File #: ID 17-543    Version: 1 Name:
Type: Ordinance
File created: 4/14/2017 In control: City Council
On agenda: 5/2/2017 Final action:
Title: Consider adoption of an ordinance of the City of Denton, Texas, authorizing a waiver for the Texas Municipal Power Agency's (TMPA) decommissioning plan deadline for the Gibbons Creek power plant, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned; and providing an effective date. The Public Utilities Board recommends approval (6-0).
Attachments: 1. Ordinance Decommissioning Plan
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Agenda Information Sheet

DEPARTMENT: Denton Municipal Electric

CM/ ACM: Todd Hileman

Date: May 2, 2017

SUBJECT
Title
Consider adoption of an ordinance of the City of Denton, Texas, authorizing a waiver for the Texas Municipal Power Agency's (TMPA) decommissioning plan deadline for the Gibbons Creek power plant, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned; and providing an effective date. The Public Utilities Board recommends approval (6-0).
Body

BACKGROUND

The City of Denton is a member of the Texas Municipal Power Agency that owns transmission, generation, and related assets that deliver electric power to TMPA member cities (City of Denton, City of Bryan, City of Garland, City of Greenville). On June 28, 2016, the City Council of Denton, as a member city of the TMPA, authorized adoption of a Joint Operations Agreement (JOA), as did the other TMPA member cities on various dates. The JOA sets forth the governance rules for how the member cities wish TMPA to conduct its business. Section 5.3.1 of the JOA requires TMPA to develop a decommissioning plan for its Gibbons Creek power plant within 12 months of the adoption of the agreement. Based on the effective date of the JOA, that deadline is on or about September 1, 2017.

Due to the ongoing negotiations between TMPA and a potential buyer of the Gibbons Creek plant, the decommissioning plan development may not be necessary. Therefore, the deadline for decommissioning should be delayed via waiver authorized by the TMPA member cities. A deadline waiver would constitute a modification of the JOA. The agreement states that such a modification may be accomplished only upon the mutual consent of all of the member cities, in writing.

TMPA is requesting that its member cities authorize a waiver of the power plant decommissioning deadline, pending TMPA's ongoing efforts to sell the power plant.

OPTIONS

1. Adopt an ordinanc...

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