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AGREEMENTS\\National Grid-Refund Settlement-Street Light Billings-5-18-2020
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT AND
MUTUAL RELEASE WITH NIAGARA MOHAWK POWER
CORPORATION D/B/A NATIONAL GRID CONCERNING
STREET LIGHTING SERVICE BILLINGS
RESOLUTION NO. ________________________________________________________, 2020
INTRODUCED BY: ________________________________________________________
WHO MOVED FOR ITS ADOPTION
SECONDED BY: __________________________________________________________
WHEREAS, the Queensbury Town Board previously authorized Cost Control Associates to
audit the Town of Queensbury’s utility and/or telecommunication bills as previous audits had resulted
in significant recovery of past over-billings as well as reductions in ongoing billings, and
WHEREAS, Cost Control Associates has advised the Town that it has identified $14,695.86 in
street lighting services over-billings by Niagara Mohawk Power Corporation d/b/a National Grid
(National Grid) and has successfully negotiated with National Grid to refund these over-billings, and
WHEREAS, Cost Control Associates has recommended that the Town Board accordingly
approve the proposed Settlement Agreement and Mutual Release between the Town and National
Grid substantially in the form presented at this meeting,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes the
Settlement Agreement and Mutual Release with Niagara Mohawk Power Corporation d/b/a National
Grid (National Grid) providing for National Grid’s refund to the Town in the gross amount of
$14,695.86, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute the Settlement Agreement and Mutual Release with National Grid in the form substantially
presented at this meeting and the Town Supervisor and the Town Budget Officer to take such other
and further actions necessary to effectuate all terms of this Resolution.
th
Duly adopted this 18 day of May, 2020 by the following vote:
AYES :
NOES :
ABSENT:
SETTLEMENT AGREEMENT AND MUTUAL RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement"),
entered into and effective as of the 13th day of May, 2020, by and between Niagara Mohawk
Power Corporation d/b/a National Grid ("the Company") and the Town of Queensbury, New
York("the Customer"and collectively with the Company, "the Parties").
WHEREAS, the Customer receives street lighting service from the Company under the
Company's billing account number(s) 05752-93104 (Master) and 04538-81108, 04938-81100,
39536-63103, 46738-81102, 54738-80102, 91738-82104, 99538-78100 (Subordinates); and
WHEREAS, Cost Control Associates, ("Consultant") as an authorized representative of
the Customer, issued a complaint on behalf of the Customer ("the Complaint") on January 11,
2018 with the Company challenging the charges for street lighting services collected by the
Company during the period from February 1, 2012 to present; and
WHEREAS, the Company issued its claims response to the Complaint on August 12,
2019 ("the Response"); and
WHEREAS, the Parties wish to resolve all relating to the Complaint and to the street
lighting services provided by the Company to the Customer at all times prior to and through and
including Junel, 2020 (collectively, "the Claims");
NOW THEREFORE, in exchange for the covenants and releases contained herein and
intending to be legally bound thereby, the Parties stipulate and agree as follows:
1. The Company agrees to pay the Customer the sum of$14,695.86, which amount shall be
due and payable ten (10) days after the Customer provides to the Company proof in writing that
this Agreement has been accepted and approved by the authorized representative(s) of the
Customer. Should such evidence of approval by Customer's authorized representative(s) be
unreasonably withheld or delayed, the Company may terminate this Agreement on ten (10) days
written notice to the Customer.
2. The Customer for itself, its successors and assigns, shall and hereby does release, remise,
acquit and forever discharge the Company, its successors and assigns, representatives and agents,
of and from any and all manner of claims, demands, damages, debts, dues, sums, accounts, costs,
obligations, proceedings, actions, causes of action, or suits, of any nature whatsoever, whether in
tariff, law, equity or otherwise, which it, its successors and assigns, now have or hereafter can,
shall or may have arising in any way out of, or with respect to, the Claims, or any matter related
thereto, including those not yet ascertainable, if any, resulting therefrom at any time prior to and
through and including June 1, 2020.
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3. The Company for itself, its successors and assigns, shall and hereby does release, remise,
acquit and forever discharge the Customer, its successors and assigns, representatives and agents,
of and from any and all manner of claims, demands, damages, debts, dues, sums, accounts, costs,
obligations, proceedings, actions, causes of action, or suits, of any nature whatsoever, whether in
tariff, law, equity or otherwise, which it, its successors and assigns, now have or hereafter can,
shall or may have arising in any way out of, or with respect to, the Claims, or any matter related
thereto, including those not yet ascertainable, if any, resulting therefrom at any time prior to and
through and including June 1, 2020.
4. The Customer further stipulates and agrees:
(i) that New York Public Service Commission ("PSC") policies and orders require
the Company to offset or "net" undercharges and overcharges occurring within a
billing account for each billing period to determine whether the customer was
overcharged for service during that billing period; and
(ii) that such netting is not prohibited by the PSC's regulations concerning
backbilling; and
(iii) that they shall not object to the use of such netting by the Company within each
billing period for individual billing accounts in determining the refunds due to the
Customer, if any, in any future claim or proceeding.
5. Solely for the purpose of determining charges for street lighting service provided by the
Company to the Customer on and after June 1, 2020,the Customer agrees either to (a) accept the
inventory presented in the Company's Response and as reviewed by the Consultant as a true and
accurate inventory of the Company's street lighting facilities in the Town on June 1, 2020 and to
execute a new Form SL2 Service Agreement incorporating that inventory or (b) to pay the cost
of contracting with an independent third party consultant, mutually accepted by all parties, to
perform a new survey of all street lighting facilities billable to the Customer in the Town. In the
event that Customer elects to hire an independent third party consultant to perform a new survey
of the Company's street lighting facilities in the Town, the Company will reimburse Customer
for one half of the cost of that survey within ten (10) days of the execution by Customer of a new
Form SL2 Service Agreement incorporating that inventory, provided the survey meets the
specification requirements established by the Company and the Company, at its sole discretion,
finds such cost reasonable. At the Customer's option, the Customer's cost of this survey may be
funded from the payment amount provided in paragraph 1 above if applicable.
6. Each of the Parties agrees to support the terms of this Agreement as a negotiated
resolution of the Claims, agrees not to take a position in any proceedings before the PSC or any
court relating to these matters (the "Proceedings") contrary to the agreements set forth herein,
and agrees not to assist another participant in taking such a contrary position.
7. The discussions between and among the Parties that have resulted in this Agreement have
been conducted with the explicit understanding, pursuant to the PSC's regulations, that all
written and oral offers, prior proposals of settlement and discussions relating thereto, as well as
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supporting materials, will remain confidential communications, are without prejudice to the
position of any of the Parties, are not admissible into evidence in the Proceedings or any other
proceedings, and will not be used in any manner in connection with the Proceedings, other
proceedings, or for any other purpose other than enforcement of the provisions hereof. As such,
each of the Parties agrees to maintain the confidentiality of all discussions, all offers of
settlement and discussions related thereto, as well as all supporting materials.
8. Except as expressly stated herein, the making of this Agreement shall not be construed,
interpreted or otherwise deemed in any respect to constitute an admission by any of the Parties
regarding any allegation, contention, or issues raised in the Claims or addressed in this
Agreement.
9. If a court or other adjudicative or regulatory body rules that any provision of this
Agreement is invalid or unenforceable, the remaining provisions shall nevertheless continue in
full force.
10. This Agreement may be executed in one or more counterparts, all of which taken together
shall constitute one and the same instrument.
11. This Agreement represents the entire agreement of the Parties with respect to the matters
resolved herein.
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IN WITNESS WHEREOF,the Parties have caused this Agreement to be duly executed as of
the date first written above by their duly authorized representatives.
Niagara Mohawk Power Corporation d/b/a National Grid
By:
Name (Print): Janette Scrivens
Title (Print): Manager, Regional Account Services
Date
Town of Queensbury
By:
Name (Print): John Strough
Title (Print): Town of Queensbury Supervisor
Date:
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