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Resolution No. 2011-170RESOLUTION NO. 2011-170 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A NEW TRANSMISSION REVENUE REQUIREMENT AND GROSS LOAD FOR 2012 IN ACCORDANCE WITH VERNON'S TRANSMISSION OWNER TARIFF AND PROVIDING FOR TARIFF SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City is a Participating Transmission Owner ("PTO") with the California Independent System Operator Corporation ("ISO"), and the Federal Energy Regulatory Commission ("FERC") has approved its existing Transmission Owner Tariff ("TO Tariff"); and WHEREAS, the ISO reimburses the City according to the City's current Transmission Revenue Requirement ("TRR") in return for the City turning over to the ISO the operation and control of the City's transmission entitlements; and WHEREAS, each PTO must include in its TO Tariff its Gross Load, which the ISO uses to calculate its grid -wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to , recover its full TRR; and WHEREAS, the City's transmission entitlements include rights under certain contracts (each an "ETC") including (i) an agreement with the City of Los Angeles Department of Water and Power entitled "Los Angeles -Vernon Adelanto-Victorville-Lugo Firm Transmission Service Agreement" (the "LAWDP ETC"); (ii) an agreement with Southern California Edison Company ("SCE") entitled "Amended and Restated Edison -Vernon Victorville-Lugo Firm Transmission Service Agreement" (the "SCE Victorville-Lugo ETC"); and (iii) an agreement with SCE entitled "Amended and Restated Edison -Vernon Mead Firm Transmission Services Agreement" (the "SCE Mead ETC"); and WHEREAS, the City's costs under the LADWP ETC, the SCE Victorville-Lugo ETC, and the SCE Mead ETC have traditionally been based upon a negotiated fixed "path -specific" rate charged by LADWP or SCE, based on the actual costs of the specific transmission lines made available under each ETC, multiplied by the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, on August 1, 2008, SCE filed a petition with FERC seeking to amend the pricing structure under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path -specific rates set forth in those ETCs with a "postage -stamp" rate which reflects the blended rate SCE charges to the ISO for the actual usage of all of SCE's transmission lines by customers of the ISO; and WHEREAS, the postage -stamp rate which SCE charges to the ISO is derived from SCE's TRR and, therefore, will change each time SCE amends its TRR; and WHEREAS, on September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE's proposed revisions under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path -specific rates set forth in those ETCs with a postage - stamp rate, and thus the City's costs under the SCE Victorville-Lugo ETC and the SCE Mead ETC will vary proportionately with any changes in SCE's TRR; and WHEREAS, the City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE - 2 - Mead ETC to replace the path -specific rates set forth in those ETCs with SCE's postage -stamp rate after a phase -in period that began on August 1, 2009, during which the City's path -specific rates in those ETCs are gradually stepped -up over three years (the "Phase -In Rates") until the path -specific rates are equal to SCE's postage -stamp rate as of January 1, 2013; and WHEREAS, under the SCE Settlement, the City's costs for the SCE Victorville-Lugo ETC and the SCE Mead ETC are equal to (i) from August 1, 2009, until December 31, 2012, the Phase -In Rates, and beginning on January 1, 2013, the SCE postage -stamp rate, in each case multiplied by (ii) the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC a 61,237 (2009), in FERC Docket Nos. ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001, EL09-19-000, and ER09-446-000 ("SCE Settlement Order"); and WHEREAS, on behalf of the City, the Brattle Group, an experienced utilities consulting firm, developed a tracking mechanism for the City's TRR ("TRR Tracking Mechanism") to allow the City's TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City's costs under the SCE Victorville-Lugo ETC and the SCE Mead ETC that change as a result of (i) the stepped -up rates implemented between August 1, 2009 and December 31, 2012; or (ii) any change in SCE's TRR on or after January 1, 2013; and WHEREAS, on the basis of The Brattle Group's analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC proposed revisions to its TO - 3 - Tariff proposing stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions"); and WHEREAS, the City also submitted in the July 15 FERC Filing a request to utilize an "ETC Adjustment Clause" to adjust automatically each year the costs the City incurs attributable to any changes in SCE's TRR associated with SCE's High Voltage Existing Contracts Access Charge ("HVECAC") rate; and WHEREAS, FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions and the City's proposed calculations of the TRR for years 2010 to 2012, and additionally approved the City's request to utilize an ETC Adjustment Clause to reflect annual projected changes to SCE's TRR, in an order issued September 11, 2009, 128 FERC 1 61,235 (2009), in FERC Docket No. EL09-64-000 ("TO Tariff Order"); and WHEREAS, under the TO Tariff Order, the City's TO Tariff revisions went into effect on August 1, 2009; and WHEREAS, the City is required under the TO Tariff Order to submit annual filings no later than November 1 of each year with FERC reflecting annual modifications to the base TRR; and WHEREAS, FERC has approved the TRR for 2011 as agreed to by the City and SCE under the SCE Settlement, and which will be implemented by the tariff sheet included as Appendix I of the amended TO Tariff, attached hereto as Exhibit A and made a part hereof; and WHEREAS, under the SCE Settlement, because the TRRs have been fixed in each of the years 2010 to 2012, the true -up amount between the City and SCE is zero with respect to these calendar years, and thus there are no changes associated with SCE's fixed TRR and no cost modification needs to be reflected under the ETC Adjustment Clause for - 4 - the 2012 TRR; and WHEREAS, pursuant to the TO Tariff Order, the approved new TRR number will take effect as of January 1, 2012; and WHEREAS the current Gross Load included in the City's TO Tariff is based on 2007 load data and the Light & Power Department calculates that Gross Load in 2010 was 1,181,728 MWh, substantially lower than in 2007; and WHEREAS, a Notice of Public Hearing was published on or before October 8, 2011, notifying all interested parties that a hearing to consider evidence to establish the City's new TRR and Gross Load was scheduled for October 18, 2011, at approximately 8:00 a.m., subject to the hearing being continued or adjourned to a stated time and place without further notice of public hearing; and WHEREAS, on October 18, 2011, the City Council held a Public Hearing in which the City Council took evidence from staff and those other persons in attendance who wished to be heard on the calculation of the City's new TRR and Gross Load under the City's amended TO Tariff; and WHEREAS, the Light & Power Department has prepared a Staff Report, dated October 5, 2011, with exhibits, a copy of which is attached hereto as Exhibit B and made a part hereof, which reiterates its previous conclusions that the TRR and ETC Adjustment Clause mechanism developed by The Brattle Group and approved by FERC under the amended TO Tariff are reasonable, and includes the 2012 Gross Load calculated by the Light & Power Department; and WHEREAS, the Light & Power Department has recommended the City adopt the TRR contained in the SCE Settlement and approved by FERC, to be effective on January 1, 2012; and - 5 - WHEREAS, the Light & Power Department has recommended the City adopt the 2012 Gross Load it has calculated based on 2010 test year data; and WHEREAS, the City Council has heard and considered all evidence, written and oral, presented in consideration of the establishment of the City's new TRR and Gross Load under the amended TO Tariff. 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 and correct. SECTION 2: The City Council of the City of Vernon hereby further finds and determines that all persons have had the opportunity to be heard or to file written comments to the proposed adoption of the City's TRR and Gross Load, and after due consideration of any and all evidence submitted at the Public Hearing, determines there are compelling reasons to justify the adoption of the City's TRR and Gross Load, to be effective January 1, 2012. SECTION 3: The City Council of the City of Vernon hereby declares that: (a) any determination made pursuant to this Resolution regarding the validity or reasonableness of any portion of any TRR, Gross Load, or TO Tariff shall apply only prospectively from the date of this Resolution; and (b) in no way shall this Resolution affect the City Council's adoption or determination of any previous TRR, Gross Load, or TO Tariff. - 6 - SECTION 4: The City Council of the City of Vernon hereby approves, pursuant to the TO Tariff and to be effective on January 1, 2012, the establishment of the City's new TRR, Gross Load, and Appendix I to the TO Tariff implementing the new TRR and Gross Load, as described in the Light & Power Staff Report dated on or about October 5, 2011. SECTION 5: The City Council of the City of Vernon hereby authorizes outside counsel to submit the City's TRR, Gross Load, the amended Appendix I to the Vernon TO Tariff and supporting documentation, such as the Staff Report, and this City Council Resolution approving the new TRR and Gross Load, to FERC on behalf of the City of Vernon. SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 18th day of October, 2011. �0, Name: Hilario Gonzales Title: Mayor / -Ma - - 7 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2011-170, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 18, 2011, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this fV day of October, 2011, at Vernon, California. (SEAL) Wi lard G. am u i ity Clerk - 8 - EXHIBIT A APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $1,346,520 and is comprised of the. following components: Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $848,040 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: $0 Interest on Difference between prior year Forecast and Actual SCE ETC Costs: $0 The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true -up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and filed with the Commission with a proposed effective date of January I of each year. The TRBAA is a negative $105,460 for calendar year 2012. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWh. 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 Tariff approved by the Vernon City Council, and provided to the ISO. EXHIBIT B CITY OF VERNON LIGHT AND POWER DEPARTMENT STAFF REPORT REGARDING THE ESTABLISHMENT OF A NEW TRANSMISSION REVENUE REQUIREMENT AND GROSS LOAD ASSOCIATED WITH VERNON'S HIGH VOLTAGE ENTITLEMENTS October 6, 2011 The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services. These calculations are known as Transmission Revenue Requirements ("TRRs"). The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') and TRR with the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all PTOs to file any changes in their TRRs with FERC. Each PTO must also include in its TO Tariff the Gross Load which the ISO uses to calculate its grid -wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to recover its full TRR. TRANSMISSION REVENUE REQUIREMENT At present, the City's high voltage transmission assets consist of three long- term contracts (known as "existing transmission contracts" or "ETCs") which provide the City with dedicated access to high voltage transmission facilities owned by other entities. Specifically, the City has contractual entitlements to utilize transmission assets pursuant to one long-term transmission contract with the Los Angeles Department of Water and Power ("LADWP"), and two long-term transmission contracts with Southern California Edison ("SCE"). The ETCs with SCE consist of one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) Staff Report TRR 2012 Page 2 of 4 providing 11 MW of transmission capacity along the path between the Victorville- Lugo midpoint and the point of interconnection with the City's internal transmission system (the "City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC Rate Schedule 207) providing 26 MW of transmission capacity along the path between the Mead 230 substation and the City Gate. The costs of these ETCs make up the majority of the costs recovered through the City's TRR. Until recently, for each of the ETCs, the City paid the owner of the transmission facilities a fixed rate which was specific to the transmission path provided under each ETC. On August 1, 2008, SCE proposed to increase its TRR and associated rates in FERC Docket No. ER08-1343-000. In a related filing submitted in FERC Docket No. ER08-1353-000, SCE proposed to transition both of its ETCs with Vernon from their current, fixed "path -specific" rates to a so-called "postage stamp" rate methodology which reflects the blended rate which SCE charges the ISO pursuant to its own TRRs for the actual usage of all of SCE's transmission facilities by customers of the ISO (the "HVECAC Rate"). The HVECAC Rate that SCE proposed in its TO Tariff is derived from SCE's TRR and, therefore, will change each time SCE amends its TRR. Ori September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE's proposed revisions to its TO Tariff to transition the negotiated path -specific rates set forth in the SCE Victorville-Lugo ETC and the SCE Mead ETC to the uniform HVECAC Rate, and thus the City's costs under those ETCs will vary proportionately with any changes in SCE's TRR. The City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to fully transition the path -specific rates set forth in those ETCs to SCE's HVECAC Rate after a phase -in period that began on August 1, 2009, during which the City's path -specific rates in Staff Report TRR 2012 Page 3 of 4 those ETCs will be gradually stepped -up under incrementally increasing fixed rates (the "Phase -In Rates") until the path -specific rates are equal to the HVECAC Rate as of January 1, 2013. FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC 161, 237 (2009), in FERC Docket Nos. ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001 EL09-19-000, and ER09-446-000 ("SCE Settlement Order"). On behalf of the City, The Brattle Group, an experienced utilities consulting firm, developed a TRR tracking mechanism clause for the City's TRR ("ETC Adjustment Clause"), which will allow the City's TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City's transmission expenses associated with any changes implemented by SCE in the HVECAC Rate associated with the SCE Victorville-Lugo ETC and the SCE Mead ETC. On the basis of The Brattle Group's analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC the proposed (i) revisions to its TO Tariff proposing the City's stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions") and (ii) the ETC Adjustment Clause tracking mechanism. The July 15 FERC Filing acknowledged that, to the extent that the SCE Settlement was accepted, because the stated Phase -In Rates would be fixed, the ETC Adjustment Clause for the term of the Phase -In Rates would be zero. FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions, the City's proposed calculations of the TRR for years 2010 to 2012, and the City's request to utilize an ETC Adjustment Clause, in an order issued September 11, 2009, 128 FERC 161,235 (2009), in FERC Docket No. EL09-64- 000 ("TO Tariff Order"). Specifically, for 2012, FERC approved a TRR of Staff Report TRR 2012 Page 4 of 4 $1,346,520. The City is required under the TO Tariff Order to submit annual filings no later than November 1 of each year with FERC reflecting annual modifications to the base TRR of the City. Because FERC approved the SCE Settlement, and the City's TRR is fixed for calendar year 2012, the ETC Adjustment Clause reflecting the amount required to true -up the TRR between the City and SCE is zero. GROSS LOAD Gross Load is the City's aggregate annual demand for electricity. The Light & Power Department calculates and projects Gross Load as part of Its normal operations. Since2008, the Gross Load stated in the City's TO Tariff has been 1,288,684 MWh, a figure based on the City's 2007 actual load data. The City's Gross Load has declined since 2007. In 2010, the City's Gross Load, as measured by ISO -certified revenue quality meters, was 1,181,728 MWh. This decline in Gross Load means that the City will not recover from the ISO the full amount of its TRR unless its stated TO Tariff Gross Load is revised to reflect the City's actual load. Staff recommends submitting an amended version of the City's Appendix I to its TO Tariff that states the City's Gross Load for 2012 at 1,181,728 MWh, in accordance with a 2010 test year (the data supporting the calculation of this figure is attached hereto as Exhibit 1. 1. Approve the establishment of the City's new TRR and Gross Load for 2012 and revised Appendix I to the TO Tariff. 2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause and Gross Load for 2012, the revised Appendix I to the TO Tariff, and this City Council Resolution approving the TRR, ETC Adjustment Clause, and Gross Load to FERC on behalf of the City of Vernon. EXHIBIT 1 A B C 1 2 3 CY 2010 ISO Metered Gross Load 4 Month MWh 6 1 Jan-10 95,336 7 Feb-10 88,506 8 Mar-10 100,405 9 Apr-10 97,925 10 May-10 98,876 11 Jun-10 101,007 12 Jul-10 102,440 131 Aug-10 104,225 14 Sep-10 99,614 15 Oct-10 102,071 16 Nov-10 97,575 17 Dec-10 93,747 18 1,181,728 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October'19, 2011 TO: Carlos Fandino, Director of Light & Power FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2011-170 — A Resolution of the City Council of the City of Vernon Adopting a New Transmission Revenue Requirement and Gross Load for 2012 in Accordance With Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment Transmitted herewith is a certified copy of Resolution No. 2011-170 referenced above, for your transmittal, which was approved by City Council on October 18, 2011. Please ensure that a copy of the transmittal communication is sent to my attention for the file. Thank you. WY:dj Enclosure c: Resolution No.2011-170 CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Willard Yamaguchi, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2011-170 - A Resolution of the City Council of the City of Vernon Adopting a New Transmission Revenue Requirement and Gross Load for 2012 in Accordance With Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment IN WITNESS WHEREOF, the official Seal of the State of California, on SEAL: I have hereunto set my hand and affixed City o Vernon, County of Los Angeles, this day of October 2011. RECEIVED RECEIVED1* OCT 06 2011 OCT 11 2011 CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT LIGHT & POWER j� , "v DATE: October 5, 2011 TO: Honorable Mayor and City Council FROM: CarlosR. Fandino, Jr. Q/W RE: Transmission Revenue Requirement and Gross Load Purpose: Detailed Staff Report is enclosed. Recommendation: 1. Approve the establishment of the City's new TRR and Gross Load for 2012 and revised Appendix I to the TO Tariff. 2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause and Gross Load for 2012, the revised Appendix I to the TO Tariff, and this City Council Resolution approving the TRR, ETC Adjustment Clause, and Gross Load to FERC on behalf of the City of Vernon. Staff would like this matter to be addressed on October 18, 2011 City Council meeting. Fiscal Impact: There is no known fiscal impact. CRF:ah Attachments 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 RESOLUTION NO. 30= A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A NEW TRANSMISSION REVENUE REQUIREMENT AND GROSS LOAD FOR 2012 IN ACCORDANCE WITH VERNON'S TRANSMISSION OWNER TARIFF AND PROVIDING FOR TARIFF SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City is a Participating Transmission Owner ("PTO") with the California Independent System Operator Corporation ("ISO"), and the Federal Energy Regulatory Commission ("FERC") has approved its existing Transmission Owner Tariff ("TO Tariff"); and WHEREAS, the ISO reimburses the City according to the City's current Transmission Revenue Requirement ("TRR") in return for the City turning over to the ISO the operation and control of the City's transmission entitlements; and WHEREAS, each PTO must include in its TO Tariff its Gross Load, which the ISO uses to calculate its grid -wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to recover its full TRR; and WHEREAS, the City's transmission entitlements include rights under certain contracts (each an "ETC") including (i) an agreement with the City of Los Angeles Department of Water and Power entitled "Los Angeles -Vernon Adelanto-Victorville-Lugo Firm Transmission Service Agreement" (the "LAWDP ETC"); (ii) an 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 agreement with Southern California Edison Company ("SCE") entitled "Amended and Restated Edison -Vernon Victorville-Lugo Firm Transmission Service Agreement" (the "SCE Victorville-Lugo ETC"); and (iii) an agreement with SCE entitled "Amended and Restated Edison -Vernon Mead Firm Transmission Services Agreement" (the "SCE Mead ETC"); and WHEREAS, the City's costs under the LADWP ETC, the SCE Victorville-Lugo ETC, and the SCE Mead ETC have traditionally been based upon a negotiated fixed "path -specific" rate charged by LADWP or SCE, based on the actual costs of the specific transmission lines made available under each ETC, multiplied by the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, on August 1, 2008, SCE filed a petition with FERC seeking to amend the pricing structure under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path -specific rates set forth in those ETCs with a "postage -stamp" rate which reflects the blended rate SCE charges to the ISO for the actual usage of all of SCE's transmission lines by customers of the ISO; and WHEREAS, the postage -stamp rate which SCE charges to the ISO is derived from SCE's TRR and, therefore, will change each time SCE amends its TRR; and WHEREAS, on September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE's proposed revisions under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path -specific rates set forth in those ETCs with a postage -stamp rate, and thus the City's costs under FA 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 the SCE Victorville-Lugo ETC and the SCE Mead ETC will vary proportionately with any changes in SCE's TRR; and WHEREAS, the City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the path -specific rates set forth in those ETCs with SCE's postage -stamp rate after a phase -in period that began on August 1, 2009, during which the City's path -specific rates in those ETCs are gradually stepped -up over three years (the "Phase -In Rates") until the path -specific rates are equal to SCE's postage -stamp rate as of January 1, 2013; and WHEREAS, under the SCE Settlement, the City's costs for the SCE Victorville-Lugo ETC and the SCE Mead ETC are equal to (i) from August 1, 2009, until December 31, 2012, the Phase -In Rates, and beginning on January 1, 2013, the SCE postage -stamp rate, in each case multiplied by (ii) the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC 5 61,237 (2009), in FERC Docket Nos. ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001, EL09-19-000, and ER09-446-000 ("SCE Settlement Order"); and WHEREAS, on behalf of the City, the Brattle Group, an experienced utilities consulting firm, developed a tracking mechanism for the City's TRR ("TRR Tracking Mechanism") to allow the City's TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City's costs under the SCE Victorville-Lugo ETC and the SCE Mead ETC that change as a result of (i) the stepped -up rates implemented between August 1, 2009 3 1 2 3 4 5 6 7 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 M and December 31, 2012; or (ii) any change in SCE's TRR on or after January 1, 2013; and WHEREAS, on the basis of The Brattle Group's analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC proposed revisions to its TO Tariff proposing stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions"); and WHEREAS, the City also submitted in the July 15 FERC Filing a request to utilize an "ETC Adjustment Clause" to adjust automatically each year the costs the City incurs attributable to any changes in SCE's TRR associated with SCE's High Voltage Existing Contracts Access Charge ("HVECAC") rate; and WHEREAS, FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions and the City's proposed calculations of the TRR for years 2010 to 2012, and additionally approved the City's request to utilize an ETC Adjustment Clause to reflect annual projected changes to SCE's TRR, in an order issued September 11, 2009, 128 FERC 1 61,235 (2009), in FERC Docket No. EL09-64-000 ("TO Tariff Order"); and WHEREAS, under the TO Tariff Order, the City's TO Tariff revisions went into effect on August 1, 2009; and WHEREAS, the City is required under the TO Tariff Order to submit annual filings no later than November 1 of each year with FERC reflecting annual modifications to the base TRR; and WHEREAS, FERC has approved the TRR for 2011 as agreed to by the City and SCE under the SCE Settlement, and which will 0 1 2 3 4 5 6 7 8 v 10 11 12 13' 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The implemented by the tariff sheet included as Appendix I of the lamended TO Tariff, attached hereto as Exhibit A and made a part hereof; and WHEREAS, under the SCE Settlement, because the TRRs have been fixed in each of the years 2010 to 2012, the true -up amount between the City and SCE is zero with respect to these calendar years, and thus there are no changes associated with SCE's fixed TRR and no cost modification needs to be reflected under the ETC Adjustment Clause for the 2012 TRR; and WHEREAS, pursuant to the TO Tariff Order, the approved new TRR number will take effect as of January 1, 2012; and WHEREAS the current Gross Load included in the City's TO Tariff is based on 2007 load data and the Light & Power Department calculates that Gross Load in 2010 was 1,181,728 MWh, substantially lower than in 2007; and WHEREAS, a Notice of Public Hearing was published on or before October 8, 2011, notifying all interested parties that a hearing to consider evidence to establish the City's new TRR and Gross Load was scheduled for October 18, 2011, at approximately 8 a.m., subject to the hearing being continued or adjourned to a stated time and place without further notice of public hearing; and WHEREAS, on October 18, 2011, the City Council held a Public Hearing in which the City Council took evidence from staff and those other persons in attendance who wished to be heard on the calculation of the City's new TRR and Gross Load under the City's amended TO Tariff; and WHEREAS, the Light & Power Department has prepared a 5 11 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 Staff Report, dated October 5, 2011, with exhibits, a copy of which is attached hereto as Exhibit B and made a part hereof, which reiterates its previous conclusions that the TRR and ETC Adjustment Clause mechanism developed by The Brattle Group and approved by FERC under the amended TO Tariff are reasonable, and includes the 2012 Gross Load calculated by the Light & Power Department; and WHEREAS, the Light & Power Department has recommended the City adopt the TRR contained in the SCE Settlement and approved by FERC, to be effective on January 1, 2012; and WHEREAS, the Light & Power Department has recommended the City adopt the 2012 Gross Load it has calculated based on 2010 test year data; and WHEREAS, the City Council has heard and considered all evidence, written and oral, presented in consideration of the establishment of the City's new TRR and Gross Load under the amended TO Tariff. 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 and correct. SECTION 2: The City Council of the City of Vernon hereby further finds and determines that all persons have had the opportunity to be heard or to file written comments to the proposed adoption of the City's TRR and Gross Load, and after due consideration of any and all evidence submitted at the Public Hearing, determines there are compelling reasons to justify the R 1 2 3 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 adoption of the City's TRR and Gross Load, to be effective January 1, 2012. SECTION 3: The City Council of the City of Vernon hereby declares that: (a) any determination made pursuant to this Resolution regarding the validity or reasonableness of any portion of any TRR, Gross Load, or TO Tariff shall apply only prospectively from the date of this Resolution; and (b) in no way shall this Resolution affect the City Council's adoption or determination of any previous TRR, Gross Load, or TO Tariff. SECTION 4: The City Council of the City of Vernon hereby approves, pursuant to the TO Tariff and to be effective on January 1, 2012, the establishment of the City's new TRR, Gross Load, and Appendix I to the TO Tariff implementing the new TRR and Gross Load, as described in the Light & Power Staff Report dated on or about October 5, 2011. SECTION 5: The City Council of the City of Vernon hereby authorizes outside counsel to submit the City's TRR, Gross Load, the amended Appendix I to the Vernon TO Tariff and supporting documentation, such as the Staff Report, and this City Council Resolution approving the new TRR and Gross Load, to FERC on behalf of the City of Vernon. SECTION 6: 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 18th day of October, 2011. 7 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 ATTEST: City Clerk Name: [fix] Title: Mavor 5 11 2 3 4 5 6 7 8 9 10 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, , City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, October 18, 2011, and thereafter was duly signed by the Mayor of the City of Vernon. 11 12 (SEAL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [#tX] , City Clerk E EXHIBIT A APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $1,346,520 and is comprised of the following components: Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $848,040 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: $0 Interest on Difference between prior year Forecast and Actual SCE ETC Costs: $0 The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true -up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and fled with the Commission with a proposed effective date of January 1 of each year. The TRBAA is a negative $105,460 for calendar year 2012. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWh. 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 Tariff approved by the Vernon City Council, and provided to the ISO. EXHIBIT B CITY OF VERNON LIGHT AND POWER DEPARTMENT STAFF REPORT REGARDING THE ESTABLISHMENT OF A NEW TRANSMISSION REVENUE REQUIREMENT AND GROSS LOAD ASSOCIATED WITH VERNON'S HIGH VOLTAGE ENTITLEMENTS October 5, 2011 The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services. These calculations are known as Transmission Revenue Requirements ("TRRs"). The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') and TRR with the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all PTOs to file any changes in their TRRs with FERC. Each PTO must also include in its TO Tariff the Gross Load which the ISO uses to calculate its grid -wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to recover its full TRR. TRANSMISSION REVENUE REQUIREMENT At present, the City's high voltage transmission assets consist of three long- term contracts (known as "existing transmission contracts" or "ETCs") which provide the City with dedicated access to high voltage transmission facilities owned by other entities. Specifically, the City has contractual entitlements to utilize transmission assets pursuant to one long-term transmission contract with the Los Angeles Department of Water and Power ("LADWP"), and two long-term transmission contracts with Southern California Edison ("SCE"). The ETCs with SCE consist of one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) Staff Report TRR 2012 Page 2 of 4 providing 11 MW of transmission capacity along the path between the Victorville- Lugo midpoint and the point of interconnection with the City's internal transmission system (the "City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC Rate Schedule 207) providing 26 MW of transmission capacity along the path between the Mead 230 substation and the City Gate. The costs of these ETCs make up the majority of the costs recovered through the City's TRR. Until recently, for each of the ETCs, the City paid the owner of the transmission facilities a fixed rate which was specific to the transmission path provided under each ETC. On August 1, 2008, SCE proposed to increase its TRR and associated rates in FERC Docket No. ER08-1343-000. In a related filing submitted in FERC Docket No. ER08-1353-000, SCE proposed to transition both of its ETCs with Vernon from their current, fixed "path -specific" rates to a so-called "postage stamp" rate methodology which reflects the blended rate which SCE charges the ISO pursuant to its own TRRs for the actual usage of all of SCE's transmission facilities by customers of the ISO (the "HVECAC Rate"). The HVECAC Rate that SCE proposed in its TO Tariff is derived from SCE's TRR and, therefore, will change each time SCE amends its TRR. On September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE's proposed revisions to its TO Tariff to transition the negotiated path -specific rates set forth in the SCE Victorville-Lugo ETC and the SCE Mead ETC to the uniform HVECAC Rate, and thus the City's costs under those ETCs will vary proportionately with any changes in SCE's TRR. The City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to fully transition the path -specific rates set forth in those ETCs to SCE's HVECAC Rate after a phase -in period that began on August 1, 2009, during which the City's path -specific rates in Staff Report TRR 2012 Page 3 of 4 those ETCs will be gradually stepped -up under incrementally increasing fixed rates (the "Phase -In Rates") until the path -specific rates are equal to the HVECAC Rate as of January 1, 2013. FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC 161, 237 (2009), in FERC Docket Nos. ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001, EL09-19-000, and ER09-446-000 ("SCE Settlement Order"). On behalf of the City, The Brattle Group, an experienced utilities consulting firm, developed a TRR tracking mechanism clause for the City's TRR ("ETC Adjustment Clause"), which will allow the City's TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City's transmission expenses associated with any changes implemented by SCE in the HVECAC Rate associated with the SCE Victorville-Lugo ETC and the SCE Mead ETC. On the basis of The Brattle Group's analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC the proposed (i) revisions to its TO Tariff proposing the City's stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions") and (ii) the ETC Adjustment Clause tracking mechanism. The July 15 FERC Filing acknowledged that, to the extent that the SCE Settlement was accepted,, because the stated Phase -In Rates would be fixed, the ETC Adjustment Clause for the term of the Phase -In Rates would be zero. FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions, the City's proposed calculations of the TRR for years 2010 to 2012, and the City's request to utilize an ETC Adjustment Clause, in an order issued September 11, 2009, 128 FERC ¶ 61,235 (2009), in FERC Docket No. EL09-64- 000 ("TO Tariff Order"). Specifically, for 2012, FERC approved a TRR of Staff Report TRR 2012 Page 4 of 4 $1,346,520. The City is required under the TO Tariff Order to submit annual filings no later than November 1 of each year with FERC reflecting annual modifications to the base TRR of the City. Because FERC approved the SCE Settlement, and the City's TRR is fixed for calendar year 2012, the ETC Adjustment Clause reflecting the amount required to true -up the TRR between the City and SCE is zero. GROSS LOAD Gross Load is the City's aggregate annual demand for electricity. The Light & Power Department calculates and projects Gross Load as part of Its normal operations. Since 2008, the Gross Load stated in the City's TO Tariff has been 1,288,684 MWh, a figure based on the City's 2007 actual load data. The City's Gross Load has declined since 2007. In 2010, the City's Gross Load, as measured by ISO -certified revenue quality meters, was 1,181,728 MWh. This decline in Gross Load means that the City will not recover from the ISO the full amount of its TRR unless its stated TO Tariff Gross Load is revised to reflect the City's actual load. Staff recommends submitting an amended version of the City's Appendix I to its TO Tariff that states the City's Gross Load for 2012 at 1,181,728 MWh, in accordance with a 2010 test year (the data supporting the calculation of this figure is attached hereto as Exhibit 1. RECOMMENDATIONS 1. Approve the establishment of the City's new TRR and Gross Load for 2012 and revised Appendix I to the TO Tariff. 2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause and Gross Load for 2012, the revised Appendix I to the TO Tariff, and this City Council Resolution approving the TRR, ETC Adjustment Clause, and Gross Load to FERC on behalf of the City of Vernon. EXHIBIT 1 A B C 1 2 3 CY 2010 ISO Metered Gross Load 4 Month MWh 6 1 Jan-10 95,336 7 Feb-10 88,506 8 Mar-10 100,405 9 Apr-10 97,925 10 May-10 98,876 11 Jun-10 101,007 12 Jul-10 102,440 131 Aug-10 104,225 14 Sep-10 99,614 15 Oct-10 102,071 16 Nov-10 97,575 17 Dec-10 93,747 18 1,181,728