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1169RESOLUTION NO. 1169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS APPROVING A PREAMBLE TO 1988 RATE FORMULA AGREEMENT AND 1988 RATE FORMULA AGREEMENT IN FEDERAL ENERGY REGULATORY DOCKET NUMBER ER82-705- 002, ET.AL., PROVIDING FOR AMENDMENTS TO THE POWER COORDINATION INTERCHANGE AND `T'RANSMISSION AGREEMENT BETWEEN THE CITY OF WEST MEMPHIS AND THE ARKANSAS POWER AND LIGHT COMPANY SUBJECT THERETO; AND FOR OTHER PURPOSES WHEREAS, the Formula Rates of Arkansas Power and Light Company (AP&L), chargable to the City of West Memphis, Arkansas and other co-owners of the White Bluff and Independence Steam Electric Stations were the subject of administrative litigation in Federal Energy Regulatory Commission (FERC) Docket No. ER82-705-002, et. al. and Docket No. ER88-94-000 for rates payable during the 1987 and 1988 and following contract years; and WHEREAS, all parties to the referenced FERC proceedings including the FERC staff agreed upon a methodolgy to settle the two (2) pending Dockets for R I the years 1987 and 1988 and to provide a vehicle for resolution of future disputes; and r WHEREAS, the attached Preamble to 1988 Rate Formula Agreement and 1988 Rate Formula Agreement provides substantial benefits to the West Memphis Utility System by continuing a moritorium on rate changes for a three (3) year period, separating the various formula rate customers of AP&L into more appropriate rate classifications, and otherwise forstalling the need for further expensive and protracted administrative litigation in Washington, D.C., by maintaining the formula rate methodology; .. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of West Memphis, Arkansas: SECTION 1. The Preamble to 1988 Rate Formula Agreement and 1988 Rate Formula Agreement attached hereto is approved for adoption by the City Council of the City of West Memphis, Arkansas and the Mayor and City Clerk are hereby authorized and directed to execute same on behalf of the City of West Memhis, Arkansas. SECTION 2. This Resolution shall be in full force and effect from and after its passage and approval. PASSED: November 17, 1988 APPROVED: ~_ M yor ATTEST: City Clerk This Resolution was prepared by Zachary David Wilson, P.A. 2