HomeMy WebLinkAboutResolution - 2003-R0221 - Amendment To LP&L Tarrif And Rate Structure - 06_12_2003Resolution No. 2003-RO221
June 12, 2003
Item No. 34
RESOLUTION
WHEREAS, Lubbock Power & Light is the municipally owned electric
utility of the City of Lubbock; and
WHEREAS, pursuant to Section 40.055 of the Texas Utility Code, the
City Council of the City of Lubbock, as the governing body of Lubbock Power &
Light has exclusive jurisdiction to set all terms of access, conditions, and rates
applicable to services provided by Lubbock Power & Light; and
WHEREAS, Section 551.086 of the Texas Government Code authorizes
the City Council of the City of Lubbock, as the governing body of Lubbock
Power & Light, to meet in executive session to discuss, vote and take final action
on a competitive matter of Lubbock Power & Light; and
WHEREAS, pursuant to Section 9-17 of the Code of Ordinances, City of
Lubbock, Texas, all rates to be charged for electric service provided by Lubbock
Power & Light shall be determined by the City Council of the City of Lubbock in
a meeting conducted pursuant to Section 551.086 of the Texas Government Code;
and
WHEREAS, the City Council of the City of Lubbock has determined that
the subject matter of this resolution and any and all exhibits attached hereto relate
to Lubbock Power & Light's competitive activity; and
WHEREAS, the City Council of the City of Lubbock implemented the
current rate and tariff structure for residential, commercial, industrial and other
retail customers of Lubbock Power & Light via Resolution No. 2001-R0103 and
became effective October 8, 2001; and
WHEREAS, the City of Lubbock desires to amend the current rate and
tariff structure by adding a rate class for certain commercial customers of
Lubbock Power & Light which such amended rate class is attached hereto and
incorporated herein as though set forth fully herein; and
WHEREAS, the City Council has determined in a meeting conducted
pursuant to Section 9-17 of the Code of Ordinances, City of Lubbock, Texas that
the current rate and tariff structure of Lubbock Power & Light should be amended
to improve the efficiency and competitiveness of the City's municipally owned
electric utility; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the tariff and rate structure of Lubbock Power & Light shall be
amended to include a new rate class, designated Rate 16S, which shall become
effective and be implemented by Lubbock Power & Light on July 1, 2003. The
terms and conditions of the new rate class along with the general terms and
conditions applicable to all tariff and rate classes of Lubbock Power & Light is
attached hereto as Exhibit "A" and incorporated herein as though set forth fully
herein.
THAT this rate and tariff structure, as amended and including the general
terms and conditions thereof, shall remain in effect until the City Council of the
City of Lubbock authorizes amendment of such rate and tariff structure.
Passed by the
June
ATTEST:
City Council this 12th day of
.2003.
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Carroll McDonald
Chief Executive Officer
Department of Electric Utilities
City of Lubbock
APPROVED AS TO FORM:
Mattew L. W e, Assistant City Attorney
1:\ccdocs\tariff amend resolution 6-12-03
Resolution No. 2003-R0221
GENERAL TERMS AND CONDITIONS OF THE TARIFF
In order that all Customers may receive uniform, efficient, and adequate service, electric
service will be supplied to and accepted by all Customers receiving service from the City in
accordance with these Terms and Conditions. For purposes of this rate/tariff structure,
"Customer" shall mean any person, firm, corporation or other legal entity receiving electric
service from the City of Lubbock's municipally owned electric utility, Lubbock Power & Light.
"City" shall mean the City of Lubbock, Texas, a home rule municipality.
Customer's Installation. Customer is responsible for installing and maintaining such
protective devices as are recommended or required by the then current edition of the
National Electrical Code or as may be necessary to protect Customer's equipment or
process during abnormal service conditions or the failure of all or a part of the electric
service provided by the Company. All wiring and other electrical equipment furnished
by the Customer will be installed, operated, and maintained by the Customer at all times
in conformity with good electrical practice and with the requirements of the constituted
authorities and these Terms and Conditions.
2. Continuous Service. The City shall use reasonable diligence to provide continuous
electric service but the City does not guarantee against irregularities, interruptions, or
fluctuating wave form or frequency, it being understood that occasional irregularities,
interruptions, and fluctuations are inevitable. The City shall not be liable for damages or
injury, including but not limited to consequential or economic loss damages, occasioned
by interruption, failure to commence delivery voltage, wave form or frequency
fluctuation caused by an act of God or the public enemy, a breakdown of plant, lines or
equipment, inevitable accidents, fire, explosion, strikes, riots, war, delay in receiving
shipments of required materials, order of any court or judge granted in any bona fide
adverse legal proceedings or action or any order by any commission or tribunal having
jurisdiction; OR, WITHOUT LIMITATION BY THE PRECEDING
ENUMERATION, ANY OTHER ACT OR THING DUE TO CAUSES BEYOND
THE CITY'S CONTROL, TO THE NEGLIGENCE OF THE CITY, ITS
EMPLOYEES, OR CONTRACTORS, except to the extent that the damages are
occasioned by the gross negligence or willful misconduct of the City.
3. Intentional Interruption of Service. The City may, without notice and without liability to
the Customer, interrupt service to the Customer when, in the City's sole judgment:
a. Will prevent or alleviate an emergency threatening to disrupt the operation
of the City's system; or
1 "411
b. Will lessen or remove possible danger to life or property; or
C. Will aid in the restoration of electric service; or
d. Is required to make necessary repairs to or changes in the City's facilities.
The City may, in the event of a national emergency or local disaster resulting in
disruption of normal service, in the public interest, interrupt service to the Customer to
provide necessary service to civil defense or other emergency service agencies on a
temporary basis until normal service to the agencies can be restored.
4. Disclaimer of Warranties. THE CITY MAKES NO WARRANTIES
WHATSOEVER WITH REGARD TO THE PROVISION OF ANY SERVICE
AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Late Fees. All bills for electric service shall be due and payable twenty two (22) days
after issuance. A penalty of five (5) percent shall be charged to any person, firm or
organization that fails to pay his bill after twenty two (22) days from issuance. The five
(5) percent late payment penalty shall apply to all classes of customers served. As used
in this section, date of issuance shall mean the date in which a bill is placed in the United
States Mail, properly addressed to the person, firm or institution.
6. Deposits. The City of Lubbock shall not require a deposit from any Customer of the
City's electric system in order to obtain electric service. Any deposits previously
collected by the City for electric service shall be refunded and/or credited to the depositor
thereof within two (2) years of the enactment of this Tariff. Any deposits abandoned or
left unclaimed shall be subject to Chapters 72 and 76 of the Texas Property Code or any
other state law pertaining to abandoned or unclaimed property.
7. Right to Amend. This Tariff may be amended or modified by the City of Lubbock
through a written instrument duly executed by the City Council of the City of Lubbock
without further notice provided to the Customer, except as otherwise required by law.
8. Severability. If any portion of this Tariff is held unenforceable by a court of competent
jurisdiction, the remainder of this Tariff shall not be affected and shall remain fully in
force and enforceable.
9. Applicable Law. The laws of the State of Texas shall govern the validity, performance
and enforcement of this Tariff and the venue for any legal proceedings shall be in
Lubbock County, Texas.
General Terms and Conditions — Page 2 of 2
Resolution No. 2003-R0221
R0 C
LARGE GENERAL SERVICE
TARIFF NUMBER 3.5 (Rate 16S)
APPLICABLE: To all state universities using more than 100,000,000 kWh per year
where facilities of adequate capacity and suitable voltage are
adjacent to the premises to be served.
Not applicable to temporary, breakdown, standby, or
supplementary service.
TERRITORY: Lubbock, Texas
RATE: Demand Charge:
Energy Charge:
$1,815.00 for the first 200 kW, or less of
demand per month.
$9.00 per kW for all additional kW of
demand per month.
$0.007000 per kWh for the first
100,000 kWh used per month.
$0.006390 per kWh for the next
150,000 kWh used per month.
$0.003355 per kWh for all additional kWh
used per month.
TERMS OF PAYMENT: 5% added to bill after 22 days.
DETERMINATION
OF DEMAND: Lubbock Power and Light will furnish at its expense the necessary
metering equipment to measure the customer's kW demand for the
30-minute period of greatest use during the month. The demand for
billing purposes shall not be less than 60% of the highest demand
established during the preceding eleven months.
IIR
FUEL COST RECOVERY: The charge per kilowatt hour of the above rate shall be increased
by the fuel factor per kilowatt hour as provided in the current
Lubbock Power and Light "FUEL COST RECOVERY FACTOR"
as approved by the City Council of the City of Lubbock, and
attached to the Rate Schedule as Addendum "A."
TAX ADJUSTMENT: Billings under this schedule may be increased by an amount equal
to the sum of the taxes payable under federal, state and local sales
tax acts, and of all additional taxes, fees, or charges, (exclusive of
ad valorem, state and federal income taxes) payable by the utility
and levied or assessed by any governmental authority on the public
utility services rendered, or on the right or privilege or rendering
the service, or on any object or event incidental to the rendition of
the service, as the result of any new or amended laws after June 30,
1965.
CHARACTER OF
SERVICE: Three-phase, 60 hertz, supplied to the entire premises at
one standard voltage less than 12,000 volts.
EFFECTIVE DATE: June X, 2003.
Large General Service — Page 2 of 2
Resolution No. 2003 R0221
ADDENDUM "A"
FUEL COST RECOVERY FACTOR
Applications of fuel cost recovery factors are as follows:
I. Primary Distribution Fuel/Power Cost Recovery Factor
The Primary Distribution Fuel/Power Cost Recovery Factor shall be billed at a rate of 0.98744
times the Secondary FCA (see Section II below), applied per kilowatt hour and shall apply when
service is metered at greater than or equal to 12 W and less than 69 W
H. Secondary Distribution Fuel/Power Cost Recovery Factor
The Secondary Distribution Fuel/Power Cost Recovery Factor will be determined in accordance
with the following formula:
The sum of the total fuel costs (inclusive of all costs incurred by LP&L in
procuring fuel) used for the month in LP&L's power plants.
Plus, the total of all power purchased for the month by LP&L.
Plus/Minus any adjustment for under/over collection of the fuel/power cost
recovery factor from previous months (see below).
The adjustment for under or over collection of the fuel/power cost recovery factor will be
amortized over an eighteen (18) month period from the date in which the under or over collection
occurred. Subject to the limitations set forth in this paragraph, the City Manager or, if
designated by the City Manager, the Director of Electric Utilities, shall determine the adjustment
for each given month. However, in no event shall the adjustment be less than 1/18th of the total
under or over collection.
The sum of all these amounts will be divided by the estimated electric sales for the current month
to determine the Fuel/Power Cost Recovery Factor, or in summary:
Secondary FCA = (Gas Cost + Purchased Power Cost +/- over/under adjustments)/kWh
sales.
The secondary factors shall be billed per kWh and shall apply when service is metered at less
than 12 kV.
M. Transmission Fuel/Power Cost Recovery Factor
The Transmission Fuel/Power Cost Recovery Factor shall be billed at a rate of 0.941347 times
the Secondary FCA, applied per kilowatt-hour and shall apply when service is metered at greater
than or equal to 69 kV.
Addendum "A"
Page 2 of 2