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HomeMy WebLinkAboutStaff Report 2515 City of Palo Alto (ID # 2515) Finance Committee Staff Report Report Type: Meeting Date: 3/20/2012 March 20, 2012 Page 1 of 7 (ID # 2515) Summary Title: Modification of Renewable Portfolio Standard Title: Utilities Advisory Commission Recommendation to Adopt a Resolution Modifying the City of Palo Alto Utilities’ Long-term Electric Acquisition Plan’s Renewable Portfolio Standard Strategy From: City Manager Lead Department: Utilities Recommendation Staff and the Utilities Advisory Commission (UAC) recommend that the Finance Committee recommend that Council adopt a resolution approving the proposed modifications to the Long- term Electric Acquisition Plan (LEAP) related to the Renewable Portfolio Standard (RPS), to read as follows: Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a. Pursuing a minimum level of renewable purchases of at least 33%, with a target of 40%, of retail sales by 2015 with the following attributes: i. The contracts for investment in renewable resources shall not exceed 30 years in term. ii. Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). iii. Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b. Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c. Evaluating a Feed-In Tariff (FIT) Executive Summary The City’s Renewable Portfolio Standard (RPS) is to supply 33% of the City’s electric needs with renewable energy by 2015. However, the City’s RPS policy needs to be slightly modified to be consistent with State law and to clarify whether the 33% target is a minimum, or whether th e City should pursue the maximum amount of RPS resources that can be procured within the 0.5 cents per kilowatt-hour (¢/kWh) rate impact limit. The recommended changes are shown in bold italics in Table 1. March 20, 2012 Page 2 of 7 (ID # 2515) Table 1: Comparison of Existing and Proposed LEA P Strategy Related to RPS Existing LEAP Strategy #3 Proposed LEAP Strategy #3 Renewable Portfolio Standard (RPS) Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a) Pursuing a target level of renewable purchases of 33% by 2015 with the following attributes: i) The contracts for investment in renewable resources shall not exceed 30 years in term. ii) Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). iii) Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b) Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c) Evaluating a Feed-In Tariff (FIT) Renewable Portfolio Standard (RPS) Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a) Pursuing a minimum level of renewable purchases of at least 33%, with a target of 40%, of retail sales by 2015 with the following attributes: i) The contracts for investment in renewable resources shall not exceed 30 years in term. ii) Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). iii) Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b) Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and; and c) Evaluating a Feed-In Tariff (FIT) In this report, staff discusses several possible alternative RPS policy options. Even if the options are not recommended at this time, they may be considered further if the Cit y develops a plan to achieve carbon neutrality for the electric portfolio. Background In April 2011, Senate Bill X1-2 (SB X1-2) extended the state’s RPS mandate to 33% by 2020 for all utilities including the City. All California utilities are now required to meet the new RPS goals of supplying 20% of their retails sales volume with renewable energy for the 2011 through 2013 period, supplying at least 25% by the end of 2016, and at least 33% by the end of 2020 (and continuing every year thereafter). SB X1-2 further establishes three different categories or “buckets” of renewable energy products and sets limits on the degree to which a utility can rely on some categories to fulfill their RPS requirements. (The City’s current RPS policy does not make such a distinction.) The first category (“Bucket 1”), the state’s preferred one, consists of resources located in California that deliver energy and environmental attributes to the purchaser as they are generated. All of the City’s currently operating or contracted RPS resources fall into the Bucket 1 category. “Bucket 2” resources are located out of state and deliver energy and an equal volume of renewable attributes to the purchaser on different timing schedules to ease scheduling burdens. “Bucket 3” resources deliver only the environmental attributes, or Renewable Energy March 20, 2012 Page 3 of 7 (ID # 2515) Certificates (RECs),1 and not the associated energy to the purchaser. Bucket 3 resources are the state’s least preferred variety, but they are also the least expensive. The new law—through Public Utilities Code section 399.30(a)—specifically applies to publicly- owned utilities (POUs) like the City. Although the City’s current RPS target is more aggressive than the state’s requirements, the state RPS law requires the City to formally adopt enforcement language that recognizes certain elements of the new RPS law. In December 2011, Council approved an RPS enforcement program describing how the City will enforce its RPS program in compliance with state law (Staff Report 2225). The approved enforcement program mirrored the minimum requirements of SB X1 -2 in order to minimize the chances of incurring state-imposed penalties. However, the enforcement program is intended only for compliance with state law, and does not preclude the City’s adop tion of more stringent RPS goals, such as it currently has. Palo Alto’s Progress toward Meeting RPS Goals The City uses California’s definition of qualifying renewable resources, which excludes large hydroelectric plants exceeding 30 megawatts. Projects located outside of California are considered qualifying resources, provided that they are located in the Western Electricity Coordinating Council region (i.e., in the western U.S.) and began operating no earlier than January 1, 2005. The City Council has approved long-term contracts for nine in-state renewable resources. Five of these resources are currently delivering renewable energy to the City and four are in the permitting process. The nine contracts are expected to provide energy equal to about 28% of the City’s retail sales volume by 2014. The retail rate impact for the nine committed contracts is about 0.22 ¢/kWh, or a bit less than half of the allowed rate impact. If new renewable energy contracts are executed at current costs for renewable en ergy, staff estimates that an RPS level of about 35% can be achieved without exceeding the 0.5 ¢/kWh rate impact limit. Discussion The adoption of a statewide 33% RPS mandate presents the City with the opportunity to bring its RPS policy more in line with the structure and details of the state policy, as well as to consider a number of other potential changes. Some of these policy questions are addressed below. An RPS Target Based on Retail Sales Volume or Purchase Volume? The state law’s RPS target levels are expressed as a percentage of a Load Serving Entity’s (LSE) retail sales volume (as opposed to its purchase volume), whereas Palo Alto’s current RPS policy language is unclear as to whether the target is 33% of retail sales or 33% of total purchases. 1 Renewable Energy Certificates (RECs), also known as renewable energy credits, green certificates, green tags, or tradable renewable certificates, represent the environmental attributes of the power produced from renewable energy projects and can be sold separately from the electricity commodity. One REC is associated with each MWh of renewable energy generated by registered generation facilities. March 20, 2012 Page 4 of 7 (ID # 2515) Because of distribution system losses and other factors, the volume of an LSE’s retail sales is slightly less than the volume of its total purchases. Therefore, a slightly smaller volume of renewable energy is required to meet a target expressed as 33% o f retail sales than is required to meet a target expressed as 33% of energy purchases. For consistency with the state requirement and regular and customer reporting requirements, staff recommends clarifying the City’s RPS goal to be 33% of retail sales. Set Compliance Period Targets? Given that SB X1-2 includes three compliance periods with unique RPS procurement levels, the question naturally arises whether the City should adopt interim compliance period targets to align its RPS policy more closely with the state law. However, the City’s RPS supply already exceeds the statewide RPS requirement for the 2011-2013 compliance period, and assuming the City achieves its 33% by 2015 RPS target, it will have exceeded the statewide requirements for the second and third compliance periods. Thus, staff feels there is no reason to make the City’s RPS policy more complicated by adding interim RPS targets. RPS Procurement Limited by Reaching the Rate Impact Limit or the RPS Target? The current language in the City’s RPS policy—pursuing “a target level of renewable purchases of 33% by 2015” while “*e+nsuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average”—is unclear as to what should happen when the 33% RPS target is reached if the total average rate impact is less than 0.5 ¢/kWh. Should the City cease procurement efforts once the 33% RPS target is achieved, or should it continue to procure additional renewable energy until the rate impact limit is reached? Although the langu age could be interpreted either way, staff suggests that the 33% RPS level is a target, not a limit, while the 0.5 ¢/kWh rate impact value is clearly a limit and, thus, should be the governing restraint. Staff recommends modifying the RPS policy language to clarify that the goal is to procure at least 33% of its retail sales volume from renewable energy sources, with the 0.5 ¢/kWh rate impact limit serving as the overall restraint on the City’s RPS procurement efforts. Council Members have made a similar point over the past year. Change the Rate Impact Limit? Staff recommends retaining the rate impact limit in its current form, with the 0.5 ¢/kWh rate impact level serving as the restraint on renewable energy purchases. The RPS enforcement policy adopted by Council in December 2011, uses the existing rate impact limit as the cost containment provision for SB X1-2. The cost containment provision is useful to avoid being penalized by state regulators in the event that high renewable premiums would interfere with reaching the state RPS targets by the state deadlines. Establish Guidelines on Use of Renewable Energy Certificates? With the creation of the three renewable energy “bucket” categories under SB X1 -2, the City has the opportunity to establish its own guidelines on the use of these various types of RPS March 20, 2012 Page 5 of 7 (ID # 2515) products for meeting its own RPS target. SB X1-2 allows, but significantly limits, the amount of Bucket 2 and 3 resources a utility may count towards its procurement requirements. The City could take a “gold standard” approach and require that all of its RPS supply be from Bucket 1. Or it could make it official policy to use Bucket 3 RECs only for contingency situations (e.g., if there is a long-term outage at one of its contracted renewable resources, or a delay in the start- up of a contracted resource). Staff recommends preserving operational flexibility by not adopting any guidelines that further restrict the use of Bucket 2 or Bucket 3 resources for compliance beyond the constraints established by SB X1-2. Establish Local Requirements for Renewable Resource Buckets? The City could choose a policy establishing requirements to meet its RPS policy by designating minimum and/or maximum amounts of Bucket 1, Bucket 2, or Bucket 3 renewable resources. While the City must comply with SB X1-2, the City could adopt additional requirements. The City’s committed renewable resources compared to SB X1-2’s procurement requirements are illustrated in the figure below. Since all of the City’s currently contracted R PS supply consists of Bucket 1 renewable resources, the City expects to easily comply with SB X1 -2’s minimum procurement requirements. SB X1-2 Compliance Requirements vs. CPAU Portfolio 0 50 100 150 200 250 300 350 400 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 GW h p e r Y e a r CPAU Committed Resources SB X1-2 Bucket 1 Minimum SB X1-2 Bucket 3 Maximum CPAU RPS Goal SB X1-2 Requirements Because of the limits imposed on the use of Bucket 3 renewables for RPS compliance, the incremental price (above the price of “brown” energy) for Bucket 1 resources (in-state bundled March 20, 2012 Page 6 of 7 (ID # 2515) energy and RECs) is significantly greater than the price of Bucket 3 resources (RECs with no associated energy). Currently prices are approximately $40/MWh for Bucket 1 RECs (premium over brown power) versus $5/MWh for Bucket 3 RECs. Rather than establish a new policy on the use of the different categories of renewable resources to achieve the RPS goal, staff recommends addressing this issue in the upcoming discussion of the pursuit of a carbon-neutral electric portfolio. A plan to achieve carbon neutrality will explore the question of which resources should be used for that goal and will provide clarity on the distinction between RPS, carbon reduction, and electric portfolio carbon neutrality goals. Commission Review and Recommendation Staff presented its recommendation to the UAC at its November 2, 2011, meeting. The UAC supported staff’s recommendations, with modifications, and moved to recommend Council approval of the following: LEAP Strategy #3 – Renewable Portfolio Standard (RPS) Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a. Pursuing a minimum target level of renewable purchases of at least 33%, with a target of 40%, of retail sales by 2015 with the following attributes: (1) The contracts for investment in renewable resources shall not exceed 30 years in term. (2) Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). (3) Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b. Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c. Evaluating a Feed-In Tariff (FIT) The motion carried by a vote of 4-2 with Vice Chair Berry and Commissioner Waldfogel opposed. Commissioner Waldfogel stated that he opposed the motion since he believes that the entire 0.5 ¢/kWh rate impact limit does not need to be spent on renewables and it could be put to better use for efficiency, other ways to reduce GHG emissions, or simply reduced rate impact. Vice Chair Berry said that he agreed with Commissioner Waldfogel. Attachment B contains the minutes from the November 2, 2011, UAC meeting. Resource Impact Adoption of the proposed modifications to LEAP is not expected to result in costs in excess of the previously adopted 0.5 ¢/kWh rate impact limit. Policy Implications The proposed policy is compliant with state law and goes beyond the minimum RPS requirements of SB X1-2. The proposed RPS policy would modify the LEAP Strategy related to RPS by adding clarity, but would not change the general policy direction. March 20, 2012 Page 7 of 7 (ID # 2515) Environmental Review Support of staff’s recommendation to approve the proposed modifications to the LEAP Strategy related to RPS does not constitute a project for the purposes of the California Environmental Quality Act. Attachments: Attachment A: Resolution Approving RPS Policy Modifications (PDF) Attachment B: FINAL UAC Minutes of November 2, 2011 (PDF) Prepared By: James Stack, Resource Planner Department Head: Valerie Fong, Director City Manager Approval: ____________________________________ James Keene, City Manager Not Yet Approved 1 120224 dm 6051679 Resolution No. ______ Resolution of the Council of the City of Palo Alto Approving Modifications to the City of Palo Alto Utilities’ Long-term Electric Acquisition Plan’s Renewable Portfolio Standard Strategy WHEREAS, the Long-term Electric Acquisition Plan (LEAP) is a strategic planning document focused on how the City of Palo Alto’s Utilities Department (CPAU) can successfully balance environmental and economic sustainability as it provides electric service to CPAU customers; and WHEREAS, staff presented the Long-term Electric Acquisition Plan to the Utilities Advisory Commission at its November 2, 2011 meeting, and the UAC voted 5 to 2 (with Commissioners Waldfogel and Barry opposed) to recommend that the City Council approve the proposed modification to Long-term Electric Acquisition Plan’s (LEAP) Renewable Portfolio Standard (RPS) strategy; and WHEREAS, staff presented the Long-term Electric Acquisition Plan to the Finance Committee at its March 6, 2012 meeting, and the Finance Committee voted x to y to recommend that the City Council approve proposed modifications to the LEAP’s RPS strategy. NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION 1. The Council hereby adopts the resolution approving modifications to the Long-term Electric Acquisition Plan’s (LEAP) Renewable Portfolio Standard strategy to read as follows: Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a.Pursuing a minimum target level of renewable purchases of at least 33%, with a target of 40%, of retail sales by 2015 with the following attributes: i.The contracts for investment in renewable resources shall not exceed 30 years in term. ii.Pursue only renewable resources deemed to be eligible by the California Energy Commission (CEC). iii.Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b.Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c.Evaluating a Feed-In Tariff (FIT). ATTACHMENT A Not Yet Approved 2 120224 dm 6051679 SECTION 2. The Council finds that any revenue derived from the authorized adoption enumerated herein shall be used only for the purpose set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. SECTION 3. The Council finds that the adoption of this resolution does not constitute a project under Section 21065 of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and therefore, no environmental assessment is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: ___________________________ ___________________________ City Clerk Mayor APPROVED AS TO FORM: APPROVED: ___________________________ ___________________________ Senior Deputy City Attorney City Manager ___________________________ Director of Utilities ___________________________ Director of Administrative Services FINAL UTILITIES ADVISORY COIVIIVIISSIOI~ MEETING MINUTES OF I~OVEIVIBER 2, 2011 CALL TO ORDER Chair Foster called to order at 7:05 pm the meeting of the Utilities Advisory Commission (UAC). Present: Commissioners Berry, Cook, Foster, Keller, Melton and Waldfogel Absent: Council Member Liaison Scharff and Commissioner Eglash ORAL COMMUNICATIONS None. APPROVAL OF THE MINUTES The minutes from the October 5, 2011 UAC meeting were approved as presented. AGENDA REVIEW No changes. REPORTS FROM COMMISSION MEETING/EVENTS Commissioner Melton reported that he attended the ground breaking ceremony for the new emergency storage reservoir at EI Camino Park and was thankful that work was finally beginning on that project. UTILITIES DIRECTOR REPORT In the absence of Director Valerie Fong, Assistant Director Jane Ratchye delivered an oral report on the following items: 1. Marketing and Efficiency Program Update -Staff proposed amending contracts with Ecology Action to add funding for the Right Lights+ program and with OPOWER to continue the program for one year beyond its original end date of May 2012. Both programs have had good energy efficiency results, and the Right Lights+ program had reserved nearly all of its annual funding in the first two years of the program with more businesses lined up to participate in lighting and sensor retrofits. On November 1, the Finance Committee unanimously recommended approval of the amendments. 2. Residential Programs -The LED holiday light exchange will continue again this year in December. Residents will be encouraged to exchange a working strand of incandescent holiday lights for a strand of colored or white LED holiday lights. The new residential LED lighting rebate will begin in January with a contest to find the "ugliesf' lighting in Palo Alto. The winning participant will get up to $400 in free LED lights. Utilities Advisory Commission Minutes Approved on: December 7, 2011 Page 1 016 3. PG&E Pipeline Testing Update -We have verified with PG&E that the "first segmenf' of the T-30 transmission pipeline (along Page Mill Road up to Foothill Expressway) passed its test last Sunday without incident. The second and final segment of the T -30 pipeline is scheduled for testing tomorrow (Nov 3) and assuming it completes without incident, the PG&E testing in Palo Alto will then be finished. All thaI will remain is for PG&E to "tie-in" the lines back into the transmission system and restore the various test sites to their previous condition (fill holes, repave, etc.)--scheduled to be done by November 111h. 4. Visitors from Hunan Province, China (Oct 19) -Utilities staff hosted 25 top managers from various government agencies within the Hunan Province who wanted to learn about how to operate successful sustainability programs, particularly in the area of providing utilities services. Staff made presentations and answered questions about our Climate Protection Plan, our renewable resources portfolio and purchase strategies and our energy and water efficiency programs for all customer classes. Special kudos to Dixon Yee from our UMS group wiho is fluent in Mandarin and translated beautifully. 5. Feed-in Tariff Program Documents Made Public -The preliminary program documents for the feed­ in tariff program have been made public on the City's website at www,cityofpaloalto,orgIRenewableFIT. The City has received questions and comments from several solar vendors and other organizations. Staff has also been raising awareness about the program with potential host customers, 6. RPS Enforcement Program -California's new RPS law (Senate Bill XI-2) applies, for the first time, to municipal utilities like Palo Alto in addition to investor owned utilities. With respect to the enforcement of the law, S8 XI-2 requires that "[t]he governing board of the local publicly owned electric utility shall adopt a program for the enforcement of this article on or before January 1, 2012," In order to meet this deadline, staff plans to request Council approval in December 2011 of an enforcement program that contains pro forma language on how the City will enforce its RPS regulations. The enforcement provisions will comply with the state law, but will not necessarily be the same as the RPS strategy adopted in the Long-term Electric Acquisition Plan (LEAP). 7. Update on Utilities Emerging Technology Demonstration Program -The City Manager requested that the program reviewed by the UAC in October be reviewed by the Policy and Services Committee on November 29. Council will review in December or January and staff plans to move forward with implementation by February. 8. Halloween, Utilities Style -Utilities staff participated in the City Hall Halloween Contest with a group costume featuring electric transmission lines and renewable resources (solar, wind and hydroelectric), The project, which was completed on a budget of $25 (not from ratepayers!) using reused and recycled materials, demonstrated how Utilities always works as a team to identify the lowest cost options! 9. Large Customer Load Growth -We recently learned of HP's plans to move several of its operations from other areas of California to re-occupy several of its buildings on its Palo Alto campus and to build a data center here in an existing building on its campus, The re-occupation may amount to 3 MW of Utilities AdvisolY Commission Minutes Approved on: December 7, 2011 Page 2 of 6 returning load (about 1.5% of our energy load). The data center may build up to 8 MW of new load in an existing building and add 7-12% to our energy load over the next 3 years. UNFINISHED BUSINESS None. NEW BUSINESS ITEM 1: ACTION: Update of Palo Alto Renewable Portfolio Standard (RPS) Policy Resource Planner Dr. Jim Stack presented a summary of the written report, focusing on the policy options for making adjustments to the Long-term Electric Acquisition (LEAP) strategy that concerns the Renewable Portfolio Standard (RPS) in light of the new state RPS law. Commissioner Keller asked if the City will have difficulties meeting the 33% RPS goal in the future-when some existing contracts expire-under the rate impact limit, and whether there is an opportunity to save money now and use it later. Stack noted that the rate impact limit is an annual limit and that "banking" is not allowed with the rate impact limit budget. Commissioner Cook asked for clarification on what is meant by "short-term" REC purchases? Stack responded that any REC purchases would be intended to fill a short-term gap-up to about three years-in the event that some resources would not come on line as planned or experience long-term outages. Commissioner Cook noted that the state law allows utilities to establish reasonable cost containment mechanisms and asked whether the 0.5 ¢/kWh rate impact limit would serve as Palo Alto's cost containment measure? Stack answered that it would. Commissioner Cook stated that his preference would be to pick a more aggressive RPS target than 33%, especially if it could be achieved within the existing rate impact limit, and that perhaps a 40% target would be appropriate. Commissioner Waldfogel noted that the UAC is about to review the City's greenhouse gas (GHG) emissions policy, and that we should consider capping the RPS level at 33% and using the balance of the money to taking a leadership position in reducing GHG emissions, going beyond what the state requires us to do. Commissioner Melton noted that all of our renewable energy is currenlly in Bucket 1, but inquired about PaloAltoGreen RECs and whether they can be counted towards the RPS requirements. Stack and Ratchye responded that the RECs purchased for PaloAltoGreen are not CEC-certified RECs, so they would not be eligible for RPS compliance. Also, those RECs would not be eligible for RPS compliance even if they were CEC-certified because they're part of a voluntary program. Commissioner Melton noted that the $20 million staff identified as potential revenue from selling or swapping excess bucket 1 resources is a lot of money and that if staff was planning to recommend against pursuing this strategy, it should beef up its case for passing up this opportunity when going before Finance Committee. Chair Foster asked what could be done with the revenue from selling excess bucket 1 resources. Ratchye responded that the money would stay in the electric fund, but could be used for any purpose in the electric fund. Utilities Advisory Commission Minutes Approved on: December 7, 2011 Page 3 of 6 Commissioner Waldfogel commented that striving for a higher RPS goal made sense when the 33% goal was set, but now we've achieved our goal so perhaps we can use the remaining money for other goals such as GHG emission reductions or energy efficiency and stake out a leadership position there. Commissioner Melton commented that the idea of increasing the RPS goal to 40% has been floated at the state level and asked whether there was any support in Sacramento for that idea. Stack responded that the 40% goal was mentioned in the governor's signing statement for SB XI-2, but the idea doesn't seem to have taken off yet. Commissioner Melton noted that in an average year the supply portfolio is roughly 50% hydro and if we had a 40% RPS he wonders whether that is too much of the portfolio to have locked in. Stack responded that there will be less and less room for market purchases as we buy more long-term resources, particularly in wet years. He also noted that this will mean we will be net sellers in more months and buy less energy in the spot markets. But he noted that this just means we'll have a greater level of market price risk. Chair Foster asked about how we should balance spending more on efficiency vs. RPS vs. any other program. Ratchye responded that the information to compare the costs or benefits of those alternatives has yet to be provided to the UAC and that staff will be back next month with more information on the other alternatives in the context of a discussion on whether to pursue a carbon-neutral electric portfolio. Commissioner Waldfogel suggested approving staff recommendations numbers 1 (retail sales), 3 (interim targets), and 4 (bucket sale/swap). (Referring to recommendation numbers in the presentation, not the report.) Chair Foster indicated that the proposed language needs to clarify which limit takes precedence: the rate impact limit OR the 33% RPS level. Chair Foster noted that the language will be interpreted to mean that 33% is a minimum RPS level and staff will continue pursuing new renewables until the 0.5 cent limit has been reached. Ratchye confirmed that this was the intent of staffs proposed language, but would prefer that the language be as clear as possible. Vice Chair Berry stated his belief that the current policy language sets the 0.5 cent rate impact limit, but does not direct staff to use all of that money. He indicated that H is the customers' money, and there is not a clear reason why all of the money needs to be spent. Commissioner Melton said that the right policy decision is to recommend a 33% floor and a 0.5 cent limit, retaining the ambiguity about what to do once the 33% level is reached if there is still additional money to be spent under the rate impact IimH. Commissioner Keller asked what would happen if the 33% target cannot be met without exceeding the rate impact limit. Ratchye responded that at that point the Council could choose to stop pursuing additional renewables-because the 0.5 cent rate impact limit is the City's cost containment measure-or approve additional funds to be spent to achieve the 33% level. Commissioner Waldfogel asked what the impact is of not mentioning policy update #5 (selling or swapping bucket 1 resources) -can staff do this type of transaction, or are they prohibited? Ratchye responded that staff can not currently do this type of transaction without receiving approval to do so from the Council. Commissioner Melton said he does not think we need to address something staff can't currently do. Ratchye also indicated that while staff does not currently intend to pursue this type of transaction, there is Commission Minutes Approved on: December 7, 2011 Page 4 016 nothing precluding it from considering such transactions. Vice Chair Berry indicated that these potential transactions may make sense to do, so we should not limit staff from acting on these opportunities. Ratchye offered that staff return with further discussion of this topic in the ccntext of the scheduled report for the UAC's December meeting on whether or not to pursue a carbon-neutral electric portfolio. Chair Foster said he is not in favor of selling or swapping bucket 1 resources, but thinks there is interest from members of the UAC to have more discussion on that topic. Vice Chair Berry said that this option may not work for a variety of reasons, but that it cculd be beneficial and we should examine that in more detail since there is significant money on the table for this. He would like to see the possibilities laid out in detail, with numbers presented. Commissioner Melton agreed with Vice Chair Berry, saying that while staff has indicated it does not think it should pursue these opportunities he wants to understand the options in more depth. Chair Foster said he thinks there is consensus on the desire to have this issue brought back to the UAC for further discussion in the future. ACTION: Commissioner Melton moved the staff recommendation. Chair Foster seccnded the molion. Chair Foster offered an amendment to add "with a target of 40%" to provide clarity that the direction is to get as much renewable energy as possible under the 0.5 cent/kWh rate impact limit Commissioner Melton accepted the amendment. The motion is that the UAC recommend that Council approve the proposed modifications to the Long-term Electric Acquisition Plan (LEAP) related to Strategy number three, Renewable Portfolio Standard (RPS), to read as follows: Renewable Portfolio Standard (RPS) Reduce the carbon intensity of the electric portfolio by acquiring renewable energy supplies by: a. Pursuing a minimum target level of renewable purchases of at least 33%, with a target of 40%, of retail sales by 2015 with the following attributes: (1) The ccntracts for investrnentin renewable resources shall not exceed 30 years in term. (2) Pursue only renewable resources deemed to be eligible by the Califomia Energy Commission (CEC). (3) Evaluate use of Renewable Energy Certificates (RECs) to meet RPS. b. Ensuring that the retail rate impact for renewable purchases does not exceed 0.5 ¢/kWh on average; and c. Evaluating a Feed-In Tariff (FIT) The motion carried by a vote of 4-2 with Vice Chair Berry and Commissioner Waldfogel opposed. Commissioner Waldfogel stated that he opposed the motion since he believes that the entire 0.5 cent rate impact limit does not need to be spent on renewables and it cculd be put to better use for efficiency, other ways to reduce GHG emissions, or simply reduced rate impact. Vice Chair Berry said that he agreed with Commissioner Waldfogel. ITEM 2: PRESENTATION: Preliminary Results From Fall 2011 Renewable Energy Project Request Proposals Resource Planner Dr. Jim Stack presented a high-level summary of the responses received to the City's Request for Proposals (RFP) for renewable energy supplies. Chair Foster indicated that he does not reccmmend pursuing additional landfill gas (LFG) projects due to difficulties getting the last ones approved by Council. He also asked how the different technologies Utilities Advisory CommiSsion Minutes Approved on: December 7, 2011 Page 5 016 compared with each other on cost. Stack responded that solar prices have fallen significantly since staff's last renewable energy RFP two years ago -previously solar had been the most expensive technology, but in this RFP the solar and wind proposals were the least expensive ones, Commissioner Melton inquired about the size of the solar projects that were proposed, Stack responded that most solar projects that were proposed were around 20 MW size, but some were proposals of small pieces of larger projects, Vice Chair Berry asked whether any proposals were for local solar projects, Stack responded that there were no proposals for projects located in Palo Alto, but there were a couple of projects located in the Bay Area. Commissioner Waldfogel commented that this is amazing feedback from the market. He also asked whether this information would be used in evaluating a carbon emissions policy. Ratchye responded that one way of getting to a carbon neutral portfolio is through additional purchases of renewables, so this information will be used to estimate the cost of carbon reduction measures that are based on increased use of renewable energy, Ratchye noted that staff's proposed Feed-in-Tariff rate is value-based and one component of the value assessment is the cost of renewable energy, so these results will cause staff's Feed-in-Tariff rate proposal to be lower than the one initially presented to the UAC. Chair Foster asked when staff plans to come back to the UAC with the next step in this process, Stack responded that, depending how contract negotiations go, staff could return to the UAC as early as April or May with contracts ready for approval. ITEM 3: ACTION: Potential Topic's) for Discussion at Future UAC ACTION: None. COMMISSIONER COMMENTS None. Meeting adjourned at9:12 p.m. Respectfully submitted, Marites Ward City of Palo Alto Utilities Advisory Commission Minutes Approved on: December 7, 2011 Page60f6