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Resolution No. 7980Y r ( r { t r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 P.YI Pr -A RESOLUTION NO. 7980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING THE TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT IN ACCORDANCE WITH VERNON'S TRANSMISSION OWNER TARIFF AND PROVIDING FOR TARIFF SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT WHEREAS, on August 29, 2000, the City Council of the City of Vernon adopted Resolution No. 7608 establishing the Transmission Revenue Requirement ("TRR") associated with Vernon's high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) for the purpose of becoming a Participating Transmission Owner with the California Independent System Operator ("ISO"); and WHEREAS, the TRR and Transmission Owner Tariff ("TO Tariff") were filed with the Federal Energy Regulatory Commission ("FERC") on August 30, 2000, as supplemented on August 31, 2000, in FERC Docket No. EL00-105-000; and WHEREAS, the FERC issued its decision on October 27, 2000, requesting the City of Vernon to make certain changes to its TRR and TO Tariff; and WHEREAS, on November 7, 2000, the City Council of the City of Vernon adopted Resolution No. 7659 which approved and authorized for filing with FERC a Compliance Filing prepared by Albert E. Clark, the City's Consultant, and a new TO Tariff incorporating the changes in the TRR and TO Tariff suggested by FERC in its decision; and WHEREAS, the TRR and TO Tariff were filed with the FERC on November 9, 2000, as supplemented on November 13, 2000, in FERC Docket No. EL00-105-001; and WHEREAS, the FERC issued its decision on March 28, 2001, s r , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 P40 requesting the City of Vernon to make further changes to its TO Tariff; and WHEREAS, on April 24, 2001, the City Council of the City of Vernon adopted Resolution No. 7751 which approved and authorized for filing with FERC, consistent with the terms of the March 28, 2001 FERC decision, a Compliance Filing, including a new TO tariff incorporating the changes in the TRR and TO Tariff suggested by FERC in its decision; Iand WHEREAS, the FERC issued its decision on September 14, 2001, approving that Compliance Filing, including the City of Vernon TO Tariff, except for one small ministerial correction to one sheet of the Vernon TO Tariff; and WHEREAS, City staff prepared that ministerial change and Vernon filed it with the FERC on September 24, 2001; and WHEREAS, the FERC's Director, Division of Tariffs and Rates - West, under general authority delegated by the FERC, approved Vernon's correction in an April 5, 2002 letter order; and WHEREAS, the City of Vernon TO Tariff provides for periodic recalculation of the Transmission Revenue Balancing Account Adjustment ("TRBAA"); and WHEREAS, Peter Lanzalotta, a consultant to the City, has prepared testimony and exhibits which determine the TRBAA consistent with the TO Tariff and support the TRBAA, along with TO Tariff tariff sheet changes to implement the new TRBAA; and WHEREAS, a Notice of Public Hearing was posted on June 6, 2002, notifying all interested parties that a hearing to consider evidence to establish Vernon's new TRBAA was scheduled for June 19, 12002, at approximately 5 p.m.; and - 2 - 1 2 3 4 5 CV@ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 W-1 WHEREAS, by letter dated May 30, 2002, Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that the TRBAA and Appendix I,to the TO Tariff implementing the TRBAA be approved and submitted to the ISO; and WHEREAS, City of Vernon Staff reported to the City Council that the ISO has recently orally stated to Vernon that it prefers that Vernon delay implementation of a new Vernon TRBAA until later in 2002 and that the ISO intends to make a tariff change filing at the FERC that would provide, among other things, for such a later TRBAA change by Vernon under the ISO FERC Electric Tariff, and the ISO has provided City Staff with draft portions of certain materials it intends to file at the FERC in connection with this proposed change to its FERC Tariff; land WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the establishment of Vernon's new TRBAA and Appendix I to the TO Tariff implementing the new TRBAA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon further finds that all persons have had the opportunity to be heard or to file written comments to the proposed establishment of Vernon's new TRBAA and Appendix I to the TO Tariff implementing the new TRBAA, and after due consideration of any and all evidence submitted at the public hearing determines that there are compelling reasons to justify the - 3 - 1 2 3 4 5 6 7 8 9 10 Now 12 I19l 14 15 16 17 18 19 20 21 22 23 24 25 26 27 on jestablishment of Vernon's new TRBAA and Appendix I to the TO Tariff implementing the new TRBAA. SECTION 3: The City Council of the City of Vernon hereby approves the establishment of Vernon's new TRBAA and Appendix I to the TO Tariff implementing the new TRBAA, to be effective July 1, 2002 except as conditioned below, described in the testimony and exhibits prepared by Mr. Peter Lanzalotta, a copy of which is attached hereto as Exhibit "A" and made a part hereof, pursuant to the TO Tariff and consistent with the FERC decisions in FERC Docket No. EL00-105, concerning that TRR and TO Tariff. SECTION 4: The City Council of the City of Vernon directs that the timing of implementation of Vernon's new TRBAA and Appendix I to the TO Tariff be contingent on approval by the FERC of that timing, so long as Vernon is kept financially whole. SECTION 5: The City Council of the City of Vernon hereby authorizes the submittal of the Prepared Direct Testimony of Peter J. Lanzalotta on behalf of the City of Vernon to the FERC and the City Clerk, or his designee, is hereby directed to send a certified copy of this resolution to the City's counsel for regulatory matters to linitiate the filing: Channing D. Strother, Esq. McCarthy, Sweeney& Harkaway 2175 K Street, NW, Ste. 600 Washington, D.C. 20037 SECTION 6: The City Council of the City of Vernon hereby directs that its legal counsel represent to the FERC that Vernon pledges its continued cooperation to work with the ISO to implement its new TRBAA and Appendix I to the TO Tariff, so long as Vernon is kept financially whole, at the time and in the manner that the FERC - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determines is most appropriate, but is compelled to make its filing at this time by the terms of the current Vernon TO Tariff and by the terms of the current ISO Tariff, as approved by the FERC. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 26th day of June, 2002. LEONIS C. MA BURG, Mayor ATTEST: BRUCE V. MALKENHORST, City Clerk - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 7980, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, June 26, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 6 - EXHIBIT 1 EXHIBIT V - 1 2 3 UNITED STATES OF AMERICA 4 BEFORE THE 5 FEDERAL ENERGY REGULATORY COMMISSION 6 8 9 10 11 CITY OF VERNON, CALIFORNIA ) DOCKET NO. ER02- 12 13 14 15 Prepared Direct Testimony of 16 Peter J Lanzalotta 17 18 on behalf of the 19 City of Vernon, California 20 21 May, 2002 22 23 24 Q. Please state your name, affiliation and business address. 25 A. Peter J. Lanzalotta, Lanzalotta & Associates LLC, 9762 Polished Stone, 26 Columbia, Maryland 21046. 27 28 Q. Please describe your educational background. 29 A. I am a graduate of Rensselaer Polytechnic Institute, where I received a Bachelors 30 of Science degree in Electric Power Engineering. In addition, I hold a Masters 31 degree in Business Administration with a concentration in Finance from Loyola 32 College in Baltimore. 33 34 Q. Please describe your professional experience. 35 A. I am a Principal of Lanzalotta & Associates LLC, which was formed in January r City of Vernon, California, Docket No. ER02- Exhibit No. V-1 Page 2 of 8 1 2001. Prior to that, I was a partner of Whitfield Russell Associates, with which I 2 had been associated since March 1982. My areas of expertise include electric 3 system planning and operation, cost of service study, and utility rate design. I am 4 a registered professional engineer in the states of Maryland and Connecticut. My 5 prior professional experience is described in Exhibit No. V-2, which is attached 6 hereto. 7 8 I have been involved with the planning and operation of electric utility systems 9 and with utility regulatory matters, including cost of service, cost allocation, and 10 rate design, as an employee of and as a consultant to a number of privately- and 11 publicly -owned electric utilities, regulatory agencies, developers, and electric 12 loads over a period exceeding thirty years. 13 14 Q. Have you qualified to offer expert testimony in any judicial or quasi-judicial 15 proceedings? 16 A. Yes, I have presented expert testimony before the FERC and before regulatory 17 commissions and other judicial and legislative bodies in 16 states, the District of 18 Columbia, and the Provinces of Alberta and Ontario. My clients have included 19 utilities, regulatory agencies, ratepayer advocates, independent producers, 20 industrial consumers, the United States Government, and various city and state 21 government agencies. The proceedings in which I have testified are listed in 22 Exhibit No. V-3. 23 24 Q. What is the purpose of your testimony? 25 A. The purpose of my testimony is to present Vernon's Transmission Revenue 26 Balancing Account Adjustment C TRBAN) proposed to become effective July 1, 27 2002. 28 29 Q. Can you summarize your testimony? 30 A. Yes. The Vernon TRBAA is a rate -making mechanism that is part of Vernon's 1) City of Vernon, California Docket No. ER02- Exhibit No. V- l Page 3 of 8 1 TO Tariff, as approved by the FERC. The balance in the Vernon TRBA as of 2 December 31, 2001, including interest, is $42,340. For 2002, wheeling revenues 3 are projected to be a credit of $432,883 while usage/congestion revenues are 4 projected to be a credit of $30,153. Finally, receipt in 2002 of transmission 5 credits payable, but not paid, in 2001 was projected to be a credit of $107,891. 6 Taken together, these items sum up to a TRBAA for the twelve months starting 7 July 1, 2002 of a credit, or negative, balance of $528,587. 8 9 Q. What is the TRBAA? 10 A. The TRBAA is a ratemaking mechanism designed to ensure that all Transmission 11 Revenue Credits ("TRCs") are flowed through to transmission customers. The 12 California ISO Tariff describes the annual TRBAA, in Appendix F, Schedule 3, 13 Section 6.1(b), as "... a dollar amount based on projected Transmission Revenue 14 Credits as adjusted for the true up of the prior year's difference between projected 15 and actual credits." 16 17 Section 5.2 of the Vernon TO Tariff identifies the items to be reflected in the 18 TRBAA and sets forth the procedure for revising the TRBA on an annual basis, as 19 follows: 20 5.2 Transmission Revenue Balancing Account Adjustment 21 ("TRBAA") The Participating TO shall maintain a Transmission 22 Revenue Balancing Account ("TRBA") that will ensure that all 23 Transmission Revenue Credits and the refunds, specified in Sections 6 and 24 8 of Appendix F, Schedule 3 of the ISO Tariff, flow through to 25 transmission customers. 26 27 The TRBAA shall be equal to: TRBAA = TRCF + TRCT+ I . 28 29 TRCT = The balance representing the prior period difference 30 between the projected Transmission Revenue Credits and 3 a City of Vernon, California Docket No. ER02- Exhibit No. V-1 Page 4 of 8 1 the actual credits. 2 3 TRCF = The forecast of Transmission Revenue Credits for the 4 following calendar year. 5 6 I = The interest balance for the TRBA, which shall be 7 calculated using the interest rate pursuant to Section 8 35.19(a) of FERC's regulations under the Federal Power 9 Act (18 CFR Section 35.19(a)). Interest shall be calculated 10 based on the average TRBA principal balance each month, 11 compounded quarterly. 12 13 Q. How are Transmission Revenue Credits ("TRCe) defined? 14 A. TRCs are defined in Section 3.25 of the Vernon TO Tariff as follows: 15 3.25 Transmission Revenue Credit. The net of: 1) the revenues received 16 by the Participating TO from the ISO for Wheeling service, Usage 17 Charges (excluding any Usage Charges received by the Participating TO 18 as an FTR Holder) and from the sale of an FTR; and 2) the shortfall or 19 surplus resulting from any cost differences between Transmission Losses 20 and Ancillary Service requirements associated with Existing Rights and 21 the ISO's rules and protocols. 22 23 Q. What are the results of your calculation of Vernon's TRBAA to be effective July 24 1, 2002? 25 A. A summary of the elements of the Vernon TRBAA is shown in Exhibit No. V-4. 26 It shows that the balance in the Vernon TRBA as of December 31, 2001, 27 including interest, is $42,340. Wheeling revenues are projected to be a credit of 28 $432,883 while usage/congestion revenues are projected to be a credit of $30,153. 29 Finally, receipt in 2002 of transmission credits payable, but not paid, in 2001 was 30 projected to be a credit of $107,891. Taken together, these items sum up to a 0 1 City of Vernon, California Docket No. ER02- Exhibit No. V-1 Page 5 of 8 1 TRBAA for the twelve months starting July 1, 2002 of a credit, or negative, 2 balance of $528,587. 3 4 It is worth noting that all of,the Vernon transmission facilities that are reflected in 5 Vernon's transmission rates and the TRBAA are high voltage facilities. 6 Therefore, there is no need to allocate TRCs, or other TRBAA components, 7 between high voltage and low voltage rates. 8' 9 I will review the derivation of the elements of the Vernon TRBAA using the 10 components of the TRBAA, as stated in Section 5.2 of the Vernon TO Tarrif and 11 listed above, as a reference. The TRBAA is equal the sum of : TRCF + TRCT+ 12 I. 13 14 Q. How was the balance of $42,340 in the Vernon TRBAA as of December 31, 2001 15 determined? 16 A. This balance represents the sum of the TRCT and the I components. 17 18 TRCT 19 20 Q. What does TRCT represent? 21 A. TRCT represents a balance that reflects the prior period difference between the 22 projected TRCs and the actual credits. The prior period in this case is calendar 23 year 2001. 24 25 A summary of the determination of the December 31, 2001 balance in the Vernon 26 TRBA is shown in Exhibit No. V-5. The TRCT component reflects the 27 previously projected 2001 TRCs for Vernon of $364,048, or $30,377 per month, 28 as reflected on Line No. 11 of Exhibit No. V-5, adjusted for actual payable TRCs 29 reflecting 1) congestion refunds payable to the transmission owner ("TO"), i.e., 30 Vernon, and reflecting 2) high voltage wheeling revenue payable to the TO. This 5 1 City of Vernon, California Docket No. ER02- Exhibit No. V-1 Page 6 of 8 1 adjustment is reflected in Lines 12-15 of Exhibit No. V-5 and produces the Under 2 (Over) Collection figures for the monthly payable TRC balances reflected in Line 3 15 of Exhibit No. V-5. These monthly balances are carried forward from month 4 to month in Line 17 of Exhibit No. V-5. Interest is calculated monthly (the I 5 component) on the under (over) payment and is compounded quarterly into the 6 monthly payable TRC balances, pursuant to Section 5.2 of the Vernon TO Tariff. 7 The interest calculation for payable TRC balances is shown in Lines 19-23 of 8 Exhibit V-5. 9 10 These payable TRC balances are then adjusted to reflect the fact that transmission 11 revenues that were payable to the TO in 2001 were sometimes not actually paid to 12 the TO in 2001. These payable revenues that were not paid in 2001 are reflected 13 in Lines 31-37 of Exhibit No. V-5, under "Exclusions From 2001 TRBA" and are 14 subtracted from the payable TRC balances at the end of the year. Interest is 15 calculated monthly on the Exclusion balance and is compounded quarterly into 16 the monthly Exclusion balances. The interest calculation for the monthly 17 Exclusion balances is shown in Lines 39-44 of Exhibit V-5. 18 19 I - Interest 20 21 Q. What does the I component of the TRBAA formula reflect? 22 23 A. As discussed above, the I component reflects interest on payable balances and on 24 unpaid payable balances. As provided in Section 5.2 of Vernon's TO tariff, 25 monthly interest carrying costs are calculated using the 18 CFR § 35.19(a) interest 26 rates and calculation method. These interest rates reflect the prime rate values 27 published in the Federal Reserve Bank's "Selected Interest Rates" and, for each 28 month in a quarter, the average rate for the three months preceding the quarter is 29 applied, as provided for in 18 CFR § 35.19(a). The Commission publishes notice 30 of these rates quarterly. A City of Vernon, California Docket No. ER02- Exhibit No. V-1 Page 7 of 8 I 2 The calculation of interest is reflected in Exhibit V-5 and is included as an 3 integral part of the calculation of the year-end 2001 TRBA balance. It is not 4 reflected as a separate line item in Exhibit V-4. 5 6 TRCF 7 8 Q. What does TRCF stand for? 9 A. TRCF stands for the forecast of TRCs for the following calendar year, in this case, 10 2002. These forecast TRCs reflect projected wheeling revenues and projected 11 usage/congestion revenues for 2002. 12 13 Q. How were the projected wheeling revenues and usagetcongestion revenues 14 developed? 15 A. Wheeling revenues, which correspond to account 384, are projected to be a credit 16 of $432,883 while usage/congestion revenues, which correspond to accounts 204 17 and 254, are projected to be a credit of $30,153. A summary of the 2001 monthly 18 accruals to these accounts is shown in Exhibit No. V-9. The annual accrual in 19 2001 for account 384 regarding wheeling revenues is $432,883, while the annual 20 accruals in accounts 204 and 254 regarding day -ahead and hour -ahead interzonal 21 congestion refunds are $23,936 and $6,217, respectively, totaling $30,153. 22 23 These values reflect preliminary 2001 invoice amounts, as adjusted to final 24 invoice amounts, as shown in Exhibit V-10. These historical 2001 values were 25 used to estimate expected values for these accounts in 2002. The 12-month 26 ` projected values for 2002 are as reflected in Exhibit No. V-6. 27 28 Q. Are there any other components of forecast revenue credits for 2002? 29 A. Yes. Forecast revenue credits for 2002 also include a component to reflect TRCs 30 that were payable in 2001 but were not paid in 2001. Payment of these revenues 7 City of Vernon, California Docket No. ER02- Exhibit No. V-1 Page 8 of 8 1 is projected to occur in 2002. 2 3 Q. How were the receipts in 2002 of transmission revenues payable, but not paid, in 4 2001 determined to be a credit of $107,891. 5 A. This was part of the ,calculation of the December 31, 2001 TRBA balance, which 6 is summarized in Exhibit No. V-5. The development of the transmission revenues 7 that are payable is discussed above. These revenues are adjusted to reflect the 8 monthly relationship between credits and charges on Vernon's ISO account. 9 Because there are monthly charges that Vernon owes to the ISO, these are used to 10 proportionately reduce the transmission revenues payable to Vernon, resulting in 11 the adjusted credits shown in Exhibit No. V-8. 12 13 These adjusted credits are then reduced to reflect actual payments received in 14 2001, as shown in Exhibit No. V-7. A portion of the total ISO payments are 15 allocated to accounts 204, 254, and 384 based on the relationship of the sum of 16 the adjusted credits in each of these accounts to the total invoice amount. The 17 remaining unpaid amounts are shown at the bottom of Exhibit No. V-7. These 18 unpaid amounts are reflected in the Exclusions portion of Exhibit No. V-5, where 19 they are used to reduce the "overcoffection" reflected in the authorized 20 revenuetcredits portion of the exhibit. 21 22 Q. Does this conclude your prepared direct testimony? 23 A. Yes. 24 25 26 R AFFIDAVIT OF PETER J. LANZALOTTA State of Maryland ) ss. County of Howard ) Peter J. Lanzalotta, being duly sworn, deposes and states that the foregoing Direct Testimony prepared on behalf of the City of Vernon, California, and the attached exhibits, were prepared by him or at his direction and under his supervision, that he would respond in the same manner as shown therein if asked the questions therein, and that the facts contained therein are true and correct to the best of his knowledge, information, and belief. • / SUBSCRIBED AND SWORN TO before me, this 22nd day of May, 2002. `tom_ NOTAA PUBLIC in and for the State of Maryland. My commission expires 6 - o /- 0 NOTARIAL SEAL City of Vernon, California Docket No. ER02- Exhibit No. V-2 Page 1 of 2 2 Prior Experience of Peter J. Lanzalotta 3 4 Mr. Lanzalotta has more than twenty-five years experience in electric utility 5 system planning, power pool operations, distribution operations, electric 6 service reliability, load and price forecasting, and market analysis and 7 development. Mr. Lanzalotta has appeared as an expert witness on utility 8 reliability, planning, and operation matters in more than 50 proceedings in 13 9 states, the District of Columbia, and the Provinces of Alberta and Ontario. 10 He has developed evaluations of electric utility system cost, value, reliability, 11 and condition. He has participated in negotiations between utilities and 12 customers or regulators in more than ten states regarding transmission access, 13 the need for facilities, electric rates, electric service reliability, the value of 14 electric system components, and system operator structure under wholesale 15 competition. 16 17 Prior to his forming Lanzalotta & Associates LLC in 2001, he was a Partner 18 at Whitfield Russell Associates for fifteen years and a Senior Associate for 19 approximately four years before that. He holds a Bachelor of Science in 20 Electric Power Engineering from Rensselaer Polytechnic Institute and a 21 Master of Business Administration with a concentration in Finance from 22 Loyola College of Baltimore. 23 24 Prior to joining Whitfield Russell Associates in 1982, Mr. Lanzalotta was 25 employed by the Connecticut Municipal Electric Energy Cooperative 26 ("CMEEC) as a System Engineer. He was responsible for providing 27 operational, financial, and rate expertise to Coop's budgeting, ratemaking and 28 system planning processes. He participated on behalf of CMEEC in the 29 Hydro-Quebec/New England Power Pool Interconnection project and 30 initiated the development of a database to support CMEEC's pool billing and 31 financial data needs. kya 33 Prior to my CMEEC employment, He served as Chief Engineer at the South 34 Norwalk (Connecticut) Electric Works, with responsibility for planning, data 35 processing, engineering, rates and tariffs, generation and bulk power sales, 36 and distribution operations. While at South Norwalk, He conceived and City of Vernon, California Docket No. ER02- Exhibit No. V-2 Page 2 of 2 1 implemented, through Northeast Utilities and NEPOOL, a peak -shaving plan 2 for South Norwalk and a neighboring municipal electric utility, which resulted 3 in substantial power supply savings. He programmed and implemented a 4 computer system to perform customer billing and maintain accounts 5 receivable accounting. He also helped manage a generating station overhaul 6 and the undergrounding of the distribution system in South Norwalk's 7 downtown. 8 9 From 1977 to 1979, Mr. Lanzalotta. worked as a public utility consultant for 10 Van Scoyoc & Wiskup and separately for Whitman Requart & Associates in 11 a variety of positions. During this time, he developed cost of service, rate 12 base evaluation, and rate design impact data to support direct testimony and 13 exhibits in a variety of utility proceedings, including utility price squeeze 14 cases, gas pipeline rates, and wholesale electric rate cases. 15 16 Prior to that, He worked for approximately 2 years as a Service Tariffs 17 Analyst for the Finance Division of the Baltimore Gas & Electric Company 18 where he developed cost and revenue studies, evaluated alternative rate 19 structures, and studied the rate structures of other utilities for a variety of 20 applications. He was also employed by BG&E in Electric System Operations 21 for approximately 3 years, where his duties included operations analysis, 22 outage reporting, and participation in the development of BG&E's first 23 computerized customer information and service order system. 24 25 Mr. Lanzalotta is a member of the Institute of Electrical & Electronic 26 Engineers, the National Society of Professional Engineers, the Association of 27 Energy Engineers, the National Fire Protection Association, the American 28 Solar Energy Society, and the Financial Management Association. He is also 29 registered Professional Engineer in the states of Maryland and Connecticut. City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 1 of 10 Proceedings in Which Peter I Lanzalotta HaC Testified 1 1. In re! Public Service Company of New Mexicn, Docket Nos. ER78-337 2 and ER78-338 before the Federal Energy Regulatory Commission, 3 concerning the need for access to calculation methodology underlying filing. 4 5 2. In ree Baltimore Gas and Electric Company,, Case No. 7238-V before the 6 Maryland Public Service Commission, concerning outage replacement power 7 costs. 8 9 3. In re- Hairdan Lighting & Pnwer Company, Texas Public Utilities 10 Commission Docket No. 4712, concerning modeling methods to determine 11 rates to be paid to cogenerators and small power producers. 12 13 4. In ree Nevada Power Company., Nevada Public Service Commission, 14 Docket No. 83-707 concerning rate case fuel inventories, rate base items, and 15 O&M expense. 16 17 5. In re- Virginia Fitw-tric & Power Company, Virginia State Corporation 18 Commission, Case No. PUE820091- concerning the operating and reliability- 19 based need for additional transmission facilities. 20 21 6. In re! Public Service Electric & Gas Company, New Jersey Board of 22 Public Utilities, Docket No. 831-25, concerning outage replacement power 23 costs. 24 25 7. In re! Philadelphia Electric Com= any, Pennsylvania Public Utilities 26 Commission, Docket No. P-830453, concerning outage replacement power 27 costs. 28 City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 2 of 10 Proceedings in Which Peter I Lanzalotta Has Testified 8. In ree Cincinnati Go. & Electric Company, Pablic Utilities Commission of Ohio, Case No. 83-33-EL-EFC, concerning the results of an operations/fuel-use audit conducted by Mr. Lanzalotta. 9. In re- Kancac City Power and Light Company, before the State Corporation Commission of the state of Kansas, Docket Nos. 142,099-U and 120,924-U, concerning the determination of the capacity, from a new base -load generating facility, needed for reliable system operation, and the capacity available from existing generating units. 10. In reo Philadelphia F,lectric Company,; Pennsylvania Public Utilities Commission, Docket No. R-850152, concerning the determination of the capacity, from a new base -load generating facility, needed for reliable system operation, and the capacity available from existing generating units. 11. In re!• ARC Methnd Prnposed for Applicatinn to Puhlic Service CamUnnv of Calarnda, before the Public Utilities Commission of the State of Colorado, on behalf of the Federal Executive Agencies ("FEA"), concerning a production cost allocation methodology proposed for use in Colorado. 12. In re- numiecne Light Comp nX, Docket No. R-870651, before the Pennsylvania Public Utilities Commission, on behalf of the Office of Consumer Advocate, concerning the system reserve margin needed for reliable service. 13. In res Pennsylvania Power Camnanvy, Docket No. I-7970318 before the Pennsylvania Public Utilities Commission, on behalf of the Office of Consumer Advocate, concerning outage replacement power costs. City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 3 of 10 Proceedings in Which Peter J. Lanzalotta Has Testified 1 14. In ree Commonwealth Edisnn Company,, Docket No. 87-0427 before the 2 Illinois Commerce Commission, on behalf of the Citizen's Utility Board of 3 Illinois, concerning the determination of the capacity, from new base -load 4 generating facilities, needed for reliable system operation. 5 6 15. In re• Central Illinnis Public Service Company, Docket No. 88-0031 7 before the Illinois Commerce Commission, on behalf of the Citizen's Utility 8 Board of Illinois, concerning the degree to which existing generating capacity 9 is needed for reliable and/or economic system operation. 10 11 16. In re- Illinois Power Cmmpany, Docket No. 87-0695 before the State of 12 Illinois Commerce Commission, on behalf of Citizens Utility Board of 13 Illinois, Governors Office of Consumer Services, Office of Public Counsel 14 and Small Business Utility Advocate, concerning the determination of the 15 capacity, from a new base -load generating facility, needed for reliable system 16 operation, and the capacity available from existing generating units. 17 18 17. In re- Florida Power Corporation, Docket No. 860001-EI-G {Phase II}, 19 before the Florida Public Service Commission, on behalf of the Federal 20 Executive Agencies of the United States, concerning an investigation into fuel 21 supply relationships of Florida Power Corporation. 22 23 18. In re! Potomac Electric Power Company, before the Public Service 24 Commission of the District of Columbia, Docket No. 877, on behalf of the 25 Public Service Commission Staff, concerning the need for and availability of 26 new generating facilities. 27 City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 4 of 10 Proceedings in Which Peter J. Lanzalotta Hay, Testified 19. In reo Snnth Carolina Electric & Gas Company before the South Carolina Public Service Commission, Docket No. 88-681-E, On Behalf of the State of Carolina Department of Consumer Affairs, concerning the capacity needed for reliable system operation, the capacity available from existing generating units, relative jurisdictional rate of return, reconnection charges, and the provision of supplementary, backup, and maintenance services for QFs. 20. In reo Commonwealth Edison Company,, Illinois Commerce Commission, Docket Nos. 87-0169, 87-0427, 88-0189, 88-0219, and 88-0253, on behalf of the Citizen's Utility Board of Illinois, concerning the determination of the capacity, from a new base -load generating facility, needed for reliable system operation. 21. In ree I1linois Power Company, Illinois Commerce Commission, Docket No. 89-0276, on behalf of the Citizen's Utility Board Of Illinois, concerning the determination of capacity available from existing generating units. 22. In re- Jersey Central Power & bight Companx, New Jersey Board of Public Utilities, Docket No. EE88-121293, on behalf of the State of New Jersey Department of the Public Advocate, concerning evaluation of transmission planning. 23. In ree Canal F,leeb is Comp nX, before the Federal Energy Regulatory Commission, Docket No. ER90-245-000, on behalf of the Municipal Light Department of the Town of Belmont, Massachusetts, concerning the reasonableness of Seabrook Unit No. 1 Operating and Maintenance expense. City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 5 of 10 Proceedings in Which Peter I Lanzalotta Na% Testified 1 24. In re• New Hampshire Electric Cooperative Rate Plan _PrOjImal, before 2 the New Hampshire Public Utilities Commission, Docket No. DR90-078, on 3 behalf of the New Hampshire Electric Cooperative, concerning contract 4 valuation. 5 6 25. In re! Connecticut I.ig_ht & Power Company, before the Connecticut 7 Department of Public Utility Control, Docket No. 90-04-14, on behalf of a 8 group of Qualifying Facilities concerning O&M expenses payable by the QFs. 9 10 26. In re! Duke Power Company, before the South Carolina Public Service 11 Commission, Docket No. 91-216-E, on behalf of the State of South Carolina 12 Department of Consumer Advocate, concerning System Planning, Rate 13 Design and Nuclear Decommissioning Fund issues. 14 15 27. In re!• jersey Central Power & I Aght Compan , before the Federal Energy 16 Regulatory Commission, Docket No. ER91-480-000, on behalf of the 17 Boroughs of Butler, Madison, Lavallette, Pemberton and Seaside Heights, 18 concerning the appropriateness of a separate rate class for a large wholesale 19 customer. 20 21 28. Tn r�Polomac Electric Power_Comnany, before the Public Service 22 Commission of the District of Columbia, Formal Case No. 912, on behalf of 23 the Staff of the Public Service Commission of the District of Columbia, 24 concerning the Application of PEPCO for an increase in retail rates for the 25 sale of electric energy. 26 27 29. Commonwealth of Pennsylvania. oce of Representatives, General 28 Assembly House Bill No. 2273. Oral testimony before the Committee on 29 Conservation, concerning proposed Electromagnetic Field Exposure 30 Avoidance Act. 31 r t City of Vernon, California Docket No. ER02 Exhibit No. V-3 Page 6 of 10 Proceedings in Which Peter J. Lanzalotta Hnc Testified 1 30. In re! Hearings nn the 1990 Onfigrin BLydra De mand\Snppl an, before 2 the Ontario Environmental Assessment Board, concerning Ontario Hydro's 3 System Reliability Planning and Transmission Planning. 4 5 31. In re! Mani Electric Company., Docket No. 7000, before the Public 6 Utilities Commission of the State of Hawaii, on behalf of the Division of 7 Consumer Advocacy, concerning MECO's generation system, fuel and 8 purchased power expense, depreciation, plant additions and retirements, 9 contributions and advances. 10 11 32. In ree Hawaiian F,lectric Campy, Inc... Docket No. 7256, before the 12 Public Utilities Commission of the State of Hawaii, on behalf of the Division 13 of Consumer Advocacy, concerning need for, design of, and routing of 14 proposed transmission facilities. 15 16 33. In re- Cnmmnnwealth Edison Company, Docket No. 94-0065 before the 17 Illinois Commerce Commission on behalf of the City of Chicago, concerning 18 the capacity needed for system reliability. 19 20 34. In re• Cnmmnnwealth Edison Company, Docket No. 93-0216 before the 21 Illinois Commerce Commission on behalf of the Citizens for Responsible 22 Electric Power, concerning the need for proposed 138 kV transmission and 23 substation facilities. 24 25 35. In re! Cnmmnnwealth Vdicnn Company' Docket No. 92-0221 before the 26 Illinois Commerce Commission on behalf of the Friends of Illinois Prairie 27 Path, concerning the need for proposed 138 kV transmission and substation 28 facilities. 29 30 36. In re! Cnmmnnwealth F,dicnn Company,; Docket No. 94-0179 before the 31 Illinois Commerce Commission on behalf of the Friends of Sugar Ridge, 32 concerning the need for proposed 138 kV transmission and substation City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 7 of 10 Proceedings in Which Peter I Lanzalotta Has Testified l facilities. 2 3 37. In re! Pnhlic Service Comlianv of Colorado, Docket Nos. 95A-531EG and 4 95I-464E before the Colorado Public Utilities Commission on behalf of the 5 Office of Consumer Counsel, concerning a proposed merger with 6 Southwestern Public Service Company and a proposed performance -based 7 : rate -making plan. 8 9 38. In reeve South Cnrnlinn Flectrie R Gas C amlIany,, nuke Power Company. 10 and Carolina Power & Light Comte, Docket No. 95-1192-E, before the 11 South Carolina Public Service Commission on behalf of the South Carolina 12 Department of Consumer Advocate, concerning avoided cost rates payable to 13 qualifying facilities. 14 15 39. In re! I aiyrence A Raker v Truckee Donner Public Tltility Dim= 16 Case No. 55899, before the Superior Court of the State of California on 17 behalf of Truckee Donner Public Utility District, concerning the 18 reasonableness of electric rates. T 20 40. In re! Black Hills Power & Light Com,pany, Docket No. OA96-75-000, 21 before the Federal Energy Regulatory Commission on behalf of the City of 22 Gillette, Wyoming, concerning the Black Hills' proposed open access 23 transmission tariff. 24 25 41. 26 Cnm ap nv for Approvals of the Restructuring Plan Under Section 2806, 27 Docket Nos. R-00974008 and R-00974009 before the Pennsylvania PUC on 28 behalf of Operating NUG Group, concerning miscellaneous restructuring 29 issues. 30 31 42. In re! New Iersey State Restructuring Proceeding for consideration of 32 proposals for retail competition under BPU Docket Nos. EX94120585U; City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 8 of 10 Proceedings in Which Peter I Lanzalotta Has Testified 1 E097070457; E097070460; E097070463; E097070466 before the New 2 Jersey BPU on behalf of the New Jersey Division of Ratepayer Advocate, 3 concerning load balancing, third party settlements, and market power. 4 5 43. In rp• Arbitration Proceeding in City of hicagn v_ f'nmmnnwealth 6 Fdisnn for consideration of claims that franchise agreement has been 7 breached, Proceeding No. 51Y-114-350-96 before an arbitration panel board 8 on behalf of the City of Chicago concerning electric system reliability. 9 10 44. In rp• Transalta ITtilities f'nrnnration, Application No. RE 95081 on 11 behalf of the ACD companies, before the Alberta. Energy And Utilities Board 12 in reference to the use and value of interruptible capacity. 13 14 45. In re! Consolidated F,disnn Company, Docket No. EL99-58-000 on behalf 15 of The Village of Freeport, New York, before FERC in reference to remedies 16 for a breach of contract to provide firm transmission service on a non- 17 discriminatory basis. 18 19 46. In rpe FSRI Alherta Ltd__ Application No. 990005 on behalf of the Firm 20 Customers, before the Alberta. Energy And Utilities Board concerning the 21 reasonableness of the cost of service plus management fee proposed for 1999 22 and 2000 by the transmission administrator. 23 24 47. In re! Roth Carolina Electric & Gas C omnany, Docket No. 2000-0170-E 25 on behalf of the South Carolina Department of Consumer Affairs before the 26 Public Service Commission of South Carolina concerning an application for a 27 Certificate of Environmental Compatibility and Public Convenience and 28 Necessity for new and repowered generating units at the Urquhart generating 29 station. 30 31 48 In re! RGF, Case No. 8837 on behalf of the Maryland Office of People's 32 Counsel before the Maryland Public Service Commission concerning City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 9 of 10 Proceedings in Which Peter I Lanzalotta l proposed electric line extension charges. 2 3 49. In re- PEPCO, Case No. 8844 on behalf of the Maryland Office of People's 4 Counsel before the Maryland Public Service Commission concerning 5 proposed electric line extension charges. 6 7 50. In re- GmPnwer Andercnn LI.C- Docket No. 2001-78-E on behalf of the 8 South Carolina Department of Consumer Affairs before the Public Service 9 Commission of South Carolina concerning an application for a Certificate of 10 Environmental Compatibility and Public Convenience and Necessity for new 11 generating units at the GenPower Anderson LLC generating station. 12 13 51. In re• Pike County_ight & Power Cmm1pane , Docket No. P-00011872, on 14 behalf of Pennsylvania Office of Consumer Advocate before the Pennsylvania 15 Public Utility Commission concerning the Pike County request for a retail rate 16 cap exception. 17 18 52. In re! Pntamac Electric Power Company and_ .one-e ix, Case No. 8890, 19 on behalf of the Maryland Office of People's Counsel before the Maryland 20 Public Service Commission concerning the proposed merger of Potomac 21 Electric Power Company and Conectiv. 22 23 53. In re! Smith Cnrnlina Electric & (Tac C.mmpanocket No. 2001-420-E 24 on behalf of the South Carolina Department of Consumer Affairs before the 25 Public Service Commission of South Carolina concerning an application for a 26 Certificate of Environmental Compatibility and Public Convenience and 27 Necessity for new generating units at the Jasper County generating station. 28 29 54. In ref Connecticut Light & Power Company. ocket No. 217 on behalf of 30 the Towns of Bethel, Redding, Weston, and Wilton, Connecticut before the 31 Connecticut Siting Council concerning an application for a Certificate of 32 Environmental Compatibility and Public Need for a new transmission line City of Vernon, California Docket No. ER02- Exhibit No. V-3 Page 10 of 10 Proceedings in Which Peter I Lanzalotta Hag Te%tified l facility between Plumtree Substation, Bethel and Norwalk Substation, 2 Norwalk. 3 4 City of Vernon, Califomia Docket No. ER02- Exhibit No. V-4 A B C D E F G 1 CITY OF VERNON 2 TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT (TRBAA) 3 4 5 IDESCRIPTION TOTAL 6 7 Balance in TRBA on December 31, 2001 $42,340 8 including interest 9 10 Forecast Wheeling Revenues ($432,883) 11 12 Forecast Usage/Congestion Revenues ($30,153) 13 14 1 Receipt of Prior Year Transmission Credits from ISO ($107,891) 15 16 TRBAA ($528,587) 17 18 19 20 Source 21 Line 7 Line 52, V - 5 22 Line 10 Line 17, V - 6 23 Line 12 Line 17, V - 6 24 Line 14 Line 50, V - 5 25 TRBAA02 Exh Fin 4-10 TRBA 5 22 02 c �m N m�nv m rm � o mnm aND �'o�nmm N tWq vv tnn � m O. r� Om r' o w o w e�ad ip v N vD 1D m aD ui N ai n mCp �CD O N mm N o r m m iri K� aD N O 'o � CU ® m� m aD ' N 0 N 1� - n W N m o Z U m N m m W® m f0 m N m d m M N m m N w w W m m w N w N N W O N N M w O r n r 0 N p w w w w rw `wH W m CD N W O N pp CO r MCw N CD srw�C E -® (V N I-- �[) Nw m n O m O N MCDN m 1n N N m m O N N V ppNn (O w CD - N Cp N m N OmN- n N cp m M aD ¢ �N M M w N N m R m E A 9UZ 'p O O M W V E $ C LD w w w w $ m r r `o _ �� LL ILL y LL jp QF M M m O N O M V m W N d) n r C Ol N M th m M m p N. n ® M M m O CmV IN tV ((�V/ fV � W N IDIn � W t, O O O CD 0Nm O (V n N � l�7 w N rw M - W r m W W CCVO� po M O O ow NOD N p M ��.0 N N W N m m In pp N Cp y E Sa O M Yo9 M m n � V I� m N a c N< 2 R 9,-: op I[l W we Y Q I WW 9 w gg N w N N n W mA infa OC @ n N o N O O O O O OOpp M ((pp O W V * W V q M M m M M N M N at W1A N C4 is pNN O WN N n m AW N M 8-1 n ro co 90 V t2 le Q m m O n W N < Vr iR Oft � ZZ_ m any a in m�ai N �nm �i —�U �o �N N 2i NCq M mc°D c3 w in w v m o aMD Q W pw n M Cp t0 r pw aD N CD7 Nm � co (D C� '� mN Cp tp('��1 pprN SO �p W m � ID pCj NmfV S U Z '7 mtb ,Q 4nD m C-4 wW N N � m W w faw Z �i �o v'i 95 8 m98 10 N H 10Cp m WOpOppp C� ow w Ow O Np aD W fA w N w op w OpD w w w N H n N N �o n g o $ � 10 y� c�, iv uNi- LL ~ c8 ¢ (OVp O C.nj m M W O w r M e�CCD §r, N t� W N 4pp7 m Mm- N w fV .M- O w S V l7y W n W N N m m m �O aD m (V N w M w �w 0)m 1f1 W ro m 8 mg� v 8 8$$ 8 8 8 8 r Q n tz n f` M N o Hai g CV m O w 0 0 www 0 O w O wCD0 O CD w W igg � tc�ti m �ow � M o m N mw m m to ro 0 C4 o 888 $$ 8 8 ODiww O o00 w 0 w o 'Ro w W w 0 w o N apMi pm w l L CoeN�Q N y j Mw mw m rob0 N g$8 $ $ W^ o w r t+� r; M Cp1Op m Ol (V r 1n o w S O ww O o w 0 w OD 0 w 0 w w w 4916 w #H a~ 0 c o 1R cLm Q w pcp of a m Q m 8 to tll o c c c o S cl ¢ t1 m �o c c N U (may g $ V �p OF @ 'E t w E LL o a c ' c 3c c C®' �'o a s o c mmq m mS q m s m gc 5� a co K m m C �Q 4 p m Ell 0L <8zxm v c t c $c a_- c m W. ¢'� w` w m 50)3 w w r N M< N m n C D W r I M m m W p NNN N M Y N N N m N NNN n m W O NM N l+f M M O MMM N �MM09QQO n m WW O N M V R'Q N mm OQR n pCC pp pp elff N ipN N m City of Vemon, California Docket No. ER02- Exhibit V-6 A I B I C D E 1 CITY OF VERNON 2 12 - MONTH FORECAST TRANSMISSION CREDITS 3 Effective 7/1 /02 4 5 6 Wheeling UsagelCongestion 7 Item Credits Credits 8 9 2001 Credits - Account 204 $0.00 ($23,936.31) 10 11 2001 Credits - Account 254 $0.00 ($6,217.14) 12 13 2001 Credits - Account 384 ($432,882.59) $0.00 14 15 2001 Credits- Total of Above ($432,882.59) ($30,153.45) 16 17 Projected Credits ($432,882.59) ($30,153.45) 18 19 20 TRCRDT02 Exh Fin 4-10 TRBA 5 22 02 I V Y yQ N II "too 2s V W IL C O C Z u 000 U I � I Ing on 111:11 SIR ............ �ooco�oeeeeesc�oeecsee¢cFrs.xecceseaeceecxesecaea�ses.r.:csec.... 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V! c9Vi Vl f9 V) 19 W O Q 99 02 C-O Comm Q 7C=Q E_ E$ W co Z r Nlh CIA cO I.. c00f�r���Nm �Cr �N c_v (ai •E N O • C� Z rrjW O Z k L W > v Op ci NtrnLi00)Cii NN0) N ti WrP•MNM r 0) 1wU3 M q1tO00P-0NNGONtMU')tM N to W CM CV W r 0)+0t00)01'- M 1, W r I r O (C) I (C) W L Oct tL Oct = 60 N r W d' Lf) M eF CA CO W CO N C IS US r v CO 60 6% 60. 69 6% 69 6/? E9 69 69, 4% 6R V), 0 d�c)cot- 0 co d W tf) CC) N r N V) r U. +y+ � �Sr— m 1 I v.^�i 1 L 1 1 r O ,a N mM O Cl! ��- r u s 4 ci o 606 6c.� 619, 6% 69 4% 69. 69 69 60. 69 69 69 :3 a N -a o cc O C V 0.— F O N c M O N M m tp O to tO M O vV 0 1 1 Cj N� Leim 1 1 1 1 Co0> O V Q W .. ., 1 a? U N .. N !LSv M., � C c 40 6% 6ei- 69 6i3 69 1 69 69 69 69 69 69 6c# 0 a) 4) 10 L L S 0 �Q> 1 t 0 T i m C C G Q G C� L CP��+O A0G.0 7. > C� O�GO �u.�QG�-�Qco0ZQ 000 a rNM�tnCCF1--colmlol—lcvl M� BCD I�GO r r W r 0 N N CM N N it CM r r r r r r r City of Vernon California Docket No. ER02- Exhibit No. V-10 A B C D E F ' G H 1 2 Transmission Credits Detail 3 4 Service Month Payment Due Invoice # Invoice Amount 204' 254' 384 5 6 Preliminary Invoice 7 8 Jan-01 Apr-01 14536 ($991,999.12) ($918.20) ($37.94) ($48,102.51) 9 Feb-01 May-01 101 Mar-01 Jun-01 15279 ($1,810,711.00) ($142.32) ($675.66) ($59,528.15) 11 Apr-01 Jun-01 15666 ($634,981.64) ($22,025.66) ($2,333.27) ($34,219.60) 12 Apr-01 Jul-01 15808 ($107,840.26) 13 May-01 Aug-01 15976 ($205,669.76) $0.00 $0.00 ($35,090.39) 14 Jun-01 Aug-01 16318 ($932,408.04) $0.001 $0.00 ($33,636.18) 15 Jul-01 Oct-01 168M ($804,920.47) ($262.50) ($5.10) ($54,592.37) 16 Aug-01 Nov-01 17168 ($728,357.84) ($585.60) ($47.28) ($59,658.91) 171 Sep-01 Dec-01 17418 ($700,787. ($36,954.12) 18 Oct-01 Jan-02 17638 ($562,869.40) ($3,054.36) ($11,593.92) 19 Nov-01 Feb-02 17864 ($768,115.37) ($9,806.59) 20 Dec-01 Mar-02 18241 ($567,273.39) ($3,773.58) 21 22 23 Adjustments 24 Jan-01 Apr-01 14735 $5,147.77 25 Feb-01 May-01 15111 ($2.03) ($63.53) ($51,190.99) 26 Mar-01 Jun-01 27 Apr-01 Jun-01 28 Apr-01 Jul-01 158M $91.90 29 May-01 Aug-01 30 Jun-01 Aug-01 31 Jun-01 Sep-01 16563 $23.95 32 JUI-01 Oct-01 33 Aug-01 Nov-01 34 Sep-01 Dec-01 35 Oct-01 Jan-02 36 Nov-01 Feb-02 18024 $1.10 37 Dec-01 Mar-02 38 39 40 Final Invoice Amounts 41 42 Service Month Pa meat Due 204` 254` 384 43 Jan-01 Apr-01 ($918.20) ($37.94) ($42,954.74) 44 Feb-01 May-01 ($2.03) ($53.53) ($51,190.99) 45 Mar-01 Jun-01 ($142.32) ($675.66) ($59,528.15) 46 Apr-01 Jun-01 ($22,025.66) ($2,333.27) ($34,127.70) 47 May-01 Aug-01 $0.00 $0.00 ($35,090.39 481 Jun-01 Aug-01 $0.00 $0.00 ($33,612.23) 49 Jul-01 Oct-01 ($262.50) ($5.10) ($54,592.37) 50 Aug-01 Nov-01 ($585.60) ($47.28) ($59,658.91) 51 Sep-01 Dec-01 $0.00 $0.00 ($36,954.12) 52 Oct-01 Jan-02 $0.00 ($3,054.36) ($11:593.92) 53 Nov-01 Feb-02 $0.00 $0.00 ($9,805.49) 54 Dec-01 Mar-02 $0.00 $0.00 1 M.773.58) 551 TOTAL ($23,936.31) ($6,217.14) ($432,882.59 56 57 1 Only revenues associated with Transmission ownership are included. FTR revenues are not included. 58 ISOINVOICES Exh Fin 4-10 TRBA 5 22 02 Transmission Owner Tariff (cont.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is S10,216,178. The TRBAA is a negative $528,587 for the 12-month period effective July 1, 2002. All of Vemon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff, approved by the Vernon City Council, and provided to the ISO. Authorized by City of Vernon Ordinmmce No. 9_Q4 Issued on: Resolutiam No._ Effective: July 1, 2002 First Revised Sheet No. 22 Sapeweding Ori&d Sheet No. 22 SUPPORTING DOCUMENTS May 29, 2002 TO: Bruce V. Malkenhorst, City Administrator FROM: Kenneth J. DeDario, Director of Utilities K.P-W` SUBJECT: Transmission Revenue Requirements On August 29, 2000 Council established the Transmission Revenue Requirement (TRR) associated with Vernon's high voltage transmission for the purpose of becoming a Participating Transmission Owner with the ISO. The TRR and Transmission Owner (TO) Tariff were approved by FERC on September 14, 2001. The TO Tariff requires the establishment of the new Transmission Revenue Balancing Account Adjustment (TRBAA). Mr. Peter Lanzalotta, an experienced FERC consultant with the firm of Lanzalotta & Associates LLC was retained to assist in preparing and recommending the TRBAA to be filed with FERC. The TRBAA will be recalculated annually consistent with the TO Tariff. I recommend approval of the TRBAA as recommended by Mr. Lanzalotta and which is fully explained in the attached testimony. I also recommend approval of the attached j Appendix I to the TO Tariff which implements the TRBAA. If you have any questions, please contact me. Thank you for your consideration. KJD:ah Attachments Transmission Owner Tariff (cont.) APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $10,216,178. The TRBAA is a negative $528,587 for the 12-month period effective July 1, 2002. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tanfl approved by the Vernon City Council, and provided to the ISO. Authorized by City of Vernon Ordinance No. 940 Issued on: Resolution No._ Effective: July 1, 2002 First Revised Sheet No. 22 Superseding Original Sheet No. 22 NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE AND TIME: Wednesday, June 5, 2002, at 5:00 p.m., or as soon thereafter as the matter may be heard PURPOSE: To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Information may be obtained by contacting the office of the City Clerk at the above address. The hearing may be continued or adjourned to a stated time and place without further notice. Dated: 3 „062 CE V. MALKENHOR T, City Administrato /City Clerk LANZALOTTA & ASSOCIATES LLC PUBLIC UTILITY CONSULTANTS 9762 POLISHED STONE COLUMBIA, MARYLAND 21046 Phone: (240) 456-0899 Facsimile: (240) 456-0898 E-Mail: petelam®lanzalotta.com PETERJ. LAIVZ LOTTA Principal May 22, 2002 To: Jorge Somoano City of Vernon, CA From: Peter J. Lanzalotta Re: Transmittal of Direct Testimony, Exhibits, and Original Affidavit in TRBAA FERC Proceeding Jorge: Enclosed is an unbound original of my prepared direct testimony, my notarized affidavit, my exhibits, and a front and back cover for use in the FERC proceeding to address Vernon's TRBAA. If you wish, I can modify the cover, prepare additional covers, or prepare complete bound copies. Please advise. Sincerely, Peter J. Lanzalotta NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE AND TIME: Wednesday, June 19, 2002, at 5:00 p.m., or as soon thereafter as the matter may be heard PURPOSE: To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Information may be obtained by contacting the office of the City Clerk at the above address. The hearing may be continued or adjourned to a stated time and place without further notice. Dated: June 6, 2002 BRUtt V. MALKENHORST, City Administrator/City C erk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Clerk of the City of Vernon do hereby certify that I did, on thee of LM� 2002, have posted one (1) copy of: NOTICE OF PUBLIC HEARING, to be held June 5, 2002, regarding the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment pursuant to Vernon's Transmission Owner Tariff. On the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. ') Date: 6/� � &) ". Gloria J. Or sco Chief Deputy City Clerk State of California ) ) ss County of Los Angeles) On �-L to ) ��Z before me, PaKwA �II�iSy1 Per onally appeared Gloria J. Orosco Personally known to me wee) to be the person (-s� whose name (4a-) is/tee- subscribed to the instrument and acknowledged to me that-1-te/she/tUey-executed the same in 4+i-s/her/t,h4e3x authorized capacity, and that by h-is/her/}h�T signaturelra) on the instrument the person( -Er), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal =ELA GIRflN _ Commission i# 1328374 Notary Public - California y Angeles na Cou JqPMyComm. E�ires Nov 4, 2005 W LAW Offlas LAWRENCE W. BIERLEIN MCCARTHY, SWEENEY & HARKAWAY, P.C. FACSIMILE DOUGLAS M. CANTER SUITE 600 (202) 393-5727 JOHN M. CUTLER, JR. ANDREW P. GOLDSTEIN 2175 K STREET, N.W. EMAIL STEVEN J. KALISH WASHINGTON, D. C. 20037 MSHOMSHPC.COM RICHARD D. LIEBERMAN CHANNING D. STROTHER, JR. (202) 393-5710 WEBSITE OF COUNSEL W Hm://W W.MSHPC.COM KAREN R. O'BRIEN May 31, 2002 BY HAND DELIVERY Mr. Donald J. Gelinas Associate Director Office of Markets, Tariffs and Rates Federal Energy Regulatory Commission Dockets, Room lA 888 First Street, N.E. Washington, D.C. 20426 Re: Fact -Finding Investigation of Potential Manipulation of Electric and Natural Gas Prices Docket No. PA02-2-000 Dear Mr. Gelinas: Herewith the City of Vernon, California ("Vernon"), submits its response to the May 21, 2002 requests for admission and requests for production of documents. Consistent with the instructions accompanying those requests, enclosed is one copy of this response. Consistent with those instructions, these responses are made under the accompanying affidavit of Kenneth J. DeDario, Vernon's Director of Utilities, which appears as the last page of the of responses. As stated in Vernon's previous responses in this docket, Vernon does not waive jurisdiction or other statutory rights by, gladly, responding to these Commission requests. Respectfully submitted, t Channing th*Jr. Attorney for City of Vernon, California Enclosure .-V UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Fact -Finding Investigation of Potential ) Manipulation of Electric and Natural Gas ) Docket No. PA02-2-000 Prices ) RESPONSES OF THE CITY OF VERNON, CALIFORNIA TO MAY 21, 2002 REQUESTS DIRECTED TO: MR. DONALD J. GELINAS ASSOCIATE DIRECTOR OFFICE OF MARKETS, TARIFFS AND RATES DATED: MAY 31, 2002 Y Request for Admission A. Admit or Deny: The company engaged in activities referred to as "wash," "round trip" or "sell/buyback" trading. This trading involves the sale of an electricity product to another company together with a simultaneous purchase of the same product at the same price. Response: Deny. B. If you so admit, provide transaction by transaction details for all such transactions your company engaged in, including, but not limited to, the following: 1. Indicate the methods and rationale used to arrive at the value or compensation of such transactions. 2. Indicate whether any such transactions were reported to Platt's, Bloomberg, or any organization that monitors, publishes or reports trading data (including bid -and -ask data) or publishes or reports prices or forward indices. 3. Identify all such transactions referred to in question 3 that were so published or reported, or were disseminated in any manner. 4. Identify all traders that participated in such transactions, by name and position within your company, if employed by you, or by name and affiliation if they were not or are not presently employed by your company. 5. Identify how such transactions were executed (e.g., whether an electronic platform was use to initiate the sale, with the buy transaction subsequently arranged through a broker or by telephone). 6. Describe all policies and procedures implemented to prevent future transactions of this type. Response: Not applicable. Prepared by: Jorge C. Somoano, Vernon Assistant Director of Resource Management Under Supervision of: Kenneth J. DeDario, Vernon Director of Utilities May 31, 2002 2 C II. Request for Production of Documents To the extent your company engaged in "wash," "round trip," or "sell/buyback" type transactions, provide the following documents: A. Provide copies of all communications or correspondence, including e-mail messages, instant messages, or telephone logs, between your company and any other company (including your affiliates or subsidiaries) that refer or relate to this activity. Response: Not applicable. B. Provide copies of all material, including, but not limited to, opinion letters, memoranda, communications (including a -mails and telephone logs), or reports, that address or discuss your company's knowledge of, awareness of, understanding of, or employment or use of any of any such transactions in the U.S. portion of the WSCC during the period 2000-2001. Response: Not applicable. Prepared by: Jorge C. Somoano, Vernon Assistant Director of Resource Management Under Supervision of: Kenneth J. DeDario, Vernon Director of Utilities May 31, 2002 3 FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA RESPONSE TO MAY 21, 2002 REQUEST OF COMMISSION UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Fact -Finding Investigation of Potential ) Manipulation of Electric and Natural ) Docket No. PA02-2-000 Gas Prices ) AFFIDAVIT OF VERNON DIRECTOR OF UTILITIES KENNETH J. DEDARIO AS TO VERNON RESPONSE TO MAY 21, 2002 REQUEST STATE OF CALIFORNIA SS. COUNTY OF LOS ANGELES Kenneth J. DeDario, being duly sworn, deposes, states, and certifies that he is the City of Vernon, California ("Vernon") Director of Utilities and that the foregoing Vernon response to the May 21, 2002 request in the above docket are true and accurate to the best of his knowledge, information, and belief formed, after a thorough investigation was diligently conducted, under his supervision and control, into the trading activities of Vernon employees and agents in the United States portion of the WSCC during the years 2000 and 2001, as to the subjects of those requests. Kenneth J. DeDario SUBSCRIBED AND SWORN TO before me, this Sc{"day of May 2002. NOTARY PUBLI in and for the State of California. My commission expires L_ sCCla NOTARIAL SEAL Z� LAWRENCE W. BIERLEIN DOUGLAS M. CANTER JOHN M. CUTLER, JR. ANDREW P. GOLDSTEIN STEVEN J. KALISH RICHARD D. LIEBERMAN CHANNING D. STROTHER, JR. OF COUNSEL KAREN R. O'BRIEN BY HAND DELIVERY Mr. Donald J. Gelinas Associate Director LAW OFFICES MCCARTHY, SWEENEY & HARKAWAY, P.C. FACSIMILE SURE 600 (202) 393-5721 2175 K STREET, N.W. E-MAIL WASHINGTON, D. C. 20037 MSHOMSHPC.COM (202) 393-5710 WEBsITE HTTP:#www.MSHPC.COM May 31, 2002 Office of Markets, Tariffs and Rates Federal Energy Regulatory Commission Dockets, Room IA 888 First Street, N.E. Washington, D.C. 20426 Re: Fact -Finding Investigation of Potential Manipulation of Electric and Natural Gas Prices Docket No. PA02-2-000 Dear Mr. Gelinas: It has come to our attention that there was a typo on page 14 of Vernon's original responses to the May 8, 2002 requests. Hopefully, the meaning of that portion of that response, because of its context, was clear. Nevertheless, I herewith provide a corrected page, along with a redline of the correction. Also herewith is the original of Mr. DeDario's affidavit for the original responses. This replaces the fax version provided earlier. Enclosures Respectfully submitted, y Channing . Strother, Jr. Attorney for City of Vernon, California ,✓ FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA RESPONSES TO MAY 8, 2002 REQUESTS OF COMMISSION UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Fact -Finding Investigation of Potential ) Manipulation of Electric and Natural ) Docket No. PA02-2-000 Gas Prices ) AFFIDAVIT OF VERNON DIRECTOR OF UTILITIES KENNETH J. DEDARIO AS TO VERNON RESPONSES TO MAY 8, 2002 REQUESTS STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES Kenneth J. DeDario, being duly sworn, deposes, states, and certifies that he is the City of Vernon, California ("Vernon") Director of Utilities and that the foregoing Vernon responses to the May 8, 2002 requests in the above docket are true and accurate to the best of his knowledge, information, and belief formed, after a thorough investigation was diligently conducted, under his supervision and control, into the trading activities of Vernon employees and agents in the United States portion of the WSCC during the years 2000 and 2001, as to the subjects of those requests. SUBSCRIBED AND SWORN TO before me, this 22d day of May 2002. NOTARY PUBLIC ---- in and for the State of California. My commission expires �iy,,a NOTARIAL SEAL SHARON L. JOHNSON Commission # 1225 '-' i z Notary Public - California Los Angeles County. MY Comm. Expires Jun 21, 2003 Kenneth J. DeDario FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA RESPONSES TO MAY 8, 2002 REQUESTS Vernon's investigation, however, did reveal that Vernon on a number of occasions in the hour ahead market, scheduled energy that was above its expected real time loads. Each of those instances is described in the separately bound narrative response to this Request No. K.2. All related documents are also provided. Vernon seeks confidential treatment for this response and the documents on the grounds that the information contained therein is commercially sensitive. The narrative and the documents are submitted herewith in a sealed envelop, appropriately designated as "privileged" pursuant to 18 C.F.R. § 388.112. Also, generators and entities with existing transmission contracts were able to increase generation or import during real time resulting in uninstructed imbalance energy. Vernon's investigation reveals that on a number of occasions Vernon had excess uninstructed energy as a result of real time activities. These instances cannot fall within the definition of "inc-ing load" because introduction of this energy in real time involved no reference to projected or actual loads by Vernon to the Cal ISO, and the Enron "inc-ing" strategy appears to refer solely to overstating load. Because these real time activities do not affect load schedules, they were not set out individually in this response. Vernon's investigation also reveals that on certain occasions in the day ahead market Vernon scheduled energy above Vernon's expected real time load, beyond an amount needed to avoid real time short falls. Vernon considers these instances to be far removed from the "inc-ing load" strategy referred to in the Enron memos. These day ahead schedules of load that exceeded the actual load did produce uninstructed imbalance energy. Out of an abundance of caution, and in order to be as responsive to the Commission's requests as possible, Vernon needs to look at each hour individually and requires more time to complete this part of its investigation. However, it should be noted that there were substantial number of days during 2001 when Vernon's day ahead schedule was higher than Vernon desired. This was not caused by any Vernon desire to have excess uninstructed imbalance energy, especially when the ISO was not creditworthy. Rather Vernon was trying to minimize any short position with the Cal ISO since the cost for being short was very high and because the liquidity of the market diminished substantially with the termination of the CALPX. At times, Vernon found itself with commitments for excess energy that was difficult to sell especially during certain hours of the day. The end result was that due to prior committed purchases on a take or pay basis and the reduction of load during 2001, -14- FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA RESPONSES TO MAY 8, 2002 REQUESTS Vernon's investigation, however, did reveal that Vernon on a number of occasions in the hour ahead market, scheduled energy that was above its expected real time loads. Each of those instances is described in the separately bound narrative response to this Request No. K.2. All related documents are also provided. Vernon seeks confidential treatment for this response and the documents on the grounds that the information contained therein is commercially sensitive. The narrative and the documents are submitted herewith in a sealed envelop, appropriately designated as "privileged" pursuant to 18 C.F.R. § 388.112. Also, generators and entities with existing transmission contracts were able to increase generation or import during real time resulting in uninstructed imbalance energy. Vernon's investigation reveals that on a number of occasions Vernon had excess uninstructed energy as a result of real time activities. These instances cannot fall within the definition of "inc-ing load" because introduction of this energy in real time involved no reference to projected or actual loads by Vernon to the Cal ISO, and the Enron "inc-ing" strategy appears to refer solely to overstating load. Because these real time activities do not affect load schedules, they were not set out individually in this response. Vernon's investigation also reveals that on certain occasions in the day ahead market Vernon scheduled energy above Vernon's expected real time load, beyond an amount needed to avoid real time short falls. Vernon considers these instances to be far removed from the "inc-ing load" strategy referred to in the Enron memos. These day ahead schedules of load that exceeded the actual load did produce uninstructed imbalance energy. Out of an abundance of caution, and in order to be as responsive to the Commission's requests as possible, Vernon needs to look at each hour individually and requires more time to complete this part of its investigation. However, it should be noted that ' there were substantial number of days during 2001 when Vernon's day ahead schedule was higher than Vernon desired. This was not caused by any Vernon desire to have excess uninstructed imbalance energy, especially when the ISO was not creditworthy. Rather Vernon was trying to minimize any short position with the Cal ISO since the cost for being short was very high and because the liquidity of the market diminished substantially with the termination of the CALPX. At times, Vernon found itself with commitments for excess energy that was difficult to sell especially during certain hours of the day. The end result was that due to prior committed purchases on a take or pay basis and the reduction of load during 2001, -14- LAWRENCE W. BIERLEIN DOUGLAS M. CANTER JOHN M. CUTLER, JR. ANDREW P. GOLDSTEIN STEVEN J. KALISH Ie1CHARD D. LIEBERMAN CHANNING D. STROTHER, JR• OF COUNSEL KAREN A. O'BRIEN BY HAND DELIVERY Mr. Donald J. Gelinas Associate Director LAW OFFICES MCCARTHY, SWEENEY & I"HARKAWAY, P.C. FAcsIMILE SUITE 600 (202) 393-5721 2175 K STREET, N.W. E-MAIL WASHINGTON, D. C. 20037 MSHOMSHPC.COM (202) 393-5710 W�SSITE HTTP://W W W.MSHPC.COM May 31, 2002 Office of Markets, Tariffs and Rates Federal Energy Regulatory Commission Dockets, Room IA 888 First Street, N.E. Washington, D.C. 20426 Re: Fact -Finding Investigation of Potential Manipulation of Electric and Natural Gas Prices, Docket No. PA02-2-000 Dear Mr. Gelinas: Herewith the City of Vernon, California ("Vernon"), submits its supplemental response with respect to the May 8, 2002 request K.2. Consistent with the instructions accompanying the requests, enclosed is one copy of this response. Consistent with those instructions, this supplemental response is made under the accompanying affidavit of Kenneth J. DeDario, Vernon's Director of Utilities, which appears as the last page of the response. As stated in Vernon's previous responses in this docket, Vernon does not waive jurisdiction or other statutory rights by, gladly, responding to these Commission requests. Vernon seeks confidential treatment for the attachments to this supplemental response. Respectfully submitte l Channin trother, Jr. Attorney for City of Vernon, California Enclosure UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Fact -Finding Investigation of,Potential ) Manipulation of Electric and Natural Gas ) Docket No. PA02-2-000 Prices ) SUPPLEMENT TO RESPONSE OF THE CITY OF VERNON, CALIFORNIA TO MAY 8, 2002 REQUEST K.2 DIRECTED TO: MR. DONALD J. GELINAS ASSOCIATE DIRECTOR OFFICE OF MARKETS, TARIFFS AND RATES DATED: MAY 31, 2002 M FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA SUPPLEMENTAL RESPONSE TO MAY 8, 2002 REQUEST NO. K.2 K.2. If you so admit, provide a narrative description of each specific time in which the company engaged in such activity and provide complete details of those transactions, including the dates of the transactions, counter parties, prices and volumes bought or sold, corresponding schedules, and any congestion payments received. Also, provide all documents that refer to or relate to such activities. Supplemental Response: As Vernon stated in its original response to Request No. K.2, at the time that response was submitted, Vernon had not been able to complete the investigation mandated by the May 8, 2002 requests, as that investigation relates to Vernon activities in the day ahead market. Vernon diligently pursued completion of that investigation and is now able to complete its response to Request No. K.2 on the informed basis mandated by the requests. As Vernon previously responded, Vernon's investigation confirms that Vernon did not engage in any of the strategies described in the Enron memoranda. Out of an abundance of caution and without characterization of the particular activities as variants of "Inc-ing Load" or any other Enron strategy, Vernon provides the Commission with the attached information concerning certain Vernon schedules and uninstructed imbalance energy with the CA ISO. Vernon requests confidential treatment of these attachments and associated materials on the grounds that information contained therein is commercially sensitive and its disclosure would harm Vernon. As to some of the attached materials, Vernon may also be under a contractual obligation to protect against public disclosure. Consistent with 18 CFR §388.112 , Vernon has individually marked these materials with the logo "Contains Privileged Information —Do Not Release and provides them in a sealed envelope similarly marked. Prepared by: Jorge C. Somoano, Vernon Assistant Director of Resource Management Under Supervision of: Kenneth J. DeDario, Vernon Director of Utilities May 31, 2002 -1- FACT-FINDING INVESTIGATION OF POTENTIAL MANIPULATION OF ELECTRIC AND NATURAL GAS PRICES, DOCKET NO. PA02-2-000 CITY OF VERNON, CALIFORNIA SUPPLEMENTAL RESPONSE TO MAY 8, 2002 REQUESTS OF COMMISSION UNITED STATES OF AMERICA BEFORE THE FEDERAL ENERGY REGULATORY COMMISSION Fact -Finding Investigation of Potential ) Manipulation of Electric and Natural ) Docket No. PA02-2-000 Gas Prices ) AFFIDAVIT OF VERNON DIRECTOR OF UTILITIES KENNETH J. DEDARIO AS TO SUPPLEMENTAL VERNON RESPONSE TO MAY 8, 2002 REQUESTS STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) Kenneth J. DeDario, being duly sworn, deposes, states, and certifies that he is the City of Vernon, California ("Vernon") Director of Utilities and that the foregoing Vernon supplemental response to the May 8, 2002 requests in the above docket are true and accurate to the best of his knowledge, information, and belief formed, after a thorough investigation was diligently conducted, under his supervision and control, into the trading activities of Vernon employees and agents in the United States portion of the WSCC during the years 2000 and 2001, as to the subjects of those requests. J. Kenneth J. DeDario SUBSCRIBED AND SWORN TO before me, this tZ-4 day of May 2002. NOTARY PUBLICC___l in and for the State of California. My commission expires - zap NOTARIAL SEAL Contains Privileged Information —Do Not Release Confidential Narrative Portion of Vernon Supplement to Response to K.2 of May 8, 2002 Requests in Docket No. PA02-02 Vernon provides herewith a computer diskette containing Vernon's hourly uninstructed imbalance energy balances with the ISO for the 2000-2001 period. These data show that during the period in which the PX was in operation, January 1, 2000 through January 31, 2001, Vernon was a net purchaser of uninstructed imbalance energy but thereafter, February 1, 2001 through December 31, 2001, Vernon was a net seller of uninstructed imbalance energy. As a part of its investigation of the period January 1, 2000 through January 31, 2001, Vernon reviewed its daily schedules with the ISO to identify those hours in which its day ahead resource schedule exceeded its net load forecast by more than 10 MW. The 10 MW criteria was used because the FERC had ordered it for the initially approved, later disapproved, ISO underscheduling penalty (i.e., the greater of 5% or 10 MW). Vernon found that in approximately 1% of the hours in that 13-month period, its day ahead schedule exceeded its load forecast by more than 10 MW. This is shown for each hour in Attachment A. Due to the multiple transactions associated with the day ahead schedules, Vernon did not attempt to break out which supply may have been associated with the particular excess schedules. For example, in order to illustrate the difficulty, Attachment B provides the load forecast and resource schedules for HE 2000 on January 7, 2000. For the February 1 2001 through December 31, 2001 period, Vernon's investigation revealed that the demise of the PX, in combination with the fixed take -or - pay contracts entered into by Vernon, caused Vernon to be excess. The data for this period on the diskette provided herewith reflects these circumstances. May 31, 2002 rorcastea Date Hour Ending Load Losses Net Resources Net Long Position 1 /7/2000 2000 140 1.3 152 10.7 1 /7/2000 2100 137 1.3 152 13.7 1 /7/2000 2200 136 1.3 152 14.7 1 /17/2000 700 136 1.275 151 13.725 1 /26/2000 2000 149 1.3 162 11.7 1 /26/2000 2100 146 1.3 162' 14.7 2/18/2000 2100 137 ' 1.285 151` 12.715 2/18/2000 2200 136 1.285 151= 13.715 2/25/2000 2000 140 1.285 156 14.715 2/25/2000 2100 137 1.285 156 17.715 2/25/2000 2200 136 1.285 156 18:715 2/26/2000 2300 106 _ 0.7 118 11.3 2/26/2000 2400 104 0.7 118 13.3 3/23/2000 2000 142 1.225 159 15.775 3/23/2000 2100 138 1.225 159 19.775 3/29/2000 2100 138 1.975 150 - 10.025 3/29/2000 2200 137 1.975 150 11.025 4/3/2000 700 136 1 150 13 4/6/2000 2100 144 2.35 158 11.65 4/6/2000 2200 142 2.35 158 13.65 4/11 /2000 2000 146 1.25 160 12.75 4/11/2000 2100 144 1.25 160 14.75 4/11 /2000 2200 142 - 1.25 160`. 16.75 4/12/2000 2000 146 1.25 160 12.75 4/12/2000 2100 144 1.25 160 14.75 ` 4/12/2000 2200 142 1.25 160 16.75 4/13/2000 2000 146 1.25 160 12.75 4/13/2000 2100 144 - 1.25 160 14.75 4/13/2000 2200 142 1.25 160 16.75 5/8/2000 700 140 0.875 155 14.125 5/9/2000 1800 162 0.625 180 17.375 5/9/2000 1900 154 ` 0.625 175 20.375 5/9/2000 2000 152 0.625 170' 17.375 5/9/2000 2100 153 '' 0.625 170 16.375 5/9/2000 2200 151 0.625 170 18.375 6/2/2000 700 156 " 0.75 170 13.25 6/2/2000 800 168`_ 0.75 185 16.25 6/2/2000 900 175 - 0.75 190 14.25 6/2/2000 1000 182 0.75 195 > 12.25- 6/2/2000 1100 186 0.75 200 13.25 6/2/2000 1200 185 0.75` 200'= 14.25 6/2/2000 1300 184' 0.75 200' 15.25 6/2/2000 1400 183 0.75 200 16.25 6/2/2000 1500 177 0.75 192 14.25 6/2/2000 1600 170 0.75 185" 14.25 6/2/2000 1700 164 0.75 180 15.25 6/2/2000 1800 158 0.75 173 14.25 6/2/2000 1900 152 0.75 167 14.25 6/2/2000 2000 148 0.75 163 14.25 ATTACHMENT A CONTAINS PRIVILEGED INFORMATION --DO NOT RELEASE 6/2/2000 2100 145 0.75 160 14.25 6/2/2000 2200 142 0.75 157 14.25 7/1/2000 700 132 0.3 152 19.7 7/1/2000 800 135 0.3 152 16.7 7/1/2000 900 136 0.3 152 15.7 7/1/2000 1000 137 0.3 152 14.7 7/1/2000 1100 137 0.3 152 14.7 7/1/2000 1200 136 0.3 152 15.7 7/1/2000 1300 132 0.3 152 19.7 7/1/2000 1400 130 0.3 142 11.7 7/1/2000 1500 128 0.3 142 13.7 7/1/2000 1600 126 0.3 142 15.7 7/1/2000 1700 123 0.3 142 18.7 7/1/2000 1800 120 0.3 142 21.7 7/1/2000 1900 118 0.3 142 23.7 7/1/2000 2000 117 0.3 152 34.7 7/1/2000 2100 117 0.3 152 34.7 7/1/2000 2200 116 0.3 152 35.7 8/24/2000 600 148 0.25 175 26.75 8/24/2000 700 163 0.375 190 26.625 8/24/2000 2400 145 0.25 170 24.75 8/25/2000 600 143 0.25 170 26.75 8/25/2000 700 161 0.25 190 28.75 8/26/2000 400 124 0.25 135 10.75 8/26/2000 500 122 0.25 135 12.75 8/26/2000 600 120 0.25 135 14.75 8/26/2000 2300 107 0.25 130 22.75 8/26/2000 2400 106 0.25 130 23.75 8/29/2000 600 148 0.175 172 23.825 8/29/2000 700 163 0.3 187 23.7 9/5/2000 "Unable to reconstruct data for this date 10/19/2000 700 159 2.05 172 10.95 11/13/2000 100 105 0.925 137 31.075 11/13/2000 200 106 0.925 137 30.075 11/13/2000 300 107 0.925 137 29.075 11/13/2000 400 109 0.925 137 27.075 11/13/2000 500 115 0.925 137 21.075 11/13/2000 600 134 0.925 147 12.075 1 /26/2001 200 126.63 0.3 137 10.07 1 /26/2001 400 125.42 0.3 137 11.28 1 /26/2001 2400 125.23 0.3 137 11.47 1 /30/2001 300 126.05 0.3 137 10.65 1 /30/2001 400 124.17 0.3 137 12.53 1 /31 /2001 300 126.05 0.3 137 10.65 1 /31 /2001 400 124.17 0.3 137 12.53 Contains Privileged Information —Do Not Release Attachment B to Vernon May 31, 2002 Supplemental Response to May 8, 2002 Request No. K.2, FERC Docket No, PA02-02 January 7, 2000 HE 2000 Load forecast 140 MW (losses 1.3 MW) Supplier SCPPA APS AZUSA ECI PX (NET) AEP (1) AEP (2) AEP (3) TOTAL Resource 11 25 10 50 -10 25 25 16 152 From the above the forecasted long position for the hour was 10.7 MW. May 31, 2002 LAW OFFICES LAWRENCE W. BIERLEIN MCCARTHY, SWEENEY & HARKAWAY, P.C. FACSIMILE DOUGLAS M. CANTER SUITE 600 (202) 393-5721 JOHN M. CUTLER, JR. 2175 K STREET, N.W. E-MAIL ANDREW P. GOLDSTEIN STEVEN J. KALISH WASHINGTON, D. C. 20037 MSHOMSHPC.COM RICHARD D. LIEBERMAN (202) 393-5710 WEBSITE CHANNING D. STROTHER, JR. HTTP:/AMW W.MSHPC.COM OF COUNSEL KAREN R. O'BRIEN May 31, 2002 Martin H. Goyette, Esq. Deputy Attorney General State of California Department of Justice 1515 Clay Street, 20th Floor Oakland, CA 94612 NOTE: INCLUDES REQUEST TO HOLD RESPONSES IN CONFIDENCE Re: Fact -Finding Investigation of Potential Manipulation of Electric and Natural Gas Prices, FERC Docket No. PA02-2-000 Dear Mr. Goyette: Provided herewith are additional responsive material my client, the City of Vernon, California, submitted to the FERC by hand delivery today. As previously, portions of Vernon's responses provided herewith in a sealed envelope bearing the phrase "Contains Privileged Information —Do Not Release," were filed with the FERC in that manner, to be protected from disclosure pursuant to 18 C.F.R. § 388.112. We request the same level of confidential treatment and protection from disclosure at your office. These materials include commercially sensitive data the disclosure of which could harm Vernon's competitive interests. These materials may also contain commercially sensitive information that Vernon is contractually obligated to third parties to protect from disclosure. We understand your May 14, 2002 letter to be a commitment to protect such materials from disclosure. If our understanding is in error, or if we need to take any additional steps to ensure confidential treatment, please contact me right away, prior to opening the envelope containing the sealed materials. Martin H. Goyette, Esq. Deputy Attorney General State of California Department of Justice May 31, 2002 Page 2 Please also contact me with any other concerns. Sincerely, Channing D. Strother, Jr. Attorney for City of Vernon, California Enclosures (as stated above) cc: Eduardo Olivo, Esq., City Attorney, City of Vernon NOTICE OF PUBLIC HEARING The City of Vernon will conduct a Public Hearing which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE AND TIME: Wednesday, December 4, 2002, at 5:00 p.m., or as soon thereafter as the matter may be heard PURPOSE: To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff Any interested person may attend and may make an oral presentation to the City Council at the time of the hearing, or may present written comments prior to the hearing. If you challenge the approval of the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment or any provision thereof in court, you may limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Information may be obtained by contacting the office of the City Clerk at the above address. The hearing may be continued or adjourned to a stated time and place without further notice. Dated: November 27, 2002 BRUCE V. MALKENHORST, City Administrator/City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF VERNON ) I, Gloria J. Orosco, Chief Deputy City Clerk of the City of Vernon, do hereby certify that I did, on the 6th day of June, 2002, post three (3) copies of: NOTICE OF PUBLIC HEARING, to be held June 19, 2002, (see attached copy) regarding the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment pursuant to Vernon's Transmission Owner Tariff. One in each of the following place northwest corner of 38th Street and Santa Fe northeast corner of Leonis Boulevard and Pac on the bulletin board in the lobby of the Ci of Vernon, located at 4305 Santa Fe Avenue, there being no newspaper of general circulat published in the City of Vernon. Dated: June 10, 2002 GpDria J. Oroyco Chief Deputy City Clerk State of California ) )ss. County of Los Angeles ) 6'//7)1On11 2002, before me, ���u�C Notai4y Public, personally appeared Gloria J. Orosco, personally known to me -(oz knewn to rae en the basisef -,t, s f.,e ev elenee to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon which the person agted, executed the instrument. SS my hand and o ficial seal. MANUELACAR Commission 0 1328374 I Notary Public - California Los Angels County My Comm. Expims Nov 4, 2006 STATE OF CALIFORNIA. ) COUNTY OF LOS ANGELES) CITY OF VERNON ) AFFIDAVIT OF POSTING fx I, Gloria Molleda, Deputy City Clerk, of the City certify that I did, on thep-(IA of NO-V",/-2002, of: - - -,-Ijjy NOTICE OF PUBLIC HEARING - To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff. On the bulletin board in the lobby of the City Hall of the City of Vernon located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: U 12-0 1 OZ Gloria Molleda Deputy City Clerk State of California ) ) ss County of Los Angeles) On a� before me, j4dAye4 61MI Personally appeared Gloria Molleda Personally known to me -ev-i44viee) to be the person (z') whose name (sfi is/..tee subscribed to the within instrument and acknowledged to me that /she/my- executed the same in 1.4-e/her/t,r authorized capacity, and that by -1t---�s/her/-t4re� signature(.& on the instrument the person(a�, or the entity upon behalf of which the person(er acted, executed the instrument. W NESS my hand and official seal MAk7i1ELA G1RON Commission* 1328374J� z y, Notary Public - Califomia Los Angeles County omn. Expires Nov 4, AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON ) I, Sergio Canales, Engineering Aide, of the City of Vernon do hereby certify that I did, on the ,?A of MOV44W2002, post two (2) copies of: NOTICE OF PUBLIC HEARING - To consider evidence to establish Vernon's view Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission facilities and entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff. One in each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd. and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: /(' �7 D Z /U�4 ergio Canales Engineering Aide State of California ) ) ss County of Los Angels) On �� 3, ZbbZ before me, Ro"e�A 61m,, Personally appeared Sergio Canales Personally known to me (dawn-4e-��re cf gatisfartnry e-vi aere_ ) to be the person (set whose name (.9-) is/as-e subscribed to the instrument and acknowledged to me that he/;:he�thr executed the same in his/-t� authorized capacity, and that by his/ham/e-ice signature(-e-) on the instrument the person(&), or the entity upon behalf of which the person(4) acted, executed the instrument. WITLESS my hand and official seal MANUELA GIRON Commission # 1328374 Z :ocz Notary Public - California i Z Los Angeles County My Comm. Expires Nov 4, 2005