4.02 4.2
AGREEMENTS\National Grid-Refund Settlement-LED Street Light Billings—9-25-2023
RESOLUTION AUTHORIZING SETTLEMENT AGREEMENT
AND MUTUAL RELEASE WITH NIAGARA MOHAWK POWER
CORPORATION DB/A NATIONAL GRID
RESOLUTION NO. ,2023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, in the summer of 2019, a number of streetlights located along Main Street
and Route 9 in the Town of Queensbury were converted to LED, in part for cost savings, and
WHEREAS, following this project, the billing to the Town did not take into account this
conversion, and
WHEREAS, a complaint was made to Niagara Mohawk Power Corporation d/b/a National
Grid (National Grid) on or about April 18, 2023 to correct this error and National Grid has
provided a Settlement Agreement and Mutual Release to the Town to address the complaint, and
WHEREAS, the Settlement Agreement and Mutual Release calls for the payment of
$25,018.05 to the Town in full satisfaction of the overpayments, and
WHEREAS, this sum appears to the Town Board to be appropriate,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves of the Settlement Agreement
and Mutual Release with National Grid with the changes proposed by Town Counsel providing for
National Grid's refund to the Town in the amount of$25,018.05, 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 which includes Town Counsel's changes and the Town Supervisor, Town
Budget Officer and/or Town Counsel to take such other and further actions necessary to effectuate all
terms of this Resolution.
Duly adopted this 25t'day of September, 2023 by the following vote:
AYES
NOES
ABSENT:
SETTLEMENT AGREEMENT AND MUTUAL,RELEASE
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE ("Agreement") is
made as of the last date appearing on the signature page of this Agreement (the "Effective
Date"), 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 energy service under PSC 214 Service
Classification No. 3 ("SC-3") from the Company under the Company's billing account numbers
0215005002 and 8104825003; and
WHEREAS. the Company received a Complaint on April 18, 2023,challenging what the
Company charged for SC-3 street lighting energy services associated with '(_:
during the bill periods from July 2019 ("Claim Period Origination Date")to present;
and
WHEREAS, the Company issued a response to the Complaint on April 18, 2023 ("the
Response"); and
WHEREAS, the Parties wish to resolve all claims relating to the Complaint from Claim
Period Origination Date through August 31, 2023, (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$25,018.05, which shall be due and
payable ten (10) days after the Customer provides to the Company written documentation by
Customer's authorized representative(s) acknowledging acceptance of this Agreement. Should
such written documentation be unreasonably withheld or delayed, the Company, after having
given ten (10) days written notice to the Customer, may terminate this Agreement
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 August 31, 2023.
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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 August 31, 2023.
4. Each of the Parties agree to support the terms of this Agreement as a negotiated
resolution of the Claims, nor to take a position in any proceedings before the PSC or any court
relating to these matters contrary to the agreements set forth herein, nor to assist another
participant in taking a position contrary to the Agreement.
5. All written and oral offers, prior proposals of settlement and discussions relating thereto,
as well as supporting materials, are confidential communications, are without prejudice to the
position of any of the Parties, and are not admissible into evidence in any proceedings, and shall
not be used in any manner in connection with any proceedings, or for any 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, as well as all supporting materials
6. Except as expressly stated herein, neither this Agreement, nor the negotiations
concerning this Agreement, shall be construed or interpreted in any respect as an admission by
any of the Parties regarding any allegation, contention, or issue raised or addressed in the Claims
or Agreement.
7. 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.
& This Agreement may be executed in one or more counterparts, all of which taken together
shall constitute one and the same instrument.
9. This Agreement represents the entire agreement of the Parties with respect to the matters
resolved herein.
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IN WITNESS WHEREOF, intending to be legally bound, the Parties' duly authorized
representatives have executed this Agreement as of the Effective Date.
Niagara Mohawk Power Corporation d/b/a National Grid
By:
Name (Print):
Title(Print):
Date:
Town of Queensbury
By:
Name (Print):
Title (Print):
Date:
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