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<br />negotiation agreement with TXU for a capacity contract from the proposed Oak Grove <br />lignite plant. On August 20th, TXU announced its intention to seek permits to construct <br />10 new coal fired plants in Texas. In July, Dallas Mayor Laura Miller began forming a <br />group to challenge whether the coal pulverization technology proposed by TXU was the <br />best available technology for such coal plants. In the meantime, CAPP Board members <br />and its consultants visited the Oak Grove site and commenced contract negotiations. The <br />draft contract provides for a 25 year term, beginning January 1,2009, with power to be <br />provided at a fixed price throughout the term of the contract. By December, contract <br />negotiations were nearing completion. As part of its due diligence, CAPP and its sister <br />aggregation entity ST AP (South Texas Aggregation Project) hired a consultant to <br />perform a load flow study to determine plant load flow efficiencies. If the TCEQ <br />approves the Oak Grove air permit at the hearing scheduled for January 11,2007, CAPP <br />will begin distributing specific contract information and providing a DVD presentation <br />and in-person presentations to city managers, mayors, and city councils. CAPP members <br />will then consider passage of resolutions committing to participate and authorize issuance <br />of debt, or opt out of the long term contract. CAPP will also provide a renewable energy <br />option so that CAPP members may choose to buy renewable energy credits (REC's) to <br />address environmental concerns. Once the debt is issued and sold, CAPP members <br />would then approve and sign a contract. The energy price under the long term contract <br />would be fixed and be considerably lower and lack the volatility of traditional retail <br />electric pricing. <br /> <br />2006 CAPP Saving and Membership Growth <br /> <br />During 2005, CAPP member savings over Price to Beat was approximately <br />16.38%, or $15.6 million. In 2006, CAPP decreased its aggregation fee from 1.5 mils per <br />kWh to 1.3 mils. Following the spike in energy costs caused by the Hurricanes Katrina <br />and Rita, many cities and special districts not in CAPP began searching for an <br />organization to assist them in procuring a cheaper and more stable energy supply. In <br />addition, CAPP representatives aggressively marketed CAPP in the Houston area. Many <br />were particularly interested in participating in the long term contract. Oak Point, <br />Copperas Cove, Whitney, Celina, Aquilla Water Supply District, and Houston area cities <br />Sugar Land and LaMarque joined CAPPo CAPP membership topped 90 members, with <br />several others considering membership. <br /> <br />Financial Stability <br /> <br />CAPP is audited annually. It received an unqualified audit opinion for its 2005 <br />financials. CAPP ended 2005 with equity of $1.3 million. The auditor, Weaver & <br />Tidwell, noted CAPP's strong balance sheet. <br /> <br />Initiative to Lower T & D Rates <br /> <br />CAPP continued its cooperation with the TXU Cities Steering Committee in its <br />effort to reduce transmission and distribution (T & D) rates charged by TXU Electric <br />Delivery (TXUED). In January, the Steering Committee reached an agreement with <br /> <br />2 <br /> <br />r' . <br />