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HomeMy WebLinkAbout20151231Application.pdfROCKY MOUNTAINij,ilrriER RECT iYEi) Aon'rsror{oFmcFrcoRP Mo7 w. North Temple, Suite 310 December 3t,2ot5 ?fl15 0EC 3 i t'H 9: h2 sar Lake citv' Utah 8416 uTrJr?ir[rio..ffir!siorr VIA OWRNIGHT DELIVERY Jean D. Jewell Commission Secretary Idaho Public Utilities Commission 472W. Washington Boise,lD 83702 Re: CASE NO. PAC-E-15-17 IN THE MATTER OF THE APPLICATION OX'ROCKY MOUNTAIN POWER FOR APPROVAL OF THE DISPOSITION OF CERTAIN FACILITIES PURSUANT TO A PURCHASE AND TRANSFER AGREEMENT WITH NAVAJO TRIBAL UTILITY AUTHORITY. Dear Ms. Jewell: Enclosed for filing in the above mentioned matter are seven (7) copies of Rocky Mountain Power's Application for approval of Purchase and Transfer Agreement with the Navajo Tribal Authority. Very truly yours, br'Wre Y-.'/,,/At"- l r*, Jeffrey K. Larsen Vice President, Regulation Enclosures Yvonne R. Hogle 0SB# 8930) Rocky Mountain Power 1407 W. North Temple, Suite 320 Salt Lake City, UT 84116 (801) 220-4050 (801)220-3299 (fax) Robert.Richards@pacifi corp.com Yvonne.Ho gle@fracifi com. com Attorneys for Rocky Mountain Power IN THE MATTER OF THE APPLICATION OF ROCKY MOUNTAIN POWER FOR APPROVAL OF THE DISPOSITION OF CERTAIN FACILITIES PURSUANT TO A PURCHASE AND TRANSFER AGREEMENT WITH NAVAJO TRIBAL UTILITY AUTHORITY i r f \ _ l ri'f !.'rl :'.l" ! ?iili IiC 3 I f,t{ 9: tr2 t'1 1 t,l "', l. : l-i: I r 'tr./1'ri \r | \'rrl ;T I LIT' i:$ C..i'ii i i;tS lCii BEFORE THE IDAHO PUBLIC UTILITES COMMISSION CASE NO. PAC.E.15.17 APPLICATION OF ROCKY MOLTNTAIN POWER PacifiCorp doing business as Rocky Mountain Power ("Rocky Mountain Power" or the "Company"), pursuant to I.C. $ 61-328, hereby respectfully submits this application ("Application") to the ldaho Public Utilities Commission ("Commission") and respectfully requests that the Commission approve the Company's sale of approximately 30 miles of 69 kV transmission line and associated substations pursuant to the Purchase and Transfer Agreement ("PTA") entered into between Rocky Mountain Power and the Navajo Tribal Utility Authority ('NTUA") attached as Confidential Attachment 1. I. INTRODUCTION l. PacifiCorp is an Oregon corporation that provides electric service to retail customers through its Rocky Mountain Power division in the states of Idaho, Utah and Wyoming, and through its Pacific Power division in the states of Oregon, California, and Washington. 2. Rocky Mountain Power is a public utility in the state of ldaho and is subject to the Commission's jurisdiction with respect to its prices and terms of electric service to retail customers in Idaho. 3. Communications regarding this Ted Weston Idaho Regulatory Affairs Manager Rocky Mountain Power 1407 W. North Temple, Suite 330 Salt Lake City, UT 84116 Telephone: (80 1) 220-2963 E-mail : ted.weston@pacifi corp. com filing should be addressed to: Yvonne R. Hogle Rocky Mountain Power 1407 West North Temple, Suite 320 Salt Lake City, Utah 84116 Telephone: (801) 220-4050 Email : robert.richards@f acifi corp. com yvonne.ho gle@f acifi corp. com In addition, Rocky Mountain Power requests that all data requests regarding this filing be sent in Microsoft Word or plain text format to the following: By email (prefened) : datarequest@,pacificom.com By regular mail: Data Request Response Center PacifiCorp 825 NE Multnomah, Suite 2000 Portland, Oregon 97232 Informal questions may be directed to Ted Weston, Idaho Regulatory Affairs Manager at (801) 220-2963. il. BACKGROUND 4. Rocky Mountain Power has provided service to certain customers located within a portion of the Navajo Nation ('Nation" or o'Navajo Nation") in San Juan County, Utah, for many years. This service has been provided with the consent of the Nation and pursuant to the Company's tariffs and regulations on file with and approved by the Public Service Commission of Utah and pursuant to the Certificate of Public Convenience and Necessity in Utah. 5. With the exception of service to the operator of the Aneth Oil Field, currently operated by Resolute Natural Resources Company, LLC ("Resolute"), the Company's customers within the Nation have generally been residential and small commercial customers in relatively small clusters, spread out over large geographical rural areas. Because of the distance between customers, the Company's line extension charges for extending service to new customers have been beyond the means of many individual customers. In some cases, the line extension charges have been satisfied through grants from the Nation, which must be obtained through a lengthy and complex process. As a result, the percentage of Navajo Nation residents that remain without electricity is relatively high. 6. Currently, the Company provides service to 1,045 customers located within the Nation utilizing 29.79 miles of transmission lines, 335 miles of distribution lines and four substations. In2014, the total load of these customers was 40.86 megawatts and their total consumption of electricity was 286,235 megawatt hours, with Resolute accounting for the substantial majority of the load and energy consumption. 7. In 1959, the Nation created NTUA and authorizedit to provide utility services throughout the Nation. Since that time, NTUA has developed and acquired utility assets to provide electric, communication, natural gas, renewable energy, water and wastewater utility services within the Nation. 8. NTUA currently serves approximately 39,600 electric customers who are spread out over a27,000 square mile service territory. It employs approximately 720 individuals, 97 percent of whom are of Navajo descent. NTUA is the largest multi-utility owned and operated by an American Indian Tribe. NTUA is eligible for loans from the Rural Utility Service of the -J- United States Department of Agriculture ("RUS"). Thus, NTUA has access to available capital at reasonable costs and has secured financing for this acquisition. 9. In order to obtain easements from the Nation for the Company to provide service within the Nation, Rocky Mountain Power agreed in 1959 that the Nation would have an option to purchase certain facilities serving customers within the Nation and negotiate to purchase other facilities. This agreement is memorialized in three letters exchanged between Rocky Mountain Power and the Nation's Council in 1959 ("Letter Agreement"). A copy of the Letter Agreement is Exhibit D to the PTA (Confidential Attachment 1). 10. ln 1973,1981 and 1989, NTUA approached the Company regarding the possible exercise of its option to acquire facilities of the Company used to provide service to customers within the Nation pursuant to the terms of the Letter Agreement. None of these approaches resulted in NTUA's acquisition of any Company facilities, in part due to disagreements between the Company and NTUA regarding interpretation and application of the Letter Agreement. 11. Rocky Mountain Power has continued to provide electric service to customers within the Nation in accordance with the terms and conditions of its tariffs, schedules and regulations on file with and approved by the Utah Commission and with the consent of the Nation. 12. 1n2009, NTUA again commenced discussions with the Company regarding acquisition of the Company's facilities within the Nation. The parties pursued discussions and negotiations in good faith, addressing and ultimately resolving a number of issues. On December 4,2013, the parties entered into the PTA, subject to approval of the transaction by the Council and the regulatory agencies and other necessary approvals. Approval and closing of the agreement was subsequently delayed for a number of reasons, and the agreements were later -4- amended. Some of the original dates and timelines contemplated in the agreements have passed, but the parties now intend to proceed to closing and implementation of the agreements upon Company receipt of approval of the appropriate regulatory agencies. III. PURCHASE AND TRANSFER AGREEMENT 13. The PTA requires Rocky Mountain Power to sell and NTUA to purchase all of the Company's facilities within the Nation used to provide electric service to customers within the Nation. The PTA is attached as Confidential Attachment 1. The PTA was amended by the First Amendment to the Purchase and Transfer Agreement ("First Amendment to PTA"), included as Confidential Attachment2, and the Second Amendment to the Purchase and Transfer Agreement ("Second Amendment to PTA"), included as Confidential Attachment 3. The purchase price is confidential, and is contained in the PTA. 14. The assets that are being transferred to NTUA are fully described in the PTA, and consist of 29.79 miles of transmission line, 335 miles of distribution line, and four substations. NTUA has agreed to accept Rocky Mountain Power's facilities and their associated easements in their current condition without any warranties of any kind. However, the Company has agreed to reimburse NTUA for certain costs it may incur as provided in the PTA. 15. Pursuant to I.C. $ 61-328, the Company is seeking approval for the sale of the 69 kV transmission line and associated facilities only. The remainder of the facilities being transferred to NTUA, including the 69 kV substations associated with the transmission line, are situs-assigned to Utah and are not included in Idaho rate base. The book value of the transmission line is shown in Exhibit A-2to the PTA (Confidential Attachment 1). The Company is not transferring its 345 kV transmission line that runs from the Pinto Substation in Monticello, Utah to the Four Corners Substation in New Mexico, crossing a portion of the -5- Nation. The PTA provides that Rocky Mountain Power will retain this line and the associated easement. 16. Further, pursuant to Section 2.52 of the PTA, Rocky Mountain Power will continue to serve Resolute, unless certain conditions are met for NTUA to begin serving Resolute. Resolute makes up the vast majority of the NTUA load. In addition, under the PTA, Rocky Mountain Power will provide wholesale power to NTUA under rates tied to Utah Schedule 9 -Large General Service, which it will use to provide retail service to its customers. Accordingly, there will be minimal or no effect on allocation factors that would impact Rocky Mountain Power's Idaho customers. 17. To accommodate continued service to Resolute by the Company through the expiration of its Master Electric Service Agreements ("MESAs") on June 29,2017 , the sale of facilities and transfer of customers is planned to take place in up to three steps depending on when the first closing occurs in relation to Resolute's completion of a transmission line and related facilities enabling it to receive power from the Company at Resolute's Aneth, McElmo and Ratherford Substations and the expiration of the Company's MESAs with Resolute. IV. FIRST AMENDMENT TO PTA 18. In the process of seeking approval of the Council to the transaction, it became apparent that the Council's specific approval of the PTA was not necessary to assure that it would be a binding agreement and particularly that NTUA's limited waiver of sovereign immunity and agreement to participate in binding arbitration would be binding on NTUA. The Council had previously granted authority to the NTUA Management Board to grant waivers of sovereign immunity and agree to binding arbitration effective 30 days after providing written notice to the Speaker of the Council. See Navajo Nation Council Resolution No. CAP-18-10, Attachment 4. The Resolution of the NTUA Management Board, Exhibit L to the PTA -6- (included as Confidential Attachment l), already satisfied that requirement without the necessity of the Council including its approval of the PTA and the limited grant of waiver of sovereign immunity and agreement to binding arbitration in the Council Resolution. Thus, the parties entered into the First Amendment to PTA effective March 4,2015. A copy of the First Amendment to PTA is provided as Confidential Attachment2. 19. The First Amendment to PTA provides a substitute proposed resolution in place of the proposed resolution attached as Exhibit K to the PTA (included as Confidential Attachment l). The First Amendment to PTA also makes conforming amendments to provisions of the PTA referring to the approval of the Council through the Resolution. 20. On May 19,2015, the Council adopted the Resolution in substantially the form of the resolution attached to the First Amendment to PTA. The Resolution as adopted was certified on May 27,2015. A copy of the Resolution is provided as Exhibit K to the PTA. V. SECOND AMENDMENT TO PTA 21. As a result of a number of factors and circumstances, the planned schedule for seeking approval of the transaction, closing of the PTA and completion of the separation plan, which is Exhibit J to the PTA (included in Confidential Attachment l), needed to be modified. 22. The parties executed the Second Amendment to PTA dated December 2,2015. A copy of the Second Amendment to PTA is provided as Confidential Attachment 3. 23. The Second Amendment to PTA modifies the dates by which the parties must take certain actions; clarifies how service to customers outside the Nation that the parties agree would currently be better served by NTUA will be handled; and clarifies an option in the PTA consistent with the understanding of the parties. -7 - yI. CONCLUSION 24. Rocky Mountain Power is unaware of any adverse impact to another utility or customers that would result from this transaction. Approval of the transfer of the transmission lines as described above is necessary to complete the transaction with NTUA. Rocky Mountain Power respectfully submits that the transaction is in the public interest and in the best interest of its customers. 25. In addition to Idaho, Rocky Mountain Power will also submit approval filings to the Public Service Commission of Utah, the Wyoming Public Service Commission, and the Oregon Public Utility Commission, and file an advice letter in California. VII. MODIFIED PROCEDURE 26. The Company believes that a hearing is not necessary to consider the issues presented herein and respectfully requests that this Application be processed under Modified Procedure; i.e., by written submissions rather than by hearing. RP 201 et seq.If, however, the Commission determines that a technical hearing is required, the Company stands ready for immediate consideration of its Application and will present its testimony to support the Application in such hearing. VIII. RELIEF REQUESTED For the reasons set forth herein, Rocky Mountain Power respectfully requests that the Commission: (1) process this Application under Modified Procedure; (2) authorize the Company to sell approximately 30 miles of transmission line and associated substations pursuant to the PTA with the Navajo Tribal Utility Authority and (3) grant any further relief necessary as may be just and reasonable. The Company acknowledges that approval of this Application does not include relief for any ratemaking treatment, and that such treatment will be dealt with at alater time. -8- DATED:December 31,2015. Respectfully submitted, Attorneyfor Rocky Mountain Power -9- Affachments I ,2, and 3 are Confidential and are Provided Under Separate Cover Attachment I - CONFIDENTIAL Purchase and Transfer Agreement (PrA) Attachment2 - CONFIDENTIAL First Amendment to PTA Attachment 3 - CONFIDENTIAL Second Amendment to PTA Attachment 4 Resolution of Navajo Nation Council - CAP 18-10 cAP-18-10 RESOLIITION OF IHE NAVA,JO NATION COT'NCIL 2L"t NAtrAiro NAtroN cot Ncrr, - E'ourth year 2O1O .E}I ACT REI.ATING TO GOVERNMENT SERVICES AT{D ECONO!fiC DE\IEIOPMENT; N{ENDTNG IHE PI.EDI OF OPERATION FOR, THE NA\ZA{'O TRIBAL UTII.ITY AUTHORITY AT 21 N.N.C. S 7(B) (14); AUEHORIZING TIIE NA\TA..,O TRIBAL UTILITY AUIEORIBY Ii4NEGEMEIIE BOARD TO GRANT WAIVERS Otr THE AUTEORIIY' S SOVEREIGN IIOIUNITY BE TT ENACEED: Section One. Findings A. The current national economic environment has made itmore difficult for the Navajo TribaI Utility Authority to continue to provide services without the ability of the Authority to waive its own sovereign immunity from suit. B. It is the Navajo Tribal Utility Authority, s experience that counterpartj-es in complex transactions are requiring the Authority to seek specific waivers of its sovereign immunity from the Navajo Nation Council whj-ch, due to timing difficulties, can jeopardize such transactions. C. The Management Board of the Navajo Tribal Utility Authority recomrnends that the Navajo Nation Counci-l approve amendments to the plan of operation for the Navajo Tribal Utility Authority at 21, N.N.C. S 7(B) (L4) authorizing the Management Board to grant waivers of the Authority's sovereign immunity from suit. Resolution NTUA-26-09 is attached hereto as Exhibit A. Section Tro. Anending TitJ.e 2L of the Navajo Nation Code, 21 N.N. c. 57 (B) (1{) The Navajo Nation hereby amends Title 2L of the NavajoNation Code, BS follows: NAVA.]O NATION CODE ANNOTATED TTTLE 21. PUBLIC UTILITIES AND COMMUNICATIONS cAP-18-10 CHAPTER 1. NAVA,JO TRIBAL UTILITY AUTHORITY SUBCHAPTER 1. GENERALLY S 7. lIanag'emant Board; purpose; duties and powers **** **** B. Enumerated powers. Subject to Navajo Nation Councilapproval where required, and applicable Navajo Nation and federal laws and regulations, and so1ely in furtherance of the limited purposes set forth in 2L N.N.C. S 5, the Management Board shall have the following powers: **** 14. .To sue or be sued. To bring suit in its name and,notwithstanding any legal limitations under the Navajo Sovereiqn Immunity Act, to participate in enforceable arbitration proceedings and to contractually waive immunity to suit in the courts of the Navajo Nation and any state or federal court havinq iurisdiction, Drovided that notwithstandj-nq any other provision of Iaw, including but not Iimited to the Navajo Sovereign Immunity Act, the Management Board, upon 30 days written notice to the Speaker of the Navajo Nation Council of the intention of the Management Board to waive the Authority's sovereign immunity, may by resolution duly adopted waive the Authority's immunity from suit. Any such waiver shall be limited to the assets, revenue and income of the Authority, and shall not waj-ve the sovereign immunity ofthe Navaio Nation nor extend liability to anv assets, revenue, or income of the Navaio Nation. **** Section Three. Eff,ective Date The provj.sions of this Act shall accord with 2 N.N.C. S 221(B). become effective in cAP-18-10 Section Four. Codification The provisions of this Act which amend sections of the Navajo Nation Code shall be codified by the Office of Legislative Counsel. Section Five. Savings Clause Should any provision of this Act be determined invalid by the Navajo Nation Supreme Court, or the District Courts of the Navajo Nation, without appeal to the Navajo Nation Supreme Court, those portions of this Act which are not determined j-nvalid sha1l remain the 1aw of the Navajo Nation. CERTIFICATION I hereby certify that the foregoing resolution was duly considered by the Navajo Nation Council at a duly called meeting in Window Rock, Navajo Nation (Arizona) at which a quorum was present and that the same was passed by a vote of a T.eaker Nav N cil Motion: Amos Johnson Second: GloJean Todacheene ACTION BY THE NAVAJO NATION PRESIDENT: 1.I hereby sign legis lation, s10os (c) ( 1-o ) ,of into law the foregoingpursuanL to 2 N.N.C. on this day 2010. .I Na ., President ion Shil*Iey, Navaj o Dr. cAP-18-10 2.I hereby veto thelegislation, pursuant to s1-005 (c) (r_r_ ) , rhis day of 20L0 for the reason(s)the attached letter to foregoJ-ng 2 N.N.C. expresaed in the Speaker. Dr. Joe Shirley, .Tr. , President Navajo Nation EXHIBIT RESOLUTION OF THE MANAGEMENT BOARD OF TIIE NAVAJO TRIBAL UTILITY AUTHORITY NTUA-26-09 Approvinq Amendments to the Plan of Oneration of the Nrvaio Triba.l Utilitv Authoritv and Requestine Aoproval of the Same bv the Navaio Nation Council WHEREAS: l. Pursuant to 2l N.N.C. $ 7(AXl), the Management Board of the Navajo Tribal Utility Authority ("the Authority") is authorized and responsible for the management and operation of the Authority; and 2. NTUA Management has recommended that the Authority's Plan of Operation codified at 2l N.N.C. $ l, eI seq.,to authorize the NTUA Management Board to waive the Authority's sovereign immunity from suiq and 3. The current national economic environment has made it more difficult for the Authority to continue to provide its services without the ability of the Authority to waive its own sovereign immunity from suit. It is the Authority's experience that counterparties in complex transactions are requiring the Authority to seek specific waivers of its sovereign immunity from the Navajo Nation Council, which due to timing difliculties jeopardizes such transactions. NOW THEREFORE BE IT RESOLVED THAT: I. The Management Board of the Navajo Tribal Utility Authority hereby approves amendments to the Plan of Operation of the Navajo Tribal Utility Authority, codified at 2l N.N.C. $ l, el seq. The proposed amendments are attached hereto as Exhibit l. 2. The Management Board further requests approval of the Authority's proposed Plan of Operation amendments set forth in Exhibit I by the Navajo Nation Council. CERTIFICATION I hereby certify that the foregoing resolution was duly considered at a meeting of the Management Board of the Navajo Tribal Utility Authority in Dilkon, Arizona, at which a quorum was present and the same was duly approved by a vote of 4 in favor, 0 opposing, and 0 abstaining this 25th day of June 2009. Itlru4 -2b - oa EXHIBIT 1 14. To sue or be sued. To bring suit in its name and, notwithstanding any legal limitations under the Navajo Nation Sovereign Immunity Act, to participate in enforceable arbitration proceedings and to contractually waive immunity to suit in the courts of the Navajo Nation and any State or Federal court having jurisdiction, provided that notwithstanding any other provision of law, including but not limited to the Navajo Sovereign Immunity Act, the Management Board, upon thirty days written notice to the Speaker of the Navajo Nation Council of the intention of the Management Board to waive the Authority's sovereign immunity, may by resolution duly adopted waive the Authority's immunity from suit. Any such waiver shall be limited to the assets, revenue and income of the Authority, and shall not waive the sovereign immunity of the Navajo Nation nor extend liability to any assets, revenue, or income of the Navajo Nation. N AVAJ O \Y .o// V r.n io't- TRIBAL UTILITY AUTHOR ANENTER'R,.EoFTHENAvAToNA,.N lrY ,lrldif January 7,20L0 Honorable Roy Laughter Council Delegate Chilchinbeto Chapter Re: Navajo Tribal Utility Authority - Sponsorship of Leglslations Dear Mr. Laughter: We are respectfully requesting your assistance in sponsoring the attached Itereto two pieces of legislation on behalf of the Navajo Tribal Utility Authority. The co-sponsors are Ervin Keeswood and Mel R. Begay. The first legislation seeks to amend NTUA's plan of operation to authorize the NTUA Management Board to approve limited waivers of NTUA's sovereign immunity. The second legislation seeks to increase NTUA's borrowing authority from $200 million to $500 million. NTUA vuould like to seek approval of the attached legislations at the 2010 Winter Session of the Navajo Nation Council. Should you have any questions, please contact our office at729-6204. Sincerely, '/'t (^-^-.-^\---'!L-,-*t Bernice Tsosie Government Liaison xc:Ervin Keeswood Mel R. Begay Walter \ /. Haase, NTUA General Manager lbnc Olfioc: K YEN'titPO.BOX170 POBO(37 Fr.oEFrAr{cE AZ86Oa KAYE}IIAAZ86093 (920) zes72r. (ps) 6b7.ss71 N.IBACITY SHIPROCK CHMEP.O.BOX398 PO. BOX 1719 PO.BO(549 IUBA OTY AZ 860ir5 SH|?ROCK, NM 87120 CHlr{.E, AZ 805c, (92S) 2Se5s (505) 368-{639 '(92S) 6?+s1r0 FOfrTDEFIAI\ICE DIICON CRO\A'NPONT P.O BOX 587 HC 03BOX D P.O BOX t82s FTDEFlAIitCE AZS660a WNSIOW,AZ860t7 CROrrrrNpOtNl NM87nt3 @l72g.s7zt (9281657.32s8 (50s) 78&5506 .l Re: NAVAJO TRIBAL UTILITY AUTHORITY AN ENTERPRISE OF THE NAVruO NATION January 6,2010 Honorable President Joe Shirley, Jr. The Navajo Nation P.O. Box 9000 Window Rock, AZ 86515 Navajo'I'ribal Utility Authority Administrative Review of Proposed Legislation Amendine NTUA's PIan of Operation Dear Honorable President Shirley: Enclosed for administrative review are two pieces of draft legislation seeking to amend the Plan of Operation of the Navajo Tribal Utility Authority (NTUA) such that (l) its Management Board would be authorized to grant limited waivers of NTUA's sovereign imnrunity and (2) NTUA's borrowing authority will be increased. With respect to several projects that NTUA has undertaken and plans to undertake, including the Big Boquillas Wind Project, other wind generation projects, its New Markets Tax Credits financings, among numerous other day-to-day business transactions, NTUA has been requested by counterparties to seek a waiver of its sovereign immunity for enforcenrent of contractual obl i gations. NTUA has had to forego valuable business opportunities in the past due to its inability to quickly obtairr a sovereign inrmunity waiver. The NTUA Management Board is well aware of the situation and has therefore approved a Board Resolution, NTUA-26-09, requesting amendment of the NTUA Plan of Operation to authorize the Management Board to grant limited waivers of NTUA's sovereign immunity on case-by-case basis. NTUA also plans to make significant investments intended to improve and expand NTUA's utility facilities as well as acquire new facilities to serve customers in Utah and the Western portions of the Navajo Reservation. NTUA's current outstanding borrowing plus new borrowing will easily exceed $200 million, which is NTUA's current borrowing authority. NTUA wishes to increase its borrowing authority to $500 rnillion. llomc Ollkp: KAYENT n BAclTY SHIPR@K PO. 80X 170 PO. 80( c, PO. BO( 398 PO. BOX l74g Fr. OEFIAI{CE,4285504 KA/ENTA AZ860tB TUBACITY, A288045 SHIPROCK, NM 87/t20 lP.qTn-s72l (928) 697€574 (92812835{21 (s05) 36E",163e CHINTE FORTOEFIANCE OL@iI CRdVNPONT PO. 80( 549 PO. 8o)( 587 HC 63 BO( D PO. 8o,( 1825 cHliLE. AZ 865qr Fr. DEFrArirCE, AZ 86504 UNSLOW, AZ 86017 CRoITVNPOTNI NM 87313 (928) 671-5470 @172€.5W (928) 657.3258 (50O 78e5566 Honorable President Joe Shirley, Jr. Page Two January 6,2010 Expedited review by the Executive Branch would like to seek approval of the enclosed Navajo Nation Council. of the Navajo Nation is appreciated. NTUA legislation at the 2010 Winter Session of the Sincerely, NAVAJO TRIBAL UTILITYAUTHORITY 4/^41,u WWH/mar Enclosure xc: Sidney Bob Dietz II, NTUA Management Board Chairperson Warren Denetsosie, NTUA Legal Counsel Bernice Tsosie, Govenrment Liaison h/rvf-..rv' tf alter W. Haase, P.E. 2lsl Novolo Notlon Councll Fourth Yeor 20.l0 Mr. Speoker, Ihe ETHIC AND RULES COMMITTEE, to whom hos been ossigned NAVAJO LEGISLATIVE BILL OO32- I O Hos hod it under considerotion ond reports the some with o DO PASS with NO AMENDMENTS. And therefore referred to the 2ls[ NAVAJO NA Not Adopted:_ Adrlsor Dote: Februorv 19. 2010 The vote wos 6 in fovor ond 0 opposed Excused: Absent: ^, The Lcgislative Brauclr 1-t-- lrJxysjg Nation Lnwrcnce T Motgan Speakcr of the Naujo Nation Auncil 2lst Navajo Nation Council - Third Year Mr. Speaker The GOVERNMENT SERVICES COMMITTEE to whom has been assigned NAVAJO NATION LEGISLATTVE BILL fl}O32.IO Relating Government Services and Economic Development; Amending the Plan of Operation for the Navajo Tribal Utility Authority tt 2l N.N.C. $ 7 (B) (10; Authorizing the Navajo Tribal Utility Authority Management Board to Grant Waivers of the Authority's Sovereign Immunity Has had it under consideration and reports the same with the following recommendation that it DO PASS with no amendments. And therefore referred to ECONOMIC DEVELOPMENT COMMITEE respectfrrlly submitted LA Sr, Chai GOVERNMENT SERVI CES COMMITTEE Advisor Main Motion: Leonard T Damon Vote 5-0 ECONOMC DEVELOPMENT COMMITTEE REPORT 2l't NAVAJO NATION COUNCIL - Fourth Year,2010 Mr. Speaker: The ECONOIIIIC DEVELOPMENT COMMITTEE, to whom has been assigned: has had it under consideration and reports the same with a DO PASS with NO AMENDMENTS. And thence refened to the Ethics and Rules Committee. CERTIFICATION I, hereby certify that the foregoing legislation was duly considered by the Economic Development Committee of the Navajo Nation Council at a duly called meeting at St. Michaels, Navajo Nation (Arizona), at which a quorum was present and that the same was passed with a vote of 7 in favor and 0 opposed this 3'o day of February 2010. MOTION: GloJean Todacheene SECOND: Ton'r LaPahe LEGISLATION NO. 0032.1 O Introduced by Hon. Roy Laughter AN ACTION Relating to Governrnent Services and Economic Development; Amending the Plan of Operation for the Navajo Tribal Utility Authority at 21 NNC $7(B) (la); Authorizing the Navajo Tribal Utility Authority Management Board to Grant Waivers of the Authority's Sovereign Immunity N,ft . I-dwrence R. Platero, Clrairpers'o Economic Development Comrnittee.