AN ORDINANCE relating to the City Light Department; authorizing the Superintendent or his designee to enter into a settlement agreement and other related agreements for purposes of relicensing Seattle's Boundary Dam Hydroelectric Project before the Federal Energy Regulatory Commission; and ratifying and confirming certain prior acts.

WHEREAS, the City's license to operate the Boundary Dam Project expires September 30, 2011; and

WHEREAS, Seattle City Light has been engaged in the Federal Energy Regulatory Commission's integrated licensing process for over five years, including an active negotiation process involving federal, state, tribal, and other stakeholders; and

WHEREAS, in September 2009 Seattle City Light reached an Agreement in Principle with all parties that outlined fundamental terms and conditions relating to all disputed issues, subject to the parties' finalizing the details and entering into a final Settlement Agreement to be filed with the Federal Energy Regulatory Commission by February 1, 2010; and

WHEREAS, it is in the best interest of the City and ratepayers that the City continue to own and operate the Boundary Dam Project and relicense the project in accordance with the terms and conditions of the Agreement in Principle; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. The Superintendent of the City Light Department, or his designee, is hereby authorized to enter into a Settlement Agreement, in accordance with the terms and conditions of the Agreement in Principle, dated September 23, 2009, and attached hereto as Attachment 1, for purposes of securing for the benefit of the City and its ratepayers a new license from the Federal Energy Regulatory Commission to operate the Boundary Dam Hydroelectric Project. The Superintendent of City Light, or his designee, is further authorized to enter into related agreements that in his view best meet the needs of the City Light Department and that he deems are reasonably necessary to implement the Settlement Agreement, the Agreement in Principle, or to secure a new license for the project from the Federal Energy Regulatory Commission.

Section 2. It is hereby determined that, pursuant to RCW 80.80.040(4), the long-term financial commitments related to the City's acquisition of a new license to operate the Boundary Hydroelectric Project will comply with the greenhouse gases emissions performance standards established in RCW 80.80.040.

Section 3. Any act consistent with the authority of this ordinance that is taken after

passage of this ordinance, but prior to its effective date is hereby ratified and confirmed.

Section 4. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2010.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2010.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2010.

____________________________________

City Clerk

(Seal)

ATTACHMENT 1Agreement in Principle (2.0 MB PDF)

Barbara Greene

SCL Boundary Licensing Ord

November 12, 2009

Version 2