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RES-2007-130RESOLUTION NO. 2007 -130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING A RATE TO THE RATES, RULES, AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2006R -188 WHEREAS, the City of Anaheim (Anaheim) maintains an electric generation and distribution system for the furnishing of electricity to residents and inhabitants of the City of Anaheim and has adopted Electric Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council to approve reasonable Rates, Rules and Regulations governing electric services and fees and charges for providing electric services; and WHEREAS, on June 20, 2007 and June 27, 2007 notice of the public hearing to implement a Developmental Schedule D -TOU (Developmental Domestic Time -Of -Use) rate of the Electric Rates, Rules and Regulations was published in the Orange County Register and proof thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, on June 21, 2007 and June 28, 2007 notice of the public hearing to implement a Developmental Schedule D -TOU (Developmental Domestic Time -Of -Use) rate of the Electric Rates, Rules and Regulations was published in the Anaheim Bulletin and proof thereof is on file with the Secretary of the Public Utilities Board; and WHEREAS, the Public Utilities Board held a public hearing on July 5, 2007, and evidence was presented in support of the implementing of a Developmental Schedule D -TOU (Developmental Domestic Time -Of -Use) rate of the Electric Rates, Rules and Regulations; and WHEREAS, the Public Utilities Board considered the proposals of the Public Utilities Department and considered the evidence presented at the public hearing; and WHEREAS the Public Utilities Board made the following findings with respect to the need for an addition to the Electric Rates, Rules and Regulations: 1. Section 1221 of the City Charter provides that utility rates charged to a class of customers shall be uniform within the class and shall be based on the cost of service revenue requirement for the class. 2. Section 1221 of the City Charter also provides that the City Council shall periodically review rates to insure that financial goals are being accomplished. 3. Section 1221 of the City Charter provides that the City Council may establish and revise ratepayer discount and other programs to assist residential customers in the payment of their utility bills. 4. In setting rates, it is reasonable and appropriate to recognize the benefits that Anaheim Public Utilities customers will realize through having rates for residential customers remain competitive with other local providers. 5. It is reasonable and appropriate to implement a Developmental Schedule D -TOU (Developmental Domestic Time -Of -Use) to offer another rate option to residential customers which complies with the requirements of federal legislation to offer variable time based rates, may result in a reduction of the customer's residential electric bill, and encourages load shifting to time when the cost of procuring energy is less; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act and found that matters covered above come within Section 21080 (b) (8) of the Public Resources Code of the State of California. Thus, the establishment of this rate is statutorily exempt from the California Environmental Quality Act; and WHEREAS, based on the findings hereinabove made, the Public Utilities Board of the City of Anaheim recommends to the City Council that the City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the changes to the Electric Rates, Rules, and Regulations as shown in Attachment A; and WHEREAS, based on the finding hereinabove made, the Public Utilities Board of the City of Anaheim recommends to the City Council that the City Council, by Motion, certify that the adoption of the Electric Rates, Rules and Regulations is statutorily exempt under the California Environmental Quality Act, Public Resource Code, Section 21080 (b) (8), in accordance with Title 14 of the California Administrative Code, Section 15273 (a); and WHEREAS, the City Council has considered the evidence and concurs with the findings of the Public Utilities Board as set forth hereinabove. NOW, THEREFORE BE IT RESOLVED that: The findings of the Public Utilities Board as set forth herein are hereby adopted by the City Council of the City of Anaheim. The additions to the Electric Rates, Rules, and Regulations as shown in Attachment A are hereby adopted by the City Council of the City of Anaheim, and will become effective August 1, 2007. 2 The Public Utilities General Manager is hereby authorized and directed to prepare, promulgate, publish and implement changes to the Electric Rates, Rules and Regulations as set forth herein. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 31st day of July 2007, by the following roll call vote: AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: i/ /Lti CITI CLERK OF THE 65715.4 ANAHEIM CITY T94AHEIM MAYOR OF THE CITY A EIM 3 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 RATES ISSUED BY: Marcie L. Edwards General Manager ELECTRIC RATES, RULES AND REGULATIONS DEVELOPMENTAL SCHEDULE D -TOU DEVELOPMENTAL DOMESTIC TIME -OF -USE APPLICABILITY Applicable to domestic electric service including lighting, air conditioning, heating, cooking, and power or a combination thereof in a single family accommodation, as well as to domestic electric service including lighting, air conditioning, heating, cooking, and power or a combination thereof in a multifamily accommodation on a single premises where all of the single- family accommodations are separately sub metered. This developmental rate will be closed once a permanent Domestic Time -of -Use rate is developed. AVAILABILITY A customer desiring service on this rate schedule or currently served on this rate schedule and desiring service on a different rate schedule shall notify the City at least ninety (90) days in advance of his intended change in rate schedule, and will be restricted from exercising the option to switch rate schedules more than once in any twelve -month period. Service under this rate schedule is subject to meter availability or other constraints related to this rate schedule. There are no on peak hours during the winter, only mid -peak and off -peak hours. Effective: 08 -01 -07 by Resolution No.: Superseding Resolution No.: N/A Per Meter Per Meter Summer Winter $2.78 $2.78 Customer Charge: Energy Charge: All on -peak energy, per kWh 13.33¢ Plus all mid -peak energy, per kWh 12.42¢ 12.85¢ Plus all off -peak energy, per kWh 9.76¢ 9.19¢ The minimum charge is the monthly Customer Charge. Attachment A Page 1 of 2 SPECIAL CONDITIONS A. Time periods are defined as follows: On -Peak: 1:00 p.m. to 5:00 p.m.; summer weekdays except holidays. Mid -Peak: 10:00 a.m. to 1:00 p.m. and 5:00 p.m. to 8:00 p.m.; summer weekdays except holidays. 10:00 a.m. to 8:00 p.m.; winter weekdays except holidays. Off -Peak: All other hours. Holidays are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas Day. When any holiday listed above falls on Sunday, the following Monday will be recognized as an off -peak period. No change in off -peak hours will be made for holidays falling on Saturday. The summer season shall commence at 12:00 midnight on June 1 and continue until 12:00 midnight on September 30 in each year. The winter season shall commence at 12:01 a.m. on October 1 of each year and continue until 12:00 midnight on May 31 of the following year. Dated: Dated: N/A CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 SPECIAL CONDITIONS (Continued) ELECTRIC RATES, RULES AND REGULATIONS DEVELOPMENTAL SCHEDULE D -TOU DEVELOPMENTAL DOMESTIC TIME -OF -USE B. Power Cost Adjustment/Rate Stabilization Account The rates above are subject to adjustment as provided for in Schedule PCRSA. The applicable power cost adjustment billing factor set forth therein will be applied to all kilowatt -hours billed under this rate schedule. C. Applicable to This Rate Schedule Only Attachment A Page 2 of 2 If a customer on this developmental rate schedule finds that it is less advantageous to the customer to be on this developmental rate schedule than the normal Schedule D, Domestic Service, the customer may request to be returned to Schedule D, Domestic Service. Appropriate billing adjustments may be made at the sole discretion of the Public Utilities General Manager for the period that the customer was on this developmental rate schedule. D. General Manager As with all developmental rates, the Public Utilities General Manager, at his or her sole discretion, may implement, modify, restrict, or close this developmental rate schedule upon notification and approval of City Council. ISSUED BY: Marcie L. Edwards General Manager Effective: 08 -01 -07 by Resolution No.: Superseding Resolution No.: N/A Dated: Dated: N/A