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}~INUTES OF THE MEETING OF THE CITY COUNCIL OF THE
CITY OF UKIAH - AUGUST 2, 1983
The City Council met in an Energy Big Picture Study Session on August 3, 1983
commencing at 9:00 a.m. Councilmembers present: Feibusch, Dickens, Hickey,
Myers, Kelley. Staff present: Payne, Brosig, Harris, Roper, Tillotson,
Melvin. Also present: Roger Fontes, NCPA; Paul Sherman, R. W. Beck; Marsha
Eisenberg, Merrill-Lynch; Homer Schaaf, Brown & Wood.
Maurice Roper, Electric Engineer, presented a historical background and
graphs depicting load growth projection, power supply projects and projected
power costs.
In answer to a question regarding substantiation of the statement that Ukiah
benefited in excess of $1 million dollars since 1968 from services provided by
NCPA, Roy Brosig, Finance Director, stated that it could be substantiated. He
pointed out that the City has received $300,000 in rate refunds because of the
negotiations with PG&E that occurred in 1976-77. The City Manager pointed out
that just recently a rate settlement was reached with PG&E that will make a
substantial difference. Mr. Fontes stated that during the last three years,
beside the direct PG&E refund, NCPA has purchased bulk power at a savings from
Turlock Irrigation District surplus power and from WAPA. He added that one of
the things NCPA does for all member cities and the main reason it was created
was a method of pooling municipal power resources in order to protect
municipal power rights.
NCPA Geothermal Pro~ect #1 (commonly known as RFL)
Mr. Roper stated this project did not work out and has since been sold to
Santa Clara. The City is no longer involved in this project.
Councilmember Feibusch asked what had happened to the drilling tower and Mr.
Fontes stated that the rig is owned by the Development Fund, cost $3.8 million
to build, is worth approximately $5 million and is in temporary storage in
Middletown. Councilmember Feibusch asked if the investment in the rig is
interest bearing. Mr. Fontes stated that it was.
NCPA Geothermal Project #2 (commonly known as Shell II)
Councilmember Feibusch pointed out the total cost of the project is stated to
be $i00 million and asked why Council was asked to approve $125 million in
bonds? Mr. Fontes stated that a City ordinance did approve $300 million,
breaking down into $125 and $175 million, but only as a public defining of the
scope of the project and included not only Shell 2 but possible refunding,
construction of a third facility and debt service. He further pointed out
that the plant cost is $100 million.
Ms. Eisenberg spoke to the reason for refunding and refinancing and stated
that in order to finance Project 3 more economically, the DOE loan and their
claim on steam would have to be eliminated; in addition, interest rates are
lower now than they were when the bonds were originally financed and money can
be saved through refunding. Mayor Kelley questioned the conditions placed on
the DOE loan. Mr. Fontes stated that Shell 2 was the first power plant that
DOE had been involved in and conditions were placed on the development of the
field for protection.
Councilmember Feibusch referred to the default of $2.5 billion of ~unicipal
bonds by Washington Public Supply System and asked what the marketability of
public municipal bonds was? Ms. Eisenberg felt there was no question that
people will have market access to municipal bonds. Mr. Fontes stated that in
California the Joint Powers Act under which NCPA operates through the
Secretary of State has much more protection and that the debt that NCPA is
issuing is legal and does not run the risk that the State of Washington
utilities did.
City Council Minutes
August 2, 1983
Page 1
358
Councilmember Feibusch stated that the cost of delivering power to Ukiah will
be 40-45 mills and asked if that included the 10% wheeling charge? Mr. Fontes
stated that figure did include the wheeling charge.
NCPA Geothermal Project #3 (commonly known as Shell III)
Councilmember Feibusch asked why SAI was dropped and Gibbs and Hill
substituted? Mr. Fontes stated that SAI was not dropped as competitive bids
were received and Gibbs and Hill presented a lower bid.
Councilmember Feibusch asked the relationship of the cost of Shell 3 to Shell
2? Mr. Fontes stated that Shell 3 is slightly more expensive than Shell 2
because of the escalation of materials, payment of part of the steam
collection system that is in the contract with Shell on the property and bond
reserves.
Councilmember Feibusch questioned figures used for the total estimated cost of
the plant and related facilities. Mr. Roper stated the figure for bond
reserve and financing expense of $39,091,000 should be $36,091,000.
Councilmember Dickens referred to the wet year cycle and expressed concern
regarding whether NCPA will continue to be competitive and if this project, at
a higher cost, is worth investing the City's money in? Mr. Fontes stated
that we are coming out of a historical low in PG&E fuel adjustment and if in
the future there were similar flood years in a row, PG&E's basic energy fuel
rate would still be going up dramatically.
Councilmember Dickens referred to a lawsuit whereby utilities would be allowed
to pass off some of their costs in developing projects. Mr. Fontes stated
that FERC, which regulates wholesale rates, made the decision that would allow
a utility to put construction work in progress in the rate base. He pointed
out that PUC policy only allows this to occur when a project comes on line and
only to retail customers. Mr. Sherman stated the agreement with PG&E now is
that those costs will not be passed on to NCPA through 1985.
Councilmember Dickens asked what basis is used for projections? Mr. Fontes
stated that in 1983-85, it is the actual rates which are in the
interconnection agreement. Past that, there is a revenue projection method to
determine PG&E rates.
Mayor Kelley referred to Shell 3 which would cost 50 mils in 1986-87. Mr.
Roper stated that PG&E's rate is now 47 mils. Mr. Schaaf pointed out that
that figure is with the depressed oil costs.
RECESS: 10:06 a.m. - RECONVENE: 10:17 a.m.
Geyser Transmission Facilities
Mr. Fontes stated that there has been criticism regarding no transmission
lines provided out of the Geysers. It was felt, at the time, it would not be
cost effective and their consultants could not justify the expense. He
further stated that during recent negotiations, PG&E stated that they will no
longer build transmission lines. With the knowledge of PG&E's rates, it was
calculated that it would be cost effective to develop NCPA's own transmission
lines out of the Geysers. PG&E is now developing a second line out of the
Geysers and due to the terms of the interconnection agreement, NCPA has an
option to negotiate for a purchase right in the second line for Shell 2.
Mayor Kelley asked whether it would be cost effective to build the lines or is
it the only viable option? Mr. Fontes stated that both are true since NCPA
cannot control PG&E's demands at the bargaining table.
Councilmember Dickens asked what monies would be received from Shell 2 before
the City is asked to generate money for transmission lines? Mr. Fontes stated
that NCPA is about ready to finance the Geyser's project and all previous cash
advanced would be refunded and all future work on the project will come out of
the bonding. City Manager stated the City has invested $6,000 and once
permanent financing is obtained, the City will receive that amount back.
City Council Minutes
August 2, 1983
Page 2
359
Councilmember Dickens asked what is involved in preparation before a project
can proceed? Mr. Fontes stated there are cost sharing agreements among the
cities and litigation costs are not included but are a general charge shared
by all NCPA members. Mr. Roper referred to Exhibit 1, Director of Finance
memo of June 29, 1983, which shows the City's investment and the expected
refund.
Councilmember Feibusch stated it is unknown what the City's costs will be for
Shell 3. Mr. Fontes stated that either the City will buy transmission from
PG&E or NCPA and it is expected that NCPA will continue to pay a 10% adder for
delivery.
Mayor Kelley referred to the Geyser/Lakeville transmission line and asked who
would be involved in this project. Mr. Fontes stated that this line is the
second PG&E line and would involve NCPA, SMUD, MID and Santa Clara.
Scheduling And Dispatch Center
Mr. Roper stated that there are now four agencies involved to share
transmission costs.
NCPA Dispatch Center Financing Plan
Councilmember Feibusch referred to the cost of acquisition and construction of
the dispatch center and asked if this would require a rate increase? Mr.
Fontes stated that the Geysers Transmission project participants are providing
the security for the loan for the transmission lines and for the dispatch
center. City Manager stated the costs will be spread internally in NCPA on an
accounting basis and will be accounted for as overhead.
Administrative And Headquarters Building
Mr. Fontes stated it is NCPA's plan to finance the headquarters building out
of Shell 3 bond issue. It is felt that by providing NCPA's own facility that
it will prove to be the lowest cost alternative. It is planned to lease part
of the building space to others. He pointed out that NCPA now pays $160,000 a
year in rent. He added that there will be 16 dispatch center employees and 19
home office staff.
City Manager felt there was a concern that a 35,000 square foot headquarters
building is too large for the existing staff but it must be recognized that
NCPA is constructing this size of a building to meet future needs.
Combustion Turbine Peaking Study
Mr. Roper stated that Ukiah is one of the cities that adds to the peaking
power which is very expensive. One solution is the peaking turbine to shave
peaks. He further added that this matter will be before the Council shortly.
Councilmember Feibusch asked where this would be located and if it would be
oil fired? Mr. Fontes stated the location has not been determined as yet and
it will be gas fueled.
Calaveras Hydroelectric Project
Mr. Fontes presented to Council the history of this project. The litigation
has involved PG&E, NCPA and Friends of the River. A District Court decision
is expected shortly.
Mayor Kelley asked what Ukiah's share, $80,000, was for? Mr. Fontes stated it
was for bringing the project to FERC, some preliminary design work, permits
through FERC, cost for lawyers, payments to the Calaveras County Water
District in administrative costs.
Councilmember Feibusch was of the opinion that Ukiah had withdrawn from this
project. Councilmember Hickey stated that Ukiah had only lowered its
percentage of participation.
City Council Minutes
August 2, 1983
Page 3
360
Western Area Power Administration (WAPA)
Mr. Roper stated that 6 MW allocation has been received and the City is
currently negotiating for an additional 2.9 MW allocation from Western using
NCPA and City resources. He further added that some of the benefits derived
from WAPA will disappear in the future and the need to pursue alternative
sources through NCPA.
Ron Gluckman, Ukiah Daily Journal, asked for a total estimated cost and
estimated on line date. Mr. Fontes explained that since Calaveras Project has
been sued, time and energy have not been spent on keeping everything current
and the capital cost estimates, cost of power studies are all out of date. It
is felt though that the project might cost $460,000,000 and the price of power
will be around 90 mils and on line in 1988.
Councilmember Dickens asked what the cost of peaking power is for PG&E now?
Mr. Fontes stated it depends upon the load factor but currently it is
estimated to be 15% load factor over 100 mils for base load service.
Councilmember Feibusch asked how sur~ is the 2.9 MW? City Manager stated that
the City is sure of it as far as Lake Mendocino is concerned because it is
part of the renewable resource plan. WAPA has indicated they will give us
that allocation as soon as Shell is delivering energy to us. The Council has
already signed the contract for the 2.5 MW for the Lake Mendocino Project.
Mayor Kelley stated that the City is receiving power from WAPA at a certain
price and will it have to be repaid at some point? Mr. Roper stated it is
given back at the City's option and could be paid back in off peak times.
Councilmember Feibusch asked if the megawatts received from WAPA could be paid
back out of Shell? Mr. Fontes stated that the City's contract does not
require that the City sell Lake Mendocino energy back to WAPA, it only
requires that power be sold back and Western will never know where the
kilowatts are coming from as they will be delivered through NCPA.
RECESS: 15 minutes
Lake Mendocino Hydro Project
The City Manager stated this project is on schedule and is expected to be 18
million dollars. A bond issue was passed last year for a total amount of 23
million dollars. We are estimating an interest rate of approximately 10% and
are hoping for an "A" rating but do not know whether we will be successful.
Part of the difficulty that we find in the City due to this kind of project,
is because we have never gone to the bond market - it has been many years,
particularly on the electric system. So the bond markets do not have a feel
for the City of Ukiah. They are going to have to get that feel by looking at
our past financial statements and that will occur in the next week. City
Manager referred to Mr. Roper's memo dealing with our contract with Western
which Council has recently approved and stated the City of Ukiah is the first
agency under that renewable resource to get our contract signed. It was
signed at 68 mils. Western is currently offering 34 mils to other agencies.
Other agencies would be happy to have our contract. We are going to get
$900,000 per year or $75,000 per month for the average energy output of Lake
Mendocino whether it produces energy or not. It is a firming contract. What
we will owe then is pure energy, not capacity. It is sort of a banking
account.
Councilmember Kelley asked how this will work with Sonoma County when they
control the water releases. It was explained that the studies recognize this
and benefits have been calculated based on historical releases.
Warm Springs Dam
City Manager stated that we are presently in litigation with FERC. Other
agencies filed but dropped out. Sonoma County Water District was awarded the
preliminary permit on the basis that they could produce more energy than
City Council Minutes
August 2, 1983
Page 4
361
Ukiah's project. Warm Springs is a good project - it has a renewable resource
allocation associated with it from Western. Also the dam amd outlet is built
to handle turbines. We have asked for a rehearing more than once after the
permit was granted to Sonoma County Water. Each time it was denied. The City
then filed a lawsuit. Studies from our consulting engineers (Tudor) indicate
Sonoma County Water cannot generate more electric energy than the City of
Ukiah. The lawsuit is proceeding before a district court. It is anticipated
that a decision will be forthcoming in 3-4 months. In addition, Sonoma County
Water had not filed their permit to construct. They requested additional time
from FERC and Ukiah opposed and went on record saying the City was ready to
construct and proceed. Then Sonoma County Water filed for a permit to
construct. Our suit continues and in approximately 90 days we will either get
it or the court will uphold FERC's ruling.
The question was raised as to the expenditures to date on this project. It
was pointed out that the expenses have been for legal and consultant fees as
well as staff time, but would not exceed $30,000.
Mitex Hydro Projects
Maurice Roper reviewed this project stating Mitchell Energy had requested to
file on five hydro sites in Mendocino County. The status is that two of the
projects are not feasible and the other three could be feasible if PG&E rates
increase and it was recommended that we do nothing at this time. The City
Manager stated he did not feel comfortable with this recommendation since the
18 month license period is nearing a close. City Manager stated that unless
he hears to the contrary from Council, he will go into the field and conduct a
preliminary investigation with other agencies to see if they are interested in
pursuing these projects. In his opinion, Mitex has not performed the way it
was originally indicated they would perform.
Councilmember Dickens asked if there was anyone closer where there is better
communication. City Manager stated there are other California cities that may
be interested.
Roger Fontes stated that it is clear there is not enough profit in these
projects. Maurice RoPer added that Mitex has indicated that they will turn
over all of their accumulated information to the City for us to proceed in
whatever way we wish.
Financial Capacity of the City
City Manager referred to the letter from Davis Hammon & Company, C.P.A., dated
6/28/83 which was requested to determine the City's maximum bonded
indebtedness and pointed out that in that letter it was stated that the City's
electric utility fund would be able to service a debt of approximately
$6,350,000 assuming the debt will not produce additional revenue. The letter
also stated the revenue bonding capacity of the electric utility enterprise
fund is virtually unlimited.
Councilmember Kelley referred to No. 4 of said letter which stated it has been
assumed that any additional bonds would be issued as serial bonds and retired
over a 30 year amortization. Ms. Eisenberg explained the difference between
serial bonds and term bonds. The goal is to obtain levelized debt service.
Councilmember Kelley stated he had a problem with the $680,000 average annual
cash flow from 1981 and 1982 referred to in the Davis Hammon letter. City
Manager referred to the 1982 calculations and stated that is part of the money
we said we would have available for the Lake Mendo project. Councilmember
Feibusch referred to the Hammon letter and stated he did not know if a CPA
would be qualified to determine the maximum bonded indebtedness of the City.
In his opinion, this is the business of a bond counsel. Ms. Eisenberg pointed
out that the City is paying the money and that is the conclusion and probably
anyone of us could come to the same conclusion.
RECESS - 10 minutes.
City Council Minutes
August 2, 1983
Page 5
362
Up front payments were discussed and agreements the City has signed in this
regard. Ail the money that is fronted should be refunded out of the first
financing if the project goes to construction. Phase II money is risk
capital.
Councilmember Kelley asked if we can decide to leave that money in the project
or put it into any other funds or does it come back to us? City Manager
stated that it comes back to us. Roger Fontes will check the matter of
refunding.
NCPA bonding capacity was discussed. Ms. Eisenberg stated that NCPA does not
have any capacity that isn't granted to us by the cities. Each project has to
stand alone; it must be cost effective. The Davis Hammon letter stated that
as long as these two criteria are met, our bonding is unlimited. In many
respects due to this authority, NCPA has this same bonding capacity.
Cost Comparison
City Manager referred to the current PG&E bill which was included as one of
the exhibits. The total amount was $1,891,768.65.
Maurice Roper stated that we have obtained benefits as a result of our
pursuit of other power sources and because of our involvement and the
assistance received from NCPA on matters such as Northwest power, WAPA
project, etc. Agreements are filed with FERC for the TID and WAPA allocations
and when approved our billing will be reduced to just the current month
amount. This is a benefit our City has derived from our involvement in these
matters with NCPA, WAPA. He stated the City has had difficulties for many
years in obtaining wheeling power. Fontes stated WAPA and PG&E have finally
gotten a wheeling contract for us to get WAPA power that we started getting in
March 1982.
The City Manager stated there is still one controversy the City of Ukiah has
with PG&E and that has to do with Bonneville power purchase which he explained
in detail. We are awaiting a settlement of this conflict. It will be a long
negotiation. Mr. Roper pointed out that the Council is to be commended for
instructing staff to pursue the energy goals they have.
A citizens committee was appointed by the Council to study energy uses in the
City and made recommendations. Mr. Roper stated it was recommended that the
City continue present pursuit and involvement in electrical generation
projects. The City has been working diligently to do these with help and
support of Council.
Councilmember Feibusch stated he has consistently voted against our
participation in the power development and stated he will continue to vote
against it. He stated, as his concern: "Is this country working under the
principles of the free enterprise system or are we operating as a publicly
owned entity." He stated he is opting for the free enterprise system and for
that reason he will continue to vote against the involvement for public power.
Councilmemb~r Ee;t~Ley stated "that for the rest of us, that as long as it is
beneficial to the people of Ukiah we will vote for it." He expressed his
thanks to those attending.
ADJOURNED: 1:55 p.m.
Mary Me Ivin
Deputy City Clerk
City Council Minutes
August 2, 1983
Page 6