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HomeMy WebLinkAboutPACKET Light and Power 1992-10-013 AGENDA Light and Power Committee October 1, 1992 8:30 a.m., Board Room 1. Public Service Co. Gas Franchise Review of Revised Proposed Franchise Agreement 2. Christmas Scene Restoration Discussion of Revised Bid 3. Five Year Capital Expenditure Plan-Discussion 4. Reports A. Financial Report B. Project Updates C. PRPA Energy Efficiency Task Team Update • Wholesale Rate-Purchase Power Rider D. Platte River Power Authority NOTE: The Light and Power Committee reserves the right to consider other appropriate items not available at the time the agenda was prepared. --7. TOWN OF ESTES PARK GAS FRANCHISE CALENDAR (Newspaper - Estes Park Trail Gazette - Published Wednesday and Friday) (Board Meetings - 2nd and 4th Tuesday at 7:30 p.m.) EXPLANATION OF EVENT September 18, 1992 Submit Notice of Application to the Estes Park (Friday) Trail Gazette for publication. September 25 1992 Publish the Notice of Application for Franchise October 2, 1692 in the Estes Park Trail Gazette. Obtain two sets October 9, 1992 . of Affidavits of Publication. (C.R.S. 31-32-102) First Board Meeting File the Notice of Application for Franchise, the October 13, 1992 proposed ordinance ana one copy of the Affidavits (Tuesday) of Publication with the Clerk. Read in full the proposed ordinance. (C.R.S. 31-32-103) The Board shall order the Notice of Further Consideration and the proposed ordinance published. (C.R.S. 31-32-103) October 23, 1992 Submit Notice of Further Consideration and the (Friday) Droposed ordinance to the Estes Park TriTI bazette for publication. October 30, 1992 Publish the Notice of Further Consideration and November 6, 1992 the proposed ordinance. Obtain two sets of Affidavits of Publication. (C.R.S. 31-32-103) Second Board Meeting File one set of the Affidavits of Publication of November 10, 1992 the Notice of Further Consideration and the (Tuesday) proposed ordinance with the Clerk. (C.R.S. 31-32-103) Read in full and adopt the Ordinance. Adoption shall require the concurrence of a majority of all of the members of the governing body or the Municipality. (C.R.S. 31-3,2-103 and 31-32-104) November 12, 1992 Present the Ordinance within 48 hours,after Board (Thursday) action thereon to the Mayor for his signature anproving the Ordinance. (t.R.S. 31-16-104) Send an original copy of the signed Franchise Ordinance to the Rate Department for processing of the Acceptance by Company. AS SOON AS POSSIBLE Ordinance shall be recorded in a book kent for AFTER ADOPTION that purpose and shall be authenticated by the signature of the Presiding Officer of the governing body and the Clerk. IC.R.S. 11-16-105) Present to the Clerk for signature the Certificate and Attestation as to Introduction, Reading, Publication, Passage and Signature by Mayor. (C.R.S. 31-32-103) November 13, 1992 Submit the Ordinance and the Certificate as to (Friday) Introduction, Reading,Fublication, Passage and Signature by May9r to the Estes Park Trail Gazette for publication. 1 3- F Novqmber 20, 1992 File with the Clerk the Acceptance by Public (Friday) Service Companv of the Franchise Ordinance. Clerk shall acknowledge receipt of the Acceptance by signature. (Colorado PUC Rules of Practice and Procedure, Rule 55(c)(14)} November 20, 1992 Publish the Ordinance and the Certificate as to (Friday) Introduction, Reading -Publication, Passage and Signature by Mayor. Dublication following adoption shall be in full. Obtain two Affidavits of Publication. (C.R.S. 31-16-105 and 31-16-106) AS SOON AS POSSIBLE AFTER File with the Clerk one copy of the Affidavit of SECOND COUNCIL MEETING Publication of the Franchise after adoption of the Ordinance. Present to the Clerk for signature the Certificate of Clerk as to Transcript of All Proceedings. Send one original set of all affidavits and documents to the Rate Department to,bggin processing th* Application for Certificate of Public Convenience and Necessity. December 20, 1992 FRANCHISE ORDINANCE EFFECTIVE (Sunday) The Ordinance shall not become effective before thirty days after final publication after passage. (C.R.S. 31-16-105) January 4, 1993 (Approx.) FILE APPLICATION FOR CPCN WITH PUC (Monday) January 18, 1993 (Approx.) CPCN EFFECTIVE UPON PUC APPROVAL (Monday) 2 t TOWN OF ESTES PARK September 30, 1992 OFFICE MEMORANDUM TO: Light and Power Committee FROM: Richard E. Matzke-;r~<262- SUBJECT: Public Service Co. Gas Franchise Revised Proposed Agreement Attached is a copy of the revised gas franchise agreement with Public Service Co. The changes have been agreed to by both parties except for Article 10.3 Right of First Purchase. The wording proposed by Public Service refers to sale or disposition of real property while the Town wants to include the gas distribution system in the right of first purchase. We anticipate that this difference in principle can be negotiated prior to the first reading scheduled for October 13, 1992. The Light and Power Department recommends that we continue with the proposed schedule for consideration of the franchise agreement subject to a successful resolution of this one issue prior to the October 13th meeting of the Town Board. REM 1-1 / 1 . , BOARD BILL NO.: ORDINANCE NO.: AN ORDINANCE GRANTING A FRANCHISE BY THE TOWN OF ESTES PARK TO PUBLIC SERVICE COMPANY OF COLORADO, ITS SUCCESSORS AND ASSIGNS, THE RIGHT TO FURNISH, SELL AND DISTRIBUTE GAS TO THE TOWN AND TO ALL PERSONS, BUSINESSES, AND INDUSTRY WITHIN THE TOWN AND THE RIGHT TO ACQUIRE, CONSTRUCT, INSTALL, LOCATE, MAINTAIN, OPERATE AND EXTEND INTO, WITHIN AND THROUGH SAID TOWN ALL FACILITIES REASONABLY NECESSARY TO FURNISH, SELL AND DISTRIBUTE GAS WITHIN THE TOWN AND THE RIGHT TO MAKE REASONABLE USE OF ALL STREETS AND OTHER PUBLIC PLACES AND PUBLIC EASEMENTS AS HEREIN DEFINED AS MAY BE NECESSARY; AND FIXING THE TERMS AND CONDITIONS THEREOF. 6913 TABLE OF CONTENTS DEFINITIONS ......................... 1 GRANT OF FRANCHISE ..................... 3 2.1 Grant of Franchise ................ 3 2.2 Term of Franchise ................. 4 FRANCHISE FEE ........................ 4 3.1 Franchise Fee ................... 4 3.2 Payment Schedule ................. 5 3.3 Change of Franchise Fee and Other Franchise Terms . 5 3.4 Franchise Fee Payment in Lieu of Other Fees .... 6 SUPPLY, CONSTRUCTION AND DESIGN ............... 7 4.1 Supplv of Gas ................... 7 4.2 Restoration of Service .............. 7 4.3 Obligations Regarding Company Facilities ..... 7 4.4 Excavation and Construction ............ 8 4.5 Relocation of CompanY Facilities ......... 8 4.6 Service to New Areas ............... 9 4.7 Town Not Required to Advance Funds ........ 9 4.8 Technological Improvements ............ 9 COMPLIANCE .................... ... . 10 5.1 Town Regulation .................. 10 5.2 Compliance With Town Requirements ......... 10 5.3 Town Review of Construction and Design ...... 11 5.4 Compliance with PUC Regulations .......... 11 5.5 Compliance With Air and Water Pollution Laws ... 12 5.6 Inspection .................... 12 PUBLIC UTILITIES COMMISSION ................. 13 6.1 Public Utilities Commission Regulation ...... 13 REPORTS TO TOWN .....................•• 13 7.1 Reports on Company Operations ........... 13 7.2 Copies of Tariffs. All PUC Filings ........ 14 7.3 Emergencies .................... 14 INDEMNIFICATION OF THE TOWN ................. 14 8.1 Town Held Harmless ................ 14 8.2 Payment of Expenses Incurred bv Town in Relation to Ordinance ..................... 15 TRANSFER OF FRANCHISE .................... 16 9.1 Consent of Town Required ............. 16 9.2 Transfer Fee ................... 16 -i- PURCHASE OR CONDEMNATION .................. 17 10.1 Town's Right to Purchase or Condemn ........ 17 10.2 Continued Cooperation by Company ......... 17 10.3 Right of First Purchase .............. 17 REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE ...... 18 11.1 Limitations on Company Removal .......... 18 TRANSPORTATION OF GAS .................... 19 12.1 Transportation of Gas ............... 19 FORFEITURE ......................... 20 13.1 Forfeiture .................... 20 13.2 Judicial Review .................. 20 13.3 Other Legal Remedies ............... 21 13.4 Continued Obligations ............... 21 AMENDMENTS ......................... 21 14.1 Amendments to Franchise .............. 21 MISCELLANEOUS .................•••·••• 22 15.1 Successors and Assigns .............. 22 15.2 Third Parties ................... 22 15.3 Representatives .................. 22 15.4 Severability ................... 23 15.5 Entire Agreement ....<............. 23 APPROVAL .............,............ 24 16.1 Board Approval .................. 24 16.2 Company Approval ................. 24 -ii- BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: ARTICLE 1 DEFINITIONS §1.0 For the purpose of this franchise, the following words and phrases shall have the meaning given in this article. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is mandatory and "may" is permissive. Words not defined in this article shall be given their common and ordinary meaning. 1.1 "Board" or "Board of Trustees" refers to and is the legislative body of the Town. 1.2 "Company" refers to and is Public Service Company of Colorado, and its successors and assigns, but does not include its affiliates, subsidiaries or any other entity in which it has an ownership interest. 1.3 "Distribution Facilities" refers to and is only that portion of the Company's gas system which delivers gas from the down side of the regulator station to the point-of-delivery of the customer, including all devices connected to that system. 1 1.4 "Facilities" refer to and are all facilities reasonably necessary to provide gas into, within and through the Town and include plants, works, systems, lines, equipment, pipes, mains, gas compressors and meters. 1.5 "Gas" or "Natural Gas" refers to and is such gaseous fuels as natural, artificial, synthetic, liquefied natural, liquefied petroleum, manufactured, or any mixture thereof. 1.6 "Public Easements" refer to and are public and dedicated easements created and available for use by investor-owned, or other public utilities for their facilities. 1.7 "Public Utilities Commission" or "PUC" refers to and is the Public Utilities Commission of the State of Colorado or other authority succeeding to the regulatory powers of the Public Utilities Commission. 1.8 "Residents" refers to and includes all persons, businesses, industry, governmental agencies, and any other entity whatsoever, presently located or to be hereinafter located, in whole or in part, within the territorial boundaries of the Town. 1.9 "Revenues" refer to and are those amounts of money which the Company receives-from its customers within the Town from the sale 2 of gas under rates authorized by the Public Utilities Commission as well as from the transportation of gas to its customers within the Town and represents amounts billed under such rates as adjusted for refunds, the net write-off of uncollectible accounts, corrections or other regulatory adjustments. 1.10 "Town" refers to and is the municipal corporation designated as the Town of Estes Park, Larimer County, Colorado and includes the territory as currently is or may in the future be included within the boundaries of the Town of Estes Park. 1.11 "Streets and Other Public Places" refer to and are streets, alleys, viaducts, bridges, roads, lanes and other public rights-of- Waylplacco in said Town. ARTICLE 2 GRANT OF FRANCHISE §2.1 Grant of Franchise. The Town of Estes Park hereby grants to Public Service Company, for the period specified in and subject to the conditions, terms and provisions contained in this franchise, a non-exclusive right to furnish, sell and distribute gas to the Town and to all residents of the Town. Subject to the conditions, terms and provisions contained in this franchise , the 3 Town also hereby grants to the Company a non-exclusive right to acquire, construct, install, locate, maintain, operate and extend into, within and through the Town all facilities reasonably necessary to furnish, sell and distribute gas within and through the Town and a non-exclusive right to make reasonable use of the streets and other public places and public easements as may be necessary to carry out the terms of this franchise. These rights shall extend to all areas of the Town as it is now constituted and to additional areas as the Town may increase in size by annexation or otherwise. §2.2 Term of Franchise. This franchise shall take effect on The term of this franchise shall be for twenty (20) 2-5-years, beginning with said effective date of this franchise and expiring on ARTICLE 3 FRANCHISE FEE §3.1 Franchise Fee. In consideration for the grant of this franchise, the Company shall pay the Town a sum equal to three *we percent (32%) of all revenues received from the sale and transpor- tation of gas within the Town, excluding revenues received from the Town for the sale of gas to the Town. 4 . §3.2 Payment Schedule. For the franchise fee owed on revenues received after the effective date of this franchise, payment shall be made in monthly installments not more than thirty days following the close of the month for which payment is to be made. Initial and final payments shall be prorated for the portions of the months at the beginning and end of the term of this ordinance. All payments shall be made to the Town Finance Director. The Town Finance Director, or other authorized representatives, shall have access to the books of the Company for the purpose of auditing or checking to ascertain that the franchise fee has been correctly computed and paid. In the event an error by the Company results in an overpayment of the franchise fee to the Town and said overpayment is in excess of $5,000, credit for the overpayment shall be spread over the same period the error was undiscovered. If the overpayment is $5,000 or less, credit shall be taken against the next payment. §3.3 Change of Franchise Fee and Other Franchise Terms. Once during each calendar year of the franchise term the Town Board, upon giving 30 days notice to the Company of its intention so to do, may review and change the consideration the Town may be entitled to receive as a part of the franchise; provided, however, the Board may only change the consideration to be received by the Town under the terms of this franchise to the equivalent of the 5 consideration paid by the Company to any city or town in the State of Colorado in which the Company supplies gas under franchise. The Company shall, upon request, report to the Town within sixty (60) days of the execution of a subsequent franchise or of any change of franchise in other municipalities that could have a significant financial impact on the consideration to be paid by the Company to the Town hereunder. If the Town Board decides the consideration shall be so changed, it shall provide for such change by Ordinance; provided, however, that any change in the franchise fee is then allowed to be surcharged by the Company; and provided, further, that the consideration is not higher than the highest consideration paid by the Company to any municipality within the State of Colorado. For purposes of this section, consideration means the franchise fee established in Article 3, Section 1; and also includes any other provision which is of similar significant financial benefit to the Town. §3.4 Franchise Fee Pavment in Lieu of Other Fees. Payment of the franchise fee by the Company is accepted by the Town in lieu of any occupancy tax, license tax, permit charge, inspection fee, or similar tax on the privilege of doing business or in connection with the physical operation thereof, but does not exempt the ' Company from any lawful taxation upon its property or any other tax not related to the franchise or the physical operation thereof and 6 does not exempt the Company from payment of head taxes or other fees or taxes assessed generally upon businesses. ARTICLE 4 SUPPLY, CONSTRUCTION AND DESIGN §4.1 Supply of Gas. The Company shall take all reasonable and necessary steps to provide an adequate supply ' of gas to its customers at the lowest reasonable cost consistent with long-term reliable supplies.FLThe Company shall use reasonable/· efforts to obtain future gas ·supplies to meet future long term needs within the Town+ If the supply of gas to its customers should be interrupted, the Company shall take all necessary and reasonable actions to restore such supply within the shortest practicable time. §4.2 Restoration of Service. In the event the Company's gas system, or any part thereof, is partially or wholly destroyed or incapacitated, the Company shall use due diligence to restore its system to satisfactory service within the shortest practicable time. §4.3 Obligations Regarding Company Facilities. The Company shall install, maintain, repair, renovate and replace its facil- 7 ities with due diligence in a good and workmanlike manner and the Company's facilities will be of sufficient quality and durability to provide adequate and efficient gas service to the Town and its residents. Company facilities shall not interfere with the Town's water mains, ocwer maino or i fand any lother existing municipal Utilities located within said uoc of streets and other public rights»of-way»&*eee. The Company shall erect and maintain its facilities in such a way so as to minimize interference with trees and other natural features. Company facilities shall be installed in public easements so as to cause a minimal amount of interference with such property. 1< §4.4 Excavation and Construction. All excavation and construction work done by the Company shall be done in a timely and expeditious manner which minimizes the inconvenience to the public and individuals. All public and private property whose use conforms to restrictions in public easements disturbed by Company excavation or construction activities shall be restored by the Company at its expense to substantially its former condition. §4.5 Relocation of Company Facilities. Any relocation of the Company's facilities in any street or other public place required, caused or occasioned by any Town project shall be at the cost of the Company. Relocation shall be completed within a reasonable time from the date when the Town makes its request, such time to be 8 established by the Company as soon as possible after the Town's request. The Company shall be granted an extension of time of completion equivalent to any delay caused by conditions not under its control provided that the Company proceeds with due diligence at all times. §4.6 Service to New Areas. If the boundaries of the Town are expanded during the term of this franchise, the Company shall extend service to residents in the expanded area at the earliest practicable time and in accordance with the Company's extension policy. Service to the expanded area shall be in accordance with the terms of this franchise agreement, including payment of franchise fees. §4.7 Town Not Required to Advance Funds. Upon receipt of the Town's authorization for billing and construction, the Company shall extend its facilities to provide gas to the Town for municipal uses within the Town limits or for any major municipal facility outside the Town limits, and within the Company certificated service area, without requiring the Town to advance funds prior to construction. §4.8 Technological Improvements. The Company shall generally introduce and install, as soon as practicable, gas technological advances in its equipment and service within the Town when such 9 advances are technically and economically feasible and are safe and beneficial to the Town and its residents. Upon request by the Town, the Company shall review and promptly report advances which have occurred in the gas industry that have been incorporated into the Company's operations in the Town in the previous year or will be so incorporated in the six months following the Town's request. ARTICLE 5 COMPLIANCE §5.1 Town Regulation. The Town expressly reserves, and the Company expressly recognizes, the Town's right and duty to adopt, from time to time, in addition to the provisions herein contained, ordinances and rules and regulations as may by the Town be deemed necessary in the exercise of its police power for the protection of the health, safety and welfare of its citizens. §5.2 Compliance With Town Requirements. The Company will comply with all Town ordinances, rules and regulations and all Town requirements regarding curb and pavement cuts, excavating, digging and related construction activities. The Company shall require any contractor doing work for the Company to comply with the terms and conditions of this section. If rcqucotcd by tha Town, IThe Company shall submit copies of reports of annual and long-term planning for 10 capital improvement projects, including main extensions, with de- scriptions of required street cuts, excavation, digging and related construction activities within 30 days after issuance. Except for emergencies, the Town may require that all installations be coordinated with the Town's street improvement programs. The Town Director of Public Works shall be the Town's agent for inspection and for compliance with Town ordinances and regulations on any such projects. §5.3 Town Review of Construction and Design. Prior to construction of any significant gas facilities above ground or, for building or similar structures within the Town, -i·f·-requested--br€he Wewni the Company shall furnish to the Town the plans for such facilities. In addition, the Company shall assess and report on the impact of such proposed construction on the Town environment. Such plans and reports may be reviewed by the Town to ascertain, inter alia, (1) that all applicable laws including building and zoning codes and air and water pollution regulations are complied with, (2) that aesthetic and good planning principles have been given due consideration, and (3) that adverse impact on the environment has been minimized. The Company shall**consider fall reasonable changes requested by the Town. §5.4 Compliance with PUC Regulations. The gas which the Company distributes shall conform with the standards promulgated by 11 the Public Utilities Commission in the Rules Regulating the Service of Gas and with the tariff provisions of the Company setting stan- dards, as the same may be amended from time to time. §5.5 Compliance With Air and Water Pollution Laws. The Company shall use its best efforts to take measures which will result in its facilities meeting the standards required by applicable Federal and State airy and-water and environmental pollution laws. Wren-the-Town·Ls-requeebr-Tthe Company will provide the Town with a status report of such measures and, subject 20 the 24®Int ff·tights ~:of.¢orifid¢htiality,:<~ the : Compatif shall :advise*'the Town:of any determination ofisuch violation -within. the Town. §5.6 Inspection. The Town shall have the right to inspect at all reasonable times any portion of the Company's system used to serve the Town and its residents. The Town shall also have access to Company records for the purpose of ·determining Company compliance with this franchise. The Company agrees to cooperate with the Town in conducting the inspection and to correct any discrepancies affecting the Town's interest in a prompt and efficient manner. 12 ARTICLE 6 PUBLIC UTILITIES COMMISSION §6.1 Public Utilities Commission Regulation. The Town and the Company recognize that the lawful provisions of the Company's tariffs on file and in effect with the Public Utilities Commission which are consistent with the restrictions and limitations of Article XXV of the Colorado Constitution regarding the rights of municipalities to franchise are controlling over any inconsistent provision in this franchise dealing with the same subject matter. In the opinion of the Company, no provision of this franchise is inconsistent with any of the currently effective provisions of the Company's tariffs. ARTICL,E 7 REPORTS TO TOWN §7.1 RePorts on Company Operations. The Company shall submit reasonable and necessary reports containing or basdd on information readily obtainable from the Company's books and records as the Town may request with respect to the operations of the Company under this franchise and provide the Town with a list of real property within the Town which is owned by the Company. 13 §7.2 Copies of Tariffs. All PUC Filings. The Company shall keep on file in a local Company office, all tariffs, rules, regulations and policies approved by the Public Utilities Commission relating to service by the Company to the Town and its residents. Upon request by the Town, the Company shall provide the Town with copies of filings affecting said service which it makes with the PUC. §743 Emeraencies. If there is a major system outage affecting operations* or service, the Company shallinotify *the Town as' tb*~ the nature*iof the problem* and its ~anticipated TdurationN ~Wd*retic>lution. The Company shall :develop and keep ;up-icidate and.BE file With the Town a mutually agreeable plan to facilitate such communication. ARTICLE 8 INDEMNIFICATION OF THE TOWN §8.1 Town Held Harmless. The Company shall indemnify, defend and save the Town harmless from and against all liability or damage and all claims or demands whatsoever in nature arising out of the operations of the Company within the Town pursuant to this franchise and the securing of and the exercise by the Company of the franchise rights granted in this ordinance and shall pay all 14 the franchise rights granted in this ordinance and shall pay all reasonable expenses, · including reasonable attorneys' fees, court Costs and expert witness fees, arising therefrom. The Town will provide prompt written notice to the Company of the pendency of any claim or action against the Town arising out of the exercise by the Company of its franchise rights. The Company will be permitted, at its own expense, to appear and defend or to assist in defense of such claim. Notwithstanding any provision hereof to the contrary, the Company shall not be obligated to indemnify, defend or hold the Town harmless to the extent any claim, demand or lien arises out of or in connection with any. negligent act or failure to act of the Town or any of its officers, agents or employees. The parties *pecifically acknowledge:and agree that the Company, 3 in exercising its rights and obligations under this franchise,fis~·an independent *ritit*·and'is not> an entity controlled by:or subject toi the 'control of the Town*371-he purposes ~of C.R.S.: §21-39~Uki~ ef /2,6 §8.2 Payment of Expenses Incurred by Town in Relation to Ordinance. At the Town's option, the Company shall pay in advance or reimburse the Town for expenses incurred in publication of notices and ordinances and for photocopying of documents arising out of the negotiations or process for obtaining the franchise. 15 ARTICLE 9 TRANSFER OF FRANCHISE §9.1 Consent of Town Required. The Company shall not transfer or assign any rights under this franchise to a third party, excepting only corporate reorganizations of the Company not including a third party, unless the Town shall approve in writing such transfer or assignment. Approval of the transfer or assignment shall not be unreasonably withheld. §9.2 Transfer Fee. In order that the Town may share in the value this franchise adds to the Company's operation, any such transfer or assignment of rights under this franchise requiring the approval of the Town shall be subject to the conditions that the transferee shall promptly pay to Estes Park a pro rata share of one million dollars, which pro rata amount of one million dollars shall be calculated by multiplying one million dollars times a fraction of which the then population of Estes Park is the numerator and the then population of the City and County of Denver is the denominator. Such transfer fee shall not be recovered from the Town or from the Town residents or property owners through gas rates of customers in Estes Park or by surcharge by the transferee or the Company. 16 I ... ARTICLE 10 PURCHASE OR CONDEMNATION §10.1 Town's Right to Purchase or Condemn. The right of the Town to construct, purchase or condemn any public utility works or ways, and the rights of the Company in connection therewith, as provided by the Colorado Constitution and statutes, are hereby expressly reserved. §10.2 Continued Cooperation bv Company. In the event the Town exercises its option to purchase or condemn, the Company agrees that, at the Town's request, it will continue to supply any service it supplies under this franchise, for the duration of the term of this franchise pursuant to terms and conditions negotiated for such continued operation. §10.3~ i ~Right of First Purchase.. In the event the Company at any time during the term of this franchise proposes to sell or dispose bf any 'of:·iits'freal:~property. located.within.*the ToOn,i~iti; shall}.grant to :the :Town' the*right of :first* purchase. of. dame./The™Compady shall obtain a qualified appraisal on any such property and the Town shall have Sixty (60) days in Which to exercise the right of first purchase by giving written notice to the company. Should the Town not provide the required written notice, the Company may proceed to 17 negotiate with others for the male of auch property provided that the Company may not sell such property for an Amount less than ninety-five percent (95%) of the appraised value without first providing the Town ati opportunity to purchase such property at such lesser price, in which event the Town must notify the Company in writing within thirty (30) days if it wishes to purchase -such property. It is understood that nothing in this paragraph shall preclude the Company from transferring real property to a subsidiary:or)affiliate without first acdording/the*Town thefrights referred *to above, provided* that* if the transteree proposes*to{ sell or* dispose of **such property within* one year/ it.shall not:fdo 28 without -tirst af fording the Town the rights re ferred to abave. ARTICLE 11 REMOVAL OF COMPANY FACILITIES AT END OF FRANCHISE §11.1 Limitations on Company Removal. In the event this franchise is not renewed at the expiration of its term or the Company terminates any service provided herein for any reason whatsoever, and the Town has not purchased or condemned the system and has not provided for alternative gas service, the Company shall have no right to remove said system pending resolution of the disposition of the system. The Company further agrees it will not withhold any temporary services necessary to protect the public and 18 shall be entitled only to monetary compensation in no greater amount than it would have been entitled to were such services provided during the term of this Franchise. Only upon receipt of written notice from the Town stating that the Town has adequate alternative gas sources to provide for the people of the Town shall the Company be entitled to remove any or all of said systems in use under the terms of this franchise. ARTICLE 12 TRANSPORTATION OF GAS §12.1 Transportation of Gas. The Town expressly reserves the right to obtain or produce gas. The Company shall transport natural gas purchased by the Town for use in Town facilities pursuant to separate contracts with the Town. The Company agrees to transport gas made available for sale on terms and conditions comparable to other contracts entered into contemporaneously by the Company with similarly situated customers. 19 ARTICLE 13 FORFEITURE §13.1 Forfeiture. Both the Company and the Town recognize there may be circumstances whereby compliance with the provisions of this franchise is impossible or is delayed because of circum- stances beyond the Company's control. In those instances, the Company shall use its best efforts to comply in a timely manner and to the extent possible. If the Company fails to perform any of the terms and conditions of this franchise and such failure is within the Company's control, the Town, acting by and through its Board, may determine, after hearing, that such failure is of a substantial nature. Upon receiving notice of such determination, the Company shall have a reasonable time in which to remedy the violations. If during said reasonable time corrective actions' have not been successfully taken, the Town acting by and through its Board, shall determine whether any or all rights and privileges granted the Company under this ordinance shall be forfeited. §13.2 Judicial Review. Any such declaration of forfeiture shall be subject to judicial review as provided by law. 20 §13.3 Other Legal Remedies. Nothing herein contained shall limit or restrict any legal rights that the Town or the Company may possess arising from any alleged violation of this franchise. §13.4 Continued Obli&ations. Upon forfeiture, the Company shall continue to provide service to the Town and its residents in accordance with the terms hereof until the Town makes alternative arrangements for such service. If the Company fails to provide continued service, it shall be liable for damages to the Town. ARTICLE 14 AMENDMENTS §14.1 Amendments to Franchise, At any time during the term of this franchise, the Town, through its Town Board, or the Company may propose amendments to this franchise by giving 30 days' written notice to the other of the proposed amendment(s) desired and both parties thereafter, through their designated representatives, will negotiate within a reasonable time in good faith in an effort to agree on mutually satisfactory amendment (s) . The word "amendment" as used in this section does not include a change authorized in §3.3. 21 ARTICLE 15 MISCELLANEOUS §15.1 Successors and Assigns. The rights, privileges, franchises and obligations granted and contained in this ordinance shall inure to the benefit of and be binding upon Public Service Company, its successors and assigns. §15.2 Third Parties. Nothing contained in this franchise shall be construed to provide rights to third parties. §15.3 Representatives. Both parties shall designate from time to time in writing representatives for the Company and the Town who will be the persons to whom notices shall be sent regarding any action to be taken under this ordinance. Notice shall be in writing and forwarded by certified mail or hand .delivery to the persons and addresses as hereinafter stated, unless the persons and addresses are changed at the written request of either party, delivered in person or by certified mail. Until any such change shall hereafter be made, notices shall be sent to the Town Administratori Mayee-and to the Company' s Northern Division Manager. Currently the addresses are as follows: 22 For the Town of Estes Park: Town AdministratorMayer Town of Estes Park P.O. Box 1200 Estes Park, Colorado 80517 For the Company: Northern Division Manager 209 Meldrum Street P.O. Box 1668 Fort Collins, Colorado 80522 §15.4 Severability. Should any one or more provisions of this franchise be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a term that will achieve the original intent of the parties hereunder. §15.5 Entire Agreement. This franchise constitutes the entire agreement of the parties. There have been no representations made other than those contained in this franchise. §15.6 Riahts of Town· Nothing contained in this franchise shall be construed to enlarge or lessen the rights of the Town, ~Ft~ ~ ~tf, as set forth in C.R.S. §24-10-101, etigg·, as the same may bg,/ amended from~ i time to time. (32 499 (46.-tr ofgcur I A»11 al- EArpl CH[£1 - ) 23 ARTICLE 16 APPROVAL §16.1 Board Approval. This grant of franchise shall not become effective unless approved in accordance with the applicable statutory'provisions governing the granting of this franchise.by a majority vote of the Town Board. §16.2 Company Approval. The Company shall file with the Town Clerk its written acceptance of this franchise and of all of its terms and provisions within ten days after the adoption of this franchise by the Town Board. The acceptance shall be in form and content approved by the Town Attorney. If the Company shall fail to timely file its written acceptance as herein provided, this franchise shall be and become null and void. 24 INTRODUCED, READ AND ORDERED PUBLISHED this day of . PASSED, ADOPTED AND APPROVED this day of , Mayor ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney Publication Dates: 6913 25 TOVVN OF ESTES PARK September 30, 1992 OFFICE MEMORANDUM TO: Light and Power Committee FROM: Richard E. Matzke >"L. 2,~ /71 SUBJECT: Christmas Scene Restoration Revised Bid The Light and Power Committee authorized staff at the August meeting to spend up to $6,543.72 toward the restoration of one shepherd, the Santa & Helicopter scene, and the Santa & Reindeer scene. Due to increased IRS requirements for independent contractors, Lynda Vogel was not able to perform the work and withdrew her bid. She has submitted revised bids as follows: Santa & Helicopter $ 669.87 Santa & Reindeer 6,305.85 Total $6,973.72 This total does not include the minor repairs to the shepherd. The Santa & Helicopter scene can still be restored and put on display prior to the Christmas parade. The Santa & Reindeer scene probably will not be completed before the parade. The increased price is necessary so that the contractor will assume liability during the restoration process rather than the Town and will ensure that both the contractor and the Town are in compliance with IRS requirements. The Light and Power Department requests authorization to contract for restoration of the two scenes for the revised amount of $6,973.72. REM 2-1 RO 600 r- r) It 0 -O Agg 4 0 6 GRE£ gmM O~ Int,0 0 Zwz d < 1- 3 I 26=1 0 O ]Z 0- Z kwe < O OO 0 0 CO 60 09 NN N.*Sull- O (9 0 N Wa 92~*Wg r- CD F- 0 h zo. 0 8%0 U) D 00 1- O o Lu ,_ W .0 1- 00 04)1- M M 8% Or g [Ce. Cl I 2% S Mz&~3 0 > (22 0 O W Z 9 3 95 m LU tb # 3 -' &2 8211 ~Jetifi~ZA ~a 899@m U 04 U-10>0_ m 0- z,- >- 25)52&!8 -1 z a_!g~ 2 W LU LU w LU Du] W ;Eom 1-I R NOM 0 2 12 1£ 012 EN 12 cu: 5 olij 3535 %5 3 OEW 0 01- I O 92 0 0 a. 4 9 M<e (,>>> (n > 0 < 0 0 0 LUU) 2500 U) <Io 5 < :2 E* Q 662 d g & m m m cr . co LU J ·' CC tti < >2 < ggENBgo 0555 3 J xi J kzu)>arK 01 0 CAPEXPD.XLS 10/1/92 GENERAL PLANT TOTAL 1987 REBUILD $36,929 241,560 24,985 266,545 1988 L&P SERVICE B 443,439 45,125 488,564 Z66'EZ17 89Z'98 409'6 ,$ NOflhll. Alna *EL'LEE 066L 1989 1,016,273 BACKHOE $35,580 95,764 1,112,037 ELO'699 *£6'L+Z 66L 6EL'LZt, L66L 099'Z8L 09*'EBZ L'007$ 1331ndINO 3WVE!:INIVVy 00-Z'66* ODD' L*$ SAA Z66L IA13hl L aoed SL'61 $ 04313 133 *96'61. $ aNn St,Z'8$ MOB~~~~T Y!·15~ AND POWER DEPARTMENT $362,688 0*6' L*$ CKT $100,789 S31V1S3 CHELEY CAMP - 30Nn VO 9L0'8*$ 0 0 0 0 CS N &30 W UJ 0 + 1-1- f Ul tb Z Q 95 MR 21 11 111 U. m 00 l 0\ 71 e o Z f D 1 0 CE 0 CC LU ON O Z K O D Z lif 080 V E~O30.2 Z d L L CIC O er, 9= SO Dw O 22 O 22%69=g DO <W ZJ 302 O% 5 r es WJUI=! D rf Inu.€<21111 309·0-400 0ZED€&! 5 memase 0 I I Z LUU)50.Z g r. 1993 UBST N SITE $30,000 465,000 ;45,000 143,50( DISTRIBUTION GENERAL PLANT TWO MAN BUCKET $145,000 UPGRADE SCADA SYSTEM EXPANSION CE BLDG EXPANSION E-€ ERGROUND NIVEIOW 404- hOONON.- 00 N 2*000 tooto WOOWOOM O 0 00 I. N. q aq-.01".0~q 0-0. m ..00.4 M n 0 0 0) 03.-Im00O(00 10 10 0 Ncom *0004·10 N - h g Z N m rn 19 (0 01 r to r m 'D .- f. (0 00 ' 0 0 4 4 4- 0 4- MOONOWh O 000 W 00 4 OMNI-0032 505 In O 01 0 0} h co h r - 0 to- to. *82,hee 9 Wma F 4 4 wawcxMM (0 in 4- h '. U h r- 00 v 00 N r) ON r LO In O •- 01 00 I r to h - r 0-)h MO 4 00Nr- LO r In O00ro~19,9 0412 0 4 - m e E - 11 0. - 000- u O 4 0 - -0040,1-m 00 000 0 - e NOOLOOme N 000 N r N 0%58%56 00. q M. 7 11 9 W. N 0-0.0- 11 0* W h-•-tohu,0 Of Olou) 4 ,~ 0 23;-2199 - 0)1~(Or-(0 N coNO MNa m 00 0 h N m ro 0 4 - m LO 1 e If) q Ir) h - 4 4 e 8801 h M 4 0 0 0 V h tn 1% fl q N. 0- 0 8qq 849 99997*g otoh Cpg@ O - N h h Ul h O 4 ui uiu, o ui m O In to 5 g g le 9 4 4 4 MI'l. h - ¢9 10 N N M 10 N O 1.0 h " I - . 1 . to (0 r- 0 r hON O 0 r 4 00 N ON 98 O ON A 00 memutef r- r- rl e. q h.9.hh 0- 0- 4 tri m (De LO StorM 00 Cl (0 10 Ir) 00 (0 St 5}RD;:3440; N 00 : r N ~ Lf) h '- Lri to too in WOONIOMO 000 *22000 4 O W N o O M m O 00 Ul tr, Ul N. M. 0- 0- - 4·4·01 r €e M . N.@8* 1. LO 19 to r- O W Ul MN 00Oh tohoo 00 00 N Ln m r-NM N r- tri tri 4 N 1- 0 0 m to <D N N 000 N h Int.0 000 c) Lu 000,9-00 4 O t.0 10 CD W 01 0 qU q N h 7. 1. M 9 q. te h 1- 9% 9 R= r o r- (0 M 4' In h 01 h {0 0 -- 0; 4 r· lf) N U, 10 01 01 0, 00 N m •- tr) h 19 0 ~ ' LI) 4- r- N m 00 #Wh 9 17 1.r) to 6 . 0 1,1 UJ O -1 Z k 0 W mz Z HU H w 2 I ZZ S~38~ 6 J 28 ! M J O-1 w Z @Ju, 0 24 a WES En 0 Mow= -JJ 0 0-JHU)J 22% g! RE z 24,-Z< 000 tiON ~ 1- <1-<Hz<- to to m W W 2 0 38 0 Wh:M-4 0 4- (b %22 2000< O lot- LL O. 1- 1- O 1- 17 MID O 0 9 W m2100oco N (9 4 1~0010.-0- N m 4 LO co h .- r .- p-p .- r- moM Whh I , 1 9/30/92 IAI3hl L @Bed LINE# 1992 1993 1994 1995 1996 1997 1 BEGINNING BALANCE 1,759,716 2,159,593 1,545,699 1,229,491 1.011,215 1,038,226 1,058,204 ZSL'L98'9 9 SE*'SZO'9 685'*OL'S 3SN3dX3 000'06 000'OSE OZ'66* 1Vild¥0 I Z88'Zl SOZ'9LE- *68'819- U!01:130) SnldynS 1¥nNNY 980'LLO' L L 69'6ZZ'L 669'St,S'l 6 LZ'8*0' L 30NV-IVS DNION3 8 L *ZO'9OL SL*'6 *SE'88 CASH ANALYSIS GENERAL FUND = 9.50% ELLANEOUS INCOME 308.295 307,439 ELECTRIC SALES 5,611 00 6,253,800 REVENUE 5,919, 95 6,561,239 E-€ 162. 00 3,436,5 3,649,400 3 ,40 Set'SL*'9 6EZ'LE*'9 3SN3dX3 1V101 ESTIMATE 5 MISC DISBURSEME 16,000 1 ESTES PAR HT AND POWER DEPARTMENT aNnd 1¥¥3NED 01 ISTRIBUTIO ERATION 431, OUNTS 1VlldVO S31VS 1¥101 SOURCES OF FUNDS USES OF FUNDS 5YRCASH.XLS H.LMOWD kllNOO 6 HYDRO MAINTENA VlldVO 1¥10 1 1, 1 1 1 1 1 11 1 r--1 1 1 Al W 0 1 -r r-1 +0 co 1 01 1 lot ah, 1 00 1 t- 11 lint-IN I r--1 0 ( 1 *4' 40 lf) I t- 1 glint rot co 11 allornlot rn r.· e, *0 m Q i m 1 01101 In 1 1 11 r-1 1 1 --1 .1 . - ..1.1 .1 .1 . 1 . 11 Ch E--1 1 01 tn I CO I O, c,10 40 M *1 1 CO 1 01 1 (1 1 N I Ul 11 01110'Ir-1101 -r 4, g t- .-1 1 In 1 9.11.1 0 1 1/1 It r-1 >1 1 ,-4 0 1 00 1 r--1 N r-too 1 90 1 ellmt col 11 10 -1.1 - 1-1 1 1 -1 It 1 mimi N I m I 1 1 mt 1 11 1 1 1 1 1 11 111 , 1 1 1 1 11 1 11 1 1 1 1 1 - 11 1 "7 0,1 .r 1 Ch O UE) +D Ch rl (71 1 0, 1 in I ri I ,-4 1 W 11 tcholol r-1 cO co el O ch IN I D-INI In I .7 11 0 1 ..1 M t .r I W lo ·7 M rN ir, 1 .-1 1 NIOI ..4 1 5 11 r-11 1 . .1 -1 .1 .1 .1 -1 . 11 O E-1 1 11 l.0 1 0, 1 90 01 r-1 0 rl• 1 Ci 1 olnt NI (hi 11 2 0 l im rn Ilot 1-Nr-Ir-101,·91 mle,1 1-1 la 11 '-1 Z 1 1/) i 1 1 , N -1 1 " 1 1 1 -7 1 - 11 1 1 1 1 11 1 1 1 /1 1 1 11 11 1 1 11 \At I 8, 0" too co I £0 1 O 0 0- m Co CO LD 1 -- 1 A l In 1 1 0 It 1 Ne- 101 0 G- 000 .-1 m 1 01 WIN' 1 011 01 01-1.1 9'MI (9 1 11 Mil ..1 -1 -1 .1 -1 N. 11 2 72 222 1 31 al HIM N I '0 1 IN, 11 1 mitomtoll r-1 >4 1 N LO 1 00 1 1 0 .1 .1 1 V I * 1 1 0 1 ..Vk 11 I m In 1 0 -1 1 1, , rot 1 1 01 8 E-4 m Z 0 14 E-4 1 11 11 1 r-1 1 1-0 1 col no'%04·trIMIN 1 79 1 91©: 9: M Mid D , Ir In 1 0, 1 .1 r- r--1 rl LD 1-4 1 M I til W e O (31'-rolot w r m N got .- 1 U. 1 N 1 4.1 9 3 « 3 MI 1 - -1 -1 . $ ..../21 ul Of-4 0< 03 E-1 1 Un co INI rl h O N 00 t- I LU I 12 i d i f i bl A, 0 O,1 1.-11-10,1 •3 M ,-4 ,-1 00 1 - 1 4% 1 0 1 1 1 1 N 1 0 1 14 e W Z 11 1 OZH 1 1 9-1 E-400 1 11 1 1 Z X U Z t*OZW O1-11-1 E-4 a 1 1 1 1 1 0- 11 1 In O I Int 0000-,U-ILONINI MIOI NI r- 11 1 01 0 1 Ch I 0000mr-100 1 7 1 lr, 1 in | cr, 1 01 11 VINOINI OONE·-1·•1·m I r-1 1 r--1 1 wl 1-1 . 11 N 0 1 ..1 61 .... . ..1 -1 .1 .1 .1 . 11 0 0 1 CO r-1 1 Ch I w r-1 w m --r in r- 1 ·r 1 In I W 1 0 1 r-1 11 0%'0 lori I rl I rt N U-·1 in C) 03 1 1· 1 t-1001 mI 0 11 r-1 S I m~.0 1 M 1 1,14'r-INm too 1 11- 1 0 1 b 11 m IM -1 41 1 -1 1 1 -1 0 11 1 Ul I Ul 1 n .-1 ILA I It /0 1 - 11 1 1 1 1 1 1 1 1 , 1 1 " a U'} L 8 0 Id Et 7 14 01 D 1- 1 14 D 9 00 Z n. 1 , g% 1,1 , C f.1 > U 1 ir 4 C Ill U al A N w EM DE 1/1 1 4 0 N W 0) 0.-1 0 14 0. 10 0 ill :j .-1 C 0 2 7 .1 'C O G ·.1 E 1 rl IlS|Q U 0 11 0 to U 0> Z W t: D g as C CO ·rl 14 M al 111 1-1 OKIC•OOUU 1-1 P 0, 1-4 0 0) 01 ·rl ·4 4 rd u E-I X UZ 0 C C '0 U P 4 1-1 }-1 ill ,-1 W O b} 41 4,1 C) 0¤11/J b. O "• A 1-1 ·r-1 M A O U) 11 A C) 0 W Z r--1 1,1 K r-4 h D M rd ·el ·r, E ·rl 0 id al 0 1,1 tO OU *J E-1 (D O.C }• W O C - 01 U Ill U U H U 1-1 U U 10) U ·rl :1 .rl M 0 0 qi n U]'0 At']00E 0 14 B U) Ill Z · A A 7.·.1 >, 0.4.4 2, 71 0 N U} > 1,1 Z to 142:I:monor< 1,1 M U t,10 Al U 14 0 W 1 M > 10 1.1 o M 4a-1 FOR THE MONTHS 1, 1992 & 1991 FUND ) ©© 'Zil # Energy Sales TOTAL REVEN ower 192 -M 30 (ADN aneous 1 J/11/ M. 6 12/ , NEOS Corporation NEOS Corporation 165 S. Union Boulevard, Suite 260 Lakewood, Colorado 80228 EXECUTIVE SUMMARY 303/980-1969 Background NEOS Corporation was selected to conduct an Energy Efficiency Program on behalf of the Platte River Power Authority, the Town of Estes Park, and the Cities of Fort Collins, Longmont, and Loveland. The purpose of this program was to analyze and develop energy efficiency program alternatives that may be conducted jointly by the Platte River Power Authority and the four municipal electric utilities or inde- pendently by any of the participants. The scope of services for the Energy Efficiency Program involved two stages of effort. Stage I provided for initial program planning and education. Stage 11 consisted of program evaluation and design. Both stages focused on demand-side management, while alsoincorporating supply-side efficiency. Stage I of the Energy Efficiency Program was compleled dilring Jime through September of 1991, while Stagell was conducled during October of 1991 through May of 1992. The first step in Ilic litiergy Efficiency Program was problem definition and scoping. This involved work- ing closely with thel'ask '1'cam lodefine the energy situation of Platte River and the municipalities. ihis task also included establishing the objectives for energy efficiency programs. While the energy situations and efficiency objectives for each of the four Cities and Platte River are unique, there is common ground that reflects all five utilities. For example, each utility is interested in providing affordable quality service to its consumers. The similarities among the five entities are best reflected in the Mission Statement and Initial Acceptance Criteria developed by the Task Team for this project. The Initial Acceptance Criteria are criteria tliat programs Inust meet in order to pass initial screening and be considered for detailed analysis and possible implementation. MISSION STATEMENT " Develop programs that promote energy efficiency using cost -effective, enuirolmielitally fiworable solittions li,hich improve the quality of life for our consititters." INITIAL ACCEPTANCE CRITERIA Programs will: • Benefit retail customers, the Municipalities, mid Platte River; • Yield net positive enuirollittental impact; • Meet defineil cost-effective criteria; • Accrite benefits lo parlicipatils williout penalty to non-participants; • Produce measurable results; mid • Comply with Federal, State, ami Ulcal lilips mid regillations. Once the utilities' energy sitilation anci objectives were established, NEOS developed and conducted two informational seminars for the Task Tenni and other interested representatives of Platle River and the municipalities. The purpose of the seminars was to provide participants with a demand-side and supply- .. side efficiency knowledge base for developing their Energy Efficiency Program. Next, goals and (,bjec- tives for the Energy Efficiency Program were established. This included the delineation of broad utility, operational, and load shape objectives. Executive Summary ' NEOS Corporation 1 - 4c-1 Situation Analysis As part of the Energy Efficiency Program, a situation analysis was developed to profile Platte River, tile municipalities, and the retail customers, The situation analysis presented key information about each of these three groups in a format which provided a foundation for the subsequent steps in the Energy Efficiency Program. The situation analysis was conducted in September and October of 1991 and reflects data from this time period or prior to this time period. Much of the information presented in the situation analysis reflects data supplied by Platte River for the four Cities. While one or all of the Cities may have provided these data also, Plane River information was used in a number of cases to allow for consistent and comparable dala for this composite effort. Fij;111-e S.1 piesents a comparative stiminary of Plaitte River and the four Cities system characterislics, which inchides such information as energy and demand , requirements and growth, load factor, losses, meters, and breakdown of sales by customer class. Figure S-1. Comparative Summary of Platte River and Cities System Characteristics Platte Estes Fort Long- Love- River Park Collins motlt land Energy Requirements 1990 (GWH)1 1,646 83 809 389 364 Ave. Annual Growth iii Energy (GWH) 1980-90 5.6% 3.9% 6.()% 4.6% 6.1% Peak Demand (MW) 19902 310 20 150 75 65 3 Average Animal Grciwth in Peak (MW) 1980-90 5.8% 6.()% 6.2% 5.()% 6.()% Annual Load Factor 1990 61St' 47% 61% 6()% 64%3 Losses 1990 1% 6% 4% 4% 2.5% Number of Meters 1990 N/A 6,751 36,619 22,914 17,2()7 Energy Sales lo Residential (1<Wh) N/A 5()% 32% 4()Gb 3()Gb Energy Sales to Commercial (kWh) N/A 25% 13% 12% 10% Energy Sales to Industrial (1<Wh) N/A 25% 55% 48% 60% 1 Energy requirements are rounded to the nearest GWI-1. 2 Peak demand values are rounded to the nearest MW. 3 These valnes include an interruplible ctistomer with a significant load. As part of the situation analysis effort. the overall stalus of data availability and limitations for energy ef- ficiency program efforts were assessed. This included doclimenting where data are not available and dis- cussing strategies for ccillecling additional data where appropriate. Identification of Demand- and Supply-Side Efficiency Alternatives The next step involved the idenlification of demand- and stipply-Side efficiency alternatives which are applicable li) I'lalle River and the municipalities. Demand-Side Management (DSM) alternatives were 6 Executive Stimmary ii NEOS Corporation 4c-2 . identified by NEOS using a three step methodology and associated screening criteria. This identification and screening of demand-side alternatives was conducted on a composite basis for Platte River ancl the four niunicipalities, because of the consistency of objectives (e.g., mission statenient, load shape objec- tives, etc.), load profiles, climatic region, and other key considerations. A total of 151 residential and commercial technologies were considered and more than 50 of these technologies passed all screening criteria. In addition, supply-side efficiency alternatives were identified by NEOS and subcontractors Lehigh University ancl Electrical Systems Consultants based on experienced judgment and a knowledge of design and operational practices of generation, transmission, and distribution facilities. Generation ef- ficiency alternatives were identified for the Rawhide Energy Station and transmission and distribution efficiency alternatives were identified for Plalte River and each of the Cities. While these supply-side effi- ciency alternatives were recommended for Consideration, economic analyses of specific alternatives was beyond the scope of work for this effort. Platte River and the Cities are encouraged to further evaluate these programs' potential for conserving energy, reducing the systems' required generation and transmis- sion capacity, decreasing investment cost, and reducing operating costs. DSM Program Analysis and Planning The scope of work for this project allowed for the detailed analysis of a maximum of five demand-side energy efficiency programs for each City. This l|Clailed anal)'Sis provilles fur the identification of pro- grams which may be considered for pilot testing. In order to establish the DSM program options 10 be analyzed, those DSM technologies which passed the teclmology screening were packaged into program concepts. NEOS developed eleven initial program concepts for consideration by the Cities and also stig- gested five criteria (i.e., utility-specific applicability, potential for DSM impact, public acceptance, cus- tomer class equity, and ctistorner relations vallie) for each City to consider in ranking and selecting the potential programs. Each City then prioritized and/or customized the program concepts to select five programs for detailed analysis. Each City used a different process to select their five preferred programs. The approaches ranged from zililizing the ranking criteria and matrix established by NEOS to developing additional technology/program screening criteria. In all cases, the selections reflected the experienced judgment of each utility's staff regarding the applicability of the various programs in their service areas. The program selection process resulted in a total of hvelve programs to be economically,evaluated. Figure S.2 lisls the twelve programs and the technologies associated with each. (Note that Versions A and B for a particular program differ by the technologies associated with each program version.) It also indicates which Citiesl selected each program. Figure S.3 provides a listing of the programs grouped by each City. Figure S.2. Summary of Programs and Technologies 1. Residential Lighting Efficiency Program - Version A (EP,LG,LV) 1. Halogen Lamp 2. ' Compact Flworescent 3. Full-Sized Energy-Efficient Flitorescent 4. High-Intensity Discharge Lamp H. Residential Lighting Efficiency Program - Version B (FO 1. Compact Fluorescent 2. Full-Sized Energy-Efficient Fluorescent 3. High-]ntensity Discharge Lamp 1 The following abbreviations are used in Figure S.2. for each city: Estes Park (EP), Fort Collins (FC), Lotigmunt (LC;), und Loveland (LV). Executive Summary NEOS Corporation iii 40-3 Ne Figure S.2. Summary of Prograins and Technologies (continued) 111. Residenlial Water Healing Cycling Program (FC,EP, LV) IV. Residential Appliance Efficiency Program (EP,LG) L High-Efficiency Refrigerator . 2. High-Efficiency Freezer 3. Convection Oven 4. High-Efficiency Range 5. High-Efficiency Stove 6. High-Efficiency Clothes washer V. Residential Electric Thermal 1-leal Sic,rage Program (EP) 1. Cerninic I leal Storage VE Existing Single-Family Electric-Gas Space Heat Conversion Program (FC) VII. Pronic,lion of Non-Electric Space Heal for New Mitlti-Family Dwellings Program (FC) Vill. Commercial/Industrial Lighting Efficiency Program - Version A (EP,LG,LV) 1. Compact Fltic,rescent 2. T8 Fluorescent, Electronic Ballost, and Reflector 3. High-Pressure Sodium 4. Delamping with Refleclor 5. Task Lighlitig 6. Daylighting with Dimming Ballastand Pholocell Sensor IX. Commercial/Industrial Lighting Efficiency Program - Version B (FC) 1. Compact Fluorescent 2. 1'8 Fill(,rescent, Electronic Ballast, and Refiector 3. High-Pressure Sodium 4. Task Lighting X. Commercial/Industrial Equipment Efficiency Program (LG,LV) 1. High-Efficiency HVAC Unit 2. High-Efficiency Chiller 3. Evaporative Coolers 4. 1-ligh-Efficiency Ccunpressor - new applications (mly 5. Compressor Downsizing 6. Outside Air Intake Ducling to Conipressor 7. High-Efficiency Motor 8. VAV Package 9. Molor Resizing X|. Conuncicial/Indusllial Appliance Efficiency Program (LG) 1. Cknivection Ovon 2. High-Efficiency Range 3. High-Efficiency Fryers/Griddles 4. 1-ligh-Efficiency Clcithus washer 5. I ligh-lifficiency Reftigeralion XII. Conilliercial A /C Cycling Progr,un (1.V) Exectilive Silininary iv 4c-4 NEOS Corporalion Figure S.3. Selected Programs By City ESTES PARK 1. Commercial/Industrial Lighting Efficiency Program - Version A 2. Residential Lighting Efficiency Program - Version A 3. Residential Water l icating Cycling Progr,un 4. Residential Appliance Efficiency Program 5. Residential Electric Thermal Heat Storage Program FORT COLLINS 1. Commercial/Industrial Lighting Efficiency Program - Version B 2. Existing Single-Family Electric-Gas Space Heat Conversion Program 3. Promotion of Non-Electric Space Heat for New Multi-Family Dwellings Program 4. Residential Lighting Efficiency Program - Version B 5. Residential Water Heating Cycling Program LONGMONT 1. Commercial/Industrial Appliances Efficiency Program 2. Commercial/Industrial Equipment Efficiency Program 3. Commercial/Industrial Lighting Efficiency Program - Version A 4. Residential Appliances Efficiency Program 5. Residential Lighting Efficiency Program - Version A LOVELAND 1. Commercial A/C Cycling Program 2. Commercial/Industrial Equipment Efficiency Program 3. Commercial/industrial Lighting Efficiency Program - Version A 4. Residential Lighting Efficiency Program - Version A 5. Residential Water Heating Cycling Prc,gram Under the Energy Efficiency Program, detailed evaluations were conducted for the five DSM programs selected for each City. This included li fe-cycle economic analysis lo determine the cost-effectiveness of each program option for Plane River, tlic mitilicipality, and their retail customers, The mellic,dc;logy tised lo deterinine the cost-effectiveness of the selected DSM programs is based on the California Energy Commission/California Public Ulililies Commission (CEC/CPUC) Standard Practice Manual, "Economic Analysis of Demand-Side Management Programs." In this method, each DSM pro- gram is evaluated from a number of perspectives, using the following tests: • Participant Test: The participant test measures the benefits and costs to the customer due to partici- paOon in tile specific DSM program. This test provides an initial estimate of the benefit or desirability of the program lo customers. • Utility Test: The utility test is a meastire of tile net costs of a DSM program as an energy resource option based on costs incurred by ilie utility (including incentives paid out) and excluding any net costs incurred by participants. • Ratepayer Impact Measure Test: The Ratcpo>/cr hnp,icl NIcasure (RIND lest measures the impacts on Crist<)Iner bills or rates due to changes in the tililily revenues and operating costs as a restill of the Executive Summary · v 40-5 NEOS Corporation lit program. For example, if the benefit-to-cost ratio for the RIM test is greater than or equal to one, then rates will remain tile same or decrease, respectively, over the life-cycle evaluation period. • Total Resource Cost: The Total Resource Cost (TRC) test is a measure of the net costs of a DSM pro- gram as an energy resource option based on the estimated total costs of the program, including both participants and utility program costs. • Societal Test: The societal lest is a variant of the TRC test. The societal test di ffers from the TRC test in that it includes the effects of exlernalities stich as environmental or national security costs, excludes tax credit benefits, and may have a different discount rate. The computer program, DSManager, was utilized to conduct the life-cycle economic analysis to deter- mine the cost-effectiveness of each program option for Platte River, the municipality, their retail cus- tomers, and society at large. DSManager is based oil the CEC/CPUC standard practice methodology. The program wascustomized specifically for the Energy Efficiency Program to accurately represent the interrelationships between Platle River and the four municipal electric utilities, This included modifying the program to analyze bolli the "City" and "Plalter River" perspectives for the utility and ratepayer im- pact measure tests. DSMallager requires an extensive volume of inputs in four major categories: system, rates, end- use/technology, and program. As part of the analysis effort, all of the required inputs were developed based on data provided by Platle River and the Cities, datil obtained from a variety of regional and lia- tional sources, and NEOS estimates and calculations. In addition to the economic analysis conducted, DSM program implementation plans were developed for each City. This invelved developing a concise action plan of required efforts for program implementa- tion. Implementation planning was conducted in parallel with the DSM program analysis since a number of the analysis inputs (e.g., program costs and marketing strategies) directly reflected the program im- plementation plans. Preliminary implementation plan development for each DSM program involved de- veloping program descriptions, market implementation strategies, target markets, the implementation approach, and resmirces and schedule. To develop the implementation plans, an extensive review was performed of utility DSM programs across the nalicin, with particular emphasis on public utility pro- grams. These data were Slipplemented with NECE DSM experience and its knowledge of Platte River and each Cily's situation to develop iniplementation strategies, approaches, and resource reqi,irements appropriate for the Energy Efficiency Program, In addition, Platte River ariel each City provided input regarding market implementation method preferences and other key implementation planning informa- tion. DSM Analysis Results A summary of the DSM analysis results for all Cities and programs are presented in Figure S,4, while more detailed results for each City are presented in Figures S.5 through S.8. All results presented in these figures reflect the 2()-year analysis period of 1993 to 2012, For the analysis, it was assumed that each .. program will be pilot tested during 1993 (with tile exception of equipment cycling programs, which are not assumed lo be pilot tested), svith ftill-scale implementation froin 1994 through 2012, The actual lim- ing of pilot and fitil-scale implementation will depend 1!pon priority and schedule determined by the Task l'earn and each utility. The DSM restills presenti·d reflect composite information for al] relevant cuslomer market segments and DSM leclitic,Ic,gics, The detaili·il ilata for rach individual niarket segment and DSM technology will be provided.la Platle River (in Ilic hirm of the DSM,mager inpill data) so Ilint additional analysis and inves- ligations can be accomplished asa follow-on to this project. For the purposes of the analysis, all niarket- ing and administrati ve costs arr ilssumed tc, be inctirred 11)' the Cities. This typically results in programs Executive Summary vi NEOS Corporation 4c-6 that are more cost-effective to Platle River than the Cily, since Platte River reaps benefits from each pro- gram without incurring costs. The DSM programs presented in the figures are not prioritized, since it is not appropriate to prioritize programs at this time for a number of reasons. First, additional sensitivity analysis by Platte River and the Cities is planned which will further refine results. Secondly, Platte River is continuing to review wholesale rates. (This is performed annually and was d(me as part of the scope of services for this effort.) I f rate modi fications are implemented, the analysis would need to be modified to reflect these changes. Thirdly, the balancing or distribution of costs or benefits from one perspective to another (through such mechanisms as modifying wholesale rates or sharing implementation costs) should be considered before prioritization. Finally, there area variety of criteria for prioritizing programs (e.g., cost-effectiveness from one or more perspectives, demand ami/or energy inipacts, initial and total costs, ctc.) and each organiza- tion will need to establish its specific criteria. Figure S.4 preseiUs a summary of the DSM analysis results for all Cities ancl programs. The figure pre= sents each program's estimated net benefitl from the participant, City ratepayer impact measure (RIM), and Platte River RIM perspectives. The costs and benefits are presented as the net present value of the 20- year stream of costs and/or benefils. (Refer to individual Sections 7 through 10 for additional program results such as total benefits and costs, benefit-to-cost ratios, and levelized benefits and costs.) Figure S.4.. Net Benefits of All Programs l'articipant City RIM Net PRPA RIM Net Net Benefit Benefit Benefit City Efficiency Program ($1,000) ($1,000) ($ 1,000) Estes Park C/I Lighting $1,584 ($2,877) $864 Residential Lighting $1,250 ($1,252) $386 Residential Water Heater Cycling $64 $117 ($165) Residential Appliances $9,948 ($6,415) $3,()94 Residential Heat Storage $1,177 ($1,520) ($129) Fort Collins C/1 Lighting $2,7()5 ($5,692) $7,9()9 Single Family Elec-Gas Conversion $278 $2,247 $1,266 Promotion of Non-Elec Space Heat ($59) $210 $78 Residential Lighting $5,221 ($4,625) $1,828 Residential Water Heater Cycling $1,222 $1,210 ($709) Longmont C/I Equipment $5,2()7 ($135) $4,264 C/1 Appliances $4,3()() ($616) $3,()96 C/1 Lighting $3,143 ($1,647) $5,437 Residential Appliances $33,015 ($20,690) $15,765 Residential Lighting $2,1()6 ($2,874) $2,()47 Loveland Commercial A/C Cycling $11 ($261) $67 C/1 Equipment $2,758 ($2,683) $1,726 C/1 Lighting $3,7()3 ($5,991) $2,51() Residential Lightitig $2,981 ($4,()49) $1,778 Residential Water Heater Cycling $111 $2()1 $3()2 1 A positive net benefit value reflects a benefit-lo-cost ratio greater than one, Executive Summary vii 40-7 NEOS Corporation . Figures S.5 throtigh S.8 below present the ovurlili restills of all five progranis analyzed for each mtinicipal utility. Each figure presents Ihe City's estimaled lotal cost for each program, as well as each program' s net benefit from the participant, City ratepayer impact measure (RIM), Platte River RIM, total resource, and societal perspectives. The cost and net benefits are presented in the present vallie of the 2()-year stream of costs and/or benefits. (Demand and energy impacts are not discounted.) 111 addition, each fig- ure presents each program's total esliniated City deniand reduction which occurs in tile 2()th year of the analysis. (Note that the 2()th year of the analysis for Estes Park and Fort Collins is a winter peak demand year while for Longmont and Loveland, the 2Oth year is a summer peak demand year.) The figures also present the estimated energy savings attributable to each program. These are presented as the cumula- tive total of program inipacts on annual energy requirements over the 20-year analysis period, Figure S.5. Summary of Estes Park's Program Results parlici- City PRI'A Total C i t)' City City pant IUM 1(IM Resource Societal Peak Total Total Net Net Net Nef Net Demand Energy Efficiency Cost Benefit Benefit Benefit Benefit Benefit Reduction Savings Program ($1,000) ($1,000) ($1,000) 61,000) ($1,000) ($1,000) (MW) (MWh) C/I Lighting $404 $1,584 ($2,877) $864 $1,338 $1,397 2.(13 1()5,()26 Residential $416 $1,25(] 61,232) $386 $564 $6()3 1.33 63,698 Ligliling Residential $311 $64 $117 ($165) $21 $21 0.35 0 Water Heater Cycling Residential $428 $9,948 ($6,415) $3,()94 $7,9()1 $8,()83 4.46 330,679 Appliances Residential $648. $1,177 ($1,520) ($129) ($315) ($315) 1.69 -417 Thermal Heat Storage Executive Summary Viii 4c-8 NEOS Corporation Figure S.6. Summary of Fort Collins' Program Results Partici- City PRI'A Total City City City pant RIM RIM Resource Societal Peak Total Total Net Net Net Net Net Demand Energy Efficiency Cost Benefit Benefit Benefit Benefit Benefit Reduction Savings Program ($1,000 ($1,000) ($1,000) ($1,000) ($1,000) ($1,000) (MW) (MWh) C/I Lighting $11,826 $2,703 (53,692) $7,9()4 $8,998 $9,428 12.95 789,952 SF Elec-Gas $6,753 $278 S2,247 Sl,266 91,015 $4,391 17.17 646,599 Conversioli Promotion of $45 659) S210 S78 $231 $256 1.28 45,061 Non-Elec Sp. Heat MF Residential $6,038 $5,221 (54,625) Sl,828 53,23(] $3,395 8.56 31(),409 Ligliting Residential 52,206 $1,222 51,210 ($7()9) 51,859 $1,859 6.28 () Water Heater Cycling Executive Summary ix 40-9 NEOS Corporation Figure S.7. Summary of Longmont's Program Results I'art ici- City PRPA Total City City Ci ty pant RIM RIM Resource Societal Peak Total Total Net Net Net Net Net Demand Energy Efficiency Cost Ilene fit Henefit lienefit lienefit Benefit Reduction Savings Program ($1,000+ ($1,000) ($1,000) ($1,000) ($1,000) ($1,000) (MW) (MWh) C/1 $843 $5,2()7 ($135) $4,264 S14,346 $14,579 13.54 418,498 Equipment C/I S314 $4,30(] (S616) S3,()96 S10,923 Sl 1,142 6.13 405,406 Appliances C/1 Lighting $ 1,055 53,143 61,647) S3,437 911,535 511,952 17.36 743,059 Residential $1,598 $33,015 (S2(),69()) 515,763 S32,4()2 S33,129 10.70 1,332,755 Appliances Residential $746 $2,106 (S2,874) $2,()47 Sl,628 $1,709 045 148,902 Lighting Executive Summary 4c-10 NEOS Corporation A Figure S.8. Summary of Loveland's Program Results partici- City PRI'A Total City City City pant IUM RIM Resource Societal Peak Total Total Net Net Net Net Net Demand Energy Efficiency Cost Benefit Benefit Benefit Benefit Benefit Reduction Savings Program ($1,000 ($1,000) ($1,000) ($1,000) ($1,000) ($1,000) (MW) (MWh) Commercial $334 $11 ($261) $67 (5174) ($174) 027 0 A/C Cycling C/I $313 $2,758 (S2,683) Sl,726 54,671 $4,752 5.61 149,557 Equipment C/I Lighting $421 $3,7()3 (S5,991) $2,510 $4,360 $4,522 6.19 292,025 Residential S2,722 $2,981 64,049) $1,778 Sl,151 Sl,219 0.39 127,556 Lighting Residential $443 $111 $2(11 $3()2 $625 $625 0.87 0 Water Healer Cycling Conclusions and Recommendations The Energy Efficiency Program established a foundation for the development of energy efficiency pro- grams by Platte River and the four municipal utilities. The project began with initial program planning and education and continued through detailed program evaluation and design. It served to enhance the Task Team members knowledge regarding supply- and demand-side efficiency resource evaluation and opportunities. 1n addition, it provided screening of eiiergy efficiency alternatives to identify a number of alternatives which warrant further consideration by Platte River and the Cities. The Energy Efficiency Program identified a number of supply-side efficiency alternatives that should be evaluated further to determine their economic viability. 111 addition, detailed analysis was.conducted on five DSM programs for each City. Two of these DSM programs pass tile Task Team's initial acceptance criteria (adopted by the Platte River Board) under the current scenario: Fort Collins' Existing Single- Family Electric-to-Gas Space Heat Conversion Program and Loveland's Residential Water Heater Cycling Program. In addition, a number of other programs show promise, stiggesling that there is potential for cost-effective demand-side efficiency activities within the service areas of Plalle River and the Cities. For example, a number of these programs could be cost-effective from all perspectives if program costs and benefits were "shared" or redistributed between Platte River, the Cities, and participants. In addition, many programs analyzed are cust-effective from the total res(,tirce perspective. This indicates that these programs are patenlial resource alternatives which could benefit PI,ille River, the Cities, and the partici- pants.., The Energy Efficiency Program dors not provide a specilie indication of which efficiency allernatives ta implement. Rallier, it identifies and analyzes a number of the nic,sl viable alternatives and presents the Executive Summary xi 4c-11 NEOS Corporation results for further analysis and evaluation. Once further analysis is conducted. specific energy efficiency programs can be selected for pilot and/or full-scale implementation. The Energy Efficiency Programde- veloped a wealth of information for evaluating and developing energy efficiency programs, which can be further refined lo allow various programs lo be considered for implementation. The Energy Efficiency Program established a foundation for Platte River and the Cities to evaluate and select energy efficiency activities. There are a number of efforts which should be conducted either as fol- low-ons or parallels to implementation. These efforts will be helpful to ensure that the goals of the Task Team are met and that the consumers served by Platte River and the Cities receive electricity from the most cosl-effective and enviranmentally appropriate resources. The following efforts are suggested for the Energy Efficiency Task Team, Platle River, and the niunicipalities. • Develop a master plan for each organization to guide further energy efficiency efforts. These plans should consider the various items below. • Conduct rate studies to determine i f adjustments in wholesale and/or retail rates would provide more representative price signals. Ideally, any restilting rate modifications should be implemented prior to selection and implementation of efficiency programs, since rates can be significant in deter- mining program cost-effectiveness. • Evatiale the economic viability of the stipply-side efficiency alternatives identified iii this project to establish their potential for improving energy efficiency, reducing the systems' required generation and transniission capacity, decreasing investment costs, and reducing operating costs. These supply- side alternatives then should be integrated with the demand-side programs to establish the most cost- effective implementation plan. • Perform sensitivity analysis on the various DSM programs using DSManager and other resource planning tools, as appropriate. This involves looking at "what if" scenarios, such as the impact of rate variations, cost refinements, parlicipation levels, discounl rates, and incentive level variations on the cost-effectiveness of various programs. • Prioritize and select pilot programs based on the analysis results. Refine the implementation plans for these programs, including developing methods and tools for program monitoring and evaluation. • Implement pilot programs and monitor the results. Evaluate the performance of the pilot programs to determine their viability in meeting all appropriate criteria. Implement full-scale supply and de- mand-side energy efficiency programs which meet City and Task Team criteria based on analysis and pilot testing. • Develop an integrated resource plan (IRP) which integrates supply and demand-side options into Platle River's resource planning process. The Energy Efficiency Program presented herein represents a significant milestone for Platte River Power Authority and the four municipal electric utilities. Even though a lot c,f additic,nal work is required, through this project, the Energy Efficiency Task Team has established a foundation for considering the economic viability of new and expanded energy efficiency programs to a wide range of existing programs conducted individually by each City and Platte River Power Atithority. In doing so, the Task Team and the utilities thal it represents have placed themselves at the ft,refrant of utility efficiency efforts. This Energy Efficiency Program is a signilicant step in Platte River and each municipality's energy effi- ciency efforls. Energy efficiency will likely be ilicirabingly importanlin filture tililily activities. As Platle River and the Cities move inlc) an era of integrated resource planning, energy efficiency can be considered as a potential resource option to be evalitated in con junction willi conventional resources. This Energy Efficiency Program provides a ft,lindalion to facilitate stich fliture integrated resource planning efforts. Executive Summary xii 4c-12 NEOS Corporation CO1NCIDENCE / NON-COINCIDENCE X - Implies City Peak was NOT Coincident With the Platte River Peak Season Estes Fort Longmont Loveland Park Collins S - 1992 X X W - 9192 X X X X S- 1991 X X X W - 9091 X S - 1990 X X W - 8990 X X S - 1989 X X W- 8889 X X X S- 1988 X X X X W- 8788 X X X DIFFERENCE BETWEEN COINCIDENT AND NON-COINCIDENT PEAKS: 0% TO 21% (Specific City, Year & Season) 0.5 TO 1.6% (Seasonal Combined Average) 4c-13 M 1 A lA M L . CAM f B ed 3 09 WesT c 116-5 k GUEN +PW(EU, CO 30&32 4-0 6 037 7, (192 -7-6 0 9 OF- Fs-rezy fA-NE L'&47 AN P POWER DEPT. 9. 0. 9 ©< )100 ESTE3 974-B-k, CO. For-17 A-TYN: lut. NUcwAEL MANalt.SE N DEA-8- MA. MANGELs€W: .I- WOULD MAE -7-3 EXPE=31 /Hy A-ff (Le c\*7/0 A) To 700 AND >DOR- WOR-K CR.ews WWO \Alsl-*UED AND W\16-b MY NEW Powek POLE AT hly C+BIN AT 907 WEST Cheel<, GLG-iv 1/LVE-AJ , Co k.·oe.*DD . 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