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Council Members <br /> Mark A. Crabtree, Mayor <br />M. Gene Teague, Vice-Mayor <br />Bruce H. T. Dallas <br /> J. Ronald Ferrill <br /> Terry L. Roop <br /> <br />Martinsville <br />A CITY WITHOUT LIMITS <br /> <br /> RESOLUTION <br />AUTHORIZING ELECTRIC SERVICE <br />CONTRACT EXTENSION <br /> <br /> CiO, Manager <br />Earl B. Reynolds, Jr. <br /> <br /> Cio' Attorney <br /> David B. Worthy <br /> <br /> Clerk of Council <br />Johnathan B. Phillips <br /> <br /> WHEREAS, the VML/VACo-Appalachian Power Company (APCo) Steering Committee <br />(the "Committee") comprised of representatives of local governments and political subdivisions <br />has for many years negotiated on behalf of such governmental units within the service area of <br />APCo the terms of standard contract forms which have included rates for the purchase of <br />electricity supply and delivery service and for the installatiOn, maintenance and delivery service <br />for street lights by and for said governmental units from APCo as a single source provider; and <br /> <br /> WHEREAS, the most recent such contracts for the period beginning July t, 2000 will <br />terminate on June 30, 2002; and <br /> <br /> WHEREAS, on or about February 12, 2001, APCo agreed with the Committee to extend <br />the term of such contracts to December 31, 2003 at rates set forth in the Company's Schedule 17 <br />on file with the Virginia State Corporation Commission (the "Commission") and; <br /> <br /> WHEREAS, on or about July 24, 2001, American Electric Power Co. ("AEP"), parent <br />corporation of APCo, filed a proceeding in the Federal Energy Regulation Commission <br />("FERC") seeking approval of amendment of its intercompany agreement which inter alia affects <br />the supply and computation of the price for electricity furnished to APCo in excess of that <br />produced by APCo, in which proceeding the Steering Committee and the Town of Wytheville <br />appeared and objected; and <br /> <br /> WHEREAS, in consideration of the Committee and the Town of Wytheville agreeing to a <br />negotiated settlement of the FERC proceeding which provides substantial protection against <br />potential escalation of the fuel factor which is a component of APCo's total pricing for electricity <br />supplied to its retail customers, including the governmental units, APCo has granted to the <br />governmental units the election to (1) terminate the current contracts on June 30, 2002, or <br />(2) extend the contracts at Schedule 17 rates to December 31, 2003 pursuant to the offer dated <br />February 12, 2001, or (3)(a) to extend the current contracts through June 30, 2007, at rates <br />contained in APCo's unbundled Standard Rate Schedules, or any successor or replacement <br />schedules then on file and approved by the Commission; and (b) to extend street light service at <br />rates as in effect July 1, 2000, but subject to changes in the fuel factor; provided that election (3) <br />is conditioned upon the governmental unit so electing, notifying APCo of its election within 90 <br />days of December 18, 2001, that (i) it has chosen APCo to provide generation service through <br />June 30, 2007, and (ii) that it will not chose a different supplier prior to such date; and (iii) it will <br />not request the Commission to determine rates and provisions for default service different from <br />that provided under its contract, as amended by election (3); and <br /> <br />55 West Church Street P.O. Box 1112 Martinsville, VA 24114-1112 540-656-5180 540-656-5280 FAX <br /> www.ci.martinsville.va.us <br /> <br /> <br />