HomeMy WebLinkAbout000100 Original ContractCONSULTING SERVICES AGREEMENT
EES CONSULTING, INC.
Billing Address
570 Kirkland Way, Suite 200, Kirkland, Washington 98033
(425)889 -2700
This Consulting Services Agreement (herein Agreement) is made between EES Consulting, Inc., (hereinafter "EES CONSULTING and Pierce County Cooperative
Association, c/o Mr Terry Huber, Town of Steilacoom, 1030 Roe Street, Steilacoom, WA 98388 (hereinafter "CLIENT
I. SCOPE, COMPENSATION AND QUALITY OF CONSULTING SERVICES
EES CONSULTING will provide the services and be compensated for these services as descnbed in Exhibit A, attached hereto
EES CONSULTING shall render rIs services in accordance with generally accepted professional practices. EES CONSULTING shall, to the best of its knowledge and
belief, comply with applicable laws, ordinances, codes, rules, regulations, permits and other published requirements in effect on the date this Agreement is signed
II. TERMS CONDITIONS OF CONSULTING SERVICES AGREEMENT
1 Timing of Work EES CONSULTING shall commence work on or about January 1, 2012
2 Relationship of Parties, No Third Party Beneficiaries EES CONSULTING is an independent contractor under this Agreement This Agreement gives no rights or
benefits to anyone not named as a party to this Agreement, and there are no third party beneficianes to this Agreement
3 Insurance.
a Insurance of EES CONSULTING EES CONSULTING will maintain throughout the performance of this Agreement the following types and amounts of
insurance.
1 Worker's Compensation and Employer's Liability Insurance as required by applicable state or federal law
11 Comprehensive Vehicle Liability Insurance covenng personal injury and property damage claims ansing from the use of motor vehicles with combined
single limits of $1,000,000.
iu. Commercial General Liability Insurance covering claims for personal injury and property damage with combined single limits of $1,000,000
iv. Professional Liability (Errors and Omissions, on a claims -made basis) Insurance with limits of $1,000,000
b Interpretation Notwithstanding any other provision(s) in this Agreement, nothing shall be construed or enforced so as to void, negate or adversely affect any
otherwise applicable insurance held by any party to this Agreement
4 Mutual Indemnification EES CONSULTING agrees to indemnify and hold harmless CLIENT and its employees from and against any and all loss, cost, damage,
or expense of any kind and nature (including, without limitation, court costs, expenses, and reasonable attomeys' fees) ansing out of injury to persons or damage to
property (including, without limitation, property of CLIENT, EES CONSULTING and their respective employees, agents, licensees, and representatives) in any manner
caused by the negligent acts or omissions of EES CONSULTING in the performance of its work pursuant to or in connection with this Agreement to the extent of EES
CONSULTING's proportionate negligence, if any
CLIENT agrees to indemnify and hold harmless EES CONSULTING and its employees from and against any and all loss, cost, damage, or expense of any kind and
nature (including without limitation, court costs, expenses and reasonable attorneys' fees) ansing out of injury to person(s) or damage to property (including, without
limitation, property of CLIENT, EES CONSULTING, and their respective employees, agents, licensees and representatives) in any manner caused by the negligent acts or
omissions of CLIENT or other(s) with whom CLIENT contracts "CLIENT's agents to perform work pursuant to or in connection with this Agreement, to the extent of
CLIENTs or CLIENTs agents proportionate negligence, if any
5 Resolution of Disputes, Attorneys' Fees The law of the State of Washington shall govern the interpretation of and the resolution of disputes under this
Agreement If any claim, at law or otherwise, is made by either party to this Agreement, the prevailing party shall be entitled to its costs and reasonable attomeys' fees
6. Termination of Agreement Either EES CONSULTING or CLIENT may terminate this Agreement upon thirty (30) days wntten notice to the other sent to the
addresses listed herein.
In the event CLIENT terminates this agreement, CLIENT specifically agrees to pay EES CONSULTING for all services rendered through the termination date.
EES CONSULTING, INC
By. Gary Saleba
Title. President
Date December 12, 2011
U
PIERCE COUNTY COOPERATIVE ASSOCIATION
By
Title.
Date.
LEGAL SERVICES AGREEMENT
THIS AGREEMENT is made between BENTON RURAL ELECTRIC ASSOCIATION,
WASHINGTON; CITY OF PORT ANGELES, WASHINGTON; CITY OF ELLENSBURG,
WASHINGTON; CITY OF MILTON, WASHINGTON; TOWN OF EATONVILLE,
WASHINGTON; TOWN OF STEILACOOM, WASHINGTON; ALDER MUTUAL LIGHT
COMPANY, ELMHURST MUTUAL POWER AND LIGHT COMPANY, WASHINGTON;
LAKEVIEW LIGHT AND POWER COMPANY, WASHINGTON; OHOP MUTUAL LIGHT
COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY,
WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLALLAM COUNTY,
WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF CLARK COUNTY,
WASHINGTON; PUBLIC UTILITY DISTRICT NO. 1 OF GRAYS HARBOR COUNTY,
WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON;
PUBLIC UTILITY DISTRICT NO. 1 OF LEWIS COUNTY, WASHINGTON; PUBLIC
UTILITY DISTRICT NO. 1 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY
DISTRICT NO. 3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT
NO. 2 OF PACIFIC COUNTY, WASHINGTON, PUBLIC UTILITY DISTRICT NO. 1 OF
SKAMANIA COUNTY, WASHINGTON; AND PUBLIC UTILITY DISTRICT NO. 1 OF
WAHKIAKUM COUNTY, WASHINGTON (Public Utilities); and MARSH MUNDORF
PRATT SULLIVAN McKENZIE (Attorney) for the provision of legal services and the
payment of compensation as specified herein.
WHEREAS, the Public Utilities presently purchase electric power from the Bonneville
Power Administration (BPA) pursuant to wholesale rate schedules determined by BPA after
public hearing pursuant to Section 7 of the Pacific Northwest Electric Power Planning and
Conservation Act (Act);
WHEREAS, BPA is considering adoption of various policies, rate forms and long -term
contracts which would have a major impact on the wholesale rates of the Public Utilities, and
WHEREAS, BPA is preparing to conduct hearings and public processes to decide issues
which will affect Bonneville's wholesale rate schedules and Power Sales Contracts for the Public
Utilities; and
WHEREAS, the Public Utilities wish to actively participate in these hearings and
processes to protect the interests of their ratepayers, and
WHEREAS, the Public Utilities may wish to diversify their'power supply sources,
It is Therefore Agreed That:
1. The Attorney shall advise, assist and appear on behalf of the Public Utilities in
hearings and public processes relating to issues set forth Exhibit A referenced
herein attached and as directed by the Public Utilities.
Page 1 of 2
2. Public Utilities shall compensate the Attorney for these services at an average
hourly rate not to exceed $175.00. Out -of- pocket expenses, such as telephone,,
telecopy, copying and postage, and reasonable and necessary travel expenses shall
be in addition to the hourly rate. The Attorney shall send each of the Public
Utilities an itemized statement for legal services rendered and out -of- pocket
expenses on a monthly basis.
3. The Attorney fees and out -of- pocket expenses incurred hereunder shall be divided
among the Public Utilities according to the formulas attached in Exhibit A.
4. The activities encompassed by this Agreement are set forth in Exhibit A attached
hereto. No other activities shall be undertaken without prior authorization of the
Public Utilities. It is understood that the length and amount of work necessary in
these proceedings is unique and the cost may exceed these estimates.
5. Files of the Attorney relating directly to the foregoing legal services shall be
available for examination by the authorized representative of the Public Utilities
or their attorneys and shall, upon reasonable request, be turned over the Public
Utilities if the Attorney ceases to act as attorney for the Public Utilities.
6. Because the attorney-client relationship is dependent upon mutual trust and full
confidence, an individual Public Utility, the Public Utilities collectively, or the
Attorney may terminate this Agreement at any time upon written notice.
Date: December 12, 2011
Date: 0 /2 /20/ 2•
MARSH MUNDORF PRATT SULLIVAN McKENZIE
By: 7,e,i-1, c 2 4
Terence L. Mundorf
UTILITY
Page 2 of 2
QQo (00
EES
Consulting
December 12, 2011
Mr Charles Dawsey
Benton Rural Electric Association
Post Office Box 1150
Prosser, WA 99350
Mr Doug Nass
Clallam County PUD
Post Office Box 1090
Port Angeles. WA 98362
Mr Wayne Nelson
Clark Public Utilities
Post Office Box 8900
Vancouver, WA 98668
Mr Bob Titus
City of Ellensburg
420 North Pearl Street
Ellensburg, WA 98926
Mr Rick Lovely
Grays Harbor County PUD
P O Box 480
Aberdeen, WA 98520
SUBJECT: Proposed WPAG Scone of Services and Contracts for 2012
Dear Ladies and Gentlemen:
Mr Bob Geddes
Lewis County PUD
Post Office Box 330
Chehalis, WA 98532
Ms Steve Taylor
Mason County PUD No 1
North 21971 Highway 101
Shelton, WA 98584
Ms Wyla Wood
Mason County P U D No 3
Post Office Box 2148
Shelton, WA 98584
Mr Doug Miller
Pacific County P U D
Post Office Box 472
Raymond, WA 98577
Mr Larry Dunbar
City of Port Angeles
P O Box 1150
Port Angeles. WA 98362
Mr Chuck Ward
Kithtas County PUD
1400 East Vantage Highway
Ellensburg, WA 98926
Mr Robert Gentry
Skamama County PUD
P O. Box 500
Carson, WA 98610
Mr David'1ranrblie
Walikiakum County PUD
P 0 Box 248
Cathlamet, WA 98612
Mr Terry Huber
Pierce County Cooperative
Association
c/o Town of Stetlacoom
1030 Roe Street
Steilacoom, WA 98388
Attached please find consulting and legal contracts from Terry and me for the 2012 scope of
services for the Western Public Agencies Group (WPAG). In recognition of the difficult
economic times, the proposed total 2012 budget (including base amount, supplemental rate
case and out of pocket costs) has been reduced by $75,000 compared to the 2011 budget. If
these contracts are acceptable, please sign and return one copy of each contract for our files.
Thank you for allowing EES Consulting and Marsh, Mundorf, Pratt, Sullivan McKenzie
(MMPS &M) to serve you for another year. Please call Terry or me if you have any
questions.
Very truly yours,
Gary S. Saleba
President
570 Kiikland Way, Suite 200
Kirkland, Washington 98033
Telephone. 425 889 -2700 Facsimile. 425 889 -2725
A registered professional engineering corporation with offices in
Kirkland, WA; Portland, OR; and Bellingham, WA
Western Public Agencies Group
December 12, 2011
Page 2
cc Dan Sharpe, Alder Mutual Light Company
Gary Armstrong, Town of Eatonville
Daniel Brooks,Elmhurst Mutual Power Light
Robin Rego, Lakeview Light Power Company
Letncia Neal, City of Milton
Isabella Deditch, Ohop Mutual Light Company
Mark Johnson, Parkland Light Water Company
Mark Burlmgame, Town of Steilacoom
Terry Mundorf, MMPS &M
Western Public Agencies Group
2012 Scope of Services and Budget
EXHIBIT A
The Western Public Agencies Group (WPAG) comprises 21 publicly owned utilities in the state
of Washington: Benton REA, Clallam County P.U.D. No. 1, Clark Public Utilities, the City of
Ellensburg, Grays Harbor P.U.D. No. 1, Kittitas County P.U.D. No. 1, Lewis County P.U.D. No.
1, Mason County P.U.D. No. 1, Mason County P.U.D. No. 3, Pacific County P.U.D. No. 2,
Skamania County P.U.D. No.1, Wahkiakum County P.U.D. No. 1, the City of Port Angeles, and
members of the Pierce County Cooperative Power Association, which includes Alder Mutual
Light Company, the Town of Eatonville, Elmhurst Mutual Power and Light Company, Lakeview
Light and Power Company, the City of Milton, Ohop Mutual Light Company, Parkland Light
and Water Company, and the Town of Steilacoom.
Together the WPAG member utilities serve more than one million customers and purchase more
than 6 billion kilowatt -hours from the Bonneville Power Administration (`Bonneville each
year under both Load Following and Slice /Block Contracts. WPAG member utilities also own or
receive output from more than 400 megawatts of non Bonneville generation and purchase more
than 300 megawatts of power from sources other than Bonneville. WPAG members are generally
winter peaking utilities with lower annual load factors.
WPAG members' similar characteristics have caused them to join together to represent their
interests before Bonneville, and in other regional and national forums since 1980. WPAG has
intervened as a group in every major Bonneville rate proceeding since enactment of the Pacific
Northwest Electric Power Planning and Conservation Act of 1980. WPAG's interests have also
been represented in Congress, before the Northwest Power Planning Council, and in other
regional forums.
The scope of services presented here includes areas that various other organizations, of which
WPAG members might also be members, cannot advocate for WPAG members due to conflicts
of interest within those organizations, lack of staff resources or subject area expertise. WPAG
thus fills a need that is unmet by membership in the Public Power Council, the Northwest Public
Power Association, the Pacific Northwest Utilities Conference Committee and other similar
groups.
Scope of Services
The 2012 scope of services for WPAG is proposed as follows:
General WPAG Activities and Meetings
Regional Activities
WP 14 Rate Proceedings and Related Processes
Issues Identified for Workshons
EXHIBIT A
During 2012, EES Consulting and MMPS &M will monitor and comment on regional and
federal activities of specific interest to WPAG members not covered adequately by other
public power organizations of mutual interest and relevance. Monthly meetings will be held
to brief WPAG members on these activities.
BPA will conduct both planning workshops and public processes during 2012 to prepare for
a combined power and transmission rate proceeding that will set rates for the next two year
rate period. These will present issues in both the power and transmission areas, as well as
specific issues identified for workshop treatment prior to the next rate proceeding, as
described below.
Montana Intertie During the last rate case, Montana wind interests made a
concerted effort to have the Montana Intertie rolled into the BPA main grid. While the
direct cost impacts of this action are minimal, the long term impacts of adding another
area of substantial wind resource development to the Federal transmission system are
more troubling. The concern is that this action will stimulate requests for BPA to use
Federal base system resources to integrate these resources, further straining the Federal
base system and its ability to serve preference customer loads. This issue will be decided
in workshops, the first of which is scheduled for December 2012. WPAG will oppose
any treatment of the Montana Intertie that will result in any increase in the use of Federal
base system resources for purposes other than serving preference customer load. This
will be staffed primarily by MMPS &M.
Cost Allocation To NT and PTP Transmission Rates In the last rate case,
Snohomish PUD asserted that BPA's allocation of costs between NT and PTP rates did
not recognize the full costs of services provided to NT customers, to the detriment of PTP
customers. Snohomish has been joined by Seattle and Tacoma and has continued to
pursue this issue. BPA has already held one rate case workshop on this matter. BPA's
current allocation approach reasonably replicates the method recommended by the FERC
in conjunction with the OATT, and is similar to that used by regional IOUs. It appears
that Snohomish PUD, as a PTP customer, is seeking to shift costs from the PTP rate to
the NT rate in a manner that is not cost justified. WPAG will oppose efforts to shift costs
between transmission rates in a manner that is not cost justified and will support efforts to
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fairly allocate costs between NT and PTP rates. This will be staffed by EES Consulting
and MMPS &M.
Rate Case Process At the last rate case, WPAG urged BPA to undertake an
effort to streamline the rate case process to make it faster and more efficient. BPA has
commenced a process to determine if there are ways that the rate case process can be
streamlined. There is a potential for savings here if the rate case process, which will
occur every two years under the TRM, can be materially shortened. WPAG will
participate to advocate changes in the process that will shorten the rate case process while
preserving legal and procedural rights. This will be staffed MMPS &M.
Rate Case Workshops It has been BPA's practice to commence the rate case
workshop process in the fall of the year preceding the year in which the rate case is held.
This means that the BPA rate case workshops for the 2014 rate proceeding will
commence in September /October of 2012. In these workshops, BPA routinely solicits
customer input on new issues, and is at its most receptive to customer ideas. WPAG will
use this opportunity to urge BPA to begin the process of retrieving capacity from non-
preference customers for use in serving preference customer loads, and to abandon the
preferential allocation approaches it has used to shelter wind generation from the true
costs of the service they receive. This will be staffed by EES Consulting and MMPS &M.
Other BPA 2012 Proceedings
EXHIBIT A
BPA has already commenced a number of proceedings, and will commence some additional ones
during 2012, that will have long -term impacts on preference customers. WPAG will participate
in the following BPA processes.
Capital Spending BPA has determined that it will run out of borrowing
authority well before it expected to when it received its last allocation of borrowing
authority. This issue has both short term impacts that will be felt in the rate case, as well
as longer term impact in how BPA sets priorities for capital projects, and what steps it
will take to extend the borrowing authority that remains. This is a complex and important
process that will impact the costs of both power and transmission for years to come.
BPA will be discussing the implications of this issue in a number of processes, and has
already held public meeting to introduce this issue. WPAG will participate in these
processes and will advocate the use of reasonable approaches that extend the existing
borrowing authority as long as possible to forestall going to Congress for additional
borrowing authority. WPAG will also urge BPA to give priority access to available
capital to projects that provide service to preference customers, and to establish an
ongoing process involving customers to ensure that the remaining borrowing authority is
wisely and appropriately used in the future. The first meeting on this topic is scheduled
for January 30, 2012. This will be staffed by MMPS &M.
Environmental Redispatch Recently, wind generation interests filed a petition
with the FERC alleging, inter alia, that the application of BPA's Environmental
Redispatch ROD did not provide comparable service, and also filed petitions for review
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EXHIBIT A
in the 9 Circuit seeking legal review of BPA's Environmental Redispatch ROD. WPAG
filed comments with the FERC defending BPA's Environmental Redispatch ROD, and
also filed its own petition in the 9 Circuit. The petitions in the 9 Circuit are still
pending. However, the FERC has just ruled in favor the petitioning wind interests,
finding that BPA's Environmental Redispatch ROD does not provide comparable service,
and gave BPA 90 days to formulate a new policy. BPA had been attempting to forge a
settlement with the wind interests, the IOUs and certain preference customers. It is
expected that BPA will commence a more public process to formulate its response to the
FERC. WPAG will participate actively in this process to ensure that the FBS resources
are reserved for preference customer use, and that all customers (including wind
customers) pay the costs that BPA incurs to serve them. We will also be vigilant that
BPA does not take, or agree to take, actions that exceed its statutory authority. This will
be staffed by EES Consulting and MMPS &M.
BOATT Process BPA is currently conducting a process to revise its open access
transmission tariff. As originally envisioned, this process was to merely update the BPA
OATT. However, the objective of this process recently changed to the formulation of a
BPA OATT that would be sufficiently compliant with FERC policies to qualify as a
reciprocity tariff. This shift means, in effect, that BPA is seeking to become more
compliant with the manner in which the FERC wants transmission service to be provided.
At this juncture, it is unclear whether this shift will endanger provisions of the current
BPA OATT that provide regional benefits, such as the short distance discount. WPAG
will continue to monitor this activity with an eye to preserving those aspects of the
current BPA OATT that are beneficial to BPA's preference customers. This will be
staffed by MMPS &M.
Precedent Transmission Service Agreement Process BPA has signed a number of
precedent transmission service agreements with wind project developers which commit it
to providing transmission service to these projects once they are completed. Many of
these developers now seek to either terminate these agreements with BPA, or to delay for
an extended period the corrunencement of service. This raises a number of issues: what
conditions (if any) should BPA impose on developers seeking to terminate these
agreements in order to hold other transmission customers harmless; how should the
transmission capability made available by the termination of these agreements be used;
and what changes should 13PA institute in order to avoid making such commitments in
the future. WPAG has already submitted comments on these and other topics in this
proceeding, and will continue to actively participate in order to ensure that unnecessary
costs are not imposed on preference customers. This will be staffed by MMPS &M.
BPA Network Open Season Process It is generally agreed that the network open season
process that BPA has employed has not been a success, and that a revision of this process
could benefit the agency and its transmission customers. However, BPA is reluctant to
undertake this process until it deals with the issues presented by the PTSA proceeding.
WPAG will participate in the NOS revision process with the intention of improving its
operation from the point of view of the preference customers. In particular, the
availability of transmission capability for both Tier 2 non federal resources and for
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EXHIBIT A
preference customer load service will be areas of emphasis. This will be staffed by EES
Consulting and MMPS &M.
Network Transmission Service Process At the insistence of WPAG and other
preference customers taking NT service, BPA has agreed to initiate an intensive process
with NT customers to address concerns and issues regarding access to and availability of
transmission capability for resource and load service for NT customers. It will include
issues such as how is transmission capability ear marked for NT customers, how is such
capability made available to NT customers, and can NT customers get access to
transmission without getting in line behind all the wind generators. WPAG will
participate actively in this process, which will commence in late December of 2012. This
will be staffed by MMPS &M.
Enerev Imbalance Market The Administrator recently called together various public
power leaders (including WPAG) to discuss whether there was interest in exploring an
energy imbalance market to address the need for imbalance energy by various output
resources. While there was no great enthusiasm for this idea, there was no objection to
an initial exploration either. However, as we have seen the development of markets has
tended to cloud BPA's focus on its core task, ensuring inexpensive and reliable power
supply for its preference customers. It is not clear it this initiative will go anywhere, but
WPAG will track it to ensure that any market development is done in a manner that does
not erode preference rights to the output of the FBS, or shift BPA's business focus in
detrimental ways. This will be staffed by EES Consulting and MMPS &M.
TRM Loose Ends and Revisions
There have already been some changes to the TRM to correct errors and address
omissions. In addition, there are a number of significant issues that were not
satisfactorily resolved at the end of the Tier Rate Methodology process that BPA has
agreed to revisit, including most importantly the issue of system obligations that BPA
treats as off -the -top dedications to the Tier 1 system capability. Additionally, there are
significant issues that will arise as the TRM is actually translated into rates that will need
to be dealt with in the next year. One such issue is the lack of any agreed upon
methodology for determining the capability of the Tier 1 system, which impacts how
much Tier 1 power is available to WPAG utilities. This will be staffed primarily by
MMPS &M.
Conservation
BPA has been and will remain engaged in discussions regarding how conservation will
be funded under the new TRM contracts and rates. The recent admission that BPA has
significantly overspent its conservation budget, combined with its premature exhaustion
of its borrowing authority, have brought to the fore the questions regarding BPA's desire
to run all customer conservation through BPA programs. These events have renewed the
desire among many preference customers be have the option of providing their own
funding for conservation, not run these dollars through the BPA rates, and obtain thereby
more flexibility in how conservation and demand side programs are managed. This will
make conservation and demand side more adaptable for meeting Tier 2 loads. WPAG
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will work to ensure that current BPA funded programs will continue to be available to
utilities that want to participate in them, and to give preference customers the flexibility
of running their own conservation programs without running the funding through BPA.
In addition, WPAG will work to ensure that conservation can be used as a Tier 2 resource
for those who wish to do so. This will be staffed by EES Consulting and MMPS &M.
EXHIBIT A
Preference to FBS Capacity
BPA has been using increasing amounts of FBS capacity to integrate wind generation on
the Federal transmission system. This capacity is deducted from the FBS capability made
available to preference customers under Tier 1. For the near term, the primary impact of
this activity is to reduce the secondary revenues available to BPA to reduce the PF rate by
shifting secondary power sales from heavy load hours to light load hours. However, in
the future this reduction in FBS capacity may impinge on service to preference customer
loads under both load following and Slice contracts. WPAG will bring to the fore in the
WP -14 rate proceeding workshops this misuse of FBS capacity, and assert our preference
rights to this capacity. Vindication of these preference rights may require litigation. This
will be staffed by MMPS &M.
DSI Lona -Term Contracts
Alcoa has challenged BPA's recent Residential Exchange Settlement with the IOU's with
the clear intention of using that suit as leverage to obtain a new, 20 year power supply
agreement with BPA. Once again, this will raise issue regarding the cost of such service,
the use of FBS resources to provide such service, and what impacts the foregoing will
have on the Tier 1 rates paid by preference customers. It will also likely require BPA to
negotiate a contract with the DSIs for the delivery of any such benefits. This effort 10
continue to support the DSIs will be aggressively opposed by WPAG. This will be
staffed primarily by MMPS &M.
9 Circuit Petition for Review
WPAG filed a petition for review in the 9 Circuit to question whether BPA's Environmental
Redispatch ROD complied with the statutory provisions regarding the rights of preference
customers to federal transmission. The recent issuance of the FERC order essentially
invalidating the Environmental Redispatch ROD has shifted the center of activity from the 9th
Circuit to the FERC on this topic. However, it this suit may yet provide a means of testing
the legality of BPA's actions regarding the impacts of wind generation on the federal systern.
In the near term this petition is likely to be inactive, but that may change depending on how
BPA reacts to the recent FERC order. WPAG will continue to keep this matter active until
the resolution of the high wind/high water issues becomes clearer. This will be staffed by
MMPS &M.
Federal Energy Regulatory Commission
BPA will need to take action in response to the recent order issued by the FERC, either by
requesting rehearing, appealing the order, or attempting to formulate a new policy that will
comply with the directions of the FERC order while at the same time complying with its
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EXHIBIT A
statutory obligations. Regardless of what path or paths BPA chooses to follow, it is clear that
there will be much activity in the region that will find its way back to the FERC. WPAG will
work closely with other preference customers to defend the financial and operational interest
of BPA, and ensure that the statutory rights of preference customers are not subordinated to
the interests of non preference customers. At times, this may require WPAG to take
positions that differ from those of BPA and other preference customers. EES Consulting
and MMPS &M will continue to assist PPC in its efforts, and will monitor this process to see
if WPAG direct participation is needed.
In June 2007, under the direction of FERC, the North American Electricity Council (NERC)
began enforcing electric reliability standards. As of that time utilities with greater than
25,000 customers are required to register with NERC and their regional reliability
organization or the Western Electricity Coordinating Council (WECC) on the west coast of
North America. EES Consulting has been monitoring and advising WPAG members on
compliance issues since April of 2007. EES Consulting will continue to monitor compliance
issues on behalf of WPAG members in 2011. EES Consulting will alert WPAG members of
issues as they arise. To the extent that detailed analysis and /or representation is required by
an individual WPAG member with respect to compliance issues, tasks will be completed and
billed on an individual utility basis.
Olympia Legislative Session
EES Consulting and MMPS &M will monitor the activities of the 2012 legislature on behalf
of WPAG's specific interests.
Other Matters
During the course of each year, matters arise that require WPAG attention to protect the
interests of our customers. These matters are undertaken at the direction of the WPAG
utilities.
Budget
The budget for the scope of services described above is calculated at the following billing rates
for EES Consulting and MMPS &M:
EES Consulting
President $165 per hour
Managing Director 160 per hour
Manager 155 per hour
Senior Project Manager 150 per hour
Project Manager 145 per hour
Senior Analyst or Engineer 140 per hour
Analyst 135 per hour
Clerical 120 per hour
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MMPS&M
Principal $175 per hour
Associate $170 per hour
These billing rates will remain in effect through December 31, 2013.
On the basis of the above billing rates, the 2012 labor budgets of EES Consulting and
MMPS &M combined are estimated to remain at $200,000, which holds the line on budget
increases. This labor budget will be split equally between EES Consulting and MMPS &M. In
addition, an amount of $75,000 in supplemental funding has been provided to staff the WP -14
Power and Transmission rate cases workshops and related BPA processes. This is a $75,000
reduction to the overall 2011 WPAG budget.
In addition to labor costs, out -of- pocket expenses will be billed to WPAG members at their cost
to EES Consulting and MMPS &M. It is estimated that $40,000 in total out -of- pocket expenses
will be incurred for all work non -rate case elements in total. Out -of- pocket costs will be billed by
whichever organization actually incurs the expense. The total estimated annual WPAG budget
for 2012 is estimated at $240,000, and a supplemental budget of $75,000 for rate case activities.
As always, the allocation of the budget among WPAG members is open to negotiation by the
participants. We have attached an inter utility allocation predicated on the most recent available
utility data. After a discussion of the foregoing issue, a final budget by utility will be prepared.
An example of the budget's allocation is attached at the end of this narrative.
Project Staffing
EXHIBIT A
The staffing for these projects will be similar to that for past WPAG activities. Gary Saleba and
Terry Mundorf will be the principal representatives for EES Consulting and MMPS &M,
respectively, with Ryan Neale providing support for the activities of Terry Mundorf. Additional
MMPS &M and EES Consulting staff will assist as needed.
Western Public Agencies Group
Preliminary Indicative Budget for 2012
EES Consulting and Marsh Mundorf Pratt Sullivan McKenzie
Source: 2010-2011 Northwest Electric Utility Directory (NWPPA), 2003 EIA Form 412 2004 EIA Form 861, Utility Supplied
Dacambar 9, 2011
Total Budget
Labor 200.000
Expenses 40,000
Total Allocation 240,000
BPA Rate Case 75,000
Supplemental Allocation 75,000
Average of Customers,
Energy Sales and
Investment Standard Supplemental
Customers 1 Energy Sales' Net Investment 2 18 0% Budget Allocation Budget Allocation
Without Cap Cap with Cap with Cap
percent of percent of percent of percent of percent of
number total kilowatt -hours total dollars total total total dollars dollars
Individual Utilities
Benton Electnc REA 14,592 3 4% 565,802,985 5 0% 93,440,576 7 6% 5 34% 7 06% 16,938 5,293
Clallam County PUD 30,031 7 0% 762,660,906 6 8% 106,596,449 8 7% 7 48% 9 93% 23,831 7,447
Clark Public Uhlbes 183,015 42 6% 4,946,000,000 43 9% 347,900,000 28 3% 38 27% 18 00% 43,200 13,500
City of Ellensburg 9,200 2 1% 222,215,504 2 0% 26,419,391 2 1% 2 09% 2 78% 6,670 2,084
Grays Harbor PUD 41,690 9 7% 978,550,115 8 7% 224,895,016 18 3% 12 22% 16 13% 38,720 12,100
Kittitas County PUD 4,252 1 0% 84,029,083 07% 18,356,529 1 5% 1 08% 1 42% 3,415 1,067
Lewis County PUD No 1 30,892 7 2% 933,660,601 8 3% 109,236,614 8 9% 8 12% 10 80% 25,921 8,100
Mason County PUD No 1 5,143 1 2% 70,296,782 0 6% 13,709,373 1 1% 0 98% 1 30% 3,119 975
Mason County PUD No. 3 32,634 7 6% 660,405,008 5 9% 112,548,253 9 1% 7 54% 10 00% 23,995 7,499
Pacific County PUD No 2 17,091 4 0% 299,128,325 2 7% 38,651,128 31 3 26% 4 34% 10,423 3,257
City of Port Angeles 10,919 2 5% 689,775,650 61 22,618,463 1 8% 3 50% 4 71% 11,305 3,533
Skamania County PUD No 1 5,791 1 3% 130,110,119 1 2% 16,602,110 1 3% 1 28% 1 71% 4,102 1,282
Wahkrakum County PUD No 1 2,404 0 6% 41,592,833 0 4% 7,363,612 0 6% 0 51% 0 68% 1,622 507
Pierce County Cooperative Power Association
Alder Mutual Light Company 283 0 1% 4,787,000 0 0% 409,409 0 0% 0 05% 0 06% 152 47
Town of Eatonville 1,178 0 3% 27,271,397 0 2% 1,150,000 0 1% 0 20% 0 27% 657 205
Elmhurst Mutual Power and Light Company 13,884 3 2% 269,750,037 2 4% 30,050,620 2 4% 2 69% 3 59% 8,614 2,692
Lakeview Light and Power Company 11,434 2 7% 278,291,000 2 5% 29,018,475 2 4% 2 50% 3 33% 7,992 2,498
City of Milton 3,389 0 8% 62,183,202 0 6% 2,378,975 0 2% 0 51% 0 69% 1,654 517
Ohop Mutual Light Company 4,189 1 0% 82,889,733 0 7% 8,969,611 0 7% 0 81% 1 09% 2,605 814
Parkland Light and Water Company 4,425 1 0% 118,504,536 1 1% 18,854,000 1 5% 1 20% 1 60% 3,833 1,198
Town ofSteilacoom 2,816 07% 40,428,000 04% 1,571,502 0 1% 038% 051% 1,232 385
Subtotal Pierce County Cooperative Power Association 41,598 9 7% 884,104,905 7 8% 92,402,592 7 5% 8 3% 11 14% 26,739 8,356
Total 429,252 100 0% 11,268,332,816 100 0% 1,230,740,106 100 0% 100 0% 100 00% 240,000 75,000