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Resolution No. 95501 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IW-A 19 20 21 22 23 24 25 0 27 RESOLUTION NO. 9550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING RATE SCHEDULE NOS. G-1, G-2, G-3, AND G-5 REGARDING NATURAL GAS RATES TO BE CHARGED FOR GAS DISTRIBUTED AND SUPPLIED BY THE CITY WITHIN ITS BOUNDARIES WHEREAS, the City Council of the City of Vernon adopted Ordinance No. 1122 on September 5, 2006, providing that rates to be charged for natural gas distributed and supplied by the City within its boundaries shall be set by resolution; and WHEREAS, from time to time -the City Council has by resolution established and amended certain rate schedules, rules for gas service and form agreements for natural gas users in the City; and WHEREAS, the City of Vernon is currently purchasing natural gas transmission service from the Southern California Gas Company ("SoCalGas") under Wholesale Natural Gas Service Rate Schedule No. GW- VRN permitted by the California Public Utilities Commission in Docket Nos. 00-04-060, 05-12-044 and 01-12-018; and WHEREAS, SoCalGas recently made annual rate adjustments and increased rates under Rate Schedule No. GW-VRN; and WHEREAS, the City Council of the City of Vernon desires to amend Rate Schedule Nos. G-1, G-2, G-3 and G-5 to pass the wholesale rate increases through to customers taking service under said Rate Schedules; and WHEREAS, the proposed amended natural gas rates are to effective on March 1, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: 1 SECTION 1: The City Council of the City of Vernon hereby 2 finds and determines that the recitals contained hereinabove are true 3 and correct. 4 SECTION 2: The City Council of the City of Vernon hereby 5 adopts the rates, terms and conditions set forth in amended Rate 6 Schedule Nos. G-1, G-2, G-3 and G-5 as the City's rates, terms and 7 conditions for the distribution of natural gas supplied by the City of 8 Vernon to be effective March 1, 2008, copies of which are attached 9 hereto as Exhibit A and incorporated by reference. 10 SECTION 3: Any resolution or parts of a resolution in 11 conflict with this resolution is hereby repealed. 12 SECTION 4: The City Clerk of the City of Vernon shall 13 certify to the passage of this resolution, and thereupon and 14 thereafter the same shall be in full force and effect. 15 APPROVED AND ADOPTED this 19th day of February, 2008. 16 17 Name: Leonis C. Malburg 18 19 Title: Mayor 20 ATT� ST: 21 22 M UELA GIROA-; C ty Clerk 23 24 25 26 27 28 2 - 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, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9550, 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 19, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) h4e,� /�� ANUELA GI N, City Clerk - 3 - EXHIBIT A CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-1 RESIDENTIAL GAS SERVICE APPLICABILITY This schedule applies to natural gas service to individually metered single family premises, including those separately metered in a multi -family complex, that have elected natural gas service from City of Vernon's natural gas distribution system. RATES Monthly Service Charge Transportation Charge: $10 25.071 Cents per Therm 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 maintain a zero sum gain to COV for gas sales. Commodity Administrative Fee: 0.300 Cents per Therm SPECIAL NOTES 1. Residential customers receiving natural gas service from the City of Vernon are not eligible for Schedule G-CARE (SoCalGas Rate), or any other SoCalGas rates or SoCalGas benefit programs. 2. Costs for connection of Customer's facility to City's gas system shall be shared between Customer and City. City shall pay connection costs from the City -owned gas line to Customer's property line. Customer shall pay costs from Customer's property line to the connection point with Customer's house line, including the cost for the meter and regulator. An "Application and Contract for Natural Gas Service" is required. Page 1 of 2 City of Vernon Council Resolution ASS 0 , effective March 1, 2008 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 15.071 Tier II Over 4,187 Therms 10.071 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 lffO , effective March 1, 2008 2. Costs for connection of Customer's facility to City's gas system shall be shared between Customer and City. City shall pay connection costs from the City -owned gas line to Customer's property line. Customer shall pay costs from Customer's property line to the connection point with Customer's house line, including the cost for the meter, regulator, and, if required by the City, an electronic corrector. An "Application and Contract for Natural Gas Service" is required. 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. 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 `-0, effective March 1, 2008 CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-3 LARGE COMMERCIAL GAS TRANSPORTATION APPLICABILITY This schedule is for City of Vernon gas transportation service to large commercial customers using at least 250,000 Therms per year. Customers receiving service under this schedule may purchase commodity gas from a Third -Party Supplier or may request to purchase commodity gas from City of Vernon under Schedule G-4. RATES Monthly Customer Charge: $300 Monthly Transportation Charges: Rate, in Cents per Therm Tier I 0 — 20,833 Therms 12.132 Tier II 20,834 — 83,333 Therms 5.911 Tier III Over 83,333 Therms 4.543 SPECIAL CONDITIONS, GENERAL. The following Special Condition is applicable to all customers, whether they receive transportation -only service or both transportation and commodity service. Costs for connection of Customer's facility to City's gas system shall be shared between Customer and City. City shall pay connection costs from the City -owned gas line to Customer's property line. Customer shall pay costs from Customer's property line to the connection point with Customer's house line, including the cost for the meter, regulator(s), and an electronic corrector. An "Application and Contract for Natural Gas Service" is required. SPECIAL CONDITIONS, TRANSPORTATION -ONLY SERVICE. The following Special Conditions are applicable to customers that receive transportation -only service. If customers receive commodity service from COV, the following Special Conditions do not apply and the Special Conditions in Schedule G-4 apply. Page 1 of 3 City of Vernon Council Resolution c0, effective March 1, 2008 2. 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. 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. (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 Page 2 of 3 City of Vernon Council Resolution q�^O, effective March 1, 2008 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. (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. 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 9S�c, effective March 1, 2008 CITY OF VERNON NATURAL GAS DEPARTMENT Schedule G-5 ELECTRIC GENERATION GAS TRANSPORTATION APPLICABILITY This schedule is for City of Vernon gas transportation service to electric generation customers using at least 36,500,000 Therms per year (100,000 Therms per day). Customers receiving service under this schedule may purchase commodity gas from a Third -Party Supplier or may request to purchase commodity gas from City of Vernon pursuant to Schedule G-4. RATES Monthly Customer Charge: $700 Monthly Transportation Charges: 4.097 Cents per Therm SPECIAL CONDITIONS, GENERAL. The following Special Condition is applicable to all customers, whether they receive transportation -only service or both transportation and commodity service. 1. Costs for connection of Customer's facility to City's gas system shall be shared between Customer and City. City shall pay connection costs from the City -owned gas line to Customer's property line. Customer shall pay costs from Customer's property line to the connection point with Customer's house line, including the cost for the meter, regulator(s), and an electronic corrector. An "Application and Contract for Natural Gas Service" is required. SPECIAL CONDITIONS, TRANSPORTATION -ONLY SERVICE. The following .Special Conditions are applicable to customers that receive transportation -only service. If customers receive commodity service from COV, the following Special Conditions do not apply and the Special Conditions in Schedule G-4 apply. 2. 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. Page 1 of 3 City of Vernon Council Resolution %O, effective March 1, 2008. 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 togas 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. Page 2 of 3 City of Vernon Council Resolution AIYa effective March 1, 2008. (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. (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. 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 (SSA, effective March 1, 2008. CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: March 4, 2008 TO: Donal O'Callaghan, Director of Light & Power FROM: Nelly Giron, City Clerk RE: esolution No. 9550 - A Resolution of the City Council of the City of Vernon Amending Rate Schedule Nos. G-1, G-2, G-3, and G-5 Regarding Natural Gas Rates to be Charged for Gas Distributed and Supplied by the City Within its Boundaries Transmitted herewith is a signed copy of Resolution No. 9550, referenced above, which was approved by City Council on February 19, 2008. NG:dr c: Resolution No. 9550