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Resolution No. 9240t s r f 1 RESOLUTION NO. 9240 2 3 A'RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RATE SCHEDULE NOS. G-2, G-3, G-4 4 AND G-5 REGARDING NATURAL GAS RATES TO BE CHARGED 5 FOR GAS DISTRIBUTED AND SUPPLIED BY THE CITY WITHIN ITS BOUNDARIES AND APPROVING AND ADOPTING AN 6 AMENDED FORM NATURAL GAS TRANSPORTATION AGREEMENT 7 8 WHEREAS, the City Council of the City of Vernon adopted 9 Ordinance No. 1122 on September 5, 2006, providing that rates to be 10 charged for natural gas distributed and supplied by the City within its 11 boundaries shall be set by resolution; and 12 WHEREAS, on October 6, 2006, the City Council of the City of 13 Vernon adopted Resolution No. 9134 approving, in part, Rate Schedule 14 Nos. G-CS, G-1, G-2, G-3, G-4 and G-5 as the City's natural gas rates 15 for natural gas service and approving a form Natural Gas Transportation 16 Agreement for use by the Vernon Gas Municipal Utility Department and 17 qualified customers taking service under Rate Schedule No. G-3; and 18 WHEREAS, the City of Vernon is currently purchasing natural 19 gas transmission service from the Southern California Gas Company 20 ("SoCalGas") under Wholesale Natural Gas Service Rate Schedule No. GW- 21 VRN permitted by the California Public Utilities Commission in Docket 22 Nos. 00-04-060, 05-12-044 and 01-12-018; and 23 WHEREAS, SoCalGas recently made annual rate adjustments and 24 reduced rates under Rate Schedule No. GW-VRN; and 25 WHEREAS, the City Council of the City of Vernon desires to 26 amend Rate Schedule Nos. G-3, G-4 and G-5 to pass the wholesale rate 27 reductions through to customers taking service under said Rate 28 Schedules and to amend Rate Schedule No. G-2 to provide for a second } t 1 tier to take advantage of rate adjustments by SoCalGas; and 2 WHEREAS, the proposed amended natural gas rates are to 3 effective on January 1, 2007; and 4 WHEREAS, the City Council of the City of Vernon held a public 5 hearing on February 20, 2007, to amend natural gas rates in Schedule 6 Nos. G-2, G-3, G-4 and G-5 and to amend the form Natural Gas 7 Transportation Agreement in accordance with the recommendations of the 8 Director of Light & Power; and 9 WHEREAS, the City Council has heard and considered all 10 evidence, both written and oral, presented in consideration of the 11 proposed amended Natural Gas Rate Schedules and amended form Natural 12 Gas Transportation Agreement. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 14 CITY OF VERNON AS FOLLOWS: 15 SECTION 1: The City Council of the City of Vernon hereby 16 finds and determines that the recitals contained hereinabove are true 17 and correct. 18 SECTION 2: The City Council of the City of Vernon further 19 finds that all persons have had the opportunity to be heard or to file 20 written comments to the proposed amended Natural Gas Rate Schedules 21 and amended form Natural Gas Transportation Agreement and after due 22 consideration of all the evidence submitted at the public hearing 23 determines that there are compelling reasons to justify the amended 24 Natural Gas Rate Schedules and amended form Natural Gas Transportation 25 Agreement. 26 SECTION 3: The City Council of the City of Vernon hereby 27 adopts the rates, terms and conditions set forth in amended Rate 28 Schedule Nos. G-2, G-3, G-4 and G-5 as the City's rates, terms and 2 - r i 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 conditions for the distribution of natural gas supplied by the City of Vernon to be effective January 1, 2007, copies of which are attached hereto as Exhibit A and incorporated by reference. SECTION 4: The City Council of the City of Vernon hereby approves and adopts the amended form Natural Gas Transportation Agreement attached hereto as Exhibit B and incorporated by reference, for use by the Vernon Gas Municipal Utility Department and qualified customers taking service under Rate Schedule G-3, with the intent that the same shall be a binding contract between the City and the customer upon acceptance by the Acting City Administrator, or his designee. SECTION 5: The City Council of the City of Vernon hereby authorizes and empowers the Acting City Administrator, or his designee, to execute individual copies of the amended form Natural Gas Transportation Agreement on an as -needed basis and to make whatever nonsubstantive and administrative changes, upon advice of counsel, to the amended form Natural Gas Transportation Agreement as is necessary to carry out the intent of this Resolution. Such additions, deletions and other changes therein as the Acting City Administrator, or his designee, executing the Agreement may approve, is conclusively evidenced by the execution and delivery of the Agreement. SECTION 6: Any provision contained in Resolution No. 9134 not consistent with or in conflict with this resolution are hereby repealed. In all other respects, Resolution No. 9134 shall remain in full force and effect. / / / - 3 - I E 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 SECTION 7: The Acting 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 20th day of February, 2007. TTEST: MANUELA GIRON Acting City Clerk HILARIO GONZAL S, Mayor Pro-Tem - 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 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9240, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, February 20 2007, and thereafter was duly signed by the Mayor Pro-Tem of the City of Vernon. (SEAL) 4� &�Oc ANUELA GIRON Acting City Clerk - 5 - EXHIBIT e CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-2 SMALL COMMERCIAL GAS SERVICE APPLICABILITY This schedule is for combined gas commodity and transportation service to small commercial customers using less than 250,000 Therms per year that have elected gas service through City of Vernon'& natural gas system. This schedule is also applicable to all other non-residential customers that have elected Core Service. RATES Monthly Service Charge: $50 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 4,187 Therms 15.000 (N) Tier II Over 4,187 Therms 10.000 (R) Commodity Charge: Commodity Charge is equal to the City's Weighted Average Cost of Gas calculated at the SoCalGas Border for gas purchased by the City for each month for customers purchasing gas from the City. Gas supply will consist of monthly index price gas, daily market priced gas, and long-term supply purchased for customers purchasing gas from the City. The Commodity Charge includes the cost of transporting the gas to the SoCalGas Border. From time -to -time, the Commodity Charge may include a Purchased Gas Adjustment that will be used to maintain a zero sum gain to COV for gas sales. Commodity Administrative Fee: 0.30 Cents per Therm SPECIAL NOTES 1. Customers purchasing Gas Commodity from City of Vernon shall provide an estimate of each month's consumption, days of operation, and a facility contact responsible for natural gas consuming equipment. Pagel of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , 2007, Effective l/l/07 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. In, the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 4. Gas purchased under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 5. In -Lieu of Tax and Franchise Fee. The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 6. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 2 of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , 2007, Effective l/l/07 CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-3 LARGE COMMERCIAL GAS TRANSPORTATION APPLICABILITY This schedule is for gas transportation service to large commercial customers using at least 250,000 Therms per year that have elected only gas transportation service through City of Vernon's natural gas system. Customers receiving service under this schedule must purchase commodity gas from a Third -Party Supplier other than City of Vernon. RATES Monthly Customer Charge: $300 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 20,833 Therms 12.061 (R) Tier II 20,834 — 83,333 Therms 5.840 (R) Tier III Over 83,333 Therms 4.472 (R) SPECIAL CONDITIONS 1. As a condition precedent to service under this schedule, a "Natural Gas Transportation Agreement" must be executed with City. The Transportation Agreement shall provide specific terms and conditions consistent with this schedule. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. Transportation of natural gas shall be consistent with SoCalGas Rule No. 30, "Transportation of Customer -Owned Gas," except where it conflicts with Vernon's rates and rules. Pagel of 3 City of Vernon Council Resolution 9134, Ordinance 1122; effective 10/6/06, First revision _, 2007. Effective 1/1/07. 4. Nomination procedures shall apply to gas transported and delivered to Customer by Vernon as follows. (a) All nominations shall be communicated to Vernon (or its designated agent) thirty (30) minutes prior to SoCalGas' deadlines. Communication shall be confirmed by email or facsimile. (b) All determinations by Vernon as to allocation points and/or maximum daily quantities related thereto or as to the procedures utilized for any allocation process, when made by Vernon, shall be final. (c) In the event of a declared Over -Nomination Event by SoCalGas, if any Customer is unable or unwilling to reduce its transportation nomination within the two (2) hour window allotted by SoCalGas and Customer's nominations exceed 110% of its gas usage, Customer may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination exceed 110%. (d) Winter Deliveries. During November through March, any Customer unable or unwilling to nominate and deliver volumes meeting the minimum requirement as specified by SoCalGas in its current applicable Rule 30, may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination and delivery fails to meet the minimum requirement as specified by SoCalGas in its current applicable Rule 30. 5. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 6. Monthly imbalances shall be resolved as follows. (a) Over -Deliveries. Vernon shall permit Customer to carry-over, to the following month, over -delivery volumes of up to 10% of Customer's consumption for the month in which the over -delivery occurred. Any Customer volumes carried over will be applied first to the following month's consumption. Any volumes of over -deliveries in excess of 10% of Customer's consumption shall be purchased by Vernon by crediting to the Customer an amount that is not less than the volume of over -deliveries times the SoCalGas Buy -Back Rate in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (b) Under -Deliveries. Vernon shall permit Customer to carry-over, to the following month, under -delivery volumes of up to 10% of Customer's consumption for the month in which the under -delivery occurred. Any volumes of under -deliveries up to 10% of Customer's consumption shall be applied to the following month's consumption. Any volumes of under -deliveries in excess of 10% of Customer's consumption shall be sold to Page 2 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision _, 2007. Effective 1/l/07. Customer by Vernon at a rate that is not more than the volume of under -deliveries times the SoCalGas Standby Procurement Charge in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (c) Imbalance Trading. Vernon has no program for trading of monthly imbalances amongst Vernon customers; however, Vernon, or Vernon's gas management agent, may, at its sole discretion, be willing to facilitate imbalance trading through SoCalGas consistent with Schedule G-IMB. As such, Vernon specifically does not imply an obligation to facilitate imbalance trading. (d) Stricter Provisions. Should SoCalGas impose additional, more restrictive, balancing provisions upon Vernon, the stricter provisions will be adopted and implemented by Vernon, as required by SoCalGas, and thereafter will apply to Customer. Such more restrictive balancing conditions may include the winter balancing rules contained in SoCalGas Rule 30. Customer shall be subject to changed balancing requirements at the time such balancing is imposed by SoCalGas upon Vernon, irrespective of prior written notice to Customer; however, Vernon will attempt to provide advance written notice to Customer. 7. Gas transported under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 8. In -Lieu of Tax and Franchise Fee: The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 9. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 3 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision _, 2007. Effective 1/l/07. CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G4 LARGE COMMERCIAL GAS COMMODITY APPLICABILITY This schedule is for combined gas commodity and transportation service to large commercial customers using at least 250,000 Therms per year that have elected gas service through City of Vernon's natural gas system. RATES Monthly Customer Charge: $300 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 20,833 Therms 12.061 (R) Tier II 20,834 — 83,333 Therms 5.840 (R) Tier III Over 83,333 Therms 4.472 (R) Commodity Charge: Commodity Charge is equal to the City's Weighted Average Cost of Gas calculated at the SoCalGas Border for gas purchased by the City for each month for customers purchasing gas from the City. Gas supply will consist mainly of index price gas, daily market priced gas, and long-term supply purchased for customers purchasing gas from the City. The Commodity Charge includes the cost of transporting the gas to the SoCalGas Border. From time -to -time, the Commodity Charge may include a Purchased Gas Adjustment that will be used to maintain a zero sum gain to COV for gas sales. Commodity Administrative Fee: Pagel of 2 0.30 cents per Therm City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , Effective 1/l/07. SPECIAL NOTES 1. Customers purchasing Gas Commodity from City of Vernon shall provide an estimate of each month's consumption, days of operation, and a facility contact responsible for natural gas consuming equipment. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 4. Gas purchased under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 5. In -Lieu of Tax and Franchise Fee. The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 6. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 2 of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , Effective 1/1/07. CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-5 ELECTRIC GENERATION GAS TRANSPORTATION APPLICABILITY This schedule is for gas transportation service to electric generation customers using at least 36,500,000 Therms per year (100,000 Therms per day) that have elected only gas transportation service through City of Vernon's natural gas system. Customers receiving service under this schedule must purchase commodity gas from a Third -Party Supplier other than City of Vernon Gas Department. RATES Monthly Customer Charge: $700 Monthly Transportation Charges: 4.026 Cents per Therm (R) SPECIAL CONDITIONS 1. As a condition precedent to service under this schedule, a "Natural Gas Transportation Agreement" must be executed with City. The Transportation Agreement shall provide specific terms and conditions consistent with this schedule. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. Transportation of natural gas shall be consistent with SoCalGas Rule No. 30, "Transportation of Customer -Owned Gas," except where it conflicts with Vernon's rates and rules. 4. Nomination procedures shall apply to gas transported and delivered to Customer by Vernon as follows. Page 1 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. Effective 1/l/07. (a) All nominations shall be communicated to Vernon (or its designated agent) thirty (30) minutes prior to SoCalGas' deadlines. Communication shall be confirmed by email or facsimile. (b) All determinations by Vernon as to allocation points and/or maximum daily quantities related thereto or as to the procedures utilized for any allocation process, when made by Vernon, shall be final. (c) In the event of a declared Over -Nomination Event by SoCalGas, if any Customer is unable or unwilling to reduce its transportation nomination within the two (2) hour window allotted by SoCalGas and Customer's nominations exceed 110% of its gas usage, Customer may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination exceed 110%. (d) Winter Deliveries. During November through March, any Customer unable or unwilling to nominate and deliver volumes meeting the minimum requirement as specified by SoCalGas in its current applicable Rule 30, may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination and delivery fails to meet the minimum requirement as specified by SoCalGas in its current applicable Rule 30. 5. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 6. Monthly imbalances shall be resolved as follows. (a) Over -Deliveries. Vernon shall permit Customer to carry-over, to the following month, over -delivery volumes of up to 10% of Customer's consumption for the month in which the over -delivery occurred. Any Customer volumes carried over will be applied first to the following month's consumption. Any volumes of over -deliveries in excess of 10% of Customer's consumption shall be purchased by Vernon by crediting to the Customer an amount that is not less -than the volume of over -deliveries times the SoCalGas Buy -Back Rate in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (b) Under -Deliveries. Vernon shall permit Customer to carry-over, to the following month, under -delivery volumes of up to 10% of Customer's consumption for the month in which the under -delivery occurred. Any volumes of under -deliveries up to 10% of Customer's consumption shall be applied to the following month's consumption. Any volumes of under -deliveries in excess of 10% of Customer's consumption shall be sold to Customer by Vernon at a rate that is not more than the volume of under -deliveries times the SoCalGas Standby Procurement Charge in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. Page 2 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. Effective 1/1/07. (c) Imbalance Trading. Vernon has no program for trading of monthly imbalances amongst Vernon customers; however, Vernon, or Vernon's gas management agent, may, at its sole discretion, be willing to facilitate imbalance trading through SoCalGas consistent with Schedule G-IMB. As such, Vernon specifically does not imply an obligation to facilitate imbalance trading. (d) Stricter Provisions. Should SoCalGas impose additional, more restrictive, balancing provisions upon Vernon, the stricter provisions will be adopted and implemented by Vernon, as required by SoCalGas, and thereafter will apply to Customer. Such more restrictive balancing conditions may include the winter balancing rules contained in SoCalGas Rule 30. Customer shall be subject to changed balancing requirements at the time such balancing is imposed by SoCalGas upon Vernon, irrespective of prior written notice to Customer; however, Vernon will attempt to provide advance written notice to Customer. 7. Gas transported under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 8. In -Lieu of Tax and Franchise Fee: The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 9. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 3 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. Effective 1/1/07. EXHIBIT CITY OF VERNON NATURAL GAS TRANSPORTATION AGREEMENT This Agreement is entered into this day of , , by and between the CITY OF VERNON, hereafter referred to as "Vernon" or "City" or "COV" and , a , hereafter referred to as "Customer." NOW THEREFORE, in consideration of the mutual undertakings set forth below, the parties agree as follows: SECTION 1 - TERM This Agreement shall be effective the latter of 1) when COV is first able to physically connect to and deliver natural gas service to Customer's facility, or 2) and may terminate not sooner than midnight on At the end of the initial term, this Agreement shall continue on a month to month basis unless terminated by 30 day written notice from one party to the other. This Agreement shall be subject to prior termination pursuant to (or consistent with) any final order of a federal, state or local government entity having jurisdiction over this arrangement or the parties herein by mutual agreement. Such termination shall not relieve either party of the obligation to discharge any financial obligations arising hereunder prior to or as a result of termination or to correct any then -existing gas imbalance between deliveries and receipts arising during the term hereof (to the extent not prohibited by such final order). SECTION 2 - RATES Customer requests and the City will provide gas service(s) in accordance with Schedule G-3 (Large Commercial Gas Transportation) and City gas rules and regulations. Customer has reviewed and inspected the applicable City rates, rules, and regulations for gas service(s) and agrees to comply therewith. This Agreement shall at all times be subject to the rules and regulations of the City of Vernon, which may be changed or modified by the City Council from time to time in the exercise of its jurisdiction. Page 1 of 6 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. Revised February 20, 2007 SECTION 3 - SCOPE The City of Vernon, or an authorized agent in service to Vernon, shall accept into the SoCalGas system Gas nominated on behalf of Customer. Customer gas shall be transported on SoCalGas using firm service under Vernon's wholesale transportation agreement with SoCalGas. The City shall use its own transmission and/or distribution system to provide delivery to Customer within the City of Vernon. The Gas delivered to the Customer will not necessarily be the Gas that the Third -Party Supplier delivered into SoCalGas for delivery to City of Vernon, but will be equivalent in value on a Btu basis. The terms and conditions of the transportation service to be provided by City to Customer shall be as set forth in the applicable rate schedules of the City of Vernon. Customer shall provide City its monthly and annual expected natural gas consumption, as well as its maximum daily consumption quantity, based on its currently -installed gas -burning equipment (Exhibit A, attached hereto). Customer shall revise these quantities whenever it experiences significant changes in its expected gas usage. SECTION 4 - FINANCIAL OBLIGATION A. Monthly Billing Statement. Each month on or before the twentieth (20th) day of the month Vernon shall send Customer an invoice for the net charges payable hereunder for the preceding month. Such charges shall be based upon this Agreement and the appropriate prevailing Vernon Rate Schedule. All net charges for gas delivered to Customer shall be billed to Customer at the billing address designated hereunder. B. Payment. Customer payments must be received no later than (20) days of receipt by customer. Failure to timely pay may result in immediate termination of gas service to Customer. Customer may, at City of Vernon's sole discretion, be charged a late charge on any delinquent or unpaid balance, according to the then prevailing Vernon Municipal Code applicable ordinances and/or resolutions. C. In -Lieu of Tax and Franchise Fee: The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. D. Adjustments. All gas quantities transported and/or delivered to Vernon under this Agreement shall be billed based on the best information available to Vernon at the time of billing, but shall be subject to adjustment based on subsequent adjustments. Page 2 of 6 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. Revised February 20, 2007 SECTION 5 - RELATED OBLIGATIONS A. Title/Indemnity. Customer warrants title to all gas delivered to Vernon on behalf of Customer. Customer shall indemnify and hold harmless Vernon, agents serving Vernon, and SoCalGas from and against any and all claims, actions, liabilities, taxes, royalties, liens, charges, damages or costs (including reasonable attorneys' fees for in-house or outside counsel) related to gas delivered or failed to be delivered to the allocation points which have been nominated and confirmed with Vernon and SoCalGas hereunder, and arising out of or on account of this Agreement in general, except for claims arising out of the gross negligence of Vernon. B. Replacement of Gas. Vernon shall have no obligation to notify Customer or to replace or substitute for Customer any quantities of gas not delivered to SoCalGas or accepted by SoCalGas in connection with this Agreement. C. Assignment of Rights and Obligations. The rights and obligations under this Agreement shall not be assigned by either party without the prior written consent of the other party, which consent may be withheld at the sole discretion of Vernon. D. Customer Responsibility. Vernon shall bill and Customer shall pay any costs incurred by Vernon because of any failure by third parties, acting as agents for Customer, to perform their obligations related to this Agreement (including reasonable attorneys' fees whether for in-house or outside counsel). Vernon shall bill and Customer shall pay any and all penalties, taxes, or other related or similar charges or fees incurred by Vernon or SoCalGas under an interstate or intrastate supplier contract as a result of this Agreement and accommodating transportation service shall be paid by the Customer. Under no circumstances shall Vernon be liable to any third -party producer, marketer, broker, or other supplier of gas under this Agreement for any portion of the purchase price for the Customer's natural gas supplies, including but not limited to the gas commodity, transportation, tariffs, taxes, fees, and surcharges. E. Regulatory. This Agreement, including but not limited to Vernon's Natural Gas Rates Schedules and Rules, are subject to revision and modification as a result of legislative or regulatory action, including CPUC and/or Federal Energy Regulatory Commission proceedings and orders. The rates and terms of firm transmission service on the SoCalGas system are now under review at the CPUC in Application No. A. 04-12-004 concerning the establishment of firm access rights (FARs) on the SoCalGas system. Should the CPUC create FARs on the SoCalGas system, Customer and the City of Vernon shall cooperate to ensure that the City of Vernon has access to the FARs that may be associated with the Customer's historical use of the SoCalGas system. Such cooperation may include the assignment of the Customer's FARs to the City of Vernon. F. Consequential Damages. Except as provided herein, neither party shall be assessed any special, punitive, consequential, incidental, or indirect damages, whether in contract or tort, for any actions or inactions related to this Agreement or the delivery or non -delivery of gas, curtailment or transportation thereof. Page 3 of 6 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. Revised February 20, 2007 SECTION 6 — NOTICES, BILLING, CUSTOMER CONTACT Any notice, request, demand, or statement provided for in this Agreement shall be in writing and shall be sent to the parties hereto at the following addresses, and shall be effective upon receipt: Notice, correspondence, and statements: Customer: Vernon: Attn: Office Phone Fax Operations and Nominations Contact Customer: Name Office phone Cell phone Fax Email Billing: Customer: Attn: Office Phone Fax Attn: Gas System Manager City of Vernon 4305 Santa Fe Avenue City of Vernon, CA 90058 Phone (323)583-8811 Fax (323) 587-7596 Vernon: (Same as above) SECTION 7 - JURISDICTION This Agreement shall be governed and construed in accordance with the laws of the State of California. Page 4 of 6 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. Revised February 20, 2007 SECTION 8 - CAPTIONS AND ORGANIZATION The various headings and numbers herein and the groupings of the provisions of this Agreement are for the purpose of convenience only and shall not be considered a part hereof, and shall have no effect on the construction or interpretation of any part of this Agreement. SECTION 9 - ENTIRE AGREEMENT This Agreement in conjunction with Vernon's Gas Rates and Rules set forth the entire understanding of the parties and supersedes any prior understandings or discussions (whether written or oral) and incorporated herein by reference all Vernon Municipal Codes, ordinances and resolutions existing or as amended from time to time. In the event of a conflict between this Agreement and Vernon's Gas Rates and Rules, the language of this Agreement shall prevail. This Agreement shall only be amended by an instrument in writing properly executed by both parties or as superseded by changes in the City of Vernon Municipal Code, resolutions, ordinances, or other applicable rules and regulations. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this agreement in duplicate originals. CUSTOMER: Customer Name Signed Printed Title CITY OF VERNON: Signed Printed Title Page 5 of 6 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. Revised February 20, 2007 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 22, 2007 TO: Donal O'Callaghan, Director of Light & Power FROM. Nelly Giron, Acting City Clerk RE: Resolution No. 9240 - A Resolution of the City Council of the City of Vernon Amending Rate Schedule Nos. G-2, G-3, G-4 and G-5 Regarding Natural Gas Rates to be Charged for Gas Distributed and Supplied by the City Within its Boundaries and Approving and Adopting an Amended Form Natural Gas Transportation Agreement Transmitted herewith is a signed copy of Resolution No. 9240, referenced above, which was approved by City Council on February 20, 2007. NG:dr c: Martha Valenzuela Resolution No. 9240 cc Juoy INTEROFFICE MEMORANDUM L1IS/-1 Light & Power Department DATE: February 8, 2007 TO: Eric Fresch, Acting City Administrator FROM: Donal O'Callaghan, Director of Light & Power SUBJECT: Natural Gas Tariff Changes (DES q 2y 0 The purpose of this memo is to recommend that COV reduce its large -customer natural gas transportation rates by the same amount COV's wholesale rate has recently been reduced by SoCalGas. Additionally, the G-2 rate structure for small commercial bundled service customers is recommended to be modified and lowered to make it more economically attractive. The fiscal impact is negligible to the original business plan submitted to you July 31, 2006. Effective January 1, 2007, SoCalGas lowered the wholesale gas transportation rate charged COV one-half cent per Therm. This was the result of various combined annual rate adjustments by SoCalGas. Similarly, SoCalGas reduced industrial customer rates as well. For a larger customer, such as Owens-Illinois, the average rate was reduced one cent per Therm, twice the reduction received by COV. The reason for the difference in reductions is surcharges paid by SoCalGas industrial customers that do not apply to COV's wholesale rate. Rate schedules affected, and the old and new proposed rates are attached. The G-2 rate applies to small "core" customers that take combined transportation and commodity service. The original COV G-2 rate is flat at $0.15 per Therm, while the SoCalGas rate is tiered, first higher than $0.15 then decreasing below $0.15 with larger volumes. The result, under COV's initially current rates, is that some potential customers would experience negative savings at higher volumes, a problem which is fixed here. The proposed, revised G-2 rates are set such that some customers eligible for these rates may be attracted to service from COV. Comparison of the old G-2 rate and new are also shown on the attachment. A minor correction to the language of the transportation agreement is also recommended. The term "maximum daily contract quantity" has been deleted from Section 3, and replaced with "maximum daily consumption quantity." In conjunction, a space to write in maximum daily consumption quantity has been added to Exhibit A of the transportation agreement. I recommend moving forward with this matter in order to continue to attract customers to our new gas system, and to reinforce the fact that we are operating the system for our customers benefit. Should you require any further information please do not hesitate to contact me. DO:rmt cc: L & P Document Control Attachment to City Council Memorandum dated February 8, 2007 Proposed COV Revised Natural Gas Rates Effective 1/1/07 Cents per Therm Rate Rate Class Old Change New G-1 Residential 25.000 0.000 25.000 G-2 Small Commercial Tier 1 15.000 0.000 15.000 Tier 2 ( > 4,167) 15.000 -5.000 10.000 G-3/G-4 Lg Com. Transport Tier 1 12.561 -0.500 12.061 Tier 2 6.340 -0.500 5.840 Tier 3 4.972 -0.500 4.472 G-5 Elec. Gen. Trans. 4.526 -0.500 4.026 GW-VRN Transmission 2.828 -0.072 2.756 ITCS 0.395 -0.428 -0.033 G-SRF (CPUC) 0.076 0.000 0.076 3.299 -0.500 2.799 CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-2 SMALL COMMERCIAL GAS SERVICE APPLICABILITY This schedule is for combined gas commodity and transportation service to small commercial customers using less than 250,000 Therms per year that have elected gas service through City of Vernon's natural gas system. This schedule is also applicable to all other non-residential customers that have elected Core Service. RATES Monthly Service Charge: $50 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 4,187 Therms 15.000 (N) Tier II Over 4,187 Therms 10.000 (R) Commodity Charge: Commodity Charge is equal to the City's Weighted Average Cost of Gas calculated at the SoCalGas Border for gas purchased by the City for each month for customers purchasing gas from the City. Gas supply will consist of monthly index price gas, daily market priced gas, and long-term supply purchased for customers purchasing gas from the City. The Commodity Charge includes the cost of transporting the gas to the SoCalGas Border. From time -to -time, the Commodity Charge may include a Purchased Gas Adjustment that will be used to maintain a zero sum gain to COV for gas sales. Commodity Administrative Fee: 0.30 Cents per Therm SPECIAL NOTES 1. Customers purchasing Gas Commodity from City of Vernon shall provide an estimate of each month's consumption, days of operation, and a facility contact responsible for natural gas consuming equipment. Page 1 of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , 2007, Effective l/1/07 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 4. Gas purchased under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 5. In -Lieu of Tax and Franchise Fee. The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 6. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 2 of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , 2007, Effective 1/1/07 CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-3 LARGE COMMERCIAL GAS TRANSPORTATION APPLICABILITY This schedule is for gas transportation service to large commercial customers using at least 250,000 Therms per year that have elected only gas transportation service through City of Vernon's natural gas system. Customers receiving service under this schedule must purchase commodity gas from a Third -Party Supplier other than City of Vernon. RATES Monthly Customer Charge: $300 Monthly Transportation Charges: Tier I 0 — 20,833 Therms Tier II 20,834 — 83,333 Therms Tier III Over 83,333 Therms SPECIAL CONDITIONS Rate, in Cents per Therm 12.061 (R) 5.840 (R) 4.472 (R) 1. As a condition precedent to service under this schedule, a "Natural Gas Transportation Agreement" must be executed with City. The Transportation Agreement shall provide specific terms and conditions consistent with this schedule. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service. All connection costs shall be paid by Customer. 3. Transportation of natural gas shall be consistent with SoCalGas Rule No. 30, "Transportation of Customer -Owned Gas," except where it conflicts with Vernon's rates and rules. Pagel of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision _, 2007. Effective 1/l/07. 4. Nomination procedures shall apply to gas transported and delivered to Customer by Vernon as follows. (a) All nominations shall be communicated to Vernon (or its designated agent) thirty (30) minutes prior to SoCalGas' deadlines. Communication shall be confirmed by email or facsimile. (b) All determinations by Vernon as to allocation points and/or maximum daily quantities related thereto or as to the procedures utilized for any allocation process, when made by Vernon, shall be final. (c) In the event of a declared Over -Nomination Event by SoCalGas, if any Customer is unable or unwilling to reduce its transportation nomination within the two (2) hour window allotted by SoCalGas and Customer's nominations exceed 110% of its gas usage, Customer may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination exceed 110%. (d) Winter Deliveries. During November through March, any Customer unable or unwilling to nominate and deliver volumes meeting the minimum requirement as specified by SoCalGas in its current applicable Rule 30, may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination and delivery fails to meet the minimum requirement as specified by SoCalGas in its current applicable Rule 30. 5. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 6. Monthly imbalances shall be resolved as follows. (a) Over -Deliveries. Vernon shall permit Customer to carry-over, to the following month, over -delivery volumes of up to 10% of Customer's consumption for the month in which the over -delivery occurred. Any Customer volumes carried over will be applied first to the following month's consumption. Any volumes of over -deliveries in excess of 10% of Customer's consumption shall be purchased by Vernon by crediting to the Customer an amount that is not less than the volume of over -deliveries times the SoCalGas Buy -Back Rate in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (b) Under -Deliveries. Vernon shall permit Customer to carry-over, to the following month, under -delivery volumes of up to 10% of Customer's consumption for the month in which the under -delivery occurred. Any volumes of under -deliveries up to 10% of Customer's consumption shall be applied to the following month's consumption. Any volumes of under -deliveries in excess of 10% of Customer's consumption shall be sold to Page 2 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision _, 2007. Effective 1/1/07. Customer by Vernon at a rate that is not more than the volume of under -deliveries times the SoCalGas Standby Procurement Charge in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (c) Imbalance Trading. Vernon has no program for trading of monthly imbalances amongst Vernon customers; however, Vernon, or Vernon's gas management agent, may, at its sole discretion, be willing to facilitate imbalance trading through SoCalGas consistent with Schedule G-IMB. As such, Vernon specifically does not imply an obligation to facilitate imbalance trading. (d) Stricter Provisions. Should SoCalGas impose additional, more restrictive, balancing provisions upon Vernon, the stricter provisions will be adopted and implemented by Vernon, as required by SoCalGas, and thereafter will apply to Customer. Such more restrictive balancing conditions may include the winter balancing rules contained in SoCalGas Rule 30. Customer shall be subject to changed balancing requirements at the time such balancing is imposed by SoCalGas upon Vernon, irrespective of prior written notice to Customer; however, Vernon will attempt to provide advance written notice to Customer. 7. Gas transported under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 8. In -Lieu of Tax and Franchise Fee: The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 9. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 3 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision _, 2007. Effective 1/l/07. CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-4 LARGE COMMERCIAL GAS COMMODITY APPLICABILITY This schedule is for combined gas commodity and transportation service to large commercial customers using at least 250,000 Therms per year that have elected gas service through City of Vernon's natural gas system. RATES Monthly Customer Charge: $300 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 20,833 Therms 12.061 (R) Tier II 20,834 — 83,333 Therms 5.840 (R) Tier III Over 83,333 Therms 4.472 (R) Commodity Charge: Commodity Charge is equal to the City's Weighted Average Cost of Gas calculated at the SoCalGas Border for gas purchased by the City for each month for customers purchasing gas from the City. Gas supply will consist mainly of index price gas, daily market priced gas, and long-term supply purchased for customers purchasing gas from the City. The Commodity Charge includes the cost of transporting the gas to the SoCalGas Border. From time -to -time, the Commodity Charge may include a Purchased Gas Adjustment that will be used to maintain a zero sum gain to COV for gas sales. Commodity Administrative Fee: Page 1 of 2 0.30 cents per Therm City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , Effective 1/1/07. SPECIAL NOTES 1. Customers purchasing Gas Commodity from City of Vernon shall provide an estimate of each month's consumption, days of operation, and a facility contact responsible for natural gas consuming equipment. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages caused by curtailment, discontinuance, or shut off of gas service. 4. Gas purchased under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. In -Lieu of Tax and Franchise Fee. The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 6. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 2 of 2 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06, First revision , Effective 1/l/07. CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-5 ELECTRIC GENERATION GAS TRANSPORTATION APPLICABILITY This schedule is for gas transportation service to electric generation customers using at least 36,500,000 Therms per year (100,000 Therms per day) that have elected only gas transportation service through City of Vernon's natural gas system. Customers receiving service under this schedule must purchase commodity gas from a Third -Party Supplier other than City of Vernon Gas Department. RATES Monthly Customer Charge: $700 Monthly Transportation Charges: 4.026 Cents per Therm (R) SPECIAL CONDITIONS 1. As a condition precedent to service under this schedule, a "Natural Gas Transportation Agreement" must be executed with City. The Transportation Agreement shall provide specific terms and conditions consistent with this schedule. 2. Costs for connection of Customer's facility to City's gas system, or modification otherwise, including the cost to install electronic meter reading equipment, are not covered under this Schedule, and shall be covered by an "Application and Contract for Natural Gas Service." All connection costs shall be paid by Customer. 3. Transportation of natural gas shall be consistent with SoCalGas Rule No. 30, "Transportation of Customer -Owned Gas," except where it conflicts with Vernon's rates and rules. 4. Nomination procedures shall apply to gas transported and delivered to Customer by Vernon as follows. Page 1 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. Effective i/l/07. (a) All nominations shall be communicated to Vernon (or its designated agent) thirty (30) minutes prior to SoCalGas' deadlines. Communication shall be confirmed by email or facsimile. (b) All determinations by Vernon as to allocation points and/or maximum daily quantities related thereto or as to the procedures utilized for any allocation process, when made by Vernon, shall be final. (c) In the event of a declared Over -Nomination Event by SoCalGas, if any Customer is unable or unwilling to reduce its transportation nomination within the two (2) hour window allotted by SoCalGas and Customer's nominations exceed 110% of its gas usage, Customer may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination exceed 110%. (d) Winter Deliveries. During November through March, any Customer unable or unwilling to nominate and deliver volumes meeting the minimum requirement as specified by SoCalGas in its current applicable Rule 30, may, at Vernon's sole discretion, be assessed a charge based on the rate per Therm that SoCalGas would charge customers whose nomination and delivery fails to meet the minimum requirement as specified by SoCalGas in its current applicable Rule 30. 5. In the event of curtailment, any Customer unable or unwilling to curtail shall be assessed penalty based on the rate per Therm that SoCalGas would charge customers whose volumes used are in violation of curtailment. The City shall not be liable for damages. caused by curtailment, discontinuance, or shut off of gas service. 6. Monthly imbalances shall be resolved as follows. (a) Over -Deliveries. Vernon shall permit Customer to carry-over, to the following month, over -delivery volumes of up to 10% of Customer's consumption for the month in which the over -delivery occurred. Any Customer volumes carried over will be applied first to the following month's consumption. Any volumes of over -deliveries in excess of 10% of Customer's consumption shall be purchased by Vernon by crediting to the Customer an amount that is not less than the volume of over -deliveries times the SoCalGas Buy -Back Rate in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. (b) Under -Deliveries. Vernon shall permit Customer to carry-over, to the following month, under -delivery volumes of up to 10% of Customer's consumption for the month in which the under -delivery occurred. Any volumes of under -deliveries up to 10% of Customer's consumption shall be applied to the following month's consumption. Any volumes of under -deliveries in excess of 10% of Customer's consumption shall be sold to Customer by Vernon at a rate that is not more than the volume of under -deliveries times the SoCalGas Standby Procurement Charge in SoCalGas Schedule G-IMB for the month in which the excess imbalance was incurred. Page 2 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. Effective 1/l/07. (c) Imbalance Trading. Vernon has no program for trading of monthly imbalances amongst Vernon customers; however, Vernon, or Vernon's gas management agent, may, at its sole discretion, be willing to facilitate imbalance trading through SoCalGas consistent with Schedule G-IMB. As such, Vernon specifically does not imply an obligation to facilitate imbalance trading. (d) Stricter Provisions. Should SoCalGas impose additional, more restrictive, balancing provisions upon Vernon, the stricter provisions will be adopted and implemented by Vernon, as required by SoCalGas, and thereafter will apply to Customer. Such more restrictive balancing conditions may include the winter balancing rules contained in SoCalGas Rule 30. Customer shall be subject to changed balancing requirements at the time such balancing is imposed by SoCalGas upon Vernon, irrespective of prior written notice to Customer; however, Vernon will attempt to provide advance written notice to Customer. 7. Gas transported under this schedule shall be used only by the Customer and such Gas may not be sold, transported, assigned, distributed, exchanged, or otherwise transferred to benefit another customer or provide non -municipal natural gas to any natural gas user, transporter, or consumer within the City. 8. In -Lieu of Tax and Franchise Fee: The base rates and charges have been increased by 3 percent to reflect payments in -lieu of tax and franchise payments. 9. Any additional transmission costs, taxes, fees, regulatory surcharges, and interstate or intrastate pipeline charges, incurred by City on behalf of Customer will be passed through to Customer at cost. Page 3 of 3 City of Vernon Council Resolution 9134, Ordinance 1122, effective 10/6/06. First revision xx/xx/07. 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O O O O V W y %C N 00 O O O O M O O O O 0 0 0 0 'O O O O O CC �O1 0 0 O C. O O O j 01 O V 00 V y '� dp V O ACAO AOWDm G O CO V W Gt w < O W V Cl) V Cr :� N �y O Co 0W000 N NO w CTOACO N. O Z N N N V a W N� b9� N S N y A EA 3 w 0 V O co EA (O OD N 0 W 00 O NONO W 0) [,a O 0 0 0 3 C. O O O o V O V O O V 0 3 to O O O y C. O O O O 0 O 0 0 N al O Cl O N W fo 69 w m o 0�0 o m 0 w O N W A C OOD 0 C. O O 0) i N -4 to j e O N V CD 1 � � S O N O O O O O B W C. w O 0 O oo w OD o W co A O N OI O N V C.- A GT-F3D vs. City of Vernon G-3 Usage Estimates: Therms per day 100,000 Therms per month +- Estimate of Average Monthly SoCalGas Charges GT-F3D Tiers Therms Rate Amount Subtotals $/Therm Tier 1 20,833 20,833 0.13829 $2,881.00 Tier 2 83,333 62,500 0.08414 $5,258.75 Tier 3 166,667 16,667 0.04950 $825.02 Tier 4 Above 0 0.02475 $0.00 Totals 100,000 $8,964.76 $8,964.76 0.08965 ITCS Surcharge 100,000 -0.00033 -$33.00 -$33.00 -0.00033 Total Transmission Charges $8,931.76 State Mandated Charges G-MSUR (Franchise)* 100,000 0.01070 $1,070.00 G-PPPS (CARE) 100,000 0.02732 $2,732.00 G-SRF (CPUC) 100,000 $0.00 0.03802 $3,802.00 $3,802.00 0.03802 Monthly Customer Charge $350.00 $350.00 0.00350 Total SoCalGas Monthly Charges $13,083.76 0.13084 Vernon's G-3 Transportation Rate G-3 Tiers Therms Rate Amount Tier 1 20,833 20,833 0.12061 $2,512.67 Tier 2 83,333 62,500 0.05840 $3,650.00 Tier 4 Above 16,667 0.04472 $745.35 Totals 100,000 $6,908.02 $6,908.02 0.06908 Monthly Customer Charge $300.00 $300.00 Total Vernon G-3 Monthly Charges $7,208.02 0.07208 Calculated Cost Difference $70,509 per Year $5,876 per Month $0.0588 per Therm 45% Less 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: Tuesday, February 20, 2007, at 10:00 a.m., or as soon thereafter as the matter may be heard PURPOSE: To amend gas rates for the City of Vernon and amend Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity) and G-5 (Electric Generation Gas Transportation) and amend form Natural Gas Transportation Agreement 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 amended gas rates and the amended Vernon's Gas Municipal Utilities Department Schedules G-2, G-3, G-4 and G-5 and amended form Natural Gas Transportation Agreement 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: February r7 , 2007 MANUELA G RON Acting City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) ss CITY OF VERNON } I, Manuela Giron, Acting City Clerk, of the City of Vernon do hereby certify that on the 7th day of February 2007, I did post three copies of the following: NOTICE OF PUBLIC HEARING - to amend gas rates for the City of Vernon and amend Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity), G-5 (Electric Generation Gas Transportation) and amend form Natural Gas Transportation Agreement. On each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; 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. -,, &;, s� Date: -7 /20 f vim-- Manuela Giron Acting City Clerk State of California ) ) ss County of Los Angels) On r �� 2bc3te before me, 6-50 I _ b Notary Pu ic, personally appeared Man la Giron personally known to me ( exi4e c.p) to be the person(-) whose name. s) is/ -awe subscribed to the instrument and acknowledged to me that-hre/she/ttrey executed the same in errs/her/t -r authorized capacity, and that by h4-S/her/t+rt&-ir signature(.H on the instrument the person(-s�, or the entity upon behalf of which the person(s) acted, executed the instrument. 0 wm„ WITNESS my hand and official seal NUALLO cardr ft 11660W c caan. ,yx 1�. �Ot 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: Tuesday, February 20, 2007, at 10:00 a.m., or as soon thereafter as the matter may be heard PURPOSE: To amend gas rates for the City of Vernon and amend Vernon's Gas Municipal Utilities Department Schedules G-2 (Small Commercial Gas Service), G-3 (Large Commercial Gas Transportation), G-4 (Large Commercial Gas Commodity) and G-5 (Electric Generation Gas Transportation) and amend form Natural Gas Transportation Agreement 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 amended gas rates and the amended Vernon's Gas Municipal Utilities Department Schedules G-2, G-3, G-4 and G-5 and amended form Natural Gas Transportation Agreement 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. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: February ( , 2007 MANUELA G RON Acting City Clerk