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Correspondence - Non-Agenda
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55695.00001\33485367.1 <br />9 <br />SECTION 4: ADDITIONAL PARTIES AND IMPLEMENTATION OF CCA PROGRAM <br />4.1 Additional Parties. An incorporated city or county, or other public agency as <br />authorized by California Public Utilities Code § 331.1, may become a member of the Authority <br />and a Party to this Agreement upon satisfaction of the following: <br />4.1.1 Adoption of a resolution by the governing body of the proposed additional <br />party approving the Agreement, and requesting participation and an intent to join the <br />Authority; <br />4.1.2 Adoption by the Board of a resolution authorizing participation of the <br />proposed additional party; <br />4.1.3 Satisfaction of any additional conditions as established by the Board or <br />applicable laws or regulations; and <br />4.1.4 Execution of the Agreement by the proposed additional party. <br />4.2 Continuing Participation. The Parties acknowledge that participation in the CCA <br />Program may change by the addition or withdrawal or termination of a Party. The Parties agree <br />to participate in good faith with additional members as may later be added. The Parties also agree <br />that the withdrawal or termination of a Party shall not affect the enforceability of this Agreement <br />as to the remaining Parties, or the remaining Parties’ continuing obligations under this Agreement. <br />4.3 Implementation of CCA Program. The Authority shall cause to be prepared an <br />implementation plan meeting the requirements of California Public Utilities Code § 366.2 <br />(“Implementation Plan”) and any applicable regulations of the California Public Utilities <br />Commission (“CPUC”). The Board shall approve the Implementation Plan prior to it being filed <br />with the CPUC. The Authority, acting by and through the Board, shall take all such steps as are <br />necessary and appropriate to implement the Implementation Plan and the CCA Program in a <br />manner consistent with this Agreement. <br />4.4 Power Supply. The Board will establish power supply options for the Authority. <br />The Authority’s power supply options will include, but not be limited to, renewable and GHG-free <br />base product that is equivalent to the minimum required by law. Each Party may select its power <br />supply base product for the ratepayers in its jurisdiction. Each Party shall also have the flexibility <br />to achieve its climate goals without impeding any other Party from doing the same. <br />4.4 Authority Documents. The Parties acknowledge and agree that the operations of <br />the Authority will be implemented through various program documents and regulatory filings duly <br />adopted by the Board, including, but not limited to, bylaws, an annual budget, and plans and <br />policies related to the CCA Program. The Parties agree to abide by and comply with the terms and <br />conditions of all such Authority documents that may be approved or adopted by the Board. <br />4.5 Termination of CCA Program. Nothing contained in this Agreement shall be <br />construed to limit the discretion of the Authority to terminate the implementation or operation of
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