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HomeMy WebLinkAbout2001-05-29 City Council (3)City of Palo Alto City Manager’s Report TO:HONORABLE CITY COUNCIL 3 FROM:. DATE: SUBJECT: CITY MANAGER JULY 9, 2001 PROPOSED CHANGES TO PROGRAMS FOR GAS AND ELECTRIC CUSTOMERS DEPARTMENT: .UTILITIES CMR: 259:01 THE CUSTOMER CHOICE REPORT IN BRIEF In 1997 and 1999 (CMR:460:97 and CMR:148:99), Council approved direct access (DA) programs for electricity and natural gas, respectively. These programs allowed Palo Alto customers to seek alternative suppliers of electricity and natural gas which would be delivered to their facility over the City of Palo Alto Utilities (CPAU) distribution systems. To date, no CPAU customers have elected to receive supply from alternate commodity suppliers. As part of its plan to provide stable rates to its customers, CPAU has begun securing long-term supply contracts on behalf of its gas and electric commodity customers. However, there is uncertainty as to whether customers eligible for direct access will ¯ actually choose another supplier in the future. Therefore, the costs and benefits of these long-term purchases cannot be allocated to those customers eligible for direct access. Since current rules allow customers to change rate schedules at any time, there is a risk that DA-eligible customers will move between rate options at the expense of other customer groups. Therefore, it is necessary to mitigat~ against the risks imposed by the DA programs. These risks can be managed by: 1.Suspending the previously planned expansion of DA to additional customers (CMR:460:97 and CMR: 148:99).; 2.Adjusting rate schedule eligibility and description so that no long-term purchases are made on behalf of customers who wish to retain their DA-eligibility; CMR:259:01 Page 1 of 8 3.Requiring customers who choose to be served by the CPAU-managed portfolio of supplies (including the long-term purchases) to forfeit their eligibility for direct access in the future; and 4.Ensuring that PG&E local transportation and administrative costs are recovered from all customers. CMR:259:01 Page 2 of 8 RECOMMENDATION Staff and the Utilities Advisory Commission .recommend that the City Council; 1.Adopt a resolution revising the electric and gas direct access (DA)programs to: a. Discontinue the expansion of the gas and electric DA programs; b. Clarify the eligibility for large commercial customer electric rates as follows: 1) Rate schedules available for those with DA-eligibility: E-8 and E-9. 2) Rate schedules available for those with no DA-eligibility: E-7 (and all the green rates available for large commercial customers: E-7 G1, E-7 G2,. E-7 ~3); c.Clarify the eligibility for medium commercial customer electric rates as follows: 1) Rate schedules available for those with DA-eligibility: E-17 and E-11 2) Rate schedules available for those with no DA-eligibility: E-4 (and all the green rates available for medium commercial customers: E-4 G1, E-4 G2, E4 6-3); d. Clarify the eligibility for large commercial customer gas rates as follows: 1) Rate schedules available for those with DA-eligibility:G-3, G-4, G-11, and G-12 2) Rate schedules available for those with noDA-eligibility: G-7; e. Customers currently eligible for DA will forfeit their eligibility if they choose to receive service under a rate schedule available only to those without DA- eligibility. If, and when, such customers option out of DA-eligibility, they will not be eligible for DA thereafter; and f. The components of the "Supply Charges" (Commodity Charge, Administrative Fee, and PG&E Local Transportation) on gas Rate Schedules G-3, G-4, G-7, G- 11, and G-12 are adjusted so that PG&E local transportation and administrative costs are fully recovered. This change is revenue neutral as only the allocation between Supply Charge components of the rate were changed, not the Supply Charge total. 2.Adopt a resolution approving the proposed modifications to the electric and gas service rates and to Rule 19 to indicate that DA eligibility requirements are found in the rate schedules as well as the rule itself. BACKGROUND Under the electric DA program approved by the City Council (CMR:460:97), eligibility for DA was to be phased in to certain customer groups. To date, three phases out of an original planned five phases have been completed, as follows: ¯Original plan phases implemented: CMR:259:01 Page 3 of 8 _March 1998: first round - largest ten customers (each with load greater than 1 MW) who use about 39% of CPAU’s annual electric energy usage _ July 1998: second round - next largest four customers (each with load greater than 1 MW) who use about 3% of the annual usage _ July 1999: an additional 96 large customers (each .with load greater than 0.5 MW) who comprise about 30% of the annual usage Originally planned, but no~ yet implemented: _ July 2000: the additional 2,630 commercial customers who comprise about 14% of the annual usage _ July 2001: all remaining 25,000 customers, including residential The originally conceived gas DA program (CMR: 148:99) also had a phased approach to the expansion of eligibility as follows: Gas Direct Access Program: ¯ First phase from original, plan implemented in October 1999: the ten largest customers (with load greater than 250,000 therms/year) comprising 16% of CPAU’s total annual gas use ¯Originally planned, but not yet implemented: _. July 2000: an additional 2,529 commercial customers who consume 53% of CPAU’s annual gas use _ . July 2001: all remaining 20,600 customers, including residential At this point, about 72% of CPAU’s electricity load and about 16% of CPAU’s gas load are eligible to change commodity suppliers under the electric and gas DA programs, respectively. There has been very little customer interest in CPAU’s DA programs and, to date, no CPAU customers have participated in DA. DISCUSSION Under current rates and rules, the gas and electric DA programs could pose risks to CPAU since DA-eligible customers can choose an alternate supplier at any time, yet still be eligible for the standard rates with fixed prices. DA-eligible customers have made no term commitment to supply .services. However, long-term supply purchase commitments for electricity (for terms up to ten years) and gas (for terms up to three years) are planned or being made. Thus, the risk exists that those purchase commitments will be made without comparable commitments from customers. Staff proposes to manage these risks while maintaining the DA programs by making adjustments to the rules and rate eligibility. Managing the choice of rate schedules for those who wish to retain their DA-eligibility will mitigate the risks. The goal is to allow customers who are eligible for DA to make choices without impacting the group of CMR:259:01 Page 4 of 8 customers whose supplies will be managed by CPAU. That customer group will be served by standard rate schedules and .be provided the "CPAU portfolio" of supply resources. Those who wish to retain their DA-eligibility will be served from supply resources acquired from the market or from contracts that can be ended without cost. . If existing DA-eligible customers wish to be served from the CPAU-managed portfolio, they can elect the applicable "portfolio" rate, but they will, in turn, give up their DA eligibility. For the electric DA program, the existing largest (loads greater than 1 MW) DA-eligible customers will have the following choices: ° o Select an alternative commodity supplier and receive transportation and distribution only services from CPAU (Rate Schedule E’9); Elect the monthly varying commodity rate based on CPAU’s cost of market-priced electricity (Rate Schedule E-8); or Give up DA eligibility and elect the CPAU-managed portfolio with rates to be adjusted by Council as it sees fit (Rate Schedule E-7 and all the green rates available for large commercial customers: E-7 G1, E-7 G2, and E-7 G3).. For the electric DA program, existing large (loads between 500 kW and 1 MW) DA- eligible customers will have the following choices: ° o Select an alternative commodity Supplier and receive transportation and distribution only services from CPAU (Rate Schedule E-11); Elect the monthly varying commodity rate based on CPAU’s cost of market-priced electricity (Rate Schedule E- 17); or Give up DA eligibility and elect the CPAU-managed portfolio with rates to be adjusted by Council as it sees fit (Rate Schedule E-4 and all the green rates available for medium commercial customers: E-4 G1, E-4 G2, and E-4 G3). For the gas DA program, existing large (loads greater than 250,000 therms/year) DA- eligible customers will have the following choices: ° ° ° 1 Select an alternative commodity supplier and receive transportation and distribution only services from CPAU (Rate Schedule G-4); Elect the monthly varying commodity rate based on CPAU’s cost of market-priced gas (Rate Schedule G-3); Elect a fixed-term rate for a 12- or 24-month term for which the customer will sign a term commitment contract (Rate Schedule G-11); Elect a negotiated contract rate for a 12- or 24-month term for which the customer will sign a term commitment contract (Rate Schedule G-12); or Give up DA eligibility and elect the CPAU-managed portfolio with rates to be adjusted by Council as it sees fit. (Rate Schedule G-7). CMR:259:01 Page 5 of 8 For those who still wish to retain the rights to choose direct access in the future, this recommendation gives them a chance to choose among the alternative program options. However, if they wish to receive the benefits of long-range supply planning offered by the CPAU gas and electricity energy supply portfolio and elect the applicable portfolio rate option Rate Schedules (E-4, E-7, or G-7), they will forfeit their future eligibility to either select another supplier or elect any of the rate options open only to those eligible for direct access Rate Schedules (E-8, E-17, G-3, G-11, or G-12). On Gas Rate Schedules G-3, G-7’ G-11, and G,12, the Supply Charge is made up of three components: Commodity Charge, Administrative Fee, and PG&E Local Transportation. Gas Rate Schedule G-4, the gas direct access rate, provides gas transportation service only and, therefore, has only the PG&E Local Transportation component. The Total Supply Charges are adequate to recover total supply costs and do not .need to be adjusted, but an adjustment of the allocation of the costs between the three components is necessary to ensure full cost recovery of administrative and PG&E local transportation costs. The PG&E Local Transportation charge on the current rate schedules is $0.019/therm, but the cost for FY 01-02 for PG&E local transportation is $0.021/therm. Since these costs are directly passed through to customers, the rate schedules need to be changed to reflect, that cost. Administrative costs are derived from Gas Supply Business Unit (GSBU) salaries and benefits, GSBU direct expenses, and other charges allocated (for services provided by other City departments) to the GSBU. For FY 01-02, these administrative costs total $0.015/therm as opposed to the $0.004/therm charge on the current rate schedules. To ensure that these costs are recovered from all customers, the proposed Administrative Fee on the applicable Gas Rate Schedules is changed to reflect the $0.015/therm cost. Although the proposed rates increase the Administrative Fee and PG&E. Local. Transportation charge, the Total Supply Charges are unchanged and, thus, the change is revenue neutral. The changes are proposed so that costs for those electing Rate Schedules G-3, G-4, G-11, and G-12 are fully recovered. ALTERNATIVES TO STAFF RECOMMENDATION The staff recommendation presented above is preferred to these two alternatives: 1.Simply suspend direct access. This takes away the flexibility of a small number of customers who may be currently considering direct access but have not acted upon it. CMR:259:01 Page6 of 8 Continue with direct access as outlined in CMR:460:97 and CMR: 148:99. If this path is selected, modifications to additional rates schedules would be needed to mitigate any risks posed by this action. In addition, considerable staff time and expense will be incurred to administer the program and prepare for an expanded group of direct access customers. UTILITIES ADVISORY COMMISSION REVIEW AND RECOMMENDATIONS At its May 2, 2001 meeting, the UAC received an oral report.outlining the proposal to suspend the DA programs and to make the recommended rates and rules adjustments. They voted to unanimously support the ~staff recommendation. RESOURCE IMPACT These adjustments to the rates are budget neutral. Rate schedule eligibility is changed and the allocation of the components of the Total Supply Charge, but not the rates themselves. No additional staff is required. Suspension of the expansion of these programs will free up existing staff to work on other activities. POLICY IMPLICATIONS This action retains the existing gas and electric direct access programs for Palo Alto customers, but doesn’t proceed with the originally anticipated expansion of the programs. This action is consistent with the strategy in the Utilities Strategic Plan to promote commodity at or below market prices and to manage the risk of providing commodity service. TIMELINE Now through July 31, 2001 - Customers will be asked to select a rate schedule under which to receive service. Customers who choose the CPAU portfolio rate will waive the right to change electricity or gas suppliers under the direct access program. If customers make no choice by July 31, 2001, they will be placed on the monthly varying Rate Schedules (G-3 for gas, E-8 or E-17 for electricity) as of August 1, 2001. Customers who choose a rate allowing them to retain DA-eligibility can opt into the portfolio rate (and give up further DA eligibility) at any future date. At~gust 1, 2001 - The rates take effect. ENVIRONMENTAL REVIEW This program does not constitute a project for the purposes of the California Environmental Quality Act. CMR:259:01 Page 7 of 8 ATTACHMENTS Minutes from the May 2, 2001 Utilities Advisory Commission meeting Resolution suspending initially planned expansion of the electric and gas direct ° PREPARED BY: access programs Resolution amending utility Rate Schedules G-3, G-4, G-7, G-11, G-12, E-4, E-4- G1, E-4-G2, E-4-G3, E-7, E-7-G1, E-7-G2, E-7-G3, E-8, E-9, E-11, and E-17 pertaining to direct access eligibility and approving and adopting rule and regulation 19 governing electric Direct Access. ~o/..jane R~tchye ( ~u, Senior Resource Planner DEPARTMENT HEAD APPROVAL: ~ctor of Utilities CITY MANAGER APPROVAL: FI~K BENEST City Manager CMR:259:01 Page 8 of 8 RESOLUTION NO. RESOLUTION~ OF THE COUNCIL OF THE CITY Of~ PALO ALTO APPROVING THE DISCONTINUATION OF THE EXPANSION OF THE CITY OF PALO ALTO’S DIRECT ACCESS PROGRAMS FOR ITS ELECTRIC UTILITY AND GAS UTILITY CUSTOMERS WHEREAS, on March 24, 1997, the Council adopted Resolution No.. 7656, to consider a direct access program for the City"s electric utility customers and the collection Of a transition cost recovery charge from the City’s electric utility customers; WHEREAS, on December I, 1997, the Council adopted Resolution No. 7720, to approve (I) the initiation and implementation of the City’s direct access program for certain electric utility customers over five different time periods, (2) the adoption of Utility Rule and Regulation number 19, and (3) the repeal of Resolution No. 7656; WHEREAS, on June 28, 1999, the Council adopted Resolution No. 7871, to (I) approve the initiation and implementation of the City’s direct access program for its gas utility customers, over three different time periods and (2) adopt pertinent rules and regulations governing fees and charges applicable to those gas utility customers; WHEREAS, during this period of short-term wholesale price volatility, the City intends to assure its customers a reliable supply of electricity and gas at reasonably affordable and stable prices; and WHEREAS, in entering into supplementary long-term contracts for electric service and gas service, the City intends to limit the planned expansion of the electric ~utility and gas utility direct access programs -to minimize the risk of losing its utility customer base; NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE as follows: SECTION i. The Council finds that the City’s direct access program for Palo Alto electric utility customers was to be extended to those customers over five different time periods. That pl~an has not been extended to a certain number of commercial customers and all residential customers. 010703 syn 0071982 1 SECTION 2. The Council also finds that the City’s. direct access program for Palo Alto gas utility customers was to be extended to those customers over three different time periods. That plan has not been extended to a certain number of commercial customers and all residential customers. SECTION 3. In view of current wholesale electric and gas price volatility and the City’s plans to address such volatility by negotiating long-term energy and gas contracts, the City finds that the public .health, safety and welfare requires the discontinuation of the expansion of the electric utility and gas utility direct .access programs, or the City otherwise will incur risk in losing its electric utility and-gas utility customer base. SECTION 4. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act and the CEQA Guidelines and, therefore, no environment assessment ms required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Mayor APPROVED: City Attorney City Manager Director of Utilities Director of Administrative Services 010703 syn 0071982 2 RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF PALo ALTO AMENDING UTILITY RATE SCHEDULES G-3, G-4, G-7,G-If, G-12, E-4, E-4-GI, ’E-4-G2, E-4-G3, E-7,E-7-GI, E-7-G2, E-7-G3, E-8, E-9, E-If, AND E-17 PERTAINING TO DIRECT ACCESS ELIGIBILITY AND AMENDING RULE AND REGULATION 19 GOVERNING ELECTRIC DIRECT ACCCESS The Council of the .City of Palo Alto does hereby RESOLVE as follows: SECTION i.Pursuant to Section 12.20.010 of the Palo ¯ Alto Municipal Code,Schedules G-3 (Large Commercial Core Gas Service), G-4 (Large Commercial Core Gas Transportation), G-7 (Large Commercial Core Gas Service), G-If (Large Commercial Fixed-Term Commodity Gas Service), G-12 (Large Commercial Custom Commodity Gas Service), and E-4 (Medium Commercial Electric Service),E-4-GI (Medium Commercial Green Power Electric Service),E-4-G2 (Medium Commercial Green Power Electric Service),E-4~G3 (Medium Commercial Green Power Electric Service),E-7 (Large Commercial ElectricService), E,7-GI (Large Commercial Green Power Electric Service), E-7-G2 (Large Commercial Green Power .Electric Service), E-7-G3 (Large Commercial Green Power Electric Service), E-8 (Large Commercial Electric Service), E-9 (Large Commercial Direct Access Electric Service), E-f1 (Medium Commercial Direct Access. Electric Service), and E-17 (Medium Commercial Electric Service) of the Palo Alto Utilities Rates and Charges are hereby amended to read in accordance with Sheets G-3-1, G-3-2, G-4-1, G-4-2, G-7-1, G- 7-2, G-If-I, G-II-2, G-12-1, G-12-2, E-4-1, E-4-2, E-4-3, E-4- GI-I, E-4-GI-2, E-4-GI-3, E-4-G2-1, E-4-G2-2, E-4-G2-3, E-4-G3- i, E-4-G3-2, E-4-G3~3, E-7-1, E-7-2, E-7-3, E-7-GI-I, E-7-~I-2, E-7-GI-3, E-7-GI-4, E-7-G2-1, E-7-G2-2, E-7-G2-3,E-7-G2-4, ET- G3-1, ET-G3-2,E-7-G3-3, E-7-G3-4, E-8-1, E-8-2,E-8-3, E-8-4, E-9-1, E-9-2,E-If-I, E-II-3, E-17-1, E-17-2,and E-17-3, respectively,attached hereto and incorporated herein by reference. The foregoing Utility Rate Schedules, as amended, shall become effective on August I, 2001. SECTION 2. The Council finds that the revenue derived from the authorized adjustments of theseveral gas service rates shall be used only for the purposes set forth in Article VII, Section 2, of the Charter of the City of Palo Alto. -SECTION 3.Pursuant to Section 12.20.010. of the Palo Alto. Municipal Code~ Rule and Regulat’ion 19 (Direct Access) of the Utilfty Rules and Regulations is hereby amended to read in accordance with the sheet captioned "Direct Access" and ~Rule and Regulation 19," Sheet No. i,attached hereto and incorporated herein by this reference. // 010703 sm 0072072 SECTION 4. The Council finds that the adoption of this resolution does not constitute a project under the California Environmental Quality Act, California Public Resources Code section 21080, subdivision (b) (8). INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Senior Asst. City Attorney Mayor APPROVED: City Manager Director of Utilities Director of Administrative Services 010703 sm 0072072 2 EXCERPT UAC MINUTES MAY 2, 2001 MEETING Revisions to the Direct Access Program We are now at item 7. There was no document here. This is the Revisions to the Direct Access Program. Is there a presentation? Balachandran: Yes. Jane is going to make a presentation on some changes to the direct access program. We have talked about it. We have heard some suggestions from you in the past and we are going ahead with some of our power purchase recommendations with SOC. We need to do something.with our direct access program: She will make the presentation. Ratchye: This, as we said there were no written materials for this. It is going to be an oral presentation. We are going to ask you to approve, generally, the concept that we are talking about here and then we will proceed with a CMR to the Council. First, I am going remind everyone what the original proposals were for these direct access plans for gas and electric and then talk about the risks that we currently face in the current market with a direct access plan and how they can be mitigated for each of the gas and electric d a programs in our plans to mitigate those risks and then what the next steps are for what we are planning to do. So, the first program, the Electric Direct Access program, there are phases of that which have been implemented. We have opened to direct access for a customer group of a. size at least half a megawatt but the planned expansion of that program as of last July and this coming July to explain it to you first, include all commercial customers and then including all customers, we. have not implemented and we are going to recommend tonight not to expand. In the Gas Direct Access program as originally conceived, we were planning also a roll-out of ultimately opening the gas commodity service to all customers. Right now it is only open to our large commercial customers, those that are served currently by,the G7 or G3 rates and we never did take the steps we originally contemplated to extend that program to all the commercial customers and then even to the residential customers. And the reasons we did not do that - there are risks to having customers have the choice to leave you at any time and those are risks that need to be mitigated. We want to tighten up those rules and also we are making long-term purchases, as you know, in electricity and we are making longer term purchases in gas than we have before. As we have presented to you, I think we are implementing a three year laddered approach to purchase gas to get some cost stability longer term than we have seen in response to the volatility we have experienced this past year. So, in light of these long-term commitments, we feel that we really need to tighten up all the rules and rates around Direct Access and re-examine that. So, let me go through what we are proposing to do for gas and I think you have heard part of this already. We would like to stop any further expansion of the program at this time. We have seen to date very little customer interest in this program anyway and we are also now going to offer as of July 1st our customers essentially four, depending upon how you count it, 5 choices and the first choice - they can retain their direct access eligibility but get on to our G3 rate which is a market based rate that changes every month and that is very similar to PG&E’s rates right now. So they could get on that rate but they would not have any cost certainty. If they wanted to retain their DA eligibility and have some cost certainty, they could sign some contract with us, either one of the fixed term rates, a 12 or a 24 month fixed term rate or a custom contract for some period of time. Therefore, they would be committed to us for our commodity service for the length of the term they signed on and so we would hedge that right as they made that commitment so we would not hold any risk in that situation. The other alternative we are allowing them to do is, if they want to be on the.PA managed portfolio, be part of this laddered approach that we are going to do for our G1 and kG2 customers the residential and small commercial customers, then they can opt into the rate that actually these guys are currently.on right now, which is G7 and that would be, you can call it fixed rates - you know they are fixed right now unless the Council changes them, and so in order to jump onto that rate or opt into that rate as of July 1st, they would have to give up their rights to direct access because then they would be part of these long-term purchases, part of the portfolio.. The final alternative they have is to seek commodity service from a third party from some other supplier, in other words, act on their right to direct access. For Electric,. we are proposing a similar program. Again, no expansion of the current program but we are only going to offer one less choice than we are in gas. The first one is just like the gas one, it is a monthly varying rate, change every month, depending on the Cost. They could, as with the G7 go to E7and give up their DA eligibility, they could seek an alternate supplier. For the Electric program though, we do not want to offer at this time, fixed term or contract rates for electricity. The reason for that is, that in the gas area it is very easy for us to back to back hedge when they make a commitment, we buy that on the wholesale side, it is a pretty easy to match that pretty precisely. However, there is no such security, we feel that we cannot hedge the such a rate offer in electricity in any term. As you know, we cannot predict what Western rates might be so it is very difficult for us, or close to impossible to hedge that. The only potential for offering a fixed term rate and we would consider it if there is customer interest would be to have it essentially be a market rate. We don’t think there would be any interest in at the moment. But, if times change and rates come down, or whatever, there could be a time when that would be a reasonable rate offering we could make to customers, but at this time if we constructed it that way, it would be clearly unpopular so no one would ever take it so that there would be no reason to create it so the only choice they have if they want to retain their DA eligibility for electric then will be this monthly varying E8 rate and that would be a rate that consists of our Western, our Calaveras, our Seattle City Light contracts and everything about our portfolio except these new long-term contracts commitments. So that is what we are proposing there to mitigate those risks. So we are asking the UAC recommend that Council approve the suspension of the existing gas and electric direct access programs and to change the rules and the tariff eligibility as described in the oral presentation. We are going to prepare a CMR with those recommendations depending on the feedback we get from the UAC tonight and then we would need to inform the electric Direct Access eligible customers of the rate options that we are proposing to make available to them as of July 1st. We have already done a letter like that to the DA eligible customers in the gas program and they have already seen those choices and they understand that they need to make some choice by July 1st. So, I am ready to take your questions about that: Carlson: I am glad we are doing this. This is certainly thought through than the State policy which ends it entirely. This gives people some reasonable options. The only concern I have is in the Electric program. I am not quite sure what the portfolio is that you are offering. If it is a combination of our existing long-term contracts, plus the spot market, which is what I think it is, is that what it is? Ratchye: That is what it is. It is everything except these new purchases that we would make. Carlson: O.K. My concern is that right now that rate would be very high. Two years from now, that rate could look real interesting. Are we at risk - I mean it sounds impossible but I think it really isn’t - of a lot of people jumping on that band-wagon in that time period? Ratchye: You are reminding me of a very key item I did not mention. When people make these choices, let’s go to the gas example for now, they have until July Ist to make the choice. If they choose to go on G7 they have given up their DA rights. So, from then on, they have no choices. They are just like the G1 customers. They get GI. That is the only rate they are eligible for. G2 customers are eligible for G2 and G2 only. If they opt into the PA Manager Portfolio G7 will be there rate. That is not to say that in the future we may offer some alternative rate to PA Portfolio customers but we are not proposing it at this time. They can either retain their DA eligibility and choose G3, one of the fixed term rates or even DA but once they choose G7 {hey are in the portfolio and they no longer have DA. They are no longer eligible for G3, the fixed term rates or G4. Carlson: In electric it would be E8 and they would be crazy to pick that right now and we don’t give them the option of being on G7 for awhile and then shifting on E7 for awhile and then shifting to E8 for awhile. Ratchye: That is:correct. Carlson: Great. Fine. You’re covered. Dawes: ¯ Just to reassure me, I assume that all of the either E8 or G7 which are a cost based that we include full costs, in other works, all of the Utilities Department’s overheads, etc. not just the straight commodity Ratchye: Yes, that is right. That would be required under the commodity pricing policy. Dawes: Again to reiterate, no customers have selected DA in either gas or electric at this time. Ratchye: Not to date. Bechtel: You have said that there are no longer eligible for DA once. they opt into one of these. Under what conditions can they change their position? Does it take an act of City Council? Ratchye: I suppose.it could take an act of City Council. The way we have thought about it, sort of conceptually for gas for example, since we are doing these three year purchases we thought of a couple of.things. One of them is do you need togive us 3 years, notice? The other one is you have to buy out of the Portfolio-because the only time someone is going to do this obviously is if prices decline essentially or our Portfolio purchases are under water, looks better in the market and people will choose and if they want to go there they are going to have to buy their way out of the portfolio. That is what we are thinking cenceptually is they can potentially get out but there will be some costs that they will have to pay. Bechtel: Oh, but that would all be handled by you folks and it does not sound like it would be a legal- Ratchye: No, it would be fairly easy to track what these have cost us, we have bought them on your behalf, you are now opting out of the Portfolio, Here essentially, the cost and windings to liquidate the positions we took on your behalf. Fer.quson: If there, are no other comments a motion. Bechtel: I move staff recommendation with regard Changes. to the Direct Access Program Carlson: Second. Fer,quson: Anymore discussion. All those in favor say aye. Non opposed. Thank you. That passes - we are at Item 8 - the MOU