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Public Utilities 2011/12/21CITY OF ANAHEIM PUBLIC UTILITIES BOARD MINUTES DECEMBER 21, 2011 The agenda having been posted on Thursday, December 15, 2011, the Regular Meeting of the Public Utilities Board (Board) was called to order by Chairperson Jordan Brandman at 5:01 p.m. on Wednesday, December 21, 2011, in the I P Floor Large Conference Room, Anaheim West Tower, 201 S. Anaheim Blvd., Anaheim, California. Board Members Present: J. Brandman, D. Morgan, B. Hernandez, S.E. Faessel, C. Peltzer, J. Machiaverna Board Members Absent: P. Carroll Staff Present: M. Edwards, D. Calkins, D. Lee, E. Zacherl, S. Sciortino, J. Lehman, A. Kott, B. Beelner, R. Dowell, G. Bowen, C. Thompson, M. Samra, L. Quiambao, P. Oviedo, G. Barnes Guest(s) Present: David Wain, Resident; Stephen Faessel, Resident AGENDA ITEM 1. PUBLIC COMMENTS. There were no public comments. 2. APPROVAL OF THE MINUTES OF THE REGULAR PUBLIC UTILITIES BOARD MEETING HELD ON NOVEMBER 16, 2011. * 3. PRESENTATION OF CARBON OFFSETS AND CALIFORNIA CARBON ALLOWANCES TRANSACTIONS. ACTION TAKEN There being no public comments, J. Brandman closed the public comments portion of the meeting. B. Hernandez moved approval of the November 16, 2011, Public Utilities Board Minutes. D. Morgan seconded the motion. MOTION CARRIED: 5 -0. ABSTAINED: 0. ABSENT: 1 (P. CarroIl). DELAYED: I (J. Machiaverna) 2011-90 AGENDA ITEM M. Edwards began the presentation by sharing that the overarching California Carbon Offsets and Carbon AIlowance Transactions (Cap- and - Trade) issue is one in which there is no shortage of opinions. Although an enormous amount of time has been spent by City of Anaheim (City) staff as well as other interest groups working through alternatives, there are certain rules and regulations passed by the state Legislature which will impact the City. The challenge in compliance is that this is an extremely complex area. She also shared that the presentation will demonstrate to the Board how the Department plans to work with the Cap -and -Trade rules and regulations, deal with the market, and how it works overall. Through a series of slides, G. Bowen, Integrated Resources Manager, began the presentation by sharing some background information on the Cap - and -Trade program. In 2006, California State Legislature passed the Global Warming Solutions Act, AB 32, in an effort to reduce carbon emissions to 1990 levels by the year 2020. To date, California's level is about 600 million metric tons of greenhouse gas or its equivalent, which means a 30% reduction from where California is today. California Air Resources Board (CARB) has been put in charge of the Cap -in -Trade program to get emissions levels down to the 1990 level. He shared that CARB intends to do this through the renewable portfolio standards, energy efficiency programs, and low carbon fuel standards as well as a market based approach to environmental regulation, as evinced by the Cap and Trade Program. G. Bowen then provided the Board with the definition of Cap -and- Trade, a market based approach to control pollution by providing economic incentives for achieving reductions in the emissions of pollutants. The "cap" is designed to provide each utility with an annual allocation of allowances that will be applied against the total amount of emissions the utility actually produces from carbon -based generating resources for that year. The amount of allowances CARB will allot to utilities is purposely designed to decline each year so that as the "cap" drops, the shortage of allowances to utilities will force the industry to find other ways to reduce emissions. The "trade" aspect allows an entity to purchase emissions allowances when actual emissions exceed its allotment or conversely, sell allowances if allocated more than needed for compliance in that particular year. Utilities will be required to "retire" or turn in emission allowances to the CARB equal to or greater than their actual produced emissions or be subject to penalties. He continued by sharing that there are two commodities that can be traded. The first is an allowance, which is a certificate or permit that represents the right to omit one ton of carbon dioxide or other greenhouse gas. These are the credits that CARB provides to utilities at the beginning of the process. The second is an offset which represents one metric ton of carbon dioxide that has actually ACTION TAKEN 2011-91 AGENDA ITEM been reduced through direct action that the CARB has approved as a measured reduction in emissions. Some examples of carbon offsets are urban forestry, livestock methane destruction, ozone depleting substances, and U.S. forest projects. Some ways to trade either commodity are thru bilateral transactions directly with another counter party or thru an allowance exchange such as the Chicago Mercantile. G. Bowen also mentioned to the Board that the auction process is the primary vehicle for buying and selling allowances in California. CARB sets a hard floor price of $10 and a soft ceiling price of $50 for the allowances which gives some protection to the buyer and seller. All bidders are price takers, meaning they cannot determine the price they want. He also shared issues related to program implementation such as allocation of allowances, monitoring and enforcement, sector coverage, offsets, banking of allowances, and safety mechanism. Approximately 86% of the Department's resources are either natural gas or coal. Currently there are five facilities: San Juan Power Plant, Intermountain Power Plant, Magnolia Power Plant, Kraemer Generating Station, and the Canyon Power Plant that are subject to CARB's allocations. At this time, Anaheim requires 17.4 million metric tons of greenhouse gas reductions to meet its goals. Currently the amount of allowances allocated by CARB to Anaheim is I5.7 million, resulting in a shortfall of approximately 1.7 million tons over the next eight years. Strategies to address this shortfall are: participating in the Cap -and- Trade auction process as well as purchasing allowances outside of the auction process. Bilateral markets can be considered, as well as purchasing offsets. Reduced operations of the carbon producing units as well as purchasing additional renewable resources and the implementation of energy efficiency programs are part of an overall strategy to meet the legislative mandates. G. Bowen completed the presentation by sharing that the Department, at the January or February 2012 Public Utilities Board meeting, will be seeking the Board's recommendation to City Council to participate in the California Carbon Offset and Carbon Allowance markets in order to meet the AB 32 mandate to decrease the greenhouse gas emissions to 1990 levels by the year 2020. There were a variety of questions posed by the Board and substantial dialogue on impacts to the Department, costs, mitigation strategies, and other alternatives. 4. PRESENTATION OF NORTH AMERICAN ENERGY STANDARDS BOARD (NAESB) WHOLESALE GAS ENABLING AGREEMENT. ACTION TAKEN 2011-92 AGENDA ITEM S. Sciortino gave a presentation to the Board about the North American Energy Standards Board ( NAESB) wholesale enabling agreements. The presentation included a review of the background of the City's gas usage and the importance of NAESB contracts. He shared with the Board that on the agenda for later in the year, the Department will be seeking the Board's recommendation to approve the Department's authority to enter into NAESB wholesale enabling agreements. He continued by mentioning that gas is required for operating the Magnolia Power Project, which is a 24 hours a day 7 days a week operation. Natural gas is also required for the peaking facilities: Canyon Power Plant and the Kraemer Generating Station. Managing the gas portfolio is an important factor because of the amount of fuel that Magnolia burns. Every dollar spent on gas unit price translates to approximately $5 million in expenses. There are a few options in terms of how the portfolio has been managed in the past. The long range commitments act as a hedge against price volatility. They also provide a guaranteed supply. The shorter term gas, if purchased a month ahead or a year at a time, reduces the commitment over a long period of time and allows the opportunity to take advantage of price drops. A gas portfolio for Magnolia Power Project has been developed. He invited the Board's attention to a graph that displayed the rise and fall of gas prices over the last six years. S. Sciortino continued by sharing that natural gas prices have not been as volatile in the last eighteen months but, in terms of protecting against shortages, the Department wants to ensure it is doing a good job of managing price volatility. Typically when gas is purchased, the contracts are based on daily deliveries rather than in terms of total volume for a month or year. The contracts specify how much is to be delivered on a daily basis. With respect to Magnolia Power Project, the total amount of fuel used on a daily basis is approximately 15,000 Million Metric British Thermal Units (MMBtu) per day. For the peaking facilities it is not necessary to purchase gas in advance as a pricing hedge because those facilities are not used daily. The peaking units are typically used during the summer and their output is bid into the market based on daily spot gas pricing. Their operations are based strictly on daily market economics. He continued the presentation by showing the Board a graph that displayed the long term gas supplies that have been procured including Pinedale and Barnett gas reserves and a graph that showed the tracking of the contracts in terms of when they were purchased and the prices they were procured at. To date, the primary source supply has been with the procured gas reserves and prepay contract for long term supplies. Shell has ACTION TAKEN 2011-93 AGENDA ITEM exclusively supplied the gas that was procured for short -term use. In addition to supplying gas, Shell also schedules gas for the Department on a daily basis. The reason for only buying from one supplier is, typically with short term contracts, the market dictates pricing so that the different companies such as Shell do not influence or direct the price charged for gas but refer to the market indexes for pricing. What is driving the need to go beyond Shell is that the Department would like to be able to look at a mid -term contract that runs 2 — 5 years as opposed to a 20 year commitment that is done with the long term supply or shorter term contracts for one year or less. Another reason is that the Department could actually use biofuels to burn at the Magnolia Power Project and have that count as a reduction against the greenhouse gas emission, but also count as a renewable resource. In order to achieve this, the NAESB contracts are used which are, in a sense, a master agreement with the supplier, in that utilizes a template with the supplier that identifies standardized terms such as definitions, scheduling, ordering, billing, and damages. NAESB agreements are similar in concept to the Western System Power Pool (WSPP) agreement for standard transactions in the energy industry. By signing a NAESB agreement with other parties in addition to Shell, there is no commitment for specific gas purchase amount or price. Actual procurement would only take place under a confirmation agreement that would identify price, quantity, term and point of delivery. The NAESB just provides a pre -set of general terms with the supplier so that contractual procurement can take place at a later date. The intent of using NAESB agreements is to procure gas with a 2 — 5 year term with different suppliers in addition to Shell as an example for the procurement of biofuels; however, those contracts would likely be 10 years or longer. Under those conditions, the Department would go back to City Council for the authority to enter into the longer term contracts. Additional use of NAESB contracts include, diversifying suppliers for optimal pricing and acquiring mid -term supplies to fill gaps. Biofuels at the Magnolia Power Project would also qualify under the Renewable Portfolio Standards and the cost advantage for this particular aspect is 20% below what the cost would be for a geothermal or some other renewable project. Another positive feature of using biofuels at the Magnolia Power Project is based on the 50% failure rate for renewable projects that have been opted into. With "steel in the ground" or in other words a project that is already developed such as Magnolia, the project already exists and has the fuel already there and used. This takes ACTION TAKEN 2011 -94 AGENDA ITEM ACTION TAKEN away the development risk and the production risk associated with the development of a new renewable resource. This item was presented as a means of allowing the Board additional time to consider and discuss such a complex item. A variety of questions were asked by the Board as they considered the presentation material. The actual item recommending that the Board formally support staff s recommendation will be made at a later Board meeting after any remaining Board inquiries have been satisfied. 5. APPROVAL OF THE SECOND AMENDED AND RESTATED METERED SUBSYSTEM AGREEMENT BETWEEN THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR AND THE CITY OF ANAHEIM. * M. Edwards indicated to the Board that as the Federal Energy D. Morgan moved approval of Regulatory Commission (FERC) approves the changes in the the Second Amended and Independent System Operator (ISO) tariff, so the Metered Restated Metered Subsystem Subsystem Agreement (MSSA) between the ISO and the City needs Agreement Between the to go back to City Council for approval. The change is a positive California Independent System one, because it has the effect of moving more towards a cost Operator and the City of causation model in terms of allocation. Every time the MSSA Anaheim. J. Machiaverna changes, it will need to be presented to City Council for approval. seconded the motion. MOTION CARRIED: 6 -0. 6. UPDATE ON SOUTHERN CALIFORNIA WIND STORM. ABSTAINED: 0. ABSENT: 1 (P. Carroll) D. Lee invited the Board's attention to a series of slides that displayed the extent of damage experienced in the San Gabriel Valley due to Los Angeles County wind storm in late November and early December. Damage was so severe that schools and other facilities were forced to close. Well over 400,000 customers were affected by outages caused by winds of 40 -60 miles per hour with gusts reaching upwards of 100 miles per hour in some cases. D. Lee shared with the Board that Anaheim first monitored events in Anaheim and had personnel ready to mobilize to local outages. Since there were no wind- related outages reported in Anaheim, two electric utility crews were dispatched to assist the City of Pasadena. Crews mobilized very quickly, arriving the Friday after the storms, and worked to help repair and restore power in Pasadena. M. Edwards shared that one of the major challenges the City of Pasadena experienced was their overall communication with customers. As a result, there has been discussion of implementing visible tagging systems so that power outages could be identified should a similar event impact Anaheim. The utilization of Anaheim's Hi Neighbor distribution lists may be one way in which to outreach to individuals and neighborhoods. D. Lee concluded the presentation by sharing a historical chart of wind outages in Anaheim. Over a 21 year period, there have been approximately 480 wind outages with a vast majority occurring in the month of January. The charts also showed that there were 2011 95 AGENDA ITEM significant wind - related outages in 2003. A broader presentation on the specific lessons learned will be provided to the Board at a later date. 7. UPDATE ON WATER SYSTEM ISSUES. Hidden Canyon Pump Station Project D. Calkins provided an update on the Hidden Canyon Pump Station Project. As a result of City Council's recent approval to purchase property from a local homeowners association, the Project can now move forward. The Project was recently bid and will be going to City Council in January for award of a construction contract. Windy Ridge Water Storage Tank Project D. Calkins referred to the presentation for the Board at the October meeting on the proposed Windy Ridge Water Storage Tank Project. On December 5th, staff mailed letters and Project information to about 600 residents in east Anaheim near the Project site. This information is to advise residents about the Project before the consultant moves in heavy equipment in mid -January to do exploratory soils investigation work. As a result of the mailing, staff has received two responses. Both inquiries were positive; expressing appreciation for the City doing the project to improve fire protection, but emphasizing the importance of aesthetics. He assured the Board that staff will continue to communicate and work with the community. Water SuppIv Conditions Update D. Calkins shared with the Board that beginning next month they will be provided with monthly water supply conditions updates for the winter. Currently, the water supply situation is excellent as a result of a last winter, which was wet, allowing large volumes of water to be placed into storage. Therefore, at this point, water supplies are strong, but the last few months have been drier than normal. Water is Life Calendar D. Calkins referred to the annual water calendar from the Metropolitan Water District (MWD) that was handed out. He invited the Board's attention to the artwork for the month of December, which includes a poster from an Anaheim 6' grade student from Acaciawood Elementary School. Recently, the poster contest winners, including the Anaheim student, were recognized at an awards ceremony at MWD Headquarters in Los Angeles. Anaheim's OCWD and MWD Directors D. Calkins advised the Board that Iry Pickier has resigned as Anaheim's Director on the Orange County Water District (OCWD) Board, effective January 31, 2012. At the December 6th Council meeting, Harry Sidhu was appointed as Anaheim's new OCWD Director, effective February 1, 2012. Also, at the December 6th Council meeting, Kris Murray was reappointed as Anaheim's Director on the Metropolitan Water District Board. The Board ACTION TAKEN 2011 -96 AGENDA ITEM suggested the City should recognize Mr. Pickler for his dedication and service to the water industry overall. 8. UPDATE ON ELECTRIC SYSTEM ISSUES. D. Lee informed the Board that the dedication for the Canyon Power Project has been set for March b, 2012, at 11:00 am. 9. UPDATE ON FINANCE ISSUES. E. Zacherl invited the Board's attention to the November Financial Dashboard provided to them at their place settings. Revenue for both electric and water came in slightly under budget. Electric was approximately $500,000 or 0.25% under budget. The offset in expenses were down $2.7 million or almost 2 %. Water was similar with revenues under budget by approximately $100,000 or 0.4% offset by expenses under budget by approximately $1,000,000 or 4.7 %. He also shared with the Board that the annual financial audit was completed and the final reports were just being issued and will be provided to the Board at the January meeting. He was also happy to report that the information will be used to go back to the rating agencies to explain to them that the results are better than the projections provided to them last April. If market interest rates continue to be at the current low levels, it may provide some refinancing opportunities in the coming year that could provide additional debt service savings. 10. UPDATE ON JOINT SERVICES ISSUES. None. 11. UPDATE ON RISK & LEGISLATIVE/REGULATORY AFFAIRS ISSUES. J. Lehman shared that Hoover Power has been renewed for another 50 years because President Obama signed the legislation yesterday. She also mentioned that the next State legislative session starts on January 4th, and there will be a PUB Legislative Working Group meeting in January. 12. POTENTIAL AGENDA ITEM(S) FOR THE NEXT PUBLIC UTILITIES BOARD MEETING ON JANUARY 25, 2012. • Quarterly Utilities Capital Improvement Project Report • Quarterly Utilities Spot Bid and Pre - Qualified Awards Report • Carbon Offsets and California Carbon Allowances Transaction • North American Energy Standards Board Wholesale Gas Enabling Agreement • Agreements for the Customer Information System Replacement Project 2011-97 ACTION TAKEN AGENDA ITEM ACTION TAKEN • Out of Area Service Agreement to Provide Water and Sewer service to a 70 -unit Apartment Complex in Buena Park • Master Agreement to offer assistance to customers on backflow device installations 13. ITEMS BY SECRETARY, M. Edwards shared with the Board that internal strategic planning process is actually engaged in year round. There are a variety of benchmarks that are used to track and indicate successful utility management. She provided the Board with three handouts: a draft version of Utility Success Indicators, California Systems Average Electric Rates, and a June 14, 2011 staff report regarding Guiding Principles for the Development of Legislative Positions. She indicated to the Board that a discussion of the success indicators would be agendized for a later Board meeting. 14. ITEM (S) BY THE BOARD C. Peltzer asked about the Brea Landfill's progress. S. Sciortino responded by sharing a brief photo presentation that displayed the progress. S.E. Faessel shared a conversation she had with an Anaheim resident regarding the OPower comparison letter received in the mail. She also wished everyone Happy Holidays and a Merry Christmas. D. Morgan thanked M. Edwards for preparing the information that will be reviewed at the next Board meeting. He also wished everyone a Merry Christmas and thanked everyone for a great year. J. Machiaverna echoed D. Morgan's thoughts for a Merry Christmas and Happy New Year. He shared that it had been a great year, and he is looking forward to another good year. J. Brandman thanked staff for the tour of the Canyon Power Plant. He is also looking forward to the Canyon Power Project dedication on March 6th. He wished everyone a Merry Christmas and Happy New Year. 15. ADJOURNMENT: (TO THE REGULAR MEETING ON JANUARY 25, 2012, AT 5:00 P.M., IN THE 11" FLOOR LARGE CONFERENCE ROOM, ANAHEIM WEST TOWER, 201 S. ANAHEIM BOULEVARD, ANAHEIM, CALIFORNIA). D. Morgan moved to adjourn the Regular Meeting at 7:10 p.m. to the Board's next 201 1 -98 AGENDA ITEM Respectfully su �) � Marcie L. Edwards Secretary, Public Utilities Board ACTION TAKEN Regular Meeting date of January 25, 2012 at 5:00 p.m. S.E. Faessell seconded the motion. MOTION CARRIED: 6-0. ABSTAINED: 0. ABSENT: 1 (P. Carroll) * Indicates item(s) that will be forwarded to City Council for action upon recommendation by the Board. ** Indicates item(s) that will be forwarded to City Clerk and City Council for informational purposes. 2011 -99