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HomeMy WebLinkAbout2004-09-13 City CouncilCity of Palo Alto City Manager’s Report 2 TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:SEPTEMBER 13, 2004 CMR:367:04 SUBJECT:FINANCE COMMITTEE RECOMMENDATION FOR ADOPTION OF A RESOLUTION FOR WESTERN POST-2004 BASE RESOURCE PERCENTAGE ASSIGNMENT TO NCPA COMMITTEE REVIEW AND RECOMMENDATIONS The Committee voted, tl~ree to zero with Council member Freeman absent, on August 3, 2004 to accept staff’s recommendation for Council’s approval of the attached resolution approving a request for assignment of Palo Alto’s base resource percentage to Northern ¯ California Power Agency 04-SNR-00XXX with the United States Depamnent of Energy, Western Area Power Administration. RECENT DEVELOPMENT Palo Alto received, as expected, its own edition of the model contract referenced in the Utilities Advisory Commission report and in the Council Finance Committee report. Palo Alto’s edition is identical to the model except for the differences in city name, contract number and size of Base.Resource Percentage being assigned. Palo Alto’s edition is included as attachment B. CMR:367:04 Page 1 of 2 ATTACHMENTS A~CMR:366:04 Approval Of A Resolution Requesting Assignment of Palo Alto’s Base Resource Percentage to Northern California Power Agency 04-SNR-00XXX With The United States Department of Energy, Western Area Power Administration B~ PREPARED BY: DEPARTMENT APPROVAL: Request for Assignment of Palo Alto’s Base Resource Percentage to Northern California Power Agency 04-SNR-00745 TOM ~B~T "~ ~ Senior Resource Or}g~ator CITY MANAGER APPROVAL Assistant City Manager CMR:367:04 Page 2 of 2 TO:HONORABLE CITY COUNCIL ATTENTION:FINANCE COMMITTEE FROM:CITY MANAGER DEPARTMENT: UTILITIES DATE:AUGUST 3, 2004 CMR:366:04 SUBJECT:APPROVAL OF A , RESOLUTION REQUESTING ASSIGNMENT OF PALO ALTO’S BASE RESOURCE PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY 04-SNR-00XXX WITH THE UNITEDSTATES DEPARTMENT OF ENERGY, WESTERN AREAPOWER ADMINISTRATION . REPORT IN BRIEF For the past several years, staff has infomaed Council of significant changes occurring as the City’s Western Area Power Administration (Western) contract is renewed for 2005- 2024. Palo Alto’s Westena Base Resource will essentially be an 11.62% share of the Central Valley Project net output.. In order to maintain the status quo of being able to produce cost savings tlvough Westen~ resource poolingl Western requires customers to assign their Base Resource Percentage to their pooling entity, Northern California Power Agency (NCPA) in Palo Alto’s case. Staff estimates the preserved savings to be approximately $650,000 per year. CMR:366:04 Page 1 of 4 RECOMMENDATION Staff requests Council’s approval of the attached resolution approving a request for assignm~ent of Palo Alto’s base resource percentage to Northern California Power Agency 04-SNR-00XXX with the United States Department of Energy, Western Area Power Administration. BACKGROUND For about 20 years Western has allowed the NCPA pool members including Palo Alto to enjoy the benefits of cooperatively pooling their Western resource to achieve a variety of cost reductions compared to the costs of meeting loads separately with separate shares of Western resource. This has saved Palo Alto millions of dollars without exposure to risky positions. Palo Alto has always, conformed, and will continue to conform, to federal power lnarlceting policies. Starting in 2005, Western is increasing its requirements for proof of adherence to its longstanding policy of prohibiting customer resale of federal power. Westen~’s post-2004 marketing program requires customers who seek to pool their Western resource to assign their Base Resource percentage shares ~BR%) to the pooling aggregator in a revocable manner. On July 7, 2004 the Palo Alto Utilities Advisory Comlnission voted 5-0 to recommend that Council approve staffs recommendation to assign Palo Alto’s Western post 2004 Base Resource allocation percentage to NCPA for pooling purposes. DISCUSSION Analysis by staff and NCPA shows a Pa]o Alto share of savings of approximately $650,000 per year achievable it~ the post-2004 period from load diversity and power delivery arrangements to certain customers who are directly connected to the Western transmission system. This savings amount can fluctuate with a variety of factors, including load growth in Palo Alto, in other member cities, particularly in cities like Roseville which are directly connected to the Western transmission system. The risk to the volume of savings may be. mitigated by worldng cooperatively with directly connected members who have loads exceeding their Western allocations and their internal generation. Those are NCPA members like Roseville, Redding and Turlock. The savings would not be impacted by Palo Alto’s own generation acquisitions or operations. Pool principles have members avoid being economically harmed by pooling and allow members to share positive savings that result from pooling. CMR:366:04 Page 2 of 4 The assignment agreement maintains all of Pa]o Alto’s rights and obligations as they pertain to an active Base Resource contract with a 0% BR share. This allows Palo Alto to maintain an active relationship with ~Vestern and to participate independently in other Western products if approved by Council. The agreement assigns only the BR% share amount of 11.62% to NCPA to enable the continued realization of pooling savings. NCPA would continue to handle the daily scheduling of energy associated with Palo Alto’s ! 1.62% share of the Base Resource. The assignment agreement allows NCPA to aggregate the assigned allocation percentages of all its participating members and to have a Base Resource contract of its own with an allocation equal to the sum of those assigned to it. To enable the orderly unwinding of agreements, the assigned allocations will be listed by city and percentage share in a table in NCPA’s Base Resource contract. At the cun-ent tilne it is expected that all ten NCPA pool members will participate in this assignment a~a’angement. Other non-pool melnbers have expressed interest in this arrangement and may participate at a later date. The assignment agu’eement is revocable by Palo Alto upon 90 days prior written notice. The assignment will run from 1/1/2005 through 12/31/2024. The assignment agreement is for execution by Palo Alto and NCPA with an acka~owledgement by Western. In order to have time to develop and implement associated pooling benefit allocation algorithms and information management systems, NCPA requests that members interested in assignment secure needed Council approvals by September 30, 2004. A final draft of the assignment contract prepared for Healdsburg is attached. Staff has requested and will receive a substantially identical executable original contract from Western. RESOURCE IMPACT Approval of the assignment contract will maintain the stares quo with respect to duties and responsibilities split b<tween Palo Alto and NCPA. Therefore approval has no impact on Palo Alto staff resources. Under current assumptions staff estimates savings to be approximately $650,000 per year. POLICY IMPLICATIONS Executing tlae assignment contract is consistent with .Primary Portfolio Planning Objective 2: Provide superior financial performance to customers and the City by maintaining a supply portfolio cost advantage compared to market cost (CMR:425:01). CMR:366:04 Page 3 of 4 TIM[ELINE UAC approval was secured on July 7,2004. With Finance Committee approval, Staff will seek Council approval on September 13, 2004 and sign the agreement in October for an effective date of January 1, 2005. ENVIRONMENTAL REVIEW Executing the assignment contract does not constitute a project for the propose of the California Environmental Quality Act. .The assignment of Base Resource percentage allocation to NCPA does not impact the volume, timing or temperature of water flows in rivers. River flow is governed by other constraints and is managed through releases from regulating reservoirs just downstream of power generating reservoirs. The assignment of Base Resource percentages will on sonae days improve the release schedule of water from power generators into regulating reservoirs to be a societally more efficient timing of use of existing generators. ATTACHMENTS A: Model Contract 04-SNR-00XXX Request for Assignment of Member’s Base Resource Percentage to Norflaern California Power Agency B: Minutes of July 7, 2004 Utilities Advisory Conamission Meeting C: Resolution Approving A Request for Assignment of Palo Alto’s Base Resource Percentage to Northern California Power Agency 04-SNR-00XXX with the United States Departlnent of Energy, Western Area Power Administration PREPARED BY: TOM .BAT Senior Resource O iginator DEPARTMENT HEAD: :tor of Utilities CITY MANAGER APPROVAL: HARRI[SON Assistant City Manager CMR:366:04 Page 4 of 4 CMR:366:04 Art. A Contract 04-SN R-00XX~ REQUEST FOR ASSIGNMENT OF CITY OF HEALDSBURG’S BASE RESOURCE PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY BACKGROUND: 1.1 The City of Healdsburg (Healdsburg) is a municipal corporation, organized and existing under the laws of the State of California. 1.2 Healdsburg has entered into Contract 00-SNR-00324, dated August 4, 2000, with Western Area Power Administration (Western), which provides Heatdsburg with a percentage of Western’s Base Resource power beginning January 2005. 1.3 The Northern California Power Agency (NCPA) is a joint powers agency, organized and existing under the laws of the State of California. 1.4 Healdsburg is a member of NCPA. 1.5 As a member of NCPA, Healdsburg desires to have Western assign Healdsburg’s Base Resource Percentage under Contract 00-SNR-00324 to NCPA so that NCPA may create a power resource portfolio for the mutual benefit of qualified NCPA members. ASSIGNMENT OF BASE RESOURCE PERCENTAGE: 2.1 Healdsburg hereby requests assignment of its 0.18594 percentage ofthe Base Resource under Exhibit.A to Contract 00-SNR-00324 to NCPA. 2.2 NCPA is agreeable to taking responsibility for Healdsburg’s 0.18594 percentage of the Base Resource. 2.3 Healdsburg shall retain its Base Resource Contract 00-SNR-000324 with a 0.000 percent of the Base Resource during the term of assignment to NCPA. 2.4 Any allocation changes made pursuant to the 2004 Power Marketing Plan shall apply to Healdsburg’s Base Resource Percentage, regardless of the contract under which the allocation is being administered. 2.5 No action will be required of Healdsburg under Contract 00-SNR-00324 during the time that NCPA is holding Healdsburg’s Base Resource Percentage under Contract 04-SNR-00XXX. Page 1 of 3 R:\Grouus\Pwrmrkt\N6200\haas\NGPA\assi~nm~.nt (NGPA~ rtr~r:. Cor~tract 04-SNR-00XXX 2.6 This Assignment shall remain in full force and effect until the earlier of: 2.6.1 December 31,2024; or 2.6.2 Such time that Healdsburg requests reassignment of its Base Resource Percentag_e by providing ninety (90) days written, notice to the Sierra Nevada Region o.fWestern. 2.7 NCPA and Healdsburg shall jointly and severally indemnify and hold Western harmless from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from this Assignment. AGR-IEEMIENT: ¯ All parties to this Assignment hereby agree that this Assignment will become effective on the first day of the first month following the date of approval by the Administrator of the Western Area Power Administration or a later date if agreed to by.Western and Healdsburg. CITY OF HEALDSBURG Attest: By:. Title: By: Title: Address: Date: 401 Grove Street Healds.burq, CA 95448-4723 Attest: By: Title: NORTHERN CALIFORNIA POWER AGENCY By: Title: Address:t 80 Cirby Way Roseville, CA 95678 Date: Page 2 of 3R:\Groups\Pwrmrkt\N6200\haas\NCPA\assiqnment (NCPA~ ant Contract 04-SNR-00XXX The above Request for Assignment of City of Healdsburg’s Base Resource Percentage under Contract 00-SNR-00324 to the Northern California Power Agency is hereby approved. Date: Michael S. Hacskaylo Administrator Western Area Power Administration Page 3 of 3 CMR:366:04 Att. B UTILITIES ADVISORY COMMISSION EXCERPT July 7, 2004 ITEM NO. 4: Western 2005-2024 Base Resom’ce Percentage Assignment to NCPA Ulrich said staff does not have a formal presentation. Expect the best way to cover this information is by the COmlnissioners asldng questions. The agreement has the provision for us to get out with short notice so we can get out at any time to hold the contract the way we do now. Benefits are rather significant and We appreciate your concurrence. Melton asked if initiative is driven by Western’s rules and regulations. We didn’t choose to do but need to do. What is the background of why this exists. Kabat said YeS, Western has allowed pooling of resources for past 20 years and is now changing provisions that to qualify to pool resources you must assigaa your base resource percentage to a resource pooling entity. Balachandran added that Western Dawes asked about several years ago when we had the hydro blow-off and CPAU was selling power to other powers. Is this in any way related to that issue or different? Could be sold outside of the Muni-fi’aternity? Balachandran - its’ not related. A commissioner asked i~:this represents new savings that we do not already achieve. Kabat- This is to try to maintain the status quo of saving money by pooling, about $650,000 a year going forward. If we don’t pool,.we would .have to pay more. Assigning to continue ’pooling can be viewed as either avoiding a future cost or continuing current sagings. Motion: Rosenbauln moved to accept staff recolnmendation. Bechtel second. Motion ApproVed: 5-0 Unanimous. UAC Minutes 7/7/2004 Page 1 of 1 CMR:366:04 Atto C ***NOT YET APPROVED*** RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PhLO ALTO APPROVING A REQUEST FOR ASSIGNMENT OF PALO. ALTO’S BASE RESOURCE PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY 04-SNR-00XXX WITH THE UNITED STATES DEPARTMENT OF ENERGY,WESTERN AREA POWER ADMINISTRlkTION WHEREAS, the City of Palo Alto "City"), a municipal utility and a chartered city, is a "Preference Customer" of the Western Area Power Administration ("Western") of the United States Department of Energy; WHEREAS, the City has a twenty-year contract with Western for an 11.62% share of Western’s "Base Resource", in effect from January i, 2005 through December 31, 200.4; WHEREAS, the City, and some other Western customers with Western’s consent, have operated a resource and load sharing pool for the past two decades; WHEREAS, the pooling of resources and loads is expected to continue to save money for the City in the futdre; WHEREAS, Western will’ continue to allow an~ encourage pooling but only if each participant executes an assignment of its "Base Resource Percentage" to the pooling entity, the Northern California Power Agency ("NCPA") ; WHEREAS, the City will continue to exercise its rights and obligations under the Base Resource contract, though it will have a zero Base Resource volume level and no associated customer responsibilities; WHEREAS, the City will continue to abide by Western’s federal power marketing policies; and WHEREAS, the City may enter into additional contracts with Western at any time to meet its needs, and can terminate the assignment to NCPA upon 90 days’ prior written-notice; NOW, THEREFORE, the Counci! of the City of Palo Alto does RESOLVE as follows: SECTION i. The Counci! hereby approves the City of Palo Alto’s execution of the "Request for Assignment of Palo Alto’s Base Resource Percentage to Northern California Power Agency 04- 040727 cl 0072430 ***NOT YET APPROVED*** SNR-00XXX with the United States Department of Energy, Western Area Power Administration. The City Manager is hereby authorized to sign the agreement on behalf .of the City of Palo Alto. SECTION 2. The Council finds that this is not a project under the California Environmental Quality Act and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. Cit~y Attorney Mayor APPROVED: City Manager Director of Utilities Director of Administrative Services 040727 cl 0072430 2 Contract 04-SNR-00745 REQUEST FOR ASSIGNMENT OF CITY OF PALO ALTO’S BASE RESOURCE PERCENTAGE TO NORTHERN CALIFORNIA POWER AGENCY BACKGROUND: 1.1 The City of Palo Alto (Palo Alto) is a municipality. 1.2 Palo Alto has entered into Contract 00-SNR-00336, dated October 26, 2000, with Western Area Power Administration (Western), which provides Palo Alto with a percentage of Western’s Base Resource power beginning January 2005. 1.3 The Northern California Power Agency (NCPA) is a joint powers.agency, organized and existing under the laws of the State of California. 1.4 Palo Alto is a member of NCPA. 1.5 As a member of NCPA, Palo Alto desires to have Western assign Palo Alto’s Base Resource Percentage under Contract 00-SNR-00336 to NCPA so that NCPA may create a power resource portfolio for the mutual benefit of qualified NCPA members. ASSIGNMENT OF BASE RESOURCE PERCENTAGE: 2.1 Palo Alto hereby requests assignment of its 11.62024 percentage of the Base Resource under Exhibit A to Contract 00-SNR-00336 to NCPA. 2.2 NCPA is agreeable to taking responsibility for Palo Alto’s 11.62024 percentage of the Base Resource. 2.3 Palo Alto shall retain its Base Resource Contract 00-SNR-000336 with a 0.000 percent of the Base Resource during the term of assignment to NCPA. 2.4 Any allocation changes made pursuant to the 2004 Power Marketing Plan shall apply to the Base Resource Percentage referred to in Section 2.1 of this Assignment, regardless of the contract under which the allocation is being administered. 2.5 No action will be required of Palo Alto under Contract 00-SNR-00336 during the time that NCPA is holding Palo Alto’s Base Resource Percentage under Contract 04-SNR-00XXX. Page 1 of 3 Contract 04-SNR-00745 2.6 The Assignment shall remain in full force and effect until the earlier of: 2.6.1 December 31,2024; or 2.6.2 Sixty (60) days after Western has approved Palo Alto’s written request for reassignment of its Base Resource Percentage, which approval shall not be unreasonably withheld or delayed. 2.7 NCPA and Palo Alto shall jointly and severally indemnify and hold Western harmless from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the Assignment. AGREEMENT: All parties to the Assignment hereby agree that the Assignment will become effective on the first day of the first month following the date of approval by the Administrator of the Western Area Power Administration or a later date if agreed to by Western and Palo Alto. CITY OF PALO ALTO By: Title: Address:250 Hamilton Avenue Palo Alto, CA 94301-2593 Date: Attest: By: Title: NORTHERN CALIFORNIA POWER AGENCY By: Title: Attest: By: Title: Address: Date: 180 Cirby Way Roseville, CA 95678 Page 2 of 3 Contract 04-SNR-00745 The above Request for Assignment of City of Palo Alto’s Base Resource Percentage under Contract 00-SNR-00336 to the Northern California Power Agency is hereby approved. Date: Michael S. Hacskaylo Administrator Western Area Power Administration Page 3 of 3