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Show CHAPTER HI 87 (14) Navajo Generating Station Construction Agreement between the participants dated March 23, 1976, No. 14-06-300-2274. Salt River Project was named Project Manager. (15) Edison-Navajo Transmission Agreement, dated May 21, 1973, No. 14-06-300-2299, between the participants and southern California Edison Company. This covers the interconnection of the Navajo Transmission System with the 500 kV transmission line from Four Corners to the Mohave Project of the Moenkopi switching station and the operation of the two 500 kV transmission lines. It also covers installation of series capacitors on the Navajo-McCullough 500-kV transmission line and the Moenkopi-Eldorado 500-kV transmission line. The following contracts have been completed in draft form: (a) East Wing - West Wing Rights-of-Way Agreement. The principles for interconnection of the United States Navajo Project West Wing facilities with the 230-kV Liberty-Pinnacle Peak transmission facilities and the principles for necessary amendments to existing contracts have been informally agreed to with Salt River Project; (b) Navajo Generating Station Operating Agreement; (c) Southern Transmission System Operating Agreement; (d) Western Transmission System Operating Agreement; (e) Interconnection Agreement, Four Corners - Navajo-Mohave. Draft is in substantially final form but execution has been postponed indefinitely due to basic disagreement regarding Bureau of Reclamation reserves; policy question remains as to whether the Bureau of Reclamation will agree to a mutual release of liability provision. E.5 Litigation The Navajo Project has given rise to the following litigation: (1) The Jicarilla Apache Tribe of Indians et al. v. Morton et a\., consolidated with National Wildlife Federation et al. v. Morton et al, Civil No. 71-566-PHX-WCF (D.C. Ariz.), alleging violation of the National Environmental Policy Act, 42 U.S.C. Sections 4321 et seq. The District Court held for the defendants. Oral argument of Plaintiffs' appeal to the Ninth Circuit was held on July 13, 1972. (2) Lomayaktewa et al. v. Morton et al, Civil No. 72-106 PCT-WCF (D.C. Ariz.), attacking the validity of the Black Mesa strip mining lease between Peabody Coal Company and the Hopi Tribe. This action, originally filed in the District of Columbia, was transferred to the United States District Court for the District of Arizona on March 3, 1972. (3) Arizona Power Pooling Association et al v. Morton et al, Civil No. 72-125-PCT-WPC, filed in August 1971, challenging the validity of the contracts for interim sale of the United States Navajo Project entitlement to Southern California Edison Company, Nevada Power Company, and Tucson Gas and Electric Company, all nonpreference customers. Arizona Power Authority Intermountain Consumer Power Association, and Bountiful, Utah, have intervened on behalf of the Plaintiff. The District Court held in favor of the United States. Plaintiffs appeal was heard in September 1975. The Appellate Court reversed the District Court and remanded the case for further proceedings. A clarification of the order was requested and issued in December 1975. A Petition for a Writ of Certiorari, filed by the Private Utility Defendants with the Supreme Court, was, however, denied. In the meantime, the Plaintiffs are exploring the possibility of arriving at a settlement with the nonpreference layoff contractors. The City of Anaheim filed for an injunction against the sale of United States entitlement power to Edison Company pending resolution of existing court actions. The preliminary injunction was denied, but the Plaintiffs have appealed the decision. A similar suit has been filed by the cities of Riverside, Anaheim and Banning, California. The court has delayed review of this suit pending final action on the APPA suit. £.6 Committees The Navajo Project participants (includes the United States) established two major committees. These were a Legal and Negotiating Committee, composed of their legal, engineering, and administrative represent- |