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HomeMy WebLinkAbout001191 Original Contract City of Port Angeles Record # 001191 EXHIBIT a Western Public Agencies Group 2017 scope of services and Budget et ............. The Western Public Agencies Group ("WPAG") comprises 19 publicly awned utilities in the state of Washington; Benton RA, 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, Masan County P.U.D. No. 1, Mason County P.U.D. No. 3, Pacific County P.U.D. No. 2, Skarnania 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, Chop 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 Brom 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 fulls 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 Scope of Services The 2017 scope of services for WPAG is proposed as follows: * General WPAG Activities and Meetings During 2017, 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. * Regional Activities BP-18 Rote Case — During 2017, BPA will conduct a combined transmission and power rate case that will set rates for the two-year FY 2018-2019 rate period ("BP-18"). WPAG has intervened and will actively participate in the rate case. This, case will present issues as described below. Financial Reserve Policy — BPA is proposing to adopt a new financial reserve policy as part of the BP-18 Rate Case chiefly for the purpose of buttressing its credit rating with the rating agencies. The new policy would be in addition the 95 percent treasury payment probability standard that BPA currently uses when setting rates and would use business line specific days' cash-on-hand metrics for both the Power and Transmission business lines. In the event either business line falls below 60 days' cash-on-hand, a cost recovery adjustment clause would trigger to bring the offending business line above its 60 days' cash threshold. While BPA Transmission currently has cash reserves that well exceed 60 days' cash-on-hand, BPA Power is approximately $200 million short. While BPA is proposing to phase in efforts to increase Power's financial reserves over time, the policy will be yet another source of upward rate pressure for power rates and at a time when BPA's customers are demanding more rate accountability. WPAG intends to argue that BPA already has a number of tools available to it that address the same risk targeted by the proposed policy and that the policy does not take into account BPA's unique situation in terms of its entrenched customer base, status a federal agency, and suite of existing risk mitigation tools. Nonetheless, BPA does appear to be predisposed to adopting a financial reserve policy in BP-18. Accordingly, WPAG intends to make an alternative proposal that will attempt to mitigate both the long and short term rate impacts of the policy. This will be staffed by both EES Consulting and MMPS&M. Market and Gas Price Forecasts — BPA's forecasts for market and gas prices for the BP-18 rate period are important inputs into its rate case models and have a substantial rate impacts. WPAG will review those forecasts to assess whether A-2 EXHIBIT A they are reasonable and whether any adjustments should be made to BPA's methodology or assumptions. This will be staffed by EES Consulting. BPA's Risk Model— BPA is using a new risk model for the BP-18 rate period. The last time BPA updated and revised its risk model for its rate case process, there were a numbers of errors that had to be identified and then corrected. WPAG will review the BP-18 model to determine whether there are any similar issues in the latest iteration. This will be staffed by EES Consulting. Montana Intertie—Over the last several rate cases, Montana wind interests have argued that the Montana Intertie should be rolled into the BPA main grid. The long term 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-18 Rate Case, This will be staffed primarily by IVIMPS&M. Cost Allocation to NT and PTP Transmission Rates — Over the last several rate cases, Snohomish PUD and Tacoma have 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-18 Rate Case workshops on this matter and in those workshops Tacoma continued to pursue the same arguments it made in the BP-14 and BP-16 Rate Cases on this issue. Tacoma proposal seeks to shift costs from the PTP rate to the NT rate in a manner that is not cost justified. In the initial rate proposal, BPA will propose no change to its cost allocation methodology. 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. Other Issues — WPAG will review the direct cases of the other rate case parties and will rebut or support such cases as necessary to protect the interests of WPAG's members. This will be staffed by EES Consulting and MIVIPS&M. Focus 2028 — BPA has stated that is focused on being the low-cost energy provider of choice when new power contracts are offered in 2028. To this end, and largely at the request of WPAG and other preference customers, BPA has commenced its Focus 2028 process earlier this year. This forum is intended to establish a common understanding of industry changes and strategic choices BPA may face to maintain its financial strength and cost competiveness. Among other issues, Focus 2028 includes a review of BPA's A-3 EXHIBIT A approach to capital investment in the hydropower and transmission systems, its internal operating costs and program delivery models, including energy efficiency. WPAG will continue to participate in Focus 2028 to ensure that BPA's focus stays centered on being the region's low-cost energy provider and to emphasize the urgency with which BPA must bring its unyielding cost structure under control to maintain its competiveness. This will be staffed by EES Consulting and MMPS&M. Conservation► –As part of the Focus 2028 process, BPA has promised a renewed look at it the program delivery model for its conservation program. This will include a looking at moving towards a model where utilities have more flexibility in funding conservation on their own versus staying with BPA funding. This will also include a review of how BPA intends to comply with the conservation targets to be established under the Northwest Power and Conservation Council's Seventh Power Plan. We will work with WPAG's members to establish positions that are fair to all members. We will also work within public power to help build consensus and joint action where possible. This will be staffed by EES Consulting and MMPS&M. Integrated Program Review 2 (lPR 2) – The IPR provides BPA's customers with an opportunity to review and comment on BPA's expense and capital spending levels prior to their inclusion in the upcoming BP-18 rate case. BPA concluded its initial IPR for the BP-18 rate period this last September, but at the same time committed to conduct an IPR 2 process in the first part of 2017 to find more cost saving before the final BP-18 rate proposal. WPAG will participate in the IPR 2 process to attempt to reduce the costs that are to be included in the final BP-18 rate proposal. This will be staffed by EES Consulting and MMPSM Amendment to BPA's Transmission Ta – For many years BPA's Open Access Transmission Tariff (GATT) has included a provision that says that the terms and conditions of the tariff cannot be changed with the approval of the Federal Energy Regulatory Commission (FERC). This has created a multitude of problems for BPA over the last several years where BPA has attempted to amend its tariff in order to accommodate one or more of its statutory obligations (e.g., to address oversupply situations), but FERC has rejected the proposed changes because they are inconsistent with FERC's pro forma GATT. FERC is reluctant to make exceptions for BPA, even when the need is clear and warranted, because it does not want to establish precedent to be used by jurisdictional utilities. Early next year, BPA intends to petition FERC for removal of the requirement to seek FERC's approval of tariff changes. Assuming FERC grants that request, BPA will also develop and implement a new internal process for amending its tariff. Less FERC oversight over BPA's activities would allow BPA to focus more on serving the needs of its core constituency—preference customers. However, any time BPA goes before FERC is potentially perilous. WPAG will participate in the FERC proceedings to protect the interest of preference customers and will also participate in the development of BPA's new process for amending its tariff. This will be staffed by MMPS&M. A-4 EXHIBIT A BPA's Engagement with CAISO—As the Northwest's investor owned utilities (IOUs), and some public utilities, continue to integrate more and more with the CAISO, BPA has and will be forced engage with the CAISO to protect its strategic interests and to satisfy its statutory obligations. One such example is how legacy transfer service agreements between BPA and an IOU for preference customer load service will be treated in the event an IOU joins the CAIISO. Another example is ensuring that the IOUs use of BPA's transmission system to participate in the CAISO"s energy imbalance market does not negatively affect preference customer load service. WPAG will continue to monitor and work with other preference customer groups to ensure that BPA's engagement with CAISO does not come at the cost of preference customer load service or pocketbooks. Transmission Load Service Process — BPA has initiated a new process to address power customer concerns and issues regarding access to and availability of transmission capability for load service. It has included issues such as how is transmission capability ear-marked to serve load, how is such capability made available, and how customers serving load can get access to transmission without getting in line behind commercial generators. While BPA has made some preliminary decisions that are favorable to power customers, much work remains to be done to assure that BPA will have transmission available when power customers will need it. This will be staffed by IVIMPS&M. * NERC EES Consulting has been monitoring and advising WPAG members on North American Electricity Council (NERC) compliance issues since April of 2007. EES Consulting will continue to monitor compliance issues on behalf of WPAG members in 2017. 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 IVIMPS&M will monitor the activities of the 2017 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. A-5 EXHIBIT A 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....................................... ..................................._. $185 per hour Senior Associate/Manager..................................................... $180 per hour Senior Project Manager......................................................... $170 per hour Project Manager........... ........ ............................ ............ $165 per hour Senior Analyst or Engineer .................................................... $160 per hour Analyst............................................ ....................................... $155 per hour Clerical........................................ ........................................... $120 per hour MMPS&M Principal .................................................... ....................... .... $190 per hour Associate.................................................... .............. .......... $190 per hour These billing rates will remain in effect through December 31, 2017. On the basis of the above billing rates, the 2017 labor budgets of EES Consulting and MMPS&M combined are estimated to be $250,000. This labor budget will be split equally between EES Consulting and MMPS&M. This total labor budget of $250,000 is the same as the total labor budget in 2014, 2015 and 2016. The EES Consulting/MMPS&M contract for 2017 starts January 1, 2017 and ends December 31, 2017. The 2017 allocation for the City of Port Angeles is$12,627.00 for this contract period. 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 2017 is estimated at $290,000. This represents no increase over the total 2014, 2015 or 2016 annual WPAG budgets. 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. A-6 EXHIBIT A 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 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; OHOP MUTUAL LIGHT COMPANY, WASHINGTON; PARKLAND LIGHT AND WATER COMPANY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. I OF CLALLAM COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. I OF CLARK COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. I OF GRAYS HARBOR COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT OF KITTITAS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. I OF LEWIS COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. I OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 3 OF MASON COUNTY, WASHINGTON; PUBLIC UTILITY DISTRICT NO. 2 OF PACIFIC COUNTY, WASHINGTON, AND PUBLIC UTILITY DISTRICT NO. I OF SKAMANIA COUNTY, WASHINGTON; (Public Utilities); and MARSH MUNDOR.F 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 SPA 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: I. 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. Pagel of 2 2. Public Utilities shall compensate the Attorney for these services at an average hourly rate not to exceed $190.00. 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. 7. MMPS&M shall commence work on or about January 1, 2017 through December 31,2017. MARSH MUNDORF PRATT SULLIVAN & McKENZIE, PSC A Date: December 27, 2016 By: L. Mundorf CITY OF PORT ANGELES Date: By: Manager Page 2 of 2 CONSULTING SERVICES AGREEMENT EES CONSULTING,iiNC. Billing Address 570 Kirkland Way Sure 10i0,Kirkland,Washington 98033 (425)889-2700 This Consulting Servlces Agreement(herein Agreement)is made between EES,Consulting,Inc.,(hereinafter"EES CONSULTING")and the City of Port Angeles,P.O.Box 1150,Port Angeles,WA 98362',AtIn Gregg King/Sltailesh Shiere(hereinafter CLIENT'"). I. SCOPE,COMPENSATION AND QUALITY OF CONSULTING SERVICES FES CCNSULTlNG Mil provide the services and be compensated for these services as desenbed in Exhort A,attached hereto. EES CONSULTING shall render its services lin accordance with generaily accepted professional practices. FES CONSULTING shall,to the best of its knormiedgeand belief,comoy with applicable Ilawds,ordinarves,codes,rules,reguitations,permits and other published requirements kn effect on the date thisAgreernent is signed 11. TERMS&CONDITIONS OF CONSULTING SERVICES AGREEMENT I Timing ofWork. EES CONSULTING shall commence work on or about January 1,2017 through December 31,2017 2 Relationship of Parties,No Third-Party Beneficiaries, EES CONSULTING is anindependent 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: i. Worker's Compensation and Employer's Liability lnsurance as required by apoicabie state or federai law, di, Comprehensive Vehde Liabifty insurance covering personal intury and property damage calms arising from time use of motor vehicles YAth combOed single limits of$1,000,0010. iii. Commerclai General Liabrity Insurance covering clamrs for personai injiLffy and property damage with combined single hmits of$1,01i N, Professworral Liatrifity(Errors and Omissions,on a dairris-made basks)Insurance with irmits of$1,000,000, tr. Interpretation, Notwithstanding any olni provision(s)in hs Agreement,nothng shelf be construed or enforced so as to void,negate or adversety affect any otherMse appi insurance haul by any party to this Agreement, 4 Mutual Inderrinification, EES CONSULTiNG agrees to Bndei and hold harinless CLIENT and its employees from and against any and ali loss,cost,damage, or expense of any kind and nature(including, without iinnitation, court costs,expenses,and reasonable attorneys'fees)arising out of injury to persons of damage to property(including,without limilattion,property of CLIENT, EES CONSULTING,and their respective employees, agents,licensees, and representatwes)in any manner caused by the negligent acts or omissions of EES CONSULTING in the performance of its work pursuarit to or in connection with this Agreement to the extent of EES CONSULTING's proportionate negligence,d 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 in(wwry to person(s)or damage to property(including,41houl Irmitatron,property of CLIENT,EES CONSULTING„and their respective empitryees,agents,Iiicensees,and representatives)in any manner caused by the neghgerft acts or omissions of CLIENT or other(s)with whom CLIENT contracts("CUENT's agents`" to perform work pursuant to or in connection with this Agreenrent,to the extent of CLIENT's or CUENT's agents proporfionale neghgence,d any, 5. Resolution of Disputes,Audi Fees, The law of the State of Wash#ngton shale govern the interprelation of and the resolution of disputes under this Agreement, if any claim,at law or otherwise,is rnade by either party to this Agreement,the prevailing party shall be enblied 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 speciftaitly agrees to pay EES CONSULTING for all services rendered through the termination date EES CONSULTING,INC, CITY OF PORI ANGELES L Gary Saleba Title: President Tftie: Date: December 27,20116 Date