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HomeMy WebLinkAboutResolution - 2022-R0345 - Notice of Intent to Opt into Retail Competition with ERCOTResolution No. 2022-RO345 Item No. 7.4 August 9, 2022 RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned public power utility of the City of Lubbock ("Lubbock Power & Light" or "LP&L"); WHEREAS, on February 15, 2022, by EUB Resolution No. 2022-R0010, the Electric Utility Board passed an irrevocable resolution to choose to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, on February 22, 2022, by Resolution No. 2022-R0108, the City Council of the City of Lubbock passed an irrevocable resolution to choose to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, collectively, the resolutions described above are referred to herein as the "Resolutions"; WHEREAS, the Resolutions provide that "the Director of Electric Utilities BE and is hereby DIRECTED to take all necessary steps to initiate customer choice for LP&L ratepayers, as permitted by Chapter 40 of the Texas Utilities Code, including without limitation, steps necessary to so implement customer choice, and to timely report same to the Electric Utility Board of the City of Lubbock"; WHEREAS, pursuant to the Resolutions, the Electric Utility Board and City Council of the City of Lubbock will, in the future, establish a date certain for when customer choice will begin in the City of Lubbock; WHEREAS, the Electric Reliability Council of Texas ("ERCOT") has developed a Checklist for municipally owned utilities who opt in to retail competition ("ERCOT's Checklist"); WHEREAS, ERCOT's Checklist requires that a municipally owned utility must notify EROCT at least twelve (12) months prior to opting into retail competition; WHEREAS, to satisfy ERCOT's Checklist, the Director of Electric Utilities may submit this notice under the authority provided by the Resolutions; WHEREAS, the date certain for opting into retail competition shall be determined by the Electric Utility Board and the City Council at a future date in accordance with the Resolutions; WHEREAS, for purposes of notifying ERCOT, LP&L will provide the earliest possible estimate for opting into retail competition, with the understanding that the Electric Utility Board and City Council will, in the future, determine the date certain for opting into retail competition once the conditions in the Resolutions have been satisfied; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Electric Utility Board authorizes and directs the Mayor of the City of Lubbock to execute that certain Lubbock Power & Light Notice of Intent to Opt into Retail Competition, as required by ERCOT's Checklist, in substantially the form as attached to the Resolution. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT providing this Notice of Intent to Opt into Retail Competition, substantially in the form as attached to the Resolution, provides the earliest possible date for LP&L's opt -in to retail competition, and LP&L expressly reserves the right to initiate opt -in at a later date as the circumstances may warrant. Further, such opt -in date is subject to action by the City of Lubbock City Council and the Electric Utility Board to determine the appropriate date once conditions in the opt -in Resolutions have been satisfied. Passed by the City Council of the City of Lul ATTEST: Becky Garza, City Secr t APPROVED AS TO CONTENT: Jo vy, Director of El;c Utilities I APPROVED AS TO FORM: Jennk)mith,k2&L General Counsel RESOLUTION WHEREAS, Lubbock Power & Light is the municipally owned public power utility of the City of Lubbock ("Lubbock Power & Light" or "LP&L"); WHEREAS, on February 15, 2022, by EUB Resolution No. 2022-R0010, the Electric Utility Board passed an irrevocable resolution to choose to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, on February 22, 2022, by Resolution No. 2022-R0108, the City Council of the City of Lubbock passed an irrevocable resolution to choose to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to certain conditions outlined in the Resolution; WHEREAS, collectively, the resolutions described above are referred to herein as the "Resolutions"; WHEREAS, the Resolutions provide that "the Director of Electric Utilities BE and is hereby DIRECTED to take all necessary steps to initiate customer choice for LP&L ratepayers, as permitted by Chapter 40 of the Texas Utilities Code, including without limitation, steps necessary to so implement customer choice, and to timely report same to the Electric Utility Board of the City of Lubbock"; WHEREAS, pursuant to the Resolutions, the Electric Utility Board and City Council of the City of Lubbock will, in the future, establish a date certain for when customer choice will begin in the City of Lubbock; WHEREAS, the Electric Reliability Council of Texas ("ERCOT") has developed a Checklist for municipally owned utilities who opt in to retail competition ("ERCOT's Checklist"); WHEREAS, ERCOT's Checklist requires that a municipally owned utility must notify EROCT at least twelve (12) months prior to opting into retail competition; WHEREAS, to satisfy ERCOT's Checklist, the Director of Electric Utilities may submit this notice under the authority provided by the Resolutions; WHEREAS, the date certain for opting into retail competition shall be determined by the Electric Utility Board and the City Council at a future date in accordance with the Resolutions; WHEREAS, for purposes of notifying ERCOT, LP&L will provide the earliest possible estimate for opting into retail competition, with the understanding that the Electric Utility Board and City Council will, in the future, determine the date certain for opting into retail competition once the conditions in the Resolutions have been satisfied; NOW THEREFORE, BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Electric Utility Board authorizes and directs the Chairman of the Electric Utility Board to execute that certain Lubbock Power & Light Notice of Intent to Opt into Retail Competition, as required by ERCOT's Checklist, in substantially the form as attached to the Resolution, and further recommends approval of same to the City Council of the City of Lubbock. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT providing this Notice of Intent to Opt into Retail Competition, substantially in the form as attached to the Resolution, provides the earliest possible date for LP&L's opt -in to retail competition, and LP&L expressly reserves the right to initiate opt -in at a later date as the circumstances may warrant. Further, such opt - in date is subject to action by the City of Lubbock City Council and the Electric Utility Board to determine the appropriate date once conditions in the opt -in Resolutions have been satisfied. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT this Resolution shall be null and void if the City Council shall not likewise approve and authorize the attached Notice of Intent to Opt into Retail Competition, substantially in the form as attached hereto, within ninety (90) days of the date hereof. Passed by the Electric Utility Board this 19th day of July 2022. Dan Odom, Chairman M: . -JA404� n Stafford, Boaot6cretary APP D AS CONTENT: JoeI4, Virecto-r—oTlEre7c Utilities APPROVED AS TO FORM: Je@y ith, LP&L General Counsel 0 Lubbock Power & Ugbt llieo+v�risyra��c (DATE] Electric Reliability Council of Texas ("ERCOT") Attention: Market Participant Registration 8000 Metropolis Drive (Building E), Suite 100 Austin, Texas 78759 Via Certified Mail, Return Receipt Requested Via Email: MPRegistration!u:ercot.com Re: Lubbock Power & Light Notice of Intent to Opt into Retail Competition Market Participant Registration: Pursuant to the ERCOT Protocols, Section 16.6, and ERCOT's Opt -In Checklist, the City of Lubbock, acting by and through Lubbock Power & Light (" LP&L" ), hereby provides at least twelve (12) months' notice of its intent to opt -in to retail competition, from the date of this letter. Please be advised that this date is the earliest possible date for LP&L's opt -in to competition, and LP&L expressly reserves the right to initiate opt -in at a later date as the circumstances may warrant. Further, such opt -in date is subject to action by the City of Lubbock City Council and the Electric Utility Board to determine the appropriate date once conditions in the opt -in resolutions, described below, have been met. LP&L will keep in communication with ERCOT regarding this date as the project progresses. Further, LP&L anticipates that all its customers will get transitioned to the retail market over the month following the actual opt -in date. On February 15, 2022, and February 22, 2022, respectively, the City of Lubbock's Electric Utility Board and City Council passed irrevocable resolutions, opting into retail competition for LP&L's certificated area upon the completion of certain conditions outlined therein. Those resolutions are attached to this letter for your reference. LP&L reserves the right to update ERCOT of any delays to this schedule provided herein, because opting into retail competition can only occur once the specified conditions have been met. For clarity, however, LP&L does not have any plans to opt in prior twelve (12) months from the date of this letter. While ERCOT and LP&L are engaging in monthly calls to ensure a smooth transition to the retail market for LP&L's customers, should ERCOT have any other questions or need to discuss matters related to retail competition, please feel free to contact Joel Ivy, Director of Electric Utilities, at (806) 775-2704 or at jivv(&=il.ci.lubbock.tx.us. 1314 Ave. K., 511 Floor I Lubbock, Texas 79401 1 906.775.2509 1 www.lpandl.com Respectfully, Dan Odom Chairman Electric Utility Board Enclosures: Opt -in Resolutions Tray Payne Mayor City of Lubbock Resolution No. 2022-R0108 Item No. 8.5 February 22, 2022 WHEREAS, the City of Lubbock and its municipally owned electric utility, Lubbock Power & Light ("LP&L") are currently served with wholesale power delivered through both the Electric Reliability Council ofTexas ("ERCOT") and the Southwest Power Pool Regional Transmission Organization ("SPP'); WHEREAS, in Texas, retail competition and customer choice are available within ERCOT but are not available within SPP; WHEREAS, approximately seventy percent (70%) of LP&L's load is currently in ERCOT (the "Affected Load"); WHEREAS, LP&L has begun taking steps to move the remainder of its load, approximately thirty percent (301K), from SPP to ERCOT (the "Remaining Load'); WHEREAS, on or about October 29, 2010, LP&L purchased the majority of Southwestern Public Service Company's ("SPS") distribution assets located within the Lubbock city limits ("SPS Legacy System"); WHEREAS, LP&L is undertaking certain distribution projects to move LP&L customers on SPS's Legacy System over to LP&L's distribution system in preparation for the integration of the Remaining Load into ERCOT; WHEREAS, LP&L intends that it will be fully integrated with one hundred percent (100%) of its load in the ERCOT market by May 31, 2023 ("LP&L's Total Load'), subject to the completion of necessary capital improvement projects and regulatory approvals; WHEREAS, ERCOT has a robust market within which many retail electric providers ("REPs") participate, which allows customers to choose their own retail electric providers through the competitive market place; WHEREAS, Texas law provides the opportunity for municipally owned electric utilities to provide customer choice to its customers; WHEREAS, the municipal governing body or a body vested with the power to manage and operate a municipally owned utility has the discretion to decide when or if the municipally owned utility will provide customer choice; WHEREAS, Texas law provides that municipally owned utilities may choose to participate in customer choice at any time on or after January 1, 2002, by adoption of an appropriate resolution of the municipal governing body or a body vested with power to manage and operate the municipally owned utility; WHEREAS, the decision to participate in customer choice by the adoption of a resolution is irrevocable; WHEREAS, Texas law provides that the metering function of a municipally owned utility that provides competition to customers may not be deemed competitive, and, at the option of the municipally owned utility, continue to be offered by the municipally owned utility as the sole provider; WHEREAS, the City Council of the City of Lubbock believes that customer choice and retail electric competition will benefit the citizens of Lubbock and enhance growth and development in Lubbock, WHEREAS, the City Council of the City of Lubbock understands that this Resolution is in -evocable; WHEREAS, the City Council of the City of Lubbock desires to adopt this irrevocable resolution to choose to participate in customer choice upon the occurrence of specified conditions, contained herein, which are required prerequisites for offering customer choice; WHEREAS, upon the initiation of customer choice, LP&L would continue to provide the metering function for customers within LP&L's certificated service arec WHEREAS, the City Council of the City of Lubbock, as a municipal governing body and a governing body vested with power to manage and operate LP&L (along with the Electric Utility Board of the City of Lubbock), wishes to offer customer choice to the ratepayers of LP&L through this irrevocable resolution, upon the conditions outlined herein; NOW, THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT, to the extent the City Council of the City of Lubbock possesses governance jurisdiction over LP&L, as prescribed by the City Charter and Ordinances of the City of Lubbock, including without limitation, Chapter 1, Article XII, Section 1 of the City Charter and Chapter 2, Article 2.03, Division 12 of the Code of Ordinances, the City Council of the City of Lubbock hereby irrevocably chooses to offer customer choice to the ratepayers of LP&L, as contemplated by Chapter 40 of the Texas Utilities Code, subject to the conditions outlined herein. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Director of Electric Utilities BE and is hereby DIRECTED to take all necessary steps to initiate customer choice for LP&L ratepayers, as permitted by Chapter 40 of the Texas Utilities Code, including without limitation, steps necessary to so implement customer choice, and to timely report same to the Electric Utility Board of the City of Lubbock. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT customer choice will commence when the following conditions have been met, and this irrevocable resolution is expressly subject to the occurrence of all of the following conditions: (1) LP&L's Total Load has been fully integrated into ERCOT for a minimum period of sixty (60) days. (2) ERCOT and/or the Public Utility Commission of Texas, or any other applicable regulatory body, approves the initiation of customer choice for LP&L and its customers, to the extent necessary or required. (3) The Electric Utility Board and the City Council of the City of Lubbock have established the procedures and criteria, if desired, for selecting the Provider of Last Resort ("POLR") for customers within LP&L's certificated service area as of the date of the initiation of customer choice, and have ultimately designated another entity that will serve as the POLR pursuant to Texas Utilities Code § 40.053. (4) LP&L has the necessary software in place that bills the retail electric providers and manages customer and meter related transactions and is fully operational and all necessary testing completed. (5) LP&L has its EDI Gateway, which consists of a communication channel with ERCOT and all other required parties, fully operational and all necessary testing completed. (6) LP&L has completed its distribution system cutover such that all distribution within LP&L's certificated retail service area is disconnected from the SPS Legacy System, and connected with LP&L's current distribution system. (7) The Electric Utility Board and the City Council of the City of Lubbock have determined that there are, and will continue to be, a sufficient number of retail electric providers, including a sufficient number of independent, unaffiliated retail electric providers within the ERCOT market and that are willing and able to provide service in Lubbock to adequately provide competitive customer choice for LP&L's certificated area. (8) LP&L has executed any and all necessary contracts with REPS who intend to serve LP&L's certificated area upon the initiation of customer choice. (9) LP&L has made any necessary filings with the PUC regarding its generation function, to the extent required under Texas Utilities Code § 40.55(aX2) and rules promulgated thereunder. (10) To the extent desired by the governing bodies, the Electric Utility Board has recommended and the City Council of the City of Lubbock has approved an ordinance requiring the registration of REPS that are serving the City of Lubbock pursuant to Texas Utilities Code § 39.358. (11) The Electric Utility Board and the City Council of the City of Lubbock have approved the Tariff for Competitive Retailer Access for the City of Lubbock, acting by and through Lubbock Power & Light, as provided in 16 Texas Administrative Code § 25.215 and Appendix V to the PUC Electric Substantive Rules,16 Texas Administrative Code, Chapter 25, and f neir approved the rates for open access on distribution facilities under Texas Utilities Code § 40.058, and filed same with the Public Utility Commission of Texas no later than 90 days prior to the implementation of customer choice. (12) LP&L has taken all steps necessary to continue the metering function for its customers in its certificated service area, with such metering function not being competitive as provided in Texas Utilities Code §§ 40.053(b) and 40.057. (13) LP&L has substantially completed installing its advanced metering infrastructure for electric service in LP&L's certificated area. (14) The Electric Utility Board and the City Council have approved a transition to competition plan for customers in LP&L's certificated area that have not affirmatively selected their own retail electric provider prior to the date retail choice is initiated. (15) Any of the foregoing conditions may be waived by the Electric Utility Board and the City Council if and only to the extent such conditions are no longer legally required for the adoption of customer choice in the City of Lubbock. (16) The Electric Utility Board and the City Council of the City of Lubbock have, by resolution, confirmed that the foregoing conditions in this resolution have, in their sole judgment, been satisfied or exceeded and have established a date certain for when customer choice will begin in the City of Lubbock. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That retail electric customer choice shall be initiated on the completion of all conditions provided herein. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: That the decision to initiate customer choice upon the conditions outlined herein is forever irrevocable and cannot be revoked, recalled, repealed, or altered in any way. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: The recitals and preambles of this resohition are hereby adopted as further findings of the City Council of the City of Lubbock. Passed by the City Council of the City of Lubbock this 22nd day of February, 2022. "I - Daniel Pope, May ATTEST: APPROVED AS TO CONTENT: (Q. a I kel 0 f(A David McCalla, Director of Electric Utilities APPROVED AS TO FORM: Je&y mi* LP&L General Counsel Resolution No. BUB 2022 R0010 WHEREAS, the City OfLubbock ubbocc and its municipally owned electric utility, Lubbock Power & Light (%P&L") m currently served with wholesale poww delivered ftou h both the Electric Rdiability Council of Texas CUCOT') and the Soudmed Power Pool Regional Tmmnbsion Organhation ("SPP-X WHEREAS, in Texas, retail con and customer choice are available within ERGOT but are not available within SPP., WHEREAS, v I MA astely seventy Pit (70%) of LP&L's load is currently in ERGOT (the "Affected Load"); WHEREAS, LP&L has begin W ft steps to amwc the remainder of its 104x Y thirty► P ), from SPP to ERCOT (the "Remaining WHEREAS, an or about October 29, 2010, LP&L purchased the majority of Southwestern Public Service Company's (" SPS") distn'bution assets looted within the Lubbock city limits (" SPS Legacy systann� WHEREAS, LP&L is undertaking certain distribution projects to move LP&L customers on SPS's Legacy system over to LP&L's distribution system in potion for the integration of the Remaining Load into ERGOT; WHEREAS, LP&L intends that it will be filly iategmted with one hundred Mew (100%) of its load in the ERGOT market by May 31, 2023 ("LP&L's Total Load"), subject to the compietion of necessary capital improvanem projects and agalsimy appmvW% WHEREAS. ERCOT has a rob= market within which many retail dectrm Providers MEN) pasticip W which allows customers s to choose their own retail electric providers through due competitive market puma; WHEREAS, Texas law provides the oppotdmity for municipally owned eleeft abilities to provide customer Choice to its Comers; WHEREAS, rim mumcipat 90verning body or body vested withthe power to menage and operate a n micipally ownd utility has the won to decide when or if the municipally owned utility will provide customer choice; WHEREAS, Texas law provides that municipally owned utilities may choose to participate in customer clhoix at any time on of after January 1, 2002, by adoption of an appropriate resolution of the mhmicipol governing body or a body veswd with power to manage and operate the municipally owned utility; WHEREAS, the dmWon to participate in cretomeer choice by the adoption of a resolution is in+evocabhr WHEREAS, Texas lawprovides tha *e metmag huction ofamunicipally owned utility that provides competition to customers coy not be oomp- iitiv% and, at the option of the municipally owned utility, continue to be otlbred by the municipally owned utility as tie sole provider; WHEREAS, the Electric Utility Board of the City of Lubbock (the "EUB" or "Fdectric Utility Board) believes did custoom choice and retail electric oomnpetition will benefit the citizens of Lubbock and enhance growth and developenantin Lubbock; WHEREAS, the Electric Utility Board undustends that this Resolution is icrrer►acuhbla; WHEREAS. the BUB desires to adopt this wevocable resolution to choose to pahtiapato in customer choice upon the oecureme of specified conditions, contained hercK which are required pmequisites for ot%ring euatonur choice; WHEREAS, upon the initiation of customer dm m LP&L would continue to provide the nmIm ng fummon for custcomrs within LP&Vs catifie d service am% WHEREAS, the EUB, as a governing body vested with power to manage and operate LP&L (along with the City Cameil of the city of Lubbock), wishes to offer cull mer choice to die ratepayers of LP&L, dmough this irrevocable resolution, upon the conditions outlined herein; NOW, THEREFORE: BE IT RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT, to the extent the EUB possesses governance jurisdiction over LP&•, as prescribed by the City C bmter and Ordinances of the City of Lubbock, including without limitation. C'hrghter 1, Article XQ, Section 1 of the City Charm and Chapter 2. Article 2.03, Division 12 of the Code of Ordinances, the Electric Utility Board of the City of Lubbock hereby irevoeft chooses to offer arstram m cdtoice to the ra"ayus of LP&.L, as oohed by Chapter 40 of the Tunas Utilities Code, subject to the conditions outlined herein. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT the Director of Blatrie Utilities BE and is hereby DIRECTED to take all necessary► steps to initiate mmomer choice for LP&L ratepayers, as permittod by Clepter 40 of the Tacos Utilities Coda, inchhdiug without limitation, steps necessary to so implement customer choice, and to timely report wm to the Electric Ud ty Board of the City of Lubbock. BE IT FURTHER RBSOLVED BY THE ELECPRIC UTILITY BOARD OF THE CITY OF LUBBOCK: THAT cudomw choice will commence when the following conditions have been met, and this bwombble resolution is expressly adbjeot to fire occurrence of all of the following conditiont (1) LP&Vs Total Load has been ftuUy integrated into ERCOT for a minimum period of sixty (60) days. (2) ERCOT and/or the Public Utility Commission of Texas, or any other applicable regulatory body, approves the initiator of tustannw choice for LP&L and its dames, to the extent necessary or required. (3) Tim Electric Utility Board and the City Couscri ofthe City of Lubbock have established the pzocodures and criteria, if desired, for selecting the Provider of Last Resort (" POM") for customers within LP&Vs certificated service am as of the date of the initiation of customer c boioa, and have ultimately designated artodwr entity that will save as the POLR pursaw to Texas Utilities Code; 40.053. (4) LP&L has the necessary software in place that bills the mail electric providers and manages customa and meter related transactions and is filly operational and all necessary testing completed. (5) LP&L has its EDI Gateway, which consists of a communication channel with ERCOT and all other required parties, fully opeadonal and all (6) LP&L has =Wkted its distribution system Mover such that all diatdludon widdn LP&Vs retail service area is disconnected fiom the SPS Legacy System, and connected with LP&Vs currant diahibnticm system. (7) The Blectric th ty Bard and the City Conrail of the City of Labboclk have determined that there am, and will oas dad to be, a sufficient mmnber of retail electric providers, including a suit mmnber, of hWeperdent, umaffliated retail electric provides within the ERCOT madIand that are willing and able to provide service in Lubboclk to adequately provide co n xffive customer choice for LP&Vs certificated area. (8) LP&L ba ekemded any and all necessary contracts with REPS who Wood to save LP&Vs eetificated area upon the initiation of customer deice. �- 1i^�;.'i-.;r /JI:,�•'•i ,'/ .iYp' (9) LPAL has nude any necessary Slings whhdee PUC regarding its generation A mxioo, totheextentrequiredunderTexasUtilities Code l 40.55(aj(2) and calms p =Mdgated (10) To dee exbart desired by due gavaning bodies, do Blectda Utility Board has receded and the City Council of tee City of Lubbock has approved an ordinimoe requiting the registradon of RBPs dint are saving the City of Lubbock pursuant to Texas Utilities Code # 39.35L (11) The Bletdc; Utility Board and the City Council ofdhe City of Lubbock have approved tee Tariff for C Retailer Access for the City of Lubbock, acting by and duough Lubbock Power 6t Light, as provided in 16 Tehkas Administrative Code 125215 and Appendix V to the PUC Elec do 3ubatantive Rules, 16 Texas eve Code, Chapter 25, and f ndw approved the rates for open am= an distiftudon hoilides under Texas Utilities Code $ 40.058, and Sled same with the Public Udit Commission of Texas no later lban 90 days prior to de imply of cust+ama choice. (12) LPAL has Ubm all steps necessary to continue the metering function for its cUISOneas in its eerti6oded service area, with such metering fimoion not bang votive as provided in Texas Utilities Code f3 40.053(b) and 40.057. (13) LP&L has substandelly completed installing its advanced metering infildruaw for electric service in LPAVs certificated area. (14) The Eleddc Utility Board and the City Council have approved a transition to cation plan for ahsk mers in LP&Vs eatiHcated area that have not affirmadvely selected their own rend electric provider prior to the date retail choice is initiated. (IS)Any of the foregoing emhditions may be waived by rho Electric Utility Brand and the City Council if and only to the extent such conditions are no y required for due Wopdon, of customer choice in die City of (16) Tist burs resolution dmH be null and void and of no effect whatsoever unless the City Council shell, on or before February 28, 2022. have h'lmwise adopted an in viocable resolution providing customer choice within LP&L's eertifiWW mail service areawith the same conditions as provided hereein. (17) The ElecWc Utility Board and the City Council of the City of Lubbock have, by resohtion, confirmed the due foregoing conditions in this resolution have, in their sole judgmaht, been satisfied or exceeded and We established a date catain for when customer choice will begin in *a City of LubbodL BE IT FURTHER RESOLVED BY THE ELECTRIC UTR ITY BOARD OF THE CITY OF LUBBOCK: That mail electric cudonm choice shall be initiated on die coon of all conditions provided herein. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: That dw decision to W&k customer choice upon the conditions walined herein is forever hmocatble and cumot be revoked, malled, repealed, or altered in any way. BE IT FURTHER RESOLVED BY THE ELECTRIC UTILITY BOARD OF THE CITY OF LUBBOCK: The recitals and preambles of this resolution are hereby adopted as An*w fmdinp of the Electric Utility Board. Passed by the Electric Utility Board tins l Sth day of Fdmmy, 2022. ATTEST: �4 APPROVED AS TO CONTENT: r IkNid McCalla, Director of Ebmtdc Utilities APPROVED AS TO FORM: i ''