Feb. 19 - Lincoln Electric System
Transcription
Feb. 19 - Lincoln Electric System
MINUTES OF LINCOLN ELECTRIC SYSTEM ADMINISTRATIVE BOARD Minutes of regular meeting held at 9:30 a.m., Friday, February 19, 2016 at the offices of Lincoln Electric System, 1040 O Street, Lincoln, Nebraska. Board Members Present: Jerry Hudgins, Ann Bleed, Dan Harshman, Marilyn McNabb, Vicki Huff, Libby Raetz, W. Don Nelson Board Members Absent: Layne Sup, Sarah Peetz LES Staff Present: Kevin Wailes, Shelley Sahling-Zart, Laura Kapustka, Jason Fortik, Lisa Hale, Dan Pudenz, Trish Owen, Paul Crist, Lacy Stockdale, Melissa Palmer, Jim Rigg, Dan Kucera, Emily Koenig, Shari Tretheway, David Auman, Inna Goldman, Taletha Kryzsko, Marc Shkolnick, Debbie Vandegrift, Ben McGuire, Erin Hergott, Kelley Porter Others Present: John Atkeison News Media Present: None Chair Jerry Hudgins called the meeting to order at approximately Call to Order 9:30 a.m. He noted that LES conducts its meetings in compliance with the Nebraska Open Meetings Act, and noted that copies of the Act are located near the entrance to the Board room. Chair Hudgins asked for approval of the minutes of the meeting of Approval of January 15, 2016. Ann Bleed moved their approval. Vicki Minutes Huff seconded the motion. The vote for approval of the minutes was: Aye: Hudgins, Bleed, Harshman, McNabb, Huff, Raetz, Nelson Nay: None Absent: Sup, Peetz John Atkeison, EnergyLinc, reiterated the urgency to get serious Comments from about climate change and requested the Board continue Customers discussions regarding compliance with the Clean Power Plan regardless of the recently issued Stay. Debbie Vandegrift, Manager, Internal Operations, Power Supply, Introduction and was recognized by the Board for 30 years of service to Recognition of LES. Staff Dan Kucera, Supervisor, Meter Shop, Customer Services, was recognized by the Board for 40 years of service to LES. LES Policy No. 1 provides that the Chair of the Board shall appoint standing Committees at the February Board meeting. The Board Committee assignments for 2016 were given to the Board members. (Exhibit I) Appointment of 2016 LES Administrative Board Committees Dan Harshman, Chair of the Budget & Rates Committee, reported Budget & Rates on Committee discussion which included: 1) a review of Committee rating agency sensitivity cases; 2) 2015 fourth quarter generation revenue and cost report; 3) 2015 budget carryovers; and 4) an update regarding District Energy Corporation (DEC) and Nebraska Utility Corporation (NUCorp). Marilyn McNabb, member of the Communications & Customer Communications Services Committee, reported on Committee discussion & Customer which included updates on the following: 1) LES’ Mobile Services Committee Meter Reading (MMR) project; 2) multiple Customer Services projects, including electronic bill payment and presentment and the lockbox project; 3) community outreach activities, including the Sustainable Living Festival which is scheduled for Aug. 13; and 4) LES’ 50th anniversary. Libby Raetz, Chair of the Finance & Audit Committee, reported on Finance & Audit Committee discussion which included updates on the Committee following: 1) cyber security; 2) accounts payable audit; 3) an RFP which was issued seeking Investment Consulting Services for LES’ retirement plans; 4) an RFP seeking underwriting services in anticipation of issuing refunding bonds in 2016; and 5) District Energy Corporation (DEC) and Nebraska Utility Corporation (NUCorp). Ann Bleed, Chair of the Operations & Power Supply Committee, Operations & reported on Committee discussion which included updates Power Supply on the following: 1) generating unit revenue and cost Committee Report report; 2) LES Operations Center; and 3) District Energy Corporation (DEC) and Nebraska Utility Corporation (NUCorp). ‐ 2 - Vicki Huff, Chair of the Personnel & Organization Committee, Personnel & reported on Committee discussion which included: 1) a Organization 2015 workers’ compensation overview – 21 claims resulted Committee in a cost of $68,000 to LES, which was a decrease from 2014; 2) a 2015 overview of employee participation in LES’ wellness program; and 3) a 2015 year-end review from Human Resources. W. Don Nelson, Chair of the Legislation & Governmental Affairs Legislation & Committee, stated the Committee had met to discuss Governmental legislation that is being monitored by LES. Nelson noted Affairs Committee that Shelley Sahling-Zart will go into more detail during her Legislation and Regulatory update later in the Board meeting. Shelley Sahling-Zart, Vice President & General Counsel, reported Legislation and that the legislative session is at the half-way point, and it Regulatory Update will be difficult for legislative bills to be considered further unless they have a priority designation. Friday marked the deadline for senators and committees to designate priority bills. She noted that all of the bills on LES’ tracking table were reviewed in detail with the board Legislation & Governmental Affairs Committee. (Exhibit II) Sahling-Zart highlighted some of the more significant bills of impact to LES, including: LB 824 - a bill to provide for privately developed renewable generation, particularly wind. The bill is intended to eliminate what the private wind developers have identified as barriers to their ability to develop large wind farms in the state. Sahling-Zart noted that she participated in meetings over the past couple of weeks between the senators, wind developers and public power representatives to try and reach a compromise. The public power industry agreed to be neutral on the bill provided the authorization for private renewable generation is very narrow and mitigates impacts to public power. Sahling-Zart noted that a compromise was recently reached. LES has committed to a neutral position on the bill with the compromise replacing the original language, but will be closely monitoring any amendments to the bill. ‐ 3 - LB 1068, a bill that would require Public Service Commission (PSC) review of certain rate increases. The bill provides that the PSC would review a public electric utility’s rate increase if a) 2% or more of the utility’s customers’ petition for a review, or b) the rate is increasing by 2% or more in a 12-month period, or any component of the rate is increasing by more than 20% over the same period. LES is opposed to this bill as it undermines the most fundamental attribute of public power, which is local control. It erodes the authority of the LES Administrative Board, the Mayor, and the City Council who spend a great deal of time reviewing the LES budget and any requested rate changes. LB 1068 establishes an unnecessary layer of review at added taxpayer cost. LES will be testifying in opposition to LB 1068 at the public hearing on Feb. 23. The American Public Power Association’s (APPA) National Conference is scheduled for June 10-15, 2016, in Phoenix, Arizona. LES policies require a preauthorization for more than three Board Members to attend the conference. W. Don Nelson moved that any Board members wishing to attend the conference be authorized to do so and that any Board member attending be reimbursed for allowable business expenses incurred. Ann Bleed seconded the motion. The vote was: Aye: Hudgins, Bleed, Harshman, McNabb, Huff, Raetz, Nelson Nay: None Absent: Sup, Peetz Authorization of Board Attendance at the 2016 APPA National Conference and Pre-Conference Seminars Inna Goldman, Manager, Financial Accounting, provided the Corporate Key Board an overview of the results from Omaha Public Power Indicators District’s (OPPD) and American Public Power Benchmarking Association’s (APPA) annual benchmarking surveys of public power utilities. Overall, LES ranked favorably compared to the other participating utilities. (Exhibit III) Ben McGuire, Engineer, Protection and Controls in Energy 2015 Delivery, reviewed the 2015 system interruption and outage Interruption/Outage statistics. (Exhibit IV) On a normal day, LES customers Report were without electricity an average of 27.5 minutes. On the three major event days occurring in 2015 (April 19, July 25, September 24), the average total time LES ‐ 4 - customers were without electricity was 57.3 minutes. Trees were the leading cause of outages in 2015, with a total number of 132 interruptions. LES uses the analysis to identify possible problems that can be remediated, such as replacing aging cable. The Monthly Financial and Power Supply Reports were distributed Monthly Financial to the Board and staff was available to answer questions. and Power Supply (Exhibit V) Reports Jason Fortik, Vice President of Power Supply, informed the Board Miscellaneous of the Spring Missouri Basin Power Project Engineering & Operations Committee meeting being held at Laramie River Station on April 28, 2016. It is an all-day event and Board members are welcome to attend. The next regular meeting of the LES Administrative Board is Next Meeting scheduled for Friday, March 18, 2016 at 9:30 a.m. There being no further business before the Board, Jerry Hudgins Adjournment declared the meeting adjourned at approximately 11:23 a.m. Dan Harshman, Secretary BY: S/Lacy Stockdale Lacy Stockdale Assistant Secretary ‐ 5 - Exhibit I 2016 LES ADMINISTRATIVE BOARD COMMITTEES The Board Chair is an Ex Officio Member of Each Committee Personnel & Organization Finance & Audit Vicki Huff, Chair Libby Raetz Marilyn McNabb* Libby Raetz, Chair Vicki Huff Layne Sup Operations & Power Supply Budget & Rates Ann Bleed, Chair Sarah Peetz Vicki Huff Dan Harshman, Chair Layne Sup W. Don Nelson Legislation & Governmental Affairs Communications & Customer Service W. Don Nelson, Chair Sarah Peetz Ann Bleed Sarah Peetz, Chair Dan Harshman Marilyn McNabb* Labor Negotiations Executive W. Don Nelson Vicki Huff Jerry Hudgins Ann Bleed Dan Harshman *Marilyn McNabb or New Member Exhibit II 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION SUMMARY OF LEGISLATION LES POSITION CARRYOVER LEGISLATION FROM 2015 LB 60 LB 84 LB 104 LB 115 LB 117 LB 141 (Kintner, et al.) Prohibits employers from establishing policies that prohibit a person’s transportation or storage of a firearm as long as certain conditions are met, such as Judiciary Committee the firearm is in a privately‐owned vehicle, it is not in open view, and the firearm is in a locked trunk or glove box, among others. This bill conflicts with the no‐weapons provisions in the LES Code of Conduct. (Davis) Permits certain public bodies to use telephone conferencing or Government, Military & Veterans videoconferencing for public meetings. Applies to small counties of 3,000 residents or Affairs Committee less. The bill does not apply to LES, but all bills relating to public meetings are monitored for amendments. (Krist) Changes provisions relating to notice to customers of discontinuance of utility service. The statute currently requires notice to be given by first class mail or in person. LB 104 provides that notice may also be provided by electronic mail if the Approved by Governor on 5/26/15 customer has elected to receive billings or notifications by electronic delivery. LES does not currently provide for electronic billing, but LES would support this legislation for future use. Update: The committee amendment provides that customers who sign up for electronic billing must separately sign up to receive notifications electronically. (Scheer) Prohibits entities from requiring an individual to provide a social security Banking, Commerce & Insurance number unless required by federal, state, or local law or when the SSN is used for a Committee criminal history background check by an employer or volunteer service organization. SSN’s are a valuable tool for LES in managing debt collections. LES opposes this bill as introduced. (K. Haar) Current law provides for energy financing contracts between an energy Natural Resources Committee service company and a governmental unit for the implementation of energy conservation measures in existing facilities. LB 117 would expand this authority to also apply to construction of new facilities. (Schilz) LB 141 amends the Public Entities Mandated Project Charges Act to authorize a public entity to create a special‐purpose entity to act as a mandated project bond Approved by Governor on 5/13/15 issuer and sets forth the authority and obligations of such special‐purpose entity. The special purpose entity would be governed by a three‐person board of directors from among the public entity’s governing board. The bill was introduced on behalf of OPPD. Oppose Monitor Support Oppose Monitor Monitor 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL LB 177 LB 181 LB 205 LB 209 LB 282 LB 288 LB 295 STATUS OF LEGISLATION SUMMARY OF LEGISLATION (K. Haar) LB 177 prohibits an employee of any public power district from serving on the Approved by Governor on 3/12/15 board of directors of any public power district. This bill does not directly apply to LES, but will be monitored as it relates to the public power industry. (Smith) LB 181 was introduced on behalf of the Nebraska Rural Electric Association. The bill permits flashing or rotating blue and amber lights to be displayed on vehicles Approved by Governor on 3/12/15 operated by a public utility for construction, maintenance and repair of infrastructure on or near any highway. This authority would extend to LES. (Schilz) Provides that towers over 50 ft. in height and less than 6 ft. in diameter be marked and painted in bands of aviation orange and white. The bill explicitly exempts Indefinitely Postponed wind turbines and towers or poles that support electric utility transmission or distribution lines, but we will closely monitor any amendments to this bill. (Hilkemann) Creates the Political Subdivisions Mandatory Mediation Act requiring all political subdivisions of the state to submit to mandatory mediation before engaging Indefinitely Postponed in litigation. This bill raises numerous questions and concerns and would significantly alter LES’ legal remedies. LES conferred with the City lobbyist, but neither the City nor LES testified on the bill. (Baker) Amends the Open Meetings Act to explicitly provide that a public body may go into closed session for the discussion of applicants, other than finalists, who have applied for employment by the public body. Discussion of finalists would still be Indefinitely Postponed required to be held in open session. It also allows for closed session discussion of the performance of non‐elected officials. (Ebke) Prohibits any collective bargaining agreement involving a public employer from Business & Labor Committee requiring the deduction of union dues, assessments or other amounts from a public employee’s wages. LES does not engage in such practice, but the bill will be monitored as LES has two collective bargaining agreements. (Scheer) Requires a city to receive approval of the county board before regulating Final Reading within its extraterritorial zoning jurisdiction, including the erection of new structures. The bill was amended to only apply to first and second class cities. ‐2‐ February 22, 2016 LES POSITION Monitor Support Monitor Oppose Monitor Monitor Neutral with Amendment 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 337 Natural Resources Committee LB 340 Judiciary Committee LB 407 Natural Resources Committee SUMMARY OF LEGISLATION (B. Harr) This bill renames the Low‐Income Home Energy Conservation Act to the Energy Conservation and Demand Reduction Act. The bill was introduced on behalf of OPPD. The Act applies to a customer receiving energy service at a building that receives no greater than a one thousand kilowatt demand. Such customer can apply for funds to implement energy conservation and demand reduction measures. A utility can set up a subaccount and designate that up to $300,000 of its remitted sales tax be transferred to its subaccount. The state will match these transferred amounts up to a total of $500,000 per year on a first‐come, first‐served basis. The Act sunsets on July 1, 2019. (Brasch) Amends the Concealed Handgun Permit Act to require the Nebraska State Patrol to design a standardized sign for use in the premises of those entities and employers who are permitted to prohibit concealed handguns in and on their premises. LES currently has signage, but we would be required to switch to the standardized signage if passed. (K. Haar, et al.) Amends provisions of the Certified Renewable Export Facility (CREF) Act with the intent of minimizing barriers for wind developers. The bill eliminates the requirement that at least 10% of a project be offered to public power entities as well as the requirement for a power purchase agreement (PPA) with a minimum 10‐year term. It also eliminates language that included substantial risk of stranded assets as a consideration for approval of a facility. The bill also outright repeals the “right of first refusal” provisions passed in 2013 to clarify that Nebraska public power entities have a first right to construct new transmission facilities constructed in the state. LES is opposed to repealing the right of first refusal provisions that were just passed by the Legislature in 2013 and opposed to removing the language regarding stranded assets. LES is neutral on the remaining provisions. Update: The public power industry and the wind developers reached a conceptual agreement in February, but have been unable to agree on amendment language that effectuates the compromise. Sen. Haar and the wind developers have moved forward with an amendment, AM1183, in an effort to advance LB 407 from committee. LES has taken a neutral position on AM1183. ‐3‐ February 22, 2016 LES POSITION Support Support Neutral based on AM1183 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL LB 412 LB 423 LB 424 STATUS OF LEGISLATION SUMMARY OF LEGISLATION LES POSITION (Mello, et al.) Amends provisions of the Community‐Based Energy Development (C‐ BED) Act to clarify that a county that adopts a resolution of support for a C‐BED project must also have adopted zoning regulations that require planning commission, county Approved by Governor on 5/26/15 board, or county commission approval for the C‐BED project. Notice of incentives for Monitor participation in a C‐BED project must also be provided to each property owner on whose property a turbine will be located and to each governing body of a municipality or political subdivision where a turbine will be located. (Nordquist, et al.) Provides a tax credit for a renewable electric generation facility that qualifies as a C‐BED project. The producer may select a credit of either a) 1.5 cents per kilowatt‐hour for electricity generated during the first 20 years of commercial operation; or b) a one‐time credit equal to 30% of the total cost of construction of the C‐BED facility not to exceed $2 million. The credit may be used to reduce the producer’s income tax liability, franchise tax liability, or premium or related retaliatory Support state tax liability. The credit may be transferred or sold. We are seeking clarification incentives to Select File regarding a provision that a renewable electric generation facility may use fuels other promote greater than those enumerated. LES is generally supportive of a production tax credit or renewable energy investment tax credit to incent greater development of renewable energy in Nebraska. development LES is neutral as to the level at which such credit should be set. Update: LB 423 was advanced from committee with an amendment that reduces the credit to a credit of 1.0 cent per kilowatt hour for the first 2 years and scaling down to 0.6 cents for the last two years. The amendment also limits the transferability of the credits to those earned by facilities of 20 MW or less. (Davis, et al.) LB 424 extends the personal property tax exemption for property used in the generation of electricity using wind to other renewable energy generation using solar, biomass, or landfill gas as the fuel source. It also extends the nameplate Approved by Governor on 5/26/15 capacity tax on owners of wind generation facilities, to all renewable energy Support generation facilities. The tax is in the amount of the total nameplate capacity multiplied by a tax rate of $3,518 per megawatt. Facilities owned by a public power entity are exempt from the nameplate capacity tax. ‐4‐ February 22, 2016 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL LB 462 LB 469 LB 473 LB 475 STATUS OF LEGISLATION SUMMARY OF LEGISLATION (Seiler) Changes restrictions on campaigning by public officials and public employees. The bill was prompted by a case involving candidates for the Northeast Public Power Government, Military & Veterans District Board. The legislation clarifies the definition of ‘campaigning’ to include a Affairs Committee broadcast, printed or disseminated communication that references a ballot question or a candidate by name, nickname, photograph, or drawing, or in any way makes the identity of the candidate apparent through an unambiguous reference. LES will monitor the bill as it relates to public entities. (Smith) LB 469 requires certain actions before the Nebraska Department of Environmental Quality (NDEQ) may submit to EPA a State Implementation Plan (SIP) pursuant to the EPA 111(d) rules regulating carbon emissions from power plants. LB 469 requires NDEQ to prepare an impact assessment evaluating a number of factors and submit such assessment to the Legislature prior to submitting its SIP. NDEQ must Approved by Governor on 5/27/15 also provide an opportunity for public review and comment on the assessment report. Update: The committee amendment merges the provisions of LB 583 into the bill as well. The amendment also assigns the responsibility for the LB 469 assessment report to the Nebraska Energy Office rather than NDEQ. It also streamlines the scope for the state energy plan and eliminates the December 2015 deadline. (Chambers) LB 473 eliminates the power of eminent domain for certain pipelines. The Judiciary Committee bill as introduced does not impact LES, but it will be monitored for any amendments that may impact LES’ power of eminent domain. (Davis) This bill appears to provide additional approval authority for the Nebraska Power Review Board (NPRB) over any construction activity or improvement of a generating facility that either increases generating capacity or has a total cost of $150 Natural Resources Committee million or more. This may apply, for example, to environmental retrofits. This seems to put the NPRB in a different role of making an operating decision. In addition, the NPRB approval criteria would be difficult to apply to retrofit projects. We will work with Sen. Davis to better understand the bill’s intent, but LES is opposed to the bill as introduced. ‐5‐ February 22, 2016 LES POSITION Monitor Monitor Monitor Oppose 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL LB 517 LB 536 LB 583 LB 627 STATUS OF LEGISLATION SUMMARY OF LEGISLATION LES POSITION (Riepe) Prohibits the use of an interactive wireless communication device while operating a motor vehicle unless used to communicate in an emergency situation with an emergency response operator, physician, emergency medical service personnel, a Transportation & fire department, or law enforcement agency. Such emergency responders are also Telecommunications Committee Monitor exempt from the prohibition. There are already statutory provisions governing the use of handheld wireless communication devices so the need for this legislation is unclear. If the bill advances, LES will seek an exemption for utility radios used for communication while performing utility work. (K. Haar) LB 536 provides that every public power supplier must file an annual report with the NPRB including a number of specific criteria such as average electric rates, number of customers, other charges, sources of generation, fuel costs, employee salaries, emission of specified pollutants, board information and benefits, net metering Oppose as data, financial statements, amount spent on advertising, among other things. Some Natural Resources Committee introduced/Work to of the identified information may be subject to contractual confidentiality provisions. Amend and tie to Considering the differences between public power entities and how they are State Energy Plan structured, much of this data would be difficult to utilize as it would not be comparative across all entities. LES and other public power entities will try to work with Sen. Haar to identify the purpose and use for such a report and database, and work to develop a report that would provide useful and comparative data. (Schilz, et al.) Legislation to require the Nebraska Energy Office to develop a state energy plan by Dec. 31, 2015. The scope of the study is quite broad with a significant focus on developing wind energy for export. The scope of the plan seems primarily Support Concept of Provisions/portions amended into directed at the electric utility sector rather than at all energy sectors including natural Energy Plan/Seek LB 469 by AM 833 gas and transportation fuels. LES is not opposed to developing a state energy plan, but clarification of LES and the other public power utilities will work with Sen. Schilz to try and amend the provisions plan scope to include all energy sectors and to clarify some of the provisions in the scope. (Mello, et al.) Amends the Nebraska Fair Employment Practice Act to prohibit Approved by Governor on 4/13/15 employment discrimination against an individual who is pregnant. It also specifies Monitor reasonable accommodation provisions with respect to pregnancy. ‐6‐ February 22, 2016 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 649 Bracket until June 5, 2015 LB 653 Revenue Committee SUMMARY OF LEGISLATION (Kintner, et al.) Amends public records statutes to specify that all votes taken by public officials in the course of their public duties shall be considered a public record. All votes of the LES Administrative Board are recorded in the meeting minutes which are a public record. (Johnson, et al.) LB 653 would provide a one weekend sales tax holiday for the purchase of Energy Star qualified products for noncommercial home or personal use. The exemption would apply to sales over the first weekend in October of each year. LES POSITION Monitor Support LEGISLATION INTRODUCED IN 2016 LB 669 Transportation & Telecommunications Committee Hearing February 9, 2016 LB 681 Judiciary Committee Hearing March 3, 2016 LB 693 Judiciary Committee Hearing January 28, 2016 LB 720 Judiciary Committee Hearing February 25, 2016 LB 725 General File (Krist) Amends statutory provisions regarding vehicle occupant protection systems to provide that violations of the protection systems could be charged as a primary Monitor offense. State law currently only allows a citation as an offense secondary to a primary offense, such as speeding. (Schnoor) Amends the Concealed Handgun Permit Act related to entities under the act that may prohibit concealed handguns on the entity’s premises. It clarifies that an individual does not violate the provisions unless the entity establishes that it Monitor/Confer requested the permit holder to remove the concealed handgun from the premises and with City the permit holder defied the request. Since LES prohibits weapons on its property, we will monitor this legislation and confer with the City. (Morfeld) Changes the statute of limitations for actions filed pursuant to the Political Oppose/Confer with Subdivisions Tort Claims Act from one year to two years. LES will confer with the City. City (Kuehn) Creates a presumption of liability for invasion of privacy for operating an unmanned aircraft (e.g., drone) within 200 ft. or less of the airspace over private property without the express permission of the property owner. It provides an exemption for lawful activities of law enforcement or government agencies. LES will monitor the bill to see how it may impact LES’ use of drones to inspect its infrastructure, such as overhead distribution and transmission lines. (Schumacher) Amends provisions related to statements regarding conveyances of real estate to provide that such statements are not required to include utility easements. The bill was introduced on behalf of NPPD. The bill is unlikely to alter LES practices in this regard, but we will monitor the bill. ‐7‐ February 22, 2016 Monitor/Confer with City Monitor 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 736 General File LB 783 Transportation & Telecommunications Committee Hearing February 22, 2016 LB 802 Health & Human Services Committee Hearing February 3, 2016 LB 821 Business & Labor Committee Hearing February 8, 2016 SUMMARY OF LEGISLATION (Friesen) The bill expands provisions of the Community‐Based Energy Development (C‐ BED) Act to provide that such C‐BED projects could enter into power purchase agreements with any electric supplier in the state. The Act was previously restricted to the four largest utilities in the State. LES has no objection to LB 736. (Lindstrom) LB 783 was introduced on behalf of OPPD to reduce costs and provide greater efficiency in the licensing of its fleet vehicles. The provisions of the bill only extend to public power districts with annual gross revenues of at least $250 million, so essentially OPPD and NPPD. LES is not eligible as it is not a public power district. The bill provides that each district vehicle be issued a permanent, distinctive public power district license plate with a fee of $3 per plate and an annual renewal fee of $2 for any plate listed in the district’s registration. (Haar, Mello) LB 802 creates the Health and Climate Resiliency Task Force to develop a strategic plan to enable the state to meet the challenges of climate change and take advantage of adaptation and mitigation strategies, including opportunities for attracting new business to the state. The task force would consist of 10 voting members comprised of legislators and 14 non‐voting members representing various departments of state government and the University of Nebraska. The voting members may appoint an advisory committee representing various stakeholder groups, including public power. (Larson) Adopts the Workplace Privacy Act to prohibit employers from requiring that employees or applicants provide account information that would allow the employer to access the employee’s social networking profiles or information. ‐8‐ February 22, 2016 LES POSITION Monitor Monitor Monitor Monitor 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 824 Natural Resources Committee Hearing January 27, 2016 LB 825 Revenue Committee Hearing February 18, 2016 LB 850 Business & Labor Committee Hearing February 1, 2016 LB 863 Natural Resources Committee Hearing February 4, 2016 LB 881 Natural Resources Committee Hearing January 28, 2016 SUMMARY OF LEGISLATION (McCollister, et al.) LB 824 essentially provides for privately developed renewable energy generation with nominal state oversight. The legislation repeals the Certified Wind for Export Facilities Act that was passed a few years ago to provide a framework for constructing and exporting renewable energy facilities. By eliminating the act, private entities would be able to operate “merchant” renewable generation, meaning they could inject the energy into the market without having a power purchase agreement with a designated customer. The Power Review Board would have Monitor essentially not authority over such projects. In addition, the bill outright repeals the “right of first refusal” provisions that give public power entities in the state the first right to construct new transmission facilities directed to be built by the Southwest Power Pool. LES continues to evaluate this bill. While the impacts to LES are less than those to NPPD and OPPD, LES is concerned that there be an adequate framework to address customer concerns for such development projects. LES testified at the hearing in a neutral position. (Davis) LB 825 requires that owners of tax‐exempt property file a statement with the county assessor every 2 years indicating whether any of the property was leased to Monitor/Confer another party during the preceding 2 years. The bill exempts property owned by the with City state or a governmental subdivision, but LES will closely monitor the bill. (Crawford, et al.) Adopts the Paid Family Medical Leave Insurance Act to be effective April 1, 2019. Employers would be required to pay qualifying employees on an income‐based sliding scale for up to 12 weeks of family medical leave. Paid leave Oppose/Confer with would be taken concurrently with unpaid family medical leave allowed by the federal City FMLA. LB 850 would be a significant cost to LES as we would be paying the paid leave, but also in some cases hiring temporary staff to cover the employee’s absence. (Schilz) Adopts the Wind Energy Expansion Act which provides a process for counties to be designated as a “wind friendly county” for purposes of promoting wind energy Monitor development. The bill will be monitored, but has no impact on LES operations. (Schilz) Amends provisions for energy financing contracts entered into by government entities to include capital and other equipment that reduces water or energy Monitor consumption or reduces operating costs. ‐9‐ February 22, 2016 LES POSITION 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 897 General File LB 913 Revenue Committee Hearing February 24, 2016 LB 914 Natural Resources Committee Hearing January 28, 2016 LB 928 Business & Labor Committee Hearing February 1, 2016 LB 973 Transportation & Telecommunications Committee Hearing February 8, 2016 SUMMARY OF LEGISLATION (Lindstrom) LB 897 allows public power entities operating in a regional transmission organization to engage in a limited amount of financial hedging transactions in order to mitigate risk from market fluctuations. The bill was introduced on behalf of NPPD. The authority under the bill would extend to LES, but at the present time LES has no need for such transactions. (Smith) Adopts the Facilitating Business Rapid Response to Declared Disasters Act to exempt from state income taxes any out‐of‐state employees who come into Nebraska to aid in emergency response to a disaster. LES has received storm assistance from out‐of‐state utilities in the past. We are not aware that there has ever been an issue with being subject to state income taxes, but we are supportive of LB 913 and any efforts that help facilitate bringing in needed assistance. (Schilz) LB 914 provides compensation for the member of the Nebraska Power Review Board (PRB), or proxy, designated to represent Nebraska on the Southwest Power Pool’s Regional States Committee (RSC). Such member would be compensated $250 for each day engaged in RSC duties, not to exceed $20,000 in any one year. The PRB is a cash‐funded agency of the State and it does not receive general fund appropriations. Rather the agency is funded by assessments that are levied on all of the State’s public power entities, including LES. While LB 914 would slightly increase LES’ assessment, LES believes that it is imperative that Nebraska is represented on the RSC and LES is supportive of this compensation proposal. (Mello, et al.) Clarifies statutory provisions prohibiting employers from discriminatory wage practices based on sex to provide that an unlawful employment practice occurs when a discriminatory compensation decision or practice is adopted or an employee becomes subject to such, including each time that wages, benefits, or other compensation is paid resulting from such decision. (Smith) Current state law prohibits companies engaged in activities that require the temporary moving of overhead high voltage conductors, such as house movers, from moving such conductors and requires them to notify the appropriate electric utility. There have been a number of instances of entities not complying with these provisions. LB 973 was introduced on behalf of the Nebraska Rural Electric Association to make violations of these provisions a Class II misdemeanor. ‐10‐ February 22, 2016 LES POSITION Monitor Support/Confer with City Support Monitor/Confer with City Monitor 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 992 Government, Military & Veterans Affairs Committee Hearing February 17, 2016 LB 1012 Urban Affairs Committee Hearing February 9, 2016 LB 1044 Business & Labor Committee Hearing February 22, 2016 SUMMARY OF LEGISLATION (Ebke) Prohibits political subdivisions from entering into certificates of participation or installment contracts exceeding $25 million. LES does not have any installment contracts, but the bill would threaten the City’s use of certificates of participation for funding projects. (Mello, et al.) Adopts the Property Assessed Clean Energy Act to promote greater homeowner engagement in energy efficiency by provided a mechanism to help amortize the up‐front investment required. A municipality is authorized to establish clean energy assessment districts. The municipality would arrange financing for the energy projects in such a district and property owners in such districts would enter into contracts for energy efficiency improvements to their property. The costs of these projects would be repaid through assessments on the qualifying properties benefiting from the energy projects. There is no direct impact on LES. (Ebke) LB 1044 would terminate the Commission of Industrial Relations, the state commission that was created to resolve labor disputes involving public employees. The bill provides that termination of the CIR would not eliminate or restrict the right of employees to strike. ‐11‐ February 22, 2016 LES POSITION Monitor/Confer with City Monitor Monitor/Confer with City 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 1068 Transportation & Telecommunications Committee Hearing February 23, 2016 LB 1069 Indefinitely Postponed SUMMARY OF LEGISLATION (Haar) Adopts the Electric Customer Protection Act requiring that certain proposed electric rate increases be reviewed by the Public Service Commission (PSC) and creating the office of customer advocate within the PSC. The PSC would review a proposed electric rate increase: 1) upon receipt of a petition filed by 2% or more of the affected customers; or 2) when an electric utility proposed to increase its rates by more than 2% in any consecutive 12‐month period, or any component of its rates by more than 20% in any consecutive 12‐month period. Much of the language seems to be borrowed from states that have PSC’s that regulate the rates of investor‐owned Oppose/Confer with utilities because it includes language that allows for a fair and reasonable rate of City return. Public power utilities do not earn a rate of return. LES has numerous concerns with the bill, primarily the fact that it erodes one of the hallmarks of public power which is local control. This bill would erode the jurisdiction of both the LES Administrative Board and the Lincoln City Council with regarding to setting retail electric rates for LES. It would add another layer of review with an added cost to taxpayers to fund the additional PSC staff that would be required to implement the bill. (Haar) LB 1069 requires the state investment officer to review all major investments of the State of Nebraska to determine the extent to which state funds are invested in companies that derive a substantial portion of their revenues from the extraction or Monitor combustion of fossil fuels. It also directs that a plan be developed to divest the state of such investments. The bill as written does not impact LES, but it will be monitored due to its energy focus. ‐12‐ February 22, 2016 LES POSITION 2015‐2016 LEGISLATION IMPACTING LES LEGISLATIVE BILL STATUS OF LEGISLATION LB 1071 Natural Resources Committee Hearing February 11, 2016 LB 1085 Revenue Committee Hearing February 25, 2016 LR 422 Adopted February 1, 2016 SUMMARY OF LEGISLATION (Haar) Adopts the Solar Energy Economic Development Act, calling for the appropriation of $4 million in FY 2016‐17 for the purpose of providing grants for solar energy development. The Nebraska Energy Office would be charged with establishing rules and regulations to administer such grants. The grants would be available to utilities that provide solar energy incentive programs for their customers, such as net metering and certain community solar programs. Grants are also available to local Monitor governments, individuals, and businesses. For individual grants, preference is given to applicants whose electric utility does not offer a solar energy incentive program. This is somewhat confusing as utilities are required by law to provide net metering to customer‐generators who request it. Grants may not exceed 15% of the total project cost or $150,000. LES already provides incentives to customers who install solar generation. (Davis) Provides for a production tax credit for renewable electric generation facilities. However, the definition of renewable electric generation facility is very narrow and Support tax includes only facilities that are located in a county with a population of less than 7,000 incentives for inhabitants and has been approved as a community‐based energy development (C‐ renewable energy BED) project. LES has been generally supportive of incentives to promote greater development of renewable energy resources in Nebraska. (Campbell) Legislative Resolution recognizing LES’ 50th anniversary and congratulating the LES staff and Board on 50 years of providing the Lincoln area with reliable, safe and Support efficient electric service at retail rates that have consistently ranked among the lowest in the country. ‐13‐ February 22, 2016 LES POSITION Exhibit III Corporate Key Indicators – Public Power Utilities Ratios Benchmarking Provided By: Omaha Public Power District (OPPD) & American Public Power Association (APPA) Inna Goldman, Manager Financial Accounting February 19, 2016 1 OPPD Benchmarking Participants Responses by 2014 Electric Energy Sales (MWh) < 3,000,000 3,000,000 - 8,000,000 2 > 8,000,000 4 City Utilities of Springfield * Colorado Springs Utilities * Gainesville Regional Utilities * KC Board of Public Utilities Lincoln Electric System * Muscatine Power & Water Nebraska Public Power District * Omaha Public Power District * Orlando Utilities Commission * Santee Cooper * Seattle City Light Tacoma Public Utilities Total Participants 12 * Also included in LES’ Peer Group 6 LES Source: OPPD Corporate Key Indicators Report, June 2015 2 APPA Benchmarking Participants Public Power Utilities whose… • Retail Sales are 50% or more of Total Sales • Retail Sales or Sales for Resale of 100,000 MWh or more Responses by Customer Size Class 2,000 – 5,000 > 100,000 11 5,000 10,000 17 50,000 100,000 18 Total Participants 168 37 10,000 20,000 Please refer to slides 18 – 20 for a complete list of participants 20,000 50,000 51 34 Source: APPA Selected Financial and Operating Ratios of Public Power Systems, Nov 2015 3 Summary of LES Rankings Percentages based on results for 71 Ratios for approximately 29 utilities (APPA & OPPD) 4th Quartile 18% 1st Quartile 28% - - Debt to Total Assets Energy Loss % - 3rd Quartile 21% - A&G per Retail Customer Total Power Supply Exp. per kWh Sold System Average Interruption Duration Index (SAIDI) Debt Service Coverage 2nd Quartile 33% - Customer Average Interruption Duration Index (CAIDI) OSHA Incident Rate Total O&M per Retail Customer Days Cash on Hand Residential Revenues per kWh Sold 4 LES 2015 Year-End Performance Indicators LES 2015 year-end performance indicators based on preliminary results 5 Energy Loss Percentage (APPA Selected Financial & Operating Ratios of Public Power Systems, Nov 2015) Ideally - BELOW the median! 7% 6% 5% 4% 3.81% 3% LES 2015 Year End Performance Indicator Target = 3.85% Actual = 3.81% 2% 1% 0% LES Overall Average Cust. Size Class Avg. 2006 6.00% 4.19% 4.45% 2007 5.36% 4.01% 4.18% 2008 3.03% 3.86% 3.91% 2009 3.75% 3.96% 4.06% 2010 4.02% 3.97% 4.07% 2011 3.74% 3.11% 3.02% 2012 3.69% 3.53% 3.51% 2013 3.66% 4.71% 5.22% 2014 4.03% 3.47% 3.98% 2015 3.81% Comments: LES ranked in the 2nd Quartile of utilities with a customer size class > 100,000 (total of 16 utilities). The ratio of total energy losses to total sources of energy. 6 Customer Average Interruption Duration Index (CAIDI) (OPPD Corporate Key Indicators Report, June 2015) Ideally - BELOW the median! 100 LES 2015 Year End Performance Indicator Target = 80 Actual = 69 90 80 Minutes 70 69 60 50 40 30 20 LES Average Median 2006 58 2007 41 58 62 2008 53 70 68 2009 64 72 58 2010 51 81 71 2011 66 73 66 2012 72 77 72 2013 61 75 61 2014 66 80 68 2015 69 Comments: LES ranked 5th out of the 11 participants that submitted data. CAIDI = Total Duration of Sustained Interruptions in a Year / Total Number of Customers Interrupted 7 System Average Interruption Duration Index (SAIDI) (OPPD Corporate Key Indicators Report, June 2015) Ideally - BELOW the median! 60 Minutes 40 LES 2015 Year End Performance Indicator Target = 60 Actual = 28 28 20 0 LES Average Median 2006 18 2007 19 54 57 2008 16 47 44 2009 16 41 44 2010 14 48 42 2011 24 41 41 2012 22 42 45 2013 20 41 34 2014 22 48 50 2015 28 Comments: LES ranked 3nd out of the 11 participants that submitted data. SAIDI = Total Duration of Customer Sustained Interruptions in a Year / Total Number of Customers Served. 8 Ideally - BELOW the median! OSHA Incidence Rate (per 100 Employees) (OPPD Corporate Key Indicators Report, June 2015) 14 12 Total Injury Cases LES 2015 Year End Performance Indicator Target = 0 Actual = 11 Incidences 10 8 6 4 2.40 2 0 LES Average Median 2006 6.85 2007 3.80 4.85 3.78 2008 3.81 4.54 3.81 2009 6.03 4.35 4.61 2010 3.55 4.63 3.55 2011 4.73 4.41 4.70 2012 3.63 4.40 3.63 2013 4.06 3.96 1.90 2014 3.32 3.79 3.32 2015 2.40 Comments: LES ranked 5th out of the 9 participants that submitted data. LES is not subject to OSHA as a governmental entity but uses OSHA as a standard for comparison purposes with other utilities. OSHA Incidence Rate (per 100 Employees) = Total Number of Reportable Injuries and Illness Cases * 200,000 / Number of Hours Worked. 9 Total O&M Expense per Retail Customer (APPA Selected Financial & Operating Ratios of Public Power Systems, Nov 2015) Ideally - BELOW the median! 600 500 472 Dollars per Customer 400 300 LES 2015 Year End Performance Indicator Target = $538 Actual = $504 200 *LES calculation differs from APPA calculation* 100 0 LES Overall Average Cust. Size Class Avg. 2006 245 366 378 2007 276 383 391 2008 293 425 429 2009 325 442 455 2010 369 462 474 2011 402 482 511 2012 434 497 509 2013 464 518 535 2014 468 527 501 2015 472 Comments: LES ranked in the 2nd Quartile of utilities with a customer size class > 100,000 (total of 17 utilities). APPA calculation: O&M expense (excluding all costs of power supply) / average number of retail customers; based on FERC accounts LES PI calculation: O&M expense (excluding all costs of power supply) / average number of retail customers; based on LES natural accounts 10 Ideally - BELOW the median! A&G per Retail Customer (OPPD Corporate Key Indicators Report, June 2015) $400 $350 $300 LES 2015 Year End Performance Indicator Target = $328 Actual = $308 *LES calculation differs from OPPD calculation* $250 $200 $150 123 $100 $50 $0 LES Average Median 2006 105 2007 115 180 179 2008 127 292 181 2009 134 310 198 2010 145 325 238 2011 149 321 197 2012 126 336 222 2013 133 351 242 2014 125 349 236 2015 123 Comments: LES ranked 1st out of the 12 participants that submitted data. OPPD calculation: A&G expense / average number of retail customers; A&G expense based on FERC accounts LES PI calculation: A&G expense / average number of retail customers; A&G expense based on LES natural accounts 11 Ideally - BELOW the median! Total Power Supply Expense per kWh Sold (APPA Selected Financial & Operating Ratios of Public Power Systems, Nov 2015) 0.06 0.05 Dollars per kWh 0.04 0.033 0.03 0.02 LES 2015 Year End Performance Indicator (kWh) Target = $.031 Actual = $.031 *LES calculation differs from 0.01 APPA calculation* 0.00 LES Overall Average Cust. Size Class Avg. 2006 0.033 0.050 0.049 2007 0.032 0.050 0.049 2008 0.028 0.050 0.048 2009 0.027 0.054 0.052 2010 0.029 0.054 0.054 2011 0.028 0.047 0.044 2012 0.031 0.049 0.046 2013 0.032 0.050 0.046 2014 0.037 0.048 0.053 2015 0.033 Comments: LES ranked in the 1st Quartile of utilities with a customer size class > 100,000 (total of 17 utilities). APPA calculation: Total cost of power supply (generation and purchased power) / sales to all customers; based on FERC accounts LES PI calculation: Total cost of power supply (generation and purchased power) / sales to all customers; includes depreciation and interest exp 12 Ideally - BELOW the median! Debt to Total Assets (APPA Selected Financial & Operating Ratios of Public Power Systems, Nov 2015) 0.90 0.80 0.72 Debt ($) / Total Assets ($) 0.70 0.60 0.50 0.40 LES 2015 Year End Performance Indicator Target < .69 Actual = .69 0.30 0.20 *LES calculation differs from APPA calculation* 0.10 0.00 LES Overall Average Cust. Size Class Avg. 2006 0.77 0.55 0.61 2007 0.78 0.54 0.59 2008 0.76 0.56 0.61 2009 0.75 0.58 0.61 2010 0.73 0.61 0.66 2011 0.73 0.54 0.58 2012 0.73 0.58 0.59 2013 0.72 0.58 0.62 2014 0.72 0.58 0.61 2015 0.72 Comments: LES ranked in the 4th Quartile of utilities with a customer size class > 100,000 (total of 17 utilities) APPA calculation: (long-term debt + current and accrued liabilities) / (total assets +other debits); long term debt includes unamortized premium LES calculation: (long-term debt + commercial paper) / (equity + long-term debt + commercial paper); long term debt excludes unamortized premium 13 Ideally - ABOVE the median! Days Cash on Hand (OPPD Corporate Key Indicators Report, June 2015) 300 250 Days 200 LES 2015 Year End Performance Indicator Target = 74 (minimum) Actual = 193 241 *LES calculation differs from OPPD calculation* 150 100 50 0 LES Average Median 2006 34 2007 81 97 110 2008 88 136 106 2009 107 131 107 2010 83 131 111 2011 158 117 105 2012 181 136 108 2013 120 143 133 2014 134 143 130 2015 241 Comments: LES ranked 6th out of the 12 participants that submitted data. APPA calculation: (Unrestricted and Available Cash and Investments) * 365 / (Total Operating Expenses – Depreciation and Amortization + PILOT + CDFUO) Available cash consists of Revenue Fund (including CDFUO) and Rate Stabilization Fund LES PI calculation: (Unrestricted and Available Cash and Investments) / Value of One Day of Cash 14 Ideally - ABOVE the median! Debt Service Coverage (OPPD Corporate Key Indicators Report, June 2015) 2.20 Debt Service Coverage 2.01 2.00 1.80 1.60 1.40 LES 2015 Year End Performance Indicator Target = 2.00 Actual = 1.98 1.20 1.00 LES Average Median 2006 1.80 2007 1.81 2.08 2.00 2008 1.93 2.05 2.05 2009 1.90 1.81 1.69 2010 2.01 1.98 1.89 2011 2.00 1.89 2.00 2012 1.95 1.86 2.04 2013 2.00 2.03 2.00 2014 2.00 2.04 2.00 2015 2.01 Comments: LES ranked 6th out of the 11 participants that submitted data. For some companies the results of this ratio are for the combined operations as opposed to the electric operations only due to the unavailability of the breakdown for the electric operations. Debt Service Coverage = Net Receipts / Debt Service Payments 15 Residential Revenues per kWh Sold (OPPD Corporate Key Indicators Report, June 2015) Ideally - BELOW the median! Residential Revenues / kWh Sold 110.00 100.00 94 90.00 80.00 70.00 60.00 50.00 40.00 LES Average Median 2008 76 80 77 2009 81 84 84 2010 83 88 88 2011 85 92 89 2012 89 98 95 2013 90 100 100 2014 93 103 103 2015 94 Comments: LES ranked 5th out of the 12 participants that submitted data. Tis ratio is calculated as residential revenues divided by kWh sales to residential customers. 16 Staffing Strike Zone APPA Public Power Blog, February 10, 2016 LES within Strike Zone Comments: APPA’s analysis suggests that, as cost-of service providers, most public power utilities arrive at similar staffing levels so they can provide excellent customer service at the lower possible cost to consumers. 17 APPA Benchmarking Participants Sioux Center Municipal Utilities Waverly Municipal Electric Utility ALABAMA Lodi Electric Utility JEA Decatur Utilities LA Department of Water & Power Keys Energy Services Huntsville Utilities City of Palo Alto Kissimmee Utility Authority KANSAS Riviera Utilities Pasadena Water and Power Department OUC McPherson Board of Public Utilities Scottsboro Electric Power Board City of Redding City of Tallahassee KENTUCKY ALASKA Riverside Public Utilities GEORGIA Owensboro Municipal Utilities Anchorage Municipal Light & Power Roseville Electric City of Calhoun Electric Department LOUISIANA ARIZONA Sacramento Municipal Utility District Crisp County Power Commission Lafayette Utilities System Electrical District No. 2 Pinal County Turlock Irrigation District Marietta Power & Water MARYLAND Navajo Tribal Utility Authority COLORADO IDAHO Easton Utilities Commission Salt River Project Longmont Power & Communications Idaho Falls Power MASSACHUSETTS ARKANSAS Loveland Water & Power ILLINOIS Holyoke Gas & Electric Conway Corporation Platte River Power Authority Springfield City Water, Light & Power Town of South Hadley Hope Water & Light Commission CONNECTICUT City of St. Charles Sterling Municipal Light Dept. Jonesboro City Water & Light Groton Utilities INDIANA MICHIGAN City of North Little Rock Electric Dept. Norwich Public Utilities Crawfordsville Electric Light & Power City of Bay Paragould Light & Water Commission FLORIDA Lawrenceburg Municipal Utilities City of Siloam Springs Beaches Energy Service IOWA CALIFORNIA Fort Pierce Utilities Authority Cedar Falls Utilities Alameda Municipal Power Gainesville Regional Utilities Muscatine Power & Water Coldwater Board of Public Utilities Holland Board of Public Works Lansing Board of Water & Light Zeeland Board of Public Works Source: APPA Selected Financial and Operating Ratios of Public Power Systems, Nov 2015 18 APPA Benchmarking Participants Central Lincoln People's Utility District Clatskanie People's Utility District Eugene Water & Electric Board MINNESOTA MISSISSIPPI NORTH CAROLINA ALP Utilities Greenwood Utilities Commission City of Albemarle Austin Utilities NEBRASKA Fayetteville Public Works Commission East Grand Forks Water, Light, Power Cedar-Knox Public Power Greenville Utilities Commission McMinnville Water & Light Grand Rapids Public Utilities Commission Chimney Rock Public Power District Rocky Mount, City of Northern Wasco County People's Utility District Marshall Municipal Utilities Fremont Department of Utilities Shelby, City of Springfield Utility Board Moorhead Public Service City of Hastings OKLAHOMA Tillamook People's Utility District New Ulm Public Utilities Lincoln Electric System Grand River Dam Authority SOUTH CAROLINA Owatonna Public Utilities Nebraska Public Power District Stillwater Utilities Authority Rochester Public Utilities North Central Public Power District Smithfield, Town of Worthington Public Utilities Polk County Rural Public Power District OHIO SOUTH DAKOTA City Utilities of Springfield Southern Public Power District Cuyahoga Falls, City of Brookings, City of MISSOURI NEW MEXICO Clyde Light & Power Watertown Municipal Utilities City of Cameron Farmington, City of City of Hamilton TENNESSEE City of Hannibal Los Alamos County Hudson Public Power Alcoa Electric Department Athens Utility Board Independence Power & Light NEW YORK Orrville, City of Poplar Bluff Municipal Utilities & City Cable Massena Electric Department OREGON Rolla Municipal Utilities Plattsburgh Municipal Lighting Department Canby Utility Board Greer Commission of Public Works South Carolina Public Service Authority Benton County Electric System Bristol Tennessee Essential Services Source: APPA Selected Financial and Operating Ratios of Public Power Systems, Nov 2015 19 APPA Benchmarking Participants Cleveland Utilities TEXAS Manassas, City of Rice Lake Utilities Columbia Power System Brownsville Public Utilities Board Martinsville Electric Department Shawano Municipal Utilities Cookeville, City of Bryan Texas Utilities WASHINGTON Wisconsin Rapids W W & L Comm Covington Electric System College Station, City of Benton PUD Dickson Electric System City of Garland Chelan County PUD Dyersburg Electric System Denton Municipal Electric City of Port Angeles Erwin Utilities Kerrville Public Utility Board Mason County PUD Gallatin Department of Electricity Lubbock Power & Light PUD of Cowlitz County Jackson Energy Authority New Braunfels Utilities PUD of Grays Harbor Cnty LaFollette Utilities Weatherford Municipal Utility System PUD of Lewis County McMinnville Electric System UTAH PUD of Snohomish County Memphis Light, Gas, and Water Division City of Springville Seattle City Light Morristown Utility System City of St. George WISCONSIN Nashville Electric Service VERMONT Kaukauna Utilities Pulaski Electric System Burlington Electric Department Manitowoc Public Utilities Sevier County Electric System VIRGINIA Marshfield Utilities Tullahoma Utilities Board BVU Authority Menasha Utilities Source: APPA Selected Financial and Operating Ratios of Public Power Systems, Nov 2015 20 Available Ratios from APPA Survey (Quartile Rankings listed in parentheses) Revenue per kWh (All Retail Customers) (1) Total O&M Expense (Excluding Power Supply Expense) per Retail Customer (2) Revenue per kWh (Residential Customers) (1) Total Power Supply Expense per kWh Sold (1) Revenue per kWh (Commercial Customers) (1) Purchased Power Cost per kWh (1) Revenue per kWh (Industrial Customers) (2) Retail Customers per Meter Reader (4) Debt to Total Assets (4) Distribution O&M Expenses per Retail Customer (1) Operating Ratio (1) Distribution O&M Expenses per Circuit Mile (2) Current Ratio (4) Customer Accounting, Customer Service, and Sales Expense per Retail Customer (2) Times Earned Interest (4) Administrative and General Expenses per Retail Customer (2) Debt Service Coverage (3) Labor Expense per Worker-hour (1) Net Income per Revenue Dollar (4) Energy Loss Percentage (4) Uncollectible Accounts per Revenue Dollar (3) System Load Factor (1) Retail Customers per Non-Power Generation Employee (4) Total O&M Expense per kWh Sold (1) Source: APPA Selected Financial and Operating Ratios of Public Power Systems, Nov 2015 21 Available Ratios from OPPD Survey (Quartile rankings listed in parentheses) Total O&M per MWh Sold (3) Transmission O&M (Less Other) as a % of Total Operating Revenues (3) Residential Revenues per Residential MWh Sold (2) O&M (Non-Power Production) per Retail Customer (2) Distribution O&M per Retail MWh Sold (2) Commercial Revenues per Commercial MWh Sold (1) O&M (Less Fuel and Purchased Power) as a % of Total Operating Revenues Distribution O&M per Retail Customer (2) Industrial Revenues per Industrial MWh Sold (3) (2) Total O&M as a % of Total Operating Revenues (2) Distribution O&M as a % of Total Operating Revenues (3) Wholesale Revenues per Wholesale MWh Sold (3) Power Production O&M per MWh Sold (2) System Average Interruption Duration Index (SAIDI) (1) Average Monthly Residential Bill (2) Generation O&M per MWh Generated (2) Electric Energy Sales per Employee (2) Fuel Expense per MWh Generated (2) Customer Average Interruption Duration Index (CAIDI) Retail Customers per Non-Power Generation Employee (1) Generation O&M (Less Fuel) per MWh Generated (4) Customer Accts, Service and Sales per Retail MWh Sold (3) Retail Energy Sales per Retail Employee (1) Purchased Power Expense per MWh Purchased (2) Customer Accts, Service and Sales per Retail Customer (3) Total Liabilities as a % of Total Assets (3) Power Production O&M per MWh Generated/Purchased (3) A&G per MWh Sold (2) Days Cash on Hand (2) Steam Production O&M per Steam MWh Generated (1) A&G per Retail Customer (1) Days Cash on Hand (5-Year Average) (2) EAF – Oil & Gas (3) A&G as a % of O&M (Less Fuel and Purchased Power) (1) Debt Service Coverage (3) A&G per Employee (1) OSHA Incidence Rate (per 100 Employees) (2) Transmission O&M per MWh Sold (4) Transmission O&M per Transmission Circuit Mile (3) A&G as a % of Total Operating Revenues (1) Inventory Turnover (1) Transmission O&M as a % of Total Operating Revenues (4) Uncollectible Accounts Expense as a % of Electric Energy Revenues (4) Transmission O&M (Less Other) per MWh Sold (4) Gross Distribution Plant in Service per Retail Customer (2) Net Distribution Plant in Service per Retail Customer (3) Retail Revenues per Retail MWh Sold (2) Transmission O&M (Less Other) per Transmission Circuit Mile (4) (2) Source: OPPD Corporate Key Indicators Report, June 2015 22 Exhibit IV 2015 Interruption/Outage Report Ben McGuire February 19, 2016 Reliability Statistics Indices • ASAI – Average Service Availability Index • SAIDI – System Average Interruption Duration Index • CAIDI – Customer Average Interruption Duration Index • SAIFI – System Average Interruption Frequency Index • MAIFI – Momentary Average Interruption Frequency Index Major Event Days Major Event Days (MEDs)- criteria based on IEEE Std13662012 and is calculated using 5 years of outage history. Any day with a SAIDI/day value greater than the MED threshold (Tmed) is classified as a MED. LES began using MED criteria in 2014 to replace old Storm definition, which was based on the customer calls reporting outages during adverse weather. Reliability indices are calculated excluding MEDs (Normal Days) or including MEDs (All Days). 2015 Major Event Day Statistics Date # of Outages # of Customer Interruptions SAIDI Minutes Cause April 19th 2 4,814 2.47 Substation Transformer Outage July 25th 82 8,554 24.97 Thunderstorm /Wind September 24th 5 2,316 2.54 Long Feeder Outage Tmed 2014 2015 2016 2.487 2.457 2.788 2011 – 2015 Outage Statistics 2011 2012 2013 2014 2015 129,163 130,537 131,915 127,605 129,675 129,779 Total No. of Interruptions 558 514 349 652 810 577 Interruptions during Normal Days (excluding Major Event Days) 431 428 349 611 721 508 Total No. of Sustained Interruptions (> 5 minutes) 481 449 302 586 716 507 Total No. of Instantaneous Interruptions (< 5 minutes) 130 104 87 102 138 112 No. of Customers 5 Year Average 2011 – 2015 Outage Statistics 2011 Number of Major Event Days 2012 2 ASAI (%) 2013 1 2014 0 2015 2 5 Year Average 3 1.6 99.9852 99.9918 99.9961 99.9949 99.9891 99.9914 AD 78 43.4 20.3 26.9 57.3 45.2 ND 24.4 21.8 20.3 21.6 27.5 23.1 AD 145.5 112.7 61.1 69.2 103.9 98.5 ND 65.6 71.5 61.1 65.5 69.1 66.6 SAIFI (Long Interruptions) 0.54 0.39 0.33 0.39 0.55 0.44 MAIFI (Short Interruptions) 0.89 0.64 0.66 0.82 0.89 0.78 SAIDI (Minutes) (LES Goal <60) CAIDI (Minutes) (LES Goal <80) AD – All Days (including Major Event Days) ND – Normal Days (excluding Major Event Days) Monthly SAIDI 2015 Monthly SAIDI 4.94 4.66 5.00 4.50 3.70 4.00 3.74 3.43 MINUTES 3.50 3.00 2.21 2.50 2.00 1.46 1.50 1.08 1.00 0.56 0.47 0.93 0.36 0.50 0.00 JAN FEB MAR APR MAY JUN JUL Month AUG SEP OCT NOV DEC Monthly SAIDI 5 Year Averages Monthly SAIDI 5 Year Averages (2011-2015) 4.00 3.65 3.50 3.12 3.10 3.00 2.75 2.56 MINUTES 2.50 1.92 2.00 1.68 1.42 1.50 1.00 0.77 0.80 0.72 0.70 0.50 0.00 JAN FEB MAR APR MAY JUN JUL Month AUG SEP OCT NOV DEC 2011 – 2015 Major Outage Causes on the Distribution System Dist Outage Causes (2011-2015) 5 Year Average % of 5 Yr Avg Total 2011 2012 2013 2014 2015 211 143 53 102 132 128 23.28% UG Primary Cable/Splice 56 78 51 61 76 64 11.70% Lightning 81 36 25 64 66 54 9.88% Squirrels 53 56 58 66 56 58 10.50% 0 1 0 35 52 18 3.20% 15 17 13 25 45 23 4.18% UG Primary Cable Cut 5 13 16 19 41 19 3.41% OH Secondary Connector Fail 0 2 0 21 38 12 2.22% UG Secondary Cable Cut 0 0 4 14 34 10 1.89% *OH Problems 13 14 18 28 29 20 3.71% ***Miscellaneous 23 39 14 30 29 27 4.90% OH Primary Connector/Jumper 18 9 10 17 23 15 2.80% OH Secondary Shorted 6 5 2 19 21 11 1.93% **UG Problems 8 10 14 31 20 17 3.01% OH Arrester Fail 16 8 16 20 20 16 2.91% Vehicle Accident 13 11 10 10 15 12 2.14% OH Transformer Fail/Overload 8 14 14 18 9 13 2.29% Wind 2 17 6 9 8 8 1.53% 24 25 15 7 5 15 2.76% Birds 6 16 10 15 2 10 1.78% Total 558 514 349 611 721 551 100.00% Trees UG Secondary Cable Fail Other Unknown Cause of Outages – 2011 - 2015 250.0 200.0 150.0 100.0 50.0 0.0 2011 2012 2013 2014 2015 Trees 211 143 53 102 132 UG Pri Cable/Splice 56 78 51 61 76 Lightning 81 36 25 64 66 Squirrels 53 56 58 66 56 UG Sec Cable Fail 0 1 0 35 52 Circuits with the Most Outages RANK SUBSTATION CKT CKT CUST CUSTMIN SYSTEM SAIDI # of OUTAGES 1 91st & Hwy 2 7414 810 90616 0.7 18 2 30th & A 5211 1368 356718 2.75 17 T3 56th & Q 6013 1160 108181 0.83 16 T3 84th & Leighton 6746 1755 23395 0.18 16 T5 30th & A 5213 1727 108589 0.84 15 T5 56th & Everett 5611 1816 61705 0.48 15 T7 3rd & Van Dorn 1816 2176 51897 0.4 13 T7 91st & A 7212 1489 11549 0.09 13 T9 70th & Calvert 7021 905 37020 0.29 12 T9 40th & Gertie 5812 1075 18767 0.14 12 T9 30th & A 5214 1537 17858 0.14 12 T9 59th & Cornhusker 5913 1307 13714 0.11 12 T9 NW 70th & Fairfield 1015 574 13573 0.1 12 T9 30th & A 5212 1538 4641 0.04 12 Five circuits with the most outages in 2015 Circuits with the Highest SAIDI Impact RANK SUBSTATION CKT CKT CUST CUST-MIN SYSTEM SAIDI # of OUTAGES 1 30th & A 5211 1368 356718 2.75 17 2 20th & Pioneers 3822 1429 334934 2.58 11 3 NW 5th & Benton 1212 1907 303977 2.34 10 4 3rd & Van Dorn 1816 2176 191883 1.48 13 5 20th & Pioneers 3812 1109 151777 1.17 9 6 30th & A 5223 2870 130676 1.01 6 7 29th & Leighton 4012 1429 115083 0.89 10 8 30th & A 5213 1727 108589 0.84 15 9 56th & Q 6013 1160 108181 0.83 16 10 3rd & Van Dorn 1815 1147 99017 0.76 2 Five circuits with the highest SAIDI Impact in 2015 Annual SAIDI Annual SAIDI Annual CAIDI Comparative CAIDI Values Averages include All Weather outages System Average Interruption Duration Index (SAIDI) 5-Year Average (2010-2014) (Normal Days) 80 74.25 64.95 68.08 G J 60.31 SAIDI [Minutes] 60 43.85 I D 37.85 40 20 42.52 34.42 17.54 20.10 20.49 B F (LES) 0 A L M K H Company Comments: In 2014, LES ranked 3rd out of the 11 participants that submitted data. The 5-year average was only calculated for participants that provided five years of data. SAIDI = Total Duration of Customer Sustained Interruptions in a Year / Total Number of Customers Served. Source: OPPD Corporate Key Indicators Report, June- 2015 19 Customer Average Interruption Duration Index (CAIDI) 5-Year Average (2010-2014) (Normal Days) 160 139 140 CAIDI [Minutes] 120 107 100 M H 74 80 60 93 95 51 55 57 57 K I A D 60 63 40 20 0 B F (LES) J G L Company Comments: In 2014, LES ranked 6th out of the 11 participants that submitted data. The 5-year average was only calculated for participants that provided five years of data. CAIDI = Total Duration of Sustained Interruptions in a Year / Total Number of Customers Interrupted. Source: OPPD Corporate Key Indicators Report, June - 2015 20 State SAIDI Comparison Nebraska 54 minutes LES SAIDI in 2013 was 20.3 minutes Questions??? Exhibit V Financial Performance January 2016 Energy Sales – January 2016 160,000 YTD Status (MWh’s) Actual Budget Variance % Retail 281,083 304,423 ‐23,340 ‐7.7% Total 420,403 412,810 7,593 +1.8% 136,371 140,000 129,725 123,979 121,220 Heating Degree Days were 5.3% below normal MWh’s 120,000 100,000 89,609 80,000 56,790 60,000 34,067 40,000 51,597 49,711 Budget Actual 36,558 20,000 0 Actual Budget Residential Month Actual Budget Commercial Actual Budget Industrial 1,817 1,769 Actual Budget Street Light Actual SPP Sales Budget Contract Sales 121,220 136,371 123,979 129,725 34,067 36,558 1,817 1,769 89,609 51,597 49,711 56,790 121,220 136,371 123,979 129,725 34,067 36,558 1,817 1,769 89,609 51,597 49,711 56,790 YTD less current month Total Unbilled change allocated to retail revenue classes. Wholesale sales separated into SPP sales and contract sales. 1 Revenue – January 2016 $12,000 YTD Status (Amounts in Thousands) $10,389 $10,000 Actual Budget Variance % Retail $20,472 $21,674 ‐$1,202 ‐5.6% Total $25,381 $28,040 ‐$2,659 ‐9.5% $9,576 $8,423 $8,717 Amounts in 000’s $8,000 $6,000 $3,606 $4,000 $2,301 $2,400 $2,221 $2,000 $1,309 $1,559 $807 $0 Actual Budget Residential Month Actual Budget Commercial Actual Budget Industrial $172 $168 Actual Budget Street Light Actual Budget SPP Sales Actual Budget Contract Sales Actual $612 $572 $589 Budget Actual Budget Other Revenue CDFUO $9,576 $10,389 $8,423 $8,717 $2,301 $2,400 $172 $168 $2,221 $3,606 $1,309 $1,559 $807 $612 $572 $589 $9,576 $10,389 $8,423 $8,717 $2,301 $2,400 $172 $168 $2,221 $3,606 $1,309 $1,559 $807 $612 $572 $589 YTD less current month Total Unbilled change allocated to retail revenue classes. Wholesale sales revenue separated into SPP sales and contract sales. 2 Expense – January 2016 $9,000 YTD Status (Amounts in Thousands) $7,789 $8,000 $6,991 Actual Budget Variance % Oper Exp $23,416 $24,957 ‐$1,541 ‐6.2% Total $26,818 $28,710 ‐$1,892 ‐6.6% $6,902 $7,000 $6,354 Amounts in 000’s $6,000 $5,000 $4,000 $3,351 $3,722 $4,052 $4,061 $3,753 $3,402 $3,000 $2,250 $2,080 $2,000 $1,000 $588 $233 $0 Actual Budget SPP Purchased Power Month YTD less current month Total Actual Budget Non‐Owned Asset Power Actual Budget Actual Produced Power (Owned Asset Power) Budget Actual O&M Budget A&G Actual Budget Depreciation Actual Budget Non‐Operating Expense (Income) $588 $233 $6,991 $7,789 $6,354 $6,902 $2,080 $2,250 $3,351 $3,722 $4,052 $4,061 $3,402 $3,753 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $588 $233 $6,991 $7,789 $6,354 $6,902 $2,080 $2,250 $3,351 $3,722 $4,052 $4,061 $3,402 $3,753 Purchased power separated into SPP purchased power and non-owned asset power. 3 Change in Net Position (Net Revenue) – 2016 $10.0 $8.0 2016 Budgeted Change in Net Position (Net Revenue) = $6.09 Million $6.0 (millions) $4.0 $2.0 $0.0 ($2.0) ($4.0) ($6.0) ($8.0) ($10.0) Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec $(6.37) $(7.76) $(8.32) $(0.43) $5.58 $8.10 $7.89 $5.94 $6.09 Aug Sep Oct Nov Dec $ 6.01 $ 2.52 2016 Actual $(1.44) 2016 Budget $(0.67) $(1.64) $(2.60) Jan Feb Mar Apr May Jun Jul 2016 Actual $ (1.44) 2016 Budget $ (0.67) $ (0.97) $ (0.96) $ (3.78) $ (1.39) $ (0.56) $ 7.88 $ (0.21) $ (1.94) $ 0.14 4 Debt Service Coverage & Fixed Charge Coverage Ratio Prior Month Year-end Projection Year-end Projection As of Jan. 2016 Year-end Budget Annual Target Debt Service Coverage N/A 2.00X 2.00X 2.00X Fixed Charge Coverage N/A 1.52X 1.52X 1.55X Note: Debt Service Coverage Ratio measures ability of current year funds to cover long-term debt obligations. Fixed Charge Coverage Ratio measures ability of current year funds to cover longterm debt and capacity payments. DSC YTD Actual FCC YTD Actual 2.20 2.00 1.80 1.60 1.40 1.20 1.00 0.80 DSC Budget FCC Budget J F M A M J J A S O N D 5 Significant Capital Projects ‐ January 2016 YTD Status (Amounts in Thousands) Direct Cost Actual $2,738.7 Budget $4,057.2 Variance -$1,318.5 % -32.5% 6 Power Supply Division Jason Fortik February 19, 2016 Ver 20150717.1 January 2016 Monthly Actual vs. Budget *Non‐Owned Asset Power does not include SPP IM Purchased **Contract Sales does not include SPP IM Revenue ***SPP Other includes Over‐Collected Losses and ARR’s/TCR January 2016 Daily Temperature Range January 2016 Loads January 2016 Customer Energy Consumption January 2016 Unit Equivalent Availability January 2016 Daily Load and Resource Energy January 2016 Peak Load Day – January 18, 2016 January 2016 Note: Total percentage may not add up to 100% due to rounding January 2016 Energy Utilized by SPP IM Wind PPA's (100 GWh) 25% Landfill Gas (2 GWh) 1% WAPA (21 GWh) 5% Gentleman Station (77 GWh) 19% Wind PSA's (10 GWh) 2% Terry Bundy (1 GWh) 0% Walter Scott (64 GWh) 16% Sheldon Station (22 GWh) 5% Note: Total percentage may not add up to 100% due to rounding Laramie Station (108 GWh) 27%