Loading...
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 ��� . ,:.,, ..: , ,�yr,era�� r�st,, �s��� '�i[�' .,. . ,. �. ,f'. . � '�" ',`.�7iN�' , „ � , . ... ;`. .F , 6 •' . . r .-. . . . �. , . '.. .: . .' . _. , :..; ..� :. ' . _._,.:......... .. . ... .�., .. .. . .. _. . . _.,_....���1'.". ...� � ..��.n-f_"...._.,'�.. ..."".�_ -��-1w.�..n..�� AM,.�7_ _�. . . . � . . - - � � .� .. � ... ' .. .... . .. .. , . ���� . ��I� . .. • .. .. � . . � � ,4 �. ' . . ��/'1 . , . . . . . . . . . � . V� . 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. � � > , , ,, . �.. . � . .. �. ... . , .�.�. .�' s . . ', . . ..,., ., . .. - .. . .. .. . . . . � � � � . . �.. - . . ' . , � . . . '. � . . . .� , ��y : � , �. . , . � � . . , .. .. . . �. .. . � . . . � . . . . ,- ,. �. . . ; .. � .�� . . . . . . . . . � . . . � ��7� � � ... � . . . . . . . � . . . . . .. . � - � . � . . . � � �a � � ... . . .. � . . . � .. . . . � . � r- . ' ' � "'.` �! .. � . . . . . . . ' � 1 . . . �'.7� � . . ., � . , �, e ' . •!� ��. . . . . �,� . ..�., .. . . .. . .� . �:. �, . . ., �... . „ ,. , , `���: - .. . . . � � � ".. �:'. .. . �. , � r �.�,� . .. e ,.. �.. � � A -i<a+F't '�e��.r;,n s�na�.�:�.$1+w'�.'�;a�f4',iis�'4edP?Nd�eik.�•N.,n.'^%�.'�im�a�iw�r.'1'a�i�l`?. ."SA,�`''"'cAiM�6atii�d�l�k�A�Mb'iN,R�ks^e�W�"�rw'it€!d���':a•��r;y.r.�'r+9r�r`aw�.ce�� n � . 'v'� �t.%'e'� >- , . 3 r{,`e• ��''�t���fY�'�c�+xu,t y� y , , � w ra�!!b!. . . 1S . '��'k- ��• r .. . . , .. . � , � .. . _ . . .. . . 111 w � � ' � ' .� . 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. ; . � . � � _ ; .. . _ . _� _ :_ , .. . .. .. _... _ ____ _ _ .__ � :_ � .. a��,; ;:;: . " s . . ,. � �sit,: .r ' . - . .A�i:�.' . .,..�n� , . � I� . ;#A-�[.?+�,'>'iR'!�k��l�YeRI��Y°..+:Di�,ikdSa,u�,27�icerra,�uia,,.�BeMzb:-As�YSn,.�wi,.7�1'. +i�;r , .t-.�,`:�^�. a��.. . .. . aa-�� . � . . . ,. . . . . , .. � . . ,_ Y�°�-y4t&ea.C':M�E"'�"^i't'�M3�Str �� , .. �`�-1,X`°�'��;e ` ^ ' �. , _ . '-_ . ...,.�._ � _ . ,. _._._.._.� ___,:.__� .'—.,. __. • _.__.� .___ 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 , , . , 3. , _•^ .. .;�.... _ _ . ::..:._ . , ,.. __, --� ,,�: :��_. " , . �� � �� H, .f,:_ .�, - . _,. ,.� �, ; -. . . r �'•:,.:,�, ..,4'w.:trt� k,�,. .J�.+HM1f�S'iAM.'9ik'�ni^`::.iJMrr.kt.Y.R.i�'I!&'{'t�11�4�*.:§�IRKOZwIxW'.,, �+r.�tft�'NJAF�:�1+/191�Niw.1N'Fd*YU:^'1.♦ r�e I�s, , . -y17' 4'df�i11i41Rdf�k_ .. . � . , . .. .. . ,. . -. ,o , •�,-�o�?.;.€�.+�` " '4t,?i'� A .,`�.'r. :m`;1,�a1,, .; . � , . . .. . _....._.._. .' .. . ,,., ��. . � � � . . � _ � . �... , . —. ..__ . ..._ _�� .. . �� .. 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 . � ; ._ . : _ ,� , �,,.,�.,,�.,,r . _ _ . .. _ l� � . , . : _,�...._�.__.�_ _ .: . ,. ...�,�,.. ��r; r ��-���.�a.� ,�.3 s� �.���° . "__—' . •A` .... . ,- . . � _ _ . _ _ ._ __ �� _ _ . . _ __.._ _ , ' f �� '� � , � C � � � r a�9aol 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 . . .