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2003-187RESOLUTION NO. 2003R- 187 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING RATES, RULES, AND REGULATIONS FOR THE SALE AND DISTRIBUTION OF ELECTRICITY AS ADOPTED BY RESOLUTION NO. 71-478 AND MOST RECENTLY AMENDED BY RESOLUTION NO. 2003R- 135 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 September 22, 2003, notice of the public hearing on revisions to Schedule PCA 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 on October 2, 2003, and evidence was presented in support of the proposed revisions to Schedule PCA of the Electric Rates, Rules and Regulations; and WHEREAS, the Public Utilities Board considered the proposal of the Public Utilities Department and has considered the evidence presented at the public hearing; and WHEREAS, the Public Utilities Board has made the following findings with respect to the need for revisions 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. 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. 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 those of Southern California Edison. 4. It is reasonable and appropriate to revise the Schedule PCA Power Cost Adjustment to provide the ability for the Utility to meet specified financial performance indicators and goals, including maintenance of a ratio of revenues available to pay debt service to debt service of no less than 1.5 times, a rate stabilization account equal to approximately $50 million, and the recovery of expenses associated with the production and purchase of energy delivered to Anaheim. 5. The proposed revisions to Schedule PCA Power Cost Adjustment are based on the cost to provide electric services to non-domestic customers and are necessary to meet the financial goals of the Anaheim Public Utilities Department. 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 Council adopt the findings of the Public Utilities Board with respect to the matters contained herein and adopt the changes to the Electric Rates, Rules, and Regulations as shown in Attachment A; and WHEREAS, based on the finding hereinabove made, the Public Utilities Board of the City of Anaheim recommended to the City Council that the 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 1T 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 changes to the Electric Rates, Rules, and Regulations as shown in Attachment A are hereby adopted by the City Council of the City of Anaheim and will become effective January 1, 2004. 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 14th ?~Oc~ , 2003. MAYO~ OF THE CrfY OF'ANAHEIM ATTEST: ~ ~ / c~F Ci. ER~OF T~ crr¥ OF ANAHEm 51510 Attachment A POWER COST ADJUSTMENT/RATE STABILIZATION ACCOUNT (PCRSA) APPLICABILITY: This schedule is applicable to all areas served by the Utility and to all kilowatt-hours billed under all rate schedules (except domestic lifeline) as defined under the special conditions of the rate schedules. PURPOSE: This factor provides a mechanism to return overcollection of funds when costs decrease and allows for the recovery of power supply and other relevant operational costs based on actual 12 month rolling data from the accounting system and forecasted data to provide the ability for the Utility to meet specified financial performance indicators and goals. These goals include the maintenance of debt service coverage ratios no less than 1.5 times, rate stabilization account equal to approximately $50 million, and the recovery of expenses associated with the production and purchase of energy delivered to Anaheim. APPLICATION: Each quarter, the Utility will recalculate the PCRSA to be subtracted or added to energy service charges. The PCRSA shall be calculated as follows: Commencing January 1, 2006, the Utility will calculate a PCRSA billing factor that recovers costs relating to the procurement and generation of energy, including but not limited to power production costs, purchased power costs, regulatory compliance costs, debt service and any other costs involved in delivering energy to the Utility's local receiving point(s). There is no limit on the Utility's ability to decrease the PCRSA rate. In order to avoid material rate fluctuations, increases to the PCRSA billing factor shall be limited to no more than a V2¢ per kWh during any 12 month period. Power production costs include the sum of costs for the generation of electric energy at facilities owned and operated by the Utility or by a facility manager. Purchased power costs include the sum of costs of energy, transmission and ancillary services. Wholesale revenues received from the sale of excess power and the use of the Utility's transmission lines will be used to reduce the costs that are recovered through the PCRSA. The Utility will establish a regulatory credit account, funded by PCRSA collections, that maintains a cash reserve balance equal to approximately $50 million to be used by management to mitigate material fluctuations in the cost of energy, loss of revenues or unbudgeted costs including the unexpected long-term loss of a generating facility, unplanned limits on the ability to transmit energy to Anaheim, or disasters (e.g. earthquakes, et al.) that can otherwise negatively affect customer bills. In order to mitigate the impact on customer bills, this regulatory credit account may be drawn down below the $50 million, at management's discretion. With respect to any PCRSA adjustment, the Utility shall first consider the result on customer bills with a goal of maintaining competitive or lower total electric bills as compared to other Cities in the region. Any change indicated by the PCRSA calculation will be reviewed against other known long-term factors prior to any automatic implementation of any increase/decrease in the rate. This allows the Utility to blend forecasted increases or decreases in the projected power supply or operational costs to meet the financial requirements of the Utility and mitigate future swings in electrical costs to customers. All accounting procedures under this rule will be in compliance with Financial Accounting Standard # 71. Power Cost Adjustment Billing Factor (per kilowatt hour) Date Implemented April 1,2001 January 1, 2004 Domestic Domestic Lifeline Non-Domestic $0.0049 $0.0000 $0.0049 $0.0049 $0.0000 $0.0040 IMPLEMENTATION: The PCRSA amount for all rate schedules shall be adjusted within limits as prescribed above, as necessary, by the Public Utilities General Manager to reflect the cost per kWh of electricity or energy costs described herein. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-187 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of October 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, Chavez, Hernandez, McCracken NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~ITY CLERt('OF TI--I'E CITY OF ANAHEIM (SEAL)