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
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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
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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
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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
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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
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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.