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5.13 EMRUSR 11-12-2024�i Elk River --�- Municipal Utilities UTILITIES COMMISSION MEETING TO: FROM: ERMU Commission Mark Hanson — General Manager MEETING DATE: AGENDA ITEM NUMBER: November 12, 2024 5.13 SUBJECT: Amendment to Minnesota Municipal Power Agency Agreement ACTION REQUESTED: Approve ERMU Resolution 24-13 Amending the MMPA Agency Agreement BACKGROUND: Minnesota Municipal Power Agency (MMPA) is requesting approval of the attached agency amendment regarding weighted voting to their power sales agreement with ERMU. Weighted voting totals are used for specific actions of the MMPA Representatives, such as approving new members and approving the issuance of debt. Currently, each MMPA member gets one weighted vote, plus another vote for every 5,000 Megawatt -hours (MWh) it purchases from MMPA in a year. The current weighted voting totals for 2024 are attached for reference. DISCUSSION: The MMPA Board of Directors identified an issue with the current weighted voting definition. A member could receive a disproportionate number of votes from sales to a large customer if MMPA invested capital to provide transmission and distribution service to the customer, rather than the member. MMPA's Representatives approved an amendment to MMPA's Agency Agreement changing how weighted votes are calculated. The amendment would exclude Megawatt -hours delivered to a customer when MMPA has made the investment in transformation or other facilities to directly serve the customer, rather than the member. NEXT STEPS: MMPA's Agency Agreement requires approval by two thirds of members' governing bodies. This means that approval is needed by the Elk River City Council in addition to the ERMU Commission. ERMU staff will work with city staff to facilitate the council approval process. ATTACHMENTS: • MMPA Member Voting Totals, 2024 • MMPA Resolution 2024-01 (Amending Agency Agreement —Weighted Voting Totals) • ERMU Resolution 24-13 Amendment to MMPA Agency Agreement Page 1 of 1 145