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July (pdf) - New York Power Authority

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<strong>July</strong> 26, 2011<br />

RECOMMENDATION<br />

“The Manager – Business <strong>Power</strong> Allocations and Compliance recommends that the Trustees approve the<br />

allocations of hydropower, totaling 3,500 kW, to M&T Bank Corporation, Moog Inc., and Try-It Distributing, as<br />

detailed in Exhibit ‘4-A.’ The Trustees are also requested to authorize a public hearing on the terms of the<br />

proposed Contracts for Moog and Try-It’s allocations, attached as Exhibits ‘4-B-1’ and ‘4-B-2,’ on a date to be<br />

determined, at the Niagara <strong>Power</strong> Project’s <strong>Power</strong> Vista Visitors’ Center. It is further recommended that, pursuant<br />

to §1009 of the Public Authorities Law, the Corporate Secretary be authorized to transmit copies of the proposed<br />

contract to the Governor and legislative leaders and to arrange for the publication of a notice of public hearing in six<br />

newspapers throughout the State in accordance with the Public Authorities Law.<br />

“For the reasons stated, I recommend the approval of the above-requested action by adoption of a<br />

resolution in the form of the attached draft resolution.”<br />

Mr. James Pasquale presented highlights of staff's recommendation to the trustees. Chairman<br />

Townsend and Trustee Curley recused themselves from voting on this item.<br />

The following resolution, as submitted by the President and Chief Executive Officer, was adopted by a vote<br />

of 5 to 2, with Chairman Townsend and Trustee Curley recusing themselves.<br />

RESOLVED, That the allocation of 3,500 kW of Expansion<br />

<strong>Power</strong> to M&T Bank Corporation, Moog Inc. and Try-It Distributing<br />

Co., Inc., as detailed in Exhibit “4-A” be, and hereby is, approved on<br />

the terms set forth in the foregoing report of the President and Chief<br />

Executive Officer; and be it<br />

RESOLVED, That the Trustees hereby authorize a public<br />

hearing on the terms of the proposed contracts for the sale of<br />

Expansion <strong>Power</strong> to Moog Inc. and Try-It Distributing Co., Inc., to be<br />

held at the Niagara <strong>Power</strong> Project’s <strong>Power</strong> Vista Visitors’ Center; and<br />

be it further<br />

RESOLVED, That the Corporate Secretary be, and hereby is,<br />

authorized to transmit copies of the proposed contract to the Governor,<br />

the Speaker of the Assembly, the Minority Leader of the Assembly, the<br />

Chairman of the Assembly Ways and Means Committee, the<br />

Temporary President of the Senate, the Minority Leader of the Senate<br />

and the Chairman of the Senate Finance Committee pursuant to §1009<br />

of the Public Authorities Law; and be it further<br />

RESOLVED, That the Corporate Secretary be, and hereby is,<br />

authorized to arrange for the publication of a notice of public hearing<br />

in six newspapers throughout the State, all done in accordance with the<br />

provisions of §1009 of the Public Authorities Law; and be it further<br />

RESOLVED, That the Senior Vice President – Marketing and<br />

Economic Development or his designee be, and hereby is, authorized,<br />

subject to the approval of the form thereof by the Acting General<br />

Counsel, to enter into such agreements, and to do such other things, as<br />

may be necessary or desirable to implement the Contracts as set forth<br />

in the foregoing report of the President and Chief Executive Officer;<br />

and be it further<br />

16

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