HomeMy WebLinkAboutResolution - 6559 - Power Utility Competitive Matters Excepted From Disclosure Requirements - 10_14_1999Resolution No. 6559
Oct. 14, 1999
Item No. 62
RESOLUTION
WHEREAS, Senate Bill 7 enacted into law by the 76°i Session of the Texas
Legislature and signed by the Governor on June 18, 1999, with an effective date of
September 1, 1999, amends Subchapter C, Chapter 552, Government Code, by adding
Section 552.131 to provide a new exception to disclosure for public power utility
competitive matters; and
WHEREAS, Senate Bill 7 defines "competitive matter" as a utility -related
matter that the public power utility governing body in good faith determines by a
majority vote is related to the public power utility's competitive activity, including
commercial information, and would, if disclosed, give advantage to competitors or
prospective competitors; and
WHEREAS, the City of Lubbock, Texas, a home -rule municipal corporation, in
the State of Texas, owns and operates a municipal electric utility; and
WHEREAS, the City Council of the City of Lubbock, as the governing body of
the municipally owned electric utility, desires to adopt this RESOLUTION defining
"competitive matter" for the purpose of protecting the competitive position of its
electric utility as provided for in Senate Bill 7; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
PART 1: Competitive Matter (herein so called): For the purposes of application
of Section 552.131 of the Government Code, which provides for exception to
disclosure for public power utility competitive matters, the following categories of
information are determined by the City Council of the City of Lubbock, in the exercise
of good faith, to be Competitive Matters, the disclosure of which would give advantage
to competitors or potential competitors:
(A) Financial Information, including but not limited to:
(1) Strategic and business plans and studies,
(2) Rate and pricing strategies and studies.
(3) Revenue and expense projections and targets;
(4) Fuel pricing and usage;
(5) Fuel hedging/risk management strategies;
(6) Cost of service studies;
(7) Capital improvements and project plans and studies;
(8) Target electric generation and production levels;
(9) Operation and capital statements - actual to budget performance
information;
(10) Business forecasts.
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(C)
Purchasing and Contract Information, including but not limited to:
(1) Power supply (energy and capacity) pricing, proposals and
contracts;
(2) Power sales pricing, proposals and contracts;
(3) Fuel contracts and proposals;
(4) Stored/reserve fuel supply;
(5) Power purchase contracts and proposals;
(6) Purchasing information relating to competitive matters, including
bids, specifications, proposals, contracts and bid results;
(7) Fuel transportation pricing and contracts;
(8) Negotiations, modeling, data, correspondence, drafts and
memoranda related to negotiations and consideration of the above
contracts and pricing.
Business Operations Information, including but not limited to:
(1) Work management studies, system configuration and system
data;
(2) Benchmarking data, surveys, reports and other information;
(3) Market plans, studies, and strategies;
(4) Personnel staffing levels and compensation;
(5) Cost of service studies;
(6) Internal business performance information;
(7) Energy and billing information;
(8) Internal cost assignments and allocation methodology;
(9) Financial planning, sensitivity and scenario analyses;
(10 Competitive Intelligence systems and information;
(11) Product design information;
(12) Forecast of sales and revenues
(13) Sales and promotion strategies, plans, contracts, proposals and
budgets (historical and forecast);
(14) Contracts or proposals for retail energy sales;
(15) Sales incentive plans;
(16) Strategies, plans, contracts, proposals and budgets regarding
marketing research;
(17) Strategies, plans, contracts, proposals and budgets regarding
analyses, sales and marketing and promotion of retail products
and services, or the development of same;
(18) Research regarding energy loads;
(19) Corporate business plans;
(20) Assessments, plans or strategies related to acquisition of other
utilities;
(21) Strategies, plans or studies regarding debt allocation or
refunding;
(22) Internal audit reports;
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(23) Reports, summaries or other documentation describing executive
pay and employment prerequisites;
(24) Consulting reports;
(25) Financial, accounting or statistical data submitted confidentially
to industry groups or other third parties regarding Competitive
Matters;
(26) Information or data related to firms supplying goods or services
related to the municipally owned utility;
(27) Alliance, and joint venture and aggregation information for
power generation or sales.
(D) Generation/System Operations Information, including but not limited to:
(1) Generating unit operating and performance data, including heat
rates;
(2) Engineering and design of generation units and
transmission/distribution system;
(3) Control system design and capabilities;
(4) Maintenance schedules;
(5) Load and generation forecasts;
(6) Generation/Distribution system improvement plans, studies and
work papers;
(7) Generation unit and system audits;
(8) Non -fuel procurement activities;
(9) Data, studies, plans or contracts related to the acquisition,
disposition or exchange of generation facilities, equipment or
other property;
(10) Generation unit, generation system, and facility construction and
project management plans and system operating and performance
data;
(11) Generation control system, design and capabilities;
(12) System improvement evaluations and recommendations,
including economic evaluations;
(13) Maintenance policies and processes;
(14) Operation management planning information.
(E) Competitive Customer Information, including but not limited to:
(1) Customer lists or identification data, consumption data, or
rate/billing/account data.
PART 2. Information or records of the City of Lubbock, in any media, that are
reasonably related to a Competitive Matter as defined in PART 1 above are excepted
from the disclosure requirements of Chapter 552 of the Government Code.
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PART 3. The City Council of the City of Lubbock reserves the right to
supplement or amend the list of Competitive Matters set out in this Resolution from
time to time by addition or deletion or case -by -case determinations as may be
appropriate and desirable in order to continue to operate and manage the City of
Lubbock electric utility in a manner consistent with the interests of the City and its
electric utility customers, and with the protections authorized by Senate Bill 7.
PART 4. Notwithstanding the enumeration otherwise, this Resolution shall not
deem a Competitive Matter any matter excluded from the definition of "competitive
matter" described in Section 552.131(a)(3) (A-M) of the Government Code.
Passed by the City Council this 14th day of
APPROVED AS TO CONTENT:
Paul Thompson
Managing Director Electric Utilities
APPROVED AS TO FORM:
Richard K. Casner
Natural Resources Attorney
RKC:cp Cedocs/Utillity-CompetitiveMatters.Res
September 24, 1999
October 1999.
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