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RES-2023-022RESOLUTION NO. 2023- 022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM MODIFYING THE RATES, RULES AND REGULATIONS, WHICH DO NOT MATERIALLY INCREASE RATE -RELATED REVENUES, FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71R-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2022-018 AND DETERMINING THAT SAID ACTIONS ARE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO PUBLIC RESOURCES CODE SECTION 21080(B)(8) AND SECTIONS 15061(B)(3) AND 15273(A) OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, the City of Anaheim ("Anaheim") maintains an electric generation and distribution system for the furnishing of electricity to residents and businesses of Anaheim and has adopted the Electric Rates, Rules and Regulations for the sale and distribution of electricity; and WHEREAS, the Anaheim Municipal Code authorizes the City Council of Anaheim ("Anaheim City Council") to approve reasonable Electric Rates, Rules and Regulations for electric services, which are provided by the Anaheim Public Utilities Department ("APU"); and WHEREAS, APU is a publicly owned utility, but nonetheless strives to operate like a business and continuously seeks opportunities to minimize administrative and fiscal burdens while remaining in a position to maintain service reliability and high industry standards; and WHEREAS, in support of the foregoing, APU staff reviewed and recommends (1) the adoption of modifications to Schedule TOU of the Electric Rates, Rules and Regulations, as set forth in Attachment A; (2) the closure of Developmental Schedule D-EV of the Electric Rates, Rules and Regulations to new customers, as set forth in Attachment A; and (3) modifications to Rule No. 23 of the Electric Rates, Rules and Regulations, as set forth in Attachment B; and WHEREAS, on February 2, 2023, and February 9, 2023, notice of the public hearing regarding modifications to the electric rate schedules and rules 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, on February 6, 2023, and February 13, 2023, notice of the public hearing regarding modifications to the electric rate schedules 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, the Public Utilities Board held a public hearing for the electric rate schedule and rule modifications on February 22, 2023, and evidence was presented in support of the modifications to the Electric Rates, Rules and Regulations; and WHEREAS, the Public Utilities Board considered the proposals of APU 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 the proposed rate modifications to the Electric Rates, Rules and Regulations: 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 requires that utility rates shall be sufficient in order to allow the utility to pay for operations and maintenance of the system; for payment of principal and interest on debt; for creation and maintenance of financial reserves adequate to assure debt service on bonds outstanding; for capital construction of new facilities and improvements of existing facilities, or maintenance of a reserve fund for that purpose; and for payments to the general fund of the City in the amounts set forth in the City Charter. Section 1221 of the City Charter also provides that the Anaheim City Council shall periodically review rates to insure that financial goals are being accomplished. 4. Section 1221 of the City Charter provides that the Anaheim City Council may establish and revise ratepayer discounts and other programs to assist residential customers in the payment of their utility bills. In setting rates, it is reasonable and appropriate to recognize the benefits that APU customers will realize through having rates for domestic and non -domestic customers remain competitive with other local providers. 6. It is reasonable and appropriate to (1) modify Schedule TOU to offer more flexibility to high demand customers, update mid -peak and off-peak time periods, and eliminate outdated language; and (2) close Developmental Schedule D-EV to new customers. WHEREAS, it is reasonable and appropriate to modify Rule No. 23 as set forth in Attachment B to update customer service fees and increase flexibility to issue courtesy credits; and WHEREAS, the Public Utilities Board considered the requirements of the California Environmental Quality Act (CEQA) and found that the proposed modifications to the electric rate schedules and rules, as set forth in Attachment A and Attachment B, come within Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, 2 sections 15061(b)(3) and 15273(a). Thus, the modifications are exempt from CEQA; and WHEREAS, based on the findings hereinabove made and the public hearing record, the Public Utilities Board recommended that the Anaheim City Council determine that the modifications to the Electric Rates, Rules and Regulations are exempt under CEQA, Public Resources Code section 21080(b)(8) and Title 14 of the California Code of Regulations, sections 15061(b)(3) and 15273(a); and WHEREAS, based on the findings hereinabove made, the Public Utilities Board recommended that the Anaheim City Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the modifications to the Electric Rates, Rules and Regulations as set forth in Attachment A and Attachment B, which are on file with the Office of the City Clerk; and WHEREAS, the Anaheim 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 by the Anaheim City Council as follows: The findings set forth herein are hereby adopted by the Anaheim City Council. 2. The Anaheim City Council hereby determines that, in accordance with CEQA and the State CEQA Guidelines, the modifications to the electric rate schedules and rules of the Electric Rates, Rules and Regulations, as set forth in Attachment A and Attachment B, are exempt from CEQA pursuant to Public Resources Code section 21080(b)(8) and sections 15061(b)(3) and 15273(a) of Title 14 of the California Code of Regulations, because it can be seen with certainty that there is no possibility that the proposed modifications will have a significant effect on the environment as the modifications primarily recover costs and are administrative in nature. 3. The Anaheim City Council hereby adopts the modifications to the Electric Rates, Rules and Regulations, as set forth in Attachment A and Attachment B. These modifications shall be effective April 3, 2023. 4. The Anaheim 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. 3 THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this ^2 R day of March , 2023, by the following roll call vote: AYES: Mayor Aitken and Council Members Rubalcava, Diaz41. Leon, Kurtz, Faessel and Meeks NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM MAYOR OF JCITY OF ANAHEIM AT T: CIT K OF THE CITY OF ANAHEIM 147718 El Attachment A Electric Rates, Rules and Regulations Rate Schedules effective April 3, 2023 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.4.1 Anaheim, CA 92805 SCHEDULE TOU TIME -OF -USE APPLICABILITY Applicable to three-phase electric service of Customers whose monthly Maximum Demand was 500 kW or greater for any three (3) Months during the preceding twelve (12) Months or, if no prior billing history is available, whose total connected lighting and equipment load is 750 kW or greater. Also applicable to Customers who meet eligibility requirements prior to installation of load management and conservation measures included in the Utility's Demand Side Management programs. AVAILABILITY A Customer desiring service under this Rate Schedule or currently served under this Rate Schedule and desiring service under a different Rate Schedule shall notify the City in writing at least ninety (90) days in advance of the Customer's intended change in Rate Schedule (unless Meter availability allows less notice), and will be restricted from exercising the option to switch Rate Schedules more than once in any twelve (12) month period. Service under this Rate Schedule is subject to Meter availability. Per Meter, Per Month Per Meter, Per Month RATES Summer Winter Service delivered at volta ues of 50 kV and below Customer Charge: $342.12 $342.12 Demand Charge (added to Customer Charge): Non -time related Maximum Demand, per kW $ 8.66 $ 8.66 Plus all on -peak Billing Demand, per kW $ 15.68 N/A Plus all mid -peak Billing Demand, per kW $ 5.47 $ 5.74 Plus all off-peak Billing Demand, per kW N/A N/A Energy Charge (added to Demand Charge): All on -peak energy, per kWh 14.800 N/A Plus all mid -peak energy, per kWh 11.710 12.48¢ Plus all off-peak energy, per kWh 7.870 7.870 Minimum Charge: The minimum charge is the monthly non -time related Demand Charge and the monthly Customer Charge. Service delivered at voltages above 50 kV Customer Charge: $342.12 $342.12 Demand Charge (added to Customer Charge): Non -time related Maximum Demand, per kW $ 3.00 $ 3.00 Plus all on -peak Billing Demand, per kW $ 14.84 N/A Plus all mid -peak Billing Demand, per kW $ 5.18 $ 5.43 Plus all off-peak Billing Demand, per kW N/A N/A Energy Charge (added to Demand Charge): All on -peak energy, per kWh 13.64¢ N/A Plus all mid -peak energy, per kWh 10.72¢ 11.45¢ Plus all off-peak energy, per kWh 7.080 7.08¢ Minimum Charge: The minimum charge is the monthly non -time related Demand Charge and the monthly Customer Charge. (Continued) ISSUED BY: Effective: 03-01-22 by Resolution No.: 2022-018 Dated: 02-15-22 Dukku Lee Superseding Resolution No.: 2017-068 Dated: 04-25-17 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 SPECIAL CONDITIONS ELECTRIC RATES, RULES AND REGULATIONS SCHEDULE TOU TIME -OF -USE A. Service voltage in accordance with the Rates, Rules and Regulations. B. Time periods are defined as follows: On Peak: 4:00 p.m. to 9:00 p.m., summer weekdays except holidays Page No. 2.4.2 Mid Peak: 12:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m., summer weekdays except holidays 4:00 p.m. to 10:00 p.m., winter weekdays except holidays Off Peak: All other hours Weekdays Summer Hours Winter Hours Weekends Summer Hours Winter Hours E E E E E E E E E E o E E E E E E E E E E E ; 0 0 0 0 V 0 Vt 0 �O 0 1� 0 00 0 Q\ 0 0 0 0 O .--N .-� 0 N 0 0 M 4 0 0 0 0 0 0 o b .--. E Mid -Peak Hours Off -Peak Hours O Holidays are New Year's Day, Presidents' 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 a.m. on July 1 and continue until 12:00 a.m. on November 1 of each year. The winter season shall commence at 12:00 a.m. on November 1 of each year and continue until 12:00 a.m. on July 1 of the following year. C. Billing Demand Billing Demand will be measured at fifteen (15) minute intervals, by instruments supplied, owned, and maintained by the City at the City's expense upon the Customer's Premises. Where Customer's demand is intermittent or subject to violent fluctuations, the Maximum Demand may be based on a shorter interval. Separate Billing Demands shall be determined for the Maximum Demand, and for the on -peak, mid -peak, and off-peak time periods. The Demand Charge for non -time related Maximum Demand will be the greater of: 1) the highest metered kilowatt input for the Billing Period; 2) 50% of the contracted for or connected load; or 3) 50% of the highest Billing Demand in the preceding eleven (11) Billing Periods. Billing Demand for on -peak, mid -peak, and off- peak time periods shall be the highest metered kilowatt input for the applicable Billing Period. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2022-018 Dated: 02-15-22 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 SPECIAL CONDITIONS (Continued) D. Power Factor Adjustment ELECTRIC RATES, RULES AND REGULATIONS SCHEDULE TOU TIME -OF -USE The charges will be adjusted each Month for the Power Factor as follows: Page No. 2.4.3 The charges will be increased by thirty-one (31) cents per kilovar of reactive demand. The kilovars of reactive demand shall be calculated by multiplying the kilowatts of measured Maximum Demand by the ratio of the kilovar-hours to the kilowatt-hours. E. Voltage Discount The charges, excluding the Customer Charge, Power Factor and Rate Stabilization Adjustment, will be reduced by three percent (3%) for service delivered at voltages from 2 kV to 10 kV and by six percent (6%) for service delivered at voltages from 11 kV to 50 kV; Customer equipment and metering per Utility standards. For service delivered at voltage levels above 50 kV, all charges will be assessed as set forth in the Rate Schedule above. F. Temporary Discontinuance of Service Where the use of energy is seasonal or intermittent, no adjustment will be made for a temporary reduction of load. Any Customer who resumes service within twelve (12) Months must pay all charges that would have been billed had service been continuous. G. Rate Stabilization Adjustment The rates above are subject to adjustment as provided for in Schedule RSA. The applicable billing factor set forth therein will be applied to all kilowatt-hours billed under this Rate Schedule. H. Applicable to this Rate Schedule only, should a Customer have multiple Meters on parcels that are adjacent, contiguous, or similar to a campus -like configuration where public streets or alleys may pass through such parcels, and totalized demand of 4 MW or greater for any three (3) consecutive Months, the Meters may be totalized for billing purposes at the convenience of the Utility. Totalized billing shall include a single Customer Charge for all Meters, totalized demand, which is the concurrent demand of all Meters, and totalized energy, which is the sum of all energy measured for all Meters. I. Applicable to this Rate Schedule only, if after twelve (12) months of service the Customer would have preferred service under Schedule GS-2, General Service, appropriate billing adjustments for the twelve (12) Month period will be made and the Customer will be returned to Schedule GS-2, General Service. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2022-018 Dated: 02-15-22 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Page No. 2.17.1 Anaheim, CA 92805 DEVELOPMENTAL SCHEDULE D-EV DEVELOPMENTAL DOMESTIC ELECTRIC VEHICLES APPLICABILITY Applicable to charging of electric vehicles ("EV") on a Meter provided by the Utility in Single -Family Accommodations concurrently serviced on a separate Meter under a Domestic Service Rate Schedule. The Customer is responsible for all costs associated with the acquisition and installation of EV charging facilities and equipment. This developmental Rate Schedule will be closed once a permanent Domestic Electric Vehicles Rate Schedule is developed. This developmental Rate Schedule will not be available to any additional Customer participants effective April 3, 2023. AVAILABILITY Service under this developmental Rate Schedule is subject to Meter availability or other constraints related to this developmental Rate Schedule. RATES Per Meter, Per Month Per Meter, Per Month Summer Winter Customer Charge: Energy Charge (added to Customer Charge): All on -peak energy, per kWh Plus all off-peak energy, per kWh Minimum Charge: The minimum charge is the monthly Customer Charge. SPECIAL CONDITIONS A. Service voltage in accordance with the Rates, Rules and Regulations. B. Time periods are defined as follows: On -Peak: 3:00 p.m. to 10:00 p.m. all year, every day Off -Peak: All other hours $5.00 $5.00 26.34¢ 25.63¢ 11.17¢ 10.56¢ The summer season shall commence at 12:00 a.m. on July 1 and continue until 12:00 a.m. on November 1 of each year. The winter season shall commence at 12:00 a.m. on November 1 of each year and continue until 12:00 a.m. on July 1 of the following year. C. Metering The Customer's equipment must include provisions to separately meter EV charging facilities. The Customer shall supply, at no expense to the Utility, a suitable location for Meters and associated equipment used for billing, subject to the approval of the Utility. Charges associated with supplying service shall be per Rule No. 16. (Continued) ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2022-018 Dated: 02-15-22 General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS DEVELOPMENTAL SCHEDULE D-EV DEVELOPMENTAL DOMESTIC ELECTRIC VEHICLES SPECIAL CONDITIONS (Continued) Page No. 2.17.2 Weekdays Summer Hours mom F Winter Hours I Sul IN Weekends Summer Hours Winter Hours E E E E E E E E E E E o E E E E E E E E E E E Z v �d m 16 I'dW 1� 6 n o o. a a n. m a a s ii a- O O O O O O CDO O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O ?7 .-. N f�1 7 �/1 �O 100 O. O .-. N .-• N t�1 V �/1 �O l m O, O .-. E O Off -Peak Hours D. Terms of Service A Customer receiving service under this developmental Rate Schedule may elect to change to another applicable Rate Schedule but only after receiving service under this developmental Rate Schedule for at least twelve (12) consecutive months. If a Customer elects to discontinue service under this developmental Rate Schedule, the Customer shall not be permitted to return to this developmental Rate Schedule for a period of twelve (12) consecutive months from the discontinued service date. E. Interconnection Customers taking service under this developmental Rate Schedule shall have electrical interconnections only upon approval by the Utility for billing purposes, and by the City Planning Department for building code compliance. The electrical interconnection shall be configured in order to prevent or protect against adverse conditions on the Utility's system that may cause harm to persons, equipment damage, electric service degradation, or result in metering errors. Unauthorized interconnections beyond the Utility's Point of Delivery between electrical loads eligible for service under this Rate Schedule and any other electrical loads are prohibited. F. Rate Stabilization Adjustment The rates above are subject to adjustment as provided for in Schedule RSA. The applicable billing factor set forth therein will be applied to all on -peak kilowatt-hours billed under this developmental Rate Schedule and will not be applied to off-peak kilowatt-hours. G. General Manager As with all developmental Rate Schedules, the 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. This developmental Rate Schedule shall be implemented per Rule No. 12. ISSUED BY: Effective: 03-01-22 by Resolution No.: 2022-018 Dated: 02-15-22 Dukku Lee Superseding Resolution No.: 2013-116 Dated: 07-23-13 General Manager Attachment B Electric Rates, Rules and Regulations Rule No. 23 effective April 3, 2023 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS RULE NO.23 CUSTOMER SERVICE FEES AND CREDITS Annlicability Applicable to all Classes of Service. Page No. 3.23.1 Rule Number Description Fee/Credit Amount 3 Service Establishment Charge $10.00 3 Same Day Service Establishment (Additional Charge) $35.00 3/11 After Hours Service Establishment or Reconnection (Additional Charge) $60.00 4 Paperless and Automatic Electronic Payment Enrollment Credit $10.00 7 Minimum Deposit $100.00 7 Minimum Diversion Deposit Residential Service Non-residential Service $100.00 An amount equal to calculated deposit 9 Returned Check Charge (Item Handling Fee) In accordance with Anaheim's Municipal Code 11 Reconnection Charge $20.00 11 Reconnection Charge - Underground Service or Poletop Labor & Material 11 Investigation Charges Labor & Material 1 I Damaged Steel Locking Ring Labor & Material 16 Repair or Replace Damaged Meter Labor & Material 16 Rescheduled Meter Read Charge $25.00 17/24 Courtesy Credit* Up to $50.00 17 Meter Test Labor & Material *Courtesy credits may be extended to Customers for missed appointments, billing errors, or other extenuating circumstances where the Customer, through no fault of their own, received delayed or inadequate service. The courtesy credit amount listed above is for instances incidental in nature, covering the majority of courtesy credits issued. In situations where a Customer incurred higher cost impacts, the General Manager may issue a courtesy credit in an amount commensurate with the situation. ISSUED BY: Effective: by Resolution No.: Dated: Dukku Lee Superseding Resolution No.: 2021-013 Dated: 02-16-21 General Manager CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Resolution No. 2023-022 adopted at a regular meeting provided by law, of the Anaheim City Council held on the 281h day of March, 2023 by the following vote of the members thereof: AYES: Mayor Aitken and Council Members Rubalcava, Diaz, Leon, Kurtz, Faessel and Meeks NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand this 29t' day of March 2023. CITY CLIIRK OF THE CITY OF ANAHEIM (SEAL)