HomeMy WebLinkAboutMinutes - City Council - Special - 10/17/2023CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
October 17, 2023
11:00 A.M.
The City Council of the City of Lubbock, Texas met in special session on the 17th of October, 2023, in
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas at 11:00 a.m.
11:01 A.M. CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas
Present: Mayor Pro Tem Shelia Patterson Harris; Council Member Latrelle Joy; Council Member Christy
Martinez-Garcia; Council Member Mark W. McBrayer; Council Member Dr. Jennifer Wilson;
City Manager W. Jarrett Atkinson; City Secretary Courtney Paz; City Attorney Chad Weaver
Absent: Mayor Tray Payne; Council Member Steve Massengale
Note: The Electric Utility Board addressed agenda items in the, following order:
•Public Comment 1.1; and Executive Session.
• No quorurn, of Ciry Council, was present for all other items.
1. PUBLYC 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.
2. EXECUTIVE SESSION
This meeting was called into a closed session at 11:02 a.m. under the provisions of Section
551, Texas Government Code. City Council lost quorum during Executive Session and
adjourned at 12:34 p.m.
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October 17, 2023
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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 fol(owing categories:
2. 1. 1. Generation unit specific and portfolio �xed 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.
2. 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 sa(es (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.
2. 1. 6. 1.
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.
Discuss and deliberate customer billing options and related market matters.
2. 2. Hold an executive session in accordance with V.T.C.A. Government Code § 551.071, 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 2.1-2.1.6.1 of this agenda.
2. 2. 3.
2. 2. 4.
2. 2. 5.
2. 2. 6.
Special City Council Meeting
October 17, 2023
Legal advice and counsel regarding purchased power agreements.
Legal advice and counsel regarding contemplated litigation matters.
Page 3 of 6
Legal advice and counsel regarding confdential matters pertaining to integration into retail
market competition.
Legal advice and counsel regarding North American Electric Reliability Corporation Critical
Infrastructure Protection (NERC CIP) standards.
2. 2. 7. 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. 8.
2. 2. 9.
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.
2. 2. 10. 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.
2. 2. 11. City of Lubbock, Texas v. Elk City Wi»d II, LLC, Cause No. C1V-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, employment, evaluation, and duties of a public officer or employee (Director of
Electric Utilities/Chief Administrative Officer, and General Counsel).
2. 4. Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate
the appointment and/or reappointment of a public officer or employee (Electric Utility Board).
11:30 a.m. -Approximately - Following completion of the Executive Session, the Electric Utility Board will
reconvene in open session to disczrss the items listed below. It is a»ticipated Ihat the open sessiorr will begin af
11:30 a.m. However, this is an approximation af�d the Board may begin the open session earlier o�� later
depending on when the Executrve Session is complete.
3.
3. 1.
REGULAR SESSION
The Board will approve the minutes from the Regular Electric Utility Board Meeting on September
19, 2023 and Special Electric Utility Board Meeting on October 3, 2023.
*This item was deleted.
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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
operational performance metrics.
*This item was deleted.
3. 3. Presentation and discussion of financial and capital statements, budget, financing 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. The Board will consider a resolution regarding the process which will be followed for assigning
customers to the entities previously selected to serve as Provider of Last Resort (POLR) in LP&L's
certificated area upon LP&L's entry into retail competition.
*This item was deleted.
3. 5. The Board will consider a resolution regarding the process to which will be followed for assigning
customers to the entities previously selected to serve as Default Retail Electric Providers (DREP)
in LP&L's certifcated area upon LP&L's entry into retail competition.
*This item was deleted.
3. 6. The Board will consider a resolution determining that condition (7) in the Customer Choice
Resolution adopted by the Electric Utility Board on February 15, 2022, relating to the sufficiency
of the number of retail electric providers, including a sufficient number of independent, unaffiliated
retail electric providers within the ERCOT market, has been satisfied, such that competitive
customer choice can be adequately provided to customers within LP&L's certificated service area.
*This item was deleted.
3. 7. The Board will consider a resolution recommending to the City Council of the City of Lubbock,
one (1) appointment and/or reappointment, as applicable, to the Electric Utility Board in
accordance with Section 2.03.415(e) of the Code of Ordinances of the City of Lubbock.
*This item was deleted.
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3. 8. The Board will consider a resolution approving the hiring of a candidate to serve as General
Counsel for LP&L.
*This item was deleted.
4. CONSENT AGENDA
4. 1. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his
designee, to retroactively ratify and to execute that certain First Amendment to Professional
Services Agreement by and between the City of Lubbock, acting by and through Lubbock Power &
Light, and Aeparmia Engineering, PLLC, integrating previously inadvertently excluded exhibits.
This Agreement is in regard to consulting services related to project management, cost tracking,
procurement assistance, landowner relations, easement support services, communications and
coordination with other utilities, Consultant oversight, and construction management services. This
amendment does not increase the amended not to exceed amount of $3,000,000, for a term of 3
years.
*This item was deleted.
4. 2. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his
designee, to execute the Service and Equipment Agreement ("Agreement") pricing quote dated
August 23, 2023, by and between the City of Lubbock, acting by and through Lubbock Power &
Light, and Doble Engineering Company, confrming acceptance of pricing for 2023-2026 for
diagnostic testing equipment, operating software and related engineering support services provided
under a Master Services Agreement ("MSA") dated November 19, 2021. The Agreement increases
the Not to Exceed price for the MSA from $159,503.30 to $335,704 to provide funding for existing
equipment, software and services plus two new Power System Simulators, for the period from
October 24, 2023 through October 23, 2026.
*This item was deleted.
4. 3. The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his
designee, to execute that certain amendment to a Service Agreement with Tesla, Inc. to provide
energy, demand, and weather forecast services related to the LP&L system load requirements.
Subscription costs are $1,956 per month and the not to exceed amount increases by $50,000, from
$100,000 to $150,000.
*This item was deleted.
12:34 P.M. CITY COUNCIL ADJOURNED
There being no further business to come before Council, the meeting was adjourned.
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October 17, 2023
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The October 17, 2023 Special City Council Meeting minutes were approved by the City Council on the 12th
day of December, 2023.
AT' EST:
Co ney Paz, City Secretary
*This item was discussed, by the Board, without a quorum of Council Members present.
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