HomeMy WebLinkAboutStaff Report 2303-12131
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Utilities
Meeting Date: January 16, 2024
Staff Report:2303-1213
TITLE
Approval of a Substation Improvement Agreement With Tesla Inc. to Install Improvements and
Reserve Capacity at Hanover Substation, and Approval of a Fiscal Year 2024 Budget
Amendment in the Electric Fund to Establish the Hanover Substation Upgrade Project (EL-
24001); CEQA Status – Exempt under CEQA Guideline Sections 15301 and 15302
RECOMMENDATION
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute the Substation
Improvement Agreement (SIA) and attached Capacity Reservation Agreement between
the City of Palo Alto and Tesla for the design and construction of a substation
improvements at the City of Palo Alto’s Hanover Substation (Attachment A).
2. Amend the Fiscal Year 2024 Budget Appropriation for the Electric Fund (requires a 2/3
vote) by:
a. Establish the Hanover Substation Upgrade Project (EL-24001) in the amount of
$15,000,000; and
b. Decrease the Electric Fund Operations Reserve by $15,000,000.
EXECUTIVE SUMMARY
Tesla is moving its engineering headquarters to the former HP Headquarters at 1501 Page Mill
Road where it will perform advanced research and development to support the vehicles and
products it produces. The City is proposing to rebuild the existing Hanover Substation to replace
the existing substation facilities, which are nearing the end of their useful life, and to
accommodate Tesla’s power needs, via improvements designed and installed by Tesla. To best
meet the needs of Tesla and the City, a public private partnership is being proposed and will be
implemented through a Substation Improvement Agreement (SIA), including an associated
Encroachment Permit, and Capacity Reservation Agreement.
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The maximum cost of the Hanover Substation project is estimated to be $24,000,000 with the
cost being shared equally, subject to specified exceptions in the SIA (for an estimated
$12,000,000 by each party). To facilitate the transfer of existing feeders not serving Tesla to the
new transformers being installed and cover the costs of City inspections, the City will fund an
additional $3,000,000. The total initial cost to the City for this project is $15,000,000. It should
be noted that Tesla paid all costs to expedite materials needed for this project and the expediting
fees have been excluded from the $24,000,000 total cost of the project.
At the end of construction, all assets meeting City requirements as specified in the SIA will
become City property. The assets to be transferred to City ownership and control will be general
use assets that can be used to serve other City customers. Tesla will reserve capacity in exchange
for additional demand-based charges as outlined in the Capacity Reservation Agreement, which
is attached to the SIA. Tesla will receive monthly credits upon completion of the facilities for up
to 7 years, based on Tesla’s projected energy usage. Total credits will be no more than the
estimated $12,000,000 to be invested by Tesla.
BACKGROUND
Tesla announced its engineering headquarters to 1501 Page Mill—formerly known as HP
headquarters. It plans to install computers and charging facilities to support research into the
electric vehicles it produces. The existing transformers at Hanover Substation, closest to the Tesla
site, require upgrades to meet Tesla’s anticipated needs and to continue to serve the City’s other
customers in the area. Tesla has indicated that it would like to be operational at the Page Mill
site by the Spring of 2024.
The City’s Electric Utility staff have also determined that the existing HV 20 and HV 21
transformers at Hanover Substation need replacement. These transformers are undersized
relative to the needs of customers in the Stanford Business Park, require a higher-than-normal
level of maintenance, and are nearing or past their useful lives of 50 years.
ANALYSIS
The project proposes to install two 12 kV 50 MVA transformers to replace two 4kV transformers
that served 1501 Page Mill Road and make all substation improvements necessary to
accommodate the installations. Generally, three to four years are spent on a substation upgrade.
However, Tesla is requesting to finish all construction at the substation and energize their new
building by April 2024. The City cannot meet this timeline under normal City processes due to
insufficient staffing to coordinate the design and construction of all facilities and the time
required to complete the City public procurement process. To meet the proposed installation
timeline the use of a public private partnership1 executed through a Substation Improvement
Agreement (SIA) is recommended.
1 Public Private Partnership Policy https://www.cityofpaloalto.org/files/assets/public/v/1/agendas-minutes-
reports/reports/city-manager-reports-cmrs/attachments/new-folder/public-private-partnership-policy.pdf
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Pursuant to the SIA, Tesla will design, procure, install, and commission two-50MVA transformers,
three 60Kv substation breakers, a Power Distribution Center (12kV Switchgear), two 12 kV
feeders, and will reroute 12 kV feeders from existing transformers to the new transformers.
These upgrades will serve Tesla, accommodate customers in the Stanford Research Park, replace
outdated infrastructure, and modernize and reorganize the substation for greater efficiency. The
design will be subject to CPAU approval and compliance with CPAU standards.
The SIA has been structured to provide infrastructure for the capacity needed by Tesla, replace
City equipment at the end of its useful life, and limit the financial risk to the City and the electric
rate payers. Since the work being done at Hanover Substation is a joint project with benefits for
both parties the initial costs for the project have been split equally, subject to limited exceptions
in the SIA. The total cost for the project is estimated to be $27,000,000, not including any
expediting fees. Costs for the work inside the substation (approximately $24,000,000) will initially
be split in half with each party providing approximately $12,000,000. The City will fund another
$3,000,000 of improvements (separately from the SIA) to move feeder connections not related
to service for Tesla from substation banks being retired to the new transformers in the Hanover
Substation and to fund engineering review and inspection services that will occur prior to and
during construction of the project. Tesla will be responsible for all additional costs associated
with expediting of materials and services that resulted from the accelerated schedule it has
proposed.
Tesla is providing the initial funding, design, and construction services for the improvements
inside the substation, subject to partial City reimbursement. At the completion of the substation
construction, the City will evaluate the installed systems for compliance with City-approved
plans, specifications, and other requirements and providing the design and installation complies
with the terms of the SIA, the City will accept the facilities. After acceptance, the actual costs for
the project will be determined and the portion of the substation that was built solely for City
distribution system use, (e.g., not related to the 1501 Page Mill Road project) will be reimbursed
to Tesla.
The City will reserve up to 11,200 kVA of capacity to serve Tesla’s facilities, in exchange for Tesla’s
payment of a monthly Capacity Reservation Fee calculated based on Tesla’s monthly demand.
The Monthly Capacity Reservation Fee is designed to compensate the City for reserving system
capacity for Tesla’s future use and corresponds to the operation and maintenance costs of the
facilities providing the capacity. It applies only if Tesla’s monthly demand falls below the levels
specified in the Capacity Reservation Fee. Upon completion of the facilities, Tesla will receive a
Monthly Capacity Usage Credit for up to 7 years based on Tesla’s projected energy usage and
ramp up rate. Total credits will be capped at $12,000,000 and to protect the City against cost
overruns, project costs subject to reimbursement under the SIA are limited to $12,000,000,
subject only to any mutual agreement to amend the SIA. The Monthly Capacity Usage Credit is
intended to reimburse Tesla for its financial contribution to general use facilities, i.e., that portion
that is not already reimbursed by the City under the terms of the SIA, while reducing the risk of
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the City investing in assets that end up being underutilized. This credit is based on the expected
revenue from energy sales to Tesla over the term of the agreement. The calculations for these
payments and credits are outlined the Capacity Reservation Agreement (Exhibit D).
Due to the timeline for completion of this project the engineering design and the procurement
of long-lead time materials have already been completed by Tesla, acting at its own risk. The City
supplied specifications for the materials to be ordered and was consulted on the acceptability of
the engineering design firm being used to prepare the plans. Since the award of the design
contract, the City has been reviewing design drawings and materials to ensure that they comply
with the City specifications and standards. Tesla has proceeded knowing that reimbursement for
expenses from the City is contingent upon the completion of the SIA.
City staff also reviewed the construction bids for this project. Tesla received four bids for the
construction of Hanover Substation and selected the lowest bid. Staff reviewed references for
the selected contractor and agreed that the contractor had sufficient experience to construct the
substation improvements.
FISCAL IMPACT
To fund this project a new Capital Improvement Project, EL-24001 (Hanover Substation Upgrade)
has been created. Staff recommends increasing the Fiscal Year 2024 Electric Fund CIP and
establishing EL-24001 in the amount of $15,000,000 to fund the $12,000,000 contribution for the
City’s half of the substation rebuild and $3,000,000 for the rearrangement of the distribution
feeders and city costs for engineering review and inspection services and decreasing the Electric
Fund Operating Reserve by $15,000,000. The Electric Fund Distribution and Supply reserves has
a balance of $38.5 million. The Electric Fund reserves will continue to stay within the minimum
and maximum reserve guidelines after the transfer.
Staffing for the engineering review and inspection services will be provided by internal staff and
outside consultants that are under contract. The expected total cost of these services is $400,000
and will be funded from the $3,000,000 funding being allocated to this project for City work on
the site.
RESOURCE IMPACT
The approval of this agreement is consistent with existing City policies governing Public-Private
Partnerships, and the Council approved 2018 Utilities Strategic Plan – Strategic Objectives,
Priority 4 – Strategy 1 “Establish a proactive infrastructure replacement program, based on
planned replacement before failure to support reliability and resiliency”. Facing an evolving utility
business environment, aging infrastructure needs, and sustainability objectives, CPAU must
maintain a competitive position in the market. Remaining financially sustainable and competitive
in the market while optimizing our resources is key to maintaining and enhancing our value of
City of Palo businesses and customers.
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STAKEHOLDER ENGAGEMENT
This project is located in an existing substation on Stanford lands. City staff has had discussions
with Stanford informing them of the intention to upgrade Hanover Substation. Stanford indicated
that they were supportive of this project to provide service to a lessee on their property. A City
Encroachment Permit, which attaches and incorporates the Stanford lease terms, granting Tesla,
its employees, and contractors a revocable privilege to enter and use the substation property
during construction is attached as Exhibit B to the Substation Improvement Agreement.
ENVIRONMENTAL REVIEW
This project is categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to CEQA Guidelines 15301 (repair, maintenance, of existing facilities) and 15302
(replacement or reconstruction of existing facilities).
ATTACHMENTS
Attachment A: Tesla Substation Agreement
APPROVED BY:
Dean Batchelor, Director Utilities
Staff: Tomm Marshall, Assistance Director of Electric Utilities