To: Honorable Public Utilities Board Submitted by: /s/ Janet Oppio AGM - Energy Resource Planning From: Brian Frus

Transcription

1 AGENDA ITEM NO: 4.G.1 MEETING DATE: 06/25/2012 ADMINISTRATIVE REPORT NO.: To: Honorable Public Utilities Board Submitted by: /s/ Janet Oppio AGM - Energy Resource Planning From: Brian Frus Energy Resources Analyst Approved by: /s/ Girish Balachandran General Manager Subject: Adopt Resolution Approving Professional Services Agreement with Northern California Power Agency for Transmission Related Consulting Services Provided by Flynn Resources Consultants, Inc. RECOMMENDATION By resolution, it is recommended that the Public Utilities Board (Board) approve the Professional Services Agreement between the Northern California Power Agency (NCPA) and the Cities of Alameda, Palo Alto, and Santa Clara, and authorize execution of the Agreement by the General Manager. BACKGROUND Since 2003, Alameda Municipal Power (AMP) has collaborated on a regular basis with two other NCPA member cities -- the Cities of Palo Alto and Santa Clara as members of the Bay Area Municipal Transmission Group, or BAMx. The BAMx group is an informal forum for the three member cities to focus on electric transmission planning and wholesale electric market design related issues. The impetus for the formation of BAMx is traced to the California Independent System Operator s (CAISO) initiation of a major redesign of the state s electricity markets following the 2000/2001 California energy crisis. As utilities located in the Bay Area, a transmission constrained region, the three BAMx cities identified common interests in advocating for certain market design proposals with the aim of reducing costs for each city s electricity customers. Recognizing their need for highly technical regulatory consulting services, the BAMx members considered ways to reduce costs by sharing a consultant. The members decided that the best alternative for retaining consulting services was to ask NCPA to serve as the contracting entity on behalf of BAMx, thereby reducing administrative costs and facilitating coordination with other NCPA members when common interests were identified. The wider NCPA membership at the time was not engaged in the issues of interest to BAMx, so on March 1, 2003 NCPA entered into a consulting agreement with Flynn Resources Consultants, Inc. (Flynn RCI) to provide these services solely for the BAMx members.

2 AGENDA ITEM NO: 4.G.2 MEETING DATE: 06/25/2012 ADMINISTRATIVE REPORT NO.: Over the past seven years, Flynn RCI has represented BAMx in Bay Area electric transmission expansion planning processes, in CAISO proceedings concerning California s electric market design and implementation, in filings at the Federal Energy Regulatory Commission, and in other regional electric transmission planning venues. The BAMx group, through its consultant, has advocated for improved reliability of electricity transmission service into the Bay Area, and has influenced the CAISO s electric transmission planning process to provide for more effective stakeholder participation. Most recently, Flynn RCI and the BAMx members are focused on pursuing opportunities to introduce cost containment criteria and rigorous economic evaluation requirements as part of the CAISIO s transmission planning process related to the build out of new transmission infrastructure to support the state s 33% Renewable Portfolio Standard (RPS) policy goals. The current contract between NCPA and Flynn RCI will expire on June 30, At the request of the three BAMx members, NCPA staff has prepared a new consulting services agreement with Flynn RCI for a one-year term covering Fiscal Year (FY) As in previous years, NCPA s role in administering the consulting agreement is limited to billing/payment services. However, in a departure from prior years practice, NCPA now requires that for any consulting service agreements NCPA enters into on behalf of one or a subset of NCPA member cities, those particular member cities must directly enter into a separate Professional Services Agreement with NCPA. The purpose of this new Professional Services Agreement is to memorialize NCPA s role as the billing agent for the contract with Flynn RCI as well as to set forth the BAMx member cities obligations with respect to funding and cost responsibility. Staff seeks the Board s approval of the Professional Services Agreement with NCPA. On April 19, 2012, the NCPA Commission approved (i) the Consulting Services Agreement between NCPA and Flynn RCI and (ii) the Professional Services Agreement between NCPA and the BAMx members. The two agreements are included as Exhibits B and C, respectively to this report. DISCUSSION Below staff summarizes the key terms and provisions of the two contracts involved in securing Flynn RCI as BAMx technical and regulatory consultant. Consulting Services Agreement between NCPA and Flynn RCI This is NCPA s standard contractual agreement that retains Flynn RCI as a consultant. The BAMx member cities are not parties to this contract. Under this agreement, NCPA is obligated to pay Flynn RCI for work undertaken pursuant to the contract s scope of work (discussed below). Although the BAMx members are ultimately responsible for paying the costs associated with the Consulting Services Agreement, the BAMx members do not pay Flynn RCI directly. In that regard, NCPA s role in administering the contract is limited to that of billing agent. The term of NCPA s contract with Flynn RCI is July 1, 2012 to June 30, 2013 (FY 2013). The cost of the contract is not to exceed $750,000.

3 AGENDA ITEM NO: 4.G.3 MEETING DATE: 06/25/2012 ADMINISTRATIVE REPORT NO.: The BAMx members approved a scope of work that is included in Exhibit A to the Consulting Services Agreement. The scope of work is organized into five functional categories: (1) Grid Planning Activities, which are largely focused on CAISO activities and statewide transmission planning forums; (2) California Public Utilities Commission and California Energy Commission matters related to transmission; (3) California Market Design Activities including CAISO market proceedings and congestion management; (4) Western Area Power Administration Activities, including coverage of Western customer meetings and transmission development; and (5) communications with the BAMx members, which include monthly conference calls and written summaries of activities related to the items above. Since AMP is not a party to this contract, the Board s approval is not required. Professional Services Agreement between NCPA and the BAMx Members Under this agreement, NCPA is responsible for entering into a contract with Flynn RCI on behalf of the BAMx member cities and for paying the consultant s invoices using funds collected from each of the BAMx members. NCPA will accept invoices from the consultant, but only make payment after securing approval from the BAMx group. With respect to each BAMx member s share of cost responsibility, Exhibit B to the agreement provides that the consultant s costs shall be allocated to each BAMx member in proportion to each member s proportionate share of energy delivered in Calendar Year (CY) This cost allocation method is consistent with prior years practice. Based on energy delivery data for CY 2011, AMP s cost responsibility is equal to 9.015% (down from 9.251% in CY 2010) of total invoiced amounts with the balance of funds due allocated to Palo Alto and Santa Clara. The agreement also states that NCPA will not provide supervision over the consultant s work. Importantly, that task is reserved for the three BAMx members given that the member cities are the direct beneficiaries of the consultant s work and maintain regular communication with Flynn RCI. This means AMP will maintain a direct role in overseeing the work of the consultant. The term of this agreement is consistent with that of the Consulting Services Agreement it begins July 1, 2012 and terminates on June 30, With respect to cost, NCPA will charge the BAMx members $625 per month during FY 2013, or $7,500 total, to cover its costs associated with its role as billing agent and counterparty to the Consulting Services Agreement with Flynn RCI. Because AMP is a party to this contract, the Board s approval of this contract is requested.

4 AGENDA ITEM NO: 4.G.4 MEETING DATE: 06/25/2012 ADMINISTRATIVE REPORT NO.: FINANCIAL IMPACT NCPA s consulting services agreement with Flynn RCI is for an amount not to exceed $750,000. In addition to this contract amount, NCPA will charge the BAMx members a total of $7,500 to cover its costs associated with contact preparation and for billing services for FY The combined total of $757,500 in costs will be allocated to the three BAMx cities based on each city s proportionate share of their total electric load during CY As shown in Table 1 below, AMP s share of total costs is $68,289. Table 1 - Share of Total Costs per BAMx Member BAMx Member Energy Delivered (MWh) Percent Share Cost per BAMx Member, USD AMP 393, $ 68,289 Palo Alto 979, $169,703 Santa Clara 2,997, $519,509 Total 4,369, $757,500 AMP s final budget for FY 2013 includes sufficient funds to cover its $68,289 of total allocated costs. LINK TO STRATEGIC PLAN AND METRICS Strategy 2: Strategy10: Ensure utility financial health is preserved through short and long-term risk management and planning. Manage short-term and long-term power supply reliability and cost, while maintaining a loading order of efficiency and demand response, renewable energy resources, and clean and efficient fossil generation. EXHIBITS A. Resolution B. Consulting Services Agreement between NCPA and Flynn Resource Consultants, Inc C. Professional Services Agreement between NCPA and the Cities of Alameda, Palo Alto and Santa Clara

5 CITY OF ALAMEDA ALAMEDA MUNICIPAL POWER RESOLUTION NO. APPROVING THE PROFESSIONAL SERVICES AGREEMENT BETWEEN NORTHERN CALIFORNIA POWER AGENCY AND THE CITIES OF ALAMEDA, PALO ALTO AND SANTA CLARA WHEREAS, since 2003 Alameda Municipal Power has collaborated with the City of Palo Alto Utilities and the City of Santa Clara, Silicon Valley Power as members of the Bay Area Municipal Transmission Group (BAMx), which is a forum in which the three BAMx member cities focus on transmission planning and wholesale electricity market design and implementation issues; and WHEREAS, recognizing the need for technical and regulatory consulting services to support BAMx, the BAMx members requested that the Northern California Power Agency (NCPA) hire a consultant on behalf of the BAMx member cities and for NCPA to serve as a billing agent; and WHEREAS, on March 1, 2003, NCPA entered into a consulting agreement with Flynn Resources Consultants, Inc. (Flynn RCI) to provide transmission related consulting services for the benefit of the three BAMx members; and WHEREAS, NCPA s existing contract with Flynn RCI is set to expire on June 30, 2012 and, at the request of the BAMx members, NCPA prepared a new one-year Consulting Services Agreement with Flynn RCI for Fiscal Year 2013 (July 1, 2012 June 30, 2013); and WHEREAS, the scope of work for NCPA s contract with Flynn RCI consists of five functional areas: (1) Grid Planning Activities; (2) California Public Utilities Commission and California Energy Commission transmission matters; (3) California Market Design Activities; (4) Western Area Power Administration Activities; and (5) Communications with the BAMx members; and WHEREAS, NCPA requires that in instances where it enters into consulting agreements for one or a subset of NCPA members, the particular NCPA members benefitting from such consulting services need to enter into a separate Professional Services Agreement with NCPA to memorialize the rights and responsibilities of the parties; AGENDA ITEM NO.: 4.G MEETING DATE: 06/25/2012 EXHIBIT A - Page 1 of 2

6 WHEREAS, on April 19, 2012, the NCPA Commission approved (i) the Consulting Services Agreement between NCPA and Flynn RCI and (ii) the Professional Services Agreement between NCPA and the BAMx members WHEREAS, under the Professional Services Agreement between NCPA and the BAMx members, NCPA is responsible for entering into a contract with Flynn RCI on behalf of the BAMx member cities and for paying consultant invoices, and the BAMx members are responsible for providing sufficient funds in order that NCPA can pay the consultant and for providing supervision of Flynn RCI s performance under its contract with NCPA; and WHEREAS, the cost of the Consulting Services Agreement between NCPA and Flynn RCI is not to exceed $750,000 and the cost of the Professional Services Agreement between NCPA and the BAMx members is set $625 per month or $7,500; and WHEREAS, AMP s cost responsibility with AMP s prorated cost share established at 9.015%, or $68,289; and WHEREAS, AMP has budgeted sufficient funds in its FY 2013 budget to cover its share of allocated total costs. NOW, THERFORE, BE IT RESOLVED that the Public Utilities Board of the City of Alameda hereby approves the Professional Services Agreement between NCPA and the Cities of Alameda, Palo Alto and Santa Clara. BE IT FURTHER RESOLVED, that the General Manager is authorized to execute the Professional Services Agreement between NCPA and the Cities of Alameda, Palo Alto and Santa Clara without material change or with changes that are beneficial to Alameda. Approved as to Form By: /s/ Janet Kern City Attorney AGENDA ITEM NO.: 4.G MEETING DATE: 06/25/2012 EXHIBIT A - Page 2 of 2

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