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RES-2006-188RESOLUTION N0.2006-188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING, DELETING, AND ADDING RATES TO THE RATES, RULES, AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION N0.71-478 AND MOST RECENTLY AMENDED BY RESOLUTION N0.2003R-187 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 21, 2006, notice of the public hearing to close the current Thermal Energy Storage (Schedule TES) and General Service B Experimental (Schedule GS-1BX) Rates; implement a Developmental Thermal Energy Storage Rate (Developmental Schedule TES); phase out the existing Economic Development -Citywide Rate (Schedule ED) and implement a new Developmental Economic Development/Business Retention (Schedule EDBR) Rate; and implement a Developmental Wireless Technology Rate (Developmental Schedule WTR) 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 Boazd; and WHEREAS, the Public Utilities Boazd held a public hearing on July 6, 2006, and evidence was presented in support of the closure of the current Thermal Energy Storage (Schedule TES) and General Service B Experimental (Schedule GS-1BX) Rates; implementation of a Developmental Thermal Energy Storage Rate (Developmental Schedule TES); phasing out of the existing Economic Development -Citywide Rate (Schedule ED) and implementing a new Developmental Economic Development/Business Retention (Schedule EDBR) Rate; and implementing a Developmental Wireless Technology Rate (Developmental Schedule WTR) 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 amendments, deletions, and additions 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 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 non- domestic customers remain competitive with other local providers. It is reasonable and appropriate to close the current Thermal Energy Storage (Schedule TES) Rate and General Service B Experimental (Schedule GS-1BX) Rate as these rates are outdated given the technologies that exist today. (Attachments A and B, respectively) 6. It is reasonable and appropriate to phase out the existing Economic Development - Citywide Rate (Schedule ED) currently utilized over a period of twelve months. (Attachment C) 7. It is reasonable and appropriate to implement a new Developmental Economic DevelopmentBusiness Retention (Schedule EDBR) Rate to attract new businesses to Anaheim, retain existing local businesses, and encourage the development of "Green Buildings". The new Schedule EDBR rate encourages participation in the U.S. Green Building Council's Leadership in Energy and Environmental Design (LEEDTM) program to develop environmentally friendly commercial and industrial buildings in Anaheim by offering the discount to customers of record who occupy those buildings for the first three years, and provides additional selling and/or leasing advantages to developers who meet the requirements of LEEDTM, and promotes new environmentally friendly businesses to locate within Anaheim. The Schedule EDBR Rate provides athree-year declining discount of 15, 10 and 5 percent to qualifying new, expanding, existing or LEEDTM customers. After the three years are complete, the customer will transfer to the otherwise applicable rate. (Attachment D) 8. It is reasonable to implement a new Developmental Thermal Energy Storage Rate (Developmental Schedule TES) to address new technologies that shift air conditioning load off-peak, reduce purchased energy and associated emissions. The Developmental Schedule TES Rate allows the Anaheim Public Utilities General Manager (APU GM), upon approval by the Anaheim City Council, to make limited changes to incorporate the advantages of new meter technology, conform to industry standards and to streamline a manual portion of the billing process as well as implement, modify, extend, restrict, or close this Developmental Schedule TES Rate to new customers upon notification to the City Council. The Developmental Schedule TES Rate will continue for all customers with a signed contract for a period of five years, after which, those customers will transfer to the otherwise applicable rate. (Attachment E) 2 9. It is reasonable and appropriate to implement a Wireless Technology Rate (Developmental Schedule WTR) to address small fixed energy usage that does not require individual meters. The Developmental Schedule WTR allows the APU GM, upon approval by the Anaheim City Council, to make limited changes to incorporate the advantages of new meter technology, conform to industry standards and to streamline a manual portion of the billing process as well as implement, modify, extend, restrict, or close this Developmental Schedule WTR upon notification to the City Council. The affected customers will transfer to the otherwise applicable rate. (Attachment F); 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 these rates 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 recommended 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 Attachments A, B, C, D, E and F; and WHEREAS, based on the finding hereinabove made, the Public Utilities Board of the City of Anaheim recommended 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 thereby adopted by the City Council of the City of Anaheim. The amendments, deletions, and additions to the Electric Rates, Rules, and Regulations as shown in Attachments A, B, C, D, E and F, are hereby adopted by the City Council of the City of Anaheim and will become effective August 8, 2006. // // // // // // // // // 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 08 day of August , 2006, by the following roll call vote: AYES: Mayor Pringle, Council Members Chavez, Hernandez, Galloway, Sidhu NOES: None ABSENT: None ABSTAIN: None CITY OF HEIM By MAYOR OF THE CITY F ANAHEIM ATTEST: CI CLE OFT CITY OF ANAHEIM 61985.4 4 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 APPLICABILITY ELECTRIC RATES, RULES AND REGULATIONS Attachment A SCHEDULE TES THERMAL ENERGY STORAGE This schedule is closed to new customers effective July 1, 2006. Applicable to three-phase electric service for thermal energy storage equipment which is metered separately from other lighting and equipment load. AVAILABILITY A customer meeting the requirements set forth above and desiring service on this schedule, or currently served on this schedule and desiring service on a different schedule, shall notify the City in writing at least ninety (90) days in advance of his intended change in service schedule (unless meter availability allows less notice). A customer will be restricted from exercising the option to switch schedules more than once in any twelve-month period. Service under this schedule is subject to meter availability. RATES ( ) Per Meter Summer Per Meter Winter Demand Charge: All on-peak billing demand, per kW $11.90 $11.90 Plus all mid-peak billing demand, per kW $ 4.32 $ 4.56 Plus all off-peak billing demand, per kW N/A N/A Energy Charge (added to Demand Charge) All on-peak energy, per kWh 9.98¢ 9.98¢ Plus all mid-peak energy, per kWh 5.28¢ 5.28¢ Plus all off=peak energy, per kWh 2.88¢ 2.88¢ SPECIAL CONDITIONS _ A. Service voltage per rules and regulations. B. Time periods are defined as follows: On-Peak: 1:00 p.m to 7:00 p.m. summer weekdays except holidays. Mid-Peak: 9:00 a.m. to 1:00 p.m. and 7:00 p.m. to 9:00 p.m. summer weekdays except holidays. 10:00 a.m. to 5:00 p.m winter weekdays except holidays. Off-Peak: All other hours. Off-peak holidays are New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. When any holiday listed above falls on Sunday, the following Monday wilt be recognized as an off-peak period. No change in ofl=peak hours will be made for holidays falling on Saturday. The summer season shall commence at 12:01 a.m.on May 1 and- continue until 12:00 midnight on October 31 in each year. The winter season shall commence at 12:01 a.m. on November 1 of each year and continue until 12:00 midnight on Apri130 of the following year. C. Billing Demand The billing instruments premises. demand in any month shall be based on electric consumption indicated or recorded by supplied, owned, and maintained by the City, at the City's expense, upon the customer's ISSUED BY: Effective: 01-01-04 by Resolution No.: 2003R-187 Dated: 10-14-03 Marcie L. Edwards Superseding Resolution No.: 92R-25 Dated: 03-17-92 General Manager Superseding Resolution No.: 2006R- Dated: 08-08-06 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS Attachment A SCHEDULE TES THERMAL ENERGY STORAGE Separate billing demand shall be determined for the on-peak and mid-peak time periods. The billing demands for the on-peak and mid-peak time periods shall be the maximum rate of consumption of electric energy measured in any 30-minute interval during the monthly billing period. Billing demand shall be determined to the nearest kW. Where the demand is intermittent or subject to violent fluctuations, the maximum demand may be based on a shorter interval. . D. Power Factor Adjustment The charges will be adjusted each month for the power factor as follows: The charges will be increased by 25 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 kilowatt hours. Demand in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device will be installed on the kilovar-hour meter to prevent its reversal operation on leading power factor. E. Temporary Discontinuance of Service Where the use of energy is seasonal or internttent, no adjustment will be made for a temporary reduction of load. Any customer who resumes service within twelve months must pay all charges that would have been billed had service been continuous. F. 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 schedule. ISSUED BY: Effective: 01-01-04 by Resolution No.: 2003R-187 Dated: 10-14-03 Marcie L. Edwards Superseding Resolution No.: 92R-25 Dated: 03-17-92 General Manager Superseding Resolution No.: 2006R- Dated: 08-08-06 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 APPLICABILITY ELECTRIC RATES, RULES AND REGULATIONS Attachment B SCHEDULE GS-IBX GENERAL SERVIC): - E~PEkIMENTAL This schedule closed to new customers effective August i, 2006. For purposes of business development and retention, applicable to single and three phase general service, including lighting and power, for production and manufacturing operations within the City of Anaheim with 15 kW demand or greater, but less than 200 kW demand. This schedule is available to customers whose normal production hours would include the on-peak time periods as specified in the Special Conditions set forth herein and who can demonstrate to the Public Utilities General Manager that it would be to the customer's economic advantage to locate operations elsewhere. Eligibility for this schedule is solely at the discretion of the Public Utilities General Manager and the number of customers on the schedule at any time maybe limited. RATES Per Meter, Per Month Customer Charge $39.55 Facilities Charge (added to Customer Charge), per kW: $ 1.15 Demand Charge (added to Facilities Charge): Non Time Related Maximum Demand, per kW $ 1.92 On-Peak Demand, per kW $11.90 Energy Charge (added to Demand Charge): All kWh; per kWh 7.42¢ Minimum Charge: The minimum charge shall be the total of the monthly Customer Charge and Facilities Charge. SPECIAL CONDITIONS A. Service voltage per rules and regulations B. The Facilities charge shall be based on the rated transformer capacity, which shall be 50 percent of the installed transformer kilovolt-amperes dedicated to the customer, or the highest demand recorded in the preceding eleven billing periods, whichever is greater, but in no event shall it be less than 15 kW. C. The Maximum Demand shall be the average kilowatt load to the nearest one-tenth kilowatt during the 15- minute period of greatest use at any time during a rating interval, as recorded by the Department's meter. In cases where demand is intermittent or subject to severe fluctuations, the Department may establish the Maximum Demand on the basis of measurement over a shorter interval of time or the kilovolt-amperes of installed transformer capacity required to meet the customer's load. D. The on-peak demand charge shall be based on the Maximum Demand recorded within the applicable rating period. E. Time periods are defined as follows: On-Peak: 1:00 p.m. to 5:00 p.m.; summer weekdays except holidays. Holidays are New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas. When any holiday listed above falls on Sunday, the following Monday will be recognized as an off-peak period. The summer season shall commence at 12:01 a.m. 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 ISSUED BY: Effective: 01-01-04 by Resolution No.: 20038-187 Dated: 10-14-03 Marcie L. Edwards Superseding Resolution No.: 938-46 Dated: 03-09-93 General Manager Superseding Resolution No.: 20068- Dated: 08-08-06 CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment B SCHEDULE GS-1BX GENERAL SERVICE -EXPERIMENTAL SPECIAL CONDITIONS (Continued] year and continue until 12:00 midnight on May 31 of the following year. F. Where the Department installs the standard transformer capacity requested by a customer to separately serve any X-ray installation, the Customer Charge will be increased by $1.00 per kva of the transformer capacity requested. G. No adjustment will be made for any temporary reduction in load. Any customer who resumes service within twelve months must pay all charges that would have been billed had service been continuous. H. 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 schedule. ISSUED BY: Effective: 01-01-04 by Resolution No.: 2003R-187 Dated: 10-14-03 Marcie L. Edwards Superseding Resolution No.: 93R-46 Dated: 03-09-93 General Manager Superseding Resolution No.: 2006R- Dated: 08-08-06 CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 APPLICABILITY ELECTRIC RATES, RULES AND REGULATIONS Attachment C SCHEDULE ED ECONOMIC DEVELOPMENT -CITYWIDE This schedule is closed to new customers as of August 1, 2006. The discount for existing customers will sunset on July 31, 2007. Customers may apply for a similar discounted program under Schedule EDR if they qualify under the stated requirements. For purposes of business development, applicable Citywide to single and three phase general service, including lighting and power, for operations not involved in selling or providing goods and services directly to the general public. Applicable to new customers having load requirements of 200 kW or greater, and to the facilities of existing customers whose expanding operations have incremental load requirements of 200 kW or greater at new or existing locations. _ _ ._ _ _ _ . _ ._ _.. _ .. _. RATES A discount from Schedule GS-2 applied to the demand and energy charges only as follows: Efficiency Range Discount Less than 60% 0.0% 60% - 64% 5.0% 65% - 69% 5.5% 70% - 74% 6.0% 75% - 79% 6.5% 80% - 84% 7.0% 85% or greater 7.5% The efficiency Range will be calculated as the actual energy consumption in the billing period divided by the result of multiplying the maximum demand in the billing period by the number of days in the billing period by 24 hours, with the final result expressed as a percentage. (Continued) Efficiency Range % = actual energy consumption max billing demand x days in period x 24 SPECIAL CONDITIONS A. Eligible customers will implement all cost effective energy efficiency measures through programs sponsored by the Department. B. Unless otherwise provided for in this Schedule, all of the terms and conditions of the Otherwise Applicable Tariff apply. The Otherwise Applicable Tariff is Schedule GS-2. C. For customers locating in the Anaheim Canyon Industrial Area, as defined by the North East Area Specific Plan, and signing development agreements with the Community Development Department, the discount percentages specified above will be doubled. If, during the Term of Agreement, any governmental agency, authority, court or private entity takes an action which materially impacts the City's ability to recover its cost under Schedule GS-2, less the appropriate Efficiency Range Discount, the City may renegotiate with the customer the rate for electric service set forth in Phis schedule. D. For existing customers adding 200 kW or more in new load, the discount applies only to the new load, which must be served under a separate service, or, at the Department's option, submetered. The customer shall supply, at no expense to the Department, any metering equipment necessary as well as a location suitable to the Department for meters and associated equipment used for billing. ISSUED BY: Effective: OS-15-95 by Resolution No.: 95R-64 Dated: OS-0~ -95 Edward K. Aghjayan Superseding Resolution No.: 2006- Dated: 08-08-06 General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment D DEVELOPMENTAL SCHEDULE EDBR ECONOMIC DEVELOPMENT !BUSINESS RETENTION RATE APPLICABILITY: For purpose of business development, applicable Citywide to commercial or industrial end-use single and three phase general service 1. New commercial /industrial end-use customers having load requirements of 200 kW or greater, 2. Existing commercial /industrial end-use customers expanding operations at existing locations that have incremental load requirements of 200 kW or greater, 3. Existing commercial /industrial customers whose load requirements are 200 kW or greater and except for this rate would relocate from APU service territory, 4. New commercial /industrial end-use customers located in a building deemed eligible for the benefits of "Green Building" including U.S. Green Building Council Leadership in Energy and Environmental Design (LEED) certification. New, incremental and existing load must maintain at least a 60% load factor. Those customers falling below 60% load factor on any monthly bill will receive a 0% discount on that particular bill. RATE: A discount applied only to the demand and energy charges billed to the customer in accordance with the applicable tariff. This credit is available for new, expanding, existing or "LEED" customers. Year Discount 1 15% 2 10% 3 5% SPECIAL CONDITIONS: A. Cost Effective Energy Efficiency Measures: Eligible customers will implement all cost effective energy efficiency measures that are available through programs sponsored by the Department. B. Other Applicable Tariff: Unless otherwise provided for this Schedule, all terms and conditions of the otherwise applicable tariff apply. C. Incremental Load: For existing customers adding 200 kW or more of incremental load as defined in item 2 of paragraph titled Applicability, the discount shall apply only to the incremental load requirement, which must be served under a separate service, or at the Department's option, be submetered. D. Retained Load: For existing customers, as defined in item 3 of paragraph titled Applicability, retaining 200 kW or more, the discount applies to the entire load. ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment D DEVELOPMENTAL SCHEDULE EDBR ECONOMIC DEVELOPMENT /BUSINESS RETENTION RATE SPECIAL CONDITIONS (Continued): E. Termination Date: No customers will be accepted on this rate schedule after December 31, 2008, or at the discretion of the APU General Manager upon notification of City Council. Once athree-year agreement has begun, the discount will be provided even after the program is no longer offered to new customers. F. Agreement: Customers shall execute an economic development rate agreement as specified by the Department prior to the effective date of any discount. G. Declaration: All customers will be required to sign a declaration to be eligible for this rate. The declaration must include the following: 1. A clause indicating the EDBR was a determining factor in locating, expanding or retaining business in Anaheim. 2. The load to which the Agreement applies represents load requirements either (i) dces not already exist in Anaheim, or (ii) the Applicant is considering relocating to a location outside of Anaheim. 3. The Applicant has discussed with the Department the cost-effective conservation and load management measures the Applicant may take to reduce its electric bills and the load that it places on the Urility system. 4. The relative cost of electricity is a significant factor in the customer's evaluation of - whether to relocate from Anaheim. H. Green Building: The "Green Building", as definied in item 4 of paragraph titled Applicability, includes all commercial or industrial buildings, (in excess of 200 kW) including new construction or major renovation, that meet LEED certifications and has been pre-qualified for rebates under the Department's Green Building program. This discount applies to the entire load. I. Load Factor: The load factor will be calculated as the actual energy consumption in the billing period divided by the result of multiplying the maximum demand in the billing period by the number of days in the billing period by 24 hours, with the final result expressed as a percentage. Load Factor % = actual energy consumption max billing demand * days in period * 24 ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-OS-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND RY+;GULATIONS Attachment E DEVELOPMENTAL SCHEDULE TES THERMAL ENERGY STORAGE RATE APPLICABILITY: Applicable to electric service for all load in a facility that installs and utilizes thermal energy storage equipment. Customers must execute an application with APU for service under this schedule. Effective with the date the customer becomes ineligible for service under this Schedule, the customer's account shall transfer immediately to the otherwise applicable tariff based on commercial energy usage. This developmental rate will be closed December 31, 2011 or such date at the direction of the General Manager upon notification and approved by City Council that it is appropriate to offer such services under a permanent Schedule. RATE: Customer Charge Demand Charge (to be added to Customer Charge) All on-peak billing demand Plus all mid-peak billing demand Plus all off-peak demand Energy Charge (to be added to Demand Charge) All on-peak energy Plus all mid-peak energy Plus all off-peak energy SPECIAL CONDITIONS: A. Adjustments, fees and taxes: Per meter Per meter Summer Winter $ 5.00 $ 5.00 Per kW Per kW Summer Winter $ 12.00 not applicable $ 4.25 $ 4.50 not applicable not applicable Per kWh Per kWh Summer Winter 10.00¢ not applicable 5.00¢ 5.00¢ 3.00¢ 3.00¢ The rates above are subject to adjustments 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 schedule. The rates above are subject to the underground surcharge on the total electric charge. The rates above are subject to the collection of the state energy surcharge applied to all kilowatt-hours billed. B. Voltage: Service voltage per rules and regulations. ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment E DEVELOPMENTAL SCHEDULE TES THERMAL ENERGY STORAGE RATE SPECIAL CONDITIONS (Continued): C. Definition of peak periods: Summer: May 1 at 12:01 am to October 31 at 12:00 midnight On-peak: 1:00 pm to 7:00 pm weekdays. Mid-peak: 9:00 am to 1:00 pm weekdays. Off-peak: 7:00 pm to 9:00 am weekdays and weekends Winter: November 1 at 12:01 am to April 30 at 12:00 midnight On-peak: Not applicable. Mid-peak: 10:00 am to 5:00 pm weekdays. Off-peak: 5:00 pm to 10:00 am winter weekdays and weekends When in the sole opinion of APU, it is impractical to provide single phase service under this Schedule; three phase service will be provided. D. Determination of monthly usage: The customer must provide APU information from which APU can determine the level of kWh usage to be consumed and / or level of service to be provided; such as TES unit nameplate rating and the number of units to be installed. APU will place the customer in the appropriate usage tier and charge according to the maximum value of that tier. APU retains the right to perform on-site inspections to verify the energy consumption of the TES unit(s). E. Billing: A customer's bill is calculated according to the rates and conditions listed above. The customer is responsible, subject to APU audit to report all additions to /removals from APU facilities. F. Billing Demand: The billing demand in any month shalt be based on electric consumption indicated and recorded by instruments supplied, owned and maintained by APU upon the customer's premises. Separate billing demand shall be determined for the on-peak and mid-peak time periods. The billing demands for the on-peak and mid-peak time periods shall be the maximum rate of consumption of electric energy measures in any 15-minute interval during the monthly billing period. Billing demand shall be determined to the nearest kW. G. Power Factor Adjustment: The charges will be adjusted each month for the power factor as follows. The charges will continue to be adjusted by 25 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 or the kilovar-hours to kilowatt hours. Demand in kilowatts and kilovars shall be determined to the nearest unit. A ratchet device shall be installed on the kilovar-hour meter to prevent its reversal operation on leading power factor. ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM Utilities Financial Services 201 S. Anaheim Blvd. Anaheim, CA 92805 ELECTRIC RATES, RULES AND REGULATIONS Attachment E DEVELOPMENTAL SCHEDULE TES THERMAL ENERGY STORAGE RATE SPECIAL CONDITIONS (Continued): H. 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 months must pay all charges that would have been billed had the service been continuous. I. General Manager: The APU general manager may implement, modify, extend, restrict or close this developmental schedule to new customers upon notification and approval of City Council. The rate will continue for all customers with a signed application for a period of five years or until the closing date of December 31, 2011 which ever occurs first, after which, they will be transferred to the otherwise applicable rate. ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment F DEVELOPMENTAL SCHEDULE WTR WIRELESS TECHNOLOGY RATE Application and Contract for Electric Service Provided under Experimental Schedule WTR Wireless Technology Rate Customer identification number Customer location number To: Anaheim Public Utilities Department (APU): The undersigned applicant hereby requests APU to supply electric service and to deliver electric energy to and for the equipment hereinafter described in accordance with the applicable rates and rules of APU including the tariff set forth. Applicant agrees to the following: 1. Applicant agrees to comply with rates and rules and with any changes or modifications thereof which may be authorized by the City Council of Anaheim. 2. Applicant agrees to take and pay for unmetered service under Experimental Schedule WTR based on fixed usage categories and one customer charge per month. 3. Applicant grants APU right of way as required by APU. 4. Applicant will install per City standards and City inspection and load control device that will ensure that Applicant does not exceed the fixed used categories. 5. Any other Safety /Engineering requirements. 6. Applicant agrees that once the maximum kWh of a tier has been exceeded, APU may immediately move applicant to the next available tier. 7. APU will review rate on or before December 31, 2009 and review the applicability of a permanent rate given future unknown requirements of wireless technology. 8. The contract rate is subject to rate changes approved by Council or changes in the Power Cost Rate Stabilization Account charge. 9. As described in Rule 14 B, APU will exercise reasonable diligence to furnish a continuous and sufficient supply of electricity and to minimize the occurrences of outages; however APU does not guarantee a continuous or sufficient supply or freedom from such conditions which may affect the electricity provided. APU will exercise reasonable diligence to reinstitute the delivery of electricity. Device model number Wattage rating Fixed energy usage Service address Service voltage Connected load Estimated max demand Corporation /Signature Dated APU signature Dated ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND REGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805. Attachment F DEVELOPMENTAL SCHEDULE WTR WIRELESS TECHNOLOGY RATE SPECIAL CONDITIONS (Continued): D. Determination of Monthly Usage: The customer must provide APU information from which APU can determine the level of IFWh usage to be consumed and / or level of service to be provided; such as device nameplate rating and the number of devices to be installed. APU will place the customer in the appropriate usage tier and charge according to the maximum value of that tier. APU retains the right to perform on-site inspections to verify the energy consumption of the device(s). E. Installation: The device(s) shall be installed on traffic signals and street light facilities. The installation and removal of such device(s) will be performed by the customer at the customer's expense. Device installation shall be performed where location, mounting height and / or other considerations is acceptable to City standards. F. Modifications: Where the customer requests a modification of traffic signals and street light facilities, and such modifications are acceptable to APU, APU will perform the requested modifications at the customer's expense. G. Maintenance: APU shall exercise reasonable care and diligence in maintaining its traffic signals and street light facilities. Upon installation of device(s) where APU experiences or expects to experience maintenance costs exceeding its normal expense to maintain its facilities, APU may require the customer to pay the excess maintenance. H. Billing: A customer's bilt is calculated according to the rates and conditions listed above. The customer is responsible, subject to APU audit to report all additions to /removals from APU facilities. I. Interruptions: As described in Rule 14 B, APU will exercise reasonable diligence to famish a continuous and sufficient supply of electricity and to minimize the occurrences of outages; however APU does not guarantee a continuous or sufficient supply or freedom from such conditions which may affect the electricity provided. APU will exercise reasonable diligence to reinstitute the delivery of electricity. J. General Manager: The APU general manager may implement, modify, extend, restrict or close this developmental schedule upon notification and approval of City Council and the customer will be transferred to the otherwise applicable rate. ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager CITY OF ANAHEIM ELECTRIC RATES, RULES Utilities Financial Services AND R)JGULATIONS 201 S. Anaheim Blvd. Anaheim, CA 92805 Attachment F DEVELOPMENTAL SCHEDULE WTR WIRELESS TECHNOLOGY RATE Application and Contract for Electric Service Provided under Experimental Schedule WTR Wireless Technology Rate Customer identification number Customer location number To: Anaheim Public Utilities Department (APU): The undersigned applicant hereby requests APU to supply electric service and to deliver electric energy to and for the equipment hereinafter described in accordance with the applicable rates and rules of APU including the tariff set forth. Applicant agrees to the following: 1. Applicant agrees to comply with rates and rules and with any changes or modifications thereof which may be authorized by the City Council of Anaheim. 2. Applicant agrees to take and pay for unmetered service under Experimental Schedule WTR based on fixed usage categories and one customer charge per month. 3. Applicant grants APU right of way as required by APU. 4. Applicant will install per City standards and City inspection and load control device that will ensure that Applicant does not exceed the fixed used categories. 5. Any other Safety /Engineering requirements. 6. Applicant agrees that once the maximum kWh of a tier has been exceeded, APU may immediately move applicant to the next available tier. 7. APU will review rate on or before December 31, 2009 and review the applicability of a permanent rate given future unknown requirements of wireless technology. 8. The contract rate is subject to rate changes approved by Council or changes in the Power Cost Rate Stabilization Account charge. 9. As described in Rule 14 B, APU will exercise reasonable diligence to famish a continuous and sufficient supply of electricity and to minimize the occurrences of outages; however APU does not guarantee a continuous or sufficient supply or freedom from such conditions which may affect the electricity provided. APU will exercise reasonable diligence to reinstitute the delivery of electricity. Device model number Wattage rating Fixed energy usage Service address Service voltage Connected load Estimated max demand Corporation /Signature Dated APU signature Dated ISSUED BY: Effective: 08-08-06 by Resolution No.: 2006R- Dated:08-08-06 Marcie L. Edwards Superseding Resolution No.: Dated: General Manager PUBLIC HEARING PROPOSED ELfiCTRXC RATES CITY HALL WEST (CHW) AT 5:00 P.M. SECOND FLOOR, GORDON HOYT CONFERENCE CENTER 201 SOUTH ANAHEIM BOULEVARD, ANAHEIM, CALIFORNIA TAKEN ON JULY 6, 2006 Reported by: Deborah K. Sylvester CSR No. 10532. HAHN k BOWERSOCK (800) 660-3187 (714) 662-1398 Fax HA~-iN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 1 LIST OF PARTICIPANTS 1 Anaheim, California; Thursday, July 6, 2006 , 3 PUBLIC Vra~T-ES BOARD (PUB) MEMBERS: 2 5:00 p.m - 5:30 p.m 4 JOHN ELWELL, VICE-CHAIRMAN (CRADLING THE PUBLIC 3 5 MARCIA GAR, IEN. PUBLIC UTILITIES BOARD MEMBIIt 4 1~~. CF1A1R1V1AN: Wltli t118t, I Wlll OpCn t11C LoN cAHni, Pusuc urnmFS BOARD MEMBER 5 public hearing for approval of proposed closure of 6 DOUG CLA1tIC, PUBLIC UTILITIES BOARD MEMBER PAr cARROLL, Pueuc ura.mFS BOARD MEMBER 6 the current Thermal Energy Storage (Schedule TES) and e ATroRNEY FoR THE PUBLIC uTiuTlFS BOARD: '7 General Service - Experimental (Schedule GS-1 B3Q 9 MARx CORDON, ASSISTANT CITY ATTORNEY - cnm, a Rates, and implementation of'a Developmental Themlal l0 PUBLIC UTD.rrIES DEPARTMENT STAFF (SWORN D~: 9 ~^~.,,,, Stora a Rate vel mental Schedule TES ~"`" 67 g ~ ~ ~~ 11 i o phasing out existing Economic DevelOptnent -Citywide MARCDi L EDWARDS, PUBLIC UTILITIES GENERAL MANAGER 11 Rate Schedule ED and ' lementin anew ( ) mtP g 12 MARK E MA7AK. ASSISTANT GENERAL MANAGER, FDVANCE AND ADMIDIISiRATION 12 Developmental Economic DevelopmentBusiness Retention 11 ALISOON~ ' DEPUTY CrrY ATTORNEY n . CIVIL. (NOT 13 (Schedule EDBR) Rate; and implementing of a Wireless 1a IAMCE ROOSEVELT, BUSB~ESS DEVELOPMENT MANAGER 14 Technology Rate (Developmental Schedule WTR) 15 RUNDA LE DU CLTI71I7TFS AUTOMATED SYSTEMS SUPERVISOR 15 (Electric Rates, Rules and RCgulatials). KEN NOLLER, ASSISTANT GENERAL MANAGER. EIF.C7'RIC 16 Now, at this time the public hearing Will be 16 SERVICES DON CALKiNS. ASSISTANT GENERAL MANAGER, WATER 17 Open. I will Call upon the COUrt fCpOitCr to SWear 17 sERV[CES 1 s all Staff witnesses and other persons who intend to le NONPARTICIPANTS: 19 testify Ott this matter. la MARK WARD, OBSERVER 2 0 (All witnesses wets sworn by the s o >~ sTON>; OBSERVER 21 Shorthand Reporter.) LYNN QUTAMBAO, ADMIM37RJ1TrJE ASSISTANT 2 2 MR, C7:11'~IRMAN: The Of this ub1iC Pose P 21 GDQA MOLAJA, IXECUTIVE SECRETARY as 2 3 hearing is to consider the proposed ametldments, 2' s+ 2 4 deletions, and additions to the Electric Races, Rules 2 s 2 5 and Regulations, effective August 1st, 2006, as covered 2 4 1 1 in the opening statement. ~ IND°t 2 Is them anyone who wishes to present a request wrlNESS PAGB 3 tO delay the heating? + 4 1n that case, if no one is wishing to ask for irtARC>E L sDWARDS I I 5 such a dela ,then we will Y P• 5 BY Ms. uoTr 6 I will next present an overview of ow hearing + irtARK E MAZAK I3 7 rOCCSS. p ~ 8 MR. CORDON: John, before we ~clo that, there's ~ "~' >corr 9 One other request. There's another statement that you ~ l o need to read. to ~~~ 11 lvIIt. C7H;AIRMAN: Oh, Pm sorry. 11 rAGe 12 1VIR. CORDON: It's here at the bottom. 12 STAFF'S DESCRIPTION MARKED 13 MR- CE:IAIRMAld: Oh, yes. 17 1 s-zs.ob kn« P~al~ v~w« 2s Gercnl Manger a Public 14 Is there any~oae who wishes to present a is ~ ~ 15 Petition to Intervene in this proceeding? ~ 2s a 2 Md~ie L Edwa,~ 16 Hearing none, then we will proceed and go 16 D ~~ Dirxt wtimony of 26 17 ahead. 17 Made Mmk wd~h aaached 18 I will now present the overview of the hearing E:bibits MM-1 daou~h MM-2 19 prOCCSS. le 4 ~~ ML>r1 movan MIEI o 26 2 0 Prior to opening the public participation 19 s APCdwit of Tublia6on z6 21 portion of the hearing, however, I would. like to z o and Public Notices 2 2 explain the procedures that the Public Utilities Board ;z 23 will follow in conducting this hearing. z3 24 First, Staff will present its oral and prepared s+5 25 testimony. Second, at the completion of the Staffs 3 5 2 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 1 entire presentation and testimony, the Board will have 2 an opportunity to ask questions of the Staff related to 3 those matters within the Staffs presentation. 4 Next, we will be hearing testimonyand/or 5 comments from the public, which may be in oral or in 6 written format. First, the Board will hear testimony 7 from persons wishing to testify in favor of the 8 proposed actions and then the Board will hear from 9 persons wishing to present testimony in opposition of l0 the proposed actions. 11 And fourth, at the close of all testimony, 12 Staff may present closing remarks. And it's also 13 important to note that we would generally like to limit 14 any time of comments to five minutes unless extended by 15 the Chair. 16 Then, after Staff has completed their closing 17 remarks, Staff will move that the testimony and records 18 be accepted into the records of the hearing. 19 Finally, at that time the Board may discuss all 2 0 evidence presented to it but may not ask additional 21 questions of the Staff or the public who have testified 2 2 without reopening the record. 2 3 Now, does tbe Board have any questions as to 2 4 the procedures for this public hearing? 2 5 Has the Secretary of the Board received any 6 1 correspondence or other evidence concerning the subject 2 of the hearing? 3 MS. EDWARDS: No, we have not. 4 MR C~G~IltMAN: I will then call upon the Staff 5 to make its presentation. 6 MS. KOTT: Good evening. As most of you know, 7 my name is Alison Kott, and Pm here representing the s Anaheim Public Utilities Department. 9 With me today is Marcie Edwards, who has some l 0 opening remarks she'd like to make. 11 MS. EDWARDS: Thank you, Ms. Kott. 12 Members of the Public Utility Board, we are 13 here today to recommend changes to our ctarent electric 14 rates in six specific areas. 15 First, we propose to sunset the current Thermal 16 Energy Storage Rate and General Service B Experimental 17 Rate, These rates were never used by our customers. 18 These rates represent very early efforts to respond to 19 market changes as well as to incerrtivize certain 2 0 customer behaviors. However, the rates were not 21 designed effectively and were never used; therefore, we 22. propose their elimination. ' 2 3 Second, we propose to sunset the current 24 Economic Development Citywide Rate. Ties rate 25 initiallyperfonned its job by inventing high-load, 7 1 energy-efficient businesses to relocate to Anaheim 2 , However, at thi$ point eight customers are currently on 3 this rate, and without a sunset provision, the end 4 result is that the balance of our customers subsidize 5 these eight businesses on an ongoing basis. Therefore 6 we are recommending that this rate be phased out. 7 Third, we propose to implement a more equitable 8 economic rate, one that does include a sunset provision 9 as well as one that includes provisions for business 1 o attraction, business retention, and green building 11 incentives. 12 Fourth, we propose to implement a Developmental 13 Thermal Energy Storage Rate. This new developmental 14 rate is intended to encourage the use of alternate 15 technologies to shift power usage away from peak 16 periods. 17 Fifth, we propose to implement a Developmental 18 Wireless Technology Rato. As you know, wireless 19 technologies are rapidly proliferating. To install 2 o energy-usage meters for every wireless node and to bill 21 for each separately would be cost prohibitive. 2 2 Therefore, we are recommending a rate to address this 2 3 type of consumption, where the energy use is both small 2 4 and predictable. 2 5 In addition, having a wireless rate will ensure 1 that we charge similar carriers for similar use, 2 thereby helping to maintain a level playing field for 3 these industries in terms of cost. Further, this rate 4 will allow for an option requested by our customers, 5 which is single billing for multiple nodes. 6 And finally, we propose to include a new 7 provision in certain rate schedules that allows the e General Manager to make noncost-component changes to 9 these rates without the current rate hearing and review 1 o process. 11 This flexibility is intended to review problems 12 `that have been exemplified by my earlier comments. 13 Specifically, the Utility was unable to adjust the 14 previous storage rate without a significant investment 15 on the part of Staff both in terms of dollars and time 16 of the Rate Hearing process. 17 Therefore, the changes were never made given 18 that fiscal prudence dictated we wait until more rate 19 changes were needed in order to justify the overall 2 o expense of developing testimony and holding hearings. 21 Therefore, Staff was requested to develop 2 2 language that world allow the General Manager to make 2 3 limited types of changes. As an example, I could 24 adjust sates' applicability to enhance customer 2 5 participation or respond to unexpected negative 3 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 1 implications to either the customer or the Utility. 2 We are not proposing, however, that this be 3 done in any arbitrary manner, rather we arc 4 recommending that we explain the circumstances and 5 utilize the curnnt Counsel Staff Report process via 6 the Board to change the provisions. Therefore, this 7 new process simply allows for smaller changes to be 8 made at much less expense to ratepayers. 9 We are not suggesting any changes to our 1 o current process or base-rate changes be made. These 11 changes can be significant and must benefit from full 12 public discourse. 13 Also, I would like to offer the following: 14 Participation in these type of rates is always 15 voluntary for customers. And I mean the 16 developmental-type rates. If they don't like the 17 change, they can request to be put back on whatever 18 tariff would be otherwise applicable. 19 To give you a specific exarr~le of the typo of 2 0 change that this recommended language would allow me to 21 make, note that the Developmental Wireless Technology 2 2 Rate initially sets the monthlykilowatt-hour-usage cap 2 3 at 250 kilowatt hours. What if we find this is too 2 4 restrictive and want it set at a higher level? That 2 5 gives you one example. 10 1 This is the type of change we would then 2 utilize the Counsel Staff Report process to resolve 3 rather than incur the additional expense of a full 4 hearing and testimony. - 5 I appreciate the opportunity to bring these 6 recommendations forward. This concludes my opening - 7 remarks. 8 MS. KOTT: At this time, I call Public 9 Utilities Department's first witness, Marcie Edwards. 10 11 E7{AMINATION . 12 BY MS. KOTT: 13 Q Please state and spell your last name for the 1 4 record. 15 A Marcie Edwards, E-D-W-A-R-D-S. 16 Q Please state your business address. 17 A 201 South Anaheim Boulevard, Suite 1101, '~, 18 Anaheim, California 92805. 19 Q What position do you hold with the City of 2 o Anaheim? 21 A h'm the General Manager -excuse me - 2 2 General Manager of the Utilities Department. 2 3 Q Ms. Edwards, did you prepare a cause to be 2 4 prepared testimony for the purposes of today's 2 5 hearing? 11 1 A Yes, I did. 2 Q On June 26th, did you cause copies of your 3 prepared testimony with exhibits to be personally 4 served on the members of the Public Utilities Board, 5 the Anaheim City Clerk, and the four Anaheim public 6 libraries? 7 A Yes. 8 Q Do you have any corrections or additions to 9 your prepared testimony ox exhibits? 1 o A Yes, I do. 11 Q I'm inviting }roar attention to Exhibit MLE-5, 12 page 1 of 3, entitled "Developmental Thermal Energy 13 Schedule TES, Thermal Energy Storage Rate." 14 What do you need to revise or correct on this 15 document, if anything? 16 A Under the section entitled "Rate," under the 17 "Energy Charge" section, the subsection "All On-peak 18 Energy," there are two columns. One says "10 cents 19 per meter summer." The next cohrmn says "per meter 2 0 winter." The words should be "not applicable" as 21 opposed to "10 cents" in that column. 2 2 Q Does that conclude all changes or corrections 2 3 to your prepared testimony and exhibits? 2 4 A Yes. 2 5 Q IvLs. Edwards, as modified, is your prepared 12 1 testimony with attached exhibits true and correct to 2 the best of }roar knowledge and belief? 3 A Yes. 4 Q Did you cause the Affidavits of Publication 5 of the Notice of Public Hearing, as well as the Staff 6 Report, to be filed with the Secretary of the Board? 7 A Yes. e Q To your knowledge, did the Department receive 9 any calls, correspondence, petition for intervention 10 concerning today's hearing? 11 A No. 12 Q Do you have any further testimony at this 13 time? 14 A No, I do not. 15 MS. ICOTT: Thank you. 16 1'd like to call Public Utilities 17 Department's next witness, Mark Mazak. 18 19 EXAMII~IATION 2 o BY MS. KOTT: 21 Q Please state and spell your last name for the 22 record. 2 3 A Mark Mazak, M-A-2rA-K 2 4 Q Please state your business address. 25 A 201 South Anaheim Boulevard, Suite 1101, 13 4 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7Arraheim, California 92805. Q What position do you hold with the City of Anaheim? A Assistant General Manager, Finance. Q Mr. Mazak, did you prepare or cause to be prepared testimony for the purposes of today's hearing? A Yes. Q On June 26th, 2006, did you cause copies of your prepared testimony with exlnbits to be personally served on members of the Public Utilities Board, the Anaheim City Clerk, and the four Anaheim public libraries? A Yes. Q Do you have any corrections or additions to your prepared testimony? A No. Q Mr. Mazak, is }roar prepared testimony with the attached exhibits true and correct to the best of your knowledge and belief? A Yes, it is. Q Do you have ~y further testir~ny at this time? A No, I do not. MS. KOTT: Thank you. 14 1 Mr. Chairman, that completes the foundational 2 questions for the prepared testimony of the 3 Depamrrent's two witnesses. 4 I request that if them ere any questions 5 from the Board that we take those questionc at this 6 time. Acrd at the conclusion of the 7 question-and-answer sessioq I will ask that the s Prepared testimorry with exhibits be copied into the 9 record. Thank you. 10 MR CH[AIItMAN: Thank you, Ms. Kett. 1l Are then questions by members of the Board? 12 Keep in mind this is the time that we make those 13 questions. 14 MS. GARTEN: Just to nwiew, what section was 15 that "10 cent" corn;ction in? 16 MS. KOTT: Let me give you a copy of that for 17 yew review. 18 MS. IDWARDS: For purposes of the record, this 19 is not a change to the intent, it's a typo that we 2 0 didnR catch, so it doesn't change the strategic intent 21 or the rate in arty way other than to align it with the 2 2 testimony that you've both heard end read. 23 MS. GART'EN: Thank you. 2 4 MR C'f[AIRMAN: Arty other comments by members of 2 5 the Board or questions to the Staff as part of this 15 1 hearing? 2 MR. CANTLE: Mr. Chairman, I've read through 3 this a number of times, more than once, and I have 4 questions that came to mind as I tried to absorb most 5 all of this. They were pretty much answered. 6 And it appears to me that they are reasonable. 7 All of these items that are proposed changes seem 8 reasonable tome, and appropriate, and I have no real 9 questions, deep questions, concerning this. 10 MR CHAIRMAN: All right, then. i l Yes, Mr. Carroll? 12 MR. CARROLL: Thank you, Mr. Chairman. 13 I had a question about the changes that would 14 be made by the Gareral Manager that would be outside of 15 the rate changes, and I wonder if we could have a 16 little better description. 17 Is it any changes other than rate changes that 18 can be made by the General Manager? 19 MS. EDWARDS: The changes are specific to what 2 o we're temring "developmental rates." The intent is to 21 be able to adjust problems where normally we would have 2 2 to wait until we'd accumulated enough rate changes to 2 3 then justify a hearing, the cost of which is fairly 2 4 extensive to customers, with Staff; prepared testimony. 2 5 The type of adjustments are in 16 1 noncost-component categories, such as applicability. 2 The most relevant example -actually, the best basis I 3 can show you is the rates that we4e sunsetting -the 4 Thermal Energy Storage hate, the experimental rates - 5 they've been in place 12 years and no customers have 6 ever used them 7 That's because the applicability to a 8 particular customer base, we have no means to adjust 9 those after the fact. If we didn't design it correctly 1 o ar if there are unintended consequences, we basically 11 live with those until we can have a full hearing 12 process and bring it back through counsel. 13 What we are proposing is, in this small area of 14 noncost components, such as applicability, that I have 15 the flexibility to adjust things such as applicability. 16 The example that we offered is we are 17 establishing a use cap of 250 kilowatt hours on the 18 Wireless Technology hate. Well, what if I find it's 19 better at S00 or that it should be less? That's the 2 o kind of change I can make that will than bring to the 21 Board, go through the Board, go to counsel, and then be 2 2 approved. 2 3 So the only part of the process that would be 2 4 different is we wouldn't have the Public Hearing 2 5 process because that change is fairly small, and those 17 5 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 RALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 1 that will be affected always have the right to 1 would take effect? 2 voluntarily get off of those particular rates. They're 2 MS. EDWARDS: Yes. The only change would be 3 not mandated change. 3 the lack of a public hearing and the testimony ptncess. 4 So it's to better tailor it to customers, to be 4 It would still go to the Board. It wouid still go to 5 able to make adjustments that were unexpected in terms 5 ~ counsel 6 of particularly areas that limit participation. That's 6 MR CARROLL: Those are my only questions. 7 what I'm more concerned about than any. 7 Thank you. 8 Customers have the right to fall back to an 8 MS. GARTEN: I just wanted to add to a couple 9 otherwise applicable tariff. They`re not required to 9 of those. 1 o stay on it, particularly if they don't like the nature 1 o MR C:biAIRMAN: yes, Ms. Garter? 1l of the change. 1l MS. GARTEN: With regard to the Economic 12 That gives you some idea of the example of the 12 Development Schedule D and Schedule C, would some of 13 type of changes that we're talking about. 13 those adjustments -you alluded to a volume 14 MR CARROI.L: Let me ask a question. One of 14 adjustment, but would some of those also be 15 the things you indicated was that that particular rate 15 geographical adjustments? Because it seems that 16 plan did not have a sunset provision. Would you as the 16 Schedule ED is specifically geographically oriented 17 General Manager be allowed to put a sunset provision 17 toward the Anaheim Canyon Industrial Center. 18 into the program since that doesn't constitute a rate 18 MS. EDWARDS: I will ask Mr. Vodzack to address 19 change? 19 that question. 2 o MS. EDWARDS: Potentially, yes, but anything we 2 o MR VODZACK This Economic Developmeat Rate, 21 would do along those lines, the recommendation would 21 Business Retention Rate right now here is the same 22 still come through the Board and counsel. And I must 22 throughout the entire Anaheim service territory. 2 3 stress that it's not providing me with an opportunity 2 3 That's compared to the current rate, which has 24 to arbitrarily define those provisions but rather, 24 segmented into the Anaheim Capon area and all others. 2 5 thin, to make recommendations and route it through the 2 5 Sothis is strictly a geographical rate applicable 18 20 i typical approving bodies. 1 equally to all of the Anaheim service territory. 2 But what I would suggest in that instance, 2 Does that answer your question? It appears it 3 let's say there were significant unintended 3 does not. 4 consequences as a result of that rate, I would put 4 MS. GARTEN: No, stn, It doesn~. I'm sorry. s forth a suggestion that we change it, that we have a 5 MR VODZACK Okay. Do you want to rephrase 6 phaseout schedule, that we have a notice schedule. 6 the question? 7 That's what I would bring forward to counsel and then 7 MS. GARTEN: Are there discretionary elements e to the Board, and then subsequent to counsel to 8 for adjusting the geographical zone that is referred 9 recommend. 9 to? Are you saying it's just citywide? 10 So yeah, I believe that it would allow me to l 0 MR VODZACK: There are no geographical l i cancel or to sunset rates in order to protect both l 1 provisions and it's citywide. These are all citywide 12 customers' interests and those of the Utility. And we 12 rates 13 could do that now with the exception of having to 13 MS. GARTEN: Okay. I guess I don't 14 create the Public Hearing process, which we still need 14 understand - 15 it piece for base rates because those are significant 1 s MR. CHAIRMAN: The old one was geographical. 16 changes. 16 The one we're eliminating is geographical, and it would 17 MR CARROLL: One more question about something 17 be replaced by a citywide; is that correct? is you just said. 18 MR VODZACK: That's cortect. 19 MS. EDWARDS: Sure 19 The old one had a geographical provision that 2 0 MR CARROLL: So if you wanted to put in place 2 0 allowed one geographical area to have a higher 21. a sunset provision in something that doesn't affect a 21 incentive than the rest of the city of Anaheim. This 22 rate change, you would be -it's saying that the 22 rate here is the same throughout all of the city of 2 3 General Manager would be allowed to do that, but the 2 3 Anaheim. 24 way you just spoke, it would be done with the approval 24 MS. GARTEN: That just wasn't clear in the memo 2 5 by the commission and the coun.4e1 before that change 2 5 itself. If you look at Subpoint C, it's highlighted 19 21 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 6 1 that it's just that one geographical area. Thank you 2 for clarifying that. 3 And then the other question, I suppose, is 4 referencing Attachment D, the Developmental Schedule 5 for the Business Retention Rate. And perhaps you've 6 already explained this. But the percentage of the 7 discounts would not change as that would be affecting 8 the rate itself; is that correct? 9 MS. EDWARDS: It would be a declining rate of 10 15, 10 and 5 percent. 11 MS. GARTEN: Okay. 12 MR. CARTEL: Mr. Chairman? 13 MR. CHAIRMAN: Yes, Mr. Cahill. 14 MR. CARTEL: Mr. Carroll hit on a point, and 15 I'm glad Ms. Edwards reiterated my understanding of 16 what I read regarding the General Manager's ability to 17 make changes. And the way I read it -- and you 18 reinforced it -was it has to go through the Board and 19 then through counsel. 20 MS. EDWARDS: Right. 21 MR CARTEL: That's appropriate, I believe. 2 2 MS. EDWARDS: We're very comfortable in doing 2 3 that, but the amount of time and dollars that go into a 2 4 public process such as this for a change of 2 5 10 kilowatts to make a rate more attractive to a 22 1 broader band of customers, I think, is, in fact, doing 2 the customers a disservice. 3 This was intended to ensure the public would 4 participate in rate making, but I'm not sure it was 5 ever intended to manage every single component. 6 Worse yet, it chills us going forward with z rates that are intended to test market response, to 8 test liquidity because we.are locked into them for 9 years without being able, then, to make changes or to 1 o recommend changes. l1 But we are very comfortable in bringing them.to 12 the Board and counsel. We're just trying to save some 13 money and simplify the process. 14 MR. CARTEL: Thank you. 15 MR CI~fAIRMAN: Are there any other questions by 16 members of the Board? 17 MS. GARTEN: I just want to make a comment. 18 MR C'I:[AIRMAN: Yes, Ms. Garter. 19 MS. GARTEN: Thank you. 2 0 I think that these are well thought out, and it 21 seems the impact would be somewhat regligibk yet very 2 2 productive in terms of providing some economic 2 3 inctntive for the business sector, so I must also agree 24 that they're very well thought out. 2 S MR CARTEL: Mr. Chairman, Pm ready to make a 23 1 motion, but it appears to be complicated. 2 MR. CH[~~IRMAN: No, no, not yet. We have to 3 open for public testimony yet, and then that - if 4 there are no further questions of the Staff at this 5 point, then we will open it to hear testimony or 6 comments from the public. This may be in oral or 7 written format. 8 First, the Board will hear testimony from 9 persons wishing to testify in favor of the proposed 1 o action, and then the Board will hear from persons 11 wishing to present testimony in opposition to those 12 proposed actions. 13 Is there any member of the public who wishes to 14 speak to the Board in favor of these proposed changes? 15 Hearing none, is there any evidence of any 16 submission of any written format at this point? I 17 believe I've asked that once before, but I want to be 18 sure it's asked again. 19 MS. EDWARDS: No, sir, there isn'tt 2 o MR CHAIRMAN: Is there anyone here, is there 21 anyone present who wishes to speak in opposition? If 2 2 so, please come forward and identify yourself, state 2 3 your name for the record, and submit }roar testimonry. 2 4 Seeing none, hearing none, no other testimony, 2 5 then in this case we would close the testimony and ask 24 i the Staff for any of their closing remarks. 2 MS. KOTT: Thank you, Mr. Chairman. 3 At this time I move that all evidence, oral and 4 written, submitted by the Sta$ including the prepared 5 testimony with exhibits of Mamie Edwards and .Mark 6 Mazak and the Affidavits of Publication of the Notice 7 of Public Hearing, as well as the Staff Report filed 8 with the Secretary of the Board, be copied into the 9 record and moved into evidence. l 0 There are no further witnesses or evidence to 11 be submitted by the Department for the Board's 12 considerntion, and therefore I ask that the record of 13 the public hearing be closed. 14 MR CHAIRMAN: All right. Now, at this point 15 the Staff is permitted to write addidonal discussion 16 but not questions. The Board is permitted to have 17 additional - to discuss any evidence presented to it 18 by the Staff or by the public, but the Board may not 19 ask additional questions without reopening the 2 0 testimony section of the hearing. 21 MR GORDON: Mr. Chairman, before there is any 2 2 discussion, the Staff has asked the Board to receive 2 3 the written materials, the written evidencx that's been 2 4 prepared in connection with this hearing, and it would 2 5 be appropriate to rule on that request at this 25 7 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE L1 COSTA MESA, CA 92626 1 particular time. So if there's no objection -- and I 1 2 don't think we've heard any - it would be appropriate 2 3 to receive that information into the record at this 3 4 time. 4 5 MR CHAIRMAN; Let it be so received and 5 6 approved by the Board -- 6 7 MR GORDON: Thank you. 7 s MR CHAIRMAN: -unless there's objection by B 9 the members of the Board. 9 10 (Exhibits 1 through 5 were marked for 10 l 1 identification by the Certified Shorthand Reporter and 11 12 are attached hereto.) 12 13 MR t'HAIRMAN: Any discussion by members of the 13 14 Board for discussion beyond what we've already said or 14 15 done? 15 16 Mr. Carrotl? 16 17 MR CARROLL: Mr. Chairman, td just like to 17 18 join the other Board members in cttntplimenting 18 19 Ms. Edwards and the Staff in the presentation that we 19 2 0 all received. 2 0 21 I, like Lon, did rrad through these things and 21 2 2 found them to be very well organized, and I compliment 2 2 2 3 them on the organization and the preparation. And I 23 24 think these are and will be good changes to be made on 24 2 5 behalf of the Commission. 2 5 26 1 MR. C~IAIIiMAN: All right, then, we do have the 2 motion. We do have We motion on the floor to delete 3 aad add and implement the recommendations as per the 4 Public Hearing; is that correct? 5 MR CAHII,L: Mr. Chairman, would that be all 6 six points that Ms. Edwards brought up in ate motion? 7 MR CHAIRMAN: Yes. 8 MR CARTEL: I so move. 9 MR CARROLL: I second. l 0 MR CI~[AIRMAN: We have a motion and a second 11 ~ Should the roll be called on-this, Mr. Gordon? 12 MR GORDON: That would be appropriate. 13 MR CI~U~IItMAN: Would the cleric please call the 14 roll -Secretary please call the role for the members is of the Board. 16 MS. EDWARDS: Member Doug Clark? 17 MR CLARK Aye. 18 MS. EDWARDS: Member Lon Cahill? 19 MR CARTEL: Aye. 2 0 MS. EDWARDS: Vice Chair John Elwell? 21 MR CH;AIItMAN: Aye. 2 2 . MS. EDWARDS: Member Marcia Garttn? 2 3 MR GORDON: Aye. 24 MS. EDWARDS: Member Pat Carroll? 2 5 MR CARROLL: Aye. 27 28 MR CHAIRMAN: Then that would close the matter of the Public Hearing. So for that, then, we wish to thank the Staff for their excellent presentation, thank the court reporter for your participation. With that, that concludes, I believe, all of the requirements of the hearing, and you would be free now to leave. And we would now take a 15-minute recess for the Board to take a break and•recrrganize for the rest of our regular meeting. (End of proceedings.) 8 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 A ability 22:16 able 16:21 18:5 23:9 absorb 16:4 accepted 6:18 accumulated 16:22 action 24:10 ~I actions 6:8,10 24:12 I add 20:8 27:3 addition 8:25 additiona16:20 11:3 25:15,17,19 additions 4:24 12:8 14:15 address 8:22 11:16 13:24 20:18 adjust 9:13,24 16:21 17:8,15 adjusting 21:8 adjustment 20:14 adjustments 16:25 18:5 20:13,15 ADMINISTRAT... 2:12 ADMINISTRAT... 2:20 affect 19:21 Affidavit 3:19 Affidavits 13:4 25:6 agree 23:23 ahead 5:17 align 15:21 Alison 2:13 7:7 allow 9:4,22 10:20 19:10 allowed 18:17 19:23 21:20 allows 9:710:7 alluded 20:13 alternate 8:14 amendments 4:23 amount 22:23 Anaheim 1:6,6 4:1 7:8 8:1 11:17,18 11:2012:5,5 13:25 14:1,3,12,12 20:17,22,24 21:1 21:21,23 and/or 6:4 answer 21:2 answered 16:5 appears 16:6 21:2 24:1 applicability 9:24 17:1,7,14,15 applicable 10:18 12:20 18:9 20:25 appreciate 11:5 appropriate 16:8 22:21 25:25 26:2 27:12 approval 4:5 19:24 approved 17:22 26:6 approving 19:1 arbitrarily 18:24 arbitrary 10:3 area 17:13 20:24 21:20 22:1 areas 7:1418:6 asked 24:17,18 25:22 Assistant 2:9,12,15 2:16,20 14:4 attached 3:1713:1 14:19 26:12 Attachment 22:4 attention 12:11 ATTORNEY 2:8,9 2:13 attraction 8:10 attractive 22:25 August 4:25 AUTOMATED 2:15 Aye 27:17,19,21,23 27:25 B 7:16 back 10:17 17:12 18:8 balance 8:4 band 23:1 ~ base 17:8 19:15 base-rate 10:10 'I basically 17:10 basis 8:5 17:2 behalf 26:25 behaviors 7:20 belief 13:2 14:20 believe 19:10 22:21 24:17 28:5 benefit 10:11 best 13:214:1917:2 better 16:16 17:19 18:4 beyond 26:14 bill 8:20 billing 9:5 Board 2:3,5,5,6,6,8 3:14 5:22 6:1,6,8 6:19,23,25 7:12 10:6 12:4 13:6 14:12 15:5,11,25 17:21,21 18:22 19:8 20:4 22:18 23:12,16 24:8,10 24:14 25:8,16,18 25:22 26:6,9,14,18 27:15 28:8 Board's 25:11 bodies 19:1 bottom 5:12 Boulevard 1:6 11:1713:25 BOWERSOCK .1:25 break 28:8 bring 11:5 17:12,20 19:7 bringing 23:11 broader 23:1 brought 27:6 building 8:10 business 2:14 8:9,10 11:16 13:24 20:21 22:5 23:23 businesses 8:1,5 C C 20:12 21:25 Cahill 2:5 16:2 22:12,13,14,21 23:14,25 27:5,8,18 27:19 California 1:6 4:1 11:18 14:1 CALKINS 2:16 call 4:17 7:4 11:8 13:16 27:13,14 called 27:11 calls 13:9 cancel 19:11 Canyon 20:17,24 cap 10:22 17:17 carriers 9:1 Carro112:6 16:11 16:1218:1419:17 19:20 20:6 22:14 26:16,17 27:9,24 27:25 case 5:4 24:25 catch 15:20 categories 17:1 cause 11:23 12:2 13:414:5,9 cent 15:15 Center 1:5 20:17 cents 12:18,21 certain 7:19 9:7 Certified 26:11 Chsir 6:15 27:20 CHAIRING 2:4 Chairman 4:4,22 5:11,13 7:4 15:1 . 15:10,24 16:2,10 16:12 20:10 21:15 22:12,13 23:15,18 23:25 24:2,20 29 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 25:2,14,21 26:5,8 26:13,17 27:1,5,7 27:10,13,21 28:1 change 10:6,17,20 11:1 15:19,20 17:20,2518:3,11 18:19 19:5,22,25 20:2 22:7,24 changes 7:13,19 9:8 9:17,19,23 10:7,9 10:10,11 12:22 16:7,13,15,17,17 ]6:19,22 18:13 19:16 22:17 23:9 23:10 24:14 26:24 charge 9:1 12:17 chills 23:6 CHW 1:4 circumstances 10:4 city 1:4 2:9,13 11:19 12:5 14:2 14:12 21:21,22 citywide 4:10 7:24 21:9,11,11,17 CIVIL 2:9,13 clarifying 22:2 Clark 2:6 27:16,17 clear 21:24 clerk 12:5 14:12 27:13 close 6:11 24:25 28:1 closed 25:13 closing 6:12,16 25:1 closure 4:5 column 12:19,21 columns 12:18 come 18:22 24;22 comfortable 22:22 23:11 comment 23:17 comments 6:5,14 9:12 15:24 24:6 commission 19:25 26:25 compared 20:23 completed 6:16 completes 15:1 completion 5:25 complicated 24:1 compliment 26:22 complimenting 26:18 component 23:5 components 17:14 concerned 18:7 concerning 7:1 13:10 16:9 conclude 12:22 concludes 11:6 28:5 conclusion 15:6 conducting 5:23 CONFERENCE 1:S connection 25:24 consequences 17:10 19:4 consider 4:23 consideration 25:12 constitute 18:18 consumption 8:23 CONTROLLER 2:14 copied 15:8 25:8 copies 12:2 14:9 copy 15:16 correct 12:1413:1 14:19 21:17,18 22:8 27:4 correction 15:15 corrections 12:8,22 14:15 correctly 17:9 correspondence 7:1 I3:9 cost 8:21 9:3 16:23 counse110:5 11:2 17:12,21 18:22 19:7,8,25 20:5 22:19 23:12 couple 20:8 court 4:17 28:4 covered 4:25 create 19:14 CSR 1:18 current 4:6 7:13,15 7:23 9:9 10:5,10 20:23 currently 8:2 customer 7:20 9:24 10:1 17:8 customers 7:17 8:2 8:4 9:410:1 S 16:24 17:5 18:4,8 19:12 23:1,2 D D 20:12 22:4 Deborah 1:17 declining 22:9 deep 16:9 define 18:24 delay 5:3,5 delete 27:2 deletions 4:24 Department 2:10 7:8 11:22 13:8 25:11 Department's 11:9 13:17 15:3 DEPUTY 2:13 description 3:12 16:16 design 17:9 designed 7:21 develop 9:21 developing 9:20 Development 2:14 4:10 7:24 20:12 20:20 developmenta14:8 4:9,12,14 8:12,13 8:1710:21 12:12 16:20 22:4 developmental-ty... 10:16 DevelopmentBus... 4:12 dictated 9:18 different 17:24 direct 3:15,16 discounts 22:7 discourse 10:12 discretionary 21:7 discuss 6:19 25:17 discussion 25:15,22 26:13,14 disservice 23:2 document 12:1 S doing 22:22 23:1 dollars 9:1 S 22:23 DON 2:16 Doug 2:6 27:16 DUC 2:15 E E 2:12 3:6 earlier 9:12 early ?:18 economic 4:10,12 7:24 8:8 20:11,20 23:22 ED 4:11 20:16 EDBR4:13 Edwards 2:11 3:4 3:15 7:3,9,11 11:9 11:15,23 12:25 15:18 ]6:1918:20 19:19 20:2,18 22:9,15,20,22 24:19 25:5 26:19 27:6,16,18,20,22 27:24 effect 20:1 effectfve 4:25 effectively 7:21 efforts 7:1$ eight 8:2,5 either 10:1 electric 1:2 2:15 30 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 4:15,24 7:13 elements 21:7 eliminating 21:16 elimination 7:22 Elwell 2:4 27:20 encourage 8:14 energy 4:6,9 7:16 8:13,23 12:12,13 12:17,18 17:4 energy-efficient 8:1 energy-usage 8:20 enhance 9:24 ensure 8:25 23:3 entire 6:120:22 entitled 12:12,16 . equally 21:1 equitable 8:7 establishing 17:17 evening 7:6 evidence 6:20 7:1 24:15 25:3,9,10,17 25:23 EXA11~ii1NATION i 11:11 13:19 example 9:23 10:19 10:25 17:2,16 18:12 excellent 28:3 exception 19:13 excuse 11:21 EXECUTIVE 2:21 ezemplified 9:12 Exhibit 12:11 exhibits 3:10,17,18 12:3,9,23 13:1 14:10,1915:8 25:5 26:10 existing 4:10 expense 9:20 10:8 11:3 experimenta14:7 7:1617:4 explain 5:22 10:4 explained 22:6 extended 6:14 extensive 16:24 E-D-W-A-R-D-S 11:15 F fact 17:9 23:1 fairly 16:23 17:25 fa1118:8 favor 6:7 24:9,14 Fax 1:25 field 9:2 Fifth 8:17 filed 13:6 25:7 finally 6:19 9:6 Finance 2:12 14:4 find 10:23 17:18 first 5:24 6:6 7:15 11:9 24:8 fisca19:18 five 6:14 flexibility 9:11 17:15 floor 1:5 27:2 follow 5:23 following 10:13 format 6:6 24:7,16 forth 19:5 forward 11:6 19:7 23:6 24:22 found 26:22 foandationa115:1 four 12:5 14:12 fourth 6:11 8:12 free 28:6 full 10:11 11:3 17:11 further 9:3 13:12 ~ 14:22 24:4 25:10 G Garters 2:5 15:14,23 20:8,10,11 21:4,7 21:13,24 22:11 23:17,18,19 27:22 Genera12:11,12,15 2:16 3:13 4:7 7:16 9:8,22 11:21,22 14:416:14,18 18:17 19:23 22:16 generally 6:13 geographical 20:15 20:25 21:8,10,15 21:16,19,20 22:1 geographically 20:16 GINA 2:21 give 10:19 15:16 given 9:17 gives 10:25 18:12 glad 22:15 go 5:16 17:21,21 20:4,4 22:18,23 going 23:6 good 7:6 26:24 Gordon 1:5 2:9 5:8 5:12 25:21 26:7 27:11,12,23 green 8:10 GS-1BX 4:7 guess 21:13 H KAHN 1:25 HALL 1:4 hear 6:6,8 24:5,8,10 heard 15:22 26:2 hearing 1:1 2:4 4;5 4:16,23 5:3,6,16 5:18,21,23 6:4,18 6:24 7:2 9:9,16 11:4,2513:5,10 14:7 16:1,23 'i 17:11,2419:14 20:3 24:15,24 25:7,13,20,24 27:4 28:2,6 hearings 9:20 helpfng 9:2 hereto 26:12 higher 10:24 21:20 highlighted 21:25 high-load 7:25 hit 22:14 hold 11:19 14:2 holding 9:20 hours 10:23 17:17 HOYT 1:5 I idea 18:12 identification 26:11 identify 24:22 II2:13 impact 23:21 implement 8:7,12 8:17 27:3 implementation 4:8 implementing 4:11 4:13 implications 10:1 important 6:13 incepting 7:25 incentive 21:21 23:23 incentives 8:11 incendvize 7:19 include 8:8 9:6 includes 8:9 including 25:4 incur 11:3 INDEX 3:1 indicated 18:15 ' Industr1a120:17 industries 9:3 information 26:3 initially 7:25 10:22 install 8:19 instance 19:2 intend 4:18 intended 8:14 9:11 23;3,5,7 intent 15:19,20 16:20 interests 19:12 Intervene 5:15 intervention 13:9 31 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 investment 9:14 inviting 12:11 items 16:7 JANICE 2:14 JEFF 2:20 job 7:25 John 2:4 5:8 27:20 join 26:18 July 1:7 4:1 June 12:2 14:9 justify 9:19 16:23 K K 1:17 Keep 15:12 KEN 2:15 kilowatt 10:23 17:17 kilowatts 22:25 kilowatt-hour-us... 10:22 kind 17:20 know 7:6 8:18 knowledge 13:2,8 14:20 Kott 2:13 3:5,7 7:6 7:7,11 11:8,12 13:15,20 14:25 15:10,16 25:2 L L 2:11 3:4,15 lack 20:3 language 9:22 10:20 LE 2:15 leave 28:6 letter 3:13 let's 19:3 Ieve19:210:24 libraries 12:6 14:13 limlt6:13 18:6 limited 9:23 LLNDA 2:15 lines 18:21 liquidity 23:8 LIST 2:1 little 16:16 live 17:11 locked 23:8 Lon 2:5 26:21 27:18 look 21:25 LYNN 2:20 M maintain 9:2 making 23:4 manage 23:5 Manager 2:11,12 2:14,15,16 3:13 9:8,22 11:21,22 14:4 16:14,18 18:17 19:23 Manager's 22:16 mandated 18:3 manner 10:3 Marcia 2:5 27.:22 Marcie 2:11 3:4,15 7:9 11:9,15 25:5 Mark2:9,12,19 3:b 3:17 13:17,23 25:5 - marked 3:12 26:10 market 7:19 23:7 - materlals 25:23 matter 4;19 28:1 matters 6:3 Mazak2:12 3:6,17 13:17,23 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(800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 18:2,15 26:1 particularly 18:6 18:10 Pat 2:6 27:24 peak 8:15 percent 22:10 percentage 22:6 performed 7:25 periods 8:16 pern-itted 25:15,16 personally 12:3 14:11 persons 4:18 6:7,9 24:9,10 petition 5:15 13:9 phased 8:6 phase-oat 19:6 phasing 4:10 place 17:5 19:15,20 plan 18:16 playing 9:2 please 11:13,16 13:21,24 24:22 27:13,14 point 8:2 22:14 24:5 24:16 25:14 points 27:6 portion 5:21 position 11:1.9 14:2 Potentially 18:20 power 8:15 predictable 8:24 preparation 26:23 prepare 11:23 14:5 prepared 3:15,16 5:2411:2412:3,9 ', 12:23,2514:6,10 14:16,18 15:2,8 16:24 25:4,24 present 5:2,6,14,18 5:24 6:9,12 24:11 24:21 presentation 6:1,3 7:5 26:19 28:3 presented 6:20 25:17 pretty 16:5 previous 9:14 Prior 5:20 problems 9:11 16:21 procedures 5:22 6:24 proceed 5:5,16 proceeding 5:15 proceedings 28:10 process 5:7,19 9:10 9:16 10:5,7,10 11:2 17:12,23,25 19:14 20:3 22:24 23:13 productive 23:22 program 18:18 prohibitive 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5:1015:22 16:2 22:16,17 26:21 ready 23:25 real 16:8 reasonable 16:6,8 receive 13:8 25:22 26:3 received 6:25 26:5 26:20 recess 28:7 recommend 7:13 19:9.23:10 recommendation 18:21 recommendations 11:6 18:25 27:3 recommended 10:20 recommending 8:6 8:22 10:4 record 6:22 11:14 13:22 15:9,18 24:23 25:9,12 26:3 records 6:17,18 referencing 22:4 referred 21:8 regard 20:11 regarding 22:16 regular 28:9 Regulations 4:15,25 reinforced 22:18 reiterated 22:15 related 6:2 relevant 17:2 relocate 8:1 remarks 6:12,17 7:10 11:7 25:1 reopening 6:22 25:19 reorganize 28:8 rephrase 21:5 replaced 21:17 Report 10:5 11:2 13:6 25:7 33 HAHN & BOWERSOCK (800) 660-3187 FAX (714) 662-1398 151 KALMUS DRIVE, SUITE Ll COSTA MESA, CA 92626 Reported 1:16 reporter 4:17,21 26:11 28:4 represent 7:18 representing 7:7 request 5:2,9 10:17 15:4 25:25 requested 9:4,21 required 18:9 requirements 28:5 resolve 11:2 respond 7:18 9:25 response 23:7 rest 21:21 28:8 restrictive 10:24 result 8:419:4 retention 4:12 8:10 20:21 22:5 review 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