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CFAC Contract Amended for FY 2009 by Staff BPA Journal, March 2009

BPA, Montana-based Columbia Falls Aluminum Company and Flathead Electric Coop Inc., negotiated an amendment to the 2007 Block Power Sales Agreement (2007 Block Contract) to reflect use of the industrial power rate as the basis for the monetized arrangement directly between BPA and CFAC. BPA and CFAC negotiated the amendment for the balance of FY 2009. The amendment recalculates payments for the months of December 2008 and January and February 2009 and is consistent with the United States Court of Appeals for the Ninth Circuit December 2008 opinion. The proposed amendment is substantially similar to the amendment entered into with Alcoa in January 2009. CFAC has agreed to operate half of a pot line through June and employ a minimum of 85 workers or the amendment may be terminated by BPA. In the event CFAC meets these operating and employment level requirements, it will be eligible to receive payments from BPA for operations through September. This proposed agreement was available for an abbreviated public review process in February. For more information, go to www.bpa.gov/power/pl/regionaldialogue/ implementation/documents/.