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HomeMy WebLinkAbout000837 Original Contract City of Port Angeles Record # 000837 EXHIBIT A Western Public Agencies Group 2015 Scope of Services and Budget 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, Lakeview Light and Power Company, 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, 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" or "BPA") 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. A-1 EXHIBIT A impacts of adding another area of substantial wind resource development to the Federal transmission system are troubling. 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. It will also likely increase the costs of resolving over-supply events. WPAG has strongly opposed the proposal to roll in the Montana Intertie in prior rate cases and will continue to do so in the BP-16 Rate Case. 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 Network Transmission ("NT") and Point to Point ("PTP") transmission rates did not recognize the full costs of services provided to NT customers, to the detriment of PTP customers. BPA held a number of pre-BP-16 Rate Case workshops on this matter and in those workshops Snohomish and Tacoma continued to pursue the same arguments they made in the BP-14 Rate Case on this issue. In the initial rate proposal, BPA will propose no change to its cost allocation methodology. The Snohomish and Tacoma proposal seek to shift costs from the PTP rate to the NT rate in a manner that is not cost justified. Snohomish and Tacoma are PTP customers. WPAG will oppose efforts to shift costs between transmission rates in a manner that is not cost justified and will support efforts to fairly allocate costs between NT and PTP rates. This will be staffed by EES Consulting and MMPS&M. Funding Conservation — BPA currently capitalizes (borrows) 100% of the costs of the energy efficiency incentive (EEI) budgets it provides to its power customers. However, BPA and its customers are now considering expensing rather capitalizing some or all of these costs. The reasons for this recent push toward expensing include the belief held by some utilities that BPA should not borrow money to pay for conservation in their service areas, and a desire to reduce BPA's borrowing costs and ease pressure on the BPA's borrowing authority with the treasury. On the other hand, an immediate switch to expensing EEI costs would result in an approximate 5% rate increase on top of the general power rate increase. We will work with WPAG's members to identify WPAG's position on this topic for BP-16 Rate Case, and then advance that position in the rate proceedings. This will be staffed by EES Consulting and MMPS&M. Conservation Billing Credits — BPA has proposed to offer billing credits to customers who undertake independent conservation activities in lieu of receiving an EEI from BPA during the BP-16 period. These credits will be offered pursuant to section 6(h) of the Northwest Power Act. WPAG will monitor this proposal in the rate case to ensure that its implementation (i) is done in a manner consistent with BPA's statutory obligations and (ii) does not harm utilities that decided not to participate in the billing credits program. This will be staffed by EES Consulting and MMPS&M. Delivery Charge — BPA is proposing another 25% increase to the Delivery Charge, which charge is levied on WPAG members still taking service from BPA owned transmission facilities at below 34.5 kV. This is a much larger than the general rate increase, and will A-3 EXHIBIT A preference customer loads. The potential benefit is that wind integration needs will be met from the market, freeing up Federal base system capability currently used for that purpose for use to serve preference customer loads. WPAG will participate in both of these processes to ensure that any energy imbalance market is structured in a way to minimize the detrimental aspects and maximize the benefits to preference customers. Any erosion to preference customer rights will be stoutly resisted. This will be staffed by EES Consulting and MMPS&M. Network Transmission Service Process — BPA has initiated 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 has included 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. While BPA has made some preliminary decisions that are favorable to NT customers, much work remains to be done to assure NT customers that BPA will have transmission available when it is needed by NT customers. This will be staffed by MMPS&M. Northwest Power and Conservation Council Seventh Northwest Power Plan —The Northwest Power and Conservation Council will be developing the Seventh Northwest Power Plan during 2015. We will work with WPAG's members to identify and develop positions on issues within the scope of the Plan that impact them. For example, the conservation targets developed under the Plan are incorporated by BPA in its resource acquisition strategy and ultimately impact BPA's Tier 1 power rates. Another potential topic is the Council's treatment of the Columbia Generating Station under the Plan. We will participate in the Council's public process for the Plan focusing on the issues identified with WPAG's members. This will be staffed by EES Consulting and MMPS&M. • 9T" Circuit Petition for Review WPAG filed a petition for review in the 9t" Circuit to question whether BPA has the statutory authority to pay wind generators for their lost RECs, PTCs, and contract damages under BPA's Oversupply Management Protocol (OMP). This action has been placed on stay through until early 2015 at which time a new briefing schedule will be set by court order. This will be staffed by MMPS&M. • Federal Energy Regulatory Commission Given the apparent sympathy the FERC has for wind generation, it is clear that much of the transmission issues relating to wind will find their way back to the FERC. This will require more active participation by WPAG in FERC processes in order to vindicate our interests as preference customers. This may require litigation, as it is clear from recent FERC actions A-5 EXHIBIT A Project Manager ...................................................................... 160 per hour Senior Analyst or Engineer....................................................... 155 per hour Analyst....................................................................................... 150per hour Clerical...................................................................................... 120 per hour MMPS&M Principal ................................................................................. $180 per hour Associate................................................................................ $180 per hour These billing rates will remain in effect through December 31, 2015. On the basis of the above billing rates, the 2015 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 $50,000 in supplemental funding has been provided to staff the upcoming BP-16 Rate Case. This total labor budget of$250,000 is same as the total labor budget in 2014, which also included an amount of$50,000 in supplemental funding. 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. Out-of-pocket costs will be billed by whichever organization actually incurs the expense. The total estimated annual WPAG budget (including the supplemental funding) for 2015 is estimated at $290,000. This represents no increase over the total 2014 annual WPAG budget. 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 The staffing for these projects will be similar to that for past WPAG activities. Gary Saleba will be the principal representative for EES Consulting. Ryan Neale and Terry Mundorf will be the principal representatives for MMPS&M. Additional MMPS&M and EES Consulting staff will assist as needed. A-7 E r 0 0 0 O O c N O n m O O O O 0 0 O O r O r n V V m O t°..N 1 M M M d' V O N o _ O O O O O N r m f� O M O n m M m 0 c- M m M .- m M (n m N m O O 0 . 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Billing Address 570 Kirkland Way,Suite 100,Kirkland,Washington 98033 (425)889-2700 This Consulting Services Agreement(herein Agreement)is made between EES Consulting,Inc.,(hereinafter"EES CONSULTING")and the City of PortAngeles,P.O.Box 1150,PortAngeles,WA 98362,Attn:Phillip Lusk(hereinafter"CLIENT'). I. SCOPE,COMPENSATION AND QUALITY OF CONSULTING SERVICES EES CONSULTING will provide the services and be compensated for these services as described in ExhibitA,attached hereto. EES CONSULTING shall render its 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. 11. TERMS&CONDITIONS OF CONSULTING SERVICES AGREEMENT 1. Timing of Work. EES CONSULTING shall commence work on or about January 1,2015. 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 beneficiaries 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. ii. Comprehensive Vehicle Liability Insurance covering personal injury and property damage claims arising from the use of motor vehicles with combined single limits of$1,000,000. iii. 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 attorneys'fees) arising 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) arising 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 CLIENT's or CLIENT's 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 parry shall be entitled to its costs and reasonable attorneys'fees. 6. Termination of Agreement. Either EES CONSULTING or CLIENT may terminate this Agreement upon thirty(30) days written 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. CITY OF RTANGELES By: Gary Saleba s — � w�— By: Title: President Title: t✓f} r/}� Cg Date: December 8,2014 Date: �` Ll 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 and transmission 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 $180.00. 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. MARSH MUNDORF PRATT SULLIVAN & McKENZIE Date: December 8 2014 :B Y Terence L. Mundorf CITY OF PORT ANGELES Date: `l By: Manager Page 2 of 2