Loading...
HomeMy WebLinkAbout2017-11-01 Utilities Advisory Commission Agenda PacketNOTICE IS POSTED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54954.2(a) OR 54956 I.ROLL CALL II.ORAL COMMUNICATIONS Members of the public are invited to address the Commission on any subject not on the agenda. A reasonable time restriction may be imposed at the discretion of the Chair. State law generally precludes the UAC from discussing or acting upon any topic initially presented during oral communication. III.APPROVAL OF THE MINUTES Approval of the Minutes of the Utilities Advisory Commission Meetings held on September 6, 2017 and October 4, 2017 IV.AGENDA REVIEW AND REVISIONS V.REPORTS FROM COMMISSIONER MEETINGS/EVENTS VI.DIRECTOR OF UTILITIES REPORT VII.COMMISSIONER COMMENTS VIII.UNFINISHED BUSINESS None IX.NEW BUSINESS 1.2017 Utilities Strategic Planning Update Discussion 2.Staff Recommendation that the Utilities Advisory Commission Recommend Council Action Adopt a Resolution Amending Utilities Rule and Regulation 11, “Billing, Adjustments and Payment of Bills” to Update the City’s Billing Adjustment Process 3.Recommendation that the Utilities Advisory Commission Recommend that the City Council Action Approve the 2018 Update of the Utilities Legislative Guidelines 4.Smart Grid Assessment and Developing Utility Tech Roadmap Update Discussion 5.Discussion of Proposed Distributed Energy Resources Plan Discussion 6.Selection of Potential Topic(s) for Discussion at Future UAC Meeting Action NEXT SCHEDULED MEETING: December 6, 2017 ADDITIONAL INFORMATION - The materials below are provided for informational purposes, not for action or discussion during UAC Meetings (Govt. Code Section 54954.2(a)(2)). Informational Report 12-Month Rolling Calendar Public Letter(s) to the UAC UTILITIES ADVISORY COMMISSION WEDNESDAY, NOVEMBER 1, 2017 – 7:00 P.M. COUNCIL CHAMBERS Palo Alto City Hall – 250 Hamilton Avenue Chairman: Michael Danaher  Vice Chair: Arne Ballantine  Commissioners: Lisa Forssell, A. C. Johnston, Judith Schwartz, Lauren Segal and Terry Trumbull  Council Liaison: Eric Filseth Utilities Advisory Commission Minutes Approved on: Page 1 of 10 UTILITIES ADVISORY COMMISSION MEETING MINUTES OF SEPTEMBER 6, 2017 MEETING CALL TO ORDER Chair Danaher called the meeting to order at 7:05 p.m. Meeting of the Utilities Advisory Commission (UAC). Present: Chair Danaher, Commissioners Forssell, Schwartz, Segal, Johnston, and Trumbull Absent: Vice Chair Ballantine ORAL COMMUNICATIONS David Carnahan, Deputy City Clerk, said the City was recruiting for members of the Architectural Review Board (2 positions), Historical Resources Board (4 positions), and Planning and Transportation Commission (2 positions). Jeff Hoel, Resident, noted the UAC/Council joint study session had been rescheduled. He was hoping to see information regarding the current financial position of the Fiber Fund in the Utilities quarterly report. Also, in April 2013 staff had predicted the financial position of the Fiber Fund through 2018. There has not been such a projection since 2013, and he would like to see one produced if possible. APPROVAL OF THE MINUTES Commissioner Johnston moved to approve the minutes from the August 2, 2017 UAC meeting. Commissioner Trumbull seconded the motion. The motion carried 6-0 with Commissioners Chair Danaher and Commissioners Forssell, Schwartz, Segal, Johnston, and Trumbull voting yes, Vice Chair Ballantine absent. AGENDA REVIEW AND REVISIONS None. REPORTS FROM COMMISSION MEETINGS/EVENTS None. UTILITIES GENERAL MANAGER REPORT Chief Operating Officer Dean Batchelor delivered the General Manager’s Report. Community Workshop for Strategic Plan Update Utilities is hosting a community workshop to provide information on our Strategic Planning efforts and gather public input. As the Commission is aware, the Strategic Plan will provide a road map to guide our efforts over the next three to five years. We are inviting community members to join us and share their perspectives on key trends, priorities, and actions to consider as we try to align our Strategic Plan with community and other stakeholder goals. The workshop is scheduled for October 4, from 6-8pm at the Palo Alto Art Center, located at 1313 Newell Road in Palo Alto. Light refreshments will be provided. We ask DRAFT Utilities Advisory Commission Minutes Approved on: Page 2 of 10 people to please RSVP at UtilitiesStrategicPlan.brownpapertickets.com Questions or feedback can be directed to UtilitiesStrategicPlan@cityofpaloalto.org Carbon Neutral Outreach This month we are ramping up outreach about our carbon neutral natural gas and electric utilities. While carbon neutrality for natural gas is new, we have discovered that many community members are unaware that the City’s electric supply has been carbon neutral since 2013. Palo Alto is the first City in the nation to have a completely carbon neutral electric and gas portfolio! Starting in September, residents and businesses will begin seeing a line item charge of 4 cents per therm on their utilities bills for Carbon Neutral Natural Gas. As part of our communication with the public, we are unveiling new web pages, bill inserts and a video to explain what it means to be carbon neutral and to stress the continued importance of being energy efficient. Carbon neutrality for our energy portfolio is another step on our path of sustainability, and helps the City advance toward its goal of achieving an 80 percent reduction in greenhouse gas emissions by the year 2030. You can watch the video about our carbon neutral energy portfolio at cityofpaloalto.org/carbonneutral. Bay Area Sunshares As we mentioned last month, the City is participating in the Bay Area SunShares program, which opened August 7. SunShares allows residents or employees of businesses in the Bay Area, Yolo and Sacramento counties to receive discounts on solar photovoltaic systems, zero emissions vehicles, and electric vehicle charging stations. Those interested in participating in the program will need to register by November 10. Details are available at cityofpaloalto.org/sunshares. Upcoming Events and Workshops - Details and Registration at cityofpaloalto.org/workshops  Tue, Sept 12: Intro to Zero Net Energy and Beyond: Design Tools & Strategies Training for Single- Family Residential Buildings  Sat, Sept 23: Bay Area SunShares Workshop  Sat, Sept 30: Maintaining Native Gardens and Leak Detection  Wed, Oct 4: Community Workshop for Strategic Plan Update  Sat, Nov 4: Designing Native Gardens and Rainwater Harvesting COMMISSIONER COMMENTS Commissioner Trumbull recognized City of Palo Alto Communications Manager Catherine Elvert, who w as being recognized by the Tuolumne River Trust as one of their environmental champions. UNFINISHED BUSINESS None. NEW BUSINESS ITEM 1: DISCUSSION: Utilities Strategic Plan Tony Georgis, NewGen Consulting, gave a brief overview of the Strategic Plan process and how far the process had progressed. Several employee and stakeholder workshops had already taken place and the core planning team for the plan had met multiple times. The target for full Council adoption was January or February 2018. He shared a draft “Strategic Direction” statement for the Utilities Department, an analysis of strengths, weaknesses, opportunities, and threats (SWOT analysis), as well as a list of key priorities identified by employee and stakeholder groups. He asked the UAC for feedback on the Strategic Direction, SWOT analysis, and key priorities. Chair Danaher noted that in the Strategic Direction exercise, “ahead of the tech curve” was listed, which he did not agree was true for the utility. The City of Palo Alto Utilities is not a technology leader. Utilities Advisory Commission Minutes Approved on: Page 3 of 10 Commissioner Segal asked for clarification of the relationship between the Strategic Direction statement and the Mission Statement. Georgis said the two are aligned, with the Strategic Direction being supportive and providing more depth for the broader Mission Statement. Chair Danaher said the Strategic Direction was well written. Commissioner Schwartz was concerned about the statement by the stakeholder group that Palo Alto was a leader. She asked who was at the stakeholder meeting. She felt that there were excellent things being done by other utilities and she was concerned that the community was not aware of areas where Palo Alto was not leading relative to other utilities both in policy and technology areas. She felt there was a lot of lessons to be learned from other utilities. There was a lot of potential for the City of Palo Alto Utilities to become a leader but it’s premature to consider itself as a leader. She said the City needed to ask how it could better educate itself to become a leader and take advantage of what other utilities have done. Georgis said there will be tools in the strategic plan to facilitate the leadership discussion going forward within the organization and outside of the City. Jonathan Abendschein, Assistant Director of Utility Resource Management, asked the commissioners if they could identify other areas besides technology where they may have concerns of perception versus reality. Commissioner Schwartz said Utilities is proactive and does exceptional work in identifying exceptions for program changes. However, Utilities does not send staff to enough external meetings and conferences to learn what leading utilities are doing well such as innovative and effective community outreach. For example, the City has one of the highest concentration for EVs but we may not have the most advanced EV program compared to other communities. Commissioner Schwartz said that with respect to opportunities, it would be good to bifurcate electrification. She was supportive of transportation electrification, but she thought that electrification of building heating was not as high a priority, and there were specific issues with building electrification that had been discussed in the past. She said another important priority was listening to customers. She thought the utility often did this well, but that it was important to state active listening as a priority. Chief Operating Officer Dean Batchelor said electrification would be a good item for discussion at the joint UAC and Council meeting because Council may have a different perspective and approach. Chair Danaher said the City has the opportunity to coordinate utility efforts with building codes and transportation policies more than PG&E and other utilities. Georgis asked what role the UAC would like to take in the October 4 workshop, whether in a facilitative role or an active listener role. Batchelor explained that in a facilitative role the UAC might lead a small breakout group of workshop participants. Commissioner Johnston recommended the UAC take a listening role. Commissioner Trumbull agreed. Commissioner Forssell said it was possible to listen while being in a facilitative role, but she was open to any role needed. Commissioner Schwartz agreed. Chair Danaher said that the UAC could fulfill whatever role was most useful. Utilities Advisory Commission Minutes Approved on: Page 4 of 10 Commissioners Schwartz and Trumbull requested some advance information on the workshop structure so they could be more useful and make the meeting more effective. Chair Danaher asked whether consumer involvement or customer experience was missing in the priorities. Georgis said that most of the customer focused programs and services will be embedded in the technology and collaboration priorities. Commissioner Segal asked if the City will be soliciting the community’s key priorities. There needs to be an area or opportunity for the community to provide their feedback. Georgis said the purpose of the workshop is to gather the community’s feedback to see whether the City’s priorities are aligned with the community’s priorities or if there are gaps. There will be other opportunities and mechanisms to gather community feedback such as UAC and external stakeholder meetings and strategic planning email address. Commissioner Forssell commented on the Strategic Direction, noting that it was so broad that it may be too generic, not utilities-specific, and it may not resonate with employees. The priorities were clear, but not the Strategic Direction. ACTION: No action. ITEM 2: DISCUSSION: Discussion of Electric Integrated Resource Plan – Hydroelectric Resources and Carbon Neutral Portfolio Alternatives Jim Stack, Senior Resource Planner, gave an overview of the City’s electric supply resources, focusing on the hydroelectric resources. He discussed the large contribution that these hydro resources make to the City’s overall portfolio of supply resources, and the issues associated with the year-to-year variability of the output of these resources. He also highlighted the major decision the City will be faced with in a few years, when the City will have the option of extending its long-term contract for the Western Base Resource for an additional 30 years, or simply letting it expire. Commissioner Schwartz asked whether it was possible to sell excess power produced by Calaveras. Stack confirmed that was the case. He noted that excess power can easily be sold on the spot market, although the price the City would receive for that power is highly uncertain. Commissioner Johnston asked what choices were available to the City in managing the Calaveras hydroelectric resource. Stack noted that, as a partial owner of the Calaveras project, the City can provide input to the Northern California Power Agency (NCPA), which operates the facility, about how aggressively to use the water in the reservoir at any given time. He also noted that a more extreme option for managing the cost variability associated with this resource would be to try to lay off the City’s share in the project to another utility. Abendschein noted that approximately 70 to 80% of the annual cost associated with the Calaveras project is related to debt service, and that about half of this debt will be paid off in 2024 with the remainder being paid off in 2032. He noted that when that debt is fully paid off, Calaveras will become a very low-cost, carbon-free resource. Chair Danaher asked whether the Western hydro resource was less variable than Calaveras because it was more geographically distributed. Utilities Advisory Commission Minutes Approved on: Page 5 of 10 Stack confirmed that was the case. Commissioner Trumbull asked whether the Federal government would have to respect California water rights in the operation of the Central Valley Project as flows into the Sacramento Delta were adjusted. Stack confirmed that was the case. He noted that the Bay Delta Unimpaired Flow Criteria is a state water use policy under consideration that could dramatically alter the flexibility that the federal government has in using the water in the Central Valley Project. Commissioner Forssell asked about the other benefits that the Calaveras resource provided – such as capacity, ancillary services, and load following – and whether they could be quantified and added to the graph of Calaveras value. Stack said some of them were quantifiable, others, such as load following, were much more difficult. Commissioner Johnston asked about the “dispatchability” of Western, and how that was different from load following. Stack said that the two terms were synonymous. He indicated that with Western, the City is prescribed a certain amount of generation that it will receive from the resource every day, and NCPA (which schedules the project’s output on the City’s behalf) can decide which hours of the day to schedule that energy into. Thus Western is dispatchable, but not quite as flexible as Calaveras. Stack then presented a discussion of the City’s Carbon Neutral Plan, first giving an overview of the Plan and the resources the City uses to comply with it, and also addressing the question of whether to modify the City’s definition of carbon neutrality. He also described a variety of different alternative portfolios of supply resources that the City could pursue in the event that it does not renew its full share of the Western contract in 2025. He discussed the pros and cons of these different alternative portfolios, and requested UAC feedback on the metrics that staff proposed using to evaluate these alternative portfolios. Commissioner Schwartz asked what the City’s electric supply emissions would look like if they were looked at on a short-term basis, rather than on an annual basis. Commissioner Schwartz also recommended including in the evaluation metrics the impact of renewables over generation and exposure to negative market prices. Stack indicated that staff would consider the ability of different portfolios of resources to balance the City’s load and supply on a shorter timescale, and their impact on customer rates in their analysis. Commissioner Trumbull noted that this was a very complex decision process facing the City. Commissioner Johnston asked what the downside was to including more baseload renewables in the portfolio. He asked if there was an issue with price. Stack confirmed that the price for baseload renewables were roughly double the cost of intermittent renewables. Chair Danaher asked if it was true that geothermal resources are subject to supply variability too. Stack confirmed that was the case, and also noted that another factor weighing against geothermal resources is that they produce greenhouse gas emissions. Commissioner Segal recommended adding contract flexibility and operational control of resources into the evaluation metrics. Utilities Advisory Commission Minutes Approved on: Page 6 of 10 Chair Danaher asked to see long-term price trends for transmission, storage, and other resources that could impact the decision. He recommended consideration of threats and opportunities from distributed generation, as well as long-term weather-related risks and other risks like earthquakes. He would like to see uncertainty bands in the cost analysis as well. He also noted that the City should be prepared for a future where resources are more distributed and disaggregated, and pointed out that some utilities in Europe are planning for a future when producing electrons is virtually free. Commissioner Schwartz noted that the UAC should be careful not to press staff for precision without accuracy, and that they should be aware that when they ask for cost projections, these numbers are not going to be particularly accurate. ACTION: No action. ITEM 3: DISCUSSION: Local Solar Programs and Community Solar Survey Discussion Sonika Choudhary, Resource Planner, gave an overview of past and present local solar programs and shared survey results related to customer interest in a potential community solar program. Palo Alto has been supporting local solar programs close to 20 years now. The Local Solar Plan has involved moving away from State mandated programs to more cost-effective and innovative local programs. This include transitioning to the Net Energy Metering (NEM) successor program, successfully promoting the Group Buy (or SunShares) program for past three years, and proving trusted solar information to customers. Community solar and solar donation, two new programs contemplated under Local Solar Plan, are still under formulation. Sonika shared an illustrative graph showing prices of local solar across programs, including an overview of value of local solar (or avoided cost) and CLEAN program PPA price. Chair Danaher asked to clarify the chart showing CPAU’s cost of obtaining electricity, what the comparisons represented, and if the CLEAN program column presumed a price four cents above the avoided cost. Choudhary said that the CLEAN program column represents CPAU’s cost of procuring electricity under the feed-in-tariff, which was above avoided cost. For the NEM program, the price shown represents compensation provided to the customer. The community solar program had not yet been developed, but the price shown represented what CPAU was likely to pay for a local solar PPA. 14 cents/kWh represented staff’s estimate of community solar project PPA prices. Staff would aim to bring that price down closer to 10 cents per kWh. Chair Danaher further asked if the 14 cents per kWh accounted for the additional staff time that would go into setting-up the program. Choudhary said that would be additional, approximately one cent per kWh. It was not shown in the chart, only the PPA price of local solar. Chair Danaher commented that UAC has not yet been briefed with a clear chart representing the cost of community solar program compared to other sources of electricity. Such a comparison would give a baseline to establish any additional costs associated with the program. Choudhary said that majority of the cost for such program would be cost of solar resource itself (or PPA payments). Staff time and administration cost would be additional, approximately one cent per kWh for such a program. Staff time and administration costs to establish the program exist across all customer programs and are to be accounted for 20 – 25 years over the life of the program. Chair Danaher said that this chart implies the cost of procuring renewable resources from the central valley is about 8 cents and for local solar it is in the range of 14 to 15 cents. Utilities Advisory Commission Minutes Approved on: Page 7 of 10 Choudhary confirmed. Jonathan Abendschein, Assistant Director of Utility Resource Management, added that the 14 to 15 cents/kWh price for local solar is on the higher end and staff’s earlier proposal on community solar had elements such as pre-payment and other contractual strategies to bring that price down. Commissioner Schwartz commented that we are not seeking local solar as a cheapest electricity source but supporting it because of other reasons. Abendschein added that it is also important to consider who pays across these different programs. The idea behind community solar is that participating customers pay for the differential between 8 cents and the final negotiated price. By contrast, NEM is a State law and effectively all ratepayers pay for any additional costs. Chair Danaher said that moving ahead to the survey results, the survey questionnaire did not ask if participating customers would pay a six cent per kWh premium, and instead it asked if customers would pay 5% premium. Abendschein responded that community solar program in not intended to have subsidies and if the price differential were six cents per kWh the City was unlikely to go ahead with the program. If the price differential could be brought down to around two cents per kWh we may have a successful program. The challenge with start-up costs is that it is not viable to recover all such costs upfront. For example, for the Palo Alto Green program, start-up and administration costs were recovered over the life of the program. The total risk for the first community solar project was an additional cost of about $25,000 to $50,000 per year if the project was not fully subscribed. Whether to take that risk was a policy decision for the UAC and Council. Choudhary shared the community survey results. This survey was shared using one time e-mail to 13,000 self-subscribed customers (mainly representing single-family residents) and 1,700 randomly selected rental customers. Commissioner Schwartz asked a question on survey demographics and why there is a considerable spike in responses from the Midtown neighborhood. Was this because more neighbors talked to each other? Lisa Benatar, Utility marketing program manager, responded that it could be because of less shading in the Midtown neighborhood as compared to other neighborhoods. Choudhary continued sharing the survey results regarding interest in utility programs. Solar programs and Electric Vehicle programs were two areas that survey respondents were interested in. Councilmember Filseth commented that the two survey groups: one self-selected and other one randomly selected from multi -dwellings doesn’t represent a true random sample. Both were skewed samples. Choudhary said the second group, the rental population, represents a key interest group for a community solar program. Staff hasn’t randomly selected survey participants from entire 26,000 residential customers but selected the survey population set that would be interested in such program. Commissioner Schwartz added that rental population sample was not skewed, and that this group represented a group that was more likely to be interested in community solar. Abendschein added that key research question for the survey was to gauge whether there was adequate interest to sustain a community solar program rather than to create a truly randomized assessment of all Palo Altans attitudes toward community solar. Utilities Advisory Commission Minutes Approved on: Page 8 of 10 Chair Danaher asked what number of households the City would need to sign-up to make the program viable. Choudhary said for first 500 kW project would have capacity to meet energy needs of 100 to 200 households. For a full 3 MW program, it would entail up to 1000 households. Chair Danaher asked a clarification question related to survey respondents willingness to pay. The survey question asked whether participants would be willing to pay 5 to 20% premium on monthly bills. The differential in 10 cents/KWh PPA price and 8 cents/kWh avoided cost a 25% premium. How do these values relate? Abendschein replied that 8 cents/kWh is just the energy price. A 20% differential on the energy price is more like a 10% differential on the entire retail rate, which includes distribution costs as well. Council member Filseth commented that it is great to have 75% survey respondents showing a willingness to pay. However, the demand curve falls very steeply with an increase in premium amount. Commissioner Schwartz added that lots of community solar projects are financed by third-party developers. It should not be a problem for Palo Alto to find a third-party financier and developer. Chair Danaher commented that the main policy question was whether the City should spend the staff time up front to figure out if the cost of a community solar program could be low enough to have adequate subscription demand from customers. Abendschein added that utilities does have extensive experience in conducting RFPs and selecting a solar developer. Commissioner Forssell asked if $25,000 to $50,000 in cost per year is for the scenario where the project gets constructed but no one subscribes to it. Choudhary confirmed and added that this amount corresponds to the difference between the cost of a local project and the cost of a large project outside Palo Alto. These costs would be absorbed in the City’s electric portfolio if there are no program participants. For context, the City’s electricity procurement costs were on the order of $80 million per year. Chair Danaher asked if staff would seek subscribers before the project was built out. Choudhary confirmed and added that the June proposal was to issue an RFP for a 500 kW solar project, get an estimate of PPA prices, market the program, and finalize the deal only if there is demonstrated subscriber interest. Commissioner Schwartz added that community solar project could be developed in partnership with an electricity customer with onsite demand, with some solar energy used on-site and the remaining energy sold via subscriptions. Chair Danaher added that he felt that survey was written in a certain way to reach certain conclusions. He requested to provide cost and benefits in a clear manner before the discussion with the Council. Commission Schwartz added that some of the use cases for the community solar would be helpful to analyze. Council Filseth asked if CPAU had any metrics for resiliency. Utilities Advisory Commission Minutes Approved on: Page 9 of 10 Abendschein replied that such assessment was done for siting a gas-plant in Palo Alto. He thought he recalled that the minimum plant size that provided local resiliency was about 50 MW, a fairly large plant. ACTION: No action. ITEM 4. DISCUSSION: Update on Smart Grid Pilot Projects and Development of the Utility Technology Implementation Roadmap Shiva Swaminathan, Senior Resource Planner presented the lessons learned from smart grid pilot projects implemented since 2013. These automated metering infrastructure (AMI) pilot projects were designed to provide energy and water usage information to customers and to test a time-of-use (TOU) rate with some customers. The program had a budget of $450,000 over five years. The lessons learned from these pilots included: the value of water leakage detection to customers, the shifting of electric vehicle charging loads to night-time, some customer concerns regarding the impact of radio frequencies from the AMI meters, the need to use external contractors to install meters, and the value of implementing a conservation voltage reduction program. The insights gained will be incorporated when evaluating and implementing a full scale- AMI system. Shiva also shared a chart outlining a five year draft timeline for implementing technology projects through 2022, including AMI systems. Commissioner Schwartz commented that customers who express concerns regarding RF exposure should be given the opportunity to opt-out of the AMI program. Commissioner Schwartz also expressed doubt whether a 2 cent discount on electric rates would encourage EV owners to shift their charging pattern. Jonathan Abendschein, Assistant Director of Utility Resource Management, acknowledged that Palo Alto can apply a number of lessons the industry has learned on TOU rates in the past few years. He also cautioned that all rates must be set based on cost to serve the load rather than the desired behavioral results, or they might be considered a tax under the State constitution. Commissioner Schwartz referred to publications that document the experience other utilities have had with smart grid implementation. Dean Batchelor, Utilities Chief Operating Officer, mentioned that staff was in touch with other utilities to learn from their experience and is exploring potential collaboration with other municipal utilities through Northern California Power Agency. ACTION: No action. ITEM 5. ACTION: Staff Recommendation that the Utilities Advisory Commission Recommend Council Adopt a Hydroelectric Generation Variability Management Strategy ACTION: This item was moved to the December 2017 Utilities Advisory Commission meeting. ITEM 6. ACTION: Selection of Potential Topics(s) for Discussion at Future UAC Meeting Chair Danaher asked for comments from Commissioners by the end of the month on topics for the joint UAC and Council study session. Commissioner Schwartz recommended agendizing a discussion of the outcomes from the Joint Study Session at the November meeting. Chair Danaher agreed. Utilities Advisory Commission Minutes Approved on: Page 10 of 10 Commissioner Johnston noted that the UAC would discuss the Strategic Plan at its December meeting, and would presumably get a presentation from the consultants of what they heard at the upcoming October 4 Community Workshop. Batchelor said staff would give a brief overview of the outcomes of the workshop in November. He would have the consultants provide information for the UAC in advance of the October 4 workshop. ACTION: No action Meeting adjourned at 9:48 p.m. Respectfully Submitted, Marites Ward City of Palo Alto Utilities Utilities Advisory Commission Minutes Approved on: Page 1 of 6 UTILITIES ADVISORY COMMISSION MEETING - SPECIAL MEETING MINUTES OF OCTOBER 4, 2017 MEETING CALL TO ORDER Chair Danaher called the meeting to order at 6:05 p.m. Special Workshop Meeting of the Utilities Advisory Commission (UAC). Present: Chair Danaher, Vice Chair Ballantine Commissioners Forssell, Johnston, Schwartz, Segal, and Trumbull Absent: ORAL COMMUNICATIONS None. NEW BUSINESS ITEM 1: DISCUSSION: Community Strategic Planning Workshop Tony Georgis, NewGen Consulting, gave an introduction to the strategic planning process and the reasons for engaging in strategic planning. He shared basic background information about the utility, including its mission statement (“To provide safe, reliable, environmentally sustainable and cost-effective services”), the services it provides (electric, gas, water, wastewater collection, and fiber), and some basic financial and demographic statistics. He shared feedback from previous stakeholder group discussions, which included comments on: • paying attention to the impact of electrification (vehicle and building) on the utility and defining its role in achieving an 80% reduction in greenhouse gas emissions by 2030 • facilitating customer options and choice • finding ways to reduce red tape for customers • making use data available to customers and using it strategically • understanding climate change impacts and resiliency needs of the community • looking for opportunities to partner with customers • attracting and retaining employees • remaining competitive • pursuing water recycling • the importance of collaboration across the entire City. Generally, the previous stakeholder groups had talked about the high level of trust the utility held with the community, and the fact that its reliability and sustainability were highly valued. Utilities General Manager Ed Shikada discussed the draft “Strategic Direction”: DRAFT Utilities Advisory Commission Minutes Approved on: Page 2 of 6 At the City of Palo Alto Utilities, our people empower tomorrow’s ambitions while caring for today’s needs! We make this possible with our outstanding professional workforce, leading through collaboration, and optimizing resources to ensure a sustainable and resilient Palo Alto. He noted that what was most important was how this direction was implemented. He highlighted several key aspects of the strategic direction: • People: The workforce was a critical part of the organization’s ability to move forward. • Empowering tomorrow’s ambitions: The utility has the opportunity to be a leader, particularly in sustainability, and serves a community that strives to be a leader and that affords utility staff the opportunity to interact with world-leading companies. • Caring for today’s needs: The same staff that focuses on utility leadership also focuses on the day- to-day work of keeping the lights on and fixing problems on the various distribution and collection systems. • Collaboration: This was a key focus area for the utility to be successful. • Optimizing resources: This included optimizing human resources, natural resources, financial resources, and technology. • Sustainability: This was a core value for the utility. • Resiliency: This was also an important value to the community – how would the utility respond to natural and man-made disasters? Georgis introduced the community workshop breakout sessions to discuss Strategic Plan “priorities,” which Georgis defined as “a problem, concern, or challenge that your organization must address in order to achieve its strategic direction.” “Strategies” were focused efforts to address the priorities. Staff would be sharing four priorities (Workforce, Collaboration, Technology, and Financial and Resource Optimization) and discussing strategies to address those priority areas. Staff was eager to hear community feedback. The community members, staff, and UAC members broke out into small groups to discuss the four priorities. Community members were provided the opportunity to discuss multiple priority areas over the course of the evening. Workforce Priority Staff discussed the “Workforce” priority, sharing an early draft list of strategies: Workforce Priority: We must create a vibrant and competitive environment that attracts, retains, and invests in a skilled and engaged workforce. • Strategy 1: Enhance recruitment strategies and offer alternative work options • Strategy 2: Invest in life-long learning & professional growth • Strategy 3: Promote a positive work culture to create an environment of teamwork, innovation, diversity, respect and trust. • Strategy 4: Promote job satisfaction and improve employee feedback opportunities • Strategy 5: Evaluate and consider alternative solutions to achieve workforce needs in each department. Chief Operating Officer Dean Batchelor summarized the results of the discussion. There was some discussion of creating affordable housing or micro-units to address the long commutes that made it difficult to recruit employees. There was discussion of benchmarking salaries against other utilities to determine appropriate salaries. Participants recommended reaching out to colleges and universities and creating internships and positions to train and develop new staff effectively. Utilities Advisory Commission Minutes Approved on: Page 3 of 6 In the community discussion sessions, staff noted the following comments, questions, and areas of concern: • Workforce is the hardest to solve of the 4 priorities • Off-load “projects” to contractors, use staff for maintenance • Consider selling one or more of the utilities • Workforce issues (compensation, opportunity, etc.) are “internal” and should be easy to resolve. You don’t need “outside” approval – just fix it! • Outsource / use a labor pool • Consider a hybrid workforce option with employees and contractors • Create apprenticeships • Recruit/conduct outreach at local colleges (community and private) • Create a “cool” factor (office space, provide staff lunches) for millennials • Offer internships • Provide entry-level jobs • Promote advancement/define career paths • Offer financial incentives to offset the high cost of living • Provide a housing allowance • Provide housing solutions for employees such as shared housing • Use satellite offices for certain functions • Survey existing employees – why do they stay? • Offer rotational job opportunities • Provide affordable housing (similar to initiatives for teachers) • Poach staff from other agencies in the vicinity • Consider contracting “senior” level positions • Consider retirees from private utility providers • Create satellite offices • Provide more commute options • Increase wages • Provide a housing subsidy • Consider co-housing options to attract millennials • Create advertising similar to PG&E’s where staff promotes the utility – “a great place to work” • Provide tuition reimbursement • Provide a paid certificate program • Use technology to enhance training • Create a “family”-like work environment/atmosphere • Consider part-time staff Collaboration Staff discussed the “Collaboration” priority, sharing an early draft list of strategies: Collaboration Priority: We must collaborate to deliver exceptional services. • Strategy 1: Increasing communication with the community enhances customer satisfaction and community trust • Strategy 2: Strengthening communications across City departments aligns goals while improving performance and efficiency • Strategy 3: Fostering a culture of cooperative work within Utilities improves productivity and awareness, and understanding common goals • Strategy 4: Collaborate with outside agencies/organizations Communications Manager Catherine Elvert summarized the workshop discussions. Community members had discussed how to communicate with the community, including getting out to community events and reaching out through neighborhood groups. There was discussion of involving the community in helping to recruit qualified workers to the utility. It was also important that collaboration not just be a vague statement, but that there be metrics for how effective the community was. It was also important to help community members make informed decisions about their energy use, and to partner with customers on sustainability and technology measures like electric vehicles. Staff should participate in industry workshops to learn best practices. It was important to break down City Department silos and coordinate effectively. Utilities Advisory Commission Minutes Approved on: Page 4 of 6 In the community discussion sessions, staff noted the following comments, questions, and areas of concern: • Look at whole picture • Need explicit tie to the mission – safe, reliable, environmentally sustainable • Align Utilities Department direction with City’s direction • Systems should be applicable with all departments, e.g. programs/needs are aligned • Housing for employees • Work with outside agencies, e.g., first responders, IEEE industry groups – devote funding to this. • Tree concepts coordinated with solar – shorter trees? Look at public/street trees • Find some incentive/reward • Be a learning organization • Break down siloes • Metrics are key • Listen • Utilities Department is great at answering questions/addressing issues • Broken, cracked sewer lines – coordinate, fix before repairing the road • Communicate across department to coordinate projects • One city – communicate across the departments • Work with residents to increase capacity to charge electric vehicles • Town Halls – perhaps hold a big workshop once per year, for example: share goals/strategic initiatives • Interns go door-to-door, encourage people to come out to Town Halls • Improve water use efficiency resources, e.g., leak detention program for water • Address issue properly with one call • Coordination with Public Works – Urban Forestry Division • What percentage of customers satisfied that their concerns are satisfactorily addressed – one phone call? • Interactive portal for customers ° How are they doing? ° How could they do better? ° How can they collaborate with neighbors, etc? • Get information to the public • Phone responsiveness – answer questions, who to call • Can we help resident/businesses be more informed about problems with utilities – gas leak, e.g. • How can CPAU help its customers live better, more economically efficient in every aspect of their lives? • As an EV driver, where should I charge? • What are impacts to the distribution system with more electric vehicles • Make info on website easier to find • Help resident with information to get ready for electric cars • Fiber deployment like Chattanooga • Increasing communication with the community enhances customer satisfaction and trust • Identify obstacles to customer electrification and options for CPAU support • Prioritize providing customers what they need to make informed decisions about utility use and purchases • Move neighborhood interactions – neighbors helping to inform neighbors/need to use City resources • MSC open house was excellent – help customers learn what utility does and why they should come to the event. • More utility pop-up events • Exchanges of information among people - small groups of neighbors sharing information like Cool block • Net energy metering for solar customers • Go to where people are • Surprised most people don’t know we have our own municipal utility • Get people interested in their municipal utility • Cost of solar generation – don’t leave customers stranded, e.g. if something happens in the Central Valley • Have community help collaborate with human resources to reach out to other companies/organization to recruit people to City • Use volunteers to attend meetings, take notes – help City leverage community as a resource • Narrow topics for email, newsletters, e.g. “check to receive emails on topics related to solar” • Ensure communication is effective Utilities Advisory Commission Minutes Approved on: Page 5 of 6 • How do I report an outage at my house if the power is out and my phone is dead? • Can you make status of utilities “self- reporting?” • Have webinars about utility information • Improve website interface • Make website more interactive Technology Staff discussed the “Technology” priority, sharing an early draft list of strategies: Technology Priority: We must invest in and utilize technology to enhance the customer experience and maximum operational efficiency. • Strategy 1: Invest in Technology infrastructure to enhance customer engagement and satisfaction. • Strategy 2: Facilitate customer adoption of new Technologies to enhance the customer experience. • Strategy 3: Implement Technology to improve response time, security and operational efficiency. • Strategy 4: Ensure and empower employees to adopt and utilize Technology. Senior Resource Planner Heather Dauler summarized the discussion. Cyber-security and physical security were important priorities for the participants. Participants discussed having an easily understandable online “one-stop shop” where customers could interact with the utility, including finding out about carbon profiles. Smart metering was a topic of discussion. Integrating distributed solar and storage was important, as well as forecasting the potential for increasing load from electric vehicles. In the community discussion sessions, staff noted the following comments, questions, and areas of concern: • Implement technology to improve response time, security and operational efficiency ° Workforce mobility ° Field tablets ° GIS ° Supervisory control and data acquisition • Tie clearly to mission – 2nd transmission path • Microgrids - think carefully about resiliency and security (cyber- and physical-) • What’s the new tech the City is considering? e.g. AMI rollout in 3-5 years • Website, enhance customer portal • Can our distribution system handle a significant bad event? • Community evaluation of resiliency – share what we know • Underground infrastructure • Use self-driving vehicles as a way to reduce labor • AMI – use it to provide feedback in real time about usage • Interaction of utility with DG and storage – are we flexible if DG and storage become highly cost effective? • Are we prepared for a dramatic load shift? • Do we consider various scenarios in our resource planning models? • Ensure customer-facing tech is easily understandable; one-stop-shop for all needs • Residential and commercial real time indication of carbon cost/impact Financial & Resource – Optimization Staff discussed the “Financial and Resource Optimization” priority, sharing an early draft list of strategies: Financial and Resource Optimization Priority - We must optimize financial management and efficient use of resources to achieve our service priorities. • Strategy 1: Cost-effective, efficient, customer-focused service goals. • Strategy 2: Excellent management and execution of work. • Strategy 3: Effective maintenance and replacement of utility infrastructure. • Strategy 4: Sustainable and resilient energy and water supply. Utilities Advisory Commission Minutes Approved on: Page 6 of 6 Jonathan Abendschein, Assistant Director of Utilities Resource Management summarized the feedback from the Financial and Resource Optimization discussions. The first discussion group had focused on sustainability and environmental goals. What role would the utility have in partnering with customers who want to install new technologies coming on to the grid? The second discussion group focused on making sure the utility was careful with its spending and kept rates competitive. The third discussion group focused on good utility management, making sure that the utility was effectively delivering services, and measuring that through metrics and benchmarks. The final group focused on resiliency, making sure the community understands how resilient the utility is so they can prepare, and making sure the utility is prepared for a variety of threats, including manmade threats like vandalism and terrorism. Reliability was important, making sure that necessary infrastructure replacement took place to keep the system reliable. In the community discussion sessions, staff made note of the following comments, questions, and areas of concern: • Effective maintenance and replacement of utility infrastructure • Improve our understanding of the conditions of our pipes and wires to direct investment to the highest priority replacement need • Consider other competitive impacts – does the electric utility become a distribution-only company? • In a competitive environment and with our long-term planning watch out for stranded assets – long term contracts/pipes and wires that become useless due to changing market conditions. • How will the City collaborate with customers on solar and storage? • Collaborate with customers to increase community resiliency (e.g. storage, load control) • What are the metrics you use to know if you are doing a good job? • Reserving funds and ordering back-up equipment to repair major distribution equipment in case of damage. Consider second transmission line into the City. • If large electric generators can provide cheap power will PA keep buying from local solar? • Don’t move employees into the utility from the general fund, minimize transfers to general fund to keep my bill down and stay competitive. • Efficient use of workforce • What will be the impact of disruptive technology on the utility business model? • Help people understand the financial impact and benefit of their energy/appliance decisions – use online tools, advice • Metrics on utility management should be visible and timely - past quarterly reports provided good information, need to make current reports better. • Manage by objective • Resiliency – help people understand resiliency metrics, e.g. restore service in 24-hours • Resiliency is a priority – plan for issues like terrorism and vandalism • Speed up utility undergrounding • Keep up with infrastructure replacement consistent with age • Coordinate with other departments/agency on construction ACTION: No action. Shikada noted that the plan was scheduled to be presented in December or January to the UAC, and there would be an opportunity at that time for the public to provide additional feedback. Meeting adjourned at 8:00 PM Respectfully Submitted, Marites Ward City of Palo Alto Utilities Page 1 of 4 2 MEMORANDUM TO: UTILITIES ADVISORY COMMISSION FROM: UTILITIES DEPARTMENT DATE: NOVEMBER 1, 2017 SUBJECT: Staff Recommendation that the Utilities Advisory Commission Recommend Council Adopt a Resolution Amending Utilities Rule and Regulation 11 “Billing, Adjustments and Payment of Bills” to Update the City’s Billing Adjustment Process REQUEST Staff requests that the Utilities Advisory Commission (UAC) recommend City Council adopt a resolution amending Utilities Rule and Regulation 11 “Billing, Adjustments and Payment of Bills” to update the City’s billing adjustment process. EXECUTIVE SUMMARY Public comments were directed to the Utilities Department and UAC on July 12, 2017, by customers having experienced a water leak, and by concerned residents. These comments described a public perception that the current Utilities billing policies related to water leaks were both harsh and unfair to customers unaware of such leaks until receipt of a monthly water bill for hundreds to thousands of dollars higher than normal. Comments also proposed modifications to current policies to ensure leaks were repaired as soon as possible and bills were less burdensome to the unaware. After discussion, the UAC requested staff investigate potential changes to Utilities Rule and Regulation 11 to reflect the sense of the Commission that, while the current policy accurately put responsibility for leak costs on the responsible customers, there must be multiple solutions to the problem, since other water utilities would have customers in similar situations. Staff reviewed alternative methods and proposes that the UAC recommend that Council adopt a resolution to amend specific changes to the applicable sections of Rule and Regulation 11, “Billing, Adjustment and Payments of Bills” to: a) update the City’s billing adjustment policies for water leaks; b) delete references to natural gas leaks as not applicable in this context, and c) update billing adjustment policies for accounts impacted by incorrect meter or billing system data. BACKGROUND The current Utilities Rule and Regulation 11, “Billing, Adjustments and Payments of Bills” was adopted by Council on May 9, 2006 (CMR: 219:06). Section L. WATER OR GAS LEAK CREDITS (from 5-9-2006 to present) It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. CPAU shall not make billing adjustments for Water, Gas or Wastewater Charges resulting from leakage in a line on the Customer Premises beyond the CPAU Meter, unless CPAU determines that City staff were solely responsible for such leakage. Page 2 of 4 This section of Rule 11 was designed to ensure fairness to all customers and encourage customers to keep their water lines, particularly irrigation systems, in good condition. As such, it has also been consistent with statewide water regulatory trends that put a premium on water conservation and are focused on eliminating water waste. When water leaks occur on the customer’s side of the meter, City staff encourages those customers to investigate whether their homeowner insurance policy covers the costs associated with leaks. The Utilities Department also works with customers to devise a payment arrangement for back bills to address financial hardship by spreading payments over extended periods. While the Rule is clear, and facilitates consistent application by staff, public comments suggests the current policy is burdensome for those having suffered a non-visible water leak and only identified when the water meter is next read, up to 33 days later. DISCUSSION Summary of July 12, 2017 UAC Discussion: Comments by the public and the Commissioners indicated that the goal of the current policy to financially hold harmless the other “non-leaking” water utility customers was being met. But water costs have also risen so that even minor leaks are being quickly repaired when detected. The relatively few customers experiencing major water leaks that have resulted in significant financial losses are also quick to identify the source of the problem (often leaking toilets or irrigation system breaks) and make repairs. Unfortunately, because the Utilities Department reads water meters monthly, such knowledge comes too late for them to avoid very high water bills. Concerned residents and members of the Commissioners opined that the current “Water or Gas Leak Credits” policy could be changed to create less of a financial impact on the individual customer by spreading some (not all) of the high water leak costs across more of the overall water customer base. The public and the commission suggested potential revisions to the current policies should include: • Consistent customer application and Utilities Department interpretation. • Ensure that the source of the leak was identified and repaired. • The number of leak adjustments per customer should be limited. • Leak credits should be financially shared between the Utilities Department and the applicant. Utilities staff proposed to return to the Commission with Rule modifications that could address the concerns indicated at the Commission meeting of July 12, 2017. Staff Recommendations for Utilities Rule and Regulation 11, “Billing, Adjustments, and Payment of Bills” a) Deletion of Natural Gas references from Rule and Regulation 11, Section L, “Water or Gas Leak Credits” as not relevant to the primary issue of water leaks. Natural gas was originally included because it was a metered commodity capable of leakage. Due to the use of chemical odorants, natural gas leaks are very quickly identified and located by customers, gardeners and the general public and are not susceptible to the month-long “hidden” capabilities of water leaks. b) Add new language to the renamed Section L, “Water Leak Adjustments”: It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. Unintentional Water loss caused by broken or damaged plumbing fixtures, pipes or irrigation equipment can result in greater than normal bills for Water and Wastewater Services. The General Manager of Utilities, or delegate, may approve Water billing adjustments for Customer’s Water and Wastewater Accounts (when Wastewater charges are based on Water consumption) under the following conditions: 1. Customers who have discovered and repaired a Water leak on their Premises may apply for a Water and/or Wastewater bill adjustment, as applicable, by requesting and Page 3 of 4 downloading from the Utility website a Leak Adjustment Application form and submitting it to the General Manager of Utilities within 60 days from the bill’s due date for the period in which the Water leak occurred. 2. Leaking systems must be repaired before the Customer seeks a bill adjustment, to ensure future bills are not impacted by the same leak. Shutting off the source of the leak is not considered a repair. Undetermined or general high water consumption is not eligible for adjustment. 3. Utilities Department staff must be permitted by the Customer to visually inspect the repair and verify that repairs have been completed. If repairs were completed by a third party, Customer receipts may be accepted in lieu of a visual inspection by Utilities Department staff. 4. Water leaks may occur over multiple billing periods. Water and Wastewater bill adjustments are time-restricted to two consecutive Utilities billing periods. 5. Customers are restricted to one Water and/or Wastewater leak-related bill adjustment in each 36-month period. 6. The 36-month period begins on the billing date following the period covered by the Leak Adjustment Application. 7. Calculation of leak volumes will be made using averages for the billing period(s) based on the prior three years of the Customer’s historical consumption. Leaks will be defined as the volume of water greater than 100% of normal consumption compared to the historical consumption. Leaks will be calculated using the applicable meter readings based on the Commodity Rate on the applicable Water Rate Schedule. Leak volumes and charges will be first subtracted from the higher tiered Commodity Rates, then, if necessary, from lower tiered Commodity Rates. The maximum Water leak bill adjustment will be $500 per application. 8. Wastewater bill adjustments related to Water leaks will be made based upon the adjusted Water volume, and are not included in the $500 Water leak billing adjustment limit. 9. Utilities User Tax (UUT) adjustments will be based upon the adjusted Water volume and are not included in the $500 Water leak billing adjustment limit. 10. Decisions regarding leak-related Water and Wastewater billing adjustments, including eligibility and leak volume calculations, will be determined by the General Manager of Utilities, or designee, and are final. c) Add new item to Rule 11, Section I, “Metered Service Billing Errors and Adjustments”: Item 1. Where a Customer has been undercharged or overcharged for metered Service, the date and cause of which can be reliably established by CPAU, the retroactive billing adjustment (back bill or refund) shall not exceed three years. The maximum bill adjustment for undercharges shall be $500 per Account, per incident. RESOURCE IMPACT Adoption of the staff recommendation will not impact the Gas Enterprise Fund since there has never been a gas leak bill adjustment made under this policy, and the gas leak adjustment language is recommended to be removed from Rule and Regulation 11. Adoption of the staff recommendation to amend the water leak credit policy will result in unknown annual financial losses to the Water and Wastewater Funds until one fiscal year has passed allowing for projection of future losses. Prior to adoption of the current water leak adjustment policy in 2006, the annual water leak adjustment costs totaled $50,000 to the Water Enterprise Fund. Adoption of the staff recommendation will result in unknown financial losses to the General Fund due to reductions in Utility User Tax revenue by Utilities Department reductions to customer consumption from water leaks. The passage of one fiscal year will allow for projections of future annual losses . Adoption of the staff recommendation for new language in "Metered Service and Billing Errors" will correct those bills of customers having been incorrectly billed, subject to the three-year look back period in Rule 11(1), and will not result in significant revenue impacts for metered services. POLICY IMPLICATIONS The current Utilities Department policy for the water and gas adjustments for leaks was approved by Council in 2006. Council adoption of the recommended changes would become effective immediately upon adoption. Past leaks will not be retroactively covered by this change in policy. ENVIRONMENTAL REVIEW Council adoption of changes to the Utilities Rules and Regulations does not meet the definition of a project under the California Environmental Quality Act {CEQA), pursuant to Public Resources Code Section 21065. ATTACHMENTS A. July 12, 2017 UAC Report-Discussion Regarding Utilities Leak Adjustment Rules B. Excerpted Draft UAC Minutes of the July 12, 2017 Special Meeting C. Proposed Utility Rule and Regulation 11, "Billing, Adjustments and Payment of Bills" D. Resolution -Rule 11 Billing Adjustments Payments Draft PREPARED BY: REVIEWED BY: APPROVED BY: t)J0itoM AUZENNE, Assistant Director, Utilities Customer Support Services L:!TCHEL R, Utiliti:s Chief Operating OfficerJ;b...... 0~ ED SHIKADA, Assistant City Manager/General Manager of Utilities Page 4of4 Page 1 of 7 3 MEMORANDUM TO: UTILITIES ADVISORY COMMISSION FROM: UTILITIES DEPARTMENT DATE: July 12, 2017 SUBJECT: Discussion Regarding Utilities Leak Adjustment Rules RECOMMENDATION Staff requests that the Utilities Advisory Commission (UAC) discuss and provide feedback to staff regarding the current Utilities Policy for the financial billing of potable water and natural gas leaks occurring on the customer’s side of the revenue meter. If the UAC wishes to provide feedback on the current policy or alternatives for reasons of business process improvements or customer satisfaction, staff can return for a follow-up discussion and/or action based upon customer or business parameters identified in UAC discussion. EXECUTIVE SUMMARY To summarize the CPAU policy for water and natural gas leaks: if water or natural gas has passed through the revenue meter serving the customer and that meter is accurate within the established CPAU standards, it is the customer’s responsibility to pay the bill, unless it can be shown that CPAU was responsible for the increased consumption. BACKGROUND Current Policy A policy change to Utilities Rule and Regulation 11, “Billing, Adjustments and Payments of Bills”, Section L., “Water or Gas Leak Credits”, was adopted by Council on May 9, 2006 (CMR : 219:06): L. WATER OR GAS LEAK CREDITS (from 5-9-2006 to present) It is the Customer’s responsibility to maint ain their lines and equipment in a reasonable condition such that leaks do not occur. CPAU shall not make billing adjustments for Water, Gas or Wastewater Charges resulting from leakage in a line on the Customer Premises beyond the CPAU Meter, unless CPAU determines that City staff were solely responsible for such leakage. Water is a metered service and the City’s responsibility ends where the water exits the meter and is taken into the customer's distribution lines. It is the customer’s responsibility to maintain their distribution lines and end-use equipment so that leaks do not occur. Based on this principle, no Utilities usage or payment credits are given for water leaks once the water has passed through the meter and consumption has been counted. Rule 11(I) of the City of Palo ATTACHMENT A Page 2 of 7 Alto’s Utilities Rules and Regulations requires that all utility billing errors, both instances of underbilling and overbilling, be corrected over a three year look-back period. This Rule is designed to ensure fairness to all customers, such that some customers do not effectively subsidize leaks on other customers’ properties. The City’s bright line rule for water leaks is consistent with statewide water regulatory trends that put a premium on water conservation and are focused on eliminating water waste. The rule is clear and facilitates consistent application by staff in a manner that has the potential to strengthen the C ity’s position should the City become involved in litigation over costs or charges in the future. City staff does encourage customers to investigate whether their homeowner insurance policy covers the costs associated with leaks. The Utilities Department also works with customers to devise a payment arrangement for back bills to address financial hardship by spreading payments over extended periods. Prior Policy The prior leak credit policy (effective 11-22-1999 until 5-9-2006), also under Rule and Regulation 11, but as Section G, “Billing Adjustments”, Subsection 4, “Water or Gas Leak Credits”, and Subsection 5, “Billing Adjustments in Connection with Force Majeure Events” stated: 4. WATER OR GAS LEAK CREDITS: (from 11-22-1999 through 5-9-2006) Billing adjustments may be made for water or gas lost as a result of leakage in a line on the Customer premises beyond the CPAU meter. Leaking faucets, toilets, hoses, or sprinklers do not qualify for a billing credit unless a determination has been made by CPAU that the Customer had no control of such device(s) leaking. Under no circumstances will a billing credit be provided a Customer when the facts indicate that a Customer had knowledge of a water or gas leak, but failed to take corrective measures in a timely manner. It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. (A) Generally, a leakage credit will be granted for a one month billing cycle. However, depending on the circumstances, a two-month billing cycle may be granted by the Supervisor, Customer Service Center. Such circumstances include, but are not limited to, a leak occurring while a Customer is out of town for an extended period of time. Leak credits will not be provided beyond a two-month billing cycle. (B) All Customer classes are eligible for the leak credit. To qualify for the water leak credit, evidence of having repaired the leak is required. Such evidence may consist of a plumber’s repair bill, materials receipt, or field verification by CPAU. Customers who are negligent or slow to react in repairing a leak do not qualify for a leak credit. (C) To arrive at the corrected bill amount, which reflects the leak credit, CPAU will estimate what would have been the normal consumption and Page 3 of 7 calculate a normal bill based on that consumption. Then, actual consumption in excess of the normal figure will be billed at CPAU’s current wholesale commodity cost plus ten percent. The sum of these two calculations represents a revised billing amount. The leak credit is the difference between the revised billing amount and the original bill. 5. BILLING ADJUSTMENTS IN CONNECTION WITH FORCE MAJEURE EVENTS (A) For purposes of this Rule and Regulation, the term “force majeure” means the occurrence of an event that is beyond the reasonable control of the utility Customer and, which by reasonable efforts, the Customer could not prevent. Such events include, but are not limited to, an Act of God, an irresistible, superhuman cause, fire, flood, earthquake, or any other similar cause. (B) Water, Gas, and/or Electric (1) A water, gas, and/or electric billing adjustment in connection with a force majeure event shall be limited to charges for water, gas, and/or electricity consumption in excess of the historical average for the customer. The billing adjustment will be applied as a credit on the customer’s bill. The credit is for the amount of excess usage and represents the difference between the amount charged for the applicable period and an amount calculated based on the customer’s average consumption for a similar period. This credit shall include a refund of any applicable utilities users tax that was based on the amount of excess usage. (2) The Director of Utilities shall determine the historical average consumption. Depending on the availability of data and other reasonable considerations, the basis for calculating such averages may be the same month(s) in a previous year, a recent 12 month average, a 6 month seasonal average for winter or summer, or other appropriate period(s) as determined by the Director of Utilities. (C) Debris Boxes (1) A billing adjustment or refund in connection with debris boxes serviced by the City’s contracted Collector shall be limited to City’s Collector charges incurred or to be incurred out-of-pocket by the resident, owner, or business for removal of flood -damaged materials only. Refunds will not be applied to charges paid through insurance policies. The City’s Collector will keep a record of those residences and businesses that request debris boxes during the applicable refund period. Page 4 of 7 (D) To qualify for an adjustment under this section, the Customer may be required to provide documentation to verify damage to the residence or building, or contents thereof. In circumstances in which the City has previously verified such damage such as by a field visit or has made a determination from other information resources, documentation from the Customer may not be required. However, to qualify for a refund for debris box rentals, a signed statement by the Customer is required that attests that the debris box was used for flood-damaged materials only and that the Customer has not and will not be reimbursed by homeowners insurance or any other agency. (end) The implementation difficulty that CPAU had with this earlier policy included:  Regulatory definitions were difficult to consistently interpret and apply.  Not being responsible for the full cost of repairing irrigation leaks and defective plumbing equipment has the potential to prevent some customers from upgrading, properly maintaining/inspecting, or repairing older, defective, or degraded plumbing.  Extensive time and expense was required by CPAU field, office and management staff to investigate and interpret instances of high water consumption…essentially having to prove to the customer that there was a leak for which they were responsible.  Determine the relative merits of each submission, and to establish and maintain precedents. For instance, customers (still) argue that “there was no way they could have used that much water” because they weren’t home, there was no standing water indicating the presence of an irrigation leak, there was no running toilet, etc.; and,  Did not preclude customers from both filing for a reduced-payment CPAU water leak adjustment and filing a claim with their insurance carrier for the full retail value of the water bill. DISCUSSION CPAU uses a manual meter reading process that occurs once per billing cycle, or roughly once per month. CPAU Customer Services staff attempts to contact the affected customer as soon as the abnormally high reading is downloaded from the meter reading device and identified. In between two meter reading periods a variety of high water consumption events could have taken place some visible to the naked eye (wet spots in landscaping, broken irrigation head, water flowing down the gutter or across hardscape), and some not (running toilet, under slab burst pipe, or water heater valve discharging under the house). There are three types of leaks that ordinarily occur: (1) the slow leak where consumption gradually increases to the point where it seems excessive to the customer, or out-of-range to CPAU, (2) the single-event burst pipe/irrigation valve, and (3) the single-event “Unknown Cause”, with no visible problem, no one admitting to be in residence, and no wet spots noticed by the gardener. All three events result in high consumption and high bills. They also result in customer calls to the Utilities Call Center. Page 5 of 7  For Fiscal Year 2016-2017 (11 months to date) there have been 509 double-checks of the original water meter reading resulting from customer calls about their high water bills.  For Fiscal Year 2016-2017 (11 months to date) there have been 1,925 double-checks of an original water meter reading resulting from “out-of-range” meter readings in the billing system. The vast majority of “check-reads” have been found to be accurate. There are approximately 20,600 water meters in the system totaling 247,200 water meter readings per year. The consolidated annual meter reading error rate (915,100 water, gas, electric meter readings) is less than 0.05%. Since 2009 there have been 74 escalated calls about high water consumption requiring the attention of a supervisor or manager. Of these, there have been approximately one dozen significant-volume water leaks where the dollar values of these leaks ranged from several hundred to several thousand dollars (high of $7,000). The causes of these leaks encompassed all three of the types identified above (irrigation system failures, running toilets, or “unknown causes”). When confronted with the reality of a water leak, customers mitigate the situation in several ways. Aged, leaking toilets are identified through home visits of CPAU water efficiency contractors, or by using dye tablets available from local hardware stores. The toilet is then repaired or replaced with a more efficient low volume model. Leaking irrigation systems can be discovered from broken sprinkler heads or valves, or from soft or wet spots in yard or turf. Locating deeper irrigation leaks or the troublesome “unknown causes” may require the services of a specialized leak detection company using sophisticated acoustical or H2 tracer sensor technologies. Preventing future high bills from water leaks can be addressed by homeowner installation of wired or wireless water leak alarms and/or sensors installed in basements or on the customer’s side of the CPAU water meter. If CPAU moves forward with the procurement and installation of “smart” water meters, customers would also be provided with built -in leak detection and notification capabilities. Alternative Policies Used by Other Water Agencies Each water agency, public or private, typically has their own policy and/or methodology for handling water bill reductions due to high water consumption. These policies range from formal to informal to none. Specific water leak policy language can be found in Municipal Codes, Ordinances, Fee Schedules, Rate Schedules, Department Policies, and other references commonly available to the public. Agencies without specific policies or remedies do not address the topic at all in their customer-facing publications. Policies include: 1. Some agencies include language stating that maintaining and repairing the water distribution system on the customer’s side of the meter is the cust omer’s responsibility. 2. Agencies variously define “water leak”. For instance, some consider a “water leak” to mean: a) plumbing failures on the customer’s side of the meter due to normal “wear and tear”, b) a plumbing failure event “not resulting from theft, vandalism or other Page 6 of 7 third-party actions”, c) increased water consumption over time as a result of broken pipes or fittings, or d) a single event, catastrophic failure of a water line or appliance. 3. Some agencies do not provide specific regulatory remedies. Requests for billing adjustments are handled administratively through the department or City Manager’s Office on a case by case basis. 4. Some agencies have “water leak adjustment” policies that provide specific regulatory remedies in the event of a water leak. These include: a) reduction in charges to the lowest applicable rate Tier, b) time/term limits on the number/years that adjustments requests can be made (i.e. once every three years; once per lifetime; etc.), c) proof of completed leak repair, d) a maximum number of bills that can be adjusted, e) an adjustment maximum for dollars or percentage of bill (i.e. a 25% cap on bill reduction), and f) minimum years of water agency service to qualify for a leak adjustment. NEXT STEPS The UAC may wish to provide input on the current policy for water and gas leak adjustments as stated in Rule and Regulation 11. Depending upon UAC’s feedback, staff may consider returning with alternatives based upon customer or business parameters identified in UAC d iscussion. RESOURCE IMPACT Maintaining the current policy for water and gas leak adjustments as stated in Rule and Regulation 11, there will be no future financial impact to the Water Fund. Adoption of an alternative policy will require financial impacts to be calculated based upon the recommended policy. POLICY IMPLICATIONS The current City of Palo Alto Utilities policy for the handling of water leaks was approved by Council in 2006. Specific changes to the current policy may require the amendment of Utility Rules and Regulations and/or development of internal guidelines for department implementation. ENVIRONMENTAL REVIEW Discussion of and solicitation of feedback from the UAC concerning the City’s water leak adjustment rules does not meet the definition of a project under the California Environmental Quality Act (CEQA), pursuant to Public Resources Code Section 21065. ATTACHMENTS A) City of Palo Alto Utilities Rule and Regulation 11, "Billing, Adjustments and Payments of Bills" (2016) B) City of Palo Alto Utilities Rule and Regulation 11, "Billing, Adjustments and Payments of Bills" (1999) PREPARED BY: TOM AUZENNE, Assistant Director-Customer Support Service~ REVIEWED BY: ~ATCHELOR, Chief Operating Officer APPROVED BY: [___ / ~ EDSHIKADA General Manager of Utilities Page 7of7 BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 1 A. BILLING UNITS All metered billing units used for billing purposes shall be determined to the nearest whole unit. Such units may include, kW, kWh, kVA, kVar, hp, Therms, and/or ccf. B. PAYMENT OF BILLS CPAU issues bills to its Customers on a regular interval. Bills shall be deemed received upon physical or electronic delivery to Customer, or three calendar days following the deposit of the bill in the United States Mail to the Customer’s billing address. Bills for CPAU Services are due and payable 20 calendar days following issuance of the bill statement. Bills unpaid after the 20 day period are considered delinquent (“past due”). If a Customer’s payment is not received by CPAU after 25 days of bill issuance, the outstanding balance will be assessed a late payment Charge. For the convenience of Customers there are a number of ways to pay CPAU bills: 1.By enclosing the bill stub and check and mailing to: CPAU, P.O. Box 10097, Palo Alto, CA 94303-0897. 2.By enrolling in the Utilities Bank Draft Program. Payments will be drafted from a Customer’s designated checking or saving account and automatically applied to the Customer’s Utility Account for each current Billing Period. 3.By paying in Person at the Civic Center, Revenue Collections, 1st Floor, 250 Hamilton Avenue, Palo Alto between the hours of 8:00 a.m. and 4:30 p.m. The City offices are closed on alternate Fridays. Customers should call 650-329-2317 to ensure the office is open. Credit card payments are accepted at Revenue Collections. Customers should call to see which credit cards are accepted. Customers can pay delinquent bills with a credit card by phone by calling the Utility Customer Service Center during business hours. 4.By depositing the payment in the walk-up Night Depository Box in the front of the City Hall building on the Civic Center Plaza, or at the drive-up Night Depository Box in the Civic Center Garage, on “A” Level. 5.By paying online through the “My Utilities Account” application, accessible from the ATTACHMENT A BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 2 Utilities’ website. Payment through the “My Utilities Account” may be made by credit card or by bank draft. 6. By enrolling at a financial institution or service company that can provide electronic payments to CPAU on behalf of the Customer. 7. By Property Managers completing a “Revert to Owner (RTO) Agreement” in order to maintain utility service to units during the interim period between tenants. C. BUDGET BILLING PAYMENT PROGRAM The Budget Billing Payment Program establishes equalized monthly payments and is available to all Residential Customers who qualify as set forth below: 1. Customers may join the Budget Billing Payment Program at any time providing the Customer Account balance is zero and the Customer has not been previously removed from the Budget Billing Program for non-payment. 2. A Customer electing to utilize the program shall agree to make monthly payments based on CPAU’s forward estimate of the Customers’ Charges for the subsequent twelve-month period. 3. CPAU does not guarantee that the total actual Charges will not exceed, or be less than, its original estimate. Customers should review their Account on an ongoing basis and request changes to the budget billing amount in response to changes in their household usage. CPAU may require that Customers pay a revised monthly amount as a condition to continuing participation in the plan, if CPAU determines that substantial changes in Customer usage patterns or consumption has occurred. 4. CPAU will perform an annual true-up on Customer Budget Billing Accounts every twelve months. This will result in either a Customer credit for CPAU over-collection or an outstanding balance due from the Customer for under-collection by CPAU during the prior twelve months. D. DISCONTINUANCE OF BUDGET BILLING BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 3 The Customer’s Budget Billing Payment Program shall remain in effect, subject to review of the monthly payment amount, and shall terminate when: 1. The Customer notifies CPAU to terminate participation in the Budget Billing Program; 2. CPAU notifies the Customer of the termination of its Budget Billing Payment Program: 3. The Customer no longer takes Service at the Premises; or 4. The Customer owes an amount of two or more monthly payments. However, if the Customer eliminates the delinquency, removal from the program will not occur. Upon termination of either Utility Service or participation in the Budget Billing Payment Program, any amount owed by the Customer for actual Charges shall immediately become due and payable or any amount due to the Customer shall be refunded or credited. E. INSUFFICIENT FUNDS FOR PAYMENT 1. A Service Charge will be made and collected by the City of Palo Alto for each check returned by a bank to CPAU for the reason of insufficient funds in accordance with Rate Schedule C-1. 2. Unsuccessful Bank Drafts due to insufficient funds will be subject to late payment fees in accordance with Rate Schedule C-1. F. PRORATION OF BILLS 1. Bills for Utility Services will be prepared for each Billing Period in accordance with the applicable Rate Schedules or CPAU contract applicable to the Premises served. 2. Proration is intended to produce a uniform average unit cost for the commodity regardless of the number of days in the Service period. Services will be prorated if the number of actual Service days differs from the number of days in the applicable Billing Period. Electric Demand (kW) and Electric Power Factor Charges will not be prorated. Proration will not occur for those Rate Schedules that contain Meter fees, connection fees, deposits, and other miscellaneous fees. BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 4 3. If Rate Schedules change during the Billing Period, Charges will be prorated on the basis of the number of days covered by the previous Rate Schedule and the number of days covered by the new Rate Schedule. G. DELINQUENT BILLS AND LATE PAYMENT CHARGES 1. Utilities Charges incurred in the applicable Billing Period are due and payable by the “Due Date” indicated on the front of the bill statement. Bills unpaid by the due date are delinquent and a late payment Charge will be added to the outstanding balance as specified in Rate Schedule C-1. 2. Residential and commercial Accounts having unpaid balances older than 180 days shall be subject to collection action by the City. Collection action may result in notifications to credit reporting agencies. 3. Late payment Charges may be suspended by CPAU if the Customer is withholding full or partial payment pending final resolution of disputed bill. The late payment Charge may be waived by CPAU based upon the ultimate resolution of a disputed Charge. 4. Full or partial payments towards outstanding balances will be applied to the oldest outstanding Charges. Failure to pay outstanding balances will result in late fees and termination of Service for non-payment. 5. In the event that a Customer donating to the ProjectPLEDGE Program has a delinquent bill, the late Charge percentage will not be applied to the amount of the Customer’s pledge. However, the Customer’s participation in ProjectPLEDGE will be discontinued after three consecutive Billing Periods in which the Customer has not included their pledge amount in the bill. 6. Customers whose Utility bills include payments of principal and/or interest on loans from CPAU which are secured by deeds of trust on real property shall be charged a late payment Charge when any current Utility bill includes an unpaid installment on such loan from a prior bill. Nothing in this Rule and Regulation shall be construed to alter in any way the duty of the Customer to pay any installment on a loan from CPAU when due, or to alter the rights of CPAU to enforce the payment of such installments. BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 5 H. DISPUTED BILLS If bill accuracy is questioned or disputed by the Customer, Customers shall request an explanation from CPAU within the current Billing Period or as soon as reasonably possible. After reviewing the disputed bill, CPAU will: 1. Issue a corrected bill to the Customer or reflect the correction on the bill in a subsequent Billing Period. 2. Determine if an amortization period (“payment arrangement”) for the Charge-in-question shall be provided by CPAU. If a payment arrangement is offered by CPAU and agreed to by the Customer, Utility Services will not be discontinued for nonpayment while the Customer complies with the payment arrangement for the “past due” balance , and subsequent Utilities bills are paid on time during the payment arrangement period. 3. Advise the Customer that the bill is correct as presented. The Customer may choose, at the Customer’s option, to have the Meter removed for testing under the Provisions of Rule 15 “Metering” and payment of the applicable fee found in Rate Schedule C-1 “Exchange Meter for Accuracy Test”. I. METERED SERVICE BILLING ERRORS AND ADJUSTMENTS Where a Customer has been undercharged or overcharged for metered Service, the date and cause of which can be reliably established where a customer has been undercharged or overcharged, the retroactive billing adjustment (back bill or refund) shall not exceed three years. 1. When, as a result of either a CPAU or a Customer-initiated accuracy test, an Electric or Gas Meter is found to register more than two percent (2%) fast or a Water Meter is found to register more than one and a half percent (1.5%) fast, CPAU will refund the Customer the overcharge based upon the corrected Meter readings for the period the Meter was in use, or three years, whichever is less. Any applicable late payment will be waived. 2. When, as a result of a test, a Customer’s Electric or Gas Meter is found not to register or to register more than two percent (2%) slow, or a Water Meter is found not to register or to register more than one and half percent (1.5%) slow, CPAU may bill the Customer for the undercharge base on an average bill. The bill will be computed based on an estimate of the BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 6 Customer’s consumption during a prior month in the same season or on the consumption in the same period of the prior three years. 3. When, a billing or consumption problem has been investigated and verified, Utilities will attempt to notify the Customer within 30 working days or a reasonable amount of time depending on the complexity of the error. J. UNMETERED SERVICE BILLING ERRORS AND ADJUSTMENTS Where a Customer has been undercharged or overcharged for unmetered Service, the date and cause of which can be reliably established where a customer has been undercharged or overcharged, the retroactive billing adjustment (back bill or refund) shall not exceed three years. K. THEFT OF SERVICE Where there is evidence that meter tampering or theft of Utility Service has occurred, CPAU will retroactively bill, and collect any underpayment or nonpayment of Charges as well as any labor or material costs related to investigating the theft and making any required corrections. The applicable period to assess Charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment was discovered and initially established. The labor and material costs related to investigating the theft will be calculated in accordance with Utility Rate Schedule C-1 and/or any other applicable Utility Rate schedules. All underpayments or non- payments shall become immediately due and payable. Customers committing theft of Utility Service may also be subject to legal action pursuant to Rule 1, California Penal Code sections 487,496, 498, 591, 592, 593 and California Civil Code sections 1882 through 1882.6. Customers billed for theft of service can dispute the charges by following the process described in Rule and Regulation 11.H. If that process does not resolve the matter, customers billed for theft of service may, within thirty (30) calendar days, request (by telephone, in writing, or in person) an administrative hearing. If a hearing is requested, the city manager or his designee shall schedule a date and time for said hearing as soon as possible after the request is filed, but no later than ten (10) business days after the filing of such request for hearing. At the hearing, the customer billed for theft of service may offer evidence in person or in the form of a written statement, setting forth the reasons why the customer believes the determination of theft is BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 6-27-2016 Sheet No 7 incorrect. Utilities personnel shall also be allowed to offer whatever evidence they may have as to why they have established the customer engaged in utilities theft. The city manager or his designee shall make a determination as to whether the customer is liable for the charges for theft of service. L. WATER OR GAS LEAK CREDITS It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. CPAU shall not make billing adjustments for Water, Gas or Wastewater Charges resulting from leakage in a line on the Customer Premises beyond the CPAU Meter, unless CPAU determines that City staff were solely responsible for such leakage. M. REFUSE BILLING ERRORS, DISPUTES AND ADJUSTMENTS 1. Adjustments to the Refuse bill shall be requested to the City’s Collector. Customers with adjustments unresolved by the City’s Collector, may dispute their claim with the City’s Public Works Department, Refuse. Billing adjustments will be resolved by following the City’s Rules and Regulations, Chapter 5.20 of the Palo Alto Municipal Code and specific regulations promulgated by the City Manager pursuant to the authority established in Chapter 5.20. 2. When an error in billing has occurred, the date and cause of which can be reliably established where a Customer has been undercharged or overcharged, the retroactive billing adjustment shall not exceed three years. (END) BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 1 dated 9-1-99 Sheet No. 1 A. PREPARATION AND PRORATION OF BILLS: 1. Bills for utility services will be prepared on a monthly basis in accordance with the rate schedule or CPAU contract applicable to the premises served, as determined by CPAU. 2. The monthly service charge for metered water (and related wastewater), gas, and/or electric service, as well as flat-rate charges for refuse, storm drain, wastewater, and other non- metered services will be prorated if the number of actual service days is less than 25 or greater than 35. Proration will be based on the number of days in the service period to the number of days in an average month namely, 30.0. 3. Proration for all water, gas, and electric rate schedules that contain rate steps (consumption blocks) will occur when the actual days of service differ from the standard 30-day billing period. Proration is intended to produce a uniform average unit cost for the commodity regardless of the number of days in the service period. Electric demand (kW) and electric power factor rates will not be prorated. 4. In the event that water, gas (therm factor), electric, refuse, wastewater and/or storm drain rates change during the service period, charges will be prorated on the basis of the number of days covered by the previous rate schedule to the number of days covered by the new rate schedule. Mid-period proration will not occur on rate schedules that contain connection fees, deposits, and other miscellaneous fees. B. BILLING UNITS: 1. All metered billing units used for billing purposes shall be determined to the nearest whole unit. Such units may include, kW, kWh, kVa, kVar, hp, therms, and/or ccf. C. PAYMENT OF BILLS: ATTACHMENT B BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 2 dated 9-1-99 Sheet No. 2 CPAU issues bills to its customers on a monthly basis. Bills shall be deemed received upon personal delivery to Customer or three days following the deposit of the bill in the United States Mail to the Customer’s last known address. Bills for CPAU services are due and payable 20 days following issuance of the bill statement. Bills unpaid after the 20-day period are considered delinquent. If a Customer’s payment is not received by CPAU before the next bill statement is issued, the outstanding balance will be assessed a late payment charge in accordance with this rule. For the convenience of CPAU Customers’ there are a number of ways to pay CPAU bills: 1. By enclosing the bill stub and check and mailing to: CPAU, P.O. Box 10097, Palo Alto, CA 94303-0897. 2. By paying in person at the Civic Center, Revenue Collections, 1st Floor, 250 Hamilton Avenue, Palo Alto between the hours of 8:00 a.m. and 4:30 p.m. Visa and Master card payments can be processed at Revenue Collections. 3. By dropping the payment in the Night Depository Box either in the front of the Civic Center Plaza or at the drive-up Night Depository Box in the Civic Center Garage, A level. 4. By banking at a financial institution or subscribing to a service company that provides automatic payments by telephone transfer between the Customer and the bank. This involves the Customer notifying (by touch-tone telephone) the bank or service company each month of the utilities bill amount, the amount is deducted from their bank account, and the bank issues a check to CPAU. D. LATE PAYMENT CHARGES: 1. Any unpaid balance from a prior billing period is delinquent and assessed a late payment charge. Utilities charges incurred in the current billing period are due and payable by the “Due Date” indicated on the front of the bill statement. Bills unpaid by the due date are considered delinquent and a late payment charge is added to the outstanding balance. 2. Based on the particular merits of a given situation, late payment charges may be waived by CPAU. Examples of situations where a waiver is granted are generally those under which the Customer is faced with circumstances beyond his or her control. Two examples are: BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 3 dated 9-1-99 Sheet No. 3 (A) The posting of payments received by CPAU is delayed or in error. (B) The Customer is withholding payment or partial payment pending resolution of an inquiry. 3. In the event the Customer makes a payment of less than the total amount of bill rendered, which amount includes any previous balance owing, CPAU shall apply said payment first to the previous billing charges and the remainder, if any, to the current billing charges unless otherwise agreed to by CPAU. 4. In the event that a Customer participating in the ProjectPLEDGE Program has a delinquent bill, late charges will not be applied. However, the Customer’s participation in ProjectPLEDGE will be discontinued after three consecutive months in which the Customer has not included their pledge amount in the bill. 5. The late payment charge will be computed as one percent on the balance forward. 6. Subparagraphs D (1) and D (2) to the contrary notwithstanding, Customers whose CPAU bills include payments of principal and/or interest on loans from CPAU which are secured by deeds of trust on real property shall be charged a late payment charge when any current CPAU bill includes an unpaid installment on such loan from a prior bill, provided that twenty (20) days have elapsed since the day of the last billing. For closing bills, the elapsed time will be thirty (30) days. The late charge on such loan payment shall be six percent (6%) of the installment due or five dollars ($5), whichever is greater. No charge will be imposed more than once for a late payment for the same installment; provided, however, that the imposition of the late charge on any late payment will not eliminate or supersede late charges imposed on prior late payments. No late charge will be imposed on any installment which is paid or tendered in full on or before its due date, or within the ten (10) days after notice is given that the late charge will be imposed even though an earlier installment or installments, or any late charges thereon, may have been paid in full when due. For purposes of determining whether late charges may be imposed, any payment tendered by the Customer shall be applied by CPAU to the most recent installment due. Nothing in this Rule and Regulation shall be construed to alter in any way the duty of the Customer to pay any installment on a loan from CPAU when due or to alter the rights of CPAU to enforce the payment of such installments. Nothing in this subparagraph shall alter the payment or collection of late charges assessed in accordance with subparagraphs (1) and (2) of this Rule and Regulation for CPAU bills or portions thereof which do not include payments on loans secured by real property. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 4 dated 9-1-99 Sheet No. 4 7. In the event a Customer’s payment of principal and interest is past due on an unsecured loan from CPAU, the applicable late payment charge may be established in the contract with the customer. E. RETURNED CHECK CHARGE: 1. A service charge will be made and collected by the City of Palo Alto for each check returned by a bank to CPAU for the reason of insufficient funds in accordance with Rate Schedule C-1. F. DISPUTED BILLS: 1. CORRECTNESS OF BILL If the correctness of a bill is questioned or disputed by the Customer, an explanation should be requested from a Utilities Customer Service Representative within five (5) days of receiving the utility bill. If the bill is determined to be incorrect, a corrected bill will be issued to the Customer. 2. BILL REVIEW PROCEDURE (A) A Customer who has initiated a complaint or requested an investigation within five (5) days of receiving the utility bill shall be given an opportunity to review the complaint with the Supervisor, Customer Service Center. The review shall include consideration of whether the Customer should be permitted to amortize the unpaid balance of their account over a reasonable period of time. (B) After reviewing the disputed bill, the Supervisor, Customer Service Center will: (1) Authorize any necessary adjustments; or (2) Advise the Customer that the bill is correct as presented; and (3) Determine if an amortization period is warranted. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 5 dated 9-1-99 Sheet No. 5 (C) If an amortization period is warranted and agreed to by the Customer, service will not be discontinued for nonpayment provided the Customer complies with the amortization agreement, and provided the current bill is paid within 20 days of the date issued. (D) If the Customer fails to comply with the amortization agreement, service shall be subject to discontinuance for nonpayment of bills as provided in Rule 14. (E) Failure of the Customer to notify CPAU of a billing error or to request an explanation of charges within 20 days of the date of the bill will constitute acceptance by the Customer of the bill as rendered. 3. PAYMENT OF BILLS IN DISPUTE If a Customer disputes a specific utility charge on a utilities bill covering multiple utilities, the bill amount for utility services which are not in dispute shall be due and payable by the date due on the bill statement. The Customer is not obligated to pay the utility charge in dispute while CPAU is investigating the disputed charges. Upon completion of the investigation, CPAU will notify the Customer if and when a payment is required. G. BILLING ADJUSTMENTS: Under certain circumstances, CPAU will adjust a Customer’s bill to correct for billing error or for reasons of equity and fairness. Such adjustments are generally of a one-time nature. Billing error is the incorrect billing of an account due to an error by CPAU or the Customer, which results in incorrect charges to the Customer. Some billing errors also arise if the Customer provides incorrect information to CPAU. Billing adjustments applied to Customer charges for reasons of equity and fairness include water or gas leak credits, smoothing, and in cases where excessive consumption of water, gas, and/or electricity occurred and where Customers rented debris boxes as a result of the Customer’s reasonable efforts to mitigate or remedy property damage or loss caused by an event of force majeure. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 6 dated 9-1-99 Sheet No. 6 Billing errors include, but are not limited to, incorrect meter reads or meter read estimates, clerical errors, wrong therm factors, wrong meter multiplier, incorrect voltage discount, meter installation, crossed meters, undercharges due to meter tampering, an inapplicable rate, an oversight in the process of entering the appropriate meter information into the computer system for billing, or field errors such as installing the meter or regulator incorrectly. 1. SMOOTHING ADJUSTMENT (A) A smoothing adjustment averages the usage of a customer over two billing periods. The Supervisor, Customer Service Center or a designated representative shall determine if a smoothing adjustment is indicated. (B) A smoothing adjustment may be appropriate if consumption between two billing cycles changes to an extraordinary high level and is caused by the following. (1) An estimated meter reading by CPAU; or (2) A longer or irregular billing cycle. 2. METER ERRORS AND OTHER BILLING ADJUSTMENTS (A) When, as a result of a test, a meter is found to be more than two percent (2%) fast, CPAU will refund the Customer the overcharge based upon the corrected meter readings for the period the meter was in use. (B) When, as a result of a test, a meter in residential use is found not to register, or to register more than ten percent (10%) slow, CPAU may bill the Customer for the undercharge based on an average bill. The bill will be computed upon an estimate of consumption based upon the Customer’s prior use. (C) When, as a result of a test, a meter in other than residential use is found not to register, or to register more than two percent (2%) slow, CPAU may bill the Customer for the undercharge base on an average bill. The bill will be computed upon an estimate of consumption based upon the Customer’s prior use during the same season of the year. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 7 dated 9-1-99 Sheet No. 7 3. APPLICABLE ADJUSTMENT PERIOD FOR METER ERRORS, RETROACTIVE BILLING, AND REFUNDS (A) When it is found that a meter is recording in error or an error in billing has occurred, the date and cause of which can be reliably established, the retroactive billing adjustment will apply as follows: (1) Where the Customer has been undercharged, the period to be backbilled shall not exceed 6 months; (2) Where the Customer has been overcharged the period to be refunded shall not exceed 12 months; (B) Where there is evidence that theft of energy or water has occurred, CPAU shall retroactively bill and collect any underpayment or nonpayment of charges. The applicable period to assess charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment was discovered and initially established. The applicable period shall not exceed 4 years. 4. WATER OR GAS LEAK CREDITS: Billing adjustments may be made for water or gas lost as a result of leakage in a line on the Customer premises beyond the CPAU meter. Leaking faucets, toilets, hoses, or sprinklers do not qualify for a billing credit unless a determination has been made by CPAU that the Customer had no control of such device(s) leaking. Under no circumstances will a billing credit be provided a Customer when the facts indicate that a Customer had knowledge of a water or gas leak, but failed to take corrective measures in a timely manner. It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. (A) Generally, a leakage credit will be granted for a one month billing cycle. However, depending on the circumstances, a two-month billing cycle may be granted by the Supervisor, Customer Service Center. Such circumstances include, but are not limited to, a leak occurring while a Customer is out of town for an extended period of time. Leak credits will not be provided beyond a two-month billing cycle. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 8 dated 9-1-99 Sheet No. 8 (B) All Customer classes are eligible for the leak credit. To qualify for the water leak credit, evidence of having repaired the leak is required. Such evidence may consist of a plumber’s repair bill, materials receipt, or field verification by CPAU. Customers who are negligent or slow to react in repairing a leak do not qualify for a leak credit. (C) To arrive at the corrected bill amount, which reflects the leak credit, CPAU will estimate what would have been the normal consumption and calculate a normal bill based on that consumption. Then, actual consumption in excess of the normal figure will be billed at CPAU’s current wholesale commodity cost plus ten percent. The sum of these two calculations represents a revised billing amount. The leak credit is the difference between the revised billing amount and the original bill. 5. BILLING ADJUSTMENTS IN CONNECTION WITH FORCE MAJEURE EVENTS (A) For purposes of this Rule and Regulation, the term “force majeure” means the occurrence of an event that is beyond the reasonable control of the utility Customer and, which by reasonable efforts, the Customer could not prevent. Such events include, but are not limited to, an Act of God, an irresistible, superhuman cause, fire, flood, earthquake, or any other similar cause. (B) Water, Gas, and/or Electric (1) A water, gas, and/or electric billing adjustment in connection with a force majeure event shall be limited to charges for water, gas, and/or electricity consumption in excess of the historical average for the customer. The billing adjustment will be applied as a credit on the customer’s bill. The credit is for the amount of excess usage and represents the difference between the amount charged for the applicable period and an amount calculated based on the customer’s average consumption for a similar period. This credit shall include a refund of any applicable utilities users tax that was based on the amount of excess usage. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7-1-2005 Supercedes Sheet No. 9 dated 11-22-1999 Sheet No. 9 (2) The Director of Utilities shall determine the historical average consumption. Depending on the availability of data and other reasonable considerations, the basis for calculating such averages may be the same month(s) in a previous year, a recent 12 month average, a 6 month seasonal average for winter or summer, or other appropriate period(s) as determined by the Director of Utilities. (C) Debris Boxes (1) A billing adjustment or refund in connection with debris boxes serviced by the City’s contracted Collector shall be limited to City’s Collector charges incurred or to be incurred out-of-pocket by the resident, owner, or business for removal of flood-damaged materials only. Refunds will not be applied to charges paid through insurance policies. The City’s Collector will keep a record of those residences and businesses that request debris boxes during the applicable refund period. (D) To qualify for an adjustment under this section, the Customer may be required to provide documentation to verify damage to the residence or building, or contents thereof. In circumstances in which the City has previously verified such damage such as by a field visit or has made a determination from other information resources, documentation from the Customer may not be required. However, to qualify for a refund for debris box rentals, a signed statement by the Customer is required that attests that the debris box was used for flood-damaged materials only and that the Customer has not and will not be reimbursed by homeowners insurance or any other agency. 6. REFUSE BILLING DISPUTES AND ADJUSTMENTS (A) Adjustments to the refuse bill shall be requested to the City’s collector. Customers with adjustments unresolved by the City’s collector, may dispute their claim with the City’s Public Works Department. Billing adjustments will be resolved by following the City’s Rules and Regulations and specific regulations established in Chapter 5.20 of the Palo Alto Municipal Code. (B) When an error in billing has occurred, the date and cause of which can be reliably established, the retroactive billing adjustment will apply as follows: BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 7-1-2005 Supercedes Sheet No. 10 dated 11-22-99 Sheet No. 10 (1) Where the Customer has been undercharged, the period to be back billed shall not exceed 6 months; (2) Where the Customer has been overcharged, the period to be refunded shall not exceed 12 months; (C) Customers requesting refuse collection services to be suspended or requesting for a service credit to be issued shall obtain from the City a non-occupancy status. Refuse bill shall be adjusted accordingly. H. BUDGET BILLING PAYMENT PLAN: A Budget Billing Payment Plan establishes equalized monthly payments and is available to all residential Customers who qualify as set forth below. 1. Customers may join the Budget Billing Payment Plan at any time prior to July 1, the beginning of the annual budget payment cycle, providing however, the Customer account balance is zero, and the Customer has not been removed from the budget plan for non- payment within the previous six months. 2. A Customer electing to utilize the plan shall agree to make monthly payments based on CPAU’s estimate of the Customer charges for the twelve-month period July 1 through the next June 30, reflecting anticipated rate changes. 3. CPAU does not guarantee that the total actual charges will not exceed or be less than its estimate. CPAU will review the account on a periodic basis and may revise its estimate in response to changing rates or variations in the amount of service used. CPAU may require that Customers pay a revised monthly amount as a condition to continuing participation in the plan. 4. DISCONTINUANCE OF BUDGET BILLING: The Budget Billing Payment Plan shall remain in effect from year to year, subject to review of the monthly payment amount, and shall terminate when: (A) The customer notifies CPAU to terminate participation in the plan; (B) CPAU notifies the customer of the termination of its budget payment plan: (C) The Customer no longer takes service at the premises; or BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 11 dated 9-1-99 Sheet No. 11 (D) The Customer owes an amount of two or more monthly payments. However, if the customer eliminates the delinquency, removal from the plan will not occur. (E) The Customer participates in Direct Access and buys from another Energy Service Provider. Upon termination of either CPAU service or participation in the budget payment plan, any amount owned by the Customer for actual charges shall immediately become due and any amount due the Customer shall be refunded as soon as possible. I. RESALE PROHIBITED: 1. Customer shall use services only for the purposes specified in the service agreement and applicable rate schedule(s). CPAU service shall not be resold except as provided in this rule. 2. Premises that are receiving service in conflict with this Rule as of the effective date of this Rule may continue to receive service under such conditions if so authorized in writing by CPAU. 3. Sub-metering shall be considered sufficient evidence that utilities are being resold, with the exception of provision I-4 below. 4. Property owners may bill the cost of providing utilities to individual tenants separately from rent only with written consent of the Assistant Director of Utilities, Administrative Services. Charges for utilities may be allocated based upon metering, square footage, or another methodology determined to be reasonable by CPAU. Under no circumstances can the total costs of CPAU services allocated to tenants exceed the costs of CPAU services billed to the property owner by CPAU. A property owner using a billing procedure coming within the scope of this Rule must disclose all information used to determine a tenant’s utilities bill to the tenant or CPAU, or both, upon request. Property owners are responsible for resolving utility bill disputes with their tenants. Tenants may request and receive from CPAU a copy of previous bills for a period not to exceed 12 months, charged to the property owner who sub-meters. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 12 dated 9-1-99 Sheet No. 12 J. ACCOUNTING, BILLING, AND PAYMENT FOR GAS SERVICE PROVIDERS 1. INFORMATION CHARGES CPAU shall charge, and the Gas Service Provider shall pay, for any non-confidential or non- proprietary information requested by the Gas Service Provider pertaining to the Eligible Customer which is in addition to information normally provided in accordance with CPAU’s procedures. 2. BILLING All billings between the Gas Service Provider and CPAU for services under a Gas Service Provider Agreement shall be performed by CPAU or the Pool Manager on a calendar month basis. (A) All billing statements shall reflect the period from 7:00 a.m. PST on the first Day of each calendar month until 7:00 a.m. PST hours on the first Day of the following calendar month; provided, however, the billing statements for any partial first month and partial last month of service shall be prorated by the number of Gas Days of service during such month. (B) Bills sent to the Gas Service Provider shall be sent to the appropriate billing address specified in the Gas Service Provider Agreement. (C) Payments for amounts billed to the Gas Service Provider shall be due on the last Day of the month in which the billing statement is issued or the fifteenth (15th) Day after receipt of the billing statement, whichever is later. Payments for amounts owed by CPAU to the Gas Service Provider shall be applied as a credit to the Gas Service Provider’s bill within the time in which the Gas Service Provider is required to pay CPAU’s bills. If, as a result of the credit, the Gas Service Provider is owed money, CPAU shall make payment in accordance with this Rule. Payment shall be made at the offices designated in The Gas Service Provider Agreement, or by electronic funds transfer to accounts specified in The Gas Service Provider Agreement. (D) Amounts not paid on or before the due date shall be payable with interest accrued at the rate of one percent (1%) per month, or the maximum interest rate permitted by Law, whichever is less, prorated by Days from the due date to the date of payment. BILLING, ADJUSTMENTS, AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 11-22-1999 Supercedes Sheet No. 13 dated 9-1-99 Sheet No. 13 When payments are mailed to CPAU, the billing statements shall be deemed paid on the dates of receipt by CPAU. (E) If the Gas Service Provider disputes the accuracy of any portion of the billing statement, then the Gas Service Provider shall pay the undisputed portion within the time required herein. Upon a determination that any disputed amount should be paid by the Gas Service Provider, the Gas Service Provider shall pay such amount, plus accrued interest, at the rate established in this Rule. (F) CPAU shall adjust a billing statement as deemed reasonably necessary by the Utilities Director for any billing statement error that is established. All adjustments or billing statement errors shall be resolved promptly as practicable, and, upon resolution, shall be included in the billing statement for the next regular Billing Period. 3. RECORDS CPAU and the Gas Service Provider shall keep accounting records and books for two (2) years in accordance with generally accepted accounting principles and practices in the industry. CPAU and the Gas Service Provider shall have the right to examine those books and the accounting records of the other during that two-year (2-year) period. Any examination will be at the examining Party’s expense, must be conducted at a reasonable time, and must be confined to the extent necessary to verify the accuracy of any statement, charge, or computation or any demand made under or as a result of transporting Customer-owned Gas. {End} EXCERPTED DRAFT MINUTES OF THE JULY 12, 2017 UTILITIES ADVISORY COMMISSION - SPECIAL MEETING ITEM 3. DISCUSSION: Discussion Regarding Utilities Leak Adjustment Rules Utilities General Manager Ed Shikada said this issue had been discussed in one of the neighborhood e-mail groups and had led to some misconceptions. As a result he felt it was important to bring this to the UAC. Assistant Director of Customer Support Services Tom Auzenne gave an overview of water metering and billing. He said customers occasionally experienced leaks on their water systems and experienced a high bill. If the utility observed a leak or had it reported to them, staff would contact the customer. Sometimes a customer or neighbor would contact the utility, and described how staff helped diagnose whether there was a leak, and how difficult it can be to find a leak in the house or irrigation systems. He explained that people often do not inspect or test their irrigation systems for leaks. In the future, with advanced meters, customers may be able to receive a notification when unusual flow was observed, but right now customers often do not discover the leak until they receive their bill. It was not their fault, but neither was it the water utility’s fault. Chair Danaher noted there had only been twelve leaks in the past eight years. Mark Harris, a Palo Alto resident of Crescent Park addressed the Commission. He said the utility had previously had a policy to provide a bill credit when a customer experienced a water leak. He recommended returning to the water leak adjustment policy that was in place prior to 2006. He said a policy should include three elements: first, the number of adjustments for any individual customer should be limited. Second, the burden of proof to demonstrate the consequence of the leak and the fact that it had been fixed should be the customer’s responsibility. Third, the customer should pay at least the wholesale price of the water. He said the leak policy would not result in any Proposition 218 issues, and the current policy in fact resulted in a windfall from customers who experience a leak. He said that he had previously been an Assistant Director of the City of Palo Alto Utilities and had handled several water leak credit requests when he was there. Later, as Director of Utilities for Mountain View he used the City of Palo Alto policy as a model. He said the concerns in the staff report could be addressed and offered his assistance if it was desired. Jonathan Foster, a Palo Alto resident and former UAC member said this was an easy problem to fix. The leaks were infrequent and would not result in a significant cost to other customers. He ATTACHMENT B recommended instituting a leak adjustment policy. He was comfortable paying an additional minor amount on his water bill to help other residents deal with the problem. Vice Chair Ballantine agreed that the cost impact among all customers would be negligible. He said it would make sense in the future to address the design issues around water appliances so that appliances and systems shut off when they are experiencing a leak. Commissioner Schwartz agreed that the problem was small and that if customers fix the problem, there should be a leak forgiveness policy. Customers who had experienced these leaks would likely be excited to participate in advanced metering or leak detection pilots. Councilmember Filseth asked whether it would make sense to go to a separated distribution and wholesale water rate. Auzenne said there was currently a fixed and variable component to the rate. Councilmember Filseth said customers experiencing leaks should pay the wholesale water cost but not necessarily the distribution component. Also, part of the marketing pitch for smart meters should be leak detection. Auzenne said the City’s pilot smart meter project had detected some leaks and those customers were contacted in advance of their scheduled meter read date. Commissioner Johnston noted there were a high number of check reads. He asked whether there had been a significant change in customer calls about leaks after the City moved away from the 2006 policy. Auzenne said that there had not been a significant change in the number of customer calls after the policy change. Auzenne also said the number of check reads was driven by automated quality control algorithms in the billing system. He said the recent rise in check reads and water leak complaints was the result of customers beginning to use their irrigation systems more frequently since the California drought had officially ended. Commissioner Schwartz said it sounded like the City was doing the right things from a Customer Service standpoint. Chair Danaher supported instituting a well-designed leak adjustment policy. Commissioner Segal discussed staff remarks related to homeowner insurance and whether that was applicable in the case of a water leak. There was a comment from the audience that homeowner’s insurance typically would not cover the cost of water associated with the leak. ACTION: No action. BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 1 A. BILLING UNITS All metered billing units used for billing purposes shall be determined to the nearest whole unit. Such units may include, kW, kWh, kVA, kVar, hp, Therms, and/or ccf. B. PAYMENT OF BILLS CPAU issues bills to its Customers on a regular interval. Bills shall be deemed received upon physical or electronic delivery to Customer, or three calendar days following the deposit of the bill in the United States Mail to the Customer’s billing address. Bills for CPAU Services are due and payable 20 calendar days following issuance of the bill statement. Bills unpaid after the 20 day period are considered delinquent (“past due”). If a Customer’s payment is not received by CPAU after 25 days of bill issuance, the outstanding balance will be assessed a late payment Charge. For the convenience of Customers there are a number of ways to pay CPAU bills: 1.By enclosing the bill stub and check and mailing to: CPAU, P.O. Box 10097, Palo Alto, CA 94303-0897. 2.By enrolling in the Utilities Bank Draft Program. Payments will be drafted from a Customer’s designated checking or saving account and automatically applied to the Customer’s Utility Account for each current Billing Period. 3.By paying in Person at the Civic Center, Revenue Collections, 1st Floor, 250 Hamilton Avenue, Palo Alto between the hours of 8:00 a.m. and 4:30 p.m. The City offices are closed on alternate Fridays. Customers should call 650-329-2317 to ensure the office is open. Credit card payments are accepted at Revenue Collections. Customers should call to see which credit cards are accepted. Customers can pay delinquent bills with a credit card by phone by calling the Utility Customer Service Center during business hours. 4.By depositing the payment in the walk-up Night Depository Box in the front of the City Hall building on the Civic Center Plaza, or at the drive-up Night Depository Box in the Civic Center Garage, on “A” Level. 5.By paying online through the “My Utilities Account” application, accessible from the ATTACHMENT C BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 2 Utilities’ website. Payment through the “My Utilities Account” may be made by credit card or by bank draft. 6. By enrolling at a financial institution or service company that can provide electronic payments to CPAU on behalf of the Customer. 7. By Property Managers completing a “Revert to Owner (RTO) Agreement” in order to maintain utility service to units during the interim period between tenants. C. BUDGET BILLING PAYMENT PROGRAM The Budget Billing Payment Program establishes equalized monthly payments and is available to all Residential Customers who qualify as set forth below: 1. Customers may join the Budget Billing Payment Program at any time providing the Customer Account balance is zero and the Customer has not been previously removed from the Budget Billing Program for non-payment. 2. A Customer electing to utilize the program shall agree to make monthly payments based on CPAU’s forward estimate of the Customers’ Charges for the subsequent twelve-month period. 3. CPAU does not guarantee that the total actual Charges will not exceed, or be less than, its original estimate. Customers should review their Account on an ongoing basis and request changes to the budget billing amount in response to changes in their household usage. CPAU may require that Customers pay a revised monthly amount as a condition to continuing participation in the plan, if CPAU determines that substantial changes in Customer usage patterns or consumption has occurred. 4. CPAU will perform an annual true-up on Customer Budget Billing Accounts every twelve months. This will result in either a Customer credit for CPAU over-collection or an outstanding balance due from the Customer for under-collection by CPAU during the prior twelve months. D. DISCONTINUANCE OF BUDGET BILLING BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 3 The Customer’s Budget Billing Payment Program shall remain in effect, subject to review of the monthly payment amount, and shall terminate when: 1. The Customer notifies CPAU to terminate participation in the Budget Billing Program; 2. CPAU notifies the Customer of the termination of its Budget Billing Payment Program: 3. The Customer no longer takes Service at the Premises; or 4. The Customer owes an amount of two or more monthly payments. However, if the Customer eliminates the delinquency, removal from the program will not occur. Upon termination of either Utility Service or participation in the Budget Billing Payment Program, any amount owed by the Customer for actual Charges shall immediately become due and payable or any amount due to the Customer shall be refunded or credited. E. INSUFFICIENT FUNDS FOR PAYMENT 1. A Service Charge will be made and collected by the City of Palo Alto for each check returned by a bank to CPAU for the reason of insufficient funds in accordance with Rate Schedule C-1. 2. Unsuccessful Bank Drafts due to insufficient funds will be subject to late payment fees in accordance with Rate Schedule C-1. F. PRORATION OF BILLS 1. Bills for Utility Services will be prepared for each Billing Period in accordance with the applicable Rate Schedules or CPAU contract applicable to the Premises served. 2. Proration is intended to produce a uniform average unit cost for the commodity regardless of the number of days in the Service period. Services will be prorated if the number of actual Service days differs from the number of days in the applicable Billing Period. Electric Demand (kW) and Electric Power Factor Charges will not be prorated. Proration will not occur for those Rate Schedules that contain Meter fees, connection fees, deposits, and other miscellaneous fees. BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 4 3. If Rate Schedules change during the Billing Period, Charges will be prorated on the basis of the number of days covered by the previous Rate Schedule and the number of days covered by the new Rate Schedule. G. DELINQUENT BILLS AND LATE PAYMENT CHARGES 1. Utilities Charges incurred in the applicable Billing Period are due and payable by the “Due Date” indicated on the front of the bill statement. Bills unpaid by the due date are delinquent and a late payment Charge will be added to the outstanding balance as specified in Rate Schedule C-1. 2. Residential and commercial Accounts having unpaid balances older than 180 days shall be subject to collection action by the City. Collection action may result in notifications to credit reporting agencies. 3. Late payment Charges may be suspended by CPAU if the Customer is withholding full or partial payment pending final resolution of disputed bill. The late payment Charge may be waived by CPAU based upon the ultimate resolution of a disputed Charge. 4. Full or partial payments towards outstanding balances will be applied to the oldest outstanding Charges. Failure to pay outstanding balances will result in late fees and termination of Service for non-payment. 5. In the event that a Customer donating to the ProjectPLEDGE Program has a delinquent bill, the late Charge percentage will not be applied to the amount of the Customer’s pledge. However, the Customer’s participation in ProjectPLEDGE will be discontinued after three consecutive Billing Periods in which the Customer has not included their pledge amount in the bill. 6. Customers whose Utility bills include payments of principal and/or interest on loans from CPAU which are secured by deeds of trust on real property shall be charged a late payment Charge when any current Utility bill includes an unpaid installment on such loan from a prior bill. Nothing in this Rule and Regulation shall be construed to alter in any way the duty of the Customer to pay any installment on a loan from CPAU when due, or to alter the rights of CPAU to enforce the payment of such installments. BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 5 H. DISPUTED BILLS If bill accuracy is questioned or disputed by the Customer, Customers shall request an explanation from CPAU within the current Billing Period or as soon as reasonably possible. After reviewing the disputed bill, CPAU will: 1. Issue a corrected bill to the Customer or reflect the correction on the bill in a subsequent Billing Period. 2. Determine if an amortization period (“payment arrangement”) for the Charge-in-question shall be provided by CPAU. If a payment arrangement is offered by CPAU and agreed to by the Customer, Utility Services will not be discontinued for nonpayment while the Customer complies with the payment arrangement for the “past due” balance , and subsequent Utilities bills are paid on time during the payment arrangement period. 3. Advise the Customer that the bill is correct as presented. The Customer may choose, at the Customer’s option, to have the Meter removed for testing under the Provisions of Rule 15 “Metering” and payment of the applicable fee found in Rate Schedule C-1 “Exchange Meter for Accuracy Test”. I. METERED SERVICE BILLING ERRORS AND ADJUSTMENTS 1. Where a Customer has been undercharged or overcharged for metered Service, the date and cause of which can be reliably established by CPAU, the retroactive billing adjustment (back bill or refund) shall not exceed three years. The maximum bill adjustment for undercharges shall be $500 per Account, per incident. 2. When, as a result of either a CPAU or a Customer-initiated accuracy test, an Electric or Gas Meter is found to register more than two percent (2%) fast or a Water Meter is found to register more than one and a half percent (1.5%) fast, CPAU will refund the Customer the overcharge based upon the corrected Meter readings for the period the Meter was in use, or three years, whichever is less. Any applicable late payment will be waived. 3. When, as a result of an accuracy test, a Customer’s Electric or Gas Meter is found not to register or to register more than two percent (2%) slow, or a Water Meter is found not to register or to register more than one and half percent (1.5%) slow, CPAU may bill the Customer for the undercharge base on an average bill. The bill will be computed based on BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 6 an estimate of the Customer’s consumption during a prior month in the same season or on the consumption in the same period of the prior three years. 4. When a billing or consumption problem has been investigated and verified, CPAU will attempt to notify the Customer within 30 working days , or a reasonable amount of time, depending on the complexity of the error. J. UNMETERED SERVICE BILLING ERRORS AND ADJUSTMENTS Where a Customer has been undercharged or overcharged for unmetered Service, the date and cause of which can be reliably established where a customer has been undercharged or overcharged, the retroactive billing adjustment (back bill or refund) shall not exceed three years. K. THEFT OF SERVICE Where there is evidence that meter tampering or theft of Utility Service has occurred, CPAU will retroactively bill, and collect any underpayment or nonpayment of Charges as well as any labor or material costs related to investigating the theft and making any required corrections. The applicable period to assess Charges shall commence from the date it can be reasonably established the theft began to the date in which the underpayment was discovered and initially established. The labor and material costs related to investigating the theft will be calculated in accordance with Utility Rate Schedule C-1 and/or any other applicable Utility Rate schedules. All underpayments or non- payments shall become immediately due and payable. Customers committing theft of Utility Service may also be subject to legal action pursuant to Rule 1, California Penal Code sections 487,496, 498, 591, 592, 593 and California Civil Code sections 1882 through 1882.6. Customers billed for theft of service can dispute the charges by following the process described in Rule and Regulation 11.H. If that process does not resolve the matter, customers billed for theft of service may, within thirty (30) calendar days, request (by telephone, in writing, or in person) an administrative hearing. If a hearing is requested, the city manager or his designee shall schedule a date and time for said hearing as soon as possible after the request is filed, but no later than ten (10) business days after the filing of such request for hearing. At the hearing, the customer billed for theft of service may offer evidence in person or in the form of a written statement, setting forth the reasons why the customer believes the determination of theft is BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 7 incorrect. Utilities personnel shall also be allowed to offer whatever evidence they may have as to why they have established the customer engaged in utilities theft. The city manager or his designee shall make a determination as to whether the customer is liable for the charges for theft of service. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 8 BILLING, ADJUSTMENTS AND PAYMENT OF BILLS RULE AND REGULATION 11 L. WATER LEAK ADJUSTMENTS It is the Customer’s responsibility to maintain their lines and equipment in a reasonable condition such that leaks do not occur. Unintentional Water loss caused by broken or damaged plumbing fixtures, pipes or irrigation equipment can result in greater than normal bills for Water and Wastewater Services. The General Manager of Utilities, or delegate, may approve Water billing adjustments for Customer’s Water and Wastewater Accounts (when Wastewater charges are based on Water consumption) under the following conditions: 1. Customers who have discovered and repaired a Water leak on their Premises may apply for a Water and/or Wastewater bill adjustment, as applicable, by requesting and downloading from the Utility website a Leak Adjustment Application form and submitting it to the General Manager of Utilities within 60 days from the bill’s due date for the period in which the Water leak occurred. 2. Leaking systems must be repaired before the Customer seeks a bill adjustment, to ensure future bills are not impacted by the same leak. Shutting off the source of the leak is not considered a repair. Undetermined or general high water consumption is not eligible for adjustment. 3. Utilities Department staff must be permitted by the Customer to visually inspect the repair and verify that repairs have been completed. If repairs were completed by a third party, Customer receipts may be accepted in lieu of a visual inspection by Utilities Department staff. 4. Water leaks may occur over multiple billing periods. Water and Wastewater bill adjustments are time-restricted to two consecutive Utilities billing periods. 5. Customers are restricted to one Water and/or Wastewater leak-related bill adjustment in each 36 month period. 6. The 36 month period begins on the billing date following the period covered by the Leak Adjustment Application. 7. Calculation of leak volumes will be made using averages for the billing period(s) based on the prior three years of the Customer’s historical consumption. Leaks will be defined as the volume of water greater than 100% of normal consumption compared to the historical consumption. Leaks will be calculated using the applicable meter readings based on the Commodity Rate on the applicable Water Rate Schedule. Leak volumes and charges will be first subtracted from the higher tiered Commodity Rates, then, if necessary, from lower tiered Commodity Rates. The maximum Water leak bill adjustment will be $500 per application. CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective x-xx-xxxx Sheet No 9 BILLING, ADJUSTMENTS AND PAYMENT OF BILLS 8. Wastewater bill adjustments related to Water leaks will be made based upon the adjusted Water volume, and are not included in the $500 Water leak billing adjustment limit. 9. Utilities User Tax (UUT) adjustments will be based upon the adjusted Water volume and are not included in the $500 Water leak billing adjustment limit. 10. Decisions regarding leak-related Water and Wastewater billing adjustments, including eligibility and leak volume calculations, will be determined by the General Manager of Utilities, or designee, and are final. M. REFUSE BILLING ERRORS, DISPUTES AND ADJUSTMENTS 1. Adjustments to the Refuse bill shall be requested to the City’s Collector. Customers with adjustments unresolved by the City’s Collector, may dispute their claim with the City’s Public Works Department, Refuse. Billing adjustments will be resolved by following the City’s Rules and Regulations, Chapter 5.20 of the Palo Alto Municipal Code and specific regulations promulgated by the City Manager pursuant to the authority established in Chapter 5.20. 2. When an error in billing has occurred, the date and cause of which can be reliably established where a Customer has been undercharged or overcharged, the retroactive billing adjustment shall not exceed three years. (END) NOT YET APPROVED 171021 jb 6054031 Resolution No.____ Resolution of the Council of the City of Palo Alto Amending Utilities Rule and Regulation 11 (Billing, Adjustments and Payment of Bills) R E C I T A L S A. Pursuant to Chapter 12.20.010 of the Palo Alto Municipal Code, the Council of the City of Palo Alto may by resolution adopt rules and regulations governing utility services, fees and charges. B. On July 12, 2017 the Utility Advisory Commission received public comments regarding billing policies related to water leaks, and on November 1, 2017 the Utilities Advisory Commission recommended that the Council of the City of Palo Alto adopt a resolution amending Utilities Rule and Regulation 11 (Attachment D). C. The amended Rule 11 includes a new procedure for requesting water leak adjustments, deletes references to natural gas leaks as inapplicable in this context, and updates the City’s billing adjustment policies for accounts impacted by incorrect meter or billing system data. The Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rule and Regulation 11 (Billing, Adjustments and Payment of Bills) is hereby amended as attached and incorporated. Utility Rule and Regulation 11, as amended, shall become effective Month XX, XXXX. SECTION 2: The adoption of this resolution amending Utility Rules and Regulation 11 (Billing, Adjustments and Payment of Bills) is not a project requiring California Environmental Quality Act (CEQA) review, under California Public Resources Code Section 21065 and CEQA Guidelines Section 15378(b)(5), because it is an administrative governmental activity which will not cause a direct or indirect physical change in the environment. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ____________________________ Assistant City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services ATTACHMENT D Page 1 of 2 3 MEMORANDUM TO: UTILITIES ADVISORY COMMISSION FROM: UTILITIES DEPARTMENT DATE: November 1, 2017 SUBJECT: Recommendation that the Utilities Advisory Commission Recommend that the City Council Approve the 2018 Update of the Utilities Legislative Guidelines ______________________________________________________________________________ REQUEST Staff requests that the Utilities Advisory Commission (UAC) recommend that the City Council approve the 2018 update to the Utilities Legislative Policy Guidelines. BACKGROUND The utility industry is a high-profile and heavily regulated industry subject to continuous legislative action at both the state and federal levels. Such legislation can influence, among other things, commodity procurement practices, customer service, program design, rate design, and activities and costs associated with climate protection. Representatives of the City (appointed and elected officials and staff) participate in Federal and State legislative forums to advocate on utilities-related issues. The City also participates in joint action efforts to support goals and objectives shared by other publicly-owned utilities. At the state level, hundreds of bills focused on the utility industry can be introduced each year. The number of bills introduced, the pace at which bills change and new language is negotiated, and the speed at which bills can be placed for a legislative vote requires staff and elected officials to respond quickly if the City is to have any influence on the resulting legislation. Often, a response to an amended bill is required in a matter of a day or two. These timing constraints preclude a return to the UAC and Council for approval each time a response is required. Therefore, staff annually develops a document identifying guidelines to be applied when evaluating and responding to legislation. While the guidelines are used by staff for evaluating legislation, any advocacy positions taken in alignment with these guidelines will be subject to the approval of the Assistant City Manager/Utilities General Manager or his designee. Although it is impractical to return to the UAC for approval each time staff wishes to act in a timely, sometimes, very quick manner, the issues under debate are known to the UAC and Council through their participation in legislative committee meetings and updates from the City Manager, the Assistant City Manager/Utilities General Manager, and City staff. Formal letters responding to utilities-related legislation will be distributed to the UAC and Council. DISCUSSION The proposed 2018 Utilities Legislative Guidelines have been updated to reflect how staff can interact best with any utilities-related issues that could affect the City. Attachment A shows the proposed revised guidelines. The UAC will note that this document reflects guidelines· only, without noting specific issues as has been done in years past. This is so for two reasons: (1) it is impossible to accurately reflect in a static document every possible future issue that might arise, and (2) if such an attempt were made, the absence of an item that appears as a legislative issue could be construed as an unwillingness to act, while the inclusion of an item that does not arise renders the document cluttered and confusing. In sum, this format provides staff limited flexibility in potentially addressing any issue that could arise. As in prior years, the UAC will determine the guidelines with which staff acts, and the Assistant City Manager/Utilities General Manager continues to maintain oversight of staff's actions. Attachment B provides a summary of key legislation from 2017. In the presentation, staff will review legislative highlights from the current year and speak to probable items for next year. Staff returns to the UAC annually with an update to the guidelines; Staff therefore proposes that, if adopted, the 2018 guidelines remain in effect from the date of Council's adoption until the next approved update. RESOURCE IMPACT There is no direct resource impact associated with adoption of the proposed legislative guidelines. However, actions taken that support the efficient use of the City's assets and resources will help control costs, implement the Council's policies and goals, and protect the interests of utility customers. ENVIRONMENTAL REVIEW The UAC's consideration of the legislative guidelines does not meet the California Environmental Quality Act's definition of a "project" under Public Resources Code Section 21065. ATTACHMENTS A. Proposed 2018 legislative Guidelines B. Summary of Key 2017 Legislation PREPARED BY: REVIEWED BY: DEPARTMENT HEAD: HEATHER DAULER, Senior Resource Planner Me BZsistant Director, Utilitie\1_ EDSHIKADA Assistant City Manager/Utilities General Manager Page 2of2 Utilities Legislative Policy Guidelines – 2018 update ATTACHMENT A Approved by City Council on December XX, 2017 Utilities’ Legislative Policy Guidelines: 2018 Update City of Palo Alto Utilities Department (CPAU) staff will use the below guidelines as well as the City’s guidelines to help determine any advocacy position or action on Utilities-related issues. Formal advocacy requires the approval of the Assistant City Manager/Utilities General Manager or his designee. 1. Seek to preserve local government flexibility, discretion, accountability, and oversight of matters impacting utility programs, services, and rates. Oppose action that could reduce the authority or ability of local government to determine how best to effectively operate local programs, services, and activities. 2. Where possible, seek funding and program incentives. 3. Advocate for reasonable government action with minimal customer impact that allows for flexibility and implementation feasibility. 4. Advocate for locally-designed conservation or efficiency programs. Support reasonable State conservation or efficiency requirements that consider local populations, environment, and resources. 5. Inform state and federal policymakers about CPAU’s current programs, services, goals, and reporting requirements. 6. Oppose unnecessary, unreasonable, impractical, or costly rates or mandates. 7. Collaborate with and support the efforts of regional agencies and associations whose goals align with ours. 8. Advocate for fair cost allocation and support the principle of beneficiary pays. 9. Support efforts to maintain or improve the security and reliability of our infrastructure. 10. Support government action that cost effectively reduces greenhouse gas emissions. 11. Promote locally-designed residential and commercial electrification programs. 12. Support government action allowing CPAU to maintain customer confidentiality. 13. Educate key accounts about significant policy actions that could affect their business. Summary of 2017 Utilities-related legislation ATTACHMENT B Water SB 623 (Monning): Imposes a temporary water fee onto all customers (with exceptions) of a public water system. Fees depend of the size of the meter. Funding flows to the water systems of disadvantaged communities. Two year bill. SB 606 (Skinner) and AB 1668 (Friedman): Both bills impose requirements on water shortage planning and water loss reporting for urban wholesale water suppliers. Both failed; might be taken up in 2018. AB 18 (Eduardo Garcia): Places on the June 2018 ballot a bond measure. If approved by the voters, authorizes the issuance of $3.5 billion in GO bonds to finance a clean water, climate, and coastal protection and outdoor access for all program. Failed; SB 5, its counterpart, passed. SB 5 (De Leon). Places on the June 2018 ballot a bond measure, authorizing $4 billion in bonds to finance a drought, water, parks, climate, coastal protection, and outdoor access for all program. Signed into law. AB 196 (Bigelow): Specifies that water pump and water distribution systems are eligible for GHG Reduction Fund money. Failed. SB 210 (Leyva). Requires grant funding priority be given to drinking water projects for schools that have tested their drinking water fixtures, and the results show that the water either does not meet federal lead standards or is above the California maximum contaminant level for any othercontaminant. Substantially amended to become a non-utlity bill. SB 427 (Leyva): Makes clarifying changes to help implement last year’s SB 1398 regarding lead service line identification and replacement requirements. Signed into law. GHG and Energy AB 79 (Levine): Requires the ARB to update its methodology for the calculation of emissions of GHG associated with electricity from unspecified sources. Requires POUs to incorporate the methodology into programs addressing the disclosure of the GHG emissions (power content labels) and electricity procurement. Vetoed. SB 338 (Skinner): Requires Palo Alto and some other municipal utilities to consider, as a part of the IRP process, the role of existing renewable generation, grid operational efficiencies, energy storage, and distributed energy in helping to meet peak energy and reliability needs, while reducing the need for new generation and new transmission. Signed into law. SB 100 (De Leon): Sets state policy for eligible renewable energy resources and zero-carbon electric resources to supply all electricity in the state no later than December 31, 2045. Increases the Renewables Portfolio Standard requirement from 50% by 2030 to 60%. Failed. AB 1405 (Mullin): Requires POUs to consider, as a part of the IRP process, the role of a variety of energy technologies and resources in meeting energy and reliability needs during and around the hour of peak demand while reducing the need for new generation and transmission resources. Failed. Utilities Legislative Report | 2 2 SB 71 (Wiener): Requires the CEC, prior to adopting rooftop solar energy generation system requirements, to issue findings by climate zone jointly with the Department of Housing and Community Development as to whether adoption of the requirements will or will not unreasonably or unnecessarily impact the affordability of housing for Californians. Failed. SB 356 (Skinner): Requires electric and gas utilities to provide to the owner of 2 or more buildings on a single or adjacent parcel with 5 or more active utility accounts, upon request, aggregate energy usage data for the buildings. Failed, will become a two year bill. AB 1070 (Gonzalez Fletcher): Requires state agencies to make available a "solar energy system disclosure document" for solar energy customers, compile an annual report documenting consumer complaints relating to solar contractors and, develop standardized inputs and assumptions to be used in the calculation and presentation of electric utility bill savings to a consumer. Signed into law. Other AB 1184 (Ting). As amended, requires the ARB, by January 1, 2019, to submit to the Legislature a report on the operations of its vehicle incentive programs and to include information about zero-emissions vehicles. Failed. AB 797 (Irwin): Extends the current Solar Water Heating program, set to expire in August. Changes the language from “water heating” to “solar thermal.” Signed into law. SB 231 (Hertzberg): Defines “sewer” for purposes of Prop. 218, to allow local governments to fund stormwater systems via fees adopted via the majority protest process already in place for water, sewer and refuse projects, rather than requiring stormwater fees to be approved by voters in an election. Signed into law. AB 1414 (Friedman): Lowers a cap on local government permit fees for rooftop solar energy systems and extends the cap to cover solar thermal systems; allows local governments to charge higher fees if the cost is justified. Signed into law. SB 49 (De Leon): Prevents state and local agencies from amending or revising rules implementing a Water Quality Control Act, the Safe Drinking Water Act, and other acts to be less stringent than baseline federal standards. Creates a legal pathway for enforcement. Failed. SB 649 (Hueso): Provides that small cells are a permitted use in all public right-of-way and utility easements in residential areas, subject to some restrictions. Wireless companies must comply with an electric POU’s safety, reliability, and engineering policies. Doesn’t change the current legal rules and compensation structure as they relate to utility poles, with exceptions. Vetoed. Federal hydro relicensing reform efforts: S.1460 (Murkowski R-AK): The Energy and Natural Resources Act of 2017 (reintroduced from last year) and H.R.3043 (McMorris Rodgers R-WA): Hydropower Policy Modernization Act of 2017. • Both bills designate FERC as the lead agency to coordinate reviews and licensing. • H.R.3043 was passed from its last committee; negotiations continue. Utilities Legislative Report | 3 3 • S.1460 could receive a floor vote, but the Senate has other pressing issues to take up first and as the author voted against the healthcare bill, she may face backlash on this bill. Page 1 of 10 5 MEMORANDUM TO: UTILITIES ADVISORY COMMISSION FROM: UTILTIES DEPARTMENT DATE: November 1, 2017 SUBJECT: Discussion of Proposed Distributed Energy Resources Plan RECOMMENDATION This is an informational report. UAC approval is not sought at this time. Staff is seeking input on the proposed Distributed Energy Resources (DER) Plan provided in Attachment A. EXECUTIVE SUMMARY DERs are electrical energy resources connected to the City of Palo Alto Utilities (CPAU ) electric distribution grid that can significantly change the location, timing, and magnitude of the CPAU’s electric loads. The California Public Utilities Code 769 defines “distributed resources” as distributed renewable generation resources such as solar photovoltaics (PV), energy efficiency (EE), energy storage (ES), electric vehicles (EV), and demand response (DR) technologies. New State guidelines from the California Energy Commission (CEC) require that DERs be incorporated into the 2019 Electric Integrated Resource Plan (IRP) as they impact supply planning and could even be used to offset some of the services traditionally provided by utility-scale electricity generation resources. As of 2017, the combined effect of DERs (primarily energy efficiency and PV) has been to reduce CPAU’s net electricity demand by 6.9% relative to 2007, and staff expects the cumulative reduction from DERs to reach 13.6% by 2030. The proliferation of DERs over the coming decade means managing and leveraging DERs will be critical for Palo Alto’s utility system operations, resource planning, and customer programs. The proposed DER Plan in Attachment A organizes various DER-related initiatives currently planned or underway into a single plan in order to capture various types of benefits and coordinate effort wherever possible. It is consistent with current Council-approved policies and programs related to EE, PV, EVs, ES, DR, and electrification. The DER Plan was developed in coordination with the Utilities Strategic Plan (USP) initiative currently underway, and will also be incorporated within the Electric Integration Resource Plan (IRP) being developed in order to plan for the City’s long-term electricity needs and fulfill state regulations related to Senate Bill 350 (SB 350). This report is structured as follows: 1) background on DER work to-date; 2) the objectives and strategies in the proposed DER Plan; and 3) an overview of the timeline and resources required to implement the Plan over the next five years. Page 2 of 10 BACKGROUND The Clean Energy and Pollution Reduction Act of 2015 (SB 350) and related regulations require CPAU to develop a detailed IRP which should include both forecasts for DERs and their impacts on electric loads.1 This new emphasis on DERs from the State level is because multiple state agencies see DERs as key enabling technologies to both lower greenhouse gas emissions (GHG) and to help electric grid reliability with increased penetration of intermittent renewable energy supplies.2,3 Locally, CPAU considers energy efficiency and demand reduction as the highest priority resource 4 and Palo Alto’s Sustainability and Climate Action Plan (S/CAP)5 also identified several DERs as key technologies for achieving the community’s greenhouse gas (GHG) emission reduction goals, particularly EVs , high-efficiency heat-pump water heaters (HPWH), and heat- pump space heaters (HPSH) which displace fossil fuel combustion. Well-integrated DERs could offer a number of benefits to the Palo Alto community by reducing supply costs, deferring distribution system upgrades, and increasing system resiliency and flexibility. On the other hand, unmanaged DERs could increase costs for CPAU by increasing uncertainty and forecast errors in the electric load-supply balance or by causing adverse impacts on the distribution system. The goal of this proposed DER Plan is to provide a framework for mitigating the potential downsides of DERs while leveraging the benefits for all members of the Palo Alto community. The proposed DER Plan is consistent with and/or feeds into the following initiatives currently in effect or underway as shown in Figure 1. This DER plan does not supersede existing plans, instead it is a supplemental document which includes DER issues which were not specifically addressed. • Local Solar Plan (2014) • Electrification Work Plan (2015) • Energy Storage Assessment (2017) • Updated Ten-Year Electric Efficiency Goals (2017) • Electric Integrated Resource Plan (2018) • Distribution system assessment to accommodate DER growth (2018) • AMI installation and evaluation of advanced rate structures (in progress) • Adopting industry best practices to facilitate DER adoption and integration (on-going) 1 For the full IRP guidelines related to SB 350 see California Energy Commission: Publicly Owned Utility Integrated Resource Plan Submission and Review Guidelines, September 5, 2017 2 The California Independent System Operator (CAISO) is the transmission system operator for most of California, and its presentation on how DERs can help the integration of high penetration of intermittent renewables can be found here: Renewable Integration, CAISO Presentation May 12, 2017. In addition the California Public Utilities Commission (which regulates Investor Owned Utilities) has been working on a DER Action Plan for California. 3 Local renewables and flexible loads will not lower annual CPAU GHG emissions since CPAU’s electric supply is 100% carbon neutral on an annual basis; however, these resources could lower CPAU’s hourly GHG emissions by shaping electricity demands to match when intermittent renewable resources are available. DERs such as EVs, HPWHs, and HPSHs, which displace combustion of gasoline and natural gas, have even greater potential to reduce GHG emissions in Palo Alto due to CPAU’s carbon neutral electric portfolio. 4 Long-term Electric Acquisition Plan (LEAP) Objectives and Strategies Approved March 7, 2011 (Resolution No. 9152) 5 Palo Alto S/CAP Report to Council (#6754), April 18, 2016 Page 3 of 10 Figure 1: Proposed DER Plan is consistent with planned and existing DER initiatives It is important to note that CPAU already expends considerable resources promoting DERs in Palo Alto, with energy efficiency programs currently requiring the most resources. An estimate of CPAU staff time and annual budget in implementing each of the current DER technology programs is outlined below in Table 1. Table 1: Estimate of current staff time and annual expenditure on each DER technology DER Technology Staff Time (FTE) Current Annual Expenditure PV 1.5 $100k EV 1 $200k – $400k EE 4 $3M – $4M DR 0.05 $5k – $10k ES 0.1 None HPWHs & HPSHs 0.7 $100k Total 7.35 $3.4M – $4.6M The adoption of a DER Plan by itself will not significantly change the current resource allocation among the existing DER programs, as many efforts in the Plan can be incorporated into future work plans. Staff expects that the DER Plan policies, when implemented, will result in more effective coordination among City departments on DERs, as well as enable better communication with the Palo Alto community, UAC, City Council, and industry stakeholders regarding future DER programs. Page 4 of 10 DER Projections To -date As of 2017, staff estimates that CPAU’s net electricity demand would be 6.9% higher than it is today if currently installed PV, EV, and EE had not been installed. Initial estimates suggest that DERs, primarily EE, PV, & EV, will lower net electricity demand by another 6.6% from 2017 to 2030, amounting to a cumulative reduction of about 13.6% since 2007. Forecasts predict electricity sales would grow an average of approximately 0.4% per year were DERs not present. Therefore the net effect of load growth and DERs is that overall CPAU electricity retail sales are expected to remain nearly flat from 2017 through 2030, with an overall reduction of 0.6% by 2030. Since DERs are expected to spread rapidly in Palo Alto over the next decade, Table 2 below provides a brief summary of the current and projected number of DER systems, the DER impacts on CPAU’s electricity sales, and a preliminary estimate of the financial impacts of DERs. The details and assumptions embedded in these preliminary analyses are included in Attachment B. These financial impacts are rough estimates of changes in the utility’s revenues and its wholesale electricity supply costs. They do not incorporate possible revenue changes from potential future changes to utility rate structures, nor do they include costs or savings on distribution system operations, distribution system upgrades, staffing, or additional benefits or revenue streams from interactive flexible DERs. More detailed analysis will be required to better project the long-term financial impacts of DERs over the next decade. However, since previous load and financial projections have included impacts from PV, EV, and EE adoption, most of these impacts are already incorporated into the 2017 Electric Utility Financial Plan. Table 2: Estimates of number of DERs and impact on electricity sales for 2017 and 2030 6 Approximate Number of DER Systems Impact on CPAU Electricity Sales (%) Financial Impact on CPAU , $ DER Technology 2017 2030 2017 2030 2017 2030 PV 1,000 2,500 -1.6% -4.9% -$0.8 M -$3.2 M EV 2,500 7 18,700 +0.8% 6.0% $0.4 M $4.3 M EE 8 40,880 60,000 -6.0% -15.2 % -$2.9 M -$9.7 M DR 8 75 - -0.02% - - ES 11 580 - - - - HPWH 10 2,700 - 0.3% - - HPSH - 800 - 0.3% - - Combined DER Total 44,409 85,355 -6.9% -13.6% -$3.4 M -$8.6 M 6 These estimates are calculated based on technologies deployed since 2007, and reflect the total impact observed by 2017, and the estimated impact by 2030. 7 It is estimated that about 2,500 EVs are registered in Palo Alto and another 2,800 commute vehicles drive into Palo Alto daily. 8 These numbers reflect the number of EE measures implemented, for example the number of boilers replaced or the number of buildings which added insulation. Page 5 of 10 In order to understand the impact of DERs on total CPAU electricity sales going forward from 2017, Figure 2 shows the contribution of new DERs to projected electricity sales. This shows that the combined effect of DERs added between 2018 and 2030 is to lower the electricity sales by 6.6% by 2030 compared to what it would have been without those DERs. Without the DERs electricity sales are projected to grow at 0.4% annually, but with the DERs, electricity sales are expected to remain nearly flat through 2030. Figure 2: Estimated contribution of different DERs to total energy sales from 2018 to 2030 Insights from Preliminary Projections With Palo Alto community members projected to make substantial DER investments at their homes and businesses in the next decade, the City, in coordination with community stakeholders, will need to plan and implement strategies to maximize the value of these investments to the community. The utility distribution system and utility rate structures will also need to accommodate the growth of these customer investments. Some other key takeaways from the analyses are: 1) While DERs are expected to account for approximately 13.6% of the electrical loads by 2030, they will be unevenly distributed among customer types as well as by location. Planning for DERs will require more detailed visibility into the operation of the distribution system and more detailed financial impact modeling. 2) Load growth from residential EVs is projected to increase demand on the residential sections of the distribution grid by up to 30% by 2030, and therefore must be proactively managed through strategic programs and incentives. 3) More detailed analytical methods can improve projections of the anticipated growth and financial impacts of DERs to better mitigate negative impacts of DERs and enable the City to realize additional benefits. Page 6 of 10 DISCUSSION The growth of DERs will have a variety of impacts to the electric utility, and therefore DERs must be proactively integrated to ensure utility operational and financial resiliency for the future. While there are already a number of initiatives underway to adapt to the emerging importance of DERs, the goal of the proposed DER Plan is to formalize several of the best practices required to ensure successful adaptation, and to ensure clear communication between work groups especially regarding distribution system planning, supply planning, customer service, operations, rate design, and customer program design. While the analysis to-date has focused on the mitigation and planning required to accommodate high growth of DERs, these technologies also have the potential to provide a number of benefits to CPAU , the CAISO transmission area, and the Palo Alto community, including: • Enhancing CPAU’s system resiliency and reliability; • Reducing peak demand to reduce the cost of transmission and distribution upgrades; • Lowering supply costs by reducing curtailment of renewable projects throughout the CAISO market, including CPAU renewable projects; • Lowering CAISO and real-time CPAU GHG emissions by load shifting, demand response, and flexible demand resources to better match electricity demand to when intermittent renewable resources are available; and • Enabling customers to directly bid their DER capabilities into the wholesale electricity markets (e.g. through third-party aggregators or other mechanisms) to provide new flexible low-cost and low-emission resources for energy and ancillary services, which can help accommodate a higher penetration of intermittent renewable resources and provide alternatives to new utility-scale generator construction. The proposed DER Plan seeks to position CPAU to be able to harness these benefits. In August 2017,9 the UAC provided feedback on staff’s intentions to develop the DER Plan guided by the following principles: 1) Facilitate the operation of DERs in ways that enhance the value to the DER owner as well as the rest of the Palo Alto community; and 2) Staff will act as a facilitator of DERs. This means that: i. Where DERs are cost-effective as an alternative to traditional generation resources or distribution system upgrades, CPAU will create incentives for adoption of DERs; ii. Where DERs are not yet cost-effective alternatives to traditional generation resources or distribution system upgrades, CPAU will facilitate voluntary customer adoption; 3) Ensure that both the electric distribution system and electric utility finances can accommodate DER growth. 9 Developing a Distributed Energy Resource Plan and Load Forecasting Report to UAC - August 2017 Page 7 of 10 These guiding principles have been expanded into the proposed DER Plan in Attachment A, which encapsulates the City policies and actions that staff is proposing to enable beneficial DER integration into the community. The goal, objectives, and strategies of the proposed DER Plan are included in the following section. City of Palo Alto Utilities - Distributed Energy Resources (DER) Plan Goal of the DER Plan: Enhance the value of DERs to all members of the Palo Alto community by using DERs to lower costs, increase sustainability, and increase the resiliency of CPAU while avoiding or mitigating any potential negative impacts from DER growth. Objectives of the DER Plan: 1. Remove internal obstacles to allow greater DER adoption and improve DER value to the entire community. 2. Facilitate the installation and integration of DERs in Palo Alto in order to increase utility resiliency, lower utility costs, and reduce the City’s GHG emissions.10 3. Understand the community’s DER adoption potential and diverse needs and develop DER programs accordingly. 4. Ensure that the utility financial structure and the distribution system can accommodate DER growth. 5. Be innovative in accelerating adoption of cost-effective DER technologies as well as initiating pilots programs for strategic emerging DER technologies. Strategies to Achieve DER Plan Objectives: This section lists key strategies to implement the DER Plan. Details and tactical actions related to each of these strategies are listed in Attachment A. 1. Lower Barriers to Adoption – Lower barriers and reduce soft costs that may impede the adoption and installation of DERs by streamlining processes (such as permitting and interconnection), training local installers, and evaluating and updating fee structures. 2. Resiliency – Coordinate DER integration efforts with efforts to improve community resiliency and evaluate how DER technologies can enhance community resiliency in the future. 3. DER Growth Forecasts and Valuations – Develop and communicate DER growth forecasts and valuations to ensure that all departments have current forecasts, costs, 10 Although CPAU’s electricity supply portfolio is carbon neutral on an annual basis, DERs have the potential to lower the real-time GHG emissions in a number of ways, including load shifting to better match electricity demands to the availability of intermittent renewables. Page 8 of 10 and benefits. Ensure that these projections are integrated into planning processes (such as distribution and financial planning). 4. Customer Programs – Develop pilot programs and incentives to encourage DERs that can provide quantifiable benefits to the electric utility (and therefore to all customers and the entire community). Prioritize those that are the most cost-effective and provide the greatest GHG savings. 5. Advanced Metering Infrastructure (AMI) and Advanced Rate Structures – Implement automated customer metering infrastructure and advanced retail rate structures to effectively manage the DER resources in the community. Examples include evaluating and potentially implementing of Time-of-Use rates as well as rates for EV owners. 6. Distribution System Planning – Develop a distribution system plan to accommodate the adoption of DER growth at the lowest cost while maintaining system reliability to all customers. Examples include evaluating the cost-effectiveness of installing or incentivizing DERs as an alternative to local distribution system upgrades. In this way local DERs could provide benefits to the distribution system while lowering costs for all community members. 7. Electric Supply Planning – Consider DERs as a preferred resource and plan for maximum deployment of cost-effective and feasible DERs within Electric Integrated Resource Plans (IRP). Examples include integrating the forecasts and DER scenarios into short and long- term electric forecasts related to energy, capacity, and ancillary services. 8. Workforce Development and Industry Resources – Leverage existing industry resources to grow in-house staff expertise by pursuing strategic partnerships and participating in industry expert forums. Disseminate knowledge throughout the organization to staff who will be involved with DERs. 9. Organizational Structures – Ensure effective organizational structures are in place to accommodate DER growth by establishing multi-departmental teams to implement the DER Plan and to ensure that the strategies in the DER Plan are integrated into the work planning, staffing, and resource requirements of all the departments and divisions affected. NEXT STEPS Upon receiving UAC input on this proposed DER Plan, staff will incorporate the feedback and seek additional stakeholder input. Staff will then return to the UAC in early 2018 to seek UAC recommendation of the DER Plan for Council approval. Upon Council approval of the DER Plan, staff anticipates returning to the UAC and Council every two years to report on the progress made. The DER Plan will also be incorporated within the Utilities Strategic Plan (USP). It will also be incorporated within the Electric IRP to meet SB 350-related state regulations. Page 9 of 10 RESOURCE IMPACT Approval of the DER Plan in itself will not require additional resources. Many of the strategies and actions in the plan can be incorporated into existing efforts since they are tightly intertwined with ongoing staff work in the areas of energy efficiency, electric vehicles, local solar, and electrification, or integrate with existing financial planning, distribution system planning, and electricity supply planning processes. However, increasing penetration of DERs may introduce additional complexity into the electric utility’s operations, and it is not implausible that additional resources might be needed. If additional staffing needs are identified, approval will be sought as part of the annual budget development and approval process. In addition, in order to realize many of the potential benefits of DERs, CPAU will need to deploy automated metering infrastructure (AMI) and associated smart grid technologies, currently estimated to be in place by 2022. Therefore, the implementation of this DER Plan will be broken into two parts: before AMI deployment (Phase 1), and after AMI deployment (Phase 2) as shown in Figure 3. Figure 3: Phases of DER Plan within the context of the DER adoption curve 11 The resources currently being expended by CPAU staff and contractors to promote DERs are shown in Table 1, above. Table 3, below, provides a preliminary estimate of additional staff time and resources required to implement each of the strategies in the next five years under Phase 1. These estimates will be refined prior to DER Plan adoption, and will be included in the FY 2019 budget if appropriate. The resources required to implement and maintain AMI and related smart grid systems are clearly the largest driver of additional resources and will be further discussed with the UAC and Council within the context of Utility Technology Roadmap 12 in early 2018. 11 This graphic is adapted from a CAISO presentation and displays the walk-jog-run framework 12 Smart Grid Assessment and Development of Utility Technology Roadmap – May 3, 2017 UAC Report Table 3: Est imate of additional effort and budget required to implement DER Plan Additional Strategy Additional Effort (FTE) 2018-2022 Budget($) CY CY CY CY CY CY 2018 2019 2020 2021 2022 2018-2022 1. Lower Barriers for Adoption 0.1 0.1 0 .1 0 .1 0.1 $100-$250k 2. Resiliency 0 .1 0 .1 0 .1 0.1 $20-$60k 3. DER Growth Forecasts & Valuations 0 .1 0.1 $10-$30k 4 . Customer Programs 0 .2 0 .2 0 .3 0.3 0.3 $100-$200k 5. AMI & Advanced Rate Structures 0.5 1 2 2 3 $15-$20M 6. Distribution System Planning 0 .3 0 .3 0.3 0.3 0.3 $100-$200k 7. Electric Supply Planning 8. Workforce Dev elopment & Industry Resources $50-$100k 9. Organ izational Structures 0.1 $25 -$50k Total without AMI Deployment 0.8 0.8 0.8 0.8 0.8 $380-$865k Total including AMI Deployment 1.3 1.8 2.8 2.8 3.8 $15.4- $20.9M POLICY IMPLICATIONS The policies to be adopted i n th is DER Plan have implications for business practices throughout the Utilities Department and implications for the services provided to customers with respect to DERs. They will be coordinated closely with the Utilities Strategic Plan . Thi s DER Plan is consistent with the Sustainability and Climate Action Plan (S/CAP) and the Electric Integrated Resource Plan {IRP) currently under development. ENVIRONMENTAL REVIEW The Utilities Advisory Commission's discussion of the proposed DER Plan does not meet the definition of a project under Pub lic Resources Code 21065 and is therefore California Environmental Qual ity Act (CEQA) r eview is not requ ired . ATTACHMENTS • Attachment A: Distributed Energy Resources (DER) Plan • Attachment B: Technical Addendum for DER Projections PREPARED BY: REVIEWED BY: APPROVED BY: LENA PERKINS, Resource Planner dP SONIKA CHOUDHARY, Resource Planner SHIVA SWAMINATHAN, Senior Resource Planner ~ cr~IN, Assistant Director, Resource Management.fk EDSHIKADA Assistant City Manager/General Manager of Utilities Page 10of10 Attachment A Page 1 of 4 City of Palo Alto Utilities - Distributed Energy Resources (DER) Plan (Draft for Discussion) Definitions For the purpose of this document Distributed Energy Resources (DERs) are defined as electrical energy resources connected to the electric distribution system that can significantly change the location, timing, and magnitude of the City of Palo Alto Utilities (CPAU) electric loads. This includes but is not limited to: distributed renewable generation resources such as solar photovoltaics (PV), energy efficiency (EE), energy storage (ES), electric vehicles (EV), and demand response (DR) technologies, as well as interactive and flexible resources such as EV smart chargers, smart thermostats, heat-pump water heaters (HPWH), and heat-pump space heaters (HPSH). Goal Enhance the value of DERs to all members of the Palo Alto community by using DERs to lower costs, increase sustainability, and increase the resiliency of CPAU while avoiding or mitigating any potential negative impacts from DER growth. Objectives 1. Remove internal obstacles to allow greater DER adoption and improve DER value to the entire community. 2. Facilitate the installation and integration of DERs in Palo Alto in order to increase utility resiliency, lower utility costs for all customers, and reduce the City’s GHG emissions. 3. Understand the community’s DER adoption potential and diverse needs and develop DER programs accordingly. 4. Ensure that the utility financial structure and the distribution system can accommodate DER growth. 5. Be innovative in accelerating adoption of cost-effective DER technologies as well as initiating pilots programs for strategic emerging DER technologies. Strategies 1. Lower Barriers to Adoption – Lower barriers and reduce soft costs that may impede the adoption and installation of DERs by: a. Streamlining permitting and interconnection processes for all DER technologies, training customer service and operations staff on revised processes, and communicating processes to community members and installers. b. Engaging with industry and DER markets to lower hurdles to adoption through programs such as: i. Pursuing bulk-buy programs for PV, EV, EV chargers, ES, HPWH, HPSH, and smart thermostats; if feasible, pursuing bulk buy programs for strategic emerging DERs; ii. Training local contractors in DER technologies, interconnection processes, and permitting processes; iii. Evaluating and potentially implementing on-bill financing programs for DERs; Attachment A Page 2 of 4 c. Regularly updating all fee structures which impact DERs to include the full value of DERs including the value associated with what time of day and year DERs operate, their location on electrical distribution system, their carbon reduction potential, and any secondary benefits attributed to the resource; d. Researching and evaluating removal of CPAU policies which preclude beneficial uses of DERs, such as aggregation for the purpose of bidding into electricity wholesale markets. 2. Increase Community Resiliency – use DERs to increase community resiliency by: a. Evaluating the capabilities of current and emerging technologies to provide the type of resiliency of highest value to the utility and the community; b. Investigating the potential to increase flexibility and technical capabilities of all future and existing DERs on City property, and provide resources for increasing resiliency if deemed feasible; c. Investigating the potential for new large DERs to supply emergency back-up services at City facilities and pursuing projects deemed feasible; and d. Investigating the potential to modify existing customer incentive programs which could provide resiliency as well as investigating the potential to supply additional resources to all customer incentive programs which currently also provide resiliency services. 3. DER Growth Forecasts and Valuations – develop and communicate DER growth forecasts and valuations by: a. Regularly monitoring local growth of DER technologies as well as developing and updating models for growth forecasts based on the technical, economic, and market potential of DERs; b. Establishing and updating costs and values associated with location on the distribution system, time of day and year the DER operates, potential for carbon reduction, value as a renewable supply of energy, and any secondary benefits attributable to the resource; and c. Ensuring consistent projections and valuations are used throughout the organization by communicating DER growth projections to all relevant divisions and departments regularly. 4. Customer Programs – maximize value of DER customer programs by: a. In calculations evaluating cost-effectiveness, developing new incentives and programs, and prioritizing programs include location on the distribution system, time of day and year the DER operates, potential for carbon reduction, value as a renewable supply of energy, and any secondary benefits attributable to the resource; b. Evaluating strategic pilot programs that can serve local distribution system needs, enable customers to achieve additional value by serving CAISO market needs, or lower overall community electric supply and transmission costs, including: i. Control and communication technologies for DERs (e.g. smart inverters to inject capacitive energy from PV into the distribution system); ii. An energy storage pilot program; iii. A DER aggregation pilot to enable customer participation in wholesale electricity markets; and Attachment A Page 3 of 4 iv. A program for automatic or centrally controlled demand response for commercial and residential customers. 5. Advanced Metering Infrastructure (AMI) and Advanced Rate Structures – Implement automated customer metering infrastructure and advanced retail rate structures to effectively manage the DER resources in the community by: a. Assessing the impact of current electrical rate structures on DER operations and exploring cost-justified rate structures that reflect the cost to serve DER-enabled facilities, while seeking ways to structure these rates such that they allow for cost- effective operations, maximize benefits to both the utility and the customer, and do not impede adoption (e.g. Time-of-Use rates, all-electric home rate); b. Ensuring AMI implementation plan includes an evaluation of the costs and benefits of system features necessary for effective integration of DERs (such as the ability to remotely program meters for time-of-use periods); and c. Forecasting the impacts of DERs on the utility’s long-term financial position. 6. Distribution System Planning – Develop a distribution system plan to accommodate the adoption of DER growth at the lowest cost while maintaining system reliability to all customers by: a. Integrating the impact of DERs into long-term distribution system planning and considering the cost-effectiveness of DERs to strengthen distribution infrastructure; b. Performing a Distribution System Assessment at regular intervals that assesses the available capacity for additional DERs throughout the distribution system within the context of planned upgrades and projected DER growth; c. Evaluating the response of the distribution systems for various stresses in the system (e.g. concentrated locational DER growth, sudden loss of local PV generation due to cloud cover, operation of protective relays and fault currents, etc.); d. Evaluating and implementing DER programs that can enhance distribution system reliability after the implementation of AMI; e. Re-evaluate the interconnection fee structure and its impact on sizing electric services to accommodate EVs and all-electric homes; f. Creating an implementation plan for a Conservation Voltage Reduction (CVR) program upon implementation of the AMI system when upgrading the substation transformer controllers; and g. Developing tools and processes to estimate interconnection fees of large DERs as part of the initial permitting process. 7. Electric Supply Planning – Consider DERs as a preferred resource and plan for maximum deployment of cost-effective and feasible DERs within Electric Integrated Resource Plans (IRP) by: a. Integrating the DER growth forecasts and scenarios into short and long-term electric forecasts related to wholesale electricity costs for energy, capacity, and ancillary services. b. Considering the risk of stranding assets due to increased penetration of DERs when evaluating commitments to long-term electric supply resources (i.e., Western contract renewal and/or new renewable power purchase agreements); Attachment A Page 4 of 4 c. Updating as necessary the calculated value of DERs to ensure proper treatment of DERs in avoiding transmission, distribution and ancillary service costs and/or obligations using consistent models of time of day DERs operate, location on distribution system, and potential for carbon reductions; and d. Analyzing potential DER impacts on sub-annual CPAU carbon emissions and mitigation strategies. 8. Workforce Development and Industry Resources – Leverage existing industry resources to enhance in-house staff expertise by: a. Partnering with industry experts when seeking financing and grant opportunities to implement DER programs and pilots; b. Encouraging staff to participate in different industry and expert forums to grow in- house expertise; and c. Developing staff training as needed when implementing programs or processes related to DERs. 9. Organizational Structures – Ensure effective organizational structures are in place to accommodate DER growth by: a. Establishing collaborative multi-departmental teams to implement the DER Plan and to engage with the community and stakeholders effectively (e.g. multi-department sustainability board, utilities DER Plan implementation team, and technology work group); and b. Ensuring that the strategies in the DER Plan are integrated into the work planning, staffing, and resource requirements of all the departments and divisions affected. Attachment B Page 1 of 6 Technical Addendum for Distributed Energy Resource (DER) Projections Initial projections for DER technologies were developed to inform both the proposed DER Plan as well as ongoing work regarding DERs. These projections will be updated as more detailed market assessments are performed. The distributed energy resources considered for the purposes of these analyses were: - Energy Efficiency (EE) - Solar Photovolatics (PV) - Electric Vehicles (EV) - Demand Response (DR) - Energy Storage (ES) - Heat-pump Water Heaters (HPWH) - Heat-pump Space Heaters (HPSH) As shown in Figure 1, projections were developed to address three main areas: 1. DER Adoption Projections: Adoption forecasts for each DER technology. 2. DER Load Impact Projections: Energy used or delivered to the system on an hourly and seasonal basis to determine the impact of DERs on electric sales and load shape. 3. DER Financial Impact Projections: Financial impact to the utility of DER adoption based on the adoption and load impact projections. This analysis considered only the impact to wholesale electric supply costs, and did not include the impact of changes to current rate structures. The detailed assumptions and limitations of each of these projections are discussed in their following respective sections. Figure 1: DER projections and analyses undertaken to-date Attachment B Page 2 of 6 1. DER Adoption Projections Preliminary forecasts of the number of DER systems through year 2030 are shown below in Table 1. The 2030 estimates are highly variable, as they depend on market conditions, technological innovations, and changing regulations, and therefore these estimates could increase or decrease by up to 50%. Table 1: Estimated number of DER systems through 20301 Estimated Number of Systems DER Technology 2017 (current) 2020 2030 PV 1,000 1,300 2,500 EV 2 2,500 5,900 18,700 EE 40,880 45,000 60,000 DR 8 25 75 ES 11 85 580 HPWH 10 200 2,700 HPSH 0 25 800 Assumptions & Limitations: These projections were developed for long-term load forecasting and budgeting purposes. They reflect current realistic estimates of technology adoption rates. The current forecasts do not achieve S/CAP goals by 2030, but staff will be coordinating with the sustainability team to accelerate adoption wherever cost-effective. These forecasts will be updated regularly and staff will continue to collaborate with other departments to support City sustainability goals. - EE: Adoption rates for EE are based on the 10-year Energy Efficiency Goals for 2018-2027 which were updated in 2017.3 For the years 2028 through 2030 the assumed savings are the average of the savings in 2026 and 2027 which is the methodology suggested by the CEC for estimating savings beyond the 10-year goals.4 More details on the EE methodology for market potential can be found in Staff Report 7718 from March 6, 2017. - PV: These projections are based on a technical and economic potential, with adoption growing steadily, with the growth rate itself plateauing as is typically seen in a maturing market. These projections include behind the meter installations in residential and commercial sectors, but do not include a Community Solar installation. These projections also do not include the feed-in tariff installations from the CLEAN program as 1 These estimates represent current base case scenarios. Staff will explore appropriate high and low scenarios in further modeling. 2 This is the total residential EVs currently registered in Palo Alto. There are also EVs which commute into Palo Alto, some of which charge while in Palo Alto and add to CPAU electricity sales. In addition to the residential EVs shown here, there are estimated to be approximately 3,100, 5,900 and 20,000 commuter EVs in 2017, 2020 and 2030 respectively. 3 Although CPAU established our EE goals based on net savings, the energy efficiency savings shown here are on a gross basis (which includes EE savings due to free-ridership). 4 The extension of savings through 2030 is based on the methodology put forth in the CEC presentation September 7, 2017 which can be found here: CEC presentation on Energy Efficiency Savings from Utility Programs. Attachment B Page 3 of 6 these are counted as supply resources and count towards the electric utility’s Renewable Portfolio Standard. - EV: To -date Palo Alto has observed residential EV adoption rates approximately three times greater than the California statewide average, and this rate for residential adoption relative to statewide average projections is assumed to continue to 2030. To estimate the EV adoption rates of commuters into Palo Alto the observed adoption rate from 2017 census data for the entire Bay Area was extended to 2030. - DR: This forecast is based on modest growth of the current voluntary large commercial demand response program. Somewhat more robust growth is expected after AMI implementation in 2023. - ES: This forecast is based on statewide projections for batteries and CPAU electricity rate structures. - HPWH: This forecast is based on historical of PV penetration, market readiness, and CPAU customer program management experience. Based on this forecast, staff projects a natural gas load reduction of up to approximately 1% from HPWH by 2030. - HPSH: This forecast based on historical of PV penetration, market barriers, and CPAU customer program management experience. Based on this forecast, staff projects a natural gas load reduction of up to approximately 1% from HPSH by 2030 2. DER Load Impact Projections Table 2 shows the impact of DERs on CPAU’s energy sales based on the number of systems projected in Table 1. These estimates are also highly variable, as each underlying component could change by as much as 50% by 2030. Moving forward, the combined impact of all these DERs is expected to lower energy sales by 2.2% by 2020 and 6.6% by 2030.5 The net effect of projected DERs coming online after 2017 is to offset other anticipated electricity load growth throughout CPAU territory,6 leading to essentially flat total CPAU system loads from 2017 through 2030. However, a scenario with higher load growth, lower adoption of EE or PV, or higher adoption of EVs could result in an overall growth of electricity sales. Table 2: Estimate of the impact of DERs on CPAU retail energy sales DER Technology 2017 (current) 2020 2030 Contribution to Energy Sales MWh % MWh % MWh % PV -15,000 -1.6% -18,800 -2.0% -45,200 -4.9% EV 7,100 0.8% 14,300 1.6% 54,800 6.0% EE -55,300 -6.0% -78,800 -8.6% -139,200 -15.2% DR 7 - 23 - 200 0.02% ES7 - - - - - - 5 All percentages are relative to Fiscal Year 2017 electricity retail sales. 6 For budgeting purposes the Northern California Power Agency has developed an econometric regression to forecast electric sales from 2018 to 2030 with the current level of DERs (in other words assuming no additional DERs). The CPAU overall system load growth from 2017 is the combination of this econometric forecast and the individual DER forecasts. 7 Batteries and other ES devices may result in either net increased energy retail sales (due to battery losses where commercial customers use batteries to avoid CPAU demand charges) or net decreased energy retail sales (due to increased onsite consumption of behind the meter solar). For the purpose of these analyses these two effects are assumed to be roughly the same magnitude and therefore ES systems are not considered to have any net effect on Attachment B Page 4 of 6 HPWH 9 - 190 0.02% 2,500 0.3% HPSH - - 90 0.01% 2,800 0.3% Combined DER Impact: from 2007 -63,200 -6.9% -83,000 -9.1% -124,000 -13.6% Combined DER Impact: from 2017 - - -19,700 -2.2% -60,900 -6.6% CPAU Overall System Load Growth from 20178 - - -3,200 -0.3% -6,900 -0.8% Figure 2: Projected impact of DERs on annual electricity sales from 2018 through 2030 Another important aspect of DERs is their ability to potentially flatten overall peak demand, especially due to PV and DR. The impact of the projected DERs on a peak summer day in 2030 is illustrated in Figure 3, showing that the combined effect is to flatten the overall load shape and lower the peak demand. This overall flattening of peak demand is anticipated to increase the overall system annual load factor from 62% in 2016 to 70% in 2030.9 A higher load factor and flatter loads tend to lower overall CPAU costs. energy sales. 8 Going forward from 2017 the total CPAU load is forecasted to grow at roughly 0.4% per year if no more DERs were added to the system. With the addition of new DERs, the total CPAU load is projected to decrease by roughly 0.8% from 2017 electricity sales by the year 2030. 9 Annual Load Factor is a measure of transmission and distribution system utilization and is defined as the ratio of average annual energy load to the peak annual energy load. A high load factor means that system capacity is highly utilized, with average annual usage that is not much lower than the annual peak. A low load factor indicates that electric use has a high annual peak relative to annual average usage, meaning that substantial additional Attachment B Page 5 of 6 Figure 3: Potential change in hourly electric loads on a peak summer day (2017 vs. 2030)10 3. DER Financial Impact Projections As of 2017 CPAU’s retail electricity sales are approximately 6.9% lower due to EE, PV and EV adoption to date (as illustrated in Table 2), which equates to a reduction of about $7.8 million in revenues. The corresponding savings related to lower electricity supply purchases is estimated to be about $4.4 million, which has resulted in a net revenue impact of $3.4 million reduction in revenues for the utility compared to if those resources were not present in 2017 (considering only savings in utility electricity supply costs).11 The potential financial impact figures are shown here in order to facilitate understanding of the potential scale of impact from different DERs in the future. The impact of successful EE and PV programs on CPAU is an integral part of utility financial planning and projections.12 DERs projected to come online from 2018 through 2030 are estimated to reduce utility net revenues by $5.4 million, relative to if those DERs did not come online (based on utility supply costs and total revenues alone).13 The detailed contribution by resource is shown below in system capacity is needed to serve that high annual peak, generally resulting in higher costs due to low utilization. 10 HPSH are included on a peak summer day since there is an expectation that heat-pump space heaters will be used as air conditioners on the hottest days. 11 It should be noted that both EE and PV systems lower participants’ electricity bills, and can provide other benefits not captured in this cost estimate. 12 Reduction in revenues can put upward pressure on customer retail rates. However, reduced use of utility energy services due to EE and PV programs as well as other benefits not captured here will tend to lower overall customer utility bills. 13 These estimates are highly uncertain and depend on the relative growth of different DER technologies, market supply costs, and also do not include other potential costs and benefits to the utility. Given the levels of Attachment B Page 6 of 6 Table 3. However, total CPAU net revenues are expected to be nearly flat since these load reductions are expected to be offset by other electricity load growth. Table 3: Estimated impact of DERs on electricity supply costs & revenues from 2017 14 (∆ 𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹)−(∆ 𝑺𝑺𝑹𝑹𝑺𝑺𝑺𝑺𝑺𝑺𝑺𝑺 𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪𝑪)=(∆ 𝑵𝑵𝑹𝑹𝑪𝑪 𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹𝑹) 2020 Estimate 2030 Estimate DER Technology Revenue Impact Supply Cost Impact Net Revenue Impact Revenue Impact Supply Cost Impact Net Revenue Impact PV -$0.6 M -$0.3 M -$0.3 M -$5.2 M -$2.8 M -$2.4 M EV $1.1 M $0.5 M $0.6 M $8.3 M $4.4 M $3.9 M EE -$3.5 M -$1.7 M -$1.8 M -$14.5 M -$7.7 M -$6.8 M Combined DER Impact -$3.0 M -$1.5 M -$1.5 M -$11.5 M -$6.1 M -$5.4 M Well -integrated DERs have the potential to lower electricity supply cost even further, as well as provide other benefits and value streams.15 Staff will be investigating ways of maximizing the value of DERs in order to continue to keep customer retail rates low. uncertainty and potential for technology and market changes, it is entirely possible that the impact on supply costs and utility revenues could vary by more than 50% from the estimates provided here. 14 The impact on supply costs are estimated based on avoided supply costs of 7.4 cents per kWh in 2020 and 9.3 cents per kWh in 2030. The impact on revenues is based on projections of system-wide average retail rates of 15 cents per kWh in 2020 and 17 cents per kWh in 2030. Due to the high-level of uncertainty, only the largest DERs are included in this preliminary estimate on utility financial impacts. 15 Additional value streams that could be garnered from DERs that could lower the reduction of net revenues include: flattening of electricity demand profiles, shaping of electricity demand to better match renewable resource availability, and enabling customer-owned DERs to bid into electricity wholesale markets.