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0963 4 ~ t ~.~. RESOLUTION N0. 963 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, CONDEMNING THE ACTIONS OF A FEDERAL ENERGY REGULATORY COMMISSION (FERC) ADMINISTRATIVE LAW JUDGE AND FERC'S STAFF REGARDING THEIR DECISION AND POSITION ON THE QUESTION OF THE ALLOCATION OF COSTS OF NUCLEAR FIRED ELECTRIC GENERATING STATIONS IN THE STATES OF LOUISIANA AND MISSISSIPPI, MAKING STATEMENTS AND RECOMMENDATIONS RELATIVE THERETO AND AUTHORIZING AND DIRECTING OPPOSITION TO SUCH DECISIONS. WHEREAS, a FERC Administrative Law Judge (ALJ), on the 3rd day of February, 1984, in FERC Docket No. 82-616, issued an Order requiring the Arkansas Power and Light Company to purchase 36% of the capacity and energy of the Grand Gulf Nuclear Generating Station in the State of Mississippi; and, WHEREAS, in FERC Docket No. 82-483, the staff of the FERC, Louisiana Public Service Commission, and others are advocating that the Arkansas Power and Light Company and its rate-payers assume the payment of portions of the costs of not only the Grand Gulf Nuclear Station, but also the Waterford III Nuclear Generating Station in Louisiana; and, WHEREAS, the decision of the Administrative Law Judge in FERC Docket No. 82-616, the Grand Gulf case, could ultimately cost the rate-payers of the State of Arkansas, an additional Two Hundred Eighty Million Dollars ($280,000,000) per annum; and, WHEREAS, the decision of the FERC, not yet made in Docket No. 82-483, the Middle South System Agreement cast, could cost the rate-payers of the State of Arkansas, an additional Seventy Million Dollars ($70,000,000) per annum; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. The City Council of the City of West Memphis, Arkansas, condemns the actions of the FERC Administrative Law Judge, in Docket No. 82-616. The 82-616 decision is without any precedent or other legal authority and would impose the costs of an expensive, unneeded Nuclear Generating Station, in the State of Mississippi, on the rate-payers of the State of Arkansas, whose citizens had no input or other decision making authority with respect to the location of or .need for such Nuclear Generating Station and whose electrical power and energy demand requirements make such plant unnecessary. SECTION 2. The City Council of the City of West Memphis, Arkansas, makes the following statements and recommendations: A. It is grossly unfair to the rate-payers of Arkansas to pay for nuclear fired electric generating stations in Mississippi and Louisiana which were never authorized or approved by officials of the State of Arkansas. B. The two (2) nuclear plants in question have a combined cost of approximately 5.2 Billion Dollars, with the Arkansas share for Grand Gulf alone, approximately 1 Billion Dollars. C. Arkansas Power and Light Company, in apparent good faith, planned, sought approval from the Arkansas Public Service Commission for, constructed and financed, with the assitance of Arkansas ' rate-payers, Arkansas Nuclear One Units 1 and 2 in the late 1960's and 1970's. The Arkansas nuclear generators, had a total cost of approximately One Billion Dollars ($1,000,000,000) and have a combined electrical output of 1694 megawatts. The Arkansas share of the Grand Gulf unit alone,(under the decision of the FERC ALJ), also, has a cost of approximately One Billion Dollars ($1,000,000,000) yet, the capacity assigned to Arkansas is only 405 MW, less than 25% of the electrical output of Arkansas Nuclear One, 1 and 2. D. The radical and arbitrary findings of the FERC Administrative Law Judge in Docket No. 82-616, to the effect that the Arkansas Power and Light Company is not an autonomous entity, subject to regulation in Arkansas, violates all legal precedent, and the Arkansas Congressional delegation should be encouraged to introduce federal legislation amending the Public Utility Holding Company Act of 1935 and the Federal Power Act to overrule this decision if it is upheld on appeal. 2. SECTION 3. This Resolution shall be in full force and effect from and after its passage and approval and a copy shall be provided to members of the Arkansas Congressional ` Delegation and to the Arkansas Public Service Commission. Honorable David Pryor United States Senator 248 Russell Office. Building Washington, D. C. 20510 Arkansas Public Service Commission 412 Union Trans Station Little Rock, Arkansas 72201 Honorable Bill Alexander United States Representative 233 Cannon House Building Washington, D. C. 20515 PASSED AND APPROVED 1984. MAYUh ,; ~, w CERTIFICATE STATE OF ARKANSAS ) (SS COUNTY OF CRITTENDEN) The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the above and foregoing is a true and complete and correct copy of Resolution No. 963 Condemning the Actions of A Federal Enerav Reaulatorv Commission (FERC) Administrative Law Judge and FERC'S Staff Regarding their _Cecision and Position on the Question of he Allocation of Costs of Nuclear Fired Electric Generating Stations in the States of Louisiana and Mississi~bi making StatPment~ and Recommend~a_t_icns Relative thereto - as the same appears in the official records of said City. IN WITNESS WHEREOF, I have hereunto set my hand as City Clerk of the City of West D~emphis, Arkansas, and the Official Seal of said City, on this lst day of March , 19 84 . CITY CLERK, CI Y 0 ti"BEST bIEti7PHIS CRITTENDEN COUNTY, ARKANSAS (SEAL) i ~ /~ # *~* ~~. t • ~j~ ~•.b. ~N ~' •) \~ ~ .s% ..- CITY Off' W~~ST M ~MP~I IBS 205 South Redding - West Memphis, Arkansas 72301 - (501) 735-2720 March 13, 1984 TO REPLACE COPY OF RESOLUTION NO. 963 MAILED TO YOU ON MARCH 7, 1984. PAGE THREE (3) WAS ATTACHED IN ERROR, AND CORRECTED IN THIS ATTACHED COPY OF RESOLUTION NO. 963. Mailed to the following on complete Resolution: 3-13-84 Honorable David Pryor Honorable Dale Bumpers United States Sentaor United States Senator 248 Russell Office Bldg. 248 Russell Office Bldg. Washington, D. C. 20510 Washington, D. C. 20510 Mr. Don Zimmerman Arkansas Municipal League P. O. Box 38 N. Little Rock, Ar. 72115 Arkansas Public Service Comm. 412 Union Train Station Little Rock, Ar. 72201 Honorable Bill Alexander United States Representative 233 Cannon House Bldg. Washington, D. C. 20515 Bill Johnson Gen. Mgr. W. M. Ut. Comm. An Equal Opportunity Employer r t ~;;; E s /oF ~,r+,t .'ti`p Uy ~s j•F ja •/ 'j, CITY OF' ~T~~'T M~MPI~IO~ 205 South Redding West Memphis, Arkansas 72301 - (501) 735-`L720 March 7, 1984 Honorable David Pryor United States Senator 248 Russell Office Building Washington, D. C. 20510 Dear Senator Pryor: Enclosed is a copy of the City of West Memphis Resolution No. 963 passed at a regular Council meeting on March 1, 1984. Yours truly, Bernice Holland City Clerk's Office cc - Arkansas Public Service Commission 412 Union Train Station Little Rock, Ar. 72201 Mr. Don Zimmerman Arkansas Municipal League P. O. Box 38 North Little Rock, Arkansas 72115 3,+~,~`~ ~-e~~'' ~ ~~-~ \,.', ~ t~ An Equal Opportunity Employer 1, i N_E s \ *~ ~ ~ III iN ~ ~ !I \, ICY O~ ~XT~~S'T M~M~I~I~ C 205 South Redding - West Memphis, Arkansas 72301 - (501) 735-2720 March 7, 1984 Arkansas Public Service Commission 412 Union Train Station Little Rock, Arkansas 72201 Gentlemen: Enclosed is a copy of the City of West Memphis Resolution No. 963 passed at a regular Council meeting on March 1, 1984. Yours truly, Bernice Holland City Clerk's Office Enclosure cc - Honorable David Pryor United States Senator 248 Russell Office Building Washington, D. C. 20510 Mr. Don Zimmerman Arkansas Municipal League P. 0. Box 38 North Little Rock, Arkansas 72115 An Equal Opportunity Employer 1 ~ , ~ E 51 M~ ~ t //~*** ~*~1\ r I. ~, ~'~ +I.1 `\ ~ { ~~ .~/ \~°~. ~z/ I'TY OF' W~~'T M~MPI~IO~ C 205 South Redding - West Memphis, Arkansas 72301 • (501) 73Fi-2720 March 7, 1984 Mr. Don A. Zimmerman Arkansas Municipal League P. O. Box 38 North Little Rock, Arkansas 72115 Dear Mr. Zimmerman: Enclosed is a copy of the City of West Memphis Resolution No. 963 passed at a regular Council meeting on March 1, 1984. Yours truly, `1 ~..ss~~.....~;= Bernice Holland City Clerk's Office ~; Enclosure cc - Arkansas Public Service Commission 412 Union Train Station Little Rock, Ar. 72201 Honorable David Pryor United States Senator 248 Russell Office Building Washington, D. C. 20510 An Equal Opportunity Employer ~~ 0 O Q From the ARKANSAS MUNICIPAL LEAGUE 29tH 8 wiiow•P.o. Box 38•North Little Rock, AR 72115•(501) 75&1610 February 23, 1984 T0: DIAYORS, CITY ADMINISTRATORS AND MANAGERS FROM: DON A. ZIMMERMA RCGF(4_ P.. a~t,..~ -._- ~i~-~-~ SUBJECT: RESOLUTION OPPOSING AP&L FINANCING OF NUCLEAR PLANTS IN LOUISIANA. AND MISSISSIPPI c~ Enclosed is a copy of the Resolution prepared at the direc- tion of the Executive Committee of the Arkansas Municipal League condemning the actions of a Federal Energy Regulatory Commission Administrative Law Judge regarding the question of allocation of cost of nuclear fired electric generating stations in Louisiana and Mississippi. Mayor Reed Thompson of North Little Rock has recently met with members of the Arkansas Congressional Delegation and other federal officials on this matter. Mayor Thompson feels that the enactment of resolutions on this matter by individual cities would be helpful. He suggests that copies of the resolutions be forwarded to the Arkansas Public Service Commission and Senator, David Pryor at the following addresses: // Arkansas Public Service Commission 412 Union Train Station Little Rock, AR 72201 Honorable David Pryor United States Senator 248 Russell Office Building Washington, D.C. 20510 We would also like to receive a copy of your resolution at League headquarters in order that we can keep a tally of the number of cities who have opposed the FERC Administrative Law Judge's action. Thank you for your cooperation. Encl/hw S~ p3oOC~G°, ~~~ `1~IG3o0~[~ M[~1[l~ :~,~ :' ~'ir " RESOLUTION. ~ V A RESOLUTION OF THE EXECUTIVE COMMITTEE OF THE ARKANSAS MUNICIPAL LEAGUE, CON- DEMNING THE ACTIONS OF A FEDERAL ENERGY REGULATORY COMMISSION (FERC) ADMINISTRATIVE LAW JUDGE AND FERC'S STAFF REGARDING THEIR DECISION AND POSITION O?~ THF. QUESTION OF THE ALLOCATION OF COSTS OF NUCLEAR FIRED ELECTRIC GENEfiATI?dG STATIONS IN THE STATES OF LOUISIANA AND MISSISSIPPI, MAKING STATEMENTS AND RECOMMENDATIONS RELATIVE THERETO AND AUTHORIZING AND DIRECTING OPPOSITION T,0 SUCH DECISIONS. 4dlIl;RF.AS, a FERC Administrative Law Judge (ALJ), on the 3rd Day of February, 1984, in ;'i:R:' Iu~cket No. 82-616, issued an Order requiring the Arkansas Power and Light Company to irchase 36~ of the capacity and energy of the Grand Gulf Nuclear Generating Station in i~ State of Mississippi; and WfiEREAS, in FERC Docket No. 82-483, the staff of the FERC, Louisiana Public Service mmission, and others are advocating that the Arkansas Power and Light Company and its rate-payers assume the payment of portions of the costs of not only the Grand Gulf Nuclear Station, but also the Waterford III Nuclear Generating Station in Louisiana; and WHEREAS, the decision of the Administrative Law Judge in FERC Docket No. 82-616, the Grand Gulf case, could ultimately cost the rate-payers of the State of Arkansas, an addi- tional two hundred eighty million dollars ($280,000,000) per annum; and WHEREAS, the decision of the FERC, not yet made in Docket No. 82-483, the Middle South System Agreement case, could cost the rate-payers of the State of Arkansas, an additional seventy million dollars ($70,000,000) per annum; NOW THEREFORE BE IT RESOLVED BY THE EXECUTIVE COMMITTEE OF THE ARK.~,NSAS MUNICIPAL LEAGUE AND; SECTION 1: The Arkansas Municipal League, condemns the actions of the FERC Administrative Law Judge, in Docket No. 82-616. The 82-616 decision is without any precedent or other legal authority and would impose the costs of an expensive, un- needed Nuclear Generating Station, in the State of Mississippi, on the rate-payers of the State of Arkansas, whose citizens had no input or other decision making authority with respect to the location of or need for such Nuclear Generating Station and whose lectrical power and energy demand requirements make such plant unnecessary. SECTION 2: The Arkansas Municipal League, makes the following statements and ecommendations: ~, A. It is grossly unfa' to the ra(e ayers of Arkansas to pay for nuclear fired electric generating stati in Missi ppi and Louisiana which were never authorized or approved by officials th State f Arkansas. B. The two nucl a plan in question have a combined cost of approximately 5.2 billion dollars, w' e A ansas share for Grand Gulf alone approximately 1 billion dollars. a Polder an i t Com an in a arent good faith, planned, sought C. Arkans s ~ P Y. PP approval from the Arkansas Public Service Commission for, constructed and financed, with the assistance of Arkansas ra a payers, Arkansas Nuclear One Units 1 and 2 in the late 1960's and 1970's. The Ar as nuclear generators, had a total cost of approximately one billion dollars ($1,000, 00,000) and have a combined electrical output of 1694 mega- watts. The Arkansas share of the Grand Gulf unit alone, (under the decision of the FERC ALJ), also, has a cost of approximately one billion dollars ($1,000,000,000) yet the capacity assigned to Arkansas is only 405 MW, less than 25~ of the electrical output of Arkansas Nuclear One, 1 and 2. SECTION 3: This Resolution shall be in full force and effect passage and approval and a copy shall be provided to members of the Delegation and to the Arkansas Public Service Commission. DATE: February 8, 1984 APPROVED: from and after its Arkansas Congressional /s/ Thad R. Kelly, Jr. President ATTESTED: r ~. D. The radical and arbitrary findings of the FERC Administrative Law Judge in Docket No. 82-616, to the effect that Arkansas Power and Light Company is not an auto- nomous entity, subject to regulation in Arkansas, violates all legal precedent, and the rkansas Congressional delegation should be encouraged to introduce federal legislation Wending the Public Utility Holding Company Act of 1935 and the Federal Power Act to Ferrule this decision if it is upheld on appeal. /s/ Don A. Zimmerman Executive Director ~`- .. •' ~ •~ ~ ~~' `f1 1 l I~ ~ J ~• 5~ CI'~Y 0~ W~~'T M~Mp~II~ 205 South Redding - West Memphis, Arkansas 72301 (501) 735-2720 March 7, 1984 TO: Mayor Leo Chitman FROM: Ber>~c~e Hol~.and City Clerk's Office Copies of the attached Resolution No. 963 will go out in today's mail to the following: Honorable David Pryor United States Senator 248 Russell Office Building Washington, D. C. 20510 Arkansas Public Service Commission 412 Union Train Station Little Rock, Ar. 72201 Mr. Don Zimmerman Arkansas Municipal League ~ P. O. Box 38 No. Little Rock, Ar. 72115. Attachment An Equal Opportunity Employer r-