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RESOLUTION AUTHORIZING THE COMMENCEMENT OF LITIGATION AGAINST COLUMBIA UTILITIES, LLC

↑Meetings/Resolutions/27-2022
Activeformal_resolutionongoingAuthorizes the Town to commence litigation against Columbia Utilities, LLC to enforce the Community Choice Aggregation Electricity Supply Agreement and retains Hodgson Russ LLP as outside counsel for this purpose.
First seen
2022-05-19
Latest event
2022-05-19
adopted
Expires
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Resolution text

RESOLVED

  1. Commencement and prosecution of a civil action against Columbia, and any other appropriate party, for the purpose of enforcing the Supply Agreement and protecting the interests of the Residents, including but not limited to preventing any breach, and/or recovery of damages from any responsible party on behalf of the Town/City/Village and its residents and small non-residential customers, is hereby authorized and approved.
  2. The Supervisor and staff are authorized to take all appropriate steps to support the successful prosecution of the proceeding.
  3. The retention of Hodgson Russ LLP as outside counsel is hereby authorized for the purpose of commencing and prosecuting this action. Nothing in this Resolution authorizes the expenditure of funds for such purpose.
  4. This Resolution shall be effective immediately upon its adoption.
Show preamble — 4 WHEREAS clauses
  • WHEREAS, Columbia Utilities, LLC, including any subsidiaries and affiliates, (herein collectively "Columbia") is an independent retail energy supply company
  • WHEREAS, the Town of Red Hook entered into a Community Choice Aggregation Electricity Supply Agreement ("Supply Agreement") with Columbia and Joule Assets Inc. ("Joule"), with Joule acting as Community Choice Aggregation Administrator, to provide energy benefits to residents and small non-residential customers within the Town of Red Hook ("Residents")
  • WHEREAS, on April 19, 2022, Columbia notified the Public Service Commission that that it intends to transfer these Residents to the utility, which transfer would constitute a breach of the Supply Agreement by terminating service without cause or in accordance with the terms of the Contract
  • WHEREAS, the Town of Red Hook desires to retain Hodgson Russ LLP as counsel for the purpose of joining Joule in commencing litigation on behalf of the Town of Red Hook to enforce the Supply Agreement

Lifecycle (1 event)

2022-05-19adoptedvote: unanimous
Authorize the commencement of litigation against Columbia Utilities, LLC to enforce the Community Choice Aggregation Electricity Supply Agreement and retain Hodgson Russ LLP as counsel.
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. Commencement and prosecution of a civil action against Columbia, and any other appropriate party, for the purpose of enforcing the Supply Agreement and protecting the interests of the Residents, including but not limited to preventing any breach, and/or recovery of damages from any responsible party on behalf of the Town/City/Village and its residents and small non-residential customers, is hereby authorized and approved.
  2. The Supervisor and staff are authorized to take all appropriate steps to support the successful prosecution of the proceeding.
  3. The retention of Hodgson Russ LLP as outside counsel is hereby authorized for the purpose of commencing and prosecuting this action. Nothing in this Resolution authorizes the expenditure of funds for such purpose.
  4. This Resolution shall be effective immediately upon its adoption.
Whereas
  • WHEREAS, Columbia Utilities, LLC, including any subsidiaries and affiliates, (herein collectively "Columbia") is an independent retail energy supply company
  • WHEREAS, the Town of Red Hook entered into a Community Choice Aggregation Electricity Supply Agreement ("Supply Agreement") with Columbia and Joule Assets Inc. ("Joule"), with Joule acting as Community Choice Aggregation Administrator, to provide energy benefits to residents and small non-residential customers within the Town of Red Hook ("Residents")
  • WHEREAS, on April 19, 2022, Columbia notified the Public Service Commission that that it intends to transfer these Residents to the utility, which transfer would constitute a breach of the Supply Agreement by terminating service without cause or in accordance with the terms of the Contract
  • WHEREAS, the Town of Red Hook desires to retain Hodgson Russ LLP as counsel for the purpose of joining Joule in commencing litigation on behalf of the Town of Red Hook to enforce the Supply Agreement
Subject key: columbia_utilities_litigation