by Resolution 11-01)
Resolution 10-03 – Power Supply, Interconnection, and Operation, Maintenance and Replacement Agreements between ED #3 of Pinal County, Arizona and Arizona Public Service
Resolution 11-01 – Check Signing (Superseded by Resolution 12-04)
Resolution 11-02 – Scheduling Entity Agreement – Allocation of Funds and Use of Banking Procedure – NOT ADOPTED
Resolution 11-03 – Proposed Merger of ED #5 of Maricopa County, and ED #6, Pinal County, State of Arizona and Assignment of Relevant Power Purchase Certificate and Power Sales Contract
Resolution 12-01 – Tommy Kinsey – Appreciation
Resolution 12-02 – Approval of the Description of Exterior Boundaries of the Territory under the Amended and Consolidated Power Purchase Certificate for ED #6, Pinal County, State of Arizona
Resolution 12-03 – Issuance of an Amended and Consolidated Power Purchase Certificate to ED #6, Pinal County, State of Arizona
Resolution 12-04 – Check Signing (Superseded by Resolution 13-01)
Resolution 12-05 – Jean McGrath – Appreciation
Resolution 13-01 – Check Signing (Superseded by Resolution 14-03)
Resolution 13-02 – Proposed Amendment to each Customer’s Power Sales Contact for Hoover Visitor Center/Air Slots Refinancing
Resolution 13-03 – 2014 Holiday Schedule Exchange – Columbus Day (APA Policy)
Resolution 14-01 – General John Hudson – Appreciation
Resolution 14-02 – Authorizing the Loan & Security Agreement for short-term Line of Credit to fund the Hoover Visitor Center/Air Slots Refinancing pay down in anticipation of issuance of the revenue bonds
Resolution 14-03 – Check Signing (Superseded by Resolution 15-16)
Resolution 14-04 – Appointment of Susan Angulo as APA Secretary (Superseded by Resolution 15-21)
2014 (Continued)
Resolution 14-05 – Ex Parte Communication (Remained In Effect until the Authority published the Final Allocation Plan for Post-2017 Hoover Power and until any administrative or judicial review of the Final Allocation Plan has concluded)
Resolution 14-06 – Authorizing the Power Resource Revenue Bonds 2014 Series (Hoover Prepayment Project) (Federally Taxable Seventh Supplemental Resolution)
Resolution 14-07 – Policy Direction to Consultants Regarding the Preliminary Process for the Allocation of Post-2017 Hoover Power

Resolution 15-01 – Joint Applications (The Authority will, on a preliminary basis accept joint applications for electric service)
Resolution 15-02 – New Districts (a district must be formed as of the due date for the application for electric service to be eligible as a “district”, as that term is defined for purposes of Title 30 of the ARS, for a proposed allocation of Post-2017 Hoover power.
Resolution 15-03 – Financial Consideration (the Preliminary Proposal will be developed with a requirement that customers that receive a proposed allocation of Post-2017 Hoover power must provide assurance of their financial ability to pay under the terms of a power sales contract)
Resolution 15-04 – Schedule C Power (the Preliminary Proposal will be developed based on the premise that excess energy that becomes available under Schedule C will be offered first to Post-2017 Schedule B customers to increase their capacity factor equal to the Schedule A capacity factor, and then any remaining Schedule C energy will be offered to Post-2017 Schedule D customers to increase their capacity factor equal to the Schedule A capacity factor. The balance of excess energy, if any, that becomes available under Schedule C, after it has been first offered to Schedule B and D customers will be offered to all Post-2017 customers)
Resolution 15-05 – Contract Term and Modification Clause (the Preliminary Proposal will be developed based on the premise that the power sales contracts will be for a term of 50 years, but will contain a “termination” provision that will allow the Commission to terminate the contracts upon 5 years prior written notice at any time after the initial 20-year period of the contracts)
Resolution 15-06 – Minimum Allocation Requirement (the Preliminary Proposal will be developed without consideration of a minimum allocation threshold.  That is, if an allocation methodology does not yield a minimum allocation of 100kW, then the Authority has the discretion to raise the allocation of an entity receiving less than 100kW under the allocation methodology to 100 kW by decreasing other entities’ allocations in some manner)
Resolution 15-07 – Reimbursement Scheme (the Commission is inclined to require “new” customers, i.e., entities that receive an allocation of Post-2017 Hoover power but did not receive a Post-1987 Hoover power allocation, to true up two categories of costs: Hoover Dam repayable advances, and costs incurred for the Post-2017 Hoover Power Allocation Process. The Commission will reconsider this issue once it has published a final allocation plan)
Resolution 15-08 – Excess Federal Resource Test (the Preliminary Proposal will be developed based, in part, on the implementation of an “excess federal Resource test” that uses SHP as the relevant number for Colorado River Storage Project CRSP power allocations)
Resolution 15-09 – Red Book (in the event that the Preliminary Proposal, or the final allocation, differs from the Red Book, the Commission will identify where the Preliminary Proposal differs from the Red Book and provide the rationale for proceeding in this manner)
Resolution 15-10 – Definition of a District (the Preliminary Proposal will be developed based upon the definition of a “district” and supporting analysis set forth in section IV.A.2.a of the Final Draft Plan)
Resolution 15-11 – Interpretation A.R.S. Sections 45-1078 & 45-1710 (the Preliminary Proposal will be developed based upon the interpretation of sections 45-1708 and 45-1710 of the ARS set forth in section IV.B.1 of the Final Draft Plan)
Resolution 15-12 – Interpretation of New Allottees (the Preliminary Proposal will be developed upon the premise that an entity may receive an allocation of Post -2017 D-2 power if it did not receive an allocation of Post-1987 Schedule A or B power, and if it does not receive an allocation of Post-2017 Schedule A or B power.  Additionally, the Preliminary Process will be developed based upon the premise that an entity that received an allocation of Post-2017 power from WAPA (D-1 power) may not receive an allocation of Post-2017 Schedule A or B power from the Authority)
Resolution 15-13 – Allocation of D-2 Power (the Preliminary Proposal will be developed based on an allocation of Post-2017 D-2 power pursuant to the broad statutory provisions of Title 30 and Title 45 of the ARS 30-101 to 30-228; ARS 45-1701 to 45-1722)
Resolution 15-14 – Substantiation of Data (the application for electric service will require that data reported in the “Power Usage History” section be substantiated with documentation. An example of acceptable documentation includes power bills generated by the applicant for its customers, or generated by a third party. The Authority will review and evaluate the merits of all the applications and accompanying documentation received by the due date)
Resolution 15-15 – Opportunity to Cure Deficient Applications (shortly after the deadline to submit applications for electric service, the Authority will conduct a preliminary review of the submitted applications.  The Authority will notify an applicant if the application is defective and give the applicant seven calendar days after electronic notification to cure the identified defect. Other than any initial notification of deficiency, the Authority will not comment on or indicate the completeness or adequacy of any application until it issues its final allocation plan. The Authority does NOT adopt the recommendation in the Final Draft Plan that an application should be deemed “administratively complete” if the Authority does not identify any deficiency within 14 calendar days)
Resolution 15-16 – Check Signing (Superseded by Resolution 15-22)
Resolution 15-17 – Policy on Bill Credit Arrangements (as a method of demonstrating capability to deliver Post-2017 Hoover power, a recipient of a Post-2017 Hoover power allocation (hereinafter referred to as an “allottee”) may use a bill crediting arrangement.  The arrangement must be implemented through an agreement between an allottee and a load-serving entity, which must be approved by the Authority, The Authority shall not unreasonably withhold approval of any agreement)
Resolution 15-18 – Collection and Distribution of Repayable Advances (each Power Sales Contract that the Authority signs with a New Customer or Recapture Customer shall require the New Customer of Recapture Customer, as applicable, to agree to pay a pro-rata share of the Repayable Advances to the Authority which share shall be calculated according to the formula in Section 6.4.2 of the Implementation Agreement.  Each New Customer and Recapture Customer’s obligation to make such payments will exist for no more than five years commencing October 1, 2017.  The Authority will bill monthly in arrears for this five year period starting at the end of the first month)
Resolution 15-19 – Policy on Transmission for Post-2017 (beginning October 1, 2017 (hereinafter, “Post -2017”), the Authority will unbundle the costs of transmission and the Hoover Resource. Customers not requiring transmission service to be coordinated and procured by the Authority will not pay the Authority for transmission service.  Customers requiring some or all of their transmission service to be coordinated and procured by the Authority will pay for that transmission service. The Authority will contract, as needed, with Western for the transmission necessary to deliver Post-2017 Hoover power over the Parker-Davis System and Intertie System upon request of any Customer)
Resolution 15-20 – Policy on collection and distribution of legal and engineering consulting expenses for the Post-2017 Hoover Power Allocation Process (it is not in the best interest of the Authority or its Existing Non-Recapture Customers for the Authority to collect a pro-rata share of the Consulting Expenses from New Customers or Recapture Customers and distribute these collections to Existing Non-Recapture Customers.  The Authority will neither collect a pro-rata share of the Consulting Expenses from New Customers or Recapture Customers, nor reimburse the Existing Non-Recapture Customers for any of the Consulting Expenses)
Resolution 15-21 – Appointment of Heather Cole as APA Secretary
Resolution 15-22 – Check Signing (Superseded by Resolution 16-02)
Resolution 16-01 – James Horton – Appreciation
Resolution 16-02 – Check Signing (Superseded by Resolution 16-05)
Resolution 16-03 – Richard Walden – Appreciation
Resolution 16-04 – Marcia Kennedy – Appreciation
Resolution 16-05 – Check Signing (Superseded by Resolution 17-02)
Resolution 16-06 – Hoover Power Reallocation Policy (the Authority will distribute Unaccepted Hoover Power – Schedule A, Schedule B, Schedule D-2 and Schedule D-1)
Resolution 16-07 – PSC Post Consolidation ED4 – ED5 (the Authority will issue a new consolidated PSC to ED4 which will include, in Exhibit B, the combined capacity and energy allocations previously provided to ED4 and ED5.  Upon execution of the PSC by the Authority and ED4, the Authority will issue a revised Attachment 1 to the PSC that will include only ED4 with the combined allocations of both ED4 and ED5, but will not include any reference to ED5. The Authority herby revokes the initial offers as set forth in the PSCs previously provided to ED4 and ED5 Respectively.)
Resolution 16-08 – Joe Albo – Appreciation
Resolution 16-09 – Robert Johnson – Appreciation
Resolution 16-10 – APA Policy Conflict of Interest (APA Policy)
Resolution 16-11 – APA Policy Procurement Goods & Services (APA Policy)
Resolution 16-12 – APA Policy Procurement of Employees (APA Policy)
Resolution 16-13 – Extension of Resource Exchange Program (Extension of the Resource Exchange Program retroactively from September 30, 2011 through September 30, 2017 to coincide with the extension of the Scheduling Entity Agreement with Salt River Project through September 30, 2017)
Resolution 16-14 – APA Policy Procurement of Personal Services (APA Policy)

Resolution 17-01 – Consolidation of Electrical Districts (Pursuant to Section (c) of the Power Sales Contract the Authority determines that the sale and other disposition of the business and utility operations of ED5 to ED4 will not adversely affect the value of the Power Sales Contract as security for the payment of the Bonds (as defined in the Power Sales Contract).  This Resolution shall take effect upon the satisfaction of the conditions contained in 9(c) of the Power Sales Contract)
Resolution 17-02 – Check Signing (Superseded by Resolution 17-05)
Resolution 17-03 – APA Policy Regarding Reimbursement (APA Policy)
Resolution 17-04 – APA Policy Regarding Values (APA Policy)
Resolution 17-05 – Check Signing, Electronic Review (Supersedes All Previous Check Signing Resolutions)
Resolution 17-06 – J. Donald Porter – Appreciation

Resolution 18-01 – Check Signing (Removes John Underhill as signer)
Resolution 18-02 – David P. Slick – Appreciation
Resolution 18-03 – John T. Underhill, Jr. – Appreciation
Resolution 18-04 – Authorizing Amendment No. 1 to Continuing Disclosure Agreement between the Authority and The Bank of New York Mellon Trust Company, N.A. Amendment of the definition of Fiscal Year contained in the original agreement because the annual audit obtained by the Authority to comply with State law also meets the audit requirements of the Original Agreement.
Resolution 18-05 – Transitional Items – Cost Impact Mitigation Option – the Authority will pay the $595,845.10 for Transitional Items, which is 316% greater than the initial estimate provided by the Bureau of Reclamation, under protest. The Commission will consider requests from APA Customers to pay their share of Transitional Items over a period of time not to exceed five years. Payments made after the 2018 contract year will accrue interest at 2%. Customers must execute a Power Sales Contract amendment, in a form approved by the Commission, by August 21, 2018.
Resolution 18-06 – James “Jim” Henness – Appreciation
Resolution 18-07 – Executive Director & Commissioner Succession Plan
Resolution 18-08 – Stephen M. Brophy – Appreciation
Resolution 18-09 – Check Signing – (Removes Stephen Brophy as signer, Added Drew John as signer)

Resolution 19-01 – Checking Signing (Update Drew John Appointment Date)

Resolution 20-01 – APA Reimbursement Policy
Resolution 20-01-001 – APA Reimbursement Policy – Revised
Resolution 20-02 – Amendment to Continuing Disclosure Agreement

Resolution 21-01 – Check Signing (Removed Drew John as signer, Added Phil Bashaw & Kim Owens as signers)

Resolution 22-01 – Check Signing (Removes Ed Gerak as signer, Adds Jordy Fuentes as signer)