HomeMy WebLinkAboutORDINANCES-2007-068-O-07•
06/26/07
66-0-07
AN ORDINANCE
Granting an Extension, Until July 14, 2010,
of the Electric Ordinance to
Commonwealth Edison
WHEREAS, the City Council of the City of Evanston on March 4, 1957, did
adopt Ordinance No. 13-0-57 entitled "Electric Ordinance," an ordinance authorizing
Commonwealth Edison Company (Public Service Company Division), its successors
and assigns, to construct, operate, and maintain an electric light and power system in
and through the City of Evanston, Cook County, Illinois; and
WHEREAS, said Ordinance granted to the Commonwealth Edison
• Company, then known as the Public Service Company Division, the right, permission,
and authority to construct, operate and maintain in and through the City of Evanston for
a term of thirty-five (35) years a system for the production, transmission, distribution and
sale of electricity for lighting, heating, power, and other purposes within and outside the
corporate limits of the municipality, and to construct, operate, and maintain all such
poles, wires, conduits, manholes, vaults, and other apparatus and equipment as may be
necessary or convenient for such a system in, upon, along, over, across, above, and
under each and all of the streets, alleys, avenues, and other public places in the
municipality subject to the conditions and regulations thereinafter set forth; and
WHEREAS, the City Council of the City of Evanston on September 27,
• 1993, did adopt Ordinance 105-0-93 entitled "An Ordinance Amending Ordinance
No. 13-0-57 Granting Authority to Commonwealth Edison Company to Construct,
Operate and Maintain an Electric and Power System in the City of Evanston," which •
ordinance extended the term of the "Electric Ordinance" for a period of seven (7) years,
from March 5, 1992, to March 5, 1999; and
and
WHEREAS, Section 3 of Ordinance 105-0-93 reads as follows:
Section 3: Unless terminated by the City Council by
ordinance within one hundred eighty days (180) prior to
March 5, 1999, the terms of the authority herein granted
shall be as hereinafter set forth in Exhibit A attached hereto
and incorporated herein by reference.
WHEREAS, the Energy Commission recommended that the City Council
terminate the authority granted in Ordinance 105-0-93 and not become subject to the
terms of Exhibit A to Ordinance 105-0-93; and
WHEREAS, the City Council on October 12, 1998, did adopt Ordinance •
91-0-98, which Ordinance did: (a) terminate the authority granted to Commonwealth
Edison to use the public ways and other public property in conjunction with its
construction, operation, and maintenance of an electric system in and through the City
of Evanston after March 5, 1999; and (b) negate the authority of the enactment of the
aforesaid Exhibit A; and
WHEREAS, the City Council on February 22, 1999, did adopt Ordinance
14-0-99, which extended the duration of Ordinance 13-0-57 until June 3, 1999; and
WHEREAS, the City Council on May 24, 1999, did adopt Ordinance
80-0-99, which extended the duration of Ordinance 13-0-57 until July 15, 1999; and
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• WHEREAS, -the City Council on July 12, 1999, did adopt Ordinance
95-0-99, which granted a three (3) -year extension of Ordinance 13-0-57 until
July 14, 2002; and
WHEREAS, the City Council on July 8, 2002, did adopt Ordinance
64-0-02, which granted a ninety (90) -day extension of Ordinance 13-0-57 until
October 14, 2002; and
WHEREAS, the City Council on October 14, 2002, did adopt Ordinance
98-0-02, which granted a nine (9) -month extension of Ordinance 13-0-57 until
July 14, 2003; and
WHEREAS, the City Council on July 14, 2003, did adopt Ordinance
68-0-03, which granted a one (1) -year extension of Ordinance 13-0-57 until
• July 14, 2004; and
WHEREAS, the City Council on July 14, 2004, did adopt Ordinance
77-0-04, which granted a three (3) -year extension of Ordinance 13-0-57 until
July 14, 2007; and
WHEREAS, the City of Evanston and Commonwealth Edison Company
have concluded negotiations concerning the possible grant of a new authority to
Commonwealth Edison to use the public ways and other public property and agreed
upon additional applicable terms in the event the duration of 13-0-57 is extended
beyond July 14, 2007; and
WHEREAS, Commonwealth Edison, having notice and being aware of the
• adoption of 77-0-04 and the July 14, 2007, termination date of the existing authority,
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has requested that the City extend the grant of authority for three (3) years until •
July 14, 2010; and
WHEREAS, the City Council has determined it is in the best interests of
the City to approve such extension,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the duration of Ordinance 13-0-57, which terminates
on July 14, 2007, is hereby extended until July 14, 2010, and all its terms shall remain in
full force and effect for that period. The terms contained in Exhibit 1, attached hereto
and incorporated herein, shall supplement the terms contained in Ordinance 13-0-57
and be in full force and effect until July 14, 2010.
SECTION 2: That all ordinances or parts of ordinances in conflict •
herewith are hereby repealed.
SECTION 3: That this Ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
Introduced: \.,u,-v� _ , 2007 Approved:
Adopted: \,c,LJC, 2007 /I �.� , 2007
03
r
Cjorraiine H. N%rton, Mayor
Attest: Approved as to form:
4 v vM" (/emu � •
Mary te,,�ity Clerk H srbert D. Hill
First Assistant Corporation Counsel
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EXHIBIT 1
Cm; Ed,
•An Exelan Company
June 20, 2007
Members of the City Council
City of Evanston
Evanston, Illinois
N/lembers of the Evanston City Council:
By this letter, ComEd agrees to the City of Evanston's proposal for a three (3) year
extension to the 1057 franchise. This extension includes the terms in Exhibits A and B of
this agreement. ComEd also agrees to provide status reports as listed in Exhibit B and to.
meet with Evanston's Technical Review Committee to discuss those reports and any other
issues as needed. In addition, ComEd agrees to provide outage data as list in Exhibit B.
ComEd is working hard to improve the quality of its delivery services to customers
throughout its service territory, it is our hope that these continued discussions will assist
ComEd and Evanston City officials in working together to deliver electricity efficiently and
reliably to Evanston customers.
• Sincerely,
Fide( Marquez
Vice President
Large Customer Services & External Affairs
Accepted and Approved By:
Evanston City Council
Ol
• pe•
ComEd`scl�,- Projects
In The City of Evanston
i - I i
Project Number, Location, investigation Results and Required Action(s) I Start Date Completion Date
and Feeder Number -
Project 1 - Distribution Circuit On a regular basis, ComEd inspects its distribution circuits, for broken
Inspections & Tree Trimming or damaged equipment including, (e.g., transformers, wires, lightning
protection, etc.). At the beginning of the year ComEd will provide a list t
of circuit to be trimmed and inspected and any significant items found.
Project 2 - Distribution Circuit On a yearly basis, ComEd will a list of any 1 % feeders that serve
Remediation Evanston A statement of anv remedial actions will be included. i
Project -i - Reliability i;ornEd .vill provide y six-monih list of outages to the city. The Energy
oncorlts C:eitrtttiission will provide a list of rluesiions to Coi�lEd and an agreed list
be investigated.
C.I'Itii;'ral ConiEd wIli provide 3 list of Sumnl(,r Critical .Vr,rk for Evanston Oil
annual basis.
.>i�;ilo� �.
Exhit;
C'omEd's Spec. _ Projects
In The City of Evanson
Project Number, Location, I Investigation Results and Required Action(s)
and Feeder Nurnb►3r
Project 6 — Feeder Loading ComEd will identify any feeders in Evanston that are loaded
greater than 90%. Feeder list wilt be provided on an annual
Feeder: basis. For the feeders provided, ComEd will provide the
actual peak loading of the previous year
Project i - Planning ComEd Distribution Planning Department will meet with Evanston
Planning Department annually to coordinate information
about expected future major load additions. ComEd will also
share any work affecting Evanston in the 5-year capacity plan
on an annual basis.
Project 8 — Substation ComEd will provide a list of Substations serving Evanston that are
Capacity Report loaded above 90%. Substation list will be provided on an annual
basis and will include the actual peak loading of the previous year
for those stations along with the design capacity of the station.
Project 9 — Feeder Map
Project 10 - Reports
On an annual basis, Com Ed will provide the most recent updated map
of all Evanston feeders and list the total number of Evanston customers
on each feeder by Residential and Commerciaillndustriai.
Com Ed 'vJ11 provide suitable representatives at the meeting
scheduled by the TRG for reviewing the annual report who
are qualified to describe Com Ed's Anru;al and 3 year plan for
improvement in reliability, capacity and tin -jell, restoration after
_...._ .__ an outage.,
Start Date
Completion Date
0 0 0
Exhibit B
S:=rvice Programs and 11111 1 ),ove 1 ne lit
S--71eduie ol' RcD-orts
A.. Quarterly and Annual Reports
to ial R�rjcjd be, essentially identical to the model Annual
F Po
d Pod pfc-!L, ided b,,, ComEd with the following additions:
1. Under Reliahility Indices Graph: A second set of graph,,; will be inserted
comparing the indices for the Skokie DIVIC with the System indices for Storm and
1.1;:)4 n- S-1torn
2. After Electrical Sysier'n Improvements: Insert a new section entitled:
'Inspection R,port tDy Fleedeer'which will include a list of the feeders
in Evanston and when they ":were last inspected and the next inspection
-y,cle.'
3. Under Tree Trimming Report by Feeder. Add that a list of the
feeder-s in Evanston \vill be added ir'lClUding when they were last trimmed and the
11-ey,t trin"inling cyc-le'.
October 31 & April 30 for each year
B. Outage Data
August 15, (January
January I to July 31,)-, February 15, (August I
to December 31,); for each year 0
IL Ongoing Service Improvement Programs.
ComEd is working hard to become the leading provider of electric delivery
services in the Midwest. ComEd has a number of programs that are designed to
improve the quality of its delivery service,,-,. Below, we have highlighted some of
the more important improvements and programs that are expected to have a
positive impact on the quality of seR'/ice to Evanston residents. In addition, we
have described some of our economic development programs and how we can
best utilize those programs in Evanston.
A. Distribution Circuit Inspection.
On a regular basis, ComEd inspects its distribution circuits, for broken or
damaged equipment including, (e.g., transformers, wires, lightning protection,
-etc.). Should the inspection indicate that any major repair or replacement of
equipment is necessary, ComEd will provide the city the type of problems found
and the status of repairs made.
B. Distribution Circuit Remediation
This program addresses performance issues on the "worst 1 % circuits" in each •
operating area of CornEd's service territory, as set forth in the Illinois Commerce
Exhibit B
• ComEd's Ongoing Service Programs and Improvement
Commission administrative code. The "worst" circuits in each operating area are
first identified based on frequency and duration performance, root cause analysis
is completed and rernedi@tion plans are developed and carried out based on this
analysis.
F. Remedial Action for Customers Who Experience Multiple or
Lengthy Interruptions.
Rules enacted by the Illinois Commerce Commission require Illinois utilities to
report on certain service standards. Specifically, depending on the voltage level
at which the customer receives service, ComEd and other utilities attempt to limit
the number of controllable interruptions and the duration of those interruptions
experienced by Customers. Under the rules, Illinois utilities must develop
processes to identify, analyze, and correct the service reliability for customers
who experience a number or duration of interruptions that exceeds the target
• numbers. The full text of the rules, as well as other information relating to service
reliability, may be found on the Illinois Commerce Commission's web site
htto:/hwww.icc.state.ii.us
Service Interruption Management and Reporting.
ComEd has made a number of improvements in the way in which it manages
service interruptions and how it communicates with customers and municipalities
about interruptions and efforts to restore service. Described below are some of
the more significant programs,
1. Service Interruption Management,
CornEd's Dispatch Center coordinates the efforts of regional reporting centers,
which are located throughout the service territory.
ComEd also continues to rework its emergency restoration program, now called
the Storm Restoration Program. ComEd monitors weather conditions and
attempts to anticipate the path of severe weather events, In some cases CornEd
will place crews in areas that are likely to be affected by a severe storm to
respond more quickly should the storm hit and interrupt service. ComEd uses
local crews to respond to weather emergencies. We al,.:,,o have contracts and
• agreements with other utilities and private companies to supplement our crews in
severe emergencies. ComEd has enhanced communications with field
emergency restoration personnel
Exhibit B
I—ornEd's Ongoing Service Programs and Improvement
•
2. Outage Notification to Municipalities.
For each feeder level interruption that lasts for more than fifteen minutes, CorflEd
notifies each affected municipality by fax or e-mail within one hour after ComEd
learns of the interruption. ComEd is committed to updating the information every
two hours by subsequent faxes or e-mails. The notice typically describes the
location of the interruption, an estimate of the number of customers affected, and
an estimated time for full restoration of service. Beginning in 1999, the fax
notices now include a direct phone number to CornEd's dispatch center in Joliet
that municipal officials may dial for more detailed information on the restoration
efforts. The fax notification program reports only "feeder -level" interruptions i.e.,
incidents that affect 1000 kva or more of electric load. On an annual basis,
ComEd sends each municipality a fax notification form that the municipality must
complete with fax numbers and names of the persons who are to receive
notification from ComEd. The fax notification system gives Municipalities current
information on restoration efforts in their communities.
From time to time, ComEd may interrupt electric service in order to replace or
repair equipment, or to accommodate private or governmental construction or
demolition efforts. Before ComEd implements a planned interruption, however,
we make sure that customers and municipal officials are aware of the interruption •
and are given sufficient time to respond. In most circumstances, ComEd notifies
the customers Who VVOUld be affected by the interruption by mail. ComEd also
notifies the municipal official designated on the fax notification form by fax or e-
n-i'ail ;:.it least twenty-four hours prior to the interruption. There are times,
however, when ComEd must interrupt service on short notice. In those cases,
CornEd will contact affected customers by telephone and municipal officials by
fax with as much lead time as possible.
3. CornEd's Internet -Based Solutions.
ComEd has developed e-Outage, an Internet site that reports information on
service interruptions by region, within the ComEd service territory. By entering a
password, municipal officials currently can access the site to obtain current
information on how long customers in the town have been out of service, and
when available, an estimate restoration time. It also allows municipal officials to
view service interruptions in their community on a geographic map.
•
• ComEd's Ongoing ^i ! ll;! F _ Ir;SI"T'i an-i I11-1pir, VE1-1-1-1-1.
J. Tree Trimming and Vegetation Management„
1 ComEd's Tree Trimming Program
On August 2, 2001, the Illinois Gen ;real Assemhk 1 Puhlic. Ac;i 92-f:1214 that
specifies how utilities Will trim trees in Illinois. The law specifies the standard by
which utilities will trim trees and vv'hOt 1-101ifi:,-�Itiun uiilitit s are required to dive
customers and municipalities. For details regarding the new laver, see
http:/iwwwl00.state-il,us/aover nlalailt%U� tleQis.c-i'm and i" B1776.
a) Tree Trimming Agreement.
On November 'l 1, 2002, the City of Evanston approved a Tree Trimming
Agreement with ComEd. The varr0US Councils of Government, including the
Northwest Municipal Conference. approved this agreement. The agreement,
• which is for a four-year period, allows CornEd to continue to trim trees to the
standards set in Public Act 02-:f214. By signing the agreement, Evanston is
qualified to participate in CornEd s Municipal and Customer Tree Replacement
Program.
•
b) Tree Trimming List
ComEd will provide on an annual basis. the list of feeders in Evanston and when
they were last trimmed and the next trimming cycle.
K. Green Power Initiatives
Corn Ed agrees to cooperate with the City of Evanston (City) during the
term of this franchise extension to help it achieve its goal of 20% green
power for City facilities served by Corn Ed by offering to the City any
future Com Ed green power initiatives developed by Corn Ed to the
extent the same are offered to customers of the same class and in the
same territory as the City. Evanston has expressed its interest in
serving as a demonstration municipality for any future green initiatives.
iv
Exhibit B
ComEd's Ongoing Service Programs and Iniprovernent
•
L. Economic Development Initiatives - Church-ErovrrF
Revitalization
In support of a unique community revitalization project at Church �traet
and Dodge Avenue, upon a formal request by the City and review by
ComEd, Cord Ed will consider leasing to the City a limited portion of
vacant land at a site that also includes a Corn Ed :substation for parking
for six (6) vehicles. Any such lease to the City would limit the City's
use of the property to parking for the adjacent redevelopment project.
Such leasing of this property to the City would be subject to any
requisite regulatory approvals, safety and access conditions and
ComEd would retain the right to terminate the lease if such, property is
required by Com Ed.
M. Emergency Construction Work in the Public Right of Way
In the event of an emergency, if prior acquisition of formal authorization
is not possible, ComEd or any person acting on its behalt, may •
undertake the emergency work without first acquiring formal
authorization, provided that ComEd shall apply for such formal
authorization at the earliest reasonable opportunity; typically within 7
hours, but not to exceed 10 business days.
N. Notification of Cutoff Electric Service Customers
ComEd agrees to provide the city with the available monthly list of
electric service cutoffs (of customers that have been cut for more than
30 days) by address. ComEd reserves the right to modify this process
if legal or regulatory changes occur, but not without notification and
discussion with the city.
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