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majority reliance on the cheapest form of energy has a greater probability than Option 2 of <br />producing savings over Option 1. But again, with such low Option 1 fixed priced products now <br />available to TCAP members, and since there are no guarantees that Options 2 or 3, which utilize <br />spot market pricing, will remain as attractive as they were even a few months ago. <br />EXPLANATION OF "BE IT RESOLVED" SECTIONS <br />Section 1. Authorizes TCAP to submit the members load, along with the load of other <br />authorizing members, to be aggregated into a pool by TCAP's wholesale <br />supplier for a contract commencing January 1, 2018 and terminating <br />December 31, 2022 with the understanding that the fixed, full- requirements <br />price under Option 1 must not exceed 4.1 cents per kWh in the North and <br />West zones and must not exceed 4.25 cents in the Houston and South zones. <br />Section 2. Sets conditions precedent that the aggregated load exceed 50 MW, that the <br />resolution be passed before February 25, 2016, and that NextEra has until <br />June 3, 2016 to lock in a fixed price for the aggregated load that does not <br />exceed benchmark prices. It also requires the designation of a specific <br />individual, by name or title, who are authorized to sign a contract within 24 <br />hours of submittal, assuming the conditions have been met. <br />Section 3. Consistent with the last two Whereas clauses, this section commits the <br />member to budget for and approve funds necessary to pay for the member's <br />proportionate share of the aggregated load that TCAP commits to with <br />NextEra. TCAP will contract with NextEra based upon representations of <br />authorizing members, each of whom will be provided with a Commercial <br />Electric Service Agreement ( "CESA ") with GEXA, the current REP, that <br />extends current retail service terms with the lower wholesale price arranged <br />with NextEra for the 2018 -2020 time period. <br />Section 4. In order for TCAP to be informed of the passage of the resolution so that the <br />member's load can be aggregated by NextEra, this section specifies that a <br />copy of the resolution should be sent to TCAP's Executive Director and <br />General Counsel. <br />3137/10/5098893 <br />Wi <br />