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RESOLUTION NO. 2009-42 <br />RESOLUTION RELATING TO THE ICE ENERGY PROJECT: <br />(I)AUTHORIZING THE NEGOTIATION, EXECUTION AND DELIVERY <br />OF A PLANNING AND DEVELOPMENT AGREEMENT BETWEEN THE <br />SOUTHERN CALIFORNIA PUBLIC POWER AUTHORITY ("SCPPA") <br />AND THOSE SCPPA MEMBERS WHICH DESIRE TO CARRY OUT <br />PLANNING, DEVELOPMENT AND PRECONSTRUCTION WORK <br />PURSUANT TO SUCH AGREEMENT FOR THE PURPOSE OF <br />PLANNING AND DEVELOPMENT OF THE ICE ENERGY PROJECT; <br />(11) AUTHORIZING CERTAIN RELATED ACTIONS; AND (IH) <br />AUTHORIZING THE OFFICERS OF THE AUTHORITY TO DO ALL <br />OTHER THINGS DEEMED NECESSARY OR ADVISABLE <br />WHEREAS, the Southern California Public Power Authority (referred to herein as <br />"SCPPA" or "the Authority") was created pursuant to provisions contained in the joint exercise <br />of powers act found in Chapter 5 of Division 7 of Title 1 of the Government Code of California, <br />as amended from time to time (the "Act"), by its members, which are municipalities and an <br />irrigation district that supply electricity in the State of California, for the purpose of jointly and <br />cooperatively undertaking planning, financing, development, acquisition, construction, <br />reconstruction, improvement, enlargement, betterment, operation and maintenance of projects for <br />the generation or transmission of electric energy, including generation saving technologies in <br />accordance with the Act. <br />WHEREAS, Pursuant to the Act, and pursuant to the Joint Powers Agreement between <br />SCPPA and its members dated as of November 1, 1980 as amended, SCPPA was created and <br />formed as a separate and distinct public entity apart from its members; and <br />WHEREAS, Pursuant to the terns of the Act, and the Joint Powers Agreement <br />constituting SCPPA's formative instrument, SCPPA has the power to plan, develop, finance, <br />own, acquire, design, construct, operate, maintain and repair electric generation or transmission <br />projects or cause such projects to be planned, developed, financed, designed, constructed, <br />operated, maintained and repaired, and to provide by agreement to perform such activities; and <br />WHEREAS, the members of SCPPA are California municipalities which provide electric <br />energy to their citizens through their municipally owned electric systems. The member <br />municipalities participating in the Ice Energy Project desire to provide a vehicle for the <br />deployment of generation conserving technologies to better provide for the prudent planning and <br />carrying forth of future generation resource requirements; and <br />WHEREAS, SCPPA and the members participating in the Ice Energy Project desire to <br />investigate, plan, design, and develop and provide for the eventual financing, procurement, <br />acquisition, deployment and operation of an integrated power supply and peak demand reduction <br />technology which effectively conserves daytime energy generation resources. This peak <br />reduction is contemplated to be accomplished by utilizing electric energy to produce ice at night <br />during off-peak hours. This ice is then used to cool refrigerant and provide air conditioning <br />during the day. The process is designed to achieve generation reductions during peak hours by <br />eliminating the electric load of the compressor and condensing units of commercial air <br />