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HomeMy WebLinkAboutStaff Report 4289 City of Palo Alto (ID # 4289) Finance Committee Staff Report Report Type: Action Items Meeting Date: 12/17/2013 City of Palo Alto Page 1 Summary Title: Changes to Large Commercial Customer Gas Rates Title: Utilities Advisory Commission Recommendation that the City Council Adopt a Resolution to 1) Terminate the City’s Natural Gas Direct Access Program by Repealing Gas Rate Schedule G -4; 2) Eliminate Fixed and Custom Gas Commodity Rates for Large Commercial Customers by Repealing Gas Rate Schedules G -11 and G -12; and 3) Effect the Changes by Amending Gas Rate Schedules G -3 and G-8 and Utility Rules and Regulations 2, 3, 5 and 13 From: City Man ager Lead Department: Utilities Recommendation Staff and the Utilities Advisory Commission (UAC) recommend that the Finance Committee recommend that the City Council adopt a resolution (Attachment A) to: 1. Terminate the City’s gas direct access program by repealing gas rate schedule G-4 (Large Commercial Gas Transportation Service); 2. Eliminate fixed and custom gas rates for large commercial customers by repealing gas rate schedules G-11 (Large Commercial Fixed-term Commodity Gas Service), and G-12 (Large Commercial Custom Commodity Gas Service); and 3. Effect the changes by amending Utility Rules and Regulations 2 (Definitions and Abbreviations), 3 (Description of Utility Services), 5 (Service Contracts), and 13 (Shortage of Supply and Interruption of Utility Services), and amending gas rate schedules G-3 (Large Commercial Gas Service) and G-8 (Gas for Electric Generation Service). Executive Summary Both the commodity cost management of the City’s gas portfolio and the City’s rate offerings to large commercial gas customers have evolved over the years depending on market needs and industry trends. In the era of deregulation, the City introduced gas “direct access”, whereby certain large commercial customers could elect to take transportation-only service under Rate Schedule G-4, City of Palo Alto Page 2 by purchasing gas from a third party on the open market, and having it delivered to the City of Palo Alto Utilities (CPAU). However, the technical challenges of implementing this rate rendered it cost-prohibitive, and no eligible large customer ever purchased gas from a third party supplier. Rate Schedules G-11 (Large Commercial Fixed-term Commodity Gas Service) and G-12 (Large Commercial Custom Commodity Gas Service) were designed to give large commercial gas customers the ability to directly hedge their gas costs, something the City was already doing for the small commercial and residential customers through the managed portfolio. Today, all of the City’s gas customers are served under a monthly market price -based pass-through rate, and no large commercial customers have elected to fix the commodity rate for any portion of their gas needs for the past 5 years. Given the impracticality of gas direct access and the lack of interest in the other commodity rates, staff recommends saving both staff time and market price subscription costs by terminating gas direct access by eliminating Rate Schedules G-4, G-11, and G-12. At the same time, certain changes are needed on Rate Schedules G -3 and G-8 to remove references to the direct access rates; no changes are being made to the other rates on those schedules. Background The monthly market price pass-through rate for large natural gas customers (G-3) and the managed commodity portfolio rate for large natural gas customers (G-7) were both established by Resolution #7522 in 1995. The G-3 rate is still in effect today, and all large commercial gas customers are currently served under that rate. In 1998 Council approved a direct access program enabling large commercial gas customers to purchase gas directly from third party suppliers (CMR 148:99). The program was offered when the energy markets were being deregulated and customers were demanding a choice of suppliers. No customer has ever elected the direct access rate schedule, G-4, because there has never been an economic advantage to doing so. This is discussed further in a later section of this report. At this time, there is no regulatory requirement for municipal utilities to offer direct access. In 2000, Council approved two rate schedules, G-11 (Large Commercial Fixed-term Commodity Gas Service) and G-12 (Large Commercial Custom Commodity Gas Service) (CMR 259:01). The Fixed-term Rate, G-11, offers a fixed commodity rate for the customer’s total gas usage for a 12- or 24-month term. Later Council modified this rate to include a risk premium for the volume uncertainty risk assumed by the City, created by the possibility that customers could choose alternative suppliers at any time, while CPAU purchased gas under long term contracts. The custom rate option, G-12, allowed customers to be served under a custom commodity pricing structure. Both of these rates, G-11 and G-12, were selected by large gas commercial customers in the years that followed, although no customers are currently serv ed under either rate. City of Palo Alto Page 3 As a result of the energy crisis and the resulting sky rocketing gas prices of 2000 and 2001 the City adopted a disciplined market price hedging strategy whereby blocks of gas were purchased at fixed or capped prices for delivery up to three years in the future. Since large gas customers had the option to switch to direct access, the City was exposed to the risk of them seeking an alternate supplier if the City purchased gas that was higher than the market price of gas, leaving the remaining customers to pay for the above market priced gas. To mitigate this risk, Council modified the rules in 2001 (CMR 259:01) such that customers electing the portfolio rate (G -7) gave up the option to elect direct access at a later time. Since no large customers elected the portfolio rate (G-7), in 2003 Council eliminated the G-7 rate (CMR 483:03). This action was taken because large commercial customers were able to manage their gas supply costs by electing to be served under rate schedules G -11 or G-12 instead of relying on the managed portfolio rate. The number of large natural gas customers eligible for G-3, G-11, and G-12 rates has varied over the years, but has been between 8 and 10. There are currently 10 eligible customers and all receive gas under the G-3 rate schedule. These customers made up about 20% of the City’s gas load in Fiscal Year 2012. Discussion Termination of Gas Direct Access via Elimination of G-4 (Large Commercial Gas Transportation Service) Elimination of the G-4 rate will not cause gas rates to change for any CPAU customers. Although the City has offered direct access to large commercial gas customers since 1998, this service has never been selected by a customer. The first reason is that the City’s competitive process for purchasing gas yields a market-based commodity rate for Palo Alto gas customers that is difficult to beat by outside suppliers. The City has contracts with multiple highly -rated counterparties resulting in healthy competition for the City’s business each time gas is purchased. The cost of gas commodity is passed on to Palo Alto customers through rates , leaving little to no room for third party suppliers to offer a lower price. Second, because of the City’s physical location on the PG&E pipeline sys tem, the logistics of a customer in Palo Alto receiving gas from a third party are complicated and, therefore, cost - prohibitive. Palo Alto transports gas over PG&E’s backbone and local transmission pipelines. From PG&E’s perspective, Palo Alto is the shipper on the system and the party responsible for balancing the City’s entire demand with supply on a daily and monthly basis. Gas suppliers cost-effectively serve customers on the PG&E system by managing a large pool of demand, but because Palo Alto’s retail customers are not metered by PG&E and are not recognized by PG&E City of Palo Alto Page 4 as shippers, Palo Alto’s retail customers would need to be managed separately from the gas supplier’s pool. Suppliers would much rather sell gas to Palo Alto’s gas utility than manage serving individual customers within the City. Elimination of G-11 (Large Commercial Fixed-term Commodity Gas Service) and G-12 (Large Commercial Custom Commodity Gas Service) Eliminating the G-11 and G-12 rates will not cause gas rates to change for any CPAU customers. No customer has been served under G-11 since 2007. No customer has been served under G- 12 since 2009. Given the lack of interest in G-11 and G-12, it appears that large gas customers prefer a monthly market pass through price. If that chan ges in the future and large gas customers want to manage market price risk, they can utilize a third-party financial agreement to hedge against gas market price uncertainty. To do that, the customers could contact a natural gas supplier (or bank) and hedge their gas costs using futures contracts to swap the exposure to the market price index with fixed-price financial transactions.1 Eliminating G-11 and G-12, rates that no customer has selected in recent years, will save staff resources. Even with no customers served under these rates, staff time is required to develop indicative prices and the risk premium for the G-11 rate on a weekly basis, update the website with those indicative prices, forecast individual large customer gas usage, and manage more complicated models for tracking and managing credit risk for potential hedge positions related to these rates. In addition, keeping these rates active requires staff to wait to purchase the index-priced gas until just before the month begins in case a lar ge customer elects to be served under G-11 or G-12. Absent those choices, staff can make longer-term index transactions, reducing administrative time. Summary of Rule Changes Modifications to four Utility Rules are needed as a result of the proposed rat e eliminations. First, several definitions related to gas direct access will be deleted in Rule 2, “Definitions and Abbreviations”. Second, gas direct access will be struck from under “Types of Service” in Rule 3, “Description of Utility Services”. Third, also proposed to be stricken are several references to direct access in Rule 5, “Service Contracts” and contract pricing guidelines regarding custom commodity rates and fixed-term rates, both of which are irrelevant if the proposed rate eliminations are approved. Fourth, it is proposed to delete references to gas direct access in 1 As an example, assume that the customer who wishes to hedge gas costs purchases a gas futures contract for January 2015 for $0.50 per therm. When January 2015 arrives, the market price for gas is $1.00/therm. The customer pays $1.00 per therm to Palo Alto for physical gas and sells the futures contract for $1.00 per therm resulting in an effective gas price of $0.50 per therm (the original price of the futures contract). City of Palo Alto Page 5 Rule 13, “Shortage of Supply and Interruption of Utility Services.” There are a few other minor clean-ups that have also been included in the attached Rules, in redline form. Summary of Changes to Utility Rate Schedules Both gas rate schedules G-3 (Large Commercial Gas Service) and G-8 (Gas for Electric Generation Service) refer to gas direct access. In addition, gas rate schedule G-8 refers to G-11. CPAU will continue to offer gas rate schedules G-3 and G-8, but the proposal to eliminate gas direct access and Rate Schedule G-11 requires editing of gas rate schedules G-3 and G-8 to make them consistent with the decision to terminate the gas direct access program. Commission Review and Recommendation On November 6, 2013, the UAC unanimously (6-0) approved staff’s recommendation. Chair Cook was absent. Vice Chair Foster indicated that the recommended action made sense since no customers were on the rates to be eliminated, the proposed rule changes were for consistency and the result would be a streamlined process. Commissioner Hall stated that he supported the recommendation, but noted that the list of definitions (Rule and Regulation 2) did not include definitions for “gas transportation” or “gas distribution” and recommended including those to add clarity for readers of the rate schedules. Staff intends to review all definitions as part of an upcoming rules and regulations clean -up. Resource Impact Even if no customer elects G-11 or G-12, the estimated staff resources to continue to offer the rates is 0.1 FTE plus $1,500 per month that is spent on market volatility information used to calculate the volumetric risk premium for G-11. Staff time increases when customers elect G- 11 or G-12. If these rates were eliminated, these costs would be saved and staff resources could be re-assigned to other projects. There is no immediate staff resource savings by eliminating G-4. Implementing G-4, however, would require a large amount of staff time that would be estimated and included in the set-up fee charged to the third party supplier. Policy Implications This recommendation sets no new Council policy and is consistent with the Council-approved Utilities Strategic Plan. City of Palo Alto Page 6 Environmental Review Adoption of the recommended resolution does not meet the definition of a project, pursuant to Section 21065 of the California Environmental Quality Act. Attachments:  Attachment A: RESO Approving Termination of Gas Direct Access and Contract Rates and Modification to Utilities Rules and Regulation (PDF)  Attachment B: Rule 2 Definitions effective 01-01-2014 (PDF)  Attachment C: Rule 03 effective 01-01-2014 (PDF)  Attachment D: Rule 05 effective 01-01-2014 (PDF)  Attachment E: Rule 13 effective 01-01-2014 (PDF)  Attachment F: Utility Rate Schedule G-3 effective 01-01-2014 (PDF)  Attachment G: Utility Rate Schedule G-8 effective 01-01-2014 (PDF)  Attachment H: Excerpted Draft UAC Minutes of November 6, 2013 Meeting (PDF) ATTACHMENT A * NOT YET APPROVED * 131016 dm 6051983 1 Resolution No. _________ Resolution of the Council of the City of Palo Alto Terminating the City’s Natural Gas Direct Access Program by Repealing Utility Gas Rate Schedule G-4, Eliminating Fixed and Custom Gas Commodity Rates for Large Commercial Customers by Repealing Gas Rate Schedules G-11 and G-12, and Effecting the Changes by Amending Gas Rate Schedules G-3, G-8 and Utility Rules and Regulations 2, 3, 5 and 13 A. In 1998, the City Council (“Council”) approved a direct access program, including the adoption of Gas Rate Schedule G-4 (Large Commercial Gas Transportation Service) enabling large commercial gas customers to purchase gas directly from third party suppliers (CMR 148:99), in response to energy market deregulation and in an effort to support customer choice. B. No customer has ever been served under the City of Palo Alto Utilities’ (CPAU’s) gas direct access program and Gas Rate Schedule G-4 for economic and practical reasons. C. Eliminating Gas Rate Schedule G-4 will not cause gas rates to change for any CPAU customers. D. In 2000, Council approved two rate schedules, G-11 (Large Commercial Fixed-Term Commodity Gas Service) and G-12 (Large Commercial Custom Commodity Gas Service) (CMR 259:01), to offer large commercial customers additional choices in gas rate management. E. No customer has been served under G-11 since 2007, or G-12 since 2009, and customers have other alternatives for managing gas commodity costs. F. Eliminating Gas Rate Schedules G-11 and G-12 will not cause gas rates to change for any CPAU customers. G. Staff resources will be saved by eliminating Gas Rate Schedules G-4, G-11 and G-12. H. Modifications to four Utility Rules and Regulations and two additional gas rate schedules are needed as a result of the proposed rate eliminations, to ensure consistency with current rate offerings. The Council of the City of Palo Alto RESOLVES as follows: SECTION 1. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-4 (Large Commercial Gas Transportation Service) is hereby repealed effective as of January 1, 2014. ATTACHMENT A * NOT YET APPROVED * 131016 dm 6051983 2 SECTION 2. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-11 (Large Commercial Fixed-Term Commodity Gas Service) is hereby repealed effective as of January 1, 2014. SECTION 3. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-12 (Large Commercial Custom Commodity Gas Service) is hereby repealed effective as of January 1, 2014. SECTION 4. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 2 (Definitions and Abbreviations) is hereby amended as attached and incorporated. Utility Rule and Regulation 2, as amended, shall become effective January 1, 2014. SECTION 5. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 3 (Description of Utility Services) is hereby amended as attached and incorporated. Utility Rule and Regulation 3, as amended, shall become effective January 1, 2014. SECTION 6. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 5 (Service Contracts) is hereby amended as attached and incorporated. Utility Rule and Regulation 5, as amended, shall become effective January 1, 2014. SECTION 7. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utilities Rule and Regulation 13 (Shortage of Supply and Interruption of Utility Services) is hereby amended as attached and incorporated. Utility Rule and Regulation 13, as amended, shall become effective January 1, 2014. SECTION 8. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-3 (Large Commercial Gas Service) is hereby amended as attached and shall become effective January 1, 2014. SECTION 9. Pursuant to Section 12.20.010 of the Palo Alto Municipal Code, Utility Rate Schedule G-8 (Gas for Electric Generation Service) is hereby amended as attached and shall become effective January 1, 2014. // // // // // ATTACHMENT A * NOT YET APPROVED * 131016 dm 6051983 3 SECTION 10. The Council hereby finds that the adoption of this resolution does not meet the definition of a project, pursuant to Section 21065 of the California Environmental Quality Act, thus no environmental review 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 DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 1 A. ABBREVIATIONS AMR - Automated Meter Reading AER - Advance Engineering Request Btu - British Thermal Unit ccf - Hundred Cubic Feet CEC - California Energy Commission CPAU - City of Palo Alto Utilities CPUC - California Public Utilities Commission. DA - Direct Access ERU - Equivalent Residential Unit ESP - Energy Service Provider FERC - Federal Energy Regulatory Commission GDA - Gas Direct Access GSP - Gas Service Provider GSPA - Gas Service Provider Agreement kVar - Kilovar kVarh - Kilovar-hours kW - Kilowatt kWh - Kilowatt-hour MW - Megawatt MMBtu - One million Btus. NEC - National Electric Code, Latest Version NRTL - Nationally Recognized Testing Laboratory PAMC - Palo Alto Municipal Code PSIG - Per square inch gauge PST - Pacific Standard Time RWQCP - Regional Water Quality Control Plant UUT - Utilities Users Tax B. GENERAL DEFINITIONS DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 2 Account The identification number in CPAU’s billing system for Utility Services. Agency Any local, county, state or federal governmental body or quasi-governmental body, including, without limitation, the CPUC, the FERC and any joint powers agency, but excluding the City and any board, commission or council of the City. Applicant An individual, corporation, partnership, Agency, or other legal entity or authorized agent of same, requesting CPAU to supply any or all of the following: 1. Electric Service 2. Water Service 3. Gas Service 4. Wastewater Collection 5. Refuse and Recycling Collection 6. Storm and Surface Water Drainage Service 7. Fiber Optics Service Or, an entity submitting an Application for Interconnection pursuant to Rule 27. Application (for Interconnection of Generating Facilities) An approved standard form (Load Sheet) submitted to CPAU for Interconnection of a Generating Facility. Bidweek Price Index The price reported in Natural Gas Intelligence “NGI’s Bidweek Survey”, California “PG&E Citygate” under the column “avg.” for the calendar month. Billing Period Also “service period” or “billing cycle”. The normal Billing Period for CPAU Customers is approximately 30 days, with variations occurring due to staff availability, holiday scheduling, field verification of Meter readings, or any other billing-related issues requiring additional investigation prior to issuance of the bill.. British Thermal Unit Also “Btu”. The standard sub-unit of measurement comprising a Therm of natural Gas. One (1) Therm DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 3 equals 100,000 Btu. Business Day Any day, except a Saturday, Sunday, or any day observed as a legal holiday by the City. Certification Test A test pursuant to Rule 27 that verifies conformance of certain equipment with approved performance standards in order to be classified as Certified Equipment. Certification Tests are performed by NRTLs. Certification; Certified; Certificate The documented results of a successful Certification Test. Certified Equipment Equipment that has passed all required Certification Tests. Charge Any assessment, cost, fee, surcharge or levy for Utility Service other than a Tax, including metered and unmetered Utility Service, capacity, connections, construction, penalties, and mandated or required Customer financial obligations for Service. Charter The Charter of the City of Palo Alto. City Attorney The individual designated as the City Attorney of the City under Section 2.08.120 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Attorney. City’s Collector The Person(s) authorized under Section 5.20.040 of the Palo Alto Municipal Code to provide collection, removal and disposal of solid waste and Recyclable Materials pursuant to one or more written contracts with the City. City Manager The individual designated as the City Manager of the City under Section 2.08.140 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the City Manager. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 4 City of Palo Alto, or City The government of the City of Palo Alto, a chartered City and a municipal corporation duly organized and validly existing under the Laws of the State of California, with a principal place of business located at 250 Hamilton Avenue, Palo Alto, County of Santa Clara. For the purposes of these Rules and Regulations, the term “City” may include services provided by both the City of Palo Alto Utilities Department and the City of Palo Alto Public Works Department. City of Palo Alto Public Works Department (Public Works) The City Department responsible for providing Refuse and Recycling, Wastewater Treatment and Storm and Surface Water Drainage Utility Services. Other Utility Services such as Water, Gas, Electric, Wastewater Collection, and Fiber Optics are provided by the City of Palo Alto Utilities Department. City of Palo Alto Utilities Department (CPAU) The City Department responsible for providing Water, Gas, Electric, Wastewater Collection and Fiber Optic Utility Services. Other Utility Services such as Refuse and Recycling, Wastewater Treatment and Storm and Surface Water Drainage are provided by the City of Palo Alto Public Works Department. Code The words "the Code" or "this Code" shall mean the Palo Alto Municipal Code. Commercial Service Commercial Utility Service is provided to businesses, non-profit organizations, public institutions, and industrial Customers. The term also applies to Utility Services through Master Meters serving multi- family Residential dwellings and common areas of multi-family facilities. Compostable Materials Organic materials designated by the City as acceptable for collection and processing. Cubic Foot of Gas (cf) The quantity of Gas that, at a temperature of sixty (60) degrees Fahrenheit and a pressure of 14.73 pounds per square inch absolute, occupies one cubic foot. Curtailment The act of reducing or interrupting the delivery of natural Gas. Customer The Person, corporation, Agency, or entity that receives or is entitled to receive Utility Service(s) from the City of Palo Alto, or in whose name Service is rendered for a particular Account as evidenced by the DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 5 signature on the Application, contract, or agreement for Service. In the absence of a signed instrument, a Customer shall be identified by the receipt of any payment of bills regularly issued in the name of the Person, corporation, or Agency regardless of the identity of the actual user of the Utility Service(s). Dark Fiber A Fiber Optic cable provided to end-users or resellers by CPAU without any of the light transmitters, receivers, or electronics required for telecommunications over the Fiber. Infrastructure for Fiber Optic activation is provided by the reseller or end-user. Dark Fiber Infrastructure Components of the CPAU Fiber Optic Distribution System required to provide Service to Customers (licensees), that are attached, owned, controlled or used by the City, located overhead or underground within the Public Right-of-Way, the Public Utility Easements and Leased Service Properties. Dedicated Distribution Transformer A Distribution Transformer that is dedicated to serving a single premise. Demand The highest rate of delivery of Electric energy, measured in Kilowatts (kW) or kilovolt amperes (kVA) occurring instantaneously or registered over a fixed time period (normally fifteen minutes unless otherwise specified within a monthly billing cycle). Demand Charge An electrical Charge or rate that is applied to a metered Demand reading expressed in Kilowatts to compute a Demand Charge component of a Customer’s Electric bill. Demarcation Point The Demarcation Point for a project shall be the Customer side of the panel onto which the CPAU Fiber terminates within the Customer Premises, unless otherwise specified in the Proposal for Dark Fiber Services. Direct Access (DA) The election by a Customer to procure its Gas Supply Services, from an Energy Service Provider, other than CPAU. In this situation, a Customer deals directly with an ESP for commodity supply, while distribution and applicable transmission services would continue to be provided by CPAU. Direct Access Service Request (DASR) DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 6 The form required to initiate Direct Access Service. Distribution Services Includes, but is not limited to, Utility Service provided by the Distribution System and other Services such as billing, meter reading, administration, marketing, and Customer Services. Does not include Services directly related to the Interconnection of a Generating Facility as per Rule 27. Distribution System The infrastructure owned and operated by CPAU which is capable of transmitting electrical power, other than Interconnection Facilities, or transporting Water, Wastewater, or Gas within the City of Palo Alto. The Electric Distribution System transmits power from the City’s Interconnection with PG&E to CPAU’s Meter located on the Customer’s Premises. The Gas Distribution System transports Gas from PG&E receiving stations to CPAU’s Meter located on the Customer Premises. The Water Distribution System transports Water from the San Francisco Water Department receiving stations and CPAU wells to the meter located on the Customer Premises. The Wastewater Collection System transports sewage from the Customer’s Premises to the Water Quality Control Plant. Distribution and Transmission Services Services provided by CPAU to effect the physical delivery of Energy Services provided by the Energy Services Provider from the Point of Receipt to the Direct Access Customer’s Service Address. Effluent Treated or untreated Wastewater flowing out of a Wastewater treatment facility, sewer, or industrial outfall. Electric, Electric Service Utility Service provided to residents and business owners in the City of Palo Alto consisting of generation, transmission, and distribution of electrical power for retail use. Electric Service is provided by the City of Palo Alto Utilities Department. Emergency An actual or imminent condition or situation, which jeopardizes CPAU’s Distribution System Integrity. Emergency Service Electric Service supplied to, or made available to, Load devices which are operated only in Emergency situations or in testing for same. Energy Services DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 7 Energy commodity and any applicable ancillary Services used to generate and transport such commodity from its origin to the City’s Point of Receipt. May also mean the sale of value added Services associated or related to the Provision and/or usage of energy commodity. Equivalent Residential Unit (ERU) This is the basic unit for computing storm and surface water drainage fees. All single-family Residential properties are billed the number of ERU’s specified in the table contained in Utility Rate Schedule D-1, according to parcel size. All other properties have ERU's computed to the nearest 1/10 ERU using this formula: No. Of ERU = Impervious Area (sq. ft.) / 2,500 sq. ft. Fiber Optic, Fiber Optic Service A solid core of optical transmission material. Fiber Optic Service that is provided by the City of Palo Alto Utilities Department is referred to as Dark Fiber. Fiber Optic Backbone The high-density portion of the Dark Fiber Infrastructure installed and owned by the City. Force Majeure The occurrence of any event that has, had or may have an adverse effect on the design, construction, installation, management, operation, testing, use or enjoyment of the City’s Utility Services, which is beyond the reasonable control of the parties and which event includes, but is not limited to, an Act of God, an irresistible superhuman cause, an act of a superior governmental authority, an act of a public enemy, a labor dispute or strike or a boycott which could not be reasonably contemplated by the City or Customer affected thereby, a defect in manufactured equipment (including, but not limited to, the Dark Fibers), fire, floods, earthquakes, or any other similar cause. Full Service; Fully Bundled Service Provision by CPAU of both Distribution and Transmission Services and Energy or Gas Commodity Services to its Customer(s). Function Some combination of hardware and software designed to provide specific features or capabilities. Its use, as in Protective Function, is intended to encompass a ran ge of implementations from a single- purpose device to a section of software and specific pieces of hardware within a larger piece of equipment to a collection of devices and software. Gas Any combustible gGas or vapor, or combustible mixture of gaseous constituents used to produce heat by DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 8 burning. It shall include, but not be limited to, natural Gasgas, Gas gas manufactured from coal or oil, Gas gas obtained from biomass or from landfill, or a mixture of any or all of the above. Gas, Gas Service Utility Service provided to residents and business owners in the City of Palo Alto consisting of procurement, transmission, and distribution of Gas for retail use. Gas Service is provided by the City of Palo Alto Utilities Department. Gas Direct Access (GDA) The election by a Customer to procure its natural Gas, and related natural Gas Services, from a Gas Service Provider, other than CPAU. In this situation, a Customer obtains natural Gas commodity directly from a GSP, but local transmission of the natural Gas commodity is effectuated by CPAU in accordance with the terms of CPAU’s Natural Gas Service Agreement with PG&E. Also, Distribution Services would continue to be provided by CPAU. Gas Direct Access Service Request (GDASR) The form required to initiate Gas Direct Access Service. Gas Service Provider (GSP) The Person who procures, schedules, nominates and arranges transport of natural Gas to Gas Direct Access Customers, including its successors and assigns. Gas Service Provider Agreement (GSPA) The contract between CPAU and the Gas Direct Access Customer’s Gas Service Provider that establishes the terms and conditions under which Gas Services may be provided to the Gas Direct Access Customer. Generating Facility All Generators, electrical wires, equipment, and other facilities owned or provided by Producer for the purpose of producing Electric power. This includes a solar or wind turbine electrical generating facility that is the subject of a Net Energy Metering and Interconnection Agreement and Rule and Regulation 29. Generator A device converting mechanical, chemical or solar energy into electrical energy, including all of its protective and control Functions and structural appurtenances. One or more Generators comprise a Generating Facility. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 9 Gross Nameplate Rating; Gross Nameplate Capacity The total gross generating capacity of a Generator or Gen erating Facility as designated by the manufacturer(s) of the Generator(s). Initial Review The review by CPAU, following receipt of an Application, to determine the following: (a) whether the Generating Facility qualifies for Simplified Interconnection; or (b) if the Generating Facility can be made to qualify for Interconnection with a Supplemental Review determining any additional requirements. Inspector The authorized Inspector, agent, or representative of CPAU. Interconnection; Interconnected The physical connection of a Generating Facility in accordance with the requirements of the City’s Utilities Rules and Regulations so that Parallel Operation with CPAU’s Distribution System can occur (has occurred). Interconnection Agreement An agreement between CPAU and the Producer providing for the Interconnection of a Generating Facility that gives certain rights and obligations to effect or end Interconnection. For the purposes of the City’s Utilities Rules and Regulations, the Net Energy Metering and Interconnection Agreement, and the Power Purchase Agreements authorized by the City Council may be considered as Interconnection Agreements for purposes of defining such term. Interconnection Facilities The electrical wires, switches and related equipment that are required in addition to the facilities required to provide Electric Distribution Service to a Customer to allow Interconnection. Interconnection Facilities may be located on either side of the Point of Common Coupling as appropriate to their purpose and design. Interconnection Facilities may be integral to a Generating Facility or provided separately. Interconnection Study A study to establish the requirements for Interconnection of a Generati ng Facility with CPAU’s Distribution System. Internet Exchange Any Internet data center for telecommunications equipment and computer equipment for the purposes of DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 10 enabling traffic exchange and providing commercial-grade data center services. Interstate Transportation (or Transmission) Transportation of Gas on a pipeline system under the regulation of the FERC. Island; Islanding A condition on CPAU’s Electric Distribution System in which one or more Generating Facilities deliver power to Customers using a portion of CPAU’s Distribution System that is electrically isolated from the remainder of CPAU’s Distribution System. Junction A location on the Dark Fiber Infrastructure where equipment is installed for the purpose of connecting communication cables. Junction Site The area within the Transmission Pathway at which a Junction is located. Kilovar (kVar) A unit of reactive power equal to 1,000 reactive volt-amperes. Kilovar-hours (kVarh) The amount of reactive flow in one hour, at a constant rate of Kilovar. Kilowatt (kW) A unit of power equal to 1,000 watts. Kilowatt-hour (kWh) The amount of energy delivered in one hour, when delivery is at a constant rate of one Kilowatt; a standard unit of billing for electrical energy. Law Any administrative or judicial act, decision, bill, Certificate, Charter, Code, constitution, opinion, order, ordinance, policy, procedure, Rate, Regulation, resolution, Rule, Schedule, specification, statute, tariff, or other requirement of any district, local, municipal, county, joint powers, state, or federal Agency, or any other Agency having joint or several jurisdiction over the City of Palo Alto or City of Palo Alto Utilities or Public Works Customers, including, without limitation, any regulation or order of an official or quasi-official entity or body. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 11 Licensed Fibers One or more fibers comprising a part of the Dark Fiber Infrastructure that are dedicated to the exclusive use of the Customer under the Provisions of the Dark Fiber License Agreement, Proposal to Dark Fiber Services Agreement and the Utilities Rules and Regulations. Licensed Fibers Route A defined path of Licensed Fibers that is identified by specific End Points. Load(s) The Electric power Demand (kW) of the Customer at its Service Address within a measured period of time, normally 15 minutes, or the quantity of Gas required by a Customer at its Service Address, measured in MMBtu per Day. Main Wastewater Line Any Wastewater line not including a building connection (Service) sewer. Master-metering Where CPAU installs one Service and Meter to supply more than one residence, apartment dwelling unit, mobile home space, store, or office. Maximum Generation For a customer with a non-utility generator located on the customer’s side of the Point of Common Coupling, the Maximum Generation for that non-utility generator during any billing period is the maximum average generation in kilowatts taken during any 15-minute interval in that billing period provided that in case the generator output is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Meter The instrument owned and maintained by CPAU that is used for measuring either the Electricity, Gas or Water delivered to the Customer. Metering The measurement of electrical power flow in kW and/or energy in kWh, and, if necessary, reactive power in kVar at a point, and its display to CPAU as required by Rule 27. Metering Equipment All equipment, hardware, software including Meter cabinets, conduit, etc., that are necessary for Metering. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 12 Meter Read The recording of usage data from Metering Equipment. Minimum Charge The least amount for which Service will be rendered in accordance with the Rate Schedule. Momentary Parallel Operation The Interconnection of a Generating Facility to the Distribution System for one second (60 cycles) or less. Nationally Recognized Testing Laboratory (NRTL) A laboratory accredited to perform the Certification Testing requirements under Rule 27. Net Energy Metering Net Energy Metering means measuring the difference between the electricity supplied through CPAU’s Electric utility Distribution System and the electricity generated by the customer-generator’s facility and delivered to CPAU’s Electric utility Distribution System over a specified twelve-month period. Net Generation Metering Metering of the net electrical power of energy output in kW or energy in kWh, from a given Generating Facility. This may also be the measurement of the difference between the total electrical energy produced by a Generator and the electrical energy consumed by the auxiliary equipment necessary to operate the Generator. Net Nameplate Rating The Gross Nameplate Rating minus the consumption of electrical power of a Generator or Generating Facility as designated by the manufacturer(s) of the Generator(s). Non-Islanding Designed to detect and disconnect from an Unintended Island with matched Load and generation. Reliance solely on under/over voltage and frequency trip is not considered sufficient to qualify as Non- Islanding. Occupied Domestic Dwelling Any house, cottage, flat, or apartment unit having a kitchen, bath, and sleeping facilities, which is occupied by a Person or Persons. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 13 Parallel Operation The simultaneous operation of a Generator with power delivered or received by CPAU while Interconnected. For the purpose of this Rule, Parallel Operation includes only those Generating Facilities that are Interconnected with CPAU’s Distribution System for more than 60 cycles (one second). Performance Test, Performance Tested After the completion of any Fiber Interconnection work, the City will conduct a Performance Test of each Fiber constituting a part of the proposed leased fibers to determine its compliance with the Performance Specifications. Performance Specifications These specifications will include, but not be limited to, criteria relating to end-to-end optical time domain reflectometer data plots that identify the light optical transmission losses in each direction along the leased fibers whenever the testing is possible, measured in decibels at a wavelength of 1310 or 1550 nanometers for singlemode Fiber, as a Function of distance, measured in kilometers. Person Any individual, for profit corporation, nonprofit corporati on, limited liability company, partnership, limited liability partnership, joint venture, business, family or testamentary trust, sole proprietorship, or other form of business association. PG&E Citygate The PG&E Citygate is the point at which PG&E’s backbone transmission system connects to PG&E’s local transmission system. Point of Common Coupling (PCC) The transfer point for electricity between the electrical conductors of CPAU and the electrical conductors of the Producer. Point of Common Coupling Metering Metering located at the Point of Common Coupling. This is the same Metering as Net Generation Metering for Generating Facilities with no host load. Point of Delivery (POD) DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 14 Unless otherwise specified, the following definitions apply: For Electric, that location where the Service lateral conductors connect to the Customer’s Service entrance equipment; for overhead Services, the POD is at the weather-head connection; for under-ground Services, the POD is located at the terminals ahead of or at the Meter; for multiple Meter arrangements with connections in a gutter, the POD is at the Meter terminals (supply-side); for multiple Meter arrangements in a switchboard, the POD is typically at the connectors in the utility entrance section; for Natural Gas, the POD is the point(s) on the Distribution System where the City delivers natural Gas that it has transported to the Customer. Point of Interconnection The electrical transfer point between a Generating Facility and the Distribution System. This may or may not be coincident with the Point of Common Coupling. Point of Receipt The designated location at which CPAU receives Gas supplied by a GSP on behalf of a GDA Customer. The Point of Receipt for Gas will be designated in the GSPA. Point of Service (POS) Where CPAU connects the Electric Service lateral to its Distribution System. For Fiber Optics Service, this is where CPAU connects the Fiber Service to the backbone. This point is usually a box located in or near the street or sidewalk and can be in the Public Right-of-Way. This point is at a mutually agreed upon location established at the time of installation. Pole Line Overhead wires and overhead structures, including poles, towers, support wires, conductors, guys, studs, platforms, cross arms braces, transformers, insulators, cutouts, switches, communication circuits, appliances attachments, and appurtenances, located above ground and used or useful in supplying Electric, communication, or similar or associated Service. Power Factor The percent of total power delivery (kVA) which does useful work. For billing purposes, average Power Factor is calculated from a trigonometric function of the ratio of reactive kilovolt-ampere-hours to the Kilowatt-hours consumed during the billing month. Power Factor is a ratio that reflects the reactive power used by a Customer. CPAU maintains an overall system Power Factor above 95% to reduce distribution system losses caused by low Power Factor. Power Factor Adjustment CPAU must install additional equipment to correct for Customers that maintain a low Power Factor, and may make a Power Factor Adjustment to a Customer’s bill to account for those costs and the additional DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 15 energy costs and losses incurred by CPAU due to the Customer’s low Power Factor. Premises All structures, apparatus, or portion thereof occupied or operated by an individual(s), a family, or a business enterprise, and situated on an integral parcel of land undivided by a public street, highway, or railway. Primary Service CPAU Electric distribution Service provided to a Customer’s Premises at a voltage level equal to or greater than 1000 volts. Producer The entity that executes an Interconnection Agreement with CPAU. The Producer may or may not o wn or operate the Generating Facility, but is responsible for the rights and obligations related to the Interconnection Agreement. Proposal for Dark Fiber Services A project-specific Service agreement that acts as a supplemental document for the Dark Fib er License Agreement. This Service agreement shall include the proposed Interconnection fees, applicable Fiber licensing fees, term of the Service, and summary of licensed Fiber elements. Protective Function(s) The equipment, hardware and/or software in a Generating Facility (whether discrete or integrated with other Functions) whose purpose is to protect against Unsafe Operating Conditions. Provision Any agreement, circumstance, clause, condition, covenant, fact, objective, qualification, restriction, recital, reservation, representation, term, warranty, or other stipulation in a contract or in Law that defines or otherwise controls, establishes, or limits the performance required or permitted by any party. Prudent Utility Practices The methods, protocols, and procedures that are currently used or employed by utilities to design, engineer, select, construct, operate and maintain facilities in a dependable, reliable, safe, efficient and economic manner. Public Right-of-Way The areas owned, occupied or used by the City for the purposes of furnishing retail and/or wholesale Electricity, Gas, Water, Wastewater, Storm and Surface Water Drainage, Refuse and recycling or DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 16 communications commodity and/or distribution Service, and the means of public transportation, to the general public, including but not limited to, the public alleys, avenues, boulevards, courts, curbs, gutters, lanes, places, roads, sidewalks, sidewalk planter areas, streets, and ways. Public Utility Easements The areas occupied or used by the City for the purpose of providing Utility Service to the general public, and all related Services offered by the City’s Utilities Department and/or Public Works Department, the rights of which were acquired by easements appurtenant or in gross, or are other interests or estates in real property, or are the highest use permitted to be granted by the nature of the City’s interest in and to the affected real property. This term incorporates all public Service easements for Utility Services that have been recorded by the City with the Recorder of the County of Santa Clara, California. Public Works Department See City of Palo Alto Public Works Department. Rate Schedule One or more Council-adopted documents setting forth the Charges and conditions for a particular class or type of Utility Service. A Rate Schedule includes wording such as Schedule number, title, class of Service, applicability, territory, rates, conditions, and references to Rules. Recyclable Materials Materials designated by the City as acceptable for recycling collection and processing. Reserved Capacity For a customer with one or more non-utility generators located on the customer’s side of the Point of Common Coupling, the Reserved Capacity for each billing period is the lesser of 1) the sum of the Maximum Generation for that period for all non-utility generation sources; or 2) the maximum average customer demand in kilowatts taken during any 15-minute interval in the billing period provided that in case the load is intermittent or subject to violent fluctuations, the City may use a 5-minute interval. Residential Service Utility Service provided to separately metered single family or multi-family, domestic dwelling. Rules and Regulations See Utilities Rules and Regulations Scheduling Coordinator An entity providing the coordination of power schedules and nominations to effect transportation and DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 17 distribution of Gas, Electric power and energy. Secondary Service CPAU Electric distribution Service provided to a Customer’s Premises at a voltage level less than 1000 volts. Service(s) Utility Services offered by the City of Palo Alto include Electric, Fiber Optics, Gas, Water, Wastewater Collection services provided by the Utilities Department (CPAU); and Refuse and Recycling, Wastewater Treatment, and Storm and Surface Water Drainage Services provided by the Public Works Department. Service Address The official physical address of the building or facility assigned by CPAU’s Planning Department, at which Customer receives Utility Services. Service Charge A fixed monthly Charge applicable on certain Rate Schedules that does not vary with consumption. The Charge is intended to recover a portion of certain fixed costs. Service Drop The overhead Electric Service conductors from the last pole or other aerial support to and including the splices, if any, connecting to the service entrance conductors at the building or other structure. Or, in the case of Fiber Optic Drops, the overhead Fiber Optics cable from the last pole or other aerial support to the building or other structure to and including the termination box. Services or Service Lines Facilities of CPAU, excluding transformers and Meters, between CPAU’s infrastructure and the Point of Delivery to the Customer. Service Territory The geographic boundaries within the City of Palo Alto limits served by the physical Distribution System of the CPAU. Short Circuit (Current) Contribution Ratio (SCCR) The ratio of the Generating Facility’s short circuit contribution to the short circuit contribution provided through CPAU’s Distribution System for a three-phase fault at the high voltage side of the distribution transformer connecting the Generating Facility to CPAU’s system. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 18 Simplified Interconnection An Interconnection conforming to the minimum requirements as determined under Rule 27, Section I. Single Line Diagram; Single Line Drawing A schematic drawing, showing the major Electric switchgear, Protective Function devices, wires, Generators, transformers and other devices, providing sufficient detail to communicate to a qualified engineer the essential design and safety of the system being considered. Special Facilities See CPAU’s Rule and Regulation 20 governing Special Facilities. Splice A point where two separate sections of Fiber are physically connected. Standard Refuse Container A Standard Refuse Container shall have the meaning described in the Palo Alto Municipal Code. A Standard Container shall also include a wheeled container with a capacity of not to exceed 32 gallons. Standby Service Back-up Energy Services provided by CPAU. Storm and Surface Water Drainage Utility Service provided to residents and business owners in the City of Palo Alto. Storm and Surface Water Drainage Service is provided by the City of Palo Alto Public Works Department. Supplemental Review A process wherein CPAU further reviews an Application that fails one or more of the Initial Review Process screens. The Supplemental Review may result in one of the following: (a) approval of Interconnection; (b) approval of Interconnection with additional requirements; or (c) cost and schedule for an Interconnection Study. System Integrity The condition under which a Distribution System is deemed safe and can reliably perform its intended Functions in accordance with the safety and reliability rules of CPAU. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 19 Tax Any assessment, Charge, imposition, license, or levy (including any Utility Users Tax) and imposed by any Agency, including the Cit y. Telemetering The electrical or electronic transmittal of Metering data in real-time to CPAU. Temporary Service Service requested for limited period of time or of indeterminate duration such as, but not limited to, Service to provide power for construction, seasonal sales lots (Christmas trees), carnivals, rock crushers or paving plants. Temporary Service does not include Emergency, breakdown, or Standby Service. Therm A Therm is a unit of heat energy equal to 100,000 British Thermal Units (Btu). It is approximately the energy equivalent of burning 100 cubic feet (often referred to as 1 ccf) of natural Gas. Since Meters measure volume and not energy content, a Therm factor is used to convert the volume of Gas used to its heat equivalent, and thus calculate the actual energy use. The Therm factor is usually in the units therms/ccf. It will vary with the mix of hydrocarbons in the natural Gas. Natural Gas with a higher than average concentration of ethane, propane or butane will have a higher Therm factor. Impurities, such as carbon dioxide or nitrogen lower the Therm factor. Transfer Trip A Protective Function that trips a Generating Facility remotely by means of an automated communications link controlled by CPAU. Transmission Pathway Those areas of the Public Right-of-Way, the Public Utility Easements and the Leased Service Properties in which the Dark Fiber Infrastructure is located. Trap Any approved equipment or appliance for sealing an outlet from a house-connection sewer to prevent the escape of sewer Gas from a main line through a building connection (service) sewer. Underground Utility District An area in the City within which poles, overhead electric or telecommunication wires, and associated overhead structures are prohibited or as otherwise defined in Section 12.04.050 of the PAMC. DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 20 Unintended Island The creation of an Island, usually following a loss of a portion of CPAU’s Distribution System, without the approval of CPAU. Unsafe Operating Conditions Conditions that, if left uncorrected, could result in harm to personnel, damage to equipment, loss of System Integrity or operation outside pre-established parameters required by the Interconnection Agreement. Utilities Department See City of Palo Alto Utilities Department. Utilities Director The individual designated as the Director of Utilities Department under Section 2.08.200 of Chapter 2.08 of Title 2 of the Palo Alto Municipal Code, and any Person who is designated the representative of the director of utilities. Utility(ies) Rules and Regulations, Rules and Regulations The compendium of Utilities Rules and Regulations prepared by the City’s Utilities and Public Works Departments and adopted by ordinance or resolution of the Council pursuant to Chapter 12.20 of the Palo Alto Municipal Code, as amended from time to time. Utility(ies) Service(s), Service(s) Electric, Ffiber optics, Wwater, Ggas, Wwastewater collection services provided by the City of Palo Alto Utilities Department (CPAU) and Refuse and Recycling, Wastewater Treatment and Storm and Surface Water Drainage services provided by the City of Palo Alto Public Works Department. Utilities User Tax (UUT) City of Palo Alto Tax imposed on Utility Charges to a Water, Gas, and/or Electric Service user. This may include Charges made for Electricity, Gas, and Water and Charges for Service including Customer Charges, Service Charges, Standby Charges, Charges for Temporary Services, Demand Charges, and annual and monthly Charges, as described in Chapter 2.35 of the Palo Alto Municipal Code. Wastewater Utility Service provided to residents and business owners in the City of Palo Alto . Wastewater Utility Services include collection and treatment of Wastewater. Wastewater Collection Service is provided by the City of Palo Alto Utilities Department, and Wastewater Treatment Service is provided by the City of DEFINITIONS AND ABBREVIATIONS RULE AND REGULATION 2 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 12-15-20143 Sheet No 21 Palo Alto Public Works Department. Water Utility Service provided to residents and business owners in the City of Palo Alto for retail use. Water Service is provided by the City of Palo Alto Utilities Department. Water Column (WC) Pressure unit based on the difference in inches between the heights of water columns as measured in a manometer. 6” WC = 0.217 psi; 7” WC = 0.25 psi. Yard Trimmings Yard Trimmings means those materials defined in Section 5.20.010 of the Palo Alto Municipal Code. (END) DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 1 A. GENERAL Rule and Regulation 3 describes Services that are offered within the jurisdictional boundaries of the City of Palo Alto. For Rules specific to each type of Service, please refer to the following Rules and Regulations: Rule and Regulation 20 – Special Electric Utility Regulations Rule and Regulation 21 – Special Water Utility Regulations Rule and Regulation 22 – Special Gas Utility Regulations Rule and Regulation 23 – Special Wastewater Utility Regulations Rule and Regulation 24 – Special Refuse and Recycling Utility Regulations Rule and Regulation 25 – Special Storm and Surface Water Drainage Utility Regulations Rule and Regulation 26 – Special Fiber Optics Utility Regulations B. ELECTRIC SERVICE 1. BASIS OF SERVICE a. Unless otherwise provided in a Rate Schedule or contract, CPAU’s Electric rates are based upon the furnishing of Electric Service to Customer Premises at a single Point of Delivery at a single voltage and phase classification. Unless specified otherwise, each Point of Delivery shall be metered and billed separately under the appropriate Rate Schedule. Any additional Service supplied to the same Customer at other Points of Delivery or at a different voltage or phase classification shall be separately metered and billed. b. The type of distribution Service (voltage, Secondary, Primary) available at any particular location may be determined by inquiry to a CPAU Engineering representative. c. If the Customer, for his or her convenience, requests Secondary or Primary Services at an alternate Point of Delivery other than the normal Point of Delivery as determined by CPAU, the Customer is responsible for all cost of providing Secondary or Primary Services at such alternate location. d. CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 2 e. See Rule and Regulation 20. "Special Electric Utility Regulations" regarding special Service requirements. 2. LOCATION OF POINT OF SERVICE a. SECONDARY SERVICE 1. OVERHEAD SERVICE AT SECONDARY VOLTAGES The Point of Service for Overhead Service at secondary voltages will normally be located at a power pole on the perimeter of the parcel to be served, which is, in CPAU’s judgment, most conveniently located and in compliance with CPAU standards and specifications and applicable building and electrical codes. 2. UNDERGROUND SERVICE AT SECONDARY VOLTAGE The Point of Service for Underground Service at secondary voltages will normally be located at the Secondary connectors of the transformer serving the Customer’s Load, or in the Secondary hand hole, if available. b. PRIMARY SERVICE The Point of Service for Primary Service will normally be at the point near the property line of the premises to be served which is, in CPAU’s judgment, most conveniently located with respect to CPAU’s transmission or distribution facilities. c. EXCEPTIONS If several buildings are occupied and used by one Customer in a single business or other activity, CPAU may, at its discretion, furnish Service for the entire group of buildings through one Service connection at one Point of Service. 3. EQUIPMENT REQUIREMENTS All new equipment in underground areas required to provide electric service to a Customer shall be pad-mounted. In addition, any three-Phase electric service connection DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 3 and any electric service connection rated at 400 Amps or greater which is located either in an underground or overhead area must be served from a pad-mounted transformer. The Utilities Director, or his/her designee, may authorize: 1) an exception to the above provisions when, in his/her opinion, a pad-mounted equipment installation in any particular instance would not be feasible or practical or 2) installation of electric service equipment in locations with limited access by utility equipment. Such installations will be considered “Special Facilities” as defined in Rule and Regulation 20, and the Applicant will be responsible for the costs described in that rule and outlined in the Service Contract as described in Rule and Regulation 5. If the Applicant wants a Point of Delivery other than at the location determined by CPAU, CPAU will work with the Applicant to assist in the selection of the alternate Point of Delivery location for the electric service equipment within the boundaries of the Applicant’s property. When the Applicant chooses a Point of Delivery location other than the location which has been determined by CPAU, the Applicant must acknowledge that such an alternate Point of Delivery location will cause CPAU personnel to incur delays when performing repairs or service restoration during emergencies. In addition to being responsible to pay for the initial cost of installation of such electric service equipment in an alternate location, the Applicant shall also be responsible to pay for any future additional labor, equipment, and material costs incurred by CPAU necessary to facilitate replacement, removal, or relocation of any electric service equipment which has been installed in an alternate Point of Delivery location at the Applicant’s request. Any installation intended to assist in “screening” of electric service equipment by landscaping or structures must be constructed in a manner which meets all of CPAU’s clearance standards. The plans for such screening must be approved by the City of Palo Alto and CPAU prior to beginning work on the screening installation. The Applicant shall provide a Public Utility Easement in recordable form for installation of such facilities within the boundaries of the property. All pad-mounted equipment will be subject to CPAU’s aesthetic guidelines. 4. EMERGENCY AND STANDBY SERVICES CPAU may provide back up Emergency, and other Standby Service to Customers as Special Facilities. See Rule and Regulation 20 "Special Electric Utility Regulations" regarding special Service requirements. DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 4 5. SERVICE DELIVERY VOLTAGE The following are the standard Service voltages normally available. Not all standard Service voltages are available at each Point of Delivery. These Service voltages are available in locations that already have this Service voltage and have sufficient capacity, as determined by CPAU, to serve the new Load. Any equipment installed on 120/240, 3 wire or 240/120, 4-wire Services shall have the capability of converting to a 120/208, 3 wire or 208 Y/120, 4-Wire Service. a. DISTRIBUTION OF VOLTAGE Alternating-current Service will be regularly supplied at a nominal frequency of approximately 60-Hertz (cycles per second). Single-Phase Three-Phase Three-Phase Secondary Secondary Primary 120/240, 3 -wire 240/120, 4-wire* 12,470, 3-wire 120/208, 3-wire 240, 3-wire* 208 Y/120, 4-wire 480 Y/277, 4-wire *Only available in special conditions as determined by the Electric Engineering Manager. b. All voltages referred to in this Rule and appearing in some Rate Schedules are nominal Service voltages at the Point of Delivery. CPAU’s facilities are designed and operated to provide sustained Service voltage at the Point of Delivery, but the voltage at a particular Point of Delivery will vary within satisfactory operating range limits. c. In areas where a certain standard Secondary voltage is being delivered to one or more Customers, CPAU may require an Applicant for new Service in such areas to receive the same standard voltage supplied to existing Customers. d. CPAU may change the voltage at which Service is delivered, including converting existing 4160 volt Primary Service to 12,470 volt Service. If CPAU notifies the DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 5 Customer that a Service voltage change is necessary, the Customer will be required to provide Service equipment capable of accepting the new voltage and meeting other CPAU requirements. Costs to provide suitable Customer’s Service entrance equipment and any other associated equipment to receive Service at the new voltage shall be borne by the Customer. 6. VOLTAGE AND FREQUENCY CONTROL a. Under normal Load conditions, CPAU’s distribution circuits will be operated so as to maintain Service voltage levels to Customers within plus or minus 5 percent of the nominal Service voltage at the Point of Delivery. Subject to the limitations above, CPAU will maintain the voltage balance between phases as close as practicable to 2.5% maximum deviation from the average voltage between the three phases. b. Voltages may be outside the limits specified above when the variations: 1. arise from Service interruptions; 2. arise from temporary separation of parts of the system from the main system; 3. are minor momentary fluctuations and transient voltage excursions of short duration which may occur in the normal operation of CPAU system; 4. are beyond CPAU’s control. c. Due to conditions beyond the control of CPAU, the Customer, or both, there will be infrequent and limited periods when voltages will occur outside of the nominal Service voltage ranges. Utilization equipment may not operate satisfactorily under these conditions, and protective devices in the equipment may operate to protect the equipment. d. Where the operation of the Customer’s equipment requires stable voltage regulation or other stringent voltage control beyond that supplied by CPAU in the normal operation of its system, the Customer, at its own expense, is responsible for installing, owning, operating, and maintaining any special or auxiliary equipment on the Load side of the Service delivery point as deemed necessary by the Customer. e. The Customer shall be responsible for designing and operating its Service DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 6 facilities between the Point of Delivery and the utilization equipment to maintain proper utilization voltage at the line terminals of the utilization equipment. f. The Customer shall not impose a Load on CPAU’s system that will cause the voltage limits in this section to be exceeded for an adjacent Service delivery point. g. When there is reasonable indication of a problem, CPAU shall test for excessive fluctuations at its own expense. Voltage checks requested by the Customer more than once in any twelve month period shall be paid by the Customer, unless CPAU determines that excessive voltage fluctuation exists. h. CPAU may institute measures to prevent the continuous operation of equipment detrimental to Service to other Customers or may discontinue Electric Service to the offending Customer. (See Rule and Regulation 20, Special Electric Utility Regulations). i. Customers are responsible for protecting their connected Loads, audio, video, and electronic equipment, including computers, from sudden voltage or frequency fluctuations outside nominal Service and frequency ranges. Such protection may include, but is not limited to, surge protectors. 7. GENERAL LOAD LIMITATIONS a. SINGLE-PHASE SERVICE 1. Single-phase Service normally will be 3-wire, 120/240 volts (or 3-wire, 120/208 volts at certain locations as now or hereafter established by CPAU) where the size of any single motor does not exceed 7-1/2 horsepower (10 horsepower at the option of CPAU). For any single-phase Service, the maximum Service size shall be 400 ampere. If the Load exceeds the capability of a 400 ampere single phase Service the Service shall be three-phase. 2. In locations where CPAU maintains a 120/208 volt secondary system, 3- wire single-phase Service normally shall be limited to that which can be supplied by a main switch or Service entrance rating of 200 amperes. Single-phase Loads in these locations in excess of that which can be supplied by a 200 ampere main switch or Service entrance rating normally DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 7 will be supplied with a 208Y/120 volt, three-phase, 4-wire Service. b. THREE-PHASE SERVICE (480 VOLTS OR LESS) Minimum Load Maximum Demand Normal Voltage Requirements Load Permitted 240/120 5 hp, 3-phase connected 400 Amperes 240 5 hp, 3-phase connected 400 Amperes 208Y/120 Demand Load 75 kVA 500 kVA 480Y/277 Demand Load 112 kVA 2,500 kVA (See Note 1) Note 1. Applicants or existing Customers with a planned or existing single or multiple building development having a maximum Demand in excess of 2500 kVA, as determined by CPAU, will be required to take delivery at the available primary voltage and are required to provide their own primary switchgear and transformer(s). Determination of maximum Demand and Service voltage will be made by CPAU and the decision of the Electric Engineering Manager will be final. 1. Where three-phase Service is supplied, CPAU reserves the right to use single-phase transformers, connected open-delta or closed-delta, or three- phase transformers. 2. Three-phase Service will be supplied on request for installations aggregating less than the minimum listed above, but not less than 3 horsepower (hp), three-phase Service, where existing transformer capacity is available. If three-phase Service is not readily available, or for Service to Loads less than 3 hp, Service shall be provided in accordance with CPAU’s applicable Rule 20 on Special Power Service requirements. 3. Residential customers requesting three-phase service shall be responsible for all labor and material costs required to provide service, including the cost of the transformer. These installations are not considered “Special Facilities” as described in Rule and Regulation 20. 4. An Applicant or existing Customer requiring Service with a maximum Demand in excess of 1000 kVA, as determined by CPAU, shall be served by a padmount transformer. No submersible or vault-installed transformers in excess of 1000 kVA will be installed by CPAU. Where an DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 8 existing underground Service must be upgraded beyond 1000 kVA, the Customer shall be required to provide adequate space for installation of the padmount transformer. In the event the Customer is unable to provide adequate space for the padmount transformer, then the Customer shall make arrangements at his or her expense to receive Service at primary voltage. c. THREE-PHASE SERVICE (OVER 2,000 VOLTS) The following three-phase primary voltage may be available as an isolated Service for a single Applicant; and where that Applicant’s Demand Load justifies such voltage. The determination will be made by CPAU. Minimum Demand Maximum Demand Normal Voltage Bank Installed Load Permitted 4,160 500 kVA 3,600 kVA 12,470 1,000 kVA 11,000 kVA Note: 4,160 volt Services will not be furnished for new Services. 8. TEMPORARY SERVICE Temporary Service is Electric Service which, in CPAU’s opinion, is of an indefinite duration at the same location, or for operations of a speculative character or of questionable permanency, or any other Service which is estimated to last less than one year. CPAU will furnish Temporary Service if the furnishing of such Service will not create undue hardship for CPAU, or its Customers, and the following conditions are met: a. The Applicant for such Temporary Service shall apply for Service on an Application form provided by CPAU Engineering and shall pay to CPAU in advance the cost of installing and removing any facilities necessary in connection with the furnishing of such Service by CPAU. b. Each Applicant for Temporary Service shall prepay a Temporary Service Fee in accordance with Electric Service Connection Fees Rate Schedule E-15. c. Nothing in this Rule and Regulation shall be construed as limiting or in any way affecting the right of CPAU to collect from the Customer an additional sum of money by reason of the Temporary Service furnished or to be furnished or DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 9 removed hereunder. d. If the Temporary Service connection time exceeds one-year, the Applicant shall apply for an extension of the Temporary Service. The Director of Utilities or his/her designee will determine if the Service should be reclassified as a permanent Service. 9. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. C. FIBER OPTIC SERVICE Fiber Optic Service includes the custom construction and licensing of single mode Fiber routes between points within the City of Palo Alto. It is the Customer’s responsibility to establish all electronic devices and networks required to pass data over their licensed CPAU Dark Fiber routes. 1. LICENSING SERVICES All Dark Fiber routes are licensed in accordance with the currently approved Dark Fiber Rate Schedules, and in compliance with the Utilities Rules and Regulations. See Rule and Regulation 26, “Special Fiber Optic Utility Regulation,” regarding special Service requirements. All CPAU fibers terminate within the jurisdictional boundaries of the City of Palo Alto. 2. OTHER SERVICES CPAU offers custom Dark Fiber construction and ancillary Services such as Fiber Optic cable splicing, engineering feasibility studies, and when specifically requested by the Customer, multimode Fiber cable installations. 3. QUALITY Dark Fiber routes in the City of Palo Alto comprised of single mode Fiber comply with generally accepted industrial standards and specifications. All construction is done using DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 10 industry accepted techniques and procedures. All constructed routes are Performance Tested to assure the industry quality standards are met. D. WATER SERVICE 1. SOURCE OF SUPPLY CPAU’s primary source of Water is the Hetch Hetchy aqueduct system, managed by the San Francisco Public Utilities Commission (SFPUC). CPAU wells also provide Emergency supply. See Rule and Regulation 21, “Special Water Utility Regulation” regarding special Service requirements. 2. QUALITY Hardness generally varies between 1 and 4 grains per gallon depending on the source. An analysis of the mineral content of the Water is available upon request from CPAU Engineering. 3. PRESSURE Water pressure varies from 30 to 125 pounds per square inch. CPAU maintains an average of 50 pounds per square inch, with the maximum and minimum pressures being experienced at the lower and higher elevations of the Distribution System. CPAU assumes no responsibility for loss or damage due to lack of Water pressure but agrees to furnish such pressures as are available in its general Distribution System. If low Water pressure occurs due to additional on-site development, it shall be the responsibility of the property owner to replace the existing Water Service with a new Water Service designed for the current site. All costs of the required new Service upgrade shall be borne by the property owner. 4. TREATMENT CPAU currently does not treat Water supplied by the SFPUC. The pH of the Water supplied is adjusted by the SFPUC to reduce its corrosive action. 5. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 11 E. GAS 1. TYPES OF SERVICES CPAU offers two general types of Gas Service:provides Full Service and Gas Direct Access Service. Full Service includes Gas supply, transportation, and Distribution Services. Gas Direct Access Service is an unbundled Service where CPAU provides Distribution Services and outside Gas Service Providers supply Gas-commodity and transport. In order to initiate Gas Direct Access Service, Customers must complete a Gas Direct Access Service Request form. Gas Service Providers will be required to execute a Gas Service Provider Agreement (GSPA). Operational requirements as well as delivery specifications, administrative fees, security deposits, Metering requirements and other requirements will be addressed in the GSPA. 2. KIND AND HEATING VALUE CPAU purchases natural Gas from several/various natural Gas suppliers. The heating value of natural Gas supplied varies depending upon the Gas fields being drawn upon. At times of insufficient supply, some artificial Gas may be supplied or mixed with the natural Gas. The average monthly heating value in British Thermal Units (Btu)-dry basis per cubic foot of the natural Gas served may vary within the limits of 750 to 1150 Btu. This average heating value is converted to a Therm factor for use as one of the factors used in calculating a composite multiplier for billing purposes. The Therm factor will be based upon the heat factor used by CPAU’s supplier of natural Gas for the preceding month. Gas is supplied by CPAU either at standard “low pressure” or at “medium pressure”. Low pressure Service is available at all points where Gas is supplied. Where available from existing high pressure mains, at the option of CPAU, high pressure Service may be supplied. However, CPAU reserves the right to lower the pressure or to discontinue the delivery of Gas at high pressure. The standard pressure for low pressure is seven inches of Water Column (WC), which is approximately 1/4 pound per square inch (psi) above atmospheric pressure. In limited circumstances, increased pressure may be provided for domestic use at 14” Water Column. This increased pressure will only be provided for domestic use if the houseline size required is greater than 2” diameter, or CPAU determines, based upon satisfactory information from the manufacturer, provided by the Customer, that an appliance to be DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 12 located in the residence requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. Increased pressure may be provided for commercial uses only if the use of the houseline size required is greater than 4” diameter, or evidence as described above establishes that equipment on the site requires increased pressure at the inlet that cannot be obtained by resizing or relocating the houseline. For commercial uses, the available pressures are 7” WC, 14” WC (approximately 1/2 psi), 1 psi, 2 psi and 5 psi. All increased pressure above 7”WC requires review and approval of the Engineering Manager, a plumbing permit and testing of the existing Gas piping with a building Inspector present in accordance with the latest adopted version of the California Plumbing Code See Rule and Regulation 22, “Special Gas Utility Regulations” regarding special Service requirements. 3. DETERMINATION OF THERMS TO BE BILLED The unit of measure for billing is the Therm which is defined as the quantity of Gas having a heating value of 100,000 Btu. Gas Meters measure volume of Gas in ccf at ambient temperature and pressure conditions. Therms are derived from the metered data by subtracting the Meter reading for the previous reading cycle from the current reading. The difference (uncorrected ccf) is multiplied by the pressure factor required to convert the measured consumption volume to a standard volume (at standard temperature and pressure conditions). This standard volume, in pressure-corrected ccf, is then multiplied by the Therm factor (a variable determined by periodic analysis of CPAU’s Gas supply) to produce the final number of Therms billed. The composite correction factor (the product of the Therm factor and the pressure correction factor) is shown on bills under the heading “multiplier.” 4. SERVICE DOWNSTREAM OF METER CPAU assumes no duty or liability for inspecting, validating or approving the safe operating condition of the Customer’s Service, appliances, or equipment downstream of the Utility Meter. F. WASTEWATER COLLECTION AND TREATMENT DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 13 1. COLLECTION CPAU operates and maintains a Wastewater Collection System separate from the storm and surface Water Collection System. A connection to the Wastewater Collection System is required for all water users where wastewater service is available. For the disposal of Wastewater from basements and floors below ground level, it will be necessary for the Customer to provide pumps or ejectors for satisfactory drainage, as approved by the Water-Gas-Wastewater Engineering Manager. If the elevation of the basement floor is above the rim elevation of the next upstream manhole, Applicant shall provide a survey by a licensed Civil Engineer indicating the elevations of the basement floor and the rim elevation of the next upstream manhole. Submission of this survey and approval by the Engineering Manager is required for exemption from the pump/ejector requirement. 2. REGULATION Chapter 16.09 of the Municipal Code regulates the discharge into the Wastewater Collection System of substances other than domestic Wastewater. See Rule and Regulation 23, “Special Wastewater Utility Regulations” regarding special Service requirements. 3. TREATMENT The collection system transports the Wastewater to the Palo Alto Regional Water Quality Control Plant for treatment. At this tertiary treatment plant, the City of Palo Alto processes the Wastewater from Mountain View, Los Altos, Los Alto Hills, Stanford University, and East Palo Alto Sanitary District, as well as its own. The treatment is performed in accordance with the National Pollution Discharge Elimination Permit issued by the San Francisco Bay Area Regional Water Quality Control Board before the treated water is discharged into the San Francisco Bay Estuary. 4. LIMITATION OF SERVICE CPAU reserves the right to limit the size of connection and the quantity of wastes disposed and to prohibit the use of the sewer for disposal of toxic or hazardous wastes detrimental to the Wastewater system or treatment plant. G. REFUSE AND RECYCLING COLLECTION 1. REGULATION DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 14 All solid waste and Recyclable Materials are governed by Chapter 5.20 of the Palo Alto Municipal Code, regulations promulgated by the City Manager pursuant to Chapter 5.20, these Rules and Regulations and the contract between the City and the City’s Collector. See Rule and Regulation 24, “Special Refuse and Recycling Regulations” regarding special Service requirements. 2. REFUSE COLLECTION The City’s Collector provides collection of solid waste, Recyclable Materials, compostables and Yard Trimmings. A minimum of one collection per week of solid waste is required of all occupied Premises. An occupied premise is one to which Water, Gas and/or Electric Service is rendered. The automatic solid waste Service level is one Standard Container for Residential Customers and two Standard Containers for Commercial Customers. The minimum Service for Residential Premises is one twenty gallon can or wheeled cart provided by the City’s Collector. The City’s Collector will provide wheeled carts at Customer’s request for curbside solid waste collection, which are subject to the same rate structure and volume capacity as the Standard Container. Customers opting for a wheeled cart must use one provided by the City’s Collector-to ensure compatibility with collection vehicles. Contents of wheeled carts shall not exceed a weight of 200 pounds. Each Customer shall receive collection Service on a City specified day of each week. Solid waste in excess of the Service level subscribed by the Customer will be removed by the City’s Collector, for an additional Charge, upon Customer request or notification. Customers exceeding their subscribed Service level repeatedly are required to subscribe to additional collection Service at the City-established rates. H. STORM AND SURFACE WATER DRAINAGE 1. RESPONSIBILITY AND PURPOSE The City of Palo Alto Public Works Department is responsible for all Drainage Facilities in the street and public right of way that collect storm and surface Water and convey it to the major channels and creeks within the jurisdictional boundaries of the City of Palo Alto. Examples include curbs and gutters, catch basins, pipelines, culverts, street, DESCRIPTION OF UTILITY SERVICES RULE AND REGULATION 3 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Sheet No 15 channels and pumping stations. The purpose of the Storm and Surface Water control facilities is to improve the quality of control, or protect life or property from any storm, flood or surplus waters. See Rule and Regulation 25, “Special Storm and Surface Water Drainage Regulations,” regarding special Service requirements. 2. STORM DRAINAGE FEE A Storm Drainage fee shall be payable to the City monthly by the owner or occupier of each and every developed parcel in accordance with Rule and Regulation 25. (END) SERVICE CONTRACTS RULE AND REGULATION 5 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Original Sheet No 1 A. TYPES OF SERVICE CONTRACTS For all Utility Services provided, the City may require a written agreement for new or existing Customers. Contracts may apply to standard, custom, or special Service offerings. The following is an illustrative list of special Services that may be the subject(s) of a contract. Additional Services may require contracts not listed here, at the discretion of the Director of Utilities. 1. Line Extensions 2. Temporary Service 3. Special Facilities 4. Utility Service to special districts and institutions 5. Work performed for other agencies at their expense 6. Transporting Gas to Customers on behalf of Gas Service Providers (GSP) 76. Transmission service 87. Special Metering and/or Billing Services 89. Special Energy Services 910. Long-term Service agreements greater than 3 years 1011. Loans and leases to finance efficiency improvements at a Customer’s site 112 Loans and leases to improve power quality or reliability at a Customers’ site 123. Standby Service 134. Purchase, lease, installation, connection or maintenance of on-site or distributed generation 145. All Fiber Optic Services 156. Reserve Electric Capacity B. CONTRACT APPLICATION PROCEDURES 1. Customers shall complete and execute applicable form(s) or letter(s), as necessary. 2. Depending on the type of Service contract and at the request of CPAU, Customers shall request consideration for a special contractual agreement in writing to the Director of Utilities and/or the Director of Public Works specifying their objectives, including the desired terms and conditions of the contract. 3. Customers shall pay all applicable fees and deposits in accordance with the terms of the contract. 4. Customers shall comply with the City’s insurance requirements. C. CONTRACT PRICING GUIDELINES For Electricity and Gas contracts, only the commodity portion of the rate will be established by contract under custom commodity rates and fixed-term commodity rates. All other Rate Schedule components and other non-bypassable Charges may be changed by Council action at SERVICE CONTRACTS RULE AND REGULATION 5 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 15-13-20143 Original Sheet No 2 any time. (END) SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 16-1-20140 Sheet No. 1 A. GENERAL CPAU will make reasonable efforts to deliver continuous and sufficient Utility Service to its Customers, but CPAU does not guarantee the continuity or sufficiency of supply. CPAU will not be liable for Service interruption, shortage or insufficiency of Utility supply, or any loss or damage occasioned thereby. B. INTERRUPTION OF UTILITY SERVICE 1. When interruptions occur, CPAU will endeavor to reestablish Service with the shortest possible delay consistent with the safety of its Customers, staff and the general public. 2. CPAU will have the right to suspend Service temporarily for the purpose of making repairs or improvements to the system. When CPAU finds it necessary to schedule an interruption to its Service, it will, where feasible, notify all Customers to be affected of the approximate time and the anticipated duration of the interruption. CPAU will endeavor to schedule interruptions at hours that will be least inconvenient to the Customers and consistent with economical Utility operations. C. SHORTAGE OF ELECTRICITY SUPPLY During times of threatened or actual shortage of supply, CPAU will apportion the available supply among its Customers based on operating conditions, public health and safety. The Director of Utilities is authorized to adjust Emergency Load shedding plans to reflect changes in personnel, Distribution Systems, Utility Services, or other factors, when, in the opinion of the Director of Utilities such adjustments will lead to better protection of the public health and general welfare. D. OVERSUPPLY OR POWER SURGES ON THE ELECTRIC DISTRIBUTION SYSTEM Power surges may occur due to conditions beyond the control of CPAU or its Customers. CPAU will make reasonable efforts to minimize power surges occurring on the CPAU Distribution System, but CPAU does not guarantee that power surges will not occur. CPAU recommends that Customers protect their connected Loads and equipment from power surges. CPAU shall not be liable for any loss or damage occasioned by power surges. SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 16-1-20140 Sheet No. 2 E. FIBER OPTIC SERVICE INTERRUPTION CPAU will make reasonable efforts to deliver continuous Fiber Optic Service to its Customers, but it will not guarantee uninterrupted Service. CPAU will not be liable for interruption of Service or any loss or damage occasioned thereby. For interruptions over 72 hours, CPAU will pro-rate the monthly license fee based on a pro-ration of the time down. F. SHORTAGE OF GAS SERVICE CPAU may reduce, interrupt, or allocate Gas supply Services for operational reasons in the event of projected or actual supply or capacity shortages. CPAU will exercise good faith efforts to furnish and deliver continuous Service and a sufficient quantity of Gas to Customers, but CPAU does not guarantee continuity of Service or sufficiency of quantity. CPAU shall not be liable for any interruption, shortage, or insufficient supply, or any loss or damage of any kind or character caused by such, if caused by Force Majeure or any other cause beyond CPAU’s reasonable control. CPAU shall be the sole judge of whether it is operationally able to receive and/or deliver Gas on its Distribution System. CPAU shall not be liable to the Customer for damages, or otherwise, as the result of any interruption, reduction, or allocation of Gas transportation capacity or delivery Service. CPAU may, in the exercise of reasonable judgment, reduce receipts or deliveries of Gas in order to test, alter, modify, enlarge, or repair any part of the Distribution System or any facility or property related to the operation of the Distribution System. In all such cases, CPAU shall give the Customers reasonable notice as circumstances will permit, and CPAU shall complete such repairs or improvements as soon as practicable and with minimal inconvenience to Customers. In the event of localized constraints, Customers in unconstrained areas may continue to receive Service; provided, however that CPAU may take whatever steps it determines are operationally necessary in the event a constraint on the Distribution System threatens Service to Customers. Reductions and/or interruptions of Gas Service to Gas Direct Access Customers is addressed in the Gas Service Provider Agreement. SHORTAGE OF SUPPLY AND INTERRUPTION OF UTILITY SERVICES RULE AND REGULATION 13 CITY OF PALO ALTO UTILITIES RULES AND REGULATIONS Issued by the City Council Effective 16-1-20140 Sheet No. 3 G. GAS CURTAILMENT PRIORITIES In the event of a projected or actual supply Curtailment, Customers will be curtailed in the following order of precedence: 1. Large Commercial Accounts 2. Small Commercial Accounts 3. Residential Accounts H. WATER SHORTAGE EMERGENCY RESPONSE During times of threatened or actual shortage of supply, CPAU will activate the Water Shortage Contingency Plan, incorporated into the City of Palo Alto’s Emergency Response Plan. These plans are consistent with both county and state Emergency planning procedures. During a short-term Water shortage Emergency, the City Water shortage response team is activated. Members include water, fire, planning, health, Emergency Services, public affairs, parks and recreations, and the City Manager’s Office. This team has identified specific water-critical Customers such as hospitals, nursing facilities, and schools. An organizational structure is in place to deliver potable Water to distribution sites, activate Water purification equipment, employ standby generators and auxiliary pumps and use Emergency Water conveyance and supply storage facilities. During long-term water shortages due to drought, the Utilities Department will implement a four- stage reduction strategy. Reduction targets will be set for all Customer classes depending on the severity and duration of the shortage. Reduction targets will be established by Council to provide a minimum of 50% of normal supply during a severe or extended Water shortage. (END) LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No G-3-1 Effective 11x-1x1-20143 dated 71-1-20123 Sheet No G-3-1 A. APPLICABILITY: This schedule applies to large commercial Customers who use at least 250,000 therms per year at one site and to City-owned generation facilities. B. TERRITORY: This schedule applies anywhere the City of Palo Alto provides natural gas service. C. UNBUNDLED RATES: Per Service Monthly Service Charge: $361.18 Per Therm Supply Charges: 1. Commodity (Monthly Market Based) .................................................... $0.10-$2.00 2. Administrative .............................................................................................$0.0074 3. Transportation ...............................................................................................$0.0435 Distribution Charge: .............................................................................................................$0.5562 D. SPECIAL NOTES: 1. Calculation of Cost Components The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or taxes. On a Customer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C. The Commodity charge is based on the monthly natural gas Bidweek Price Index for delivery at PG&E Citygate, accounting for delivery losses to the Customer’s meter. The Commodity charge will fall within the minimum/maximum range set forth in Section C. 2. Request for Service A qualifying Customer may request service under this schedule for more than one account or meter if the accounts are located on one site. A site consists of one or more contiguous parcels of land with no intervening public right-of- ways (e.g. streets). LARGE COMMERCIAL GAS SERVICE UTILITY RATE SCHEDULE G-3 CITY OF PALO ALTO UTILITIES Issued by the City Council Supersedes Sheet No G-3-2 Effective 11x-1x1-20143 dated 71-1-20123 Sheet No G-3-2 3. Changing Rate Schedules Customers may request a rate schedule change at any time to any applicable City of Palo Alto full-service rate schedule. Customers served under this rate schedule may elect Gas Direct Access at any time. {End} GAS FOR ELECTRIC GENERATION SERVICE UTILITY RATE SCHEDULE G-8 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 111x-11x-2008143 Supercedes Sheet No. G-COG-1 dated 11-1-2008 Sheet No G-8-1 A. APPLICABILITY: This schedule applies to customerCustomer-owned power generating facilities who have retained gas direct access eligibility. Gas supplied under this schedule is only available for the electric generation portion of the customerCustomer’s load purchases. B. TERRITORY: This schedule applies anywhere the City of Palo Alto provides natural gas service. C. UNBUNDLED RATES: Per Service Monthly Customer Charge: $345.00 Per Therm Charges (To be added to Customer Charge Per Therm Supply Charge: Commodity Charge ............................................................................................ $0.10-$2.00 Administrative Fee ....................................................................................................$0.0227 PG&E Local Transportation .....................................................................................$0.0212 Distribution Charge: Palo Alto Local Distribution .....................................................................................$0.1870 D. SPECIAL NOTES: 1. Calculation of Cost Components The actual bill amount is calculated based on the applicable rates in Section C above and adjusted for any applicable discounts, surcharges and/or taxes. On a customerCustomer’s bill statement, the bill amount may be broken down into appropriate components as calculated under Section C. The Commodity charge is based on the monthly natural gas Bidweek Price Index for delivery at PG&E Citygate, accounting for delivery losses to the Customer’s meter. The Commodity charge will fall within the minimum/maximum range set forth in Section C. (A) Commodity Charges The Commodity Charge for qualifying customers under this schedule may be GAS FOR ELECTRIC GENERATION SERVICE UTILITY RATE SCHEDULE G-8 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 111x-11x-2008143 Supercedes Sheet No. G-COG-2 dated 11-1-2008 Sheet No G-8-2 determined based on one of two methods: a. Weighted-Average Commodity Rate (available to all customers): i. The Commodity Charge will be equal to the City's weighted average cost of gas calculated at the PG&E City Gate for gas purchased by the City at first of the month and daily market prices for that month. ii. The commodity charge will fall within the minimum/maximum range set forth in Section C, and include the cost of transporting the gas to the PG&E City Gate. iii. Election of this commodity charge basis does not have a term, and constitutes the default billing basis for delivery should the customer not elect or renew a Fixed-Term Commodity Rate, as specified below; b. Fixed-Term Commodity Rate (available to customers with generation loads over 250,000 therms annually) i. The Commodity Charge and the term of said charge will be set at the time when the customer signs a letter acknowledging the term and price agreed upon with CPAU. The Commodity Charge shall be based upon the customer class average load shape, a risk premium, and market prices: The Commodity Charge will fall within the range set in Section C of this Schedule and will be for gas delivered to PG&E City Gate. ii. The Commodity Charge shall be fixed for a 12 or 24-month term. iii. Qualifying customers who choose to be charged under this commodity charge basis are required to sign a letter with CPAU committing to a price and term and to adhere to rules and regulations set forth in CPAU Rule and Regulation No. 5 (Contracts). The letter shall indicate the estimated gas consumption over the term of the contract rate. This consumption shall be served solely by CPAU. iv. Should the customer elect a Fixed-Term Commodity option, the customer must remain on the term rate for the term indicated on the Confirmation Schedule, providing the customer continues to receive GAS FOR ELECTRIC GENERATION SERVICE UTILITY RATE SCHEDULE G-8 CITY OF PALO ALTO UTILITIES Issued by the City Council Effective 111x-11x-2008143 Supercedes Sheet No. G-COG-3 dated 11-1-2008 Sheet No G-8-3 distribution services from the City. The confirmation Schedule shall indicate the Customer's approximate gas usage (load) over the term of the contract. This load shall be served solely by CPAU. (B) The other components of the rate: Administrative Fees, Transportation Charges, Distribution Charges and Monthly Customer Charges may be modified periodically with the Council's approval. a. The Administrative Fee is equal to the allocable administrative and overhead costs incurred by the City in providing the gas service. b. PG&E Local transportation charge is equal to the cost of transporting gas from PG&E City Gate to the Palo Alto City Gate. 2. Special Conditions Service under this schedule is subject to discontinuance in whole or in part, for operational reasons, or if the City experiences supply or capacity shortages. The City will exercise reasonable diligence and care to furnish and deliver continuous service and a sufficient quantity of gas to customers, but does not guarantee continuity of service or sufficiency of quantity. The City shall not be liable for any damage caused by interruption of service , if the interruption of service is caused by Force Majeure an act of God, Fire, Strikes, riots, war, or any other cause that is beyond the City’s control. {End} EXCERPTED DRAFT MINUTES OF THE NOVEMBER 6, 2013 UTILITIES ADVISORY COMMISSION MEETING ITEM 2: ACTION: Staff Recommendation that the Utilities Advisory Commission Recommend that the City Council Adopt a Resolution to 1) Terminate the City’s Natural Gas Direct Access Program by Repealing Gas Rate Schedule G-4; 2) Eliminate Fixed and Custom Gas Commodity Rates for Large Commercial Customers by Repealing Gas Rate Schedule G -11 and G-12; and 3) Effect the Changes by Amending Gas Rate Schedules G-3 and G-8 and Utility Rules and Regulations 2, 3, 5 and 13 Vice Chair Foster indicated that the recommended action made sense since no customers were on the rates to be eliminated, the proposed rule changes were for consistency and the result would be a streamlined process. ACTION: Vice Chair Foster moved the staff recommendation and Commissioner Chang seconded the motion. The motion carried unanimously (6-0) with Chair Cook absent. Commissioner Hall stated that he supported the recommendation, but noted that the long definitions section (Rule and Regulation 2) did not include definitions for gas transportation or gas distribution and recommended including those to add clarity for readers. Director Fong indicated that these definitions can be added either as this report goes forward or when we do a larger clean-up of the rules and regulations.