AMENDMENT NO. 1 TO EKLUTNA POWER PURCHASE AGREEMENT

AMENDMENT NO. 1 TO EKLUTNA POWER PURCHASE AGREEMENT

This AMENDMENT NO. 1 TO EKLUTNA POWER PURCHASE AGREEMENT, dated as of the 27th day of September, 2019 (this “Eklutna PPA Amendment”), is made and entered into by and between (i) CHUGACH ELECTRIC ASSOCIATION, INC., an Alaska not-for-profit electric cooperative corporation (“Purchaser”), and (ii) the MUNICIPALITY OF ANCHORAGE, a political subdivision organized under the laws of the State of Alaska (“Seller”). Purchaser and Seller are hereinafter referred to individually as a “Party” and collectively as the “Parties”.

RECITALS

WHEREAS, Purchaser and Seller entered into that certain Eklutna Power Purchase Agreement dated as of December 28, 2018 (the “Eklutna PPA”);

WHEREAS, Section 15.7 of the Eklutna PPA provides that Purchaser and Seller may amend the Eklutna PPA upon the execution and delivery of a written agreement executed by each Party; and

NOW, THEREFORE, pursuant to Section 15.7 of the Eklutna PPA and in consideration for the premises and agreements hereinafter set forth, the Parties, intending to be legally bound, agree as follows:

1. Revision to Section 15.11.  The following sentence is added at the end of Section 15.11 of the Eklutna PPA:

It is the understanding of the Parties that this PPA, as a wholesale power agreement between public utilities governed by AS 42.05.431(b), will not take effect without the prior approval of the RCA, and will at all times after any such approval be subject to the RCA’s continuing authority over wholesale power agreements.

2. Effective Date and Incorporation of Terms of Eklutna PPA.  This Amendment shall be deemed effective as of the Effective Date as defined in Exhibit A to the Eklutna PPA and, without in any way limiting the effect of the amendment set forth in Section 1 of this Amendment, shall be subject to all the terms and conditions of the Eklutna PPA.

3. Counterparts.  This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement.  A signed copy of this Amendment delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Amendment.

[Remainder of the page intentionally left blank]

1

Amendment No. 1 to Eklutna PPA

dated as of December 28, 2018 between

Municipality of Anchorage and Chugach Electric Association, Inc.

IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the date first written above by their respective officers and officials thereunto duly authorized.

/
	MUNICIPALITY OF ANCHORAGE, ALASKA
	By /s/ Xxxxxxx X. Falsey_________________ Name:  Xxxxxxx X. Xxxxxx Title:  Municipal Manager
	CHUGACH ELECTRIC ASSOCIATION, INC.
	By /s/ Xxx X. Thibert___________________ Name:  Xxx X. Xxxxxxx Title:  Chief Executive Officer



Signature Page to

Amendment No. 1 to Eklutna PPA

between

Municipality of Anchorage and Chugach Electric Association, Inc.