HomeMy WebLinkAboutMinutes - City Council - Special - 9/19/2023CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
September 19, 2023
11:00 A.M.
The City Council of the City of Lubbock, Texas met in special session on the 19th of September, 2023,
at the LP&L Distribution Center, 402 Municipal Drive, Municipal Hill, Training Room, Lubbock,
Texas at 11:00 a.m.
11:06 A.M. CITY COUNCIL CONVENED
LP&L Distribution Center, 402 Municipal Drive, Municipal Hill, Training Room,
Lubbock, Texas
Present: Mayor Tray Payne; Mayor Pro Tem Shelia Patterson Harris; Council Member Latrelle Joy;
Council Member Steve Massengale; City Manager W. Jarrett Atkinson; City Attorney Chad
Weaver; Deputy City Secretary Jimmy Maynard
Absent: Council Member Christy Martinez-Garcia; Council Member Mark W. McBrayer; Council
Member Dr. Jennifer Wilson
Note: The Eleciric Utiliry Board addressed agenda items in the following order:
•Public Comment 1.1; and Executive Session
• No quorum, of City Council, was present for all other items.
1. PUBLIC COMMENT
1. 1. This period, of up to thirty minutes, is dedicated to public comment. Each member of the public
will have three minutes to speak. Any member of the public that requires the assistance of a
translator will have six minutes to speak. Comments must be limited to only those items posted on
the Electric Utility Board agenda. Any member of the public wishing to speak shall sign up on the
public comment sheet on the day of the Electric Utility Board Meeting, prior to the beginning of
the meeting. The Electric Utility Board shall follow the order of persons wishing to speak as listed
on the sign-up sheet. If everyone who signed up to speak has been given an opportunity to speak
and the thirty minutes designated for public comment has not been exhausted, the Electric Utility
Board may, at its discretion, open the floor to anyone else wishing to address the Electric Utility
Board, subject to all the same procedures and guidelines.
No one appeared to speak.
Z. EXECUTIVE SESSION
This meeting was called into a closed session at 11:08 a.m. under the provisions of Section
551, Texas Government Code. City Council lost quorum during Executive Session and
adjourned at 12:00 p.m.
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September 19, 2023
Page 2 of 5
2. 1. Hold an executive session in accordance with V.T.C.A. Government Code § 551.086, to discuss
and deliberate, on the following competitive matters of Lubbock Power & Light, reasonably
related to the following categories:
2. 1. 1. Generation unit specifc and portfolio fixed and variable costs, including forecasts of those
costs, capital improvement plans for generation units, and generation unit operating
characteristics and outage scheduling.
2. 1. 1. 1.
2. 1. 2.
Discuss and deliberate issues regarding generation unit operating characteristics and
outage scheduling.
Bidding and pricing information for purchased power, generation and fuel, and Electric
Reliability Council of Texas bids, prices, offers, and related services and strategies.
2. 1. 2. 1. Discuss and deliberate issues regarding bidding and pricing for purchased power,
generation, and fuel, and Electric Reliability Council of Texas prices and related services
and strategies.
Z. 1. 3.
2. 1. 3. 1.
2. 1. 4.
2. 1. 4. 1.
Effective fuel and purchased power agreements and fuel transportation arrangements and
contracts.
Discuss and deliberate purchased power agreements and fuel matters.
Risk management information, contracts, and strategies, including fuel hedging and storage.
Discuss and deliberate risk management strategies.
2. 1. 5. Plans, studies, proposals, and analyses for system improvements, additions, or sales (other
than transmission and distribution system improvements inside the service area for which the
public power utility is the sole certifcated retail provider).
2. 1. 5. 1.
2.1.6
Discuss and deliberate plans, studies, proposals, and analysis for system improvements,
additions, or sales.
Customer billing, contract, and usage information, electric power pricing information, system
load characteristics, and electric power marketing analyses and strategies.
2. 2. Hold an executive session in accordance with V.T.C.A. Government Code § SS l.071, seeking the
advice of its legal counsel about pending or contemplated litigation or settlement offers and hold a
consultation with the attorney on matters in which the duty of the attorney to the City Council and
the Electric Utility Board under the Texas Disciplinary Rules of Professional Conduct of the State
Bar of Texas conflicts with Chapter 551 of the Texas Government Code:
2. 2. 1.
Legal issues regarding contract(s), including purchase orders, herein listed on the agenda
2. 2. 2. Legal advice and counsel regarding matters identified in Section 2.1-2.1.6 of this agenda.
Special City Council Meeting
September 19, 2023
2. 2. 3
2. 2. 4.
2. 2. 5.
Legal advice and counsel regarding purchased power agreements.
Legal advice and counsel regarding contemplated litigation matters.
Page 3 of 5
Legal advice and counsel regarding North American Electric Reliability Corporation Critical
Infrastructure Protection (NERC CIP) standards.
2. 2. 6. Southwestern Public Service Company Revisions to Partial Requirements Agreement to
Reflect Settlement Agreement with Lubbock Power & Light, Docket No. ER23-1144-000,
proceeding before the Federal Energy Regulatory Commission ("FERC").
2. 2. 7.
2. 2. 8.
2. 2. 9.
2. 2. 10.
Claims related to property damage occurring on or about September 17, 2021, and October
19, 2021, and business interruption beginning on or about September 17, 2021.
Claims related to alleged property damage on or about February 13-19, 2021.
Application of the City of Lubbock, acting by and through Lubbock Power & Light (LP&L)
to Change Rates for Wholesale Transmission Service, proceeding before the Public Utility
Commission of Texas, PUC Docket No. 54657.
City of Lubbock, Texas v. Elk Citv Wind II, LLC, Cause No. CIV-23-232-G, proceeding in the
United States District Court for the Western District of Oklahoma.
2. 3. Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate
the appointment, employinent, evaluation, and duties of a public officer or employee (Director of
Electric Utilities/Chief Administrative Officer, and General Counsel).
11:30 a.m. -Approximately - Following completion of the Executive Session, the Electric Utility Board will
reconvene in open session to discuss the items li.sted below. It is anticipated that the open se.ssion will begin at
11:30 a.m. However, this is an approximation and the Board may begin the open session earlier or later
depending on when the Executive Session is complete.
3.
3. 1.
REGULAR SESSION
The Board will approve the minutes from the Regular Electric Utility Board Meeting on August
15, 2023 and Special Electric Utility Board Meeting on August 30, 2023.
*This item was deleted.
3. 2. Presentation and discussion of the update/report by the LP&L Chief Administrative Officer, or his
designee, regarding strategic planning, board committee reports, ordinance change requests, EUB
policy and procedures, customer service, business center practices, procedures and policies,
transition to retail customer choice, customer concerns and complaints, billing system, forms, and
procedures, status of transmission and distribution projects, generation, mutual aid, weather events,
outage and restoration efforts, grid matters, Electric Reliability Council of Texas ("ERCOT")
matters and committee participation, staffing levels, personnel, regulatory matters, including
proceedings regarding the pro forma tariff, training, cybersecurity, mutual aid agreement, and
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September 19, 2023
operational performance metrics.
*This item was deleted.
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3. 3. Presentation and discussion of financial and capital statements, budget, fnancing options, audits,
and financial policies of Lubbock Power & Light relating to debt issuance issues and historical
debt matters, reserve account funding, cost allocation, revenue and expense projections, power cost
recovery factor, customer metering, tariff and billing, service and administrative issues.
*This item was deleted.
3. 4. Discuss and the Board will take possible minuted action regarding the time, place, and location of
the Electric Utility Board's Regular Meetings for the months of November and December of 2023.
Possible dates for discussion are attached, but the discussion may include other dates to the extent
necessary to accommodate schedules.
*This item was deleted.
3. 5. Presentation and report regarding the meeting of the Helping Hands Education Committee, and
matters discussed at same regarding customer service, and move to retail competition, and public
education regarding same.
*This item was deleted.
3. 6. Discuss and the Board will take action on the preliminary plan of finance related to the upcoming
sale of up to $80,000,000 of Electric Light & Power System Revenue Bonds, Series 2023, relating
to the Settlement Agreement entered into between the City of Lubbock, acting by and through
Lubbock Power & Light and Southwestern Public Service Company dated May 27, 2021, EUB
Resolution No. 2021-R0039, and City Council Resolution No. 2021-R0201.
*This item was deleted.
3. 7. The Board will consider a resolution to approve the proposed changes to the Code of Ordinances
Title 1, Chapter 2, Article 2.03, Division 12, Sections 2.03.413-418 regarding the calculation and
disbursement of funds from the general reserve.
*This item was deleted.
3. 8. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his
designee, to execute an amendment to the Professional Services Agreement (PSA) dated October
19, 2021, by and between the City of Lubbock, acting by and through LP&L, and NewGen
Strategies and Solutions, LLC, a Colorado limited liability company ("Consultant") for rate
consulting support. This amendment increases the not to exceed amount by $100,000 to $250,000
for a term of 2 years.
*This item was deleted.
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4. CONSENT AGENDA
4. 1. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or their
designee, to execute a Proposal for Implementation of Cascade Upgrades, related Software License
Agreement, and purchase of software upgrades by and between the City of Lubbock, acting by and
through Lubbock Power and Light, and DNV Energy Insights USA, Inc., for necessary upgrades to
the existing Cascade substation asset management software solution. This agreement is for a not to
exceed the original amount of $246,168, for a term of 1 year.
*This item was deleted.
4. 2. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his
designee, to amend a Professional Services Agreement, by and between the City of Lubbock,
acting by and through Lubbock Power & Light, and Enprotec/Hibbs & Todd, lnc., a Texas
corporation, for professional engineering services related to monitoring, closure, and management
of groundwater issues located at the Cooke Plant Site. This amendment increases the not to exceed
amount to $300,000 for a 2 year term.
*This item was deleted.
12:00 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, the meeting was adjourned.
The September 19, 2023 Special City Council Meeting minutes were approved by the City Council on the 7th
day of November, 2023. , „
AT" ' S ':
Courtney Paz, City Secre
*This item was discussed, by the Board, without a quorum of Council Members present.