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HomeMy WebLinkAboutAgenda Packet - October 28, 2013 - UB AZUSA .,G31T R'WATER AGENDA REGULAR MEETING OF AZUSA UTILITY BOARD AZUSA LIGHT & WATER OCTOBER 28,2013 729 N. AZUSA AVENUE 6:30 P.M. AZUSA,CA 91702 AZUSA UTILITY BOARD URIEL E. MACIAS CHAIRPERSON ROBERT GONZALES JOSEPH R. ROCHA VICE CHAIRPERSON BOARD MEMBER EDWARD J. ALVAREZ ANGEL CARRILLO BOARD MEMBER BOARD MEMBER 6:30 P.M. Convene to Regular Meeting of the Azusa Utility Board • Call to Order • Pledge to the Flag • Roll Call A. PUBLIC PARTICIPATION 1. (Person/Group shall be allowed to speak without interruption up to five(5) minutes maximum time, subject to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's questions or comments shall be handled after the speaker has completed his/her comments. Public Participation will be limited to sixty (60) minutes time.) B. UTILITIES DIRECTOR COMMENTS C. UTILITY BOARD MEMBER COMMENTS 1 D. CONSENT CALENDAR The Consent Calendar adopting the printed recommended action will be enacted with one vote. If Staff or Councilmembers wish to address any item on the Consent Calendar individually, it will be considered under SPECIAL CALL ITEMS. 1. Minutes. Recommendation: Approve minutes of regular meeting on September 23, 2013 as written. 2. Rejection of Recent Bids for Construction of a Pre-Engineered Shed for Protection of the Hydroexcavator Trucks and Rebid the Project as Staff Determines Appropriate. Recommendation: Reject bids received October 17, 2013, with staff to rebid, as appropriate, the construction of a pre-engineered steel shed for storage and protection of the hydroexcavator trucks. Prior sending the project to rebid, staff will determine if there are acceptable alternatives to the project as previously bid. 3. Approval of Purchase of a New 2014 Ford F-150 Pick Up Truck as Replacement Standby Truck for Electric Division. Recommendation: approve the purchase of a new stand by truck for the Electric Division and authorize issuance of a Purchase Order to National Auto Fleet Group of Watsonville, CA, in the amount not to exceed $27,306.78, including sales tax and delivery charges, pursuant to AMC Section 2-523 (e), Article VII Chapter 2. 4. Award of Landscape and Irrigation Maintenance Contract to E & L Landscape Services for Azusa Light & Water Facilities and Authorization to Terminate Existing Contract with Marina Landscape. Recommendation: (1) Approve the award of a three-year landscape and irrigation maintenance contract to E & L Landscape Services for the upkeep of Azusa Light& Water's 21 facilities in the amount of$37,716 per year($113,148 for three years); and (2) authorize termination of the existing contract with Marina Landscape Inc. due to unsatisfactory maintenance service performance and deficiencies. 5. Approval of Roof Maintenance Contract Extension with Midwest Roofing Company Incorporated. Recommendation: Approve the extension of the current three-year roofing maintenance contract with Midwest Roofing Company, Inc. for an additional two years. 6. Adoption of Revised Electric Construction Standards. Recommendation: Adopt the revised (ED22) electric construction standards to be used as references, guidelines, and regulations by customers and staff. 7. Approval of Amended Azusa Renewable Energy Portfolio (RPS) Procurement Plan. Recommendation: Adopt the following resolution approving Azusa's Amended RPS Procurement Plan. A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA ADOPTING AN AMENDED RENEWABLE PORTFOLIO STANDARD ("RPS") PROCUREMENT PLAN IN COMPLIANCE WITH STATE LAW (SBX1 2). 2 E. SCHEDULED ITEMS 1. Approval of Letter Providing Direction to Athens Services on Destination Disposal Sites Following Closure of Puente Hills Landfill and Related Disposal Agreements. Recommendation: Approve the following items: (1) Letter to Athens Services directing that they transfer all of Azusa's post-MRF municipal solid waste to the El Sobrante Landfill in Corona, CA, following closure of Puente Hills landfill; (2) Agreement with USA Waste of California, Inc., dba El Sobrante Landfill, a Waste Management company ("USA Waste") for disposal of Azusa's waste at the El Sobrante Landfill in Corona, CA; and (3) Agreement with the Recycled Wood Products facility located in Pomona, CA, for yard waste processing services. 2. Adoption of Resolution to Update the Public Benefit (PB) Program Rate Schedule. Recommendation: Approve the following resolution amending Electric Rules & Regulations with the addition of a Public Benefit Charge (PBC) rate schedule to better meet the intent of Assembly Bill 1890 legislation and cover future program cost. A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE CITY OF AZUSA AMENDING AZUSA LIGHT & WATER'S RULES AND REGULATIONS TO INCLUDE A PUBLIC BENEFIT CHARGE SCHEDULE FOR ELECTRIC UTILITY CUSTOMERS. F. STAFF REPORTS/COMMUNICATIONS 1. Water Supply Update 2. California Municipal Utilities Association (CMUA) Legislative Update 3. Morgan Meguire LLC Federal Legislative Update 4. Presentation of Azusa CY2011 and CY 2012 Renewable Portfolio Standard Reports G. ADJOURNMENT 1. Adjournment. "In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city meeting, please contact the City Clerk at 626-812-5229. Notification three (3) working days prior to the meeting or time when special services are needed will assist staff in assuring that reasonable arrangements can be made to provide access to the meeting." "In compliance with Government Code Section 54957.5, agenda materials are available for inspection by members of the public at the following locations: Azusa City Clerk's Office - 213 E. Foothill Boulevard, Azusa City Library- 729 N. Dalton Avenue, and Azusa Light& Water-729 N.Azusa Avenue,Azusa CA." 3 Information Item F.,; ( Presented /0/a-1/av 13 AZUSA _IGNT R''NATE R INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE MORROW, DIRECTOR OF UTILITIES DATE: OCTOBER 28, 2013 SUBJECT: AZUSA WATER SUPPLY UPDATE The Baldwin Park Key Well, a key indicator of the groundwater supply in the Main San Gabriel Water Basin is currently at elevation 195.04 October 18, 2013. The historic low at the Key Well was 189.2 feet on December 3, 2009. The elevation of the Key Well is decreasing at about 0.33 feet per week. It is predicted that the Key Well may be as low as 190 feet by November 1 if no rain occurs prior to that date. Watermaster deliveries from USG-3 that began in October will slow the decline of the Key Well,but rain is necessary for full recovery of the Key Well. The new water year began October 1, and rainfall to date is .43 inches, measured at the Pasadena powerhouse. This is 50% of average. Upper San Gabriel Valley MWD replenishment delivery to the River was turned on October 2 at a flowrate of 250 cfs (500Acre Feet per day) with approximately 40 cfs of water being diverted to the Canyon Basin and the remainder of the water going to the Main Basin. Currently, the North Pit of the Canyon Basin is 21 feet below overflow and dropping at 0.50 feet per week; the South Pit is 32 feet below overflow and rising. USG-3 is scheduled to run until mid-November. River inflow to San Gabriel Dam is currently 8.0 cfs. The Pasadena Conduit is out of service and not delivering water from San Gabriel Reservoir to the Committee of Nine Canal. . The Azusa Treatment Plant is delivering approximately 3.0 million gallons per day(MGD) to the system. Current Azusa system demand is 19.85 MGD which is being met by the wells and the treatment plant. The amount of water behind Morris Dam is 7,915.6 AF, and the water behind San Gabriel Dam is 3,477.7 AF. Cogswell Dam is nearly dry, below 82.2 AF. The maximum capacity of all three reservoirs is 83,478 AF; the current combined storage is 11,476 AF, 14 percent of capacity, including minimum pool. Usable storage remaining above minimum pool is 1,469 AF. Water Supply Update '� PPYi October 28,2013 Page 2 Continued water conservation will be necessary to reduce demand on what will be limited water supply availability as water flows from USG-3 and the Canyon Basin recovers. Without rain, the recovery will be slow. Statewide, water availability conditions are similar to our local conditions. Last spring, the State Water Project allocation for San Gabriel Valley MWD, our local supplier, was set at 35% of their "normal" allotment of 28,800 AF. So far, it appears that the allocation for the upcoming year could be significantly lower unless rainfall increases and snowpack in the Sierras is normal or better. The preliminary estimate of the upcoming allocation is 15%. Currently the snowpack at Donner Summit is nearly non-existent with a current water content of 17% in what little snow they can find. Sierra runoff is necessary to supply water to the State Water Project Around the State, reservoir levels are faring no better that the snowpack. San Luis Reservoir, an important reservoir is currently at less than 25% of capacity. Metropolitan Water District says they have enough stored water to last through one bad winter, but without rain, next year could be difficult. Prepared by: Chet F. Anderson P.E., Assistant Director-Water Operations • Information Item Presented ( o/a-8/? l 3 FIF).* , 4 AZUSA A iIGNT &'i0.'ATE INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: OCTOBER 28, 2013 SUBJECT: CALIFORNIA MUNICIPAL UTILITIES ASSOCIATION (CMUA) LEGISLATIVE UPDATE The attached October legislative update from the California Municipal Utilities Association (CMUA) recaps the last of CMUA monitored/sponsored bills that were recently signed by Governor Jerry Brown: BilisL ' gy Bill Title Position AB 8 (Perea) Alternate Fuel Vehicles Funding Programs Support AB 792 (Mullin) Clean DG: Utility Use Tax Exemption 2020 Oppose AB 1257 (Nazarlan) Natural Gas Benefits: CEC Report Support SB 359(Corbett) EV Incentives: Temporary Funding Support Water 116144 . AB 115 (Perea) Safe Drinking Water Support I AB 803 (Gomez) Recycled Water Support AB 850(Nazarlan) Water Financing Support SB 322 (Hueso) Water Recycling Support SB 620(Wright) Groundwater Support More details on these signed energy and water,bills can be found at www.CMUA.org. Prepared by: Liza Cawte, Senior Administrative Technician Attachment: CMUA Legislative Update • QA�,d MoOctober 11,2013+www.cmua.org 41. I�� 915 L Street Suite#1460+Sacramento,CA 95814+(916)326-5810 • s �y 4 Mk rpti This week, Governor Brown signed into law the last of CMUA- r row, e riot monitored/sponsored "� bills.The recap below AB 8(Perea)Alt-Fuel Vehicles Funding Programs-CMUA SUPPORT details CMUA position Extends various fees that are collected to fund clean vehicle and clean air programs and signature status. at the Air Resources Board and Energy Commission from sun setting 2016,to instead sunset 2024. AB 792(Mullin)Clean DG:Utility Use Tax Exemption 2020-CMUA OPPOSE Exempts a city from collecting a utility user tax on clean or renewable distributed generation for the next six years. Prohibition expires January 1,2020. AB 1257(Nazarian)Natural Gas Benefits:CEC Report-CMUA SUPPORT Beginning November 1,2015 this bill would require the Integrated Energy Policy Report (IEPR)to include an assessment of natural gas and its many existing and potential beneficial uses,including its advantages and disadvantages as an energy or fuel source. SB 359(Corbett)EV Incentives:Temporary Funding-CMUA SUPPORT Appropriates$30 million to be used for the Clean Vehicle Rebate Project and the Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project, AB 327(Perea)NEM/RPS and IOU and CARE Rate Reform Makes several changes to investor owned utilities specific to rates,and allowing the CPUC to consider maximum"fixed charges" on a utility customers bills. The law also authorizes the CPUC to consider increasing the RPS. SB 4(Pavley)Hydraulic Fracturing This law requires additional oversight and monitoring over the use of"well stimulation techniques"that include the use of hydraulic fracturing. In addition to new regulations developed by the Division of Oil,Gas,and Geothermal Resources,numerous agencies and third parties would assess the overall health risks of the use of well stimulation techniques and beginning 2016 ) report their finding to the Legislature. SB 43(Wolk)GreetTariff Shared Renewables Creates a 600 MW pilot program whereby the state's three largest investor owned utilities must.develop a green tariff shared renewables program to allow voluntary participation by their customers to purchase varying amount of renewable power that may be credited to their account.Program sunsets 2019. i tiorts BAB 115(Perea)Safe Drinking Water-CMUA SUPPORT €, Amor 115dsthe eligibility for planning grants from the SDWSRF by allowing multi-agency grant applications when at least one of the communities served by the planned construction project is a disadvantaged community that is not meeting safe drinking water standards. AB 803(Gomez)Recycled Water-CMUA SUPPORT Would allow the use,of recycled water in cemeteries and requires that a cemetery,supplied with recycled water that installs a hose bib in a public access area post viable signage indicating that the recycled water is not safe for drinking.The bill makes other changes to the recycled water statutes. AB 850(Nazarian)Water Financing-CMUA SUPPORT The bill would allow JPAs to issue rate reduction bonds to fund mandated water capital projects. The investors in rate reductions bonds would be repaid from a separate charge on customers'bills that would be collected by the water utility on behalf of the JPA. SB 322(Hueso)Water Recycling-CMUA SUPPORT Sets a deadline of February 15,2014,for the CDPH to convene and administer an expert panel to advise on public health issues and scientific and technical matters regarding the development of uniform waterrecycing criteria for indirect potable reuse through surface water augmentation,and to investigate the feasibility of developing uniform water recycling criteria for direct potable reuse. SB 620(Wright)Groundwater-CMUA SUPPORT Allows the Water Replenishment District of Southern California(WRD)to maintain sound finances by increasing the penalty that may be imposed for a failure to file specified reports and statements.WRD manages one of thelargest groundwater basins in -via CMUA.org More details on ENERGY bills More details on WATER bills Hear it first... :„..,„,''7.1,:,, _, __,,,,,l_i_:___1::----' ,:. -,,,___'__ _,- .:,„,',.,Jaly-,:----------- ' ----' ' -7-'----------1 f Information Item Presented /o/?-slaa/3 f.03 0-4 r- - �d �� ��^h' ��` � � mow. .,� � � AZUSA .1011T t. 'AATFk INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: OCTOBER 28, 2013 SUBJECT: FEDERAL LEGISLATIVE UPDATE BY MORGAN MEGUIRE LLC Attached is Morgan Meguire LLC's federal legislative update sent to Southern California Public Power Authority(SCPPA) members. The October report includes update on the following issues: 1. Congressional Overview - Federal government shutdown 2. Energy Policies - Withdrawal of Federal Energy Regulatory Commission (FERC) chair nominee Ron Bins - Energy Efficiency amendments - RTOs/ISOs Markets examination - Nuclear Regulatory Commission (NRC)Nuclear waste compliance review - Western Energy imbalance market - Smart Grid Advancement Act of 2013 3. Cyber Security - Homeland Security Committee works to refine its cybersecurity bill. 4. Dodd-Frank Implementation - Senators, FERC call for coordination between FERC and Commodity Future Trading Commission (CFTC). 5. Environmental Protection Agency(EPA) Regulations - EPA releases rule limiting carbon emissions from new power plants. 6. Nuclear Regulatory Commission(NRC) - NRC proposes waste confidence rules. - Closure of Vermont Yankee plant due to "design flaws". Prepared by: Liza Cawte, Senior Administrative Technician Attachment: Morgan Meguire LLC Report Morgan Meguire LI ,C Memorandum TO: Bill Carnahan, Executive Director FROM: Lori J. Pickford, Executive Vice President DATE: October 8, 2013 RE: October Legislative Report I. Congressional Overview The federal government shut down for the first time in 17 years on Oct. 1 as the two parties and chambers could not reach agreement on a continuing resolution(CR) to keep agencies funded for all or part of FY 2014. At issue is funding for the Affordable Care Act,many parts of which took effect the same day. As of this report, it is unclear how long a shutdown might last, as party leaders are reportedly not in discussions to resolve the impasse. On Sunday, Oct. 6, House Speaker John Boehner told ABC News that he did not have the votes to pass a "clean" spending bill; however. 22 Republicans reportedly have sent a letter saying they would vote"yes"if such a measure came to the floor. If that is true, nearly all Democrats would have to support it in order for it to pass the House. However, House leadership so far has been unwilling to advance such a bill. Looming on the horizon is another showdown over increasing the debt limit. Congress' failure to raise the limit would have fiscal consequences far more serious than a government shutdown; it would involve an international default on the full faith and credit of U.S. financial obligations. Many of the most conservative House GOP Members believe that this will give them more leverage to force concessions on the health care law and other issues key to their constituents. II. Energy Policy a. FERC Chair Nominee Withdraws In a Sept. 30 letter,the President's nominee to chair the Federal Energy Regulatory Commission (FERC), Ron Binz, withdrew himself from consideration. Binz was facing a tie vote at best in the Committee. After a contentious confirmation hearing, all Republicans on the panel and Sen. Toe Manchin(D-WV) declared opposition-to Binz for his positions on coal and natural gas, and over concerns about how he would lead the agency. Binz also drew fire from the panel's Ranking Member, Lisa Murkowski (R-AK), over his misleading statements about his coordination with outside consultants and interest groups during the confirmation process. 1 35 Names being discussed in trade press as the President's possible pick to chair the Commission include: Colette Honorable, Chair of the Arkansas Public Service Commission and soon-to-be NARUC President; and Regina Speed-Bost, a Schiff Hardin attorney specializing in energy law. Alternatively, Obama could name one of two sitting Democratic FERC commissioners, John Norris or Cheryl LaFleur, as Chairman and nominate a new candidate for the open seat,hoping that this would diffuse potential opposition somewhat. Commissioner Norris, however, may have taken himself out of contention politically by publicly stating that staff to Senate Majority Leader Harry Reid (D-NV)told him that Reid blocked his nomination for Chair because he is too"pro-coal." Reid's office denied that the exchange occurred. b. Energy Efficiency Bipartisan legislation(S. 1392) sponsored by Sens. Jeanne Shaheen(D-NH) and Rob Portman (R-OH) was again pulled from Senate floor consideration to address pressing fiscal issues(mentioned above). The two Senators continue trying to reach agreement on a set of acceptable amendments to their underlying bill. Of interest to both cooperative and municipal utilities is an amendment by Sen. John Hoeven(R-ND) to exempt from certain DOE appliance standards large electric resistant hot water heaters that are used by utilities for demand response. Many public power systems use these types of heaters to help shave load and also lower customers' electric bills. The amendment has bipartisan support and efforts are underway to include the provision in the Manager's Amendment. c. RTOs/ISOs On Sept. 23, 2014, Energy and Power Subcommittee Chair Ed Whitfield(R-KY), Joe Barton(R-TX) and 11 other Subcommittee Republicans sent a letter to FERC Chairman Jon Wellinghoff asking the Commission to expand its examination of centralized capacity markets by taking a "holistic view"of various RTO markets. The letter asked the Commission to address these issues at its Sept. 25 technical conference on centralized capacity markets or in a future proceeding. Public power has consistently asked for Congressional oversight of electricity markets, focused on customer costs, and thought the letter was well drafted. It is unclear what FERC will do in response. d. Nuclear Waste At a Sept. 10 hearing of the House Energy and Commerce Subcommittee on Environment and the Economy, Republicans argued that the Nuclear Regulatory Commission(NRC)has not done enough to comply with existing law, after an August federal court ruling confirmed it must move forward with the licensing process for the Yucca Mountain nuclear waste repository. 2 0 3 36 In the month since the decision was issued, the NRC has issued a request for stakeholder comment on the ruling and asked staff to develop a suite of options to move forward, given that only$11 million remains allocated to fund the process. Senate Majority Leader Harry Reid(D- NV), a staunch opponent of storing nuclear waste at Yucca Mountain, has said that the funds are insufficient to make any progress, and the NRC is still mulling whether or not to challenge the court's ruling. Republicans on the panel, such as Chair John Shimkus(R-IL), however, said there was at least one major item—the third volume of a safety evaluation report(SER)—that was within the NRC's existing budget. Former NRC Chair Greg Jaczko had previously testified that later iterations of the SER were just a few months from completion, Rep. Phil Gingrey(R-LA) also pointed out. NRC Chair Allison Macfarlane replied that part of the information the Commission requested from the staff was an update on how much completion of the SER would cost. Previous estimates were$6.5 million, which would be achievable within the account's $11 million limit. However, she also noted that staff with institutional knowledge of the project had been reassigned or retired, and that reassembling the group would take some time. On Sept. 27, a bipartisan group of 81 House Members, including 50 Republicans and 31 Democrats, sent a letter to NRC Chairman Alison Macfarlane in support of using available appropriated funds to complete the SER. e. Western Energy Imbalance Market House Natural Resources Committee Chairman Hastings and Ranking Member Peter DeFazio (D-OR)wrote a Sept. 10 letter to Energy Secretary Ernest Moniz, encouraging him to allow for complete and thorough analysis on whether the Western Area Power Administration(Western) and the Bonneville Power Administration(Bonneville) should join a Western Energy Imbalance Market(EIM). Certain large western utilities and others are touting an EIM as the best answer to integrating wind and solar resources into the grid. The core function of an EIM is to have one centralized computer system automatically re- dispatch generation every five minutes within real time transmission operating limits,to achieve a lower cost solution across the entire market footprint. Despite the intent, some are finding that the operating costs of an EIM may outweigh the benefits. Further, whether an EIM and its participants would be subject to FERC jurisdiction or not—a major concern for non- jurisdictional utilities—would need to be resolved. In the letter, Hastings and DeFazio expressed particular concern that`Bonneville and Western may be required by your Department to join an EIM without regard to whether an EIM is in the best interest of the customers and consumers in our region. If an EIM is pursued, it must be done in a way that does not injure long-standing success in crafting regional solutions or lead to the formation of broader electricity market structures that have been repeatedly rejected in the Northwest." The Members urged the Secretary to allow the NWPP Initiative Phase 2 Work Plan to conclude "and to ensure that Bonneville and Western are able to make a sound business decision about 3 37 084 whether an EIM is the most effective and efficient means of integrating intermittent energy, maintaining system reliability, and advancing the interest of consumers." Phase 2 is expected to be completed around the end of 2013. f Smart Grid Bill Targeting Utilities Introduced Rep. Jerry McNerney(D-CA)has introduced the "Smart Grid Advancement Act of 2013" (H.R. 2685), which directs load-serving entities(LSEs)to develop demand reduction programs to reduce peak load. The bill does not mandate such programs,but is an effort to encourage utilities that have a baseline in excess of 250 megawatts to embrace smart grid technology or other means to shave peak demand. The bill has been referred to the Energy and Commerce Committee. It has two cosponsors -- Reps. Matt Cartwright(D-PA) and Scott Peters(D-CA). The bill defines a utility's"applicable baseline" as"the average of the highest three annual peak demands over 5 years"immediately prior to enactment of the bill. Peak load can be reduced through the use of demand side programs with customers, energy storage or distributed generation,or through the use of smart grid technology. The bill would also direct FERC to publish a methodology to allow adjustments to an LSE's baseline, taking into account the number of customers served, weather conditions, or economic conditions, for example. In addition, the bill would instruct the Department of Energy(DOE) to do an assessment of smart grid effectiveness in designated Energy Star products, and with the Environmental Protection Agency to complete an analysis of the potential energy savings, greenhouse gas reductions, and electric costs savings from use of smart grid technologies in conjunction with Energy Star products. III. Cyber Security The House Homeland Security Committee is working to refine its cybersecurity bill, which may be released soon. The electric sector cyber coalition submitted comments on the first and second drafts of the bill, saying that the bill could undermine industry efforts now underway, including industry's recent revision of the charter for the Electric Sector Coordinating Committee, its constructive relationship with DOE as its Sector-Specific Agency, and current operations of the Electric Sector Information Sharing and Analysis Center(ISAC). The electric sector also urged changes to provisions in the draft authorizing the National Institute of Standards and Technology(NIST)to develop voluntary cybersecurity standards for all sectors. Previous versions of the draft bill would have authorized the Department of Homeland Security to designate Sector Specific Agencies for all critical sectors, establish Sector Coordinating 4 38 083 Councils, and create ISACs for all critical sectors, including the energy sector. It remains to be seen if the anticipated third draft will address the electric sector's concerns. Although trade press earlier predicted that Senate Intelligence Committee Chair Dianne Feinstein (D-CA)was poised to release draft legislation to address cybersecurity information sharing and privacy issues, some Hill staff said prospects for such a bill are dim, given the Committee's concern about the Snowden security breach and on-going controversy over National Security Agency activities. NIST is expected to release its Draft Cybersecurity Framework on Oct. 10,but the government shut-down could delay the issuance. It will likely be published in the Federal Register and a workshop noticed for mid-November. IV. Dodd-Frank Implementation a. Senators, FERC Call for Coordination between FERC and CFTC On Sept. 6, Sens. Feinstein and Senate Energy and Natural Resources Committee Chairman Ron Wyden(D-OR) released an Aug. 28 letter from FERC Chair Jon Wellinghoff stating that he supports a legislative fix to determine whether FERC can bring market manipulation cases regarding energy futures. A federal appeals court ruled earlier this year that such futures are the exclusive province of the Commodity Future Trading Commission(CFTC). Wyden and Feinstein had written to Wellinghoff asking him to report on the progress of the Memorandum of Understanding(MOU)between FERC and CFTC required by the Dodd Frank Act. Wellinghoff's response said that a MOU on information sharing had not been completed and, as a result, FERC is not able to obtain critical market manipulation data from CFTC. The court case complicated a previous MOU on the two agencies'jurisdiction. Wyden agreed to a legislative solution, saying, "While FERC has already taken major enforcement actions against traders and companies that manipulated energy prices, it appears that their federal counterparts at the CFTC have been working to undermine FERC's efforts. Chairman Wellinghoff has asked Congress to step in and I will be consulting with our colleagues on Capitol Hill about doing exactly that." V. Environmental Protection Agency Regulations a. EPA Releases Rule Limiting Carbon Emissions from New Power Plants On Sept. 20, the Environmental Protection Agency(EPA)released a re-proposed New Source Performance Standard (NSPS) limiting the amount of CO2 emissions from future power plants. The NSPS will require that any new gas-fired power plant emit no more than 1,000 lbs of CO2 per megawatt hour, while any new coal-fired power plant will have to stay below 1,100 lbs/MWh(or 1,000-1,050 lbs/MWh per year averaged over 7 years). In remarks at the National Press Club, EPA Administrator Gina McCarthy acknowledged that the standard requires carbon capture and storage— a technology not yet commercially available— as a feature of any new coal-fired plant. However, she said EPA and the Obama Administration 5 39 view the standards as "achievable" and made clear that the standard proposed for new plants is not an indication of the level of stringency the agency plans to place on existing plants. "The proposal we're putting out today is about new sources,"McCarthy said,noting that the Clean Air Act allows EPA to establish stricter standards for new power plants than it would for existing plants. "These standards should not indicate that we think we can retrofit existing facilities by plunking carbon capture and sequestration on the end." In a fact sheet accompanying the rule, EPA says its standard"reflects an ongoing trend in the power sector"towards natural gas and is therefore"not expected to have notable costs and are not projected to impact electricity prices or reliability." Immediately after the proposal was issued, Senate Minority Leader Mitch McConnell (R-KY) announced he would challenge it under the Congressional Review Act, which allows Congress to remand a final rule back to the agency that wrote it. That tactic has only been successful once in the law's history, but it is likely that Members of Congress will push back on the NSPS in a variety of ways. The re-proposed rule is likely to face legal challenges as well. Litigation may question whether CCS is truly"commercially available"or take issue with some technical aspect of the rule. However, this version of the rule is more defensible than the last,because it does not rely on fuel-switching as a control technology as the previous rule did. EPA received numerous comments indicating that logic was unsound and withdrew the proposal as a result. Furthermore, jurisprudence on GHGs and the Clean Air Act in Massachusetts v. EPA and subsequent cases suggest EPA may well prevail in the end. VI.Nuclear Regulatory Commission a. NRC Proposes Waste Confidence Rules On Sept. 13, the NRC proposed a Waste Confidence Rule in response to the D.C. Circuit Court of Appeals' ruling last year that the ability of nuclear facilities to store waste in dry casks needed to be updated in light of the ongoing difficulties in siting a permanent storage facility at Yucca Mountain. The NRC also released a draft generic environmental impact statement(GEIS). The GEIS determines that it is feasible to safely store spent nuclear fuel at a reactor site for 60 years after the site has been decommissioned and that it is reasonable to expect that a permanent geologic repository will be licensed within the next 60 years. The new finding is in line with the prior ruling, but incorporates the analysis the Court required. It also finds that there are no significant environmental impacts associated with dry cask storage. "From our initial review it appears the GEIS adequately addresses the aspects of the agency's analysis the court previously found lacking," said the Nuclear Energy Institute in a statement on the document. "The GEIS also appears to provide sufficient bases for the commission to reach conclusions regarding safe storage of used fuel following the expiration of a reactor license and the availability of a repository within 60 years after licensed reactor life for operation." 6 40 087 The agency has scheduled a series of public meetings across the country between Oct. 1 and Nov. 14 to gather public comments on the proposals. b. Vermont Yankee Shuttered;Navigant Study Examines Nuclear Future Entergy Corporation's Aug. 27 announcement that it will close its embattled Vermont Yankee plant, partially due to "design flaws"in the New England competitive markets, came as an unsurprising but chilling development to the nuclear industry. On the same day,Navigant Consulting released a report titled "Assessment of the Nuclear Power Industry" applauding the nuclear sector's development,but raising concerns as to whether nuclear power stakeholders can adapt to future electric market needs over the next 50 years. According to the report, disagreements on potential nuclear waste disposal are the most complex problem within the industry. The report also addresses the nuclear industry's competition from the insurgence of gas-fired power plants. However, the report also points to the carbon-free and local economic benefits of nuclear power as two relevant factors when addressing future development plans. Overall, the study reports on a variety of data including the size and scope of the global industry, as well as timelines of regulatory and legislative intervention. Although the report was finalized in June 2013, it was not released to the public until August 2013. 7 41 08 8 Information Item Presented 10/9.g/ a-q/3fil ielli A AZUSA I�GNt i WATFP INFORMATION ITEM TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE AZUSA UTILITY BOARD FROM: GEORGE F. MORROW, DIRECTOR OF UTILITIES DATE: OCTOBER 28, 2013 SUBJECT: PRESENTATION OF AZUSA CY2011 AND CY2012 RENEWABLE PORTFOLIO STANDARD REPORTS TO BE SUBMITTED TO THE CALIFORNIA ENERGY COMMISSSION BACKGROUND In accordance with requirements of the Renewable Portfolio Standard - Senate Bill X1 2 (SBX1 2), each year a Publicly Owned Utility (POU) shall present to its Board information related to its renewable energy resources procurement status and future procurement plans. SBX 1 2 also requires that the information be submitted to the California Energy Commission and also be made available to the public. Moreover, on October 1, 2013 the California Energy Commission's (CEC) Enforcement Procedures For The Renewables Portfolio Standard For Local Publicly Owned Electric Utilities ("regulations") became effective. The regulations require that within 30 days from their effective date the Publicly Owned Utilities (POUs) submit to the CEC report on their renewable energy procurement and compliance for calendar years 2011 and 2012. The report needs to be submitted in a CEC prescribed format. Accordingly, attached for your review and consideration are reports Staff will be submitting to the CEC on October 30, 2013. Report highlights: In general, Azusa has met the targeted 20%procurement/allotment of renewable energy products for each of the two calendar years—2011 and 2012. The renewable products used for compliance are of the two following categories: 1) Historic carryover (HCO) energy — procurement of renewable energy during the years 2004 — 2010 under contracts executed before January 1, 2011 (subject to certain CEC formula derived limitations), and 2) Energy from grandfathered contracts — renewable energy procured under contracts executed before June 1, 2010 RPS Report for CY 2011k�10i2 • October 28,2013 Page 2 Azusa expects to meet 20% renewable procurement target in 2013 for a total expected combined procurement of 20% for the first Compliance Period 2011-2013. In January 2013, Azusa executed two 3.5 MW 25-year contracts for renewable energy procurement expecting to yield about 17,000 MWh per year. The energy deliveries under these contracts expect to commence in January 2015. Additionally, in September 2013, Azusa executed three 25-year contracts for renewable energy procurement(3 MW, 1.3 MW and 1.7 MW), expecting to yield about 17,000 MWh per year. The energy deliveries under the contracts will commence in 2016. FISCAL IMPACT There is no fiscal impact at this time. Prepared by: Yarek Lehr, Assistant Director of Resource Management Attachment: CEC designed spreadsheet for 2011 & 2012 RPS Report populated with Azusa report data e HHIfl1HIHIOIIIOIIIIHIIIIIIIIIIIIIIIIIIIIIIIIIIOIIIIIIIIHHIIOIIHIIIIIIIIHIOIi : IIIIMMIlll"1"""""111""""""11011111011111111111111101 III 3.lW Hill I 11111111111111111111111111111111111111111 Ii NMI IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII 1111111111111111111111111111 liln 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 '- 111iii a: r �ii Ii11i 11 I 1 01011 11011000001 0 1 Oil 1101 is I ' 11111111111111111111101111111111111111111111111111111111101111111111111111111111111111111111111111111111111111111H il mmiiiiiiiiiiimmummmimimmimiiiiiiiiiiiiiiiiiiiiiiim i 101111111111111111111111 ! NININNII N111111111111111111 11111111111111111111111111111111111111111M1111111111111 jii7 I I 11111 ll III Rupp 09t STATE OF CALIFORNIA Compliance Report Form for Local Publidy Owned Electric Utilities �y CEC-RPS-POU(Revised 102013) CALIFORNIA ENERGY COMMISSION WREGIS Facility Facility Renewable Facility Source Name-as Contract ID' RPS ID2 Facility Name 104 County' State' Eligibility Online Technology registered with Notes" ID Dater Date' On-line Date webRegistry70 ALW-2011-1 60726A Highwinds Project W229 Solano CA 10/3/2008, 8/25/2003 N/A ALW-2011-2 60802A Garnet Wind Energy W1294 Riverside CA 4/8/2009 2/23/2009 N/A ALW-2011-3 60619A Lake Penis Power Plant W474 Los Angeles CA 3/30/2005 5/1/1983 N/A ALW-2011-3 60623A Rio Hondo Power Plant W470 Los Angeles CA 3/30/2005 3/1/1984 N/A ALW-2011-3 60624A Coyote Creek Power Plant W469 Los Angeles CA 3/30/2005 4/1/1984 N/A ALW-2011-3 60626A Valley View Power Plant W472 Los Angeles CA 3/30/2005 7/1/1986 N/A San Gabriel Valley Municipal Water ALW-2011-4 60331A Districts Small Hydro Gen Facility W1622 Los Angeles CA 3/30/2005 1/28/1986 N/A ALW-2012-5 60726A Highwinds Project W229 Solano CA 10/3/2008 8/25/2003 N/A ALW-2012-6 60802A Garnet Wind Energy W1294 Riverside CA 4/8/2009 2/23/2009 N/A ALW-2012-7 60619A Lake Penis Power Plant W474 Los Angeles CA 3/30/2005 5/1/1983 N/A ALW-2012-7 60623A Rio Hondo Power Plant W470 Los Angeles CA 3/30/2005 3/1/1984 N/A ALW-2012-7 60624A Coyote Creek Power Plant W469 Los Angeles CA 3/30/2005 4/1/1984 N/A ALW-2012-7 60626A Valley View Power Plant W472 Los Angeles CA 3/30/2005 7/1/1986 N/A San Gabriel Valley Municipal Water ALW-2012-8 60331A Districts Small Hydro Gen Facility W1622 Los Angeles CA 3/30/2005 1/28/1986 N/A CEC-RPS-POU Apra 2013 I"1 STATE OF CALIFORNIA Compliance Report Form for Local Publicly Owned Electric Utilities CEC-RPS-POU(Revised 10/2013) CALIFORNIA ENERGY COMMISSION ' ' Annual RPS Report: Accounting Input Required Actual Data Forecasted Data Compliance Period 1 Actual Forecasted Annual RPS Procurement and Percentages (MWh) 2011 2012 2013 Annual Retail Sales 231,642.4770 235,963.8790 237,834.0000 Annual RPS Procurement Retired 44,823.0000 l 40,509.0000 l 36,458.0000 Soft Targets 20.00% 20.00% 20.00% Annual RPS Procurement Percentage 19.35% 17.17% 15.33% Compliance Period 1 Procurement Target(MWh) 2011 2012 2013 Procurement Target 141,088.0712 Category 0 RECs Retired 44,823.0000 40,509.0000 36,458.0000 Category 1 RECs Retired l Pre-June 1, 2010 Category 1 RECs Retired' j Category 2 RECs Retired r t i Pre-June 1, 2010 Categorx 2 RECs Retired2 l Category 3 RECs Retired l Pre-June 1, 2010 Category 3 RECs Retire& Soft Targets 20.00% 20.00% T 20.00% RECs Retired as Percentage of Retail Sales 19.35% 17.17% + 15.33% Forecasted Total RECs Retired(Compliance 121,790.0000 Period) CEC-RPS-POU April 2013 C.0 STATE OF CALIFORNIA Compliance Report Form for Local Publicly Owned Electric Utilities CEC-RPS•POU(Revved 10/20131 CALIFORNIA ENERGY COMMISSION RPS Compliance Period Report:Accounting To be completed at the end of each compliance period. Input Required Actual Data Forecasted ForeecastedstedDData Compliance Period 1 Actual Annual RPS Procurement and Percentages(MWh) 2011 2012 2013 Annual Retail Sales 231,642.4770 I 235,963.8790 I 237,834 0000 Annual RPS Procurement Retired 44,823.0000 I 40,509.0000 I _36,458.0000 Soft Targets 20.00% 20.00% ) 20.00% Annual RPS Retirement Percentage 19.35% 17.17% I 15.33% Total RECs Procured(Compliance Period) 121,790.0000 Compliance Period 1 Procurement Target(MWh) 2011 I 2012 I 2013 Procurement Target 141,088.0712 Categ2a 0 RECs Retired 44,823.0000 j 40,509.0000 36,458.0000 _Category 1 RECs Retired 0.0000 1 0.0000 0.0000 _ Pre-June 1,2010 Category 1 RECs Retired 0.0000 0.0000 0.0000 __Category 2 RECs Retired 0.0000 I 00000 0.0000 Pre-June 1,2010 Category 2 RECs Retired 0.0000 0.0000 1 0.0000 Category 3 RECs Retired 0.0000 0.0000 I 0.0000 Pre-June 1,2010 Category 3 RECs Retired 0.0000 I 0.0000 ' 0.0000 Sum 121,790.0000 Historic Carryover Applied' 19,298.0712 Total RECs Retired(Compliance Period) 141,088.0712 Compliance Period I Portfolio Balance Requirements(MWh) Total Retired Applied to Target' Potential Excess Category 0 RECs Retired 121,790.0000 121,790.0000 0.0000 Historic Carryover Applied 19,298.0712 19,298.0712 0.0000 Category 1 RECs Retired* 0.0000 0.0000 0.0000 Pre-June 1,2010 Category 1 RECs Retired 0.0000 0.0000 0.0000 Category 2 RECs Retired 0.0000 0.0000 0.0000 Pre-June 1,2010 Category 2 REC5 Retired 00000 0.0000 0.0000 Category 3 RECs Retired" 0.0000 0 0000 n/a Pre-June 1,2010 Category 3 RECs Retired 0.0000 0.0000 n/a Total RECs applied to the Target"` 141,088.0712 Categi 1 Balance Requirement -9,649.0356 Category 3 Balance Limitation _ -4,824.5178 Disallowed Category 3 RECs 4,824.5178 'The Category 1 RECs applied to the target will be flagged it the number is less than the Category 1 Balance Requirement fine 43). "The Category 3 RECs applied to the target will be flagged if the number is more than the Category 3 Balance Limitation(line 44). "'The sum of the total RECs applied to the Target will be flagged if it exceeds the Procurement Target(line 20) Applied to Current Accumulated in Current Remaining Additional Procurement Starting Balance Compliance Period Compliance Period Balance _Total Excess Procurement 0.0000 0.0000 (141,088.0712) (141,088.0712) Excess Category 0 RECs .........._.__00000_._....................................._0.0000 .........._0:0000............-._..................._0:0000.._._. Excess Category 1 RECs 0.0000 0;0000 0.0000 ,.._,0,0000 Excess Pre-June 1,2010 Cat.1 RECs 0.0000 0.0000 0.0000 0.0000 Excess Category 2 RECs 0.0000 0.0000 elms .,_ 0.0000 Excess Pre-June 1,2010 Cat.2 RECs. 0.0000 0.0000 0.0000 00000 Total Historic Carryover° 43,547.0000 19,298.0712 rola 24,248.9288 Compliance Period 1 RPS Procurement Enforcement(MWh) 2011 I 2012 I 2013 Deficit of RECs Necessary to Meet Target 0.0000 I Deficit of RECs Necessary to Meet PCC 1 0.0000 Portfolio Balance Requirement lI Compliance Period 1 .V010Excess Procurement Calculation(MWh)' r 3puonn wrnpnan�r yeslNo Total RECS retired,less disallowed PCC 3 136,263.5534 Cost Limitations Procurement Target 141,088.0712 Delay of Timely Compliance Potential Excess 0.0000 Reduction of PCC 1 Short-Term RECs' _ Excess RECs Eligible (141,088.0712) Excess Category 0 RECs ,. Excess Category 1 RECs „-_,_ ._ ,__ Excess Pre-June 1,2010 Category 1 REC5 _____ .... ........ Excess Category 2 RECs Excess Pre-June 1,2010 Category 2 RECs CEC-RPS-POU Apu MIS 094