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<br />City of Martinsville, Virginia <br /> <br />Ordinance No. 2009-05 <br /> <br />BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in Regular Session held <br />on February 10, 2009, dispensing with a second reading such that this Ordinance shall take effect <br />immediately, that Section 7-13 be added to Chapter 7 of the Code of the City of Martinsville to <br />read as follows: <br /> <br />Sec. 7-13. <br /> <br />City alone to aggregate demand response of retail customers in accordance <br />with FERC order 719. <br /> <br />WHEREAS, the City of MartinsviII e, Virginia (hereinafter "City") owns and <br />operates an electric utility system for the sale of electric power and associated <br />energy for the benefit of its citizens and taxpayers; and <br /> <br />WHEREAS, On October 28, 2008 the Federal Energy Regulatory Commission <br />("FERC" or "Commission") issued Order No. 719,125 FERC, 61,071,73 Fed. <br />Reg. 64,099 ("Order 719"). <br /> <br />WHEREAS, Order 719,18 C.F.R. ~ 35.28(g)(1)(iii) provides: "Each <br /> <br />Commission-approved independent system operator and regional transmission <br />organization must permit a qualified aggregator of retail customers to bid demand <br />response on behalf of retail customers directly into the Commission-approved <br />independent system operator's or regional transmission organization's organized <br />markets, unless the laws and regulations of the relevant electric retail regulatory <br />authority expressly do not permit a retail customer to participate." <br /> <br />WHEREAS, Order No. 719, 18 C.F.R. ~ 35.28(g)(1)(i)(A) provides: "Every <br /> <br />Commission-approved independent system operator or regional transmission <br />organization that operates organized markets based on competitive bidding for <br />energy imbalance, spinning reserves, supplemental reserves, reactive power and <br />voltage controL or regulation and frequency response ancillary services (or its <br />functional equivalent in the Commission-approved independent system operator's <br />