July (pdf) - New York Power Authority

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July 26, 2011 Exhibit “4-B-2” POWER AUTHORITY OF THE STATE OF NEW YORK 30 South Pearl Street 10 th Floor Albany, New York 12207-3425 AGREEMENT FOR THE SALE OF EXPANSION POWER AND ENERGY (TRY-IT DISTRIBUTING CO., INC.) ______________________________________________________________________
The POWER AUTHORITY OF THE STATE OF NEW YORK (“Authority”), created pursuant to Chapter 772 of the New York Laws of 1931 and existing under Title I of Article V of the New York Public Authorities Law (“PAL”), having its office and principal place of business at 30 South Pearl Street, 10 th Floor, Albany, New York 12207-3425, hereby enters into this Agreement for the Sale of Expansion Power and energy (“Agreement”) with TRY-IT DISTRIBUTING Co., INC. (“Customer”), with facilities at 4155 Walden Avenue, Lancaster, New York 14086. The Authority and the Customer are from time referred to in this Agreement as “Party” or collectively as “Parties” and agree follows: RECITALS WHEREAS, the Authority is authorized to sell hydroelectric power produced by the Niagara Power Project, Federal Energy Regulatory Commission (“FERC”) Project No. 2216, known as “Expansion Power” (or “EP”), as further defined in this Agreement, to qualified businesses in New York State in accordance with PAL § 1005(5) and (13); WHEREAS, EP consists of 250 megawatts (“MW”) of firm hydroelectric power and associated firm energy produced by the Niagara Power Project; WHEREAS, the Authority is authorized pursuant to PAL § 1005(13)(a) to award EP based on, among other things, the criteria listed in the PAL, including but not limited to an applicant’s long-term commitment to the region as evidenced by the current and planned capital investment; the type and number of jobs supported or created by the allocation; and the state, regional and local economic development strategies and priorities supported by local units of governments in the area in which the recipient’s facilities are located; WHEREAS, PAL § 1005(11) provides that the Authority is authorized to “[t]o exercise all the powers necessary or convenient to carry out and effectuate the purposes and provisions of … title [1 of article 5 of the PAL] … and as incidental thereto to . . . sell … electric power, and generally to do any and every thing necessary or convenient to carry out the purposes of … title [1 of article 5 of the PAL] …”; WHEREAS, the Customer applied to the Authority for an allocation of EP for use by the Customer at its facilities (defined in Section I of this Agreement as the “Facility); WHEREAS, on July 26, 2011, the Authority’s Board of Trustees (“Trustees”) approved a 200 kilowatt (“kW”) allocation of EP to the Customer for a five (5) year term (defined in Section I of this Agreement as the “Allocation”) as further described in this Agreement; WHEREAS, on July 26, 2011, the Trustees further authorized the Authority to, among other things, take any and all actions and execute and deliver any and all agreements and other documents necessary to effectuate its approval of the Allocation; WHEREAS, the Customer has completed an expansion of its Facility and has requested that the Allocation be made available beginning ____; 2
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MINUTES OF THE REGULAR MEETING OF T
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July 26, 2011 Minutes of the Regula
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July 26, 2011 Introduction Chairman
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July 26, 2011 a. Approval of the Mi
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July 26, 2011 “Following a review
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July 26, 2011 3. a. Report of the P
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July 26, 2011 b. Report of the Chie
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July 26, 2011 4. Proposed Expansion
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July 26, 2011 average of 15.1 new j
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July 26, 2011 RESOLVED, That the Ch
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July 26, 2011 Section I Non-Complia
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July 26, 2011 Recommendation: Staff
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July 26, 2011 Niagara LaSalle Corpo
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July 26, 2011 The Carriage House Co
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July 26, 2011 RESOLVED, That the Ch
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July 26, 2011 commitments. Thus, cu
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July 26, 2011 7. Increase in Hydroe
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July 26, 2011 (f) Use of the RSR fo
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July 26, 2011 “The proposed actio
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July 26, 2011 RESOLVED, That the Se
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July 26, 2011 work, is capable of c
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July 26, 2011 “On May 24, 2011, n
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July 26, 2011 any and all actions a
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July 26, 2011 “The window replace
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July 26, 2011 11. Amended and Resta
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July 26, 2011 13. Amendments to the
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July 26, 2011 15. Motion to Conduct
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July 26, 2011 17. Election of Actin
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July 26, 2011 19. Next Meeting The
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July 26, 2011 EXHIBITS For July 26,
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July 26, 2011- NYPA Trustees’ Mee
Page 63 and 64: July 26, 2011- NYPA Trustees’ Mee
Page 65 and 66: Exhibit “A” Economic Developmen
Page 67 and 68: served by the 51 municipal and coop
Page 69 and 70: Generation revenue in June was $176
Page 71 and 72: In June, NYPA finalized a position
Page 73 and 74: GLOSSARY 1 Net Generation - The ene
Page 75 and 76: as a single regional compliance mar
Page 77 and 78: Report of the Chief Financial Offic
Page 79 and 80: RESULTS OF OPERATIONS Net Income Si
Page 81 and 82: RESULTS OF OPERATIONS 140 120 100 8
Page 83 and 84: RESULTS OF OPERATIONS 180 O&M Expen
Page 85 and 86: CASH AND LIQUIDITY INVESTMENT PORTF
Page 87 and 88: DEBT Unhedged Variable Rate 12% Deb
Page 89 and 90: Exhibit 1: Average August to Decemb
Page 91 and 92: New York Power Authority Financial
Page 93 and 94: New York Power Authority Exhibit "4
Page 95 and 96: APPLICATION SUMMARY Expansion Power
Page 97 and 98: July 26, 2011 Exhibit “4-B-1” P
Page 99 and 100: WHEREAS, the Customer has completed
Page 101 and 102: R. Replacement Power (or RP) is 445
Page 103 and 104: the Service Tariff shall govern. In
Page 105 and 106: X. Transition of Allocation to WNY
Page 107 and 108: XVII. Waiver A. Any waiver at any t
Page 109 and 110: SCHEDULE A TO AGREEMENT FOR THE SAL
Page 111 and 112: United States Department of Labor (
Page 113: APPENDIX TO SCHEDULE B Base Employm
Page 117 and 118: D. Electric Service is the Firm Pow
Page 119 and 120: C. The Contract Demand for the Cust
Page 121 and 122: Charges associated with the Allocat
Page 123 and 124: B. Except where otherwise herein sp
Page 125 and 126: AGREED: TRY-IT DISTRIBUTING CO., IN
Page 127 and 128: SCHEDULE B TO AGREEMENT FOR THE SAL
Page 129 and 130: eduction of the Contract Demand to
Page 131 and 132: July 26, 2011 Exhibit “5-A-1” C
Page 139 and 140: July 26, 2011 Exhibit “A-2” Com
Page 153 and 154: New York Power Authority Preliminar
Page 155 and 156: New York Power Authority 2011 Preli
Page 157 and 158: Discussion The attached preliminary
Page 159 and 160: Added to the O&M for ratemaking pur
Page 161 and 162: The capital costs (both debt- and e
Page 163 and 164: 2012 to 2014 costs, respectively. T
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The proposed demand and energy rate
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NEW YORK POWER AUTHORITY HYDROELECT
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Table 1 EMBEDDED COSTS FOR ANCILLAR
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Table 3 EMBEDDED COSTS FOR BLACK ST
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Table 5 EMBEDDED COSTS FOR OPERATIN
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TABLE OF CONTENTS Page ARTICLE I DE
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“Commercial Paper Rate Mode” me
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“Term Rate Mode” means the mode
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Chairman, President and Chief Execu
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Beneficial Owners to receive paymen
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(l) any other provisions deemed adv
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306. Delivery of Bonds. Except as o
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(a) The General Resolution has not
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APPENDIX A [FORM OF BONDS] No. 2011
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To the extent and in the manner per
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IN WITNESS WHEREOF, POWER AUTHORITY
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FORM OF ASSIGNMENT ASSIGNMENT FOR V
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POWER AUTHORITY OF THE STATE OF NEW
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Implementation of any refunding wil
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under the Securities Exchange Act o
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executing officer deems in his or h
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EXHIBITS Exhibit 1: Amended and Res
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$___,___,000 Series 2011 A Bonds SE
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[This page intentionally left blank
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Rate Covenant......................
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Registration of the 2011 Bonds.....
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through purchased power (see ‘‘
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Trust Estate The Trust Estate consi
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and such pledge shall be subordinat
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Optional Redemption The 2011 Bonds
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casualty and life insurance compani
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“OID” is the excess of (i) the
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The specific nature of the informat
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3. The 2011 Bonds have been duly an
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4. To facilitate subsequent transfe
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circumstances, compliance with this
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year in which the change is made sh
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(vii) modifications to rights of Bo
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IN WITNESS WHEREOF, the parties hav
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APPENDIX D LITIGATION Land Claims (
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the costs of such pending claims, o
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PART 2 of the OFFICIAL STATEMENT of
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TABLE OF CONTENTS FOR PART 2 THE AU
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PART 2 of the OFFICIAL STATEMENT of
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CERTAIN FINANCIAL AND OPERATING MAT
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500-MW Plant and Cessation of Opera
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enefits from cash from operations.
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The Authority may issue additional
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Enterprise Risk management program,
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needs at any point in time. Unless
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NYISO Capacity Requirements Matters
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equirements of certain municipal el
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(a) Industrial Power Programs The 2
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withdrawn by the Authority on Augus
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improved energy efficiency and clea
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development purposes within St. Law
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approved to receive Awards, with to
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transmission facilities tariff on f
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THE AUTHORITY’S FACILITIES Genera
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eservoir, and power transformation
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(6) Out-of-State Power Allocations
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SCPPs To meet potential capacity de
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east from the St. Lawrence Project
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to predict whether any such bills o
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esponsibility for purchasing energy
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Commission in the coming months.[up
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could potentially result in signifi
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discussion does not purport to be c
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whether negotiable or non-negotiabl
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Operating Expenses means the Author
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Qualified Swap. Rating Agency means
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eimbursement are equal to the amort
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Capital Fund The General Resolution
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(General Resolution, Secs. 801, 802
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APPENDIX 2 BACKGROUNDS OF THE AUTHO
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Eugene L. Nicandri, Trustee Judge E
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Francine Evans, Executive Vice Pres
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Jordan Brandeis, Senior Vice Presid
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Exhibit “12-A” July 26, 2011 GO
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c. Advise the Board of Trustees on
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GOVERNANCE COMMITTEE CHARTER Exhibi
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d. Periodically review and as neces
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Exhibit “13-A” Editing Note: Th
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ARTICLE VII - FISCAL MANAGEMENT 7 S
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Section 2. Annual Meeting The annua
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as he or she may deem necessary in
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are carried out for and reported to
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and shall report on and make recomm
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Section 4. Capital Expenditure Plan
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Exhibit “13-B" July 26, 2011 BY-L
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ARTICLE VII - FISCAL MANAGEMENT 9 S
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Section 2. Annual Meeting The annua
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the general supervision of the busi
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policies of the Authority, supervis
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members of the Board of Trustees. A
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Section 5. Expenditure Authorizatio
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DATE: 07/26/2011 REVISION: 0 POWER
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DATE: 07/26/2011 REVISION: 0 POWER
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