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HomeMy WebLinkAbout13 District Code Title 3 Agenda Item # 13 W7, Public Utility District WORKSHOP To: Board of Directors From: Stephen Hollabaugh Date: May 07, 2008 Subject: District Code, Title 3, Finance and Accounting 1. WHY THIS MATTER IS BEFORE THE BOARD The District Code should periodically be reviewed and updated to conform to District Board policies and new applicable laws and regulations. 2. HISTORY Chapter 3.06 of the District Code was last revised in 2003. This section was written with the Constellation Power Source contract in mind. The Constellation contract accounted for more than 95% of the District's supply up until the end of 2007. Since that time, the District has joined the UAMPS Pool Project and entered into a number of electric supply contracts to make up a diverse electric supply portfolio. 3. NEW INFORMATION Chapter 3.06 has been revised taking into consideration the District's Renewable Portfolio Standard (RPS). Attached are the existing Chapter 3.06 and the proposed new Chapter 3.06. This Chapter has been completely re-written from start to finish and a new name of "Electric Supply Procurement is proposed. This section addresses risk management as it relates to Electric Supply Procurement. There are two thoughts on how to limit risk. One is to have long term fixed rate contracts while the other involves diversifying your supply portfolio. The District is coming off a long term fixed contract that served the District well. However the future supply will be more diversified and this section is focused on that risk management strategy. Given the volatile nature of electric supply, risk management and rate reserves need to be addressed and goals set. FINANCIAL GOALS: Electric Supply Procurement is a large part of the District's overall expense. The District's Financial Goals and reserves must be addressed in order to manage the District in an effective, efficient and fiscally responsible manner as stated in the District's Mission Statement. The existing goal for rate stabilization fund is found in District Code section 3.01. •Electric rate stabilization fund should maintain a balance of $1,000,000, which equates to just more than 1 month of costs for electric supply. Other Utilities have reserves that range from six-months to one-month. A three- month rate reserve is a good average that the District can use as a goal. Staff recommends the Electric rate stabilization fund maintain a balance of $3,000,000, which represents just under three months of purchased power costs. This will raise the current goal from about 8% to 24% of the current electric supply annual costs. The District could continue funding the rate stabilization fund as it's current level to eventually achieve this goal. 4. FISCAL IMPACT Increasing the rate reserve (rate stabilization fund) goal from $19000,000 to $3,000,000 could be achieved by continuing to fund rate reserves as is currently budgeted for. Over time, the goal may be achieved. 5. RECOMMENDATION Review this report and provide comments. S phen Hollabaugh, A istant General Michael D. Holley, General Manager Manager CHAPTER 3.06 PURCHASED POWER OLD VERSION Sections: 3.06.010 Contracts Regarding the Purchase of Wholesale Power 3.06.010 The District has entered into a contract with Constellation Power Source, Inc. that includes a monthly shaped block purchase designed to meet the Districts average projected load for each month and for a put/call portion. The monthly shaped block purchase is at a fixed price, while the put/call option is based an an index. The purchase of power and energy on an index places a price risk on the District which can be managed by purchasing financial instruments and or physical instruments. 3.06.010.1 The Power Supply Engineer of the District, in consultation with staff of Northern California Power Agency and with the approval of thy: District General Manager, is authorized to execute financial and or physical contracts which manage the price risk of the power and energy purchased from the market subject to the following terms and conditions. 3.06.010.1(A) A minimum of two telephone quotes shall be secured from the market. . Such quotes shall be recorded on the transaction memorandum which shall be prepared to document the actions leading up to purchase of the contract. 3.06.010.1(B) The Power.Supply Engineer shall consult with the appropriate staff of the Northern California Power Agency regarding the desirability to seek quotes and shall again so consult.:,`after receipt of the two quotes. These consultations shall be documented in the transaction memorandum. 3.06.010.1(C In no event shall any single contract entered into under authority of this policy extend for a period of greater than three months. 3.06.€110.1(D) Prior to executing: the contract, the Power Supply Engineer shall submit his recommendation to the General Manager of the District. After securing approval from the `General Manager, the Power Supply Engineer is authorized to execute the contract. (Reso 9720,0317) Title 3 Page 1 - - -DRAFT- - - CHAPTER 3.06 ELECTRIC SUPPLY PROCUREMENT Sections: 3.06 GENERAL - It is the objective of the District to: 1. Provide an adequate, reliable and high quality electric supply and distribution system to meet current and future needs. 2. Assure that no activities related to energy supply purchase and sales will expose the District to possibility of large financial losses in relation to the size of the electric supply reserve funds. 3. Maintain and implement a long-term energy and load forecast. 4. Maintain and implement an Electric System Master Plan, including the required facilities to meet the current and future demand and reliable supply. 5. Procure and contract for low cost electric power supplies to reliably meet current and future loads. 6. Seek power supply from a resource mix that satisfies District Renewable Portfolio Standard (RPS), Code Section 7.83. 3.06(A) RPS Supply Objectives: 1. Maintain reliable overall energy supply portfolio 2. Minimize adverse impact of acquiring new energy resources on customer electric rates. 3. Renewable resources are defined as non-fossil fueled electric generating resources, including hydroelectric pursuant to Section 398.4(h) (1) of the California SB 1305. 3.06(B) RPS Supply Target: 1. Strive to include qualifying resources to meet projected demand. 2. Assure resource portfolio will have a minimum 21% of renewable resources by the end of 2010. 3.06(C) RPS Supply Strategies: 1. Utilize Public Benefit funds to implement projects and to supplement appropriate capital expense projects. 2. Allocate District Western Area Power Administration (WAPA) as a non-fossil fuel resource included in the RPS supply. 3. Strive to acquire small hydro and geothermal electric supply from WAPA, NCPA, or UAMPS that are located within or can be transmitted to the Sierra Pacific control area. 4. Consider contracting for geothermal generation and wind generation backed by natural gas. 5. Find and support solar and other renewable generation opportunities within District service area. 1 5/07/2005 draft 3.06.1 PROCUREMENT OBJECTIVES 1. Balance the need to purchase sufficient, reliable electric energy within District RPS target and the tolerance for risk established by the Board of Directors. 2. Provide stable electric rates to customers. 3. Preserve a supply cost advantage. 4. Provide procurement control procedures that are sufficient to indentify, evaluate and manage risk. 3.06.2 COMMODITY PRICING POLICY 1. The General Manager is responsible for implementing the Electric Supply Procurement policy by overseeing the process of all rate schedule development and ensuring that all procedures are followed consistently and that all transactions and calculations are appropriately documented. 2. Commodity Pricing is composed of two principles with the first principle (A) having priority over the remaining principle: 3.06.2(A) Direct Cost Recovery All direct costs of providing service will be recovered in rates. 3.06.2(B) Risk Management To the extent practicable, all risks must be insured and contract terms must protect the District from major negative contingencies. 3.06.3 COUNTERPARTY CREDIT POLICY The objective of the Counterparty Credit Policy is to minimize the potential adverse financial impacts on the District in the event of a defaulting counterparty. The District will strive to use Joint Power Agencies (NCPA or UAMPS) to check Counterparty Credit and meet the objective of this policy. The policy is to minimize the District's credit exposure and potential adverse financial impacts by: 1. Establishing credit risk management governance and oversight. 2. Providing counterparty transaction parameters (limits) to control and measure the District's exposure to any one supplier, and 3. Implementing a mechanism to monitor and report on supply portfolio related counterparty credit exposure. This policy applies to market-based commodity transactions as well as to physical asset-based transactions, such as transmission capacity and generation ownership. 2 5/07/2008 3.06.4 TRANSACTING POLICY 3.06.4(A) Anti-Speculation Speculative buying and selling of energy products is prohibited. Speculation is defined as buying energy not needed for meeting forecasted load or selling energy that is not owned. In no event shall transactions be entered into to speculate on market conditions. 3.06.4(B) Maximum Transaction Term The maximum term of any supply transaction, either purchase or sale, shall be ten years, unless specifically approved by District Board, to meet long-term portfolio planning objectives. 3.06.4(C) Portfolio Performance and Value Reporting Electric Utility Manager shall prepare performance reports containing analysis of physical and financial positions of all electric contracts. If the ratio of the market value of a contract falls outside the risk limits prescribed by the District Directors, then the General Manager shall inform the Board of this fact and recommend actions. 3.06.4(D) Competitive Process Whenever possible, Electric Utility Manager shall obtain three or more quotations when making a purchase or sale transaction and select the best price from a responsible qualified bidder. 3.06.4(E) Oversight The Electric Utility Manager shall provide an oversight role along with the Administrative Services Manager reporting to the General Manager: 1. The Electric Utility Manager shall perform review of portfolio exposure, credit exposure, transaction compliance and monitor risk limit compliance. 2. The Electric Utility Manager shall make recommendations to the General Manager to temporarily or permanently halt transactions with one or more counterparties; exceptions to rules and procedures, or other operational exceptions that represent unacceptable risk exposure. 3. The Administrative Service Manager shall audit, and review all transactions, exceptions, and settlement payment accuracy. Report audit and other findings to the General Manager. 3.06.5 AUTHORIZED TRANSACTING PRODUCTS Products allowed for electric transactions include energy, capacity, transmission and ancillary service. Only physical transacting products 3 5/07/2008 are approved by the Board. Financial products are explicitly prohibited. Only the Power Supply Engineer, with General Manager counter signature, is authorized to perform a District energy transaction: 1. All transactions must be committed by authorized transaction personnel. 2. All transactions must be with approved counterparties with executed and Board approved contracts. 3. All transactions must be with counterparties with adequate available credit. 4. All transactions must be committed over recorded phone lines or via electronic mail. 5. All transactions must be for allowed transaction products. 6. All transactions must be consistent with Electric Supply Procurement policy. Failure to observe and comply with this Policy when executing energy transactions is a violation of District Code and is subject to disciplinary action. 3.06.6 TRANSACTING AUTHORITY The General Manager has the authority to purchase and sell energy products for terms of up to three years under open purchase contracts. Authority to enter into transactions must be based on District Board approved contracts such as master agreements, purchase agreements or other contractual forms. In all cases the District Code provides the final authorization rules and regulations for energy purchases. 3.06.7 CONFLICT OF INTEREST Personnel involved in transacting and oversight of the District energy supply resource acquisition products may not engage in financial conflicts of interest, unless the District Directors are duly informed and it elects to waive such conflicts. All personnel in procuring or selecting counterparties for contracting or transacting are required to complete, on an annual basis, the Form 700 Disclosure forms and submit these forms to the District Clerk. The General Manager is responsible for routinely reviewing the Form 700 of each personnel engaged in the supply resource decision-making process for the purpose of identifying potential conflicts of interest. District Counsel will assist the General Manager in reviewing these forms and providing legal advice in connection with such reviews. 4 5/07/2008