HomeMy WebLinkAboutMinutes 07/29/1996UTILITY ADVISORY COMMITTEE
Port Angeles, Washington
July 29, 1996
L Call to Order:
Chairman Michalczik called the meeting to order at 4:05 p.m.
Roll Call:
Members Present:
Members Absent:
Staff Present:
Public Present:
Gary Braun, Orville Campbell, Lar~ Doyle, Joe Michalczik, and
Bill Myers.
None.
C. Knntson, B. Titus, and C. Hagar.
N. Schaefer.
II1. Discussion Items:
A. Discuss Retail Rates and Wholesale Power Contracts
Light Director Titus opened the meeting by passing out copies of the latest version of the new
power sales agreement being negotiated with BPA. Copies of a draft power sales agreement with
Louisville Gas & Electric (LG&E) were also distributed as well as a copy of proposed retail
wheeling language drafted by WPAG. It was pointed out that the BPA agreement was in its 8 o
9th iteration and was still subject to change.
Director Titus started the discussion by stating that the purpose of the meeting was to bring the
UAC and representatives from the mills up to date on the negotiations and to insure that issues in
the contracts and upcoming retail rate proposals were clearly understood. He stated that
negotiations with BPA were nearing the final stages and that the materials passed out to the UAC
were current with negotiations haven taken place the previous Friday in Olympia.
Director Titus then proceeded to go through the BPA agreement reviewing those sections where
disagreement or concerns still existed. Some of the difficulties are only ones of wording and
relatively little time was spent in their review but in the two areas where the parties are still far
apart, considerable discussion ensued. Those areas were dispute resolution and retail wheeling.
With dispute resolution, the utilities are concerned that BPA has yet to indicate what kind of
issues either can or can't be resolved by arbitration. Federal law prohibits BPA from arbitration in
some cases but the utilities would like to compare their interpretation to BPA's. BPA has also
failed to include any specifics as to process in their proposed language which could lead to
litigation just to determine how to arbitrate. The WPAG goal is to speed up the dispute resolution
process as much as possible since currently our only option to resolve a dispute is to sue BPA in
Federal Court and on average this is an 18-24 month process.
Director Titus then moved on to a discussion of retail wheeling issues which provoked the most
discussion. Retail wheeling was explained as an instance where the end use customer goes directly
to the market to obtain power rather than going to their local utility. The existing contract with
BPA does not address retail wheeling and BPA has indicated that they would treat it as
unauthorized load removal which under our existing contract would allow them to continue to bill
us as if the load still existed. We would need to take BPA to court to argue against that
interpretation but in the meantime we would be forced to pay since the existing contract also
requires us to pay our bills and dispute their validity after the fact. In our specific case, for
example, if Daishowa were to go to the open market and purchase power, BPA could bill us
upwards of $500,000 a month for which we would have no offsetting revenue.
In the new contract mandated retail wheeling would be dealt with in the same way as in the
existing contract. If the utility voluntarily provided an industrial customer the ability to retail
wheel BPA would charge the utility for lost revenues plus a penalty. The WPAG utilities
countered BPA's proposal with one of their own that provided far different terms. In the case of
mandated retail wheeling the ultimate decision would again defer back to the existing contract but
the utilities would not have to pay in advance while the issue was decided. In the case of
voluntary retail wheeling a formula was proposed whereby the utility would pay for lost margins
incurred by BPA with no penalty. WPAG also suggested a third consideration whereby BPA
would assume all liability if they provided transmission access to allow retail wheeling.
The financial consequences of this issue provoked considerable discussion among the UAC
members and mill representatives. The mills have for some time expressed a desire to access the
marketplace as soon as possible and want assurances that the City will not enter into any
agreement that will negatively impact their ability to do so. Council members were concerned
about the liability faced by the City under the existing agreement or any future agreement should
the mills or any of our other customers gain market access at the expense of the remainder of our
customers. Various opinions were expressed as to the ability of the mills to access the market,
when the State legislature might promulgate legislation allowing retail wheeling and what ability
BPA had to prohibit access to its transmission system. Unfortunately it is unclear as to how
existing law might apply to a circumstance that was never contemplated when the law was passed.
About the only certainty that exists is that BPA will do everything in its power to delay retail
wheeling for as long as possible because BPA could not survive the loss of all its industrial load.
It was also pointed out that if BPA's continued existence was in jeopardy that Congress would
very likely step in and ensure their viability. There is no way that the remaining WPPSS and
treasury obligations will not be paid by the region although how that might occur is unknown.
The meeting concluded with an acknowledgment that the issue of retail wheeling was critical and
that staff should aggressively pursue contract language that would allow our industrial customers
to access the market while protecting our remaining customers from financial penalty.
IV.. Adjournment:
The meeting adjourned at 6:45 p.m.