259201 ` ORIGINAL TO CITY CL6RK /. ■Q20�
x CITY OF ST. PAUL couNCi� ��v
• . N�E NO.
' �_ OFFICE OF THE CITY CLERK
UN L R UTION—GENERAL FORM
PRESENTED BY `
COMMISSIONE ATF
1!iHBEEREAS, the �Torthern States,-Pc�er Company and nu�erous
other electrieal utilities have executed a pooling agreement
and filed the same with the Federal Power Ce�ais�ion on May 23,
1972; and
WHEREAS, all protests against the said pooling agreement
are directed to be filed with the Federal Power Commission,
Washington, D.C., by �'uly 10, 1972; aad-
i�EBREAS, the tes�as of the MA�P Agre�ment and the co�ditions
i�posed by it can only lead to a construction that the generation
of electricity and the action of the Participants will be under
the control of the bTmrthern States Power Co�pany to the detriment
of the consuming p�blic and the City of Saint Paul; nc�w, therefore,
be it
RF�SOLVSD, by the Council cf the City of Saint Baul, that the
City Attornep is directed aad a�tl�orized to r�psesent the City in
th� praceedings to follow aad to sub�it a Petition for Zatervention
in opposition to the proposed MAPP Agreement, such submission to
be filed ia the Federal Power Cos�issio� oa or before July 10, 1972,
and served i.n compliance with the Rules of the Federal Power C�issio�.
F P VED•
Asst Ci Attorr�ey.
JUL ? 1972
COUNCILMEN Adopted by the Counci� 19—
Yeas Nays
ut r Hunf
,"�'��� JUL ? 1972
v, ..
C son Konopatzk� "�'"� ove _19—
Levine
L ine Mereditli ~ �In Favor
editYSprafka '
S �a Tedesco /, Mayor
Mme. President, �t� V Againat
c�esco
Mr. Preai ent, McCarty _
�uBUSH� JU�. 8 t9�2 ��
� ` 259�2�1
,OYPLICAT[TO rRIN7=R �
. , CITY OF ST. PAUL ���� NO
' • OFHCE �F THE CITY CLERK
• COUNCIL RESOLUTION—GENERAL FORM
e�e�r�er
COMMISSIONEe sA*�
�� th� j0'1"t.�l��'II •�i�� �OIAt Cfd�i� i1� �lZ1M�1i�
� OL�! ��Q��il �'tu�.��/ �iV� ��d i ]P�101� �='��i�'t.
� , aad lil�d t� aa� rith !h� l+�sal !�r I�o�is�i�oa �t �far 3a.
1973� aad
1�i, all ��ta aqai�t tL� �sid poolia� aqs�r�t
asr dis��ot�d !o l� lil�d rrith tb� l�sal t�ews Qe�issivw;
Ma�hiw�ta��, D.Q.. lrY .'�ly 10, 1!?3� atd
1�, tJa tuau O! t1N lt�i�! �t+�rs! au�t 11� Ovo�itiqrs '
i�d D7 it oan oaly l�ad � a ovnats�tvti� f�at � �satiea
o! �lavtariaiEE�►► and � aati.as �t t]�r tatti�3,pa�aS�e �rili l� v�i�r .
t� aatla�l o# �r �sth�sa �lat�t� !�s �► te ttr �tri�t
o! t� venw�q p�liv and � �litY o! iaist rit�l Y mo�r. !��losy.
b� it '
��, by � �ro�cil O! � �ity 4t iai�tt �!+ttil, Vhat th�
l�it�y �t� fa dis+�et� s►ad aatl�osis�d to rrp��tt i� �itr i�t
t'M �t'�oawdis4� t�o tollar aud to w�wit a �tiliea l�ae Ia�z'v�attioat
ia o�s�itioa to !i� ps�os�a !ti!!► �t, �nota�t �i�iasiva� to
� ]� fil�d ia tl� �ucal �ws �isaiops aa os '1�fer� �ly 10, 1972.
a�d � !u oa■Npliaaai r►itm 1� �1�� ot �]a �sa� !�s @w�i��i.�►.
JUL � �8
COUNCILMEN Adopted by the Counc;� 19_
Yeaa � Nays
utl Hunt .,i.� � �UL `� 19�
C n Konopatrk� ��:� Approv� 19—
Levine
Le ' e Mereditli ' ' Tn Favor
Me dithSprafka
Sp Tedesco � �Y�
Mme. Presidentt But�il Aga,inst
Te co
Mr. Presi t, McCarty
���
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UNITED STATES OF AMERICA
FEDER.AL PO�iJER COMI�+lISS20N :
Mid-Continent Area )
Power Pool Agreement ) PETITION TO INTERVENE
• ) AS PARTY BY .
Northern States Power ) CITY OF SAINT PAUL
Comnany, et al. 1
. _ � _ � Docket No. E-7734
Petitioner, City of Saint Paul, hereby requests permission
to intervene in the above proceeding as a party in opposition
to the MAPP Agreement filed with the Federal Power Commission
and in support thereof represents and states the following:
I.
�hat pursuant to the laws of the State of Minnesota, Minnesota
Statutes Section 451.07, it has been delegated the authorization
, and power to issue electric, gas, and stearn permits to the Northern
States Power Company for the use of its streets and other public ,
,
property and to �et reasonable rates which said company may charge
for such service within the city. �. ' �
� � II.
That in compliance with the state law aforesaid, it` has issued
, ' a permit' to. the Northern States Power Company whieh, by its terms,
� e�cpires ' at such ta.me as it tenders a franchise to said company under
, �
, - .
,its Charter; that such franchise will, in a11 probability, become
. e�fective after this date and before December 31. 1972. �
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That is has conducted rate hearings in 1971 and 1972,
approved findings and conclusions adopting revised rates for the
Northern States Power Company, and is permitted and will continue
to conduct such setting of rates under the terms of its Charter,
whereby a franchise will be put into effect in the future.
� IV�
That it objects to the M.id-Continent Area Power Pool Agreement
filed on behalf of the Participants and Associate Participants by
the Northern States Power Company, as the filing agent, on the
grounds that the agreement which purports to provide for inter-
conneetions, pooling and interchange of electric service, does in
its present form establish the inevitable consequence of a curtailment
of competition in the loeal power field and a resulting pressure on the
price of electricity being pnoled and interchanged, and eventually
sold to the consumers of the City of Saint Paul.
V:
That, more particularly,` the agreement does prescribe in Article
t�II that 'the Management Conmaittee, consisting of the Parties, shall
�
supervise and administer the operation of the agreement and, in �
instances, dispose of disputes arising in other committees; and that
, according to the provisions of Section 7.06 of said Articl.e, the
voting of the .Qarties is related to the size of the eompany, being
�� based upon a formuia that.:all,ows the utility an increase of votes in
- direct proportion to the daily system demand of the utility.
,
2.
;
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• _.__.� .___
Vz.
That, by its size and th� extent of its large system demand,
th� Northern States Power Cornpany will have the greatest number
of votes in the Management Committee, and consequently, will have
a monopolistic control over th� entire operation of the MAPP
organization.
� VII.
That, by virt�ue of Article IX, a Pool Administrative Committee
is established which will establish annually a 1�-year plan covering:
i. Z'he size and type of the generating units to be
installed, and the voltage and capacity of each
high voltage transmission facility,
ii. �'?ze �ecati�n of s�.zc?� £ac;i;t;es,
� iii. The time when such facilities should be placed in
operation,
iv. The entity or entities which should install such
facilities;
and that an appeal can be perfected to the Managemeat Committee,
controlled by said Northern States Power Company, if there is not a
unanimous vote of the Poo1 Administrative Committee of which Northern
States Power Company is a member.
i� °
VIII. '
� T'hat the so-called plans for the construction, location and
� time for the installation of generating facilities, as well as the
entity .�hich will install such can only operate to the disadvantage
of the consumer of the Ci.ty Af S�int Paul by limiting competition,
effectively controlling the overall market by the Northern States
Power Company, and �through plant construction and the size of
, , .
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investment adversely affect the cost of capital, whi
ch has been
continually viewed as a significant element of the basis of
rate
setting in Saint Paul. :
;,
� IX.
,
; T'hat no such stringc nt control b
� Y �e Northern States Power
� CO�PanY is refZected in the previous agreements identifi
t '
, ed as the
; Mid-Continent Area Reliability Coordinantion A ree
a g ment of Jurie l,
" 1969, or the Memorandum of Understandin
g of March 6, 1963.
X.
That rate setting and requ�ation of electrical ut' '
ilitYes in
the State of Minnesota is not established in a regulato b
ry ody at
the State level, and to this date rates are either establish
ed by
the public utility notifying the individual state subdivisio
ns of
the raise in rates, or raising such without direct notice, o
r
appearing before governing bodies and raising rates, so there is
no Party to the MApp Aqreement or elsewhere which can ade
quately
protect the consumers of the City of Saint Pau1 and the Cit
itself save and except t�e petitioner herein, y
����E. 'the Petitioner requests the Federal Pow
to permit it to intervene as a Party in o� er Co�ission
pposition to the MApp
Agreement filed�with and �being considered by it.
.- CITY OF SAINT PAUL
: by '
• IC�NNETS J. FiTZPATRICK
City Attorney
�
. � ' TSOMAS J. S TEARL�S
Assistant City Attarney
647 City Hall and Court House
' Saint Paul. Minnesota 55102
4 .
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UNITED STATES QF AMERICA
FEDERAL POWER COMMISSION
riid-Continent Area )
Power Poo1 Agreement ) PETITION TO INTERVENE
) AS PARTY BY
Northern States Power ) CITY OF SAINT PAUL
Company, et al. )
Docket No. E-7734
Petitioner, City of Saint Paul, hereby requests permission
to intervene in the above proceeding as a_par��in opposition
to the MAPP Agreemez�t filed with the Federal Power Commission
____----_.__
and in support thereof represents and s�ates the following:
I.
�'hat pursuant to the laws of the State of Minnesota, IKinnesota
Statutes Section 451.07, it has been delegated the authorization
and power to issue electric, gas, and steam permits to the Northern
States Power Company for the use of its streets and other public
property and to set reasonable rates which said company may charge
for such service within the city. �
II.
That in compliance with t2ze state law aforesaid, it has issued
a perrnit to the Northern States Power Company which, by its ternas,
expires at such time as it tenders a franchise to said company under
its Charter; that such franchise will, in all probability, become
effective after this date and before December 31, 19�2.
, _ _ __
` . .
. '
III . '
That is has conducted rate hearings in 1971 and 1972,
approved findings and conclu�ions adopting revised rates far the
Northern States Power CQmpany, and is permitted and will continue
to conduct such setting of rates under the terms of its Charter,
whereby a franchise will be put into effect in the future.
IV�
_ That it objects to the Mid-Continent Area Power Pool Agreement
filed on behalf of the Participants and Associate Participants by
the Northern States Power Company, as the filing agent, on the
grounds that the agreement which purports to provide for inter-
connections, pooling and interchange of electric service, does in
its present form establish the inevitable consequer�ce of a curtailment
of competit.ion in the local power field and a�sulting pressure on the
price of electricity being pooled and interchanged, and eventually
sold to the consumers of the City of Saint Paul.
V.
That, more particularly, the agreement does prescribe in Article
tTII that the Managem�nt Committee, consisting of the Parties, shall
supervise and admini.ster the operation of the agreement and, in
instances, dispose of disputes arising in other cor�uctittees; and that
according to the provisions of Section 7.06 of said Article, the
voting of the Parties is related to the size of the company, being
based upon a formula that allows the utility an i.ncrease of votes in
direct proportion to the daily system demand of the utility.
. , .
2.
_ __
►
. .
VI.
That, by its size and the extent of its large system demand,
_ ,
the Northern States Power Company will have the greatest number
of votes in the Management Committee, and consequently, will have
a monopolistic control over the entire operation of the MAPP
organization.
vzz.
Z'hat, by virtue of Article IX, a Pool Administrative CoAUnittee
is established which will establish annually a i0-year plan covering:
i. �he size and type of the generating units to be
installed, and the voltage and capacity of each •
high voltage transmission facility,
ii. The location of such facilities,
iii. T�he time when such facilities should be placed in
operation,
in. The enti.ty or entities which should install such
facilities;
and that an appeal can be perfected to the Management Committee,
controlled by said Northern 5tates Power Company, if there is not a
unanimous vote of the Pool Administrative Committee of which Northern
States Power Company is a member.
VIIT.
T'hat the so-called plans for the construction, Zocation and
time for the installatian of generating facilities, as well as the
entity wliich will install such can only operate to the disadnantage
of the consumer of the City of Saint Paul by limiting competition,
effectively controlling the overall market by the Northern States
Power Company, and.�through plant construction and the size of
.. ,_
3.
-•
investment adversely affect the cost of capital, which has been
continually viewed as a significant element of the basis of rate
setting in Saint Paul.
IX.
That no such stringent control by the Northern States Power
Company is reflected in the previous agreements identified as the
Mid-Continent Area Reliability Coordinantion Agreement of June 1,
I969, or the Memorandum of Understanding of March 6, 1963.
X.
That rate setting and regulation of electrical utilities in
the State of Minnesota is not established in a regulatory body at
the State Zevel, and to this date rates are either established by
the public utility notifying the individual s�ate st�}�divisions of
the raise in rates, or raising such without direct notice, or
appearing before governing bodies and raising rates, so there is
no Party to the MAPP Agreement or elsewhere which can adequately
protect the consumers of the City of Saint Paul and the City
itself save and except the Petitioner herein.
WHEREFORE, the Petitioner requ�sts the Federal Power Commission '
to permit it to intervene as a Party in opposition to the MAPP
Agreement filed with and being considered by it.
CITY OF SAINT PAUL
bY
KENNETFI J.' FITZPATRICK
City Attorney
. , .
- THOMAS J. STEARNS
Assistant City Attorney
' 647 City Hall and Court House
Saint Paul, Minnesota 55102
4 . .
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