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HomeMy WebLinkAboutMinutes 1993Approved Members Present: Members Absent: Energy Alternatives Task Force Meeting of January 7. 1993 Minutes Anne Dienner, Roseanne Dineen, Bill Hartgering, David Kraft, Ned Lauterbach. Charles Lippitz, Ed Pabst. Norm Raedle, Jan Schakowsky. Jim Suhr None Presiding Official: Jim Suhr, Chair Alderman Present: Sue Brady, Jean Esch, Anny Heydemann, Cheryl Wollin Staff Present: Eric Anderson, Dennis Marino Guests Present: Howard Lerner. Business and Professional People for the Public Interest Summary of Action The meeting was called to order at 6:30 P.M. by Chairman Jim Suhr. Communications Mr. Suhr ackowledged four communications: proposed Illinois Commerce Commission order concerning reliability; a Nuclear Energy Information Service press release and a Greepeace Report concerning the economic impact of nuclear power; an Evanston Review Article describing the December 23. 1992 Meeting of the Task Force and; a letter from Commonwealth Edison concerning ongoing electrical service and proposed improvements. Rosanne Dineen asked Eunice Collins if she was aware of the ICC timeline for consideration and adoption of the proposed reliability standards. Ms. Dineen also asked how long would be required for the proposed standards to be implemented if the ICC were to adopt the proposed order. Ms. Collins responded that the ICC is not likely to adopt the order for some time and that she would inquire as to the amount of time required to meet the standards if they were to be approved. Rosanne Dineen also requested information concerning any filings by Com Ed with the ICC concerning this proposal. Jan Schakowsky recommended that the City testify when public hearings occur concerning the reliability standards proposal. Jim Suhr concurred. It was agreed by consensus of the Task Force that Evanston should be an intervenor and testify at the appropriate time. Members next discussed the appropriateness of entering executive session to discuss the impact upon Evanston of the decision of the Illinois Supreme Court in the case of AT&T v Arlington Heights. Bill Hartgering moved that the Task Force enter executive session because he did not want someone from Com Ed present when he is discussing a strategy for negotiations. Charles Lippitz provided a second. Jan Schakowsky objected to entering executive session stating that the time for open discussion of the issue was long overdue. She added that negotiating goals and objectives are not legitimate executive session items. Charles Lippitz stated that executive session was appropriate because the City was involved in pending litigation with Com Ed. He added that it would be unwise for negotiating strategy to be discussed in public. Rosanne Dineen observed that the Task Force had voted to make the negotiating goals public, but that it should discuss legal issues in executive session. Bill Hartgering added that most of the discussion tonight will take place after pending litigation is addressed in executive session. The Task Force, on a roll call vote, approved the motion to enter executive session (7:00 P.M.) on an B-2 vote (Kraft and Schakowsky dissenting). The public meeting was reconvened at 7:30 P.M. Jan Schakowsky introduced Howard Lerner, General Counsel for Business and Professional People for the Public Interest, who she had invited with the agreement of Jim Suhr to address the Task Force. Ms. Schakowsky stated that she had asked Mr. Lerner to address the difference in the posture of the City under two distinct options: an extension of the franchise or going naked (without a franchise). She added that it had been represented by some members that there is no difference between going naked and signing the six year extension. Howard Lerner began his presentation by questioning the need for six years for the City to decide whether or not to municiplize its electric system. He added that there were four issues that the City must address: the price of wholesale power; a demand side management strategy; the cost of condemning the existing electric distribution system and; the management plan for operating the system. Ned Lauterbach asked Mr. Lerner to estimate the cost of these studies. Mr. Lerner suggested several sources to contact for cost estimates. Ed Pabst stated that some local institutions were shifting to co -generation, leading to a concern that a municipal system or Com Ed could be left with primarily smaller electrical users who are uneconomical to serve. Mr. Lerner responded that Com Ed rates are so high that smart electric users were investing in co -generation or were purchasing power wholesale. From a municipal utility perspective, he added, the extent to which one wants to encourage co -generation depends on the extent to which it is desirable to generate more power locally through co -generation. Eric Anderson asked if one could project long term wholesale power rates with confidence. Howard Lerner responded that the electric power market is very fluid. He added that projections beyond ten years were not reliable and that projections for a five year period were more reliable than for ten years. Mr. Anderson stated that if a municipal electric utility encourages co -generation, it could lose customers and lose the ability to pay off bonds. Mr. Lerner responded that this was an issue, but a municipal electric utility could also be able to reduce its wholesale power purchases if demand is reduced via co -generation. 2 u n ., n 1 W u , . II c lo, ,m I Ili ". ell III. , . ii lit Y . u Y IY ill .I Charles Lippitz asked Mr. Lerner how the City would arrive at the point where it can make an effective analysis for the long term about which option to choose. Mr. Lerner responded that consultants can make projections for 5-20 years and that there is more reliability in the five and ten year projections. Jan Schakowsky asked Mr. Lerner to address the distinctions between renewing the existing franchise and going naked. Mr. Lerner stated that the six year extension had several problems including: a lost opportunity to capture savings for consumers if a municipal system had been established; an expectation of continued service for at least six years by Com Ed which could lead to a lawsuit if the City attempted to municipalize the system and; an increased price in the cost of the distribution system via condemnation because the value of the extended franchise will increase the system's value. Several members of the Task Force stated, 1n response to Mr. Lerner's comments. that they had assumed, based on the opinion of Jack Siegel, that the City could exit the six year franchise in order to municipalize the electric system. Rosanne Dineen added that Mr. Siegel had commented that Com Ed could sue for breach of contract if this occurred although such a lawsuit was not given much weight. Charles Lippitz added that the franchise is non-exclusive. In response. Howard Lerner suggested that the members secure a legal opinion from a condemnation attorney. He added that he was not prepared to render a legal opinion. Jan Schakowsky stated that extending the franchise affects the City's ability to exercise the power of eminent domain and the ultimate price of the distribution system. She added that the debate about extending the franchise has centered around dollars. Eric Anderson responded that the City did not have a legal opinion indicating that the price of the distribution system would increase as a result of the City signing a six year franchise extension. David Kraft noted that Jack Siegel had issued an opinion that another utility would require a certificate of convenience and need from the Illinois Commerce Commission to serve Evanston despite the non - exclusive nature of Evanston's franchise with Com Ed. Howard Lerner added that there is a premise in Illinois that one does not have competition in service areas. Norm Raedle stated that Mr. Lerner had substantial experience with the ICC. He also noted that proposed reliability standards were under consideration and that the Task Force had repeatedly asked Com Ed for data concerning the distribution system and had been rebuffed repeatedly. He asked if the ICC, given the current discussion about reliability. would listen to Evanston's request for information. Mr. Lerner responded that the ICC is conducting proceedings on reliability generated by pressure placed on the Commission. He added that the Commission was desirous of hearing the opinions of municipalities. He encouraged Evanston to attempt to secure the needed information through the discovery process. David Kraft next asked Mr. Lerner the likelihood of the Illinois Supreme Court granting the petition for rehearing in the AT&T case. Mr. Lerner responded that the Supreme Court rarely grants or considers rehearing petitions, however, the reaction of the Court is inherently unpredictable. 3 Bill Hartgering reiterated his view that the flexibility of the City 1s the same under the six year franchise extension or operating without a franchise. He asked Mr. Lerner to explain why he believed there was a basic difference in the City's flexibility under the two options. Mr. Lerner stated that if the City goes bare now, Com Ed has no legitimate expectations of long term service nor rights. If the franchise extension is signed. Com Ed will contend that it does have legitimate expectations. Mr. Hartgering responded that if Com Ed improves the system during this period, then the City should expect to pay for the added value. but he questioned what other value mould be added. Mr. Lerner responded that there would be continued hagglings with Com Ed over the six year service expectation. David Kraft added that there is a Chicago precedent where Edison raised the issue of stranded investment to increase the cost of acquisition of the system. Eric Anderson clarified that the City cannot merely opt out of the extension at any time during the six year period unless it pursues municipalization. The City may opt out during the 75 day window or it may opt out at any time to condemn and municipalize the system. Bill Hartgering asked if the City would be in breach of the franchise extension if it were to be prepared to municipalize in two years. Mr. Anderson responded that the City would not be in breach, but Com Ed may sue anyway. Ned Lauterbach asked Mr. Lerner if there were other advantages of going bare. Mr. Lerner responded that the primary advantage was to move on the municipalization option in less than six years. Ned Lauterbach added that it may take six years to have the necessary funding available to complete the studies. Jim Suhr thanked Howard Lerner for his presentation and a brief recess occurred. At 8:43 P.M., the meeting reconvened and Bill Hartgoring reminded members that in in order to municipalize the system, according to Duncan and Allen, a referendum was required by state law. He stated that there was a timing question involved so that the referndum could occur before the 75 day window to opt out expired. Eric Anderson responded that if the City Council feels the need to municipalize at the end of the franchise extension, then he would recommend that the Council opt out. Alderman Sue Brady commented that if a referendum is binding and municipalization wins, then the Council must opt out of the franchise. Members next clarified the procedures which are likely to be followed during the January llth City Council Meeting. Eric Anderson explained that there are two separate proposed ordinances on the Council floor, ORD 111-0-92 which extends the 1957 franchise for six years, and ORD 112-0-92 which adopts the NWMC Franchise at the conclusion of the six year extension withg a 75 day opt out period. Rosanne Dineen moved that the Task Force recommend the adoption of 111-0-92. Charles Lippitz provided a second. 4 I k1 Al, Jan Schakowsky stated that she was opposed to the six year extension because she believed that the municipalization option studies should take no more than two years. She added that the City would be in a stronger position without the added encumberance of a franchise. Ned Lauterbach questioned how fast the City could fund and complete the needed studies especially if free electricity was Jepordized by going without a franchise. He asked that the City Manger present the best case secenario under both options: going bare and; extending the franchise for six years. Mr. Lauterbach also asked Mr. Anderson if he would recommend funding for the group that succeeds the Task Force. Eric Anderson summarized the best case if the City were to go naked as follows: the AT&T v Arlinq#nHeig is case is upheld and Com Ed accepts the City's position on the rights of way charges; the City would lose $30.000 in free electricity for the period between the expiration of the old franchise and the passage of the ordinance authorizing fees for the use of rights of way; the City would lose $50,000 annually because of the higher rates charged by Com Ed for water pumping without a franchise (made retroactive to March 1992); This results in a $180.000 loss to the City over two years. Mr. Anderson next presented a worst case scenario assuming that the City were to go naked which included a $440.000 loss in the first year and a $400.000 loss in the second year with the additional costs due to the assumption that the City would lose all free electricity due to Com Ed's litigating the rights of way fees and related legal expenses.( $350,000 annual free electricity, $50,000 water pumping differential, and $40.000 in legal expenses). Mr. Anderson added that under a franchise extension, there will be no loss of free electricity. This is both the best and the worst case. Mr. Anderson stated that it was his responsibility to run the City's business. He added that in the proposed 1993-94 Budget, there will be no increase in property taxes nor any increase in employees' wages and 21 positions have been eliminated. Mr. Anderson commented that the proposed capital improvement budget includes $300.000 in funding for energy alternatives studies over a three year period ($0 - Year 1; $200.000 - Year 2 and $100,000 - Year 3). He added that if he also had to confront the loss of revenue imposed by going naked, a major revenue gap would occur. Bill Hartgering asked the source of the $68,000 appropriated to fund the Power Supply Study. Mr. Anderson responded that it was excess funds from the capital improvement budget. Charles Lippitz stated that he believed that if the City were to go naked, the financial situation would be somewhere between the two cases, neither best nor worst case. Norm Raedle commented that he was perplexed that the Task Force had another recommendation on the floor, yet it had not addressed the recommendation it had made to the Council in November and reaffirmed in December. Rosanne Dineen responded that she was proposing to change the recommendaticn to follow the manner in which the Council is considering the franchise extension. Mr Raedle stated that the Task Force would have to first rescind its initial recommendation if it were to vote for the motion on floor. Rosanne Dineen responded that the motion on the floor does not necessarily conflict with the initial recommendation. 5 Alderman Heydemann commented that she wanted clarification form the Task Force concerning whether the six year extension is preferable to going naked. She acknowledged the 8-1 vote in December reaffirming the November recommendation to adopt the Manager's and Negotiating Team's recommendation, but the testimony she had heard during Council Meetings appeared to have a number of qualifiers. Jan Schakowsky stated that 1t was Eric Anderson's job to watch the City's budget, but it is the Task Force's responsibility to represent the electric ratepayers of Evanston who pay $50 million annually to Coo Ed. She added that there has been hestitation at City Council to fund the needed studies, now the Manager is not willing to recommend money for studies during the first year of the franchise extension. If this occurs, she added, Com Ed had won and the issue of municipalization studies has been placed on the back burner. Ms. Schakowsky concluded by stating that in the context of things, we are talking about pennies. Ned Lauterbach stated that if the Task Force wants studies completed, then it is easier to do with a franchise extension. Chales Lippitz commented that the City Council may be getting what appears to be a confusing statement from the Task Force. Although the Task Force has recommended the adoption of the Manager's recommendation, nobody likes the opt out provision. The Task Force's discussions have represented an honest expression of the way we feel on a difficult question with no clear answer. Ed Pabst stated that the best case statement presented tonight assuming the City goes naked is a substantial understatement of financial risk. On a roll call vote, the Task Force voted 7-3 in favor of recommending that the City Council adopt Ordinance 111-0-92 ( Aye: Wenner, Dineen, Hartgering, Lauterbach, Lippitz, Pabst, Suhr; Nay: Kraft, Raedle, Schakowsky). Charles Lippitz moved that the City Council adopt Ordinance 112-0-92. The motion received a second from Rosanne Dineen. Charles Lippitz stated that the adoption of the NWMC Franchise at the end of the six year extension with a 75 day opt out window was the only option offered by Com Ed to outright adoption of the NWMC Franchise. He stated that this is what the City Manger has stated before the Task Force and that he has no reason to believe that Goa Ed does not mean what they say. Mr. Lippitz added that he will vote for the motion because citizens will not stand behind the Task Force if additional studies require a change in City services or an increase in property taxes. Rosanne Dineen stated that she was concerned about Com Ed using the stranded investment argument as part of possible condemnation proceedings in six years if the City adopts a 56 agreement now with a 75 day opt out provision. She added that the stranded investment argument is negligible under a six year franchise extension, but it is a substantial argument under a 56 year agreement from a financial perspective. Ned Lauterbach stated that the Task Force was voting to go naked if it votes no on this motion and that the Task Force will not have the funding to do additional studies. 6 Y i IIY Ilk lid ji ii �I�II��I1P J�i1�i 1NI1�IIliYi 1CIIildi�ll�IY IG���M David Kraft stated that the City had invested $30,000 in a $50 million issue. He added that the Task Force must tell the Council that this is the most serious community development issue for the City. He concluded by commenting that Evanston will soon have a world class library, but it is slipping into a Third World electrical distribution system. Jim Suhr stated that he is not 1n favor of endorsing the NWMC Franchise in any fashion, especially given that the Task Force had voted unanimously to oppose the Model Franchise when it was issued. He added that he was sympathetic on the budget and he did not want taxes to increase, but he believed that there had not been much progress on several issues. He concluded by stating that Coro Ed has to do more to prove to the people of Evanston that they are worthy of our support given that we are customers, not someone to be snubbed. Bill Hartgering stated that it was difficult to ignore the realities of the free electrical service at risk which on a worse case basis, could represent an accrual of $1.4 million. He questioned the purpose of the financial risk of going naked, especially when the funds available could be used for the purposes David Kraft and others had proposed. He added that it would be more difficult to obtain the funding for the additional studies without a franchise. He concluded by stating that it is irresponsible to not recommend adoption of both ordinances given the financial risk invloved with going naked. Ed Pabst asked what the City's staus would be in five years if the Council opted out of the six year extension. Eric Anderson responded that this would be the same as the situation on March 5. 1992 when the 1957 franchise expired. Jan Schakowsky stated that she was responding to Bill Hartgering's remark that it was irresponsible for the City to not adopt both ordinances by contending that it would be irresponsible for the City to sign on with Com Ed for 56 years. Bill Hartgering responded that in five years the City can reexamine its decision. Charles Lippitz stated that he wanted to fund the additional studies and that the reality of the situation demanded that the City remain involved with Coo Ed even though he sympathized with the statements made by others on the Task Force. The Task Force voted 6-4 on a roll call vote in favor of recommending that the City Council adopt Ordinance 112-0-92 (Aye: Dienner, Hartgering, Lauterbach. Lippitz, Pabst, Raedle; Hay: Dineen, Kraft. Schakowsky, Suhr). Ned Lauterbach moved that the Task Force recommend to the City Council that it provide funding for an Alternative Energy Commission in an amount not to = z= exceed $300,000 in the next three years in addition to the $68,000 already appropriated. Rosanne Dineen provide a second to the motion. David Kraft stated that the basis of the $300,000 needed to be explained to the City Council with a detailed budget and work plan. Ned Lauterbach stated that the Task Force needed to present the detail suggested by David Kraft in Hu 90 days._ The Task Force voted in favor of Mr. Lauterbach's motion 8-2 on a roll call vote (May: Kraft, Raedle) 7 -,- . M"MM Ed Pabst asked that the transmittal to City Council reflect that many Task Force members voted for adoption because of the large sum of money at risk. Nora Raedle suggested that the Task Force vote this evening had reaffirmed its previous recommendations to the City Council. Rosanne Dinnen and Anne Dienner agreed to work on the proposed ICC reliability standards and to report at the next meeting. A subcommittee was formed to work on the detailed recommendation to Council which is due during the first week of March, 1993. Members include. David Kraft, Ed Pabst, Ned Lauterbach, Jim Suhr and Rosanne Dineen The meeting was adjourned at 10:20 P.M. Dennis Marino Economic Development Planner ii u n Ilk a aild'Iln Ji'd1l Members Present: Members Absent: Presiding Official: Staff Present: Summary of Action Approved Energy Alternatives Task Force Meeting of February 4. 1993 Minutes Rosanne Dineen, David Kraft, Charles Lippitz, Ed Pabst, Jan Schakowsky. Jim Suhr Ann Dienner. Bill Hartgering, Ned Lauterbach, Norm Raedle Jim Suhr. Chairman Judith Aiello. Dennis Marino The Meeting was called to order at 7:OS P.M. Ed Pabst moved approval of the minutes of Meeting of January 7th with four revisions. Charles Lippitz provided a second to the motion and the minutes, with revisions, were approved unanimously. Jim Suhr stated that Mayor Barr had convened a new Negotiating Team and that negotiations with Commonwealth Edison had been reinstituted. Jan Schakowsky asked what the nature of the discussions had been with Com Ed. Judith Aielllo stated that all discussions with the Negotiating Team had been in Executive Session. Ms. Schakowsky stated that she had assumed that the position of the City reflects the position of the City Council which is to secure a six year extension of the franchise. Judith Aiello confirmed that this was the case. Coaauni cati ons Mr. Suhr acknowledged receipt of the City Council Minutes of January 11, 1993 and the January 13, 1993 &11 Street Journ l article describing actions of Public Service Co. of New Mexico that include dropping opposition to retail vheeling, selling excess generating capacity and laying off staff. Mr. Suhr reported a conversation with Pat Frank of the Environmental Control Board where Ms. Frank expressed regret that the subcommittee created to address a City wide energy policy had not progressed. A meeting is expected in February concerning this issue. .. of ,. I� Idi ii dli Ali .. u i u � � IYII IU�YiIWWiIi� EI ��i Y9L�lYglliil ll�II IIYII���i Proposed State Legislation — Disclosure of Condition of Equipment and Facilities Jan Schakowsky reported on proposed legislation to require utility companies, except for telephone companies. to disclose information concerning the condition of plant and equipment. She reported on a meeting between Citizen Utility Board representatives and representatives of the Task Force concerning this subject and the need for a state statute concerning retail wheeling like the New Mexico situation. Ms. Schakowsky stated that she had also discussed the proposed legislation with the Northwest Municipal Conference and other possible supporters. Judith Aiello suggested that the Task Force consider sponsoring a meeting to inform other municipalities of this development. Ms. Schakowsky added that it would be important for a representative of the Task Force to testify when the bill goes before the Public Utilities Committee. Ms. Schakowsky also reported that CUB staff believes that the City of Chicago received more information concerning the distribution system than Evanston had received from Commonwealth Edison. She added that Sue Stewart of CUB would confirm if this is correct. Next, Rosanne Dineen discussed the ICC Docket concerning proposed reliability standards which has been under review for almost one year and has included forums which are basically evidentiary hearings. Ms. Dineen reported that a hearing was proposed for the South Austin neighborhood in Chicago, which she recommended that a representative of the City of Evanston attend and submit testimony. She added that the City could also become a formal intervenor with the ICC which should not cost anything. She concluded by stating the docket will close and be decided within the next twelve months. Staff agreed to contact South Austin representatives to determine when the hearing would occur. Jim Suhr reported that the utilities have been heavily involved in fighting this proposed reliability rule. Jan Schakowsky moved that the Task Force recommend to the City Council that the City of Evanston became a formal intervenor on the proposed docket issue. Ed Pabst provided a second. Rosanne Dineen asked what would be provided to an Intervenor. David Kraft responded that the City would receive all documents that are filed concerning the docket as well as have the right to question the parties and secure information through a discovery process. Judith Aiello stated that she would confirm whether the Nib had intervened on the reliability proposal. Members expressed interest in intervening directly even if the Nib had intervened. Franchise Fees and Free Electricity Dennis Marino reported that the ICC docket proposing to require that the cost of free electricity and franchise fees granted to a municipality be added -back into that community's rate base, would not be acted upon until this steer - according to an ICC Nearing Examiner. Mr. Marino stated that the City of Chicago had filed two motions with the ICC hearing Examiner concerning the docket. One motion requested that the proceedings be stayed pending outcome of a related court case. The second motion requested that real estate taxes be included -in the docket as well as free electricity and franchise fees. Both motions were denied by the Hearing Examiner and have been appealed to the ICC. 2 Discussion of Planned Report to the City Council in March, 1993 Jim Suhr began the discussion by updating members that there is $62,000 available from the funds previously appropriated for the R.W. Beck Study. In addition, City Council was considering the addition of $38,000 to the remaining funds from the Beck study so that a total of $100,000 would be available for energy alternative studies in FY 1993-94. Additional funds for alternative energy studies have been included in the proposed Capital Improvement Budget in the amounts of $200,000 for 1994-95 and $100.000 for 1995-96. Mr. Suhr reported that he had discussed with David Kraft and Ed Pabst the most desirable way to proceed. Ideally, if the City had the necessary funding, it would be desirable to commission all the studies simultaneously. Another philosphy is to move forward with the R.H. Beck Study. A third approach might be made to wait nine months until the ICC rate cases are decided. David Kraft stated that he believed an integrated study with a compressed timeline was the proper way to proceed. He added that the piecemeal approach that the City had taken was not working. Jim Suhr stated that perhaps Stanley Consultants could be asked to assist the Task Force in structuring an appropriate work plan. Dennis Marino, upon questioning by Mr. Suhr, reported that there was $500 remaining of the funds appropriated to fund Stanley's previous York. Ed Pabst stated that he would like to do one study. He questioned if the power supply study and an appraisal of the system could be done for $100,000? Judith Aiello responded that she did not believe that it was possible. Rosanne Dineen concurred. Mr. Pabst next questioned what additional work could be accomplished by Beck for an additional $30.000. After discussion and clarification about the proposed funding of the energy alternatives studies. Charles Lippitz observed that there had been discussion by Council members that the studies could be completed in two years, yet he was hearing tonight that the full funding for the studies will not be available for five years. He stated that this was a contradiction. Mr. Lippitz added that the Task Force's report to the City Council should state clearly that if sufficient funding were available now, then the timetable for completion of studies would be considerably less than five years. Given the funding proposed, the Task Force would be required to postpone aspects of the study that could be completed earlier. Jan Schakowsky stated that the thorniest problem is the evaluation of the system. She added that Howard Lerner had indicated that the power supply issue is not a big issue, that power is available. Ms. Schakowsky concluded by stating that she would prefer to move ahead with the evaluation of the system instead of the power supply study. Members next discussed the various methods to secure the needed information for the evaluation and appraisal study, including a final formal request of Com Ed. and the Impact of the possible passage of the proposed equipment and system disclosure legislation discussed earlier_ Ed Pabst concurred with Jan Schakowsky's proposal to go forward with the evaluation of the system. given that the Task Force already had information on the possible power supply. 9 ,.i "I ,�iwll WWI .+iaYmi .la a 1, unlui .. ,1., II 1 i, a 11, IIIIF 6." .. Jim Suhr suggested that the Task Force recommend to Administration and Public Works Committee, the most logical procedure for the additional studies, with the flexibility to shift steps depending on changing conditions. The Committee agreed with this approach by consensus. Ed Pabst stated that he was concerned that the City would lose 2-3 months if we shifted to the Evaluation Study next because of the lost time due to new RFP's and evaluation of RFP's. Consequently, he was abandoning this approach. Instead, he suggested that Beck might be asked to do some preliminary appraisal of the system with the additional $30.000. Rosanne Dineen returned to the suggestion that Stanley Consultants be brought in to study the logical procedure for the studies. She added that the current work plan was devised three years ago by Duncan and Allen and that conditions had changed. Ed Pabst stated that he was concerned about the amount of time and money that would be required. Jan Schakowsky stated that she did not object to bringing in Stanley, but that it should occur quickly. Ms. Schakowsky reiterated that the evaluation of the system is the core Issue. Ed Pabst suggested that Stanley be asked what could be done concerning the evaluation of the system for $100.000. Chuck Lippitz concurred with the suggestion to involve Stanley in the development of the work plan before going to the City Council. Mr. Lippitz asked when the capital budget would be allocated and approved. Judith Aiello responded that the Council would approve the 1994-95 capital budget in February 1994. Mr Lippitz responded that contracts for those funds could then be executed in March, 1994. Ms. Aiello concurred. Jim Suhr summarized the direction of the Task Force: first contact Stanley and update where we are on this issue; then schedule a working meeting with Stanley and the Task Force to discuss the work plan. He requested that Stanley be provided with relevant documents and minutes to bring them up to speed. The meeting was adjourned at 8:28 P.M. �a Dennis Marino Economic Development Planner ' I APPROVED ENERGY ALTERNATIVES TASK FORCE MEETING OF MARCH 4, 1993 MINUTES Members Present: Ann Dienner, Rosanne Dineen, Hilliam Hartgering, David _Kraft, Ed Pabst, Norm Raedle Members Absent: Ned Lauterbacty, Charles Lippitz. Jan Schakowsky, Jim Suhr Presiding Official: Rosanne Dineen, Acting Chair Staff Present: Judith Aiello. Dennis Marino Guests Present: Richard Hutmacher and Ken Jacobs. Stanley Consultants Summary of Action Approval of Minutes The meeting was convened at 7:35 P.M. Ann Dienner moved approval of the draft minutes of February 4. 1993. Charles Lippitz provided a second and the minutes were approved unanimously. Communications Rosanne Dineen reported a planned open house at Evanston Township High School on March 7, 1993 to tour the new co -generation facility. Norm Raedle commented that the recent article in the Nail Street Journal about Public Service Company of New 14exico demonstrated how this utility is reacting to the marketplace by changing its direction in order to become competitive. He added that the debate continues within the City of Albuquerque as to whether the utility (PSCNM) will be the provider of electricity under a new franchise agreement or if another utility will provide service. David Kraft referred to a series of publications about strategic planning and a Cogeneration Journal that the City might want to consider acquiring. He also noted that Potomac Power will eliminate 58% of its planned expansion 1n,power generation by implementing a conservation program. Rosanne Dineen stated that the City Council had approved $100.0DO in funding for alternative energy studies in Fiscal Year 1993-94. This includes funds which had been previously -approved for the Power Supply Study. She added that an additional $300,000 has been included in the capital ioprovement budget over a three year period. ' Update - Proposed Legislative and Regulatory Actions Rosanne Dineen reported that State Representative Schakowsky intends to draft legislation concerning the disclosure of distribution and transmission system information by utilities. This will be submitted to the Public Utilities Committee and should be acted upon by June 30th. Ms. Dineen also stated that the City Council had approved the Task's Force recommendation that Evanston become an intervenor in the service reliability docket drafted by the Illinois Commerce Commission. David Kraft reported that during the February meeting of the Task Force, he had announced that the ICC was planning to hold hearings on the Test Side of Chicago concerning the reliability docket. He added that the ICC now does not intend to hold any additional hearings. He suggested that therefore, Evanston should consider holding its own hearing concerning reliability and submit a transcript to the ICC. Presentation by Stanley Consultants Rosanne Dineen introduced Ken Jacobs of Stanley Engineering, which had agreed to advise the Task Force concerning procedural steps for conducting additional aspects of the municipalization studies. Mr. Jacobs introduced Dick Hutmacher, the Director of Planning for Stanley Consultants. Mr. Hutmacher recited his professional credentials which included licensure as a professional engineer and extensive experience with projects involving power supply, transmission, electric rate studies, load forecasting, demand side management, economic evaluation and engineering planning. Mr. Hutmacher stated that the decision to municipalize or not municipalize an electrical distribution system is a decision that is ultimately a combination of economic and political decisions. He added that the three critical economic activities which must be completed to develop a bottom line projection are: a power supply study, a system appraisal (value and reliability issues) and a financial projection. If sufficient funds were available, Fir. Hutmacher stated that all aspects of the municipalization study could be performed simultaneously. With limited funding available, however, he recommended that the Task Force focus upon a system appraisal initially with an emphasis upon reliability first and value secondarily. Mr. Hutmacher stated that given the history of reliability issues in Evanston, not much has been done until a reliability study occurs. Mr. Hutmacher defined a reliability study as a determination of the current status of the distribution system with regard to outages, voltage levels, overloads and other issues. The study should attempt to identify the causes of any problems in these areas and to recommend improvements in facilities and equipment to resolve these problems. Cost estimates should be provided for the recommended improvements and these costs should be added to the cost of purchasing the distribution system. Mr. Hutmacher added that he did not envision any disadvantage to conducting the valuation of the system after the improvement needs of the system have been identified. He added that the value of the system will be constant over a five to six year period. I , .i,6 ,.. , u 41,I ,, Concerning the power supply study. Mr. Hutmacher cautioned against conducting this study so far from the time when the municipalization decision is likely to be made. the availability and cost of power from a given utility may change significantly over a three to five year period. Mr. Hutmacher added. Given its time dependent nature, he suggested that the power supply study be completed as close to the municipalization decision as possible. Mr. Hutmacher stated that deferring the financial projection involved in the municipalization studies was not a major liability given that the projection would need to be revised anyway at a time shortly before the municipalization decision. In conclusion, Mr Hutmacher recommended that the components of the municipalization study be given the following priority. 1. Distribution System Condition and Reliability 2. Distribution System Financial Valuation 3. Power Supply Study a. Financial Projection Bill Hartgering asked how one would determine the reliability of the system when one does not have control of the system or access to information. Mr. Hutmacher responded that to a large extent, the effectiveness of a reliability study will depend on the cooperation of Com Ed. He stated that he assumed Cam Ed maintains outage records. He recommended that the City hire an engineer to work with Com Ed generated data to analyze outage records. to become familiar with the distribution system and to define the source of the problems. Mr. Hartgering asked if there was any reason to believe that Com Ed would cooperate or if the ICC will make them cooperate. Ken Jacobs responded that Loyola University had initiated such a study because of numerous outages on its Maywood Medical Center campus. He added that after initially examining a cogeneration option, Loyola decided to stay with Com Ed provided the distribution system was improved. Mr. Hutmacher stated that an Iowa industrial customer of the local power customer had hired Stanley to address reliability problems and to develop standards and make recommendations to improve performance of the electric company. Judith Aiello asked Mr. Hutmacher to state the level of detail that would be possible in the reliability study. Mr. Hutmacher responded that initially the City should request outage records from Com Ed. If the response is that they do not keep the outage records, then the City and its consultant would be shooting in the dark. Mr. Hutmacher added that he doubted that Con Ed would fail to maintain outage records. He also stated that he would request detailed capital improvement plans from Com Ed for the next two to three years to determine how the company plans to address its reliability problems. David Kraft asked what required reporting requirements aright exist between the industry and regulatory bodies. Mr. Hutmacher responded that the utility must file its integrated resource plan with the ICC, but it is not required to file reports that he is aware of concerning part of its distribution system. 3 W Ken Jacobs commented that Com Ed has the information the Task Force is seeking concerning outages which meet a certain threshold and are recorded at the substation level of the system. He added that Com Ed might be cooperative if the company believes that if the problem is solved, the City may not want to take over the system. Mr. Jacobs reported that Com Ed was cooperative with Loyola's consultants. Mr. Jacobs concluded by stating that the reliability study could be a benefit to the community because if nothing else happens, then at least this problem has been addressed. David Kraft stated that if he were Com Ed, he would not share information with a community considering a hostile takeover. Hr. Hutmmiacher responded that Cora Ed may believe the City will be more difficult if the company does not cooperate. Norm Raedle stated that Com Ed has a consistent track record of not cooperating with Evanston. Rosanne Dineen added that Coax Ed invited the City's consultants to view systems maps in its offices. Ed Pabst commented that it is one thing to have outage history, but he questioned how one determines the causes of the outages without access to detailed information on the distribution system. Hr. Hutmacher responded that the City is the victim of the data available and what can be obtained from Coo Ed. He added that an experienced distribution engineer can learn a considerable amount about the system by conducting a driving inspection of an overhead system, which represents a considerable percentage of the distribution system located in Evanston. Judith Aiello asked how sophisticated the outage records were that Loyola had received from Com Ed. Mr. Jacobs responded that the records included the date, length and reason for each of the outages listed. He added that fifty percent of the outages that Loyola had experienced were not included in Com Ed's records. Rosanne Dineen commented that Com Ed must have records for Evanston outages given how T of the 18 outages in Southwest Evanston were explained in detail in a letter to customers. Ann Dienner asked what had caused Loyola to remain with Com Ed as its electrical supplier. Mr. Jacobs responded that substantial improvements will be made to the distribution system to solve the reliability problems and that Loyola had concluded that the payback from cogeneration was not as substantial as it had anticipated. Judith Aiello asked if there was a threshold payback period for cogeneration. Hr. Hutmacher responded that a reasonable rate of return is dependent on the attitude and philosophy of the institutions or businesses involved. He added that some of his clients demanded a 2-4 year payback period while others were satisfied with a 6-8 year payback period. Ken Jacobs added that Northwestern University said no to a four year payback while kooseheart was satisfied with a ten year payback. Norm Raedle stated that if the City were to ask Coo Ed for outage reports now. it would probably be turned down. Hr. Hutmmaacher suggested -that the City ask Com Ed, before an RFP is issued, what to expect in the -way of cooperation on data requests. He suggested that someone who is experienced in the field accompany City officials when the request for cooperation is made of Coo Ed. Rosanne Dineen concurred with Hr. Hutmacher's recommendation. Norma Raedle asked if there was any reason to believe that Com Ed would cooperate with the valuation of the system more so than with the reliability of the system. Hr. Hutmnacher responded that he would expect the same level of cooperation. 4 Rosanne Dineen stated that one of the problems in Southeast Evanston and the Research Park has been voltage or constant voltage. She asked if a reliability study would cover this. Mr. Hutmacher responded that one of the data inquiries of Cam Ed should request voltage levels on substations and feeders. He added that data concerning loading on feeders would be important to obtain as well. Mr. Hutmacher stated that he would then attempt to estivate loads for five years and project facilities for meeting the voltage requirements. Within the context of the reliability study, Mr. Hutmacher recommended a multi —phase approach that begins with gathering data and determining the magnitude of problems to be addressed. A second phase would involve recommending a system improvement program. He concluded that sending out an RFP now without an understanding of available data might generate an expensive response. Norm Raedle asked if there were examples of consultants who were willing to take their fees over time if insufficient funds are available in a given budget year. Judith Aiello responded that the City had not done this before. Ken Jacobs stated that Stanley Consultants had performed work completed in one fiscal year and had been paid with funds from the following year. Rosanne Dineen thanked Mr. Jacobs and Hutmacher for being generous with their time in assisting the Task Force this evening. Ms. Dineeen called for a brief recess before resuming discussion of the recommendations to be submitted to City Council. The Task Force next discussed whether to proceed with the power supply study or to reverse the previously planned order of the municipalization studies and proceed first with the reliability study and financial valuation of the system. Ann Dienner stated that it is clear that the reliability study should be conducted first. She added that it is clear that one cannot estimate the value of the system until the reliability issue is addressed. Norm Raedle commented that he supports completing the reliability study, the financial valuation and the power supply study simultaneously. He added that a firm may do ail three components on a speculative basis depending on the project murk —up and staffing capacity. Mr. Raedle concluded by stating that there was only nine months until the next budget would be approved. Ed Pabst and Red Lauterbach each agreed that the reliability study should be conducted first. David Kraft concurred with Norm Raedle's suggestion that the creative financing option be explored. He added that again the Task Force had been placed in the position of putting the cart before the horse due to funding restrictions and that these restrictions were artificial and had prevented the required work from being completed. Mr. Kraft recommended that a list be developed of information needed from Cora Ed and that the City Council, instead of the Task Force, make a request of CON Ed for this information. Rosanne Dineen recommended that the City pursue reliability and financial valuation now. She added that it is advantageous to attack one phase of the municipalization process from every angle. Iv a dl{la'dlnllll_ tlm iw didL YY�d�I �Y Giai�h�I61�I,Y�dlld���llu IVY�IIa�ll IIYN 111YI II a Illi�lll Y�IYII Hs. Dineen stated that perhaps Norm Raedle's idea of creative financing combined with bridge funding from the MacArthur Foundation might enable all areas of municipalization to be pursued simultaneously. She asked Dennis Marino to comment on the possible receptivity of foundations to such a proposal. Mr. Marino responded that given that the City had approved $100,000 in funding for the studies and had included an additional $300,000 in the capital improvement plan. he doubted a foundation would be willing to provide additional funding. Nora Raedle questioned how the Task Force will answer the question of why it is switching gears and reversing the priority steps it had recommended to City Council last year. Rosanne Dineen responded that there are two reasons for switching the order of the studies: there is too Ruch rate movement occurring to finalize other aspects of the study and; the reliability and condition of the distribution system has become more of an issue recently given the outages in Southwest Evanston. Ned l.auterbach commented that the reliability study will provide valuable information even if the City does not pursue municipalization. He added that if the City were to conduct the power supply study now, it would be out of date within three years. Members agreed to meet on March 12. 1993 at 8:00 A.H. and March 15. 1993 at 7:30 P.M. to discuss recommendations to City Council im more detail and to review a draft memorandum. David Kraft stated that he would like the City to sponsor or co-sponsor a hearing on reliability during Earth Meek (April 18th). He added that testimony presented during this meeting could be entered into the ICC reliability docket discussion. The meeting was adjourned at 10:15 P.H. Dennis Marino Economic Development Planner .. inWu III h��I 'JIl lOM11i11dhIL��� i i,4hM APPROVED ENERGY ALTERNATIVES TASK FORCE MEETING OF APRIL 1. 1993 MINUTES Members Present: Ann Dienner, Ned Lauterbach, Charles Lippitz, Ed Pabst, Nora Raedle Members Absent: Rosanne Dineen. William Hartgering, David Kraft, Jan Schakowsky, Jim Suhr Presiding Official: Ned Lauterbach, Acting Chair Staff Present: Dennis Marino Guests Present: Richard Soderhol■ and Keith Thompson of R.W. Beck SUMMARY OF ACTION The meeting was called to order at 7:36 P.M. by Ned Lauterbach who served as Chair in the absence of Jim Suhr and Rosanne Dineen. Mr. Lauterbach requested that the Committee enter Executive Session to discuss pending litigation and possible land acquisition. Ed Pabst moved to enter Executive Session. Ann Dienner provided a second. All members present approved the notion on a roll call vote. At 8:38 P.M., the public meeting was reconvened. Ned Lauterbach acknowledged the following communications which had been included in the packets for this meeting: two Chicago Tribune articles, one addressing cogeneration in public schools and another summarizing Co=wnwealth Edison's experience in executing franchises; a copy of House Bill 434 Ascending the Public Utilities Act; a summary, prepared by Commonwealth Edison, of Illinois Senate Bill 770 and; a circular presenting resources for strategic planning for energy and the environment. Mr. Lauterbach asked Dennis Marino to summarize the dicussion which had occurred during the March 22, 1993 Meeting of the Administration and Public Monts Co=ittee. Mr. Marino stated that the Co=ittee had instructed staff to draft an ordinance to create an Energy Co fission consistent with the Task Force's.recndation. The receded work plan was held in Co=ittee for additional discussion. The Committee also referred the recomendation to establish an Energy Co=ission and the proposed work plan to the Environmental Control Board for count. IN 1� tl Y ,i a tl'u d. Ili II YI a 16111 i a-Al1, i II a IA LW .Mill Jli1 Ilnlli 1 INI, W,, 1 u i I I i Y YI1 JI Y III i� I� f Additional issues raised concerned (1) the priority of tasks included in the work plan after the completion of municipalization studies and (2) the willingness of business respresentatives to serve on the Commission. Mr. Marino reported that Rosanne Dineen had responded by stating that beyond the municipalization studies, the Task Force had not assigned priority order to the additional tasks. Ms. Dineen also responded that business and professional representatives have been made aware of the Task Force's recommendation to establish a Commission, but that no one had been asked to make a commitment. Dennis Marino requested one or more members to be present during the next meeting of the Adminstration and Public Works Committee, since Ms. Dineen would be unavailable. Charles Lippitz and Mors Raedle volunteered to represent the Task Force. At the request of Mr. Lauterbach, Dennis Marino summarized the outline of the proposed Energy Commission which was intended to be a precursor to a draft ordinance to be prepared by the Law Department. Members suggested several changes in the language presented which staff agreed to transmit to the Law Department. Worm Raedle asked if the Task Force was permitted to meet outside the Civic Center. Dennis Marino responded that all meetings are required to be in public buildings such as City —owned recreational facilities or public schools. In response to a question from Mr. Lauterbach, Dennis Marino stated that he would check on requirements for special public notice if a meeting occurs outside the Civic Center. The meeting was adjourned at 9:13 P.M. Oennis Marino Economic Development Planner Wes_ -ems_ 1i ~ DRAFT - NOT APPROVED ENERGY ALTERNATIVES TASK FORCE MEETING OF MAY 13, 1993 MINUTES Members Present: Ann Diener, Rosanne Dineen, William Hartgering, David Kraft, Charles Lippitz, Ed Pabst, Norm Raedle Members Absent: Ned Lauterbach, Jan Schakowsky, Jim Suhr Presiding Official: Rosanne Dineen, Acting Chair Staff Present: Judith Aiello, Dennis Marino Summary of Action: The Meeting was called to order at 8:10 P.M. by Rosanne Dineen. The Minutes of the Meeting of April 1, 1993 were approved as drafted by unanimous vote. Members discussed the approval by the City Council of the creation of the Energy Commission. In response to questions from members, Judith Aiello stated that applications for appointment to the Commission are available from the City Clerk's Office. She added that a notice will be published in the Evanston Review encouraging all citizens to apply for available openings on all City Boards and Commissions, including the Energy Commission. Norm Raedle suggested that the Chair of the Task Force might want to consider sounding out which of the current members of the Task Force want to be considered for appointment to the Energy Commission. He stated that this needed to be done independent of the Mayor and the ZyAnston gym. In addition, he added, the group might have certain names to suggest. Ed Pabst stated that he would recommend that five members of the Task Force be appointed to the Energy comumission.�M$. Dineen polled members present to ascertain their interest in possibly serving on the Energy Commission. David Kraft stated that he would like to -2- serve on the Commission. Charles Lippitz, Ann Dienner, Ed Pabst and Norm Raedle each stated that they would not like to serve on the Energy Commission. When asked by Ms. Dineen, Bill Hartgering stated that he needed more time to consider his response. Rosanne Dineen also expressed an interest in possibly serving on the commission. Norm Raedle suggested that each of the members who do not want to serve should propose a new person to be considered for appointment to the Commission. Individual members suggested several names for consideration: Bud Nesvig, Ray O'Leary, David Grumman, David Ramsay, Mort Denlow. Charles Lippitz moved, that to the extent possible, that five members of the Commission should be members of the Task Force. Ann Dienner provided a second. Members voted unanimously in favor of this motion. Members next discussed the need for a technical advisory person. They agreed that a letter should be sent to Northwestern University requesting pro bono assistance from the Engineering Department. Members next reviewed the revised draft of the proposed work plan for the Energy Commission and no additions or changes were proposed. Norm Raedle stated that he had objected to staff recommending that additional staffing be considered for meeting the needs of the Energy Commission. Mr. Raedle added that before raising this issue with the Administration and Public Works Committee, staff should have consulted with the Task Force. Judith Aiello stated that staff had not recommended this for approval by A & PW, but that it had been reported as a perceived need at the time when the Committee was considering creation of the Commission so that the Committee was aware that this was a possible recommendation in the future which would involve an additional expenditure. Ms. Aiello added that the staff and the Task Force had discussed the need for more in house electrical engineering experience when the additional studies of possible municipalization are pursued. Rosanne Dineen commented that the need for more expertise in general had been discussed previously by the Task Force. Ed Pabst stated that perhaps the approach to Northwestern University would address this need. He added that if additional staff is to be hired, he does not want the funds to be drawn from the budget for ongoing municipalization studies. Members next discussed the linkage between the Environmental Control Board and the Energy Commission. It was agreed that the transition process from the Task Force to the Energy Commission should include appropriate steps to insure that the issue of energy conservation is cooperatively addressed by both groups. -3- The responsiveness of Commonwealth Edison to ongoing requests by the City for information about the nature and condition of the electrical distribution system within Evanston was addressed by several members and Eunice Collins of Commonwealth Edison, who was present in the audience. Bill Hartgering stated that he was tired of Com Ed's continuous unresponsive answers to critical information requests which ranged from "the information is not available in the form requested" to other non -responsive answers. He questioned how Com Ed expects the City to sign a franchise agreement when Com Ed does not cooperate in this basic area. Eunice Collins responded that the request for information is not a current issue and that if the Task Force desires it to be current, then it should make it a current issue. She added, however, that provision of the information involves an extraordinary cost to Com Ed and the City should be prepared to cover this cost. David Kraft proposed securing this information through the Illinois Commerce Commission via the electrical reliability docket under consideration if Com Ed is not willing to provide the information directly to the City. David Kraft initially proposed a motion to secure this information via the ICC, but withdrew the motion pending Com Ed's response before the next Task Force Meeting. Eunice Collins stated that a focus on the reliability issue instead of the valuation issue may generate a different response from Com Ed. Charles Lippitz proposed that the Negotiating Team be apprised of _ this discussion and that it be encouraged to pursue disclosure of appropriate information. i David Kraft reported on the Reliability Forum sponsored by the Nuclear Energy Information Service as part of Earth Week. He stated that eight people showed up and discussed outage problems. Mr. Kraft distributed a post card information form which can be used by citizens to report outages. He also proposed that the City consider co -sponsoring a meeting with NEIS on the subject this summer. Norm Raedle reiterated his desire to cause the Task Force to meet in different neighborhoods of the City and for citizens to be encouraged to attend and comment about electric service. He asked that the Energy Commission strongly consider doing this based upon the report from City staff that this was possible, provided that the meetings occur in public space accessible to all citizens. -4- David Kraft commented upon legislative initiatives in Springfield, focusing upon Com Ed's effort to establish a subsidiary that will specialize in co -generation and other specialized services. He stated that he was concerned that this vehicle might provide an opportunity for Com Ed to skim the best candidates for co- generation off the rate base, leaving less profitable small users to be served by a potential municipal operation. Mr. Kraft recommended that adequate oversight needs to be built into this operation and that the City should seek to influence the process through its legislative representative. Bill Hartgering stated that he hoped the Negotiating Team is aware of this development and is examining the implications of the proposed legislation. Eunice Collins responded that there is no connection between the franchise and the subsidiary issue and co- generation. She added that the proposed legislation provides Com Ed with another entity to help customers choose among the technologies available. Rosanne Dineen acknowledged a recent newspaper article which discussed Northwestern University's ongoing efforts to consider cogeneration. She stated that she had received information that this was not going to occur. Ms. Dineen asked that the City establish a liaison on this subject with the University. Charles Lippitz asked how the Energy Commission would communicate with the Negotiating Team. He stated that the communication between the Commission and the Team needed to be more substantial than it has been between the Task Force and the Negotiating Team. Bill Hartgering moved that the Task Force recommend that the Chair of the Energy Commission become an ex officio member of the Negotiating Team. Charles Lippitz provided a second. The motion was approved by all members present except Rosanne Dineen who abstained. Ms. Dineen stated that she wanted to consider this issue more carefully, commenting that there is some value in the existence of a wall between the two bodies, but yet there is value in considering reasonable theoretical options in the context of negotiations. Bill Hartgering moved to enter Executive Session at 9:58 P.M. to discuss pending litigation. Ed Pabst provided a second. Members agreed to reconvene after a ten minute recess. The Public Meeting was reconvened at 10:34 P.M. and adjourned at 10:35 P.H. Dennis Marino Economic Development Planner