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HomeMy WebLinkAbout13-85 RESOLUTION NO. 1'3-~5 e A RESOLUTION of the City Council of the City of Port Angeles expressing the City's opposition to the proposed settlement agreement between the Bonneville Power Administration and the four investor-owned utilities in BPA v. WPPSS, United States District Court, Western District of Washington at Seattle, No. C82-1252. WHEREAS, the City of Port Angeles is a party defendant to BPA v. WPPSS, et aI, United States District Court, Western District of Washington at Seattle, No. C82-1252, which lawsuit pertains to the completion of nuclear power plant WNP 3 and in which lawsuit the City is a member of a coordinated defense effort known as the Small Utilities Group; and WHEREAS, BPA and the four investor-owned utilities, which have cross-claimed for damages due to the mothballing of WNP 3, have negotiated a proposed settlement agreement, which agreement appears to adversely affect BPA's preference customers and thereby violates one of the principles of negotiation established by BPA in November, 1984; and WHEREAS, the proposed agreement appears to increase the likelihood that Project 3 will be terminated rather than com- pleted; and WHEREAS, the proposed agreement gives the four investor owned utilities a better deal than they would have gotten under e the original WNP 3 agreements and burdens the preference customer with numerous unanswered and perhaps unanswerable questions about the ultimate impact of this agreement on them; and WHEREAS, the decisions of Judge Bilby, the original judge assigned to this litigation, which decisions were in favor of the four investor-owned utilities and held that BPA was in breach of the WNP 3 agreements, have been vacated by the newly assigned Judge Browning. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby expresses its opposition to the proposed settlement agreement between the Bonneville Power Administration and the e four investor-owned utilities in the case of BPA v. WPPSS, et al, United States District Court, Western District of Washington at Seattle, No. C82-1252; and BE IT FURTHER RESOLVED that the City Council does not disagree with the concept of settlement; however, any settlement should be the product of meaningful input, negotiation, and agreement of all parties to the BPA v. WPPSS, et al, litigation. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the ~day of ~G , 1985. &A,t~Jh il~~, M A 0 ATTEST: ~a~ _ Mer i A. LannOye~k FORM: 1f;{-J~ utson, City Attorney e -2-