HomeMy WebLinkAboutAgenda Packet 03/11/2008
Utility Advisory Committee
Public Works Conference Room
Port Angeles, W A 98362
March 11, 2008
3:00 P.M.
I. Call To Order
II. Roll Call
III. Approval Of Minutes For February 12, 2008
IV. Election Of Officers
V. Late Items
VI. Discussion Items
A. Benefit Dump Day
B. Compost Rate Ordinance
C. Power Pole Replacement Contract Award
D. Energy Conservation Program Annual Report
E. Energy Champion Agreement
F. Cost Of Service Study Agreement
G. Standstill And Interim Relief Payment Agreement
H. Interview Industrial -A-pplicant For UAC
VII. Next Meeting Date: April 9, 2008
VIII. Adjournment
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Utility Advisory Committee
Public Works Conference Room
Port Angeles, W A 98362
February 12, 2008
3:00 P.M.
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I. Call To Order
Chairman Reed called the meeting to order at 3:00 p.m.
II. Roll Call
Members Present:
Chairman Reed, Mayor Rogers, Betsy Wharton, Orville Campbell,
Dan Di Guilio
Members Absent:
None
Staff Present:
Mark Madsen, Bill Bloor, Glenn Cutler, Mike Puntenney, Steve'
Sperr, Scott McLain, Terry Dahlquist, Kathryn Neal (3: 12), Jim
Klarr (3:30), Cate Rinehart
Others Present:
None
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III.
Approval of Minutes:
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Chairman Reed asked ifthere were any corrections to the minutes of January 8,2008. ,1,',:
Councilmember Rogers moved to approve the minutes. Orville Campbell seconded the motion, . ' .
which carried unanimously with Councihnan Di Guilio abstaining. . i' . , .,: ' .
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IV.
Late Items
Western Electricity Coordinating CouncillNorth American ;"f,
Electricity Reliability Corporation (WECCINERC) Update
WP-07 Rate Case Update
Design Phase 1 CSO Projects, Amendment No.3 To Agreement
06-01
V. Discussion Items:
A. Interlocal Agreement With Clallam County PUD #1
Terry Dahlquist, Electrical Engineering Manager, advised that some overhead power lines need
to be relocated due to construction ofthe Elwha Water Facilities on the Elwha River as part of
the National Park Service Elwha Restoration Project. There was a brief discussion.
Orville Campbell moved to recommend City Council authorize the City Manager to
approve an interlocal agreement with the pun regarding facility ownership on the Elwha
River. Councilmember Wharton seconded the motion, which carried unanimously.
UTILITY ADVISORY COMMITTEE
February 12,2008
B. Move April UAC Meeting Date
Due to meeting conflicts the Tuesday, April 8th meeting date was changed to Wednesday, April
9th.
C. Western Electricity Coordinating CouncillNorth American Electricity
Reliability Corporation (WECC/NERC) Update
Scott McLain, Deputy Director of Power Systems, explained that the Energy Policy Act of2005
mandated increased reliability and accountability for users and operators of the bulk power
system. After being submitted for registration by BP A, the City submitted a formal "dispute of
registration requirement" to NERC. The City had a hearing on January 8,2008 with WECC
compliance staff and subsequently the City is being removed from the WECC and NERC
registered entities lists. There was a brief discussion.
Information only. No action taken.
D. WP-07 Rate Case Update
Scott McLain, Deputy Director of Power Systems, announced that BP A had recently released its
initial proposal for reopening the 2007 Rate Case. In a related matter, BP A will offer interim
agreements that would return some of the overcollected revenues. A discussion followed.
Information only. No action taken.
E. Design Phase 1 CSO Projects, Amendment No.3 To Agreement 06-01
Steve Sperr, City Engineer, noted that since the detail design had begun several unanticipated
elements of work critical to the design effort had been identified which include use of existing
Rayonier pipelines and environmental documentation. There was a brief discussion.
Councilmember Rogers moved to recommend City Council authorize the Mayor to sign
Amendment No.3 to the Agreement with Brown and Caldwell for the detailed design of
Phase 1 CSO Projects, increasing the maximum compensation amount under the
agreement by $102,700, from $1,745,000 to $1,847,700. Councilmember Wharton seconded
the motion, which carried unanimously.
F. Statewide PUD Mutual Aid Agreement
Jim Klarr, Light Operations Manager, explained that Washington public utilities (municipal and
PUDs) have traditionally worked closely on many matters including mutual assistance for storm
response and recovery. The mutual aid plan and agreement allows the City to both provide and
UTILITY ADVISORY COMMITTEE
February 12,2008
receive support from the other signatory utilities in an efficient and timely manner in the event of
a disaster. A discussion followed.
Orville Campbell moved to recommend to City Council that the City of Port Angeles
Electric Utility become a signatory to the Washington Public Utility District Mutual Aid
Plan. Councilmember Rogers seconded the motion, which carried unanimously.
VI. Next Meeting Date: March 11, 2008
VII.
A djornment:
The meeting was adjourned at 3:58 p.m.
Chairman Reed
Cate Rinehart, Admin Spec II
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Utility Advisory Committee Memo
Date:
March 11, 2008
To:
Utility Advisory Committee
From:
Tom McCabe, Solid Waste Superintendent
Subject:
Benefit Dump Day
Summary: The City of Port Angeles sponsors an annual Benefit Dump Day for all Clallam
County residents. The scheduled date this year is Sunday, April 20th from 9:00 am to 3:00 pm.
Staff recommends increasing the suggested minimum donation from $5.00 to $10.00 a vehicle.
Recommendation: Information Only
Background/Analysis: The Solid Waste Division sponsors an annual Benefit Dump Day for all
Clallam County residents. At past events, a minimum $5 donation was collected from each
vehicle by the Port Angeles Food Bank. Dumping is restricted to one load per household with
vehicle sizes up to a 3/4-ton pick-up truck or a trailer measuring 5 ft x 8 ft and a maximum limit
of four tires and four appliances per customer. Commercial haulers are not allowed. Large
appliances, metals, and tires are collected for recycling.
Promotion / Advertisine:
Peninsula Daily News
Sequim Gazette
KONP Radio
Staff for the Event
Waste Connections (Transfer Station)
City Staff (metal pile, scales, gate)
Clallam County Staff (for oil and antifreeze)
Food Bank Staff and Volunteers (gate)
Police Patrol Volunteers (traffic control)
The 2008 Benefit Dump Day will be Sunday, April 20. Mikki Saunders, Director of the Port
Angeles Food Bank has asked the City to consider increasing the minimum suggested donation
to $10.00 per vehicle. City staff supports her requests for the increase.
The hours and load restrictions will be the same as previous years. The tipping fees and labor
cost is built into the current tipping fees.
SUMMARY STATISTICS FOR PAST EVENTS
Event Totals
Year Vehicle Solid Cash Food (lbs)
Trips Waste Contribution Contribution
Tons
2003 1,400 581 $3,259 5,840
2004 706 251 $1,960 2,440
2005 841 300 $1,998 Not available
2005 677 234 $3,664 Not collected
2007 713 223 $4,304 Not collected
Demographic of Users and Fees Not Collected
2007 2007 Tip Fees Not
Location Vehicles Tonnage Collected
City of
P.A. 286 83.98 $8,146.06
Sequim 20 6.49 $629.53
Forks 1 .74 $71.78
East
County 248 82.76 $8,027.72
West $4,745.24
County 158 48.92
Totals 713 222.89 $21,620.33
Transfer S tation Total: 141.48 tons
Recycling Total: 81.42 tons (tires / metal pile / oil / batteries)
Refrigerator/Freezer Environmental Fees Waived: 84 units ($1,680)
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Utility Advisory Committee Memo
Date:
March 11, 2008
To:
Utility Advisory Committee
From:
Tom McCabe, Solid Waste Superintendent
Subject:
Revised Compost Sales Ordinance
Summary: The current rate structure for compost sales is $20.00 per cubic yard for up to three
yards and $17.00 per yard for four yards or more. City staff is proposing a more flexible rate
structure to attract new sales by allowing greater discounts for schools, non-profits, government
agencies, and customers purchasing large quantities.
Recommendation: Forward a favorable recommendation to City Council to modify the
existing ordinance to include the new rate structure outlined below.
Background/Analysis: The City started selling Class A Compost in April 2007. The city has
sold 857 cubic yards of compost to date. The compost facility is projected to make 4,000 to 6,000
cubic yards in 2008. Additionally, since the City began selling compost, it has received numerous
inquiries from private businesses and non-profits to provide greater incentives for large quantity
sales. In an effort to increase the amount of compost sold, staff is proposing a new rate structure.
It is expected that the full cost of compost production will be recovered with the following rate
structure.
Categories
Cubic Yards Cost Per Cubic Yard
Percent of Discount
Any Customer 1-3 $20 None
Any Customer 4-49 $17 15%
Schools 4-99 $15 25%
Non- Profits 4-99 $15 25%
Governments 4-99 $15 25%
Any Customer 50-99 $15 25%
Any Customer 100-299 $14 30%
Any Customer 300+ $13 35%
Attachment: Revised ordinance
ORDINANCE NO.
AN ORDINANCE of the City of Port Angeles, Washington, amending
Chapter 13.57 of the Port Angeles Municipal Code to allow a more
flexible rate structure.
THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN
as follows:
Section 1. Ordinance 3300, in part, and Subpart F of Section 3.57.020 PAMC are
hereby amended to read as follows:
F. The sales price per purchase for Class A Compost at the transfer station shall be~
$20.00 pel cubic yard for up to J yards arId $17.00 pcr yard for Illorc than J yards, plus
\Vashington Statc sales tax. After May J 1 of each ycar,
Cate2:orv
Anv Customer
Anv Customer
Anv Customer
Anv Customer
Anv Customer
Schools, Non-profit or
Government Agencies
Quantity Cubic Yards
1 .. 3
4-49
50-99
100-299
300 or more
Price Per Cubic Yard
$20.00
$17.00
$15.00
$14.00
$13.00
4 or more
$15.00
Washington State sales tax will be added to the prices listed above. tlhe Director shall
have authority to establish a different sales price for Class A Compost in response to then
existing operating conditions; provided that such price recovers the cost of providing the
compost; the price provides a benefit to the City not otherwise obtained; the City Manager,
Mayor and Council members of the Utility Advisory Committee are notified; and that the
different price expires ninety (90) days after adoption by the Director, unless it is formally
ratified by the City Council, in which event the price shall remain in effect to the end of the
calendar year.
-1-
Section 2 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener' s/clerical errors, references, ordinance numbering, section/subsection
numbers and any references thereto.
Section 3 - Severabilitv. If any provisions of this Ordinance, or its application to any
person or circumstances, are held invalid, the remainder of the Ordinance, or application ofthe
provisions of the Ordinance to other persons or circumstances, is not affected.
Section 4 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five days after its publication by summary.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
day of
, 2008.
Council held on the
Gary Braun, Mayor
ATTEST:
Becky J. Upton, City Clerk
APPROVED AS TO FORM:
William E. Bloor, City Attorney
PUBLISHED:
.2007
By Summary
G:\Legal_Backup\ORDINANCES&RESOLUTIONS\ORDINANCES.2008\07 - Compost Sales Rates.03-04-08. wpd
March 5. 2008
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Utility Advisory Committee Memo
March 11, 2008
Utility Advisory Committee
Michael Puntenney, Deputy Director Public Works and Utilities
Award Power Pole Replacement Contract, Project No. WF-65680
Summary: The Electric Utility has numerous deteriorated power poles that are in critical need
of replacement. Bids were requested to replace multiple power poles and transfer the existing
conductors at various locations within the City. Four bids were received and opened on February
26,2008. Michels Power Division of Michels Corporation, Tacoma, W A submitted the lowest
responsible bid in the amount of $63,956.00, including tax.
Recommendation: Forward a favorable recommendation to City Council to 1) transfer
funds in the amount of $70,000 from the 401-7180-533-4150 account to the 401-7111-533-
4810 account, and 2) award and authorize the Mayor to sign a contract for the Power Pole
Replacement Contract, Project No. WF-65680, with Michels Corporation, Tacoma, W A.
Background/Analysis: The Electric Utility has numerous deteriorated power poles that are
in critical need of replacement. With the City's higher amount of development over the past two
years that necessitated the installation of transformers and other electrical infrastructure for sub-
divisions, some planned maintenance work was required to be delayed. In order to catch up on
some of this essential maintenance, the Electric Utility determined that contracting out the most
urgently needed pole replacements was warranted.
The contract will include replacing existing wood poles, crossarms, and other hardware and
transferring the existing conductors at various locations on the City of Port Angeles (COP A)
power distribution system. In order to maintain the integrity of the power system for the City, it is
imperative that these deteriorated poles be replaced now. The materials for this work will be
supplied to the contractor from the Electric Utility's inventory and paid from the materials-job cost
account, 401-7180-533-3402.
Bids were requested, and four bids were received and opened on February 26,2008. Michels
Power Division of Michels Corporation, Tacoma, W A submitted the lowest responsible bid in the
amount of $63,956.00, including tax. Including contingencies for any unforeseen conditions
identified after construction commences, $70,000 is required.
N:\UAC\Final\Pole replacement contract.doc
Power Pole Replacement Contract UAC Memo
March 11, 2008
Page 2
The original government estimate for this work was $45,000. However, all four ofthe bids
received for this contract were within a competitive range between $64,000 to $75,250. City staff
believes that this is the fair market price, particularly due to the difficulty of the terrain for the
replacement of some of the poles. The bid results are summarized below:
Contractor City Bid (Including Tax)
Michels Corporation Tacoma, WA $63,956.00
Moza Constructin Tacoma, WA $75,249.11
Olympic Electric Port Angeles, W A $99,672.72
Potelco, Inc. Sumner, W A $70,806.88
Engineer's Estimate $45,000.00
The Finance Committee met on March 4, 2008 and forwarded a favorable recommendation to both
the Utility Advisory Committee and City Council to:
1) transfer funds in the amount of $70,000 for pole inspection services:
from: 401-7111-533-4150, Professional Services Account
to: 401-7180-533-4810, Repair & Maintenance Account
2) award and authorize the Mayor to sign a contract for the Power Pole Replacement
Contract, Project No. WF-65680, with Michels Corporation, Tacoma, WA.
M 8t and 5th
M 8t and Westview
APPENDIX A
POWER POLE REPLACEMENTS
WF-65680
GENERAL WORK REQUIREMENTS
The following list provides a general summary of work requirements
expected to be performed by the contractor. Detailed work requirements
are provided in the previous specifications and in the referenced
construction standards and work sketches (staking sheets) that follow:
WORK LOCATION SUMMARY OF WORK
SKETCH #
9847 A A St & 7/8 Alley Replace (1) 40/3 Pole
Modify framing on 2 adjacent poles
10249 4207 Fairmount Replace (1) 30/3 Pole
10286 10th & H Streets Replace (1) 30/3 Pole
10292 224 N. Washington Replace (1) 30/3 Pole with 40/3
Modify framing on 2 adjacent poles
10308 6/7 Alley East of Cherry St Replace (1) 40/3 & (1) 30/3 Pole
10318 1101 E. Front St. Install (1) New 30/3 Pole
10322 Chinook Motel Replace (1) 30/3 Pole
10331 1210 E. 2nd St. Replace (1) 40/3 Pole
10333 M St & 8/Westview Alley Replace (1) 40/3 Pole
Modify framing on 1 adjacent pole
10348 4/5 Alley West of M St Replace (2) 40/3 Poles
10352 214 Whidby Ave. Replace (1) 40/3 Pole
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Utility Advisory Committee Memo
March 11, 2008
Utility Advisory Committee
Larry Dunbar, Power Resources Manager
Conservation Rate Credit Program Status Report
Summary: We are at the halfway point in the Bonneville Power Administration's new
Conservation Rate Credit program. Staff will present the achievements made to date, summarize
the available rebates, and share the progress made since last June on various options to utilize
available program funding.
Recommendation: For information only, no action requested.
Background/Analysis: The Bonneville Power Administration's Conservation Rate Credit (CRC)
Program has been in operation since October 1, 2006 and offers electric utility customers rebates
for energy efficient building improvements, appliances and lighting. The CRC concludes
September 30,2009. Staffwill present the progress made on various options to utilize available
funding that were discussed with the Utility Advisory Committee last June.
Below is a summary of the program achievements from October 1,2006 through February 29,
2008. Please see the reverse side for a summary of currently available rebates.
Improvements
HVAC
Window
Water Heating
Dishwasher
Clothes Washer
Refrigerator
Showerheads
Lighting
Insulation
Air Sealing
Low Income WX
Renewables
New Construction
Totals
# Jobs/Units
2
8
60
1
114
20
2,158
57
6
21
12
1
6
2,466
N:\UAC\Final\Conservation program status report.doc
Total Cost
$43,874
47,384
11 ,772
453
170,561
28,485
13,928
57,206
13,959
10,728
9,573
10,947
2,975,000
$3,393,870
City Rebate KWh Savings
$10,171 76,297
694 2,222
1,072 4,565
25 101
5,700 36,252
500 1,658
16,773 508,775
46,096 839,519
4,780 16,195
10,728 7,827
9,572 4,469
720 1,440
5,000 15,124
$111,831 1,514,444
CRC
$10,171
667
1,124
25
8,920
500
26,140
68,099
4,860
2,408
9,572
720
6,260
$139,466
Conservation Rate Credit Program Status Report
March 11, 2008
Page 2
Summary of Currently Available Rebates
Available Single-Family Manufactured Multi-Family Small
Improvements Homes Homes Homes 1 Commercial 2
$470 j N/A N/A N/A
Heat pump $915 'I $280 :J N/A N/A
Windows () $0.50/SF $0.50/SF $0.50/SF N/A
Warranty Rebate N/A
Electric water
heater 7 10- year $25.00
20-year $50.00
Dishwasher I, IS, '} $25.00 $25.00 $25.00 N/A
Clothes washer I, IS $50.00 $50.00 $50.00 $150.00
Refrigerator IS $25.00 $25.00 $25.00 Up to $200
$2.50 each $2.50 each $2.50 each $3.00 each
Compact (>5 watt) (>5 watt) (>5 watt) (>5 to 45 watt)
fluorescent lamps 8 $12.00 each
(>45 watt)
Lighting fixture 8 $2.50/socket $2.50/socket $2.50/socket $15.00 -$165.00
per fixture 10
Wall insulation Up to $0.60/SF N/A' Up to $0.60/SF Up to $0.25/SF
Attic insulation Up to $0.70/SF Up to $0.49/SF Up to $0.80/SF Up to $0.45/SF
Floor insulation Up to $0.75/SF Up to $0.75/SF Up to $0.75/SF Up to $0.45/SF
Air-sealing l i $0.08/SF N/A N/A N/A
Solar water heater 7 $500/31 SF $500/31 SF $500/31 SF $500/31 SF
collector area collector area collector area collector area
Photovoltaic $500/kW $500/kW $500/kW $500/kW
$1,000 $500 $40 $0.50/SF floor
New Construction NW ENERGY NW ENERGY approved area 12
STAR@ STAR@ thermal shell Energy Smart
improvements Office Design
l
Low-nse multI-famIly homes only.
2 Must be an office or retail space 5,000 square feet (SF) or less.
3 Heat Pump Heating Season Performance Factor at least 8.5 without duct sealing.
4 Heat Pump Heating Season Performance Factor at least 8.5 with duct sealing.
S Duct sealing alone.
6 National Fenestration Rating Council tested U-value not to exceed 0.30.
7 Existing unit must be an electric water heater.
8 Must be ENERGY STAR@ labeled.
9 New dishwasher must have a minimum energy factor of 0.76.
10 Must reduce existing lighting energy use by a minimum of30%, other restrictions apply.
11 Air-sealing rebate is based on actual tested leakage reduction.
12 Must be new office building 100,000 SF or less.
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Utility Advisory Committee Memo
Date:
March 11, 2008
To:
Utility Advisory Committee
From:
Larry Dunbar, Power Resources Manager
Subject:
Energy Champion Cooperative Agreement
Summary: The Bonneville Power Administration offered the City a Cooperative Agreement to
equally share the cost of an energy champion engineer with Nippon Paper Industries USA. A
separate Participation Agreement is needed to deliver the benefits of the Cooperative Agreement
from the City to Nippon.
Recommendation: Forward a favorable recommendation to City Council to authorize the
Public Works and Utilities Director to sign 1) Cooperative Agreement No. 36911 with the
Bonneville Power Administration, and 2) a Participation Agreement with Nippon.
Background/Analysis: Last year the Bonneville Power Administration (BPA), Industrial
Efficiency Alliance (IEA) and City staff met with Nippon Paper Industries USA (Nippon) to
discuss strategic energy management opportunities. As a result of that discussion one of the main
suggestions was to consider an "energy champion engineer". The energy champion engineer
(ECE) would promote continuous energy improvements, develop and implement an energy
management program, and identify and prioritize energy conservation projects. The ECE would
be an experienced engineer and be selected by Nippon with the assistance of the IEA.
BP A is being responsive to Nippon's needs and has expressed willingness to equally share the first
year's cost ofan ECE not to exceed $100,000. In addition to funding an ECE, additional BPA
funding is available through September 30, 2009 for up to 70% of the cost of electrical energy
conservation projects. BP A offered the City a Cooperative Agreement to support the ECE. A
separate Participation Agreement between the City and Nippon is also needed.
Due to the long lead-time needed to develop and implement industrial energy conservation projects
and the conclusion ofBPA's current programs in 2009, all parties are striving to have the
agreements accepted this month. The Bonneville Power Administration reimburses all City
expenses under the proposed agreements.
N:\UAC\Original\Energy champion engineer. doc
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Utility Advisory Committee Memo
March 11, 2008
Utility Advisory Committee
Larry Dunbar, Power Resources Manager
Consultant Agreement for Utility Cost of Service Studies
Summary: Every three years a consultant completes a study to assess and evaluate the cost of
City utility services and rates. Studies are to be completed this year for the water, wastewater,
solid waste collection, and solid waste transfer station utilities.
Recommendation: Forward a favorable recommendation to Council to approve and
authorize the Mayor to sign an agreement with FCS Group for imancial services in an
amount not to exceed $67,112, which includes tasks 1- 3, 5 & 7 of the proposed scope of work.
Background! Analysis: Every three years we have traditionally used a consultant to
independently assess and evaluate the cost of City utility services, cash reserve needs, and rate
structures. The water, wastewater, solid waste collection, and solid waste transfer station utilities
are due to be studied this year and the electric utility next year. The results of this year's studies
are anticipated to be available in August.
As part ofthe consultant selection process, last fall staff advertised a formal request for proposals
for utility rate studies. A total of fourteen consultant inquiries were received and three consultants
submitted proposals including EES Consulting, FCS Group, and MuniFinancial. The City's prior
utility financial consultant, HDR/EES chose not to submit a proposal because of an anticipated
conflict of interest. Staff determined that FCS Group submitted the most responsive proposal and
negotiated a scope of work and budget for the project.
Table 1 outlines the key tasks in the proposed consultant agreement, with task amounts and what
was budgeted in 2008 for each task. Funding sources are from the approved water, wastewater,
solid waste collection, and solid waste transfer station utility budgets. The optional scope of work,
which was defined after the 2008 budget was approved, is separately listed. Funding is available
within the 2008 professional/contract services utility budgets to support the optional scope of
work. The duration of the new agreement would be through January 31, 2010, which may
encompass a similar study for the electric utility next year.
Staff recommends that the UAC forwards a favorable recommendation to City Council to approve
and authorize the Mayor to sign an agreement with FCS Group in an amount not to exceed
$67,112, which includes tasks 1-3, and optional tasks 5 & 7 of the proposed scope of work.
N:\UAC\Original\Cost of service study agreement doc
Consultant Agreement for Utility Cost of Service Studies
March 11, 2008
Page 2
Table 1- Summary of 2008 Scope and Budget
Sub-Total
FCS Group 2008 City
. Task Fee Budget
$15,664 $30,000
21,394 15,000
21,034 15,000
$58,092 $60,000
TASKS
1. Solid waste collection & transfer station utility COSA
2. Water utility COSA
3. Wastewater utility COSA
RECOMMENDED OPTIONAL TASKS
FCS Group
Task Fee
2008 City
Budget
5. Water & wastewater connection fee update
7. State tax review (water, wastewater, solid waste)
4,200
4,820
Total $67,112
$60,000
FCS Group
OPTIONAL TASKS NOT RECOMMENDED Task Fee
2008 City
Budget
4. Water & wastewater system development charge update
6. Review Title 13 - Public Utilities rate ordinance
$10,265
4,820
Staff recommends tasks 1-3 and optional tasks 5 & 7 are included in the approved scope of work.
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Utility Advisory Committee Memo
March 11, 2008
Utility Advisory Committee
Scott McLain, Deputy Director for Power Systems
Standstill and Interim Relief Payment Agreement
Summary: Due to a successful court challenge on a Bonneville Power Administration (BP A)
rate setting issue, the City will be due a substantial wholesale power cost rebate at the completion
of a supplementary BP A rate proceeding. That rate proceeding should be concluded in September
2008. This Standstill and Interim Relief Payment Agreement will return a portion of the money
prior to the final conclusion of the rate case.
Recommendation: Forward a favorable recommendation to City Council to authorize the
City Manager to sign the Standstill and Interim Relief Payment Agreement with the
Bonneville Power Administration.
Background/Analysis: In May of2007, the Ninth Circuit Court of Appeals ruled that the
Bonneville Power Administration had illegally entered into an agreement with the Investor Owned
Utilities (IOU's) setting the amount of their residential exchange benefits.
The court remanded to Bonneville the process of correctly setting residential exchange benefits for
the IOU's in a manner that followed the laws set forth under the Northwest Power Act (P.L. 96-
501). BPA has started this process with the opening a supplemental rate case scheduled to be
completed in September of2008.
After the court made its decision, BP A discontinued all residential exchange benefit payments to
the IOU's. This agreement, along with a similar agreement with the IOU's, would reinstate
payments to the IOU's at a reduced level, and provide payments to public utilities for amounts the
public utilities had paid through previous wholesale rate charges.
The final amount of the payment to the City will not be known until the completion of the
Bonneville rate case. The payment amounts contained in the agreement are based on the initial
proposal by BP A in the rate case. The initial payment amount (the amount the City would receive
now), is about two thirds of the total based on BP A's initial proposal.
N :\U AC\Final\Interim payment agreement doc
Standstill and Interim Relief Payment Agreement UAC Memo
March 11, 2008
Page 2
The possible downside to signing the agreement includes the possibility that the final outcome of
the rate case will provide a rebate that is smaller than the amount that the City would receive by
signing this agreement, and the City would have to return some money to BP A. Staff believes this
has a small probability. Another possibility is that if many of the Public Utilities sign the
agreement, it would send a message to BP A that would vindicate their approach and make it more
challenging to get a final resolution of the rate case at a lower number. If the Council decides to
sign the agreement, staff would attach a cover letter to the agreement outlining our stance that this
is not an acceptance of the proposed terms of the rate case, but only taking advantage of the
opportunity to get some of our customer's money back sooner.
Staff recommends that the UAC send a favorable recommendation to City Council to authorize the
City Manager to sign the Standstill and Interim Relief Payment Agreement with the Bonneville
Power Administration.