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HomeMy WebLinkAboutResolutions - 1991.09.26 - 18845Miscellaneous Resolution # 91188 September 12, 1991 BY: Planning and Building Committee RE: Solid Waste - Power Purchase Agreement by Detroit Edison TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Oakland County Board of Commissioners has approved a comprehensive solid waste system which includes a materials resource recovery facility, waste to energy facility, landfill capacities, composting facility and other supplemental programs; and WHEREAS, the County has developed and adopted the various necessary legal contractual components to implement the system; and WHEREAS, a power purchase agreement with Detroit Edison for electric energy produced by the waste to energy facility is a necessary component to the total system; and WHEREAS, such an agreement has been negotiated with Detroit Edison. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes and directs the Chairperson of the Oakland County Board of Commissioners and the County Executive to execute the attached agreement with Detroit Edison for their purchase of electric energy from Oakland County. BE IT FURTHER RESOLVED that such contract shall not be submitted to the Michigan Public Services Commission for approval, nor shall costs of the approval process be incurred, until after November 5, 1991. Mr. Chairperson, on behalf of the Planning and Building Committee, I move adoption of the foregoing resolution. ' Planning and Building Committee OAKLAND COUNTY BOARD OF COMMISSIONERS 1200 NORTH TELEGRAPH ROAD - PONTIAC, MICHIGAN 48341-1043 (313) 858-0100 FAX: (313) 858-1572 DETROIT EDISON CONTRACT Exhibits A, G, & N were included with the original contract when presented to Planning & Building. Item N is now finalized. Exhibit 9,, was included by the Finance Committee. Exhibits, B through F, G through Mf Of andQ, are included but have not been reviewed by any committee. Exhibit P is not available. 2 3 4 5 9 September 26, 1991 FISCAL NOTE BY: IN RE: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON SOLID WASTE - POWER PURCHASE AGREEMENT BY DETROIT EDISON - MISCELLANEOUS RESOLUTION # 91188 TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-G of this Board, the Finance Committee has reviewed Miscellaneous Resolution #91188 and finds: 1) The 35 year agreement pays the County at least $0.0575 per kilowatthour generated by the County's proposed Waste-to-Energy facility, provided certain minimum operating conditions are met; The rate consists of two parts: a Capacity payment and Electric Energy payment; The Capacity payment has two components as follows: A) A Levelized Capacity Component which is $0.0354 per kilowatthour for energy delivered up to the Maximum Net Electric Capacity provided the county meets certain minimum operating conditions; B) An operations and maintenance component which is the average non- fuel O&M cost per net electric generation at Detroit Edison's Belle River Units 1 & 2 which is calculated annually; The Electric Energy payment for all energy provided shall be the average annual cost of fuel burned per kilowatthour on net electric generation at Detroit Edison's Belle River Units 1 & 2 and shall be adjusted annually; The County will deposit $0.005 per kilowatthour into an escrow account for the first 20 years of the contract to cover any potential claim because of payments made by Detroit Edison to the County and these funds with all interest shall be returned to the County during the 26 through 35 years of the contract; 6) The County shall pay Detroit Edison an administrative charge of $0.001 per kilowatthour but not less than $150,000 and not more than $250,000 annually (the minimum and maximum amounts shall be adjusted annually); 7) There are no financial implications at this time therefore no budget amendments are required; 8) The Finance Committee recommends the resolution and the contract with the following contract change: A) Add Exhibit R as attached which shall serve to clarify the liability limit as stated in Section 7.4.1. This contract shall not be submitted to the Michigan Public Service Commission unless there is an affirmative vote by the people on the Solid Waste Bond Referendum on November 5, 1991. Fixianc Committee Resolution # 91188 SEPTEMBER 26, 1991 Moved by Crake supported by Palmer the resolution be adopted. Discussion followed. Vote on resolution: AYES: McPherson, Millard, Moffitt, Oaks, Palmer, Pappageorge, Rewold, Schmid, Serra, Skarritt, Aaron, Caddell, Crake, Ferrens, Gosling, Nuntoon; Johnson, Krause, Law, McConnell, McCulloch. (21) NAYS: Bishop. (1) ABSTAIN: Wolf. (1) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND I, Lynn D. Allen, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County ,Board of Commissioners on September 26, 1991 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 26th . day of—) September ..2.; 1991 6-p v, 4 Lynn/J. Allen, County Clerk