January 19, 2016 Board Meeting Notice, Agenda and Supporting
Transcription
January 19, 2016 Board Meeting Notice, Agenda and Supporting
Board of Directors Tuesday, January 19, 2016 PO Box 1 Johnson City, TX 78636 Regular Meeting www.pec.coop ~ Agenda ~ Call PEC Toll Free 1-888- 554-4732 9:00 AM PEC Headquarters Auditorium Open Session of this Regular Meeting is held in the PEC Auditorium and will be video recorded in accordance with Open Meetings Policy. Members may also watch this meeting by livestream from the PEC website at http://www.pec.coop/boardvideos 1. Call to Order and Roll Call 9:00 AM Meeting called to order on January 19, 2016 at PEC Headquarters Auditorium, 201 South Avenue F, Johnson City, TX. The following agenda items may be considered in a different order than they appear. 2. Adoption of Agenda 3. Member Comments (3 minute limitation or as otherwise directed by Board) 4. Minutes Approval A. 5. Matters From Directors A. Emily Pataki 1. B. (Resolution (ID # 3331)) Director Travel Expense Policy Amendments Paul Graf 1. 6. Thursday, December 17, 2015 Regular Meeting (Resolution (ID # 3354)) Proposed Amendment to Election Policy and Procedures Relating to Voter History Information Matters from Legal Counsel A. (Resolution (ID # 3346)) 2016 Election Timeline Revisions - D Richards B. 2016 Appointment of Qualifications and Elections Committee - D Richards C. 2016 Election and Ballot Initiative Update - D Richards D. (Resolution (ID # 3325)) Direct Outside General Counsel to Prepare 2016 Ballot Item(s) - D Richards 7. Chief Executive Officer A. CEO - Reports Board of Directors Page 1 Revised 1/15/2016 Regular Meeting B. 8. 1. Chief Executive Officer - 2015 Year in Review / 2016 Outlook 2. Corporate Services Report (written report in materials) 3. Operations Report (written report in materials) 4. Engineering and Energy Innovations Report (written report in materials) 5. Power Supply & Energy Services Report (written report in materials) 6. Member Services Report (written report in materials) 7. Information Technology Report (written report in materials) January 19, 2016 CEO - Action Items/Other Items 1. (Resolution (ID # 3315)) NRECA 2016 Annual Membership Dues - J Hewa 2. Rate Plan and Member Feedback - I Sterzing 3. (Resolution (ID # 3343)) Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines and Tariff Amendment - B Beavers 4. (Resolution (ID # 3349)) Construction and Engineering Master Service Agreements_Additional Contractors- B Hicks Future Items for Board Consideration A. 9. Agenda Board Meeting Planning Calendar - S Romero Proposed Future Meetings (subject to final posting) A. February Regular Meeting - 9:00 am on Monday, February 22, 2016 at the PEC Headquarters B. March Regular Meeting - 9:00 am on Monday, March 21, 2016 at the PEC Headquarters C. April Regular Meeting - 9:00 am on Monday, April 18, 2016 at the PEC Headquarters 10. Executive Session A. B. Legal Matters 1. Update on Litigation and Related Legal Matters 2. Matters in Which the Board Seeks the Advice of Its Attorney as Privileged Communications in the Rendition of Professional Legal Services Competitive Matters 1. Board of Directors Competitive Grants Update - P Muhoro Page 2 Revised 1/15/2016 Regular Meeting 2. C. Power Supply Update - I Sterzing Facilities and Real Estate Update and Review Security Matters 1. E. January 19, 2016 Real Estate Matters 1. D. Agenda Safety and Security Matters Personnel Matters 1. Personnel Matters Update 2. Annual CEO Performance Evaluation - E Pataki 11. Reconvene to Open Session 12. Items from Executive Session 13. Adjourn Board of Directors Page 3 Revised 1/15/2016 4.A Board of Directors Thursday, December 17, 2015 PO Box 1 Johnson City, TX 78636 Regular Meeting www.pec.coop ~ Minutes ~ Call PEC Toll Free 1-888- 554-4732 9:00 AM PEC Headquarters Auditorium 1. Call to Order and Roll Call 9:00 AM Meeting called to order on December 17, 2015 at PEC Headquarters Auditorium, 201 South Avenue F, Johnson City, TX. Attendee Name Cristi Clement Emily Pataki Kathryn Scanlon Chris Perry Paul Graf Amy Lea SJ Akers James Oakley 2. Title District 1 Director District 2 Director District 3 Director District 4 Director District 6 Director District 7 Director District 5 Director Status Present Present Present Late Present Present Present Arrived 9:12 AM 9:12 AM 9:12 AM 12:14 PM 9:12 AM 9:12 AM 9:12 AM Adoption of Agenda The agenda was adopted as presented by consent. 3. Member Comments (3 minute limitation or as otherwise directed by the Board) The following members spoke on topics including but not limited to: Mark Axford - elimination of convenience fees, bill credits for use of bank drafts, proposed revision to Beat the Peak program, and smart meters for participating members. Tom "Smitty" Smith - encouraged no vote on Clean Power Plan resolution, offered alternative and distributed information the impact of climate change. Lucy Stolzenberg - encouraged voting against the Clean Power Plan resolution. Ernest Altgelt - request for data on how Clean Power Plan would increase rates, amicus brief, the questioning of Director Perry, and director conflict of interests. Matt Weldon - encouraged voting against the Clean Power Plan resolution. Rick Sternberg - support for protecting the environment and elimination of coal plants, against becoming involved in Clean Power Plan lawsuit. Annie Borden - encouraged voting against the Clean Power Plan resolution. Larry Landaker - encouraged rejection of the Clean Power Plan resolution and a study of the numbers. Board of Directors Page 1 Revised 1/14/2016 Packet Pg. 4 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Open Session of this Regular Meeting was held in the PEC Auditorium and was video recorded in accordance with Open Meetings Policy. Members were able to watch this meeting by livestream from the PEC website at http://www.pec.coop/boardvideos 4.A Regular Meeting Minutes December 17, 2015 Karen Hadden - discouraged involvement in Clean Power Plan lawsuit, support for renewables power purchases. 5. Announcements A. December 24 & 25, 2015 - PEC Offices Closed for Christmas Holiday B. January 1, 2016 - PEC Offices Closed for New Year's Holiday Minutes Approval A. Friday, November 13, 2015 Regular Meeting Following a recommendation from Director Paul Graf, the minutes as presented were approved. RESULT: MOVER: SECONDER: AYES: ABSENT: 6. ACCEPTED [UNANIMOUS] Paul Graf, District 6 Director Kathryn Scanlon, District 3 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Matters From Directors A. James Oakley 1. (Resolution (ID #3298)) 2016 NRECA/NRTC/CFC Annual Meetings Voting Delegates President James Oakley and Director Kathy Scanlon stated that they may attend the NRECA Annual Meeting. Since there was time to consider this item at a later date, President James Oakley stated that this item would be placed on a future agenda for consideration. B. Kathy Scanlon 1. Presentation on the Benefits to Texas of the Clean Power Plan - John Hall, Environmental Defense Fun Director Kathy Scanlon introduced Clean Energy Texas State Director John Hall and reviewed his background in the industry. Mr. John Hall distributed and reviewed information included in the Well Within Reach: How Texas Can Comply with and Benefit from the Clean Power Plan presentation as attached (appendix 6.B.1.a.). Mr. Hall provided a background on the Environmental Defense Fund, which is an environmental advocacy organization with an emphasis on science, technology development and negotiations to resolve complicated environmental issues in a cost effective manner, especially issues in the electricity sector. Mr. Hall reviewed his organizations findings, along with the water, economic, and health benefits of the Clean Power Plan. Mr. Hall stated that Texas was on track for compliance with the Clean Power Plan. At 10:18 am President James Oakley announced a break and the meeting reconvened at 10:38 am. President James Oakley recognized LCRA General Manager Phil Wilson and TEC Senior VP of Government Relations and Legal Affairs Eric Craven who were in the audience. C. Emily Pataki Board of Directors Page 2 Revised 1/14/2016 Packet Pg. 5 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 4. 4.A Regular Meeting Minutes December 17, 2015 2. (Resolution 2015-99) Authority to File Amicus Curiae Brief Director Emily Pataki moved to approve the resolution as included in the Board package for Authority to File Amicus Brief with No Direct Cost in Challenge of Clean Power Plan (CPP). Director Paul Graf seconded the motion. CEO John Hewa stated that staff would make available a North American Electric Reliability Corporation (NERC) report on reliability and expected another NERC report by the first quarter of 2016. Mr. Robert Henneke Director for Center for the American Future at the Texas Public Policy Foundation, a non-profit research institute, reviewed his foundation's mission, and the ways other organizations were challenging and supporting Clean Power Plan. Mr. Henneke offered representation services to the Cooperative, at no cost, to assist in filing an amicus brief that would communicate the projected impact of the CPP on the Cooperative and its members before the District of Columbia courts. Mr. Henneke asked the Board to consider being their client and allowing them to draft a brief in consultation with them. Following a statement of opposition from Director Cristi Clement, Director Kathy Scanlon moved to approve a substitute resolution "PEC's Oversight of EPA's Clean Power Plan" as attached (appendix 6.C.2.a.) and Director Cristi Clement seconded. Director Chris Perry joined the meeting at 12:14 pm. Following discussion and a point of order from Director Chris Perry, Director Emily Pataki moved the following substitute resolution in place of the original resolution, "Direct staff to produce an amicus brief for the limited purpose of educating the court and raising awareness of the real effects of this Clean Power Plan on Pedernales Electric Cooperative, its members and citizens alike." Director Amy Akers seconded the motion. In response to a director inquiry, TEC Senior VP of Government Relations and Legal Affairs Eric Craven stated that there was no way to communicate PEC's specific situation before the court without filing an amicus brief. Director Paul Graf called the question and the Board voted 4 to 3 to end the debate with Directors Clement, Scanlon and Perry opposed. The Board voted 4 to 3 in favor of the substitute motion with Directors Clement, Scanlon and Perry opposed. Director Kathy Scanlon withdrew her substitute motion. President James Oakley provided an overview of the types of items to be discussed in Executive Session and the reasons those items must be discussed in Executive Session. At 12:35 pm President James Oakley stated that the Board would go into Executive Session and would return at approximately 3:00 pm to continue the Open Session. Board of Directors Page 3 Revised 1/14/2016 Packet Pg. 6 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 1. Discussion and Presentation of PEC Impacts of Federal Clean Power Plan Director Emily Pataki reviewed points from the ERCOT report, including power cost increases, reliability concerns, and energy efficiencies costs. Director Emily Pataki commented on EPA considerations, energy resources, the focus moving forward, ensuring a clean environment, and the duty to provide low cost, safe and reliable electricity. CEO John Hewa, VP of Power Supply and Energy Services Ingmar Sterzing, and VP of Legal Services Don Ballard reviewed the Clean Power Plan PowerPoint presentation as attached (appendix 6.C.1.a.). Staff answered questions regarding energy availability in a severe event. In closing CEO John Hewa stated that the Cooperative should engage, identify needs going forward, fill in the unknowns about the plan, and be prepared for any risks or opportunities from the plan. 4.A Regular Meeting Minutes ADOPTED [4 TO 3] Emily Pataki, District 2 Director Amy Lea SJ Akers, District 7 Director Emily Pataki, Paul Graf, Amy Lea SJ Akers, James Oakley Cristi Clement, Kathryn Scanlon, Chris Perry 7. Reconvene to Open Session at 2:20 pm 8. Matters from Legal Counsel A. (Resolution 2015-108) Compliance and Qualifications Question of Director Chris Perry to Affirm Directors Code of Conduct - Notice to Comply Outside Counsel Don Richards reviewed his duties as a liaison with outside counsel and as a monitor of director compliance with policies. Mr. Richards stated that he believed the lawsuit had been dismissed as there had been no challenge of Director Perry's nonsuit. Mr. Richards stated that at last week's meeting he asked Director Perry the unanswered discovery questions, and that Director Chris Perry indicated he was in compliance with the conflict of interest. Mr. Richards reported that during the time of the lawsuit Director Chris Perry had signed the Code of Conduct form with a qualifying statement. When Mr. Richards raised the question of resigning the Code of Conduct form, Director Perry stated that he would speak to his counsel and get back with us. This form has not yet been received. Following discussion on the Code of Conduct compliance, Outside General Counsel reviewed remedies the Board could take including issuing a verbal reprimand, giving 30 days to come in compliance, or a taking a more formal action to address his duty of obedience. Director Emily Pataki moved to instruct Director Chris Perry that he has until the adjournment of the next scheduled meeting, January 12th to sign an unabridged unqualified version of the Code of Conduct as we all have had to do as sitting directors. Director Kathy Scanlon seconded the motion and the Board unanimously approved. Later in the meeting, the Board acknowledged that an incorrect date was referenced in the resolution. Director Emily Pataki moved to amend the date in the compliance resolution to say January 11th which was the date of the scheduled meeting. Director Kathy Scanlon seconded the motion to amend and the Board unanimously approved the amendment. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Emily Pataki, District 2 Director Kathryn Scanlon, District 3 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry B. Announcement of 2016 Election Timeline - D Richards Outside General Counsel Don Richards reviewed the 2016 Election Timeline as highlighted and attached (appendix 8.B.1.). In response to director inquiries, Mr. Richards reviewed the role, duties, and meeting date(s) of the Qualifications and Election Committee. 9. Matters from Directors (continued) A. Board of Directors (Resolution 2015-107) 2016 NRECA/NRTC/CFC Annual Meetings Voting Delegates Page 4 Revised 1/14/2016 Packet Pg. 7 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) RESULT: MOVER: SECONDER: AYES: NAYS: December 17, 2015 4.A Regular Meeting Minutes December 17, 2015 President James Oakley stated that due to a deadline this item must be addressed prior to the next meeting in January. Following discussion, the Board voted to appoint Kathy Scanlon as voting delegate and James Oakley as alternate delegate as more fully stated in the resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: Chief Executive Officer A. CEO - Reports 1. Chief Executive Officer Update - J Hewa CEO John Hewa reviewed the Chief Executive Officer Update PowerPoint presentation as attached (appendix 8.A.1.a.). 2. Financial Services Report - T Golden CFO Tracy Golden reviewed the Monthly Financials Report as included in the Board package and answered questions on net margins and cost saving in interest. 3. Corporate Services Report (written report in materials) The written materials for Corporate Services Report were included in the Board package. 4. Operations Report (written report in materials) The written materials for Operations Report were included in the Board package. 5. Engineering and Energy Innovations Report (written report in materials) The written materials for Engineering and Energy Innovations Report were included in the Board package. 6. Member Services Report (written report in materials) The written materials for Member Services Report were included in the Board package. 7. Communications & Business Services (written report in materials) The written materials for Communications and Business Services Report were included in the Board package. B. CEO - Action Items/Other Items 1. (Resolution (ID # 3278)) 2016 Operating Budget & Capital Improvement Plan CFO Tracy Golden stated that the 2016 Budget PowerPoint presentation and resolution were included the package. Following Director Kathy Scanlon's motion to approve, the Board asked Board of Directors Page 5 Revised 1/14/2016 Packet Pg. 8 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 10. ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Emily Pataki, District 2 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry 4.A Regular Meeting Minutes December 17, 2015 to continue discussions in Executive Session. Director Amy Akers moved to table this item until following Executive Session and Director Emily Pataki seconded. President James Oakley stated that this item would be considered after Executive Session. (Resolution 2015-102) 2016 Key Performance Indicator Plan and Methodology - J Hewa / M Racis CEO John Hewa and VP of Communications and Business Services Michael Racis reviewed the 2016 Key Performance Indicator (KPI) Plan Recommendations PowerPoint Presentation and the 2016 Key Performance Indicator Plan and Methodology as attached (appendix 10.B.2.a. & 10.B 2.b). RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Kathryn Scanlon, District 3 Director Emily Pataki, District 2 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry 3. (Resolution 2015-103) 2016-2020 Vegetation Management Master Service Agreements for Distribution and Transmission Vegetation Maintenance - B Hicks VP of Engineering and Energy Innovations Brad Hicks reported on the master service agreements expiring and the resolution seeking approval of the proposed contracts as included in the Board package. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Emily Pataki, District 2 Director Cristi Clement, District 1 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry 4. (Resolution 2015-104) Authorization For Regulatory Action with Public Utility Commission of Texas Regarding Service Area Encroachments - W McKee / A Hagen Special Counsel Aisha Hagen and VP of Operations Wayne McKee reviewed the Authorization for Regulatory Action with Public Utility Commission of Texas Regarding Service Area Encroachments PowerPoint presentation as attached (appendix 10.B.4.a.) and the resolution as included in the package. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Paul Graf, District 6 Director Cristi Clement, District 1 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry 5. (Resolution 2015-105) Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines - B Beavers Energy Services Manager Blake Beavers reviewed the Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines PowerPoint presentation as attached (appendix 10.B.6.a.). Board of Directors Page 6 Revised 1/14/2016 Packet Pg. 9 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 2. 4.A Regular Meeting Minutes RESULT: MOVER: SECONDER: AYES: ABSENT: 11. December 17, 2015 ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Kathryn Scanlon, District 3 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Future Items for Board Consideration 12. Proposed Future Meetings (subject to final posting) A. January Special Meeting - 9:00 am on Monday, January 11, 2016 at the PEC Headquarters B. January Regular Meeting - 9:00 am on Tuesday, January 19, 2016 at the PEC Headquarters After announcing tentative dates for a Special Meeting on Monday, February 8, 2016 and a Regular Meeting on Monday, February 22, 2016, President James Oakley stated that he wanted to work with staff for a single monthly meeting if possible. Director Cristi Clement shared that she was invited to speak on a panel at the NRECA New Director Orientation and would be attending at no expense to the Cooperative. President James Oakley provided an overview of the types of items to be discussed in Executive Session and the reasons those items must be discussed in Executive Session. At 3:38 pm President James Oakley stated that the Board would go into Executive Session. 13. Executive Session A. B. C. Security Matters 1. Safety and Security Matters 2. Continuing Discussion on Cyber Security Planning and Preparedness Measures - L Parnell/T Shaheed Legal Matters 1. Update on Litigation and Related Legal Matters 2. Matters in Which the Board Seeks the Advice of Its Attorney as Privileged Communications in the Rendition of Professional Legal Services 3. Ethics and Compliance Report Update Competitive Matters Board of Directors Page 7 Revised 1/14/2016 Packet Pg. 10 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) A. Board Meeting Planning Calendar (written report in materials) The Board Meeting Planning Calendar was included in the Board package. 4.A Regular Meeting 1. (Resolution (ID # 3304)) Distribution Poles – Blanket Purchasing Agreement - B Hicks Real Estate Matters 1. F. Continuation of Discussion Regarding 2016 Operating Budget, Capital Improvement Plan (CIP), and Work Plan Including Items Concerning Competitive Matters, Personnel, Contracts and Real Estate (as needed) - T Golden Contract Matters 1. E. December 17, 2015 Facilities and Real Estate Update and Review Personnel Matters 1. Personnel Matters Update 2. Discussion of Annual CEO Performance Evaluation Process - E Pataki 14. Reconvene to Open Session at 4:35 pm 15. Items from Executive Session A. (Resolution 2015-106) Distribution Poles - Blanket Purchasing Agreement - B Hicks RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Paul Graf, District 6 Director Cristi Clement, Paul Graf, Amy Lea SJ Akers, James Oakley Emily Pataki, Kathryn Scanlon, Chris Perry B. (Resolution 2015-101) 2016 Operating Budget & Capital Improvement Plan - T Golden At 4:37 pm Director Emily Pataki rejoined the meeting by phone. RESULT: MOVER: SECONDER: AYES: ABSENT: 16. ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Paul Graf, District 6 Director Clement, Pataki, Graf, SJ Akers, Oakley Kathryn Scanlon, Chris Perry Adjourn There being no further business to come before the Board of Directors, meeting was adjourned at 4:39 pm. Board of Directors Page 8 Revised 1/14/2016 Packet Pg. 11 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) D. Minutes 4.A Regular Meeting Minutes December 17, 2015 ____________________________________ Paul Graf, Secretary APPROVED: _______________________________________ Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) James Oakley, President Board of Directors Page 9 Revised 1/14/2016 Packet Pg. 12 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 CONTENTS PRESENTATION: FINDINGS AND CONCLUSIONS APPENDICES: DELVING DEEPER ./ BENEFITS OF CPP COMPLIANCE ./ SCENARIOS USED FOR THIS ANALYSIS ./ MARKET TRENDS ./ CLEAN ENERGY MEASURES BEYOND GENERATION 1 Packet Pg. 13 10 r 6.B.1.a 4.A •• Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Clean Power Plan Overview NATIONAL GOAL: ~ Reduce C02emissions from existing power plants 32 percent below 2005 levels by 2030. TEXAS GOAL: ~ The Clean Power Plan enables Texas the flexibility to pursue compliance with either a rate-based or mass-based target that were crafted to be equivalent. This EDF analysis focuses on rate-based targets due to data availability, but we support either approach. • 2030 Target: Reduce emissions intensity of existing power sources 33 percent from a 2012 baseline rate of 1,566 Ibs/MWh to an average of 1,042 Ibs/MWh by 2030. • 2022-2029 Interim Target: Average emissions rate of 1,188 Ibs/MWh. How Does Texas Compare to Other States? 300 -50% • -45% -40% -35% -30% -25% -20% -15% -10% -5% 0% 2 Packet Pg. 14 11 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 Texas Clean Energy Market Trends ,/ MARKETS: Deregulation created the opportunity for more retail electricity providers to compete with one another within ERCOT, forcing inefficient resources to give way to more cost-effective options. ,/ INFRASTRUCTURE: The construction of the CREZ lines has facilitated the growth of renewables, especially wind. ,/ TECHNOLOGY: • Prices for renewable energy and natural gas have declined significantly over the past decade to become the state's most competitive fuels. • 80 percent ofTexas coal plants will be more than 40 years-old by 2030, meaning dirtier, less efficient plants that will be forced to retire. BOTTOM LINE: Effective policies, encouraged by the Clean Power Plan , can accelerate this trend by supporting growth of low-carbon technologies, while ensuring reliable power and keeping electricity affordable. Texas is Most Resource-Rich State for Clean Energy UNMATCHED RENEWABLE ENERGY POTENTIAL ,/ Texas has more than twice the wind potential and three times the solar potential of any other state. ,/ According to SNL Financial (June, 2015), wind capacity in Texas in 2020 should exceed 30 GW, about double 2015 capacity. ,/ According to Bloomberg New Energy Finance (June, 2015), U.S. wind and solar capacity will grow 32 percent and 271 percent from 2020 to 2030, respectively. • As the state that has the most potential for both of these resources, Texas should comprise a significant proportion of this growth . 3 Packet Pg. 15 12 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 Texas is Most Resource-Rich State for Clean Energy ENERGY EFFICIENCY ./ Texas has significant potential to deploy more energy efficiency and energy management programs, including demand response. CLEANER FOSSIL ALTERNATIVES ./ Texas has more natural gas reserves than any other state and currently produces 29 percent of the nation's natural gas . ./ Texas has more Combined Heat and Power (CHP) potential than any other state, in large part related to its refining and petrochemical sectors. Methodology KEY INPUTS ./ The ERCOT region is the primary focus of our study, and we rely on ERCOT projections for three of our four scenarios (below). Also, we focus on the rate-based CPP target due to data availability. ./ We use the MJ Bradley and Associates (MJB&A) ·CPP Compliance Tool - Version 2.0." This tool is industry-funded and yields more conservative results (i.e. more difficult to comply with the CPP) than similar models, including the PLEXOS model ERCOT has used in the past. SCENARIOS & DATA ./ ERCOT Baseline: Uses 2020 and 2029 generation mix assumptions from ERCOT's "Current Trends" scenario for its December 2014 report entitled Impacts of Environmental Regulations in the ERCOT Region. ./ EDF Current Trends: Adjusts the ERCOT Baseline scenario based on forecasts ERCOT has made in other publications over the past year for projected renewables and natural gas generation mix percentages, as well as current energy efficiency activities occurring in ERCOT. ./ CPP Compliance Scenario: An example of a track Texas might take to comfortably achieve CPP compliance. EDF does not necessarily recommend this path relative to others; rather, it is an illustrative scenario. ,/ Beyond Compliance: An example of a track through which Texas could go well beyond CPP compliance in a manner that is both comfortable for the state and maximizes economic, health, and water benefits. 4 Packet Pg. 16 13 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Clean Power Plan Compliance: Texas 88% of the Way There 1600 " 2012 Tex• • CPP b • • eIlM: 1,500 Ib./MWh i 1200 ~ g .. ?: c: !! .5 c: •0 ------- ~-------2030 Tex•• CPP la"Vet: 1,042 Ib./MWh 800 'i 1.108 IbaIMWh 11K to CPP goal E •• ,.II 400 ~ o ERCOT no·reg baseline EDF·Te)(as current trends Ib IMWh Flexibility is Our Friend ./ Texas may develop a compliance plan consistent with ERGOT's competitive market structure . ./ Texas may harness its abundant natural gas, wind, solar, and energy efficiency potential to export power and/or sell carbon allowances or emission reduction credits (ERG) to states with a more difficult time complying with the GPP. • Texas can sell carbon allowances or ERGs to other states even if it does not form a joint target with another state. 5 Packet Pg. 17 14 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 Compliance and Beyond 2030 targ l 1600 ~====================~--.~~====================~ 2012 rex.. CPP baseline: 1,500 Iba/MWh 2030 rexaa CPP baaellne: 1200 1,042 Iba/MWh • 800 § = E 1,100 IbeIMWh 1ft to CPP geNII 1/ :I )( 400 ~ o ~---------------EDF-Texas currenl trends 2029 CPP com liance scenario 2029 Maximizing Benefits by Going Beyond Compliance Table 3 - CPP Compliance and Beyond Compliance --------------~ Implementation of Volt/VAR Optimization (WO) Measures Yes Increase Demand Response (DR) Capacity from Current 2,500 MW Level to 6,350 MW Yes 6 Packet Pg. 18 15 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Clean Power Plan Benefits: Water 1,400,000 . - - - - - - - - - - - - - - - - - - - - - - , 2010 weter dem."d TWDB water demand projections EReOT no-reg BAU +current rtliabiity margin EDF·Taxes current trends + current reliability margin EDF beyond compbance + current reliability margin Clean Power Plan Benefits: Economy and Health ./ Economy benefits in the form of job and revenue growth • The Political Economy Research Institute and the Center for American Progress found the solar industry creates nearly twice as many jobs as coal and three times as many as natural gas . ./ Health benefits from cleaner air • A study evaluating a carbon reduction strategy similar to the CPP shows the plan would save approximately 2300 lives and prevent 790 hospitalizations and 140 heart attacks in Texas alone between 2020 and 2030. 7 Packet Pg. 19 16 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 Clean Power Plan Compliance Recommendations 1) Develop a state plan rather than allow a federal plan. 2) Use the plan to grow the state's economy. 3) Use market-based approaches. 4) Maximize clean energy resources. 5) Fully implement Texas PACE finance programs. 6) Develop a state plan with mid-course review option. 7) Adjust future state water plans to reflect a less water-intensive power sector. Additional Standards Affecting the Power Sector • Mercury and Air Toxic Standards • The Cross-State Air Pollution Rule • Regional Haze Program • New health-based ozone standards BOTTOM LINE: Texas should implement a cost-effective, multi-pollutant Clean Power Plan compliance strategy which would enable the state to comply with other environmental regulations more easily. 8 Packet Pg. 20 17 APPENDICES: DELVING DEEPER Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 6.B.1.a 4.A 12/16/2015 9 Packet Pg. 21 18 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 1) Benefits of CPP Compliance Impact of CPP and Texas' Trends Toward Clean Power on Electricity-Related Water Consumption v' 2030 annual avoided water consumption of 456,000 acre-feet, relative to the TWDS projected 2030 level, under ERCOT's "Current Trends" scenario, which assumes no CSAPR, Regional Haze, or Clean Power Plan regulations. Projected water demand for electricity m1l8 v. [ Reo l 8~U ,,-Wf -___ I TWD5 _OInwId ..... . BICOT m~ BNJ ..... ..... t c:;rr l'!"ll EDf·.... MMl'tndl t ...... ' EJf blyorld ~ t v' 2030 annual avoided water ",.arJos '...... f ,.... iI "," I ..." 1 .",.. usage will reach upwards of 500,000 acre-feet under a CPP compliance scenario. 10 Packet Pg. 22 19 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Impact of CPP and Texas' Trends Toward Clean Power on Electricity-Related Water Consumption BOTTOM LINE: Increased utilization of clean energy resources consistent with the goals of the CPP may eliminate the annual need for 1.1 million additional acre-feet of water the TWB has projected for the power sector for 2060. This amount of water is equivalent to Lake Travis at full capacity, or almost ten-times the amount of water in Lake Houston. Health Benefits of CPP Compliance By lessening air pollution , the Clean Power Plan will save lives, make Texans healthier, and lower associated health costs . ./ A study evaluating a carbon reduction strategy similar to the CPP shows the plan would save approximately 2300 lives and prevent 790 hospitalizations and 140 heart attacks in Texas alone between 2020 and 2030. Power sources that emit more carbon generally emit more of other pollutants as well. So reducing the power sector's carbon pollution has the added benefit of reducing other harmful pollutants at the same time . 11 Packet Pg. 23 20 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Economic Benefits of CPP Compliance INCREASED JOBS: v' The solar Industry creates nearly twice as many jobs as coal and three times as many as natural gas. In 2014, the Solar Foundation found there are more solar jobs in Texas than there are ranchers, and Texas was listed as one of the top 10 states for solar jobs. v' Texas leads the country with over 17,000 wind industry jobs. In addition , for every 100,000 houses that are retrofitted to use less energy, 10,000 local jobs are created. INCREASED REVENUES : v' Texas may harness its abundant natural gas, wind, solar, and energy efficiency potential to export power and/or sell carbon allowances or ERCs to states with a more difficult time complying with the CPP. • Texas can sell carbon allowances or ERCs to other states even if it does not form a joint target with another state. v' The more the state steps up its energy efficiency efforts, the more low-income communities benefit from lower prices. v' The CPP is expected to increase the utilization of natural gas on a national basis, so states such as Texas with Significant natural gas reserves stand to benefit. AUSTIN'S EXPERIENCE: v' $2.5 billion In added GOP and 20,000 added jobs due to its cleantech sector, which is expected to grow at 11 percent annually by 2020, almost twice the national growth rate. Benefits to Texas of Exceeding CPP Compliance Texas has the resources to exceed CPP compliance in a comfortable manner. ./ ERCOT projects Texas wind power will reach 23.4 GW in 2017. According to SNL Financial, wind capacity in Texas in 2020 should exceed 30 GW, about double 2015 capacity. ./ According to Bloomberg New Energy Finance, U.S. wind and solar capacity will grow 32 percent and 271 percent from 2020 to 2030, respectively. As the state that has the most potential for both of these resources, Texas should comprise a significant proportion of this growth. 12 Packet Pg. 24 21 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Benefits to Texas of Exceeding CPP Compliance Texas could benefit economically from exceeding its CPP target as follows: ../ Increase revenues stemming from : (1) sales of carbon allowances or ERCs to EGUs in other states, or (2) the export of clean power to other states. • Note: Texas can sell carbon allowances or ERCs to other states even if it does not form a joint target with another state . ../ The mo·re the state steps up its energy efficiency efforts, the more low-income communities benefit from lower prices. 2) Scenarios Used for This Analysis 13 Packet Pg. 25 22 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 ERCOT Baseline - Assuming No ENV Regulations Table 1 -ERCOT's 2012 Generation Mix vs. BAU Generation Mix Forecasts for 2020 and 2029 ERCOT2012 ERCOTNoReB Baseline 2020 EDF - Texas Current Trends 2020 ERCOTNoReB Baseline 2029 EDF - Texas Current Trends 2029 Natural Gas (%) 45 44 51 4S 51 Coal (%) 34 32 21 29 19 Renewables (%) 9 12 17 17 21 Nuclear (%) 12 10 10 9 9 Energy Efficiency Savings (% of Load) NA 1 1 1 1.4 The "ERCOT No-Reg Baseline" scenario (highlighted in orange in Table 1) uses 2020 and 2029 generation mix assumptions from ERCOT's "Current Trends" scenario from its December 2014 report entitled Impacts of Environmental Regulations in the ERGOT Region. EDF Current Trends Scenario Table 1 -ERCOT's 2012 Generation Mix vs. BAU Generation Mix Forecasts for 2020 and 2029 ERCOT 2012 ERCOT No-Reg Baseline 2020 Natural Gas (%) 45 44 Coal (%) 34 32 Renewables (%) 9 12 Nuclear (%) 12 10 Energy Efficiency Savings (% of Load) NA The "EDF Current Trends" scenario (highlighted in green in Table 1 ) adjusts the "ERCOT No-Reg Baseline" scenario based on forecasts ERCOT has made over the past year for projected renewables and natural gas generation mix percentages, as well as current energy efficiency activities occurring in ERGOT. 14 Packet Pg. 26 23 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Progress to CPP Compliance Under Current Trends Table 2 - Progress to CPP Compliance Under Current Trends ERCOT No-Reg Baseline 2029 2022 Emissions Intensity, Assuming Linear Progress from 2020 to 2029 (lbs/MWh) 1,419 2030 Emissions Intensity (lbs/MWh) 1,315 47 % to Achieving EPA's 2030 Emissions Target, 1,042 Ibs/MWh 2022-2029 Emissions Intensity, Assuming Linear Progress from 2020 to 2029 1,374 % to Achieving CPP 2022-2029 Interim Target, 1,188 51 Ibs/MWh, Assuming Linear Progress from 2020 to 2029 EDF Current Trends CPP Compliance Analysis - 2022-2029 1600 2012 Texas CPP baseline: 1.seD Ibs/ MWh . z ~ ~ ! 1200 - --------------------------- ------ 2022-2029 Texes CPP target: 1,188 Ibe/MWh ~ c • ~., g BOO 1.1U lba,lMWh 107% to CPP geNII -= E • = . 400 ~ o ERCOT no- reg baseline EDF-Texas current t rends IWIt 15 Packet Pg. 27 24 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 CPP Compliance Scenario Table 3 - CPP Compliance and Beyond Compliance f----------..,...., --------i Implementation of Volt/VAR Optimization (WO) Measures Yes Increase Demand Response (DR) Capacity from Current 2,500 MW Level to 6,350 MW Yes The "CPP Compliance" scenario (highlighted in blue in Table 3) is an example of a track Texas might take to comfortably achieve CPP compliance, especially if the state takes steps to increase energy efficiency outcomes. 3) Market Trends 16 Packet Pg. 28 25 . 6.B.1.a 4.A 12/16/2015 Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the , Texas generation mix since deregulation: trending cleaner 9% ,--------------------------------, 8% 7% .._...................................... _..............................................._. 6% .................... ~ 5% .................... ~ i 3% .._......._......................_............................. _......................_......................_... Coe137% • Natural gas 51 % • Nucloar9% Coal 35% • Natural gal 47% • Nuclear 9% 1% ....._ _ _- • Sclar PV/lhermal 0% • Wind 1% . 00her2% O% ~------------------------------~ 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 • Solar PV/lharmal 0% • Wind 8% • Other 1% ./ From 2002 , the year Texas' competitive retail market was implemented , to 2013, fossil fuels' (coal and gas) proportion of the state's electricity generation mix shrunk from 88 percent to 82 percent. ./ Meanwhile , wind's share grew from 1 percent to 8 percent. ./ While the percentage of natural gas generation generally has remained steady in the range of 45 percent to 51 percent during the 1990-2013 period , the percentage of coal generation declined from almost 45 percent to 35 percent over the same period . Texas Electricity Price Trends E Re OT 2 0 0 5- 2 01 4 $90 ,----------------------------------------------------------------, $80 $70 $60 ~ ~ $50 $40 $30 $20 $10 - Rees.l·time market price6 Unear (real-time market prices) $0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 :)ol1rce: Poto m rtc Economics ./ Natural gas prices were nearly halved during 2008-2014 . ./ T his price reduction has led to reduced wholesale electric prices in ERCOT and enabled generation to compete more effectively against coal generation. 17 Packet Pg. 29 26 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 RE Price Trends - Recent Past Wind and solar price curves 2009-2014 $250 $200 $1119 z; ~ 0 U ' ~"rPe •••• 'c." $100 S101 $92 $50 $50 $0 , $95 LCOE S48 $394 SOLAR PV LCOE ". " ~e -. it,. ...... $350 S95 -- $98 - ... $400 -" •••••• las. C1ec: • t.:~ ............ III .J • $148 $150 ii '.'.'. $450 WIND LCOE . z; ~ ii III 0 S81 ............ $45 LCOEronge $300 ~ ~~ $32\ 70 .••••••,'.>"t $200 18& U .J ....•.~~ ' $250 $1~ "'-!,104 $150 $100 $37 ••••• $149 $101 •••• $8& S9~ $72 $50 - LCOE LCOErange $0 2009 2010 2011 2012 2013 2014 2010 2009 SoUra>' II"p.:II.I\,\\ ".3 orgl'iI""lder,ulllfil",l ...ou"""I",,'li"'I'Io2IJ{''''''Io20''~20FJ'''g)'\2(I.'\201' 2011 2012 2013 2014 lon~8, O pdri'~~rl,).,onI(>XI:"""""'"._"n' I "".aro"b"lIzcd-cOSl·<nergy·anal),ls·viIO Fossil Fuel vs. RE Price Trends - Future U.s. LCOE forecast* 201 5-2040 $120 ~o r-----------------------------------------------------------~ - Utility PV (21 % capacity factor) - Coal Natu ral gas (CCGT) - Onshore w ind (45% capacity factor) L-__________________________________________________________ 2015 Sourcl;': Oloombcr(( 2020 I\e\", 2025 l:ner"8)1 fln.Ull . "lOJ5 l\c\\ Encfg) Out look 2000 2035 ~ 2040 America" June 2015. 'I.cOllls nn acron rn rnr .. Ii~\'CIl1.cd co 101 cnf'rg)-" IlerC'. II Is x-prcs....ed In 2015 nominal doUnTli rnol ~ dIU'iIPd for Inflation). Recent prices in Texas: Austin Energy is reported to have recently received offers for solar power purchase agreement (PPA) at 4 cents/KWh . less than half the 10 cents/KWh BNEF estimates as the average in the United States, 18 Packet Pg. 30 27 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 New Technologies Will Facilitate CPP Compliance LITHIUM-ION EV BATTERY EXPERIENCE CURVE COMPARED WITH SOLAR PV EXPERIENCE CURVE Bloomberg "'w ••• ~ .. ~ . . .. Li-ion EV battery p.ock 100 1.000 10.000 100.000 1.000.000 10.000.000 Cumulative pmduction (MW. MWh) Michael Llobl'"OlCh , New York 1. April 2015 (fI)MllObrolc.h IJBNEFSurnrnii 13 Storage is the most promising opportunity: ,/ The market for storage for the purposes of integrating solar and wind resources is estimated to grow 10,000 percent from about $30 million to approximately $3 billion over the coming decade. ,/ Similar to solar PV costs, BNEF has documented the cost "experience curves" of Li-Ion technologies to demonstrate the rapid decline in cost of this battery technology. Other battery and storage technologies are experiencing similar rapid declines in cost. 4) Clean Energy Measures Beyond Generation 19 Packet Pg. 31 28 6.B.1.a 4.A Attachment: Well Within Reach How Minutes Texas Acceptance: Can Comply Minutes with and of Dec Benefit 17, from 2015 the 9:00Clean AM (Minutes Power Plan Approval) 2015-12-17 (3328 : Presentation on the 12/16/2015 Energy Efficiency 2013 EE Rate in ERCOT: 0.21 percent. .,/ This rate is far lower than Itron's 2008 assessment that 6.8 percent energy savings were feasible over ten years, or ACEEE's 2007 conclusion that 11 percent was achievable over fifteen years . .,/ Austin Energy and CPS Energy of San Antonio, the state's two largest municipaliy owned utilities within ERCOT, have already demonstrated how energy efficiency programs lead to cost savings and may be implemented cost-effectively in Texas, serving as a model for other parts of the state. • Energy Efficiency Texas-specific studies may understate actual EE savings potential. .,/ McKinsey (2009): 23 percent EE possible by 2020 relying on measures that pay for themselves in a relatively short period of time . .,/ National Academy of Sciences (2010): 25-30 percent savings feasible for the building sector by 2030-35 at a cost of 2.7 cents per KWh, and 14-22 percent in the industrial sector by 2020. 20 Packet Pg. 32 29 6.B.1.a 4.A Minutes Acceptance: Minutes of Dec 17, from 2015 the 9:00Clean AM (Minutes Approval) Attachment: Well Within Reach How Texas Can Comply with and Benefit Power Plan 2015-12-17 (3328 : Presentation on the 12/16/2015 Demand Response ERCOT DR Capacity: ./ 2,500 GW, or about 4 percent of peak demand. An additional 1 ,400 MW of demand response that is active in ERCOT but not subject to its deployment. ./ Potential DR capacity ifTexas implements DR programs CPS Energy has implemented: 6,350 MW, or 9 percent of peak demand (Brattle, 2014). DR Grid Impact: ./ ACEEE estimates that a 13.5 percent peak load reduction in Texas is achievable from DR. FERC's national estimate is 15 to 21 percent. ./ In 2011 , demand response prevented potential blackouts within ERCOT due to hot weather, and again during the 2014 polar vortex due to power plant malfunctions. DR Emissions Impact: ./ Up to 2 percent emissions savings (Navigant, 2014): • 1 percent from peak load reductions. • 1 percent from renewables integration. VoltNAR WHY VOLTNAR? ./ Due to new technologies and their declining costs, it is now possible for electricity to reach the desired destination at appropriate voltage levels using less energy. WHAT'S THE RELEVANCE TO THE CLEAN POWER PLAN? ./ American Electric Power, which operates in Texas and other states, has a VolWAR demonstration project in Ohio. The results of that study showed energy savings of 2-3 percent with associated reductions in carbon emissions, with net savings in cost. WHAT HAS VOLTNAR EXPERIENCE BEEN IN TEXAS? ./ While ERCOT has used voltage reduction as a tool to respond to system emergencies, in a recent Task Force report, it was recognized that the deployment of smart meters and other technology allows the opportunity for additional voltage control. 21 Packet Pg. 33 30 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Clean Power Plan PEC Board Meeting December 17,, 2015 John D. D Hewa Chief Executive Officer Ingmar Sterzing VP, Power Supply & Energy Services Don Ballard VP,, Legal g Services PECHISTORY • Cooperative Established in 1938 with help from then-congressman Lyndon B. Johnson • In 1938, REA granted PEC a loan to build nearly 1,800 miles of line to serve 3,000 Families and Rural Ranches • For about 32 years PEC C was Exclusively Served Emission Free Energy • Today Serving Some of the Fastest Growing Counties in the US • y 250+ Subdivisions Underway • Heavy Commercial Growth • Rapidly Evolving Expectations Packet Pg. 34 31 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A PECBYTHENUMBERS 274,329 Active Accounts 695 Employees 8,100 Square Miles 24 Counties 44 Franchise Cities $165 Million 2016 CIP Budget 10,000 Meters E t 2015 G Est. Growth th $606,859,238 Revenue in 2015 5,343,266,603 kWh Sold in 2015 Core BusinessFocus Service Reliability S f Safety&Security &S i Rates Rates & EnergyFuture Costof Cost of Service Packet Pg. 35 32 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Balancing StrategicOutcomes Programs Underway EnergyInspections EnergyEfficiencyIncentives HighEfficiencyHVAC EfficientCommercialLighting StreamlinedInterconnections andProConsumerRates SolarOnBillFinancing MemberandCommunitySolar Grid Optimization GridOptimization DemandSideManagement ExpandedEnergyInformation and Alerts andAlerts Packet Pg. 36 33 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A INNOVATIVESERVICES PHASEI 9Mobilememberportal 9Newwebportal 9SecurepaymentIVR 9More flexible billing 9Moreflexiblebilling 9Dynamicnotifications 9EnhancedSecurity InProgress • Online,realtimeoutagemap • Prepaycompatible • Kiosksites ENERGYSERVICES SERVICES Newenergyassessmenttoolprovidesmemberswithdirectwaysto evaluateandimprovethewaytheyuseenergy Packet Pg. 37 34 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A PECWholesaleRenewableEnergy • TotalRenewable– 10%(energy) • Wind– Wi d 6%(energy) 6% ( ) • LCRAHydroProduction Renewable&Distributed Energy Shaping member options without subsidy through community solar and on-bill financing for individual members to make solar options more cost effective 9 On-Bill Financing 9 Community Solar 9 Commercial Member Solar 9 Developing Advanced Rate Designs Packet Pg. 38 35 MEMBERSOLARBYTHENUMBERS • • • • Approx.900Interconnections Approx 900 Interconnections Typicalsizeresidential: 7kW Avg cost per watt: $2 85 Avg.costperwatt:$2.85 Levelized costofelectricity estimated $0 12 for 7 kW system estimated$0.12for7kWsystem over25years 5th AnnualPECHillCountrySolarTour InstallerFair/Exhibits • • • • • 370Attendees 370 Attendees LocalInstallers PECEnergyAdvisors Solar Car Workshop SolarCarWorkshop TexasSolarEnergySociety Home E hibits HomeExhibits • FourHomeSites • Homeowner,solarinstallerandPEC Staffateachlocation • 263membervisitstohomes Packet Pg. 39 36 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A ONBILLFINANCING FORMEMBERPROJECTS • LoanAmountupto$20,000 • Termoftheloanupto10years • OfferedtoPECResidential&Commercial Off d PEC R id i l & C i l • CompetitiveInterestRates • ConvenientlyPresentedontheMember’sBill BeginninginJanuary2016 COMMUNITY SOLAR • Only2227%ofRooftopsareSuitable • OpportunityforMembersto participateinarenewableprogram • PECAdvancestheDeployment • MembersreceiveBenefitsofScale CommunitySolarleveragesCo Community Solar leverages Coop op ScaletoProvideLowCostSolar BenefitstoMembersWithoutSubsidy for Consumers who Cannot or Choose forConsumerswhoCannotorChoose nottoHostSolarontheirProperty Packet Pg. 40 37 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Energy inFocus • • • • • NonProfit NotAboutMWHSales OptimizeValueofOwnerAssets EnergyFlowsinManyWays PECasanEnabler Energy SolutionsEnabler MemberOwned Renewables Storage EnergyEfficiency Conservation DemandManagement AdvancedRates/TOU T&DAssets Equitable Tariffs EquitableTariffs Knowledge&Information Service Support EnergyInspections OnBillFinancing Member&Communityy Solar ERCOT LCRA & Others LCRA&Others Coal NaturalGas Nuclear UtilityWind UtilitySolar P Partnership hi Packet Pg. 41 38 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A EPA CleanPower Plan (CPP) Plan(CPP) • WhatistheFederallyMandatedCPP? y • Reducescarbonemissionsfromfossilfuelfired electricgeneration. • Requiresreductionsof32%below2005levelsin R i d ti f 32% b l 2005 l l i 2030. • Statesareresponsibleforimplementationwith States are responsible for implementation with StatePlansduetotheEPAbySeptember2016. • Texas’s2030goalis1,042lb CO2/MWh. WhyisThis Significant to toPEC PEC • Reliability,Rates, WholesaleContracting, andRenewableEnergy Partnerships • FuelDiversity • LongtermPlanning • EconomicDevelopment Packet Pg. 42 39 BACKGROUND ERCOTOVERVIEW • • • • • • Consumers:24Million PeakDemand:Nearly70GW G GenerationCapacity:74,000MWfrom550generatingunits i C i 74 000 MW f 550 i i MarketParticipants:1,100+thatgenerate,move,buy,selloruse Advancedmeters:6.6Millionwith97percentofERCOTloadincompetitive areassettledona15minuteintervalbasis Morethan2,100MWindemandresponseresources ERCOTservesthepublicbyensuringareliablegrid,efficientelectricitymarkets, openaccessandretailchoice. ENERGY FREQUENCYREGULATION EMERGENCYRESPONSE BACKGROUND – 2014ENERGYMIX UNITEDSTATES Hydro, Other 10% Energy(MWh) ( ) ERCOT Wind 11% LCRA Hydro, Other 1% Energy(MWh) Wind 4% Energy(MWh) Hydro, Other 1% Wind 5% Natural Gas 27% Coal 39% Coal 36% Naturall Gas 47% Natural Gas 41% Nuclear 19% Nuclear 11% Coal 48% Nuclear 0% Packet Pg. 43 40 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A WhatourOwners Need to Know NeedtoKnow • • • • • Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A LCRA Maintainingandactivepowersupply g pp g managementapproachcanmitigatethe impactoftheCPPonPECrates LCRA’sdiversepowersupplyincludes 1,275MWofcoalgenerationand595MW g g ofnaturalgasgenerationthatare potentiallyimpactedbytheCPP ERCOTestimatesthattheenergycostto serveloadcouldincrease44%compared y tothebaselineby2030 BasedonsimilarassumptionsandPEC’s recentlyIntegratedResourcePlan(IRP), PEC’spowersupplycostcouldincrease p y 27%comparedtothebaselineby2030 PEC’sestimatedpowersupplycostin2030 withoutCPP$450MMandwithCPP$570 MM WhatareweReally WhatareweReally Talking About . . . The Controversy? TalkingAbout...TheControversy? Packet Pg. 44 41 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Massive FuelSwitch • In In14Years 14 Years • MeetnewLoadGrowth.....Plus • ReplacethousandsofMWofcapacitywithnatural Replace thousands of MW of capacity with natural gas....andrenewables What aretheUncertainties? • • • • • • • • EnvironmentalOutcomes CostsandImpacts FuelDiversity FuelandPipelineDependencies NaturalGasStorage ElectricTransmissionInfrastructure ElectricDistributionInfrastructure Technology Packet Pg. 45 42 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A What Opportunities? • • • • • • • EfficientPowerPlants Efficient Power Plants DistributedEnergyResources Renewables EnergyEfficiency Advanced Technologies AdvancedTechnologies TXNaturalGas Reduce Mercury Sulphur CO2 ReduceMercury,Sulphur,CO2 Risks? Federal Energy ? Policy • • • • • “Uncoordinated”FuelSwitch “U di t d” F l S it h RegulatoryBodies Uncertainty Federal Energy Policy FederalEnergyPolicy U.S.CongressVotedAgainstCPP National Security? NationalSecurity? Strategy? Packet Pg. 46 43 Whatdo ReliabilityExpertssayAboutCPP? • NERC NERCStudy: Study: “The TheimplementationoftheCPPcouldleadtoresourceadequacyand implementation of the CPP could lead to resource adequacy and electricinfrastructureconstraintsandwillhavesignificantimpactsonplanningand operationofERCOT” • FERCStudy: FERC Study: “EPA EPAfinalruleshouldprovideenoughtimeandflexibilityforaffected final rule should provide enough time and flexibility for affected entitiestotaketheactionsthattheymusttaketoensuresystemreliability.These actionscouldincludetheconstructionofgasorelectricinfrastructuretosupportthe addition of new capacity ” additionofnewcapacity.” • ERCOTStudy: “Atleast4,000MWofcoalunitretirementsduespecificallytotheClean PowerPlan.AdditionalcoalunitretirementswhenRegionalHazeisconsidered,likely to occur before the Clean Power Plan compliance timelines Up to 23 000 MW of solar tooccurbeforetheCleanPowerPlancompliancetimelines.Upto23,000MWofsolar andwindadditionsinscenarioswiththeCleanPowerPlan,resultinginalmost44,000 MWtotalintermittentrenewablecapacity.” • “IfERCOTdoesnotreceiveadequatenotificationoftheretirementsandifmultiple “If ERCOT d t i d t tifi ti f th ti t d if lti l unitretirementsoccurwithinashorttimeframetherecouldbeperiodsofreduced systemwideresourceadequacyandlocalizedreliabilityissues.” Whatdo WhatdoEconomicExperts EconomicExperts say About CPP? sayAboutCPP? • ERCOT: CPPcouldseeincreaseinresidentialretailelectricityratesup to818%by2030 • Brattle: ForERCOT,onaverage,energypriceswouldincreasebetween $10 $45/MWh $10$45/MWh • NERAEconomicConsulting: Deliveredelectricitypriceswouldincrease byabout1217%onaverageover2017through2031(nationally) • AnalysisGroup: A l i G I ImpactsonelectricityratesfromwelldesignedCO l i i f ll d i d CO2 pollutioncontrolprogramswillbemodestinthenearterm,andcanbe p y g y accompaniedbylongtermbenefitsintheformoflowerelectricitybills andpositiveeconomicvaluetostateandregionaleconomies. Packet Pg. 47 44 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Whatdo WhatdoEnvironmental Environmental Experts say About CPP? ExpertssayAboutCPP? • EPA: CPPimplementedwillreduceCO2 pollutionby32%,sulphur oxideby 90% nitrogen oxides by 72% below 2005 levels lead to a transition to clean 90%,nitrogenoxidesby72%below2005levels,leadtoatransitiontoclean energyandhaveclimatebenefitsof$20B,healthbenefitsof$14$34Band netbenefitsof$26$45B. • EnvironmentalDefenseFund: E i t lD f F d CurrenttrendsinTXwillfulfillthe20222029 C t t d i TX ill f lfill th 2022 2029 interimCPPgoalsandcarryTX88%ofthewaytoachievingthe2030goal. • SierraClub: TheCPPdoesn’tsolvetheproblemofclimatedisruptionbyitself, butitgivesusaframeworktomakesignificantprogressinthestates. • NationalDefenseResourcesCouncil: BenefitsofreducingCO2 andthe traditionalpollutantsarebothsubstantial,addingupto$28billionto$63 billionacrossthecasesin2020,yieldingnetbenefitsrangingfrom$21billion to$53billion StatusofCPP Statusof CPP • Regulatory • FinalRuleAnnounced:August3,2015 • FinalRulePublished:October23,2015 Rules Effective: December 22 2015 • RulesEffective:December22,2015 • StatePlandue:September6,2016 • Legislative • “Ratepayer RatepayerProtectionActof2015 Protection Act of 2015” U.S.HousevotestodelayCPPandallowstatesto“optout”ifstatecertifies “significantadverseimpactonelectricityratepayersorreliabilityofstate y ] electricsystem.”H.R.2042] • U.S.Senatevotesto“disapprove”andnullifyCPP[S.J.Res.24] • Litigation • 24StatesfiledchallengetoCPP • NRECAfiledchallengewith37G&TCoops • 80industryortradeassociationspetitioners Packet Pg. 48 45 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A OpportunityforEngagement Opportunityfor Engagement • PEC’sRole • NRECAtakingaleadershiproleinopposition. • Legalchallenge L l h ll • NRECAlitigationcounselnamedasliaisontoCourt TEC leadership • TECleadership. • Communication,Education,Testimony • LCRA • Testimony,Communication,Analysis • PECEngagement • AmicusCuriaeandLitigation A i C i d Liti ti • NoDirectCoststoPEC ARegulatoryMandateWithout aPlan.... Pl Packet Pg. 49 46 Attachment: 6C - CPP for Dec 2015 Minutes BOD-FINAL2 Acceptance: 2perpg Minutes (3327of : Discussion Dec 17, 2015 and 9:00 Presentation AM (Minutes of PEC Approval) Impacts of Federal Clean Power Plan) 6.C.1.a 4.A Packet Pg. 50 47 6.C.2 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-99 DOC ID: 3279 Subject: Authority to File Amicus Curiae Brief Submitted By: Ingmar Sterzing Background: Under the Cooperative’s Authority and Responsibilities Policy (a.k.a “Delegation of Authority”), the Board authorizes the initiation or setting of strategic direction of litigation and governmental advocacy. The Board also approves Legislative Positions before Congress or the Legislature under its Legislative Policy. It is the policy of the Board of Directors of Pedernales Electric Cooperative to develop electric rates that allow the Cooperative to provide low-cost energy services that are reliable, cost based, considerate of the environment and maintain the Cooperative’s financial strength. (PEC Rate Policy). On October 23, 2015, the Environmental Protection Agency (EPA) published its final rule on new source performance standards ("NSPS") under the Clean Air Act ("CAA") section 111(b) that establishes standards for emissions of carbon dioxide (CO2) for newly constructed, modified, and reconstructed affected fossil fuel-fired electric utility generating units ("EGUs"). 40 C.F.R Parts 60, 70, 71, and 98. The rules establish separate standards of performance for fossil fuel-fired electric utility steam generating units and fossil fuel-fired stationary combustion turbines. The rules also establish emission guidelines for states to use in developing plans to limit CO2 emissions from existing fossil fuel-fired EGUs. The final rules are commonly referred as “The Clean Power Plan ("CPP").” The CPP creates a process for EPA to set a state CO2 emissions goal and the state to choose how they will meet it. The Electric Reliability Council of Texas ("ERCOT") model based on different scenarios indicates that compliance with CPP will impact electricity prices in the ERCOT region. By 2030 compliance with CPP results in a 2044% increase in locational marginal prices ("LMPs") relative to the baseline, which would result in an 8-18% increase in retail energy prices. There could also be increased challenges with maintaining reliability due to coal-fired units being retired and introduction of more intermittent renewable energy. Immediately after publication of the final rules, many parties filed suit challenging the rules by seeking review in the U.S. Court of Appeals, District of Columbia Circuit. The National Rural Electric Cooperative Association (NRECA) and the State of Texas are examples of litigants. The states’ case is West Virginia, et. al. v. United States Environmental Protection Agency, et. al.; Cause No. 15-1363 (D.C. Circuit) (filed October 23, 2015). It is expected that the Court of Appeals will consolidate all of the petitions challenging the rules. The PEC Board may now consider whether and how to participate in the challenge to the CPP. There are 2 primary arguments challenging the rules: the first based upon regulatory and rulemaking authority (“Structural Arguments”) that EPA is outside its statutory authority or failed to comply with the rulemaking requirements of its enabling statute or Administrative Procedure Act; the second involves constitutional challenges primarily surrounding 10th Amendment and a state’s “police power” (“Federalism Arguments”). PEC would seek assistance from the Center for the American Future associated with the Texas Public Policy Foundation and the Pacific Legal Foundation. The Center has committed to drafting and filing a pleading at no cost on behalf of PEC utilizing the Structural and Federalism Updated: 1/14/2016 11:56 AM by Renee Oelschleger Packet Pg. 51 48 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Power Supply & Energy Services 6.C.2 4.A Arguments. PEC would file an amicus curiae brief in support of the state and other entities challenging implementation of the new EPA rules. By filing an amicus brief. PEC would not be a party to the litigation; rather, a friend of the court” in providing supplemental arguments. The amicus brief may also involve a Motion for Leave to File with the Court under Rule 29 of the Federal Rules of Appellate Procedure which would also be handled by the Center’s counsel. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $0 included in the Cooperative's 2015 operating budget); expenditures of staff time estimated in amount of 0 hours (other than ordinary processing requirements). ATTACHMENTS: PEC Oversight of EPA's Clean Power Plan - Scanlon substitute resolution 2015-12-17 (PDF) Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Packet Pg. 52 49 6.C.2 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-99 Authority to File Amicus Curiae Brief RESULT: MOVER: SECONDER: AYES: NAYS: Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) BE IT RESOLVED BY THE BOARD, that the Board directs staff to produce an amicus brief for the limited purpose of educating the court and raising awareness of the real effects of this Clean Power Plan on Pedernales Electric Cooperative, its members and citizens alike. ADOPTED [4 TO 3] Emily Pataki, District 2 Director Amy Lea SJ Akers, District 7 Director Emily Pataki, Paul Graf, Amy Lea SJ Akers, James Oakley Cristi Clement, Kathryn Scanlon, Chris Perry Updated: 1/14/2016 11:56 AM by Renee Oelschleger Packet Pg. 53 50 Page 3 Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION (ID #####) PEC Oversight of EPA’s Clean Power Plan WHEREAS, Pedernales Electric Cooperative, Inc. (“PEC”) is a democratic organization controlled by its members, who actively participate in setting policies and making decisions; WHEREAS, The Clean Power Plan is implemented at the federal level with potentially inadequate rate protections for PEC members in regard to costs, impacts, and PEC’s portfolio resource management for power supply; NOW THEREFORE, BE IT RESOLVED BY THE BOARD, that Board directs the CEO to monitor, access and regularly report to the Board regarding the progress of the Clean Power Plan implementation presenting the impact and to any cost to Members whenever data is sufficiently reliable to be reported. Collaboration with LCRA and PEC’s power providers is encouraged in monitoring and reporting to the Board and Membership on the impacts. BE IT FURTHER RESOLVED, that the Chief Executive Officer, or his designee, is authorized to take all such actions as needed to implement this resolution. Updated: 12/15/2015 9:32 AM by Lana Freudenberg Packet Pg. 54 51 Page 3 Attachment: PEC Oversight of EPA's Minutes Clean Acceptance: Power Plan Minutes - Scanlon of Dec substitute 17, 2015 resolution 9:00 AM 2015-12-17 (Minutes Approval) (RES-2015-99 : Authority to File Amicus 6.C.2.a 4.A Director Kathy Scanlon's substitute motion which was later withdrawn. 8.A 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-108 DOC ID: 3329 Subject: Compliance and Qualifications Question of Director Chris Perry to Affirm Directors Code of Conduct Submitted By: Renee Oelschleger Department: Legal Services Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $0 included in the Cooperative's 2016 operating budget; expenditures of staff time estimated in amount of 0 hours (other than ordinary processing requirements). Updated: 1/12/2016 10:58 AM by Renee Oelschleger Packet Pg. 55 52 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Background: 8.A 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-108 BE IT RESOLVED BY THE BOARD, that the Board instructs Director Chris Perry that he has until the adjournment of the next scheduled meeting, January 11th to sign an unabridged unqualified version of the Code of Conduct as we all have had to do as sitting directors. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Emily Pataki, District 2 Director Kathryn Scanlon, District 3 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 1/12/2016 10:58 AM by Renee Oelschleger Packet Pg. 56 53 Page 2 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Compliance and Qualifications Question of Director Chris Perry to Affirm Directors Code of Conduct - Notice to Comply 8.B.1 4.A 2016 Election Timeline Annual Decision (Election Services Contract) Establish Annual Meeting Date and Location Section Party Due Date At or before the August Regular Board Meeting At or before the August Regular Board Meeting At least 6 months prior to Annual Meeting At or before the January Regular Board Meeting At least 5 months prior to Annual Meeting 11/13/2015 Upon approval of the Election Timeline 1/19/2016 None specified/continuing 1/19/2016 At least 5 months prior to Annual Meeting 1/19/2016 At least 5 months prior to Annual Meeting 1/19/2016 At least a week before the Regular Board meeting 4 months prior to an election 2/8/2016 Before the February Regular Board Meeting (timeline reflects Board packet deadline). 2/15/2016 6.2.1.6 BOD/QC At the Regular Board meeting 4 months before an election 2/15/2016 Candidate 6.2.1.4 Applicants/BRS At or before 5 p.m. on the last business day falling 82 days or more before the date of the Annual Meeting 3/28/2016 4.1 GC/BOD 3.1 BOD Present Election Timeline 3.2 GC Communications plan presented to the Board of Directors 7.3 Communications Department Approve Election Timeline 3.2 BOD GC/Communicatio ns/IT/Board Conduct Internal Coordination Recording Meeting and Establish PEC Election 3.3 Secretary/Legal/M Team ember Services/SBS Retain Background Verifier 6.2.1.7 GC Post and make available Ballot BRS/Communicati 6.2.1.1.1 ons/Member Materials and Nomination Application Services Direct the General Counsel to prepare proposed Non-Director 6.1 BOD Election items Director will submit to the Board Recording Secretary the name of a person or persons residing in the Director’s District eligible and willing to serve on the Qualifications and Elections Committee Send Quality Control steps to the General Counsel Board will appoint the Qualifications and Elections Committee Candidate Application to be delivered to the Board Recording Secretary at PEC Headquarters in Johnson City Qualifictions and Elections Committee Meeting Date 2015-2016 Deadline** 6.2.1.6 BOD/BRS 7.13 SBS/GC QEC/OGC/BRS Candidate 7.1, 7.6 Applicants/PEC staff Election withdrawal deadline for Candidate 7.2 removal from Ballot Applicants Presentation and approval of Qualifications and 6.2.1.9, Candidate slate, Ballot, and any NonElections 6.2.1.10 Director Election items Committee /GC Candidate Candidates video recording 7.5 Applicants/PEC staff Candidate Orientation and Candidate photographs 1 2/17/2015 8/18/2015 1/11/2016 1/19/2016 4/12/2016 The week preceding the April Regular Meeting of the Board 4/13/2016 Before Board approval of Ballot 4/18/2016 At least 2 months prior to an election 4/18/2016 On the Thursday after the Ballot is approved by the Board 4/21/2016 Packet Pg. 57 54 Attachment: 2016 Election Minutes Timeline Acceptance: FINAL wMinutes highlights of Dec (3326 17, :2015 Announcement 9:00 AM (Minutes of 2016Approval) Election Timeline - D Richards) Item 8.B.1 4.A Item Section Party Due Date 2015-2016 Deadline** Mailing of Ballots 7.4.1 SBS Delivered between 25 and 30 days before the Annual Meeting* 5/19/2016 Online voting site goes live 7.4.2 SBS 30 days before the Annual Meeting 5/19/2016 Initial voting email notifications 7.4.3 SBS 5/19/2016 Supplemental mailing of ballots to Members since previous mailing Between 25 and 30 days before the Annual Meeting 7.4.1 SBS/IT As specified in this timeline 5/26/2016 Update on voter turnout 7.12 GC Update on voter turnout 7.12 GC Supplemental mailing of ballots to Members since previous mailing 7.4.1 SBS/IT Reminder voting emails 7.4.3 SBS Update on Voter Turnout 7.12 GC Deadline for mailing or webcasting advance ballots 8.4 SBS Eight days before Annual Meeting 6/10/2016 Record Date for Casting Ballot at Annual Meeting, transmittal by PEC of Members eligible to vote to SBS 5.2 IT Close of business four business days before Annual Meeting 6/14/2016 Pre-Annual Meeting Quality Control 7.14 SBS Post-Tabulation, Pre-Announcement Quality Control 8.8 SBS Announcement and Certification 8.9 SBS Post-Election Director Acknowledgments 8.10 BOD District-by-District Results 9.1 SBS Post-Election Analysis 9.2 GC Once weekly after ballots are initially mailed Once weekly after Ballots are initially mailed As specified in this timeline Dates to be determined each year when timeline presented to the Board of Directors Once weekly after ballots are initially mailed At the close of the final business day before the Annual Meeting On the date of Annual Meeting after the results are tabulated On the date of Annual Meeting after the results are tabulated On the date of Annual Meeting after the meeting has concluded Within five business days of the Annual Meeting Within two months after the Annual Meeting 5/26/2016 6/2/2016 6/2/2016 5/26/2016 6/2/2016 6/9/2016 6/17/2016 6/18/2016 6/18/2016 6/18/2016 6/24/2016 8/18/16 *Ballots are mailed for intended delivery to Members on the first day of voting period. It is anticipated that U.S. addresses will be mailed 3 days in advance and international addresses 10-15 days in advance of the first day of voting. **Dates listed here are subject to change due to aligning dates of the Board of Directors Meetings 2 Packet Pg. 58 55 Attachment: 2016 Election Minutes Timeline Acceptance: FINAL wMinutes highlights of Dec (3326 17, :2015 Announcement 9:00 AM (Minutes of 2016Approval) Election Timeline - D Richards) 2016 Election Timeline 9.A 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-107 DOC ID: 3298 Subject: 2016 NRECA/NRTC/CFC Annual Meetings Voting Delegates Submitted By: Renee Oelschleger Department: Legal Services The NRECA Annual Meeting will be held in New Orleans from February 14-17, 2016. NRECA requires voting delegates to cast votes in person at the business meeting on Tuesday, February 16, 2016. NRTC Annual Meeting will be held Sunday, February 14 from 2:30 - 4:00 pm. CFC Annual Meeting will be held Monday, February 15 from 2:30 - 4:00 pm. CFC Bylaws permits members to cast ballot by mail. HISTORY: 12/07/15 Board of Directors RECOMMENDED Next: 12/17/15 Financial Impact and Cost/Benefit Considerations: $0 financial impact; costs for attendance at meeting by directors; no expenditures of staff time other than ordinary processing requirements. ATTACHMENTS: Signed Voting Delegate Form 2015-12-17 (PDF) Updated: 1/10/2016 7:54 PM by Renee Oelschleger Packet Pg. 59 56 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Background: The Board may consider designation of voting delegates and alternates to upcoming NRECA, NRTC, and CFC annual meetings. 9.A 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-107 BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the following Directors are hereby appointed and designated as authorized representatives of the Cooperative to serve as a voting delegate and an alternate delegate to act at meetings of the 2016 National Rural Electric Cooperative Association (NRECA) Annual and Regional Meetings until successors are duly appointed and designated: Kathy Scanlon, Voting Delegate; and James Oakley, Alternate Delegate. BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the following Directors are hereby appointed and designated as authorized representatives of the Cooperative to act at the 2016 National Rural Telecommunications Cooperative (NRTC) Annual Meeting until successors are duly appointed and designated: Kathy Scanlon, Voting Delegate; and James Oakley, Alternate Delegate; and BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the following Director is hereby appointed and designated as an authorized representative of the Cooperative to serve as the voting delegates of the Cooperative and to cast the vote of the Cooperative for matters pertaining to the 2016 District 10 Meeting of the National Rural Utilities Cooperative Finance Corporation (CFC): Kathy Scanlon, Official Voting Delegate; and James Oakley, Alternate Delegate; and BE IT FURTHER RESOLVED that the Chief Executive Officer or his designee is authorized to take such actions necessary to implement this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Emily Pataki, District 2 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 1/10/2016 7:54 PM by Renee Oelschleger Packet Pg. 60 57 Page 2 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 2016 NRECA/NRTC/CFC Annual Meetings Voting Delegates 9.A.a 4.A Regional Meeting Voting Delegate Certification And Credentiaiing Process National Rural Electric Cooperative Association • I» - "T~&.c:rn·Qqoaatl", 4.... Please fill out the form below. Indicate who will be your Voting Delegate for 2016 and an Alternate in case the Delegate is unable to attend the Business Meeting. You will have an opportunity to select a new delegate for the 2016 Regional Meetings. Please return this form to NRECA using the following email address: VotingDelegates@nreca,coop or this fax number: (703) 907·5512. State: Texas To: John O. Hewa Pedemales Electric Co-op, Inc. PO Box 1 Johnson City, TX 78636·0001 NRECA VOTING DELEGATE CERTIFICATION NRECA Bylaws Arttde V, SectIon 2(B) and 2{C) provide that "...each voting member shall be entftled to select, either by vote of Its membership or Its board of directors, one of Its members, directors, or employees to act as the IIOting delegate, and one such person to act as the altemate delegate, at the meellng...each IIOtlng delegate must submit a certification signed by the director who Is president of the member or is chair of the member's board of directors, and by the director who Is secretary of the member, stating that such delegate Is duly authorized to cast the vot~ of the member.H Please Indicate below who Will be your delegate at the 2016 NRECA Annual Meeting. Only those delegates who have been properly documented as authorized by their cooperatives shall be aedentialed to act during the NRECA Annual and Regional Meeting Business 5esston. 11115 form must be dated, signed by the board President and board Seaetary (board of dlrectorsf trustees), and returned to NRECA by JanuarY 11. 2016. You wlll have an opportunity to select new delegates for the 2016 Regional Meetings. The followln, are hereby certified as official voting d elegate and altemate and are dulVautho rized t o cast tlte vote of this member. 2016 Voting Delegate Name Kathy Scanlon ntle Director 2018 Alternate Delegate Name James Oakley nile Board President (n<·-·zti12'7~~;-1 Signed Board PFldent (of Memb€j- ~em) ~,;'~ DATE y~/ Board Secretary (of ~ System) /2.. -/~ -IS' DATE Meeting and Delegate Registration Procedures II Please retum signed, dated and completed fonn to [email protected] by January 11th, 2016. !d Delegates must be negistered for the meeting in advanc~ and should pick up their badge before checking in as a delegate. Ii At the meeting the delegate must then proceed to the Voting Delegate registration Desk which will be located near the general NRECA Meeting Registration area. m At the NRECA Voting Delegate Registration Desk, the delegate's certification infonnation will be reviewed and the delegate will re<:eive the official delegate ribbon. which will be attached to the name badge, as well as the assigned credential card for the meeling. The delegate must bring the credential card and ribbon to the NRECA BUSiness Meeling and present it in order to vote. Each voting member is pennlt1ed one vote on each of the resolutions and other business properly brought before rs the Annual and Regional Business Sessions. No Individual may represent more than one voting member system and proxy voting Is prohibited. 1/ )IOU hOlle ony questions concerning the above procedure, pletlse contact the Membership Deportment Dt (703) 901-5868. Packet Pg. 61 58 Attachment: Signed Voting Delegate Minutes Acceptance: Form 2015-12-17 Minutes (RES-2015-107 of Dec 17, 2015 : 2016 9:00 NRECA/NRTC/CFC AM (Minutes Approval) Annual Meetings Voting Delegates) NRECA 2016 Annual and 10.B.2 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-102 DOC ID: 3309 Subject: 2016 Key Performance Indicator Plan and Methodology -M Racis Submitted By: Michael Racis Background: The Board of Directors desires to adopt a Key Performance Indicator ("KPI") Plan for the 2016 calendar year (the "2016 KPI Plan") to provide an objective method for calculating performancebased financial distributions for eligible employees who contribute to the advancement of the goals and initiatives. Financial Impact and Cost/Benefit Considerations: The financial impact of the proposed 2016 KPI Plan will not be known until after the full KPI Plan Year concludes on December 31, 2016 ATTACHMENTS: 2016 KPI Recommendations BOD JHewa 12_17_2015_Final 2perpg 2016 KPI Plan_Final (PDF) (PDF) Updated: 12/16/2015 2:53 PM by Renee Oelschleger Packet Pg. 62 59 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Communications and Business Services 10.B.2 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-102 2016 Key Performance Indicator Plan and Methodology - J Hewa / M Racis Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) BE IT RESOLVED BY THE BOARD OF DIRECTORS that the 2016 KPI Plan presented to the Board this day with is hereby approved and adopted; and BE IT FURTHER RESOLVED that the Chief Executive Officer, or his designees, are hereby authorized and directed to take any and all actions as may be necessary or desirable to implement the 2016 KPI Plan and otherwise effectuate the purposes of this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Kathryn Scanlon, District 3 Director Emily Pataki, District 2 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 12/16/2015 2:53 PM by Renee Oelschleger Packet Pg. 63 60 Page 2 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 2016 Key Performance Indicator (KPI) Plan Recommendations (KPI) Plan Recommendations John Hewa, CEO John Hewa, CEO Michael Racis, VP Communications & Business Services Business Services Board of Directors Meeting 12/17/2015 2016 KPI Plan Development 2016 KPI Plan Development KPI Plan ‐ Purpose + Objective • Provide objective measures for evaluating PEC’s j g business performance against PEC’s strategic goals and calculating performance‐based financial incentive for eligible employees to contribute to the advancement of the goals and initiatives. Packet Pg. 64 61 10.B.2.a 4.A Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2016 KPI Plan Recommendations 2016 KPI Plan Recommendations Continue: • Biannual reporting and distribution of KPIs p g – Continued focus on performance throughout year – Mid‐year review can improve end‐of‐year performance • KPI plan on a calendar year KPI plan on a calendar year – PEC uses standard calendar year for work plans – Aligns with fiscal year for budget – Matches standard industry reporting – CFC, KRTA, OSHA • Focus KPI measures on Safety, Reliability, Member Satisfaction and Financial Responsibility Satisfaction and Financial Responsibility 2016 KPI Plan Recommendations 2016 KPI Plan Recommendations Change: • Align metrics and measures with Board approved Strategic Plan (5 19 15) Strategic Plan (5.19.15) • Evolve metrics based on past PEC scores and industry comparisons to develop “stretch” industry comparisons to develop stretch goals goals to improve co‐op performance p • Eliminate the cap on individual KPI distribution for eligible employees • Eliminate “adders” and recalculate distribution percentage for each measure Packet Pg. 65 62 2015 S f t T t l C 2015 Safety: Total Case Incident Rate (TCIR) I id t R t (TCIR) Silver Gold Platinum Weighting ≤ 2.7 ≤ 2.1 ≤ 1.5 10% Measures OSHA‐ recordable injuries/illnesses Score as of October 31, 2015 1 23 1.23 Platinum 2016 Recommendation: Safety‐TCIR Measurement Silver Gold Platinum Weighting Total Case Incident Rate (TCIR) ≤ 1.5 ≤ 1.2 ≤ 1.0 10% •Recommendation/Rationale / •Continue use of this OSHA metric so as to compare our recordable incidents safety performance against, national, state and local averages within our business group. •Projected benchmark better than National average (3.2) •Increasing current levels to promote a higher standard of safety performance. •A Platinum performance would hold reportable incidents (including minor •A Platinum performance would hold reportable incidents (including minor cuts, scrapes, twisted ankles, etc.) to less than seven across a workforce of approximately 700. •Proposed Calculation Total Number of OSHA Recordable Injuries/Illnesses X 200,000 Total Hours Worked Packet Pg. 66 63 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 2015 S f t D 2015 Safety: Days Away Restricted Duty (DART A R t i t d D t (DART) Silver Gold Platinum Weighting ≤ 1.0 ≤ 0.8 ≤ 0.66 10% Measures OSHA‐ recordable injuries/illnesses resulting in resulting in restricted duty Score as of October 31, 2015 0.88 Silver 2016 Recommendation: Safety‐DART d i f Measurement Silver Gold Platinum Weighting Days Away Restricted Duty (DART) ≤ 0.89 ≤ 0.59 ≤ 0.30 10% •Recommendation/Rationale •Continue use of this OSHA metric so as to compare our days away, restricted and/or transferred incidents performance against, restricted and/or transferred incidents performance against national, state and local averages within our business group. •Projected benchmark better than National average (1.7) •A Platinum performance would hold incidences involving time away from work (“lost time”) to two or less annually across a workforce of approx. 700. •Proposed Calculation Total Number of Lost Time/Restricted Duty Injuries/Illnesses X 200,000 Total Hours Worked Packet Pg. 67 64 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 10.B.2.a 4.A Silver Gold Platinum Weighting g g ≤ 66 minutes ≤ 60 minutes ≤ 54 minutes 20% Projected SAIDI at end KPI‐P2 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2015 Reliability: KPI 2015 Reliability: KPI‐P2 P2 System Average Interruption System Average Interruption Duration Index (SAIDI) Measures outage time (in minutes) per member served Score as of October 31, 2015 TO BE UPDATED TO BE UPDATED 56.2/67.4 / No Ranking 2016 R 2016 Recommendation: Reliability ‐ d ti R li bilit SAIDI Measurement System Average Interruption Duration Index (SAIDI) calculated excluding planned, transmission, and major weather events Silver Gold Platinum KPI-P1 KPI-P1 < 33 minutes < 30 minutes KPI-P1 < 27 minutes KPI-P2 <66 minutes KPI-P2 < 54 minutes KPI-P2 < 60 minutes Weighting 10% •Recommendation/Rationale •Maintain the SAIDI KPI as it is an industry standard measure of reliability •Keep the metric levels from 2015 as they are a high standard, but have been K th ti l l f 2015 th hi h t d d b t h b achievable in the past for PEC. •PEC 4 year average is 57.02 minutes •State 4 year average is 89.19 minutes (2010-2014) •Consider introduction a SAIFI KPI in 2016, once systems have been C id i t d ti SAIFI KPI i 2016 t h b implemented to provide accurate measurement. •Proposed Calculation p Sum of All Member Interruption Durations Total Number of Meters Served x 60 Packet Pg. 68 65 10.B.2.a 4.A Silver Gold Platinum Weighting ≥80 ≥82 ≥84 10% Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2015 S ti f ti 2015 Satisfaction: ACSI ACSI M Measures ability bili to meet member expectations; calculated by averaging two averaging two quarterly scores and rounding Score reported as of October 31, 2015 79 N R ki No Ranking 2016 Recommendation: Satisfaction ‐ ACSI Measurement Silver Gold Platinum Weighting ACSI Satisfaction Score ≥80 ≥82 ≥84 10% Recommendation/Rationale •Maintain ACSI as a measure of member satisfaction as it is utilized by co‐ops, utilities and other industries as uniform and independent measure of satisfaction. •Keep metrics (silver, gold, platinum) consistent with 2015 levels as they represent strong goals for PEC performance. • PEC's 3Q 15 ACSI score of 79 is above the Board goal of the top quartile of all utilities and hi h h higher than the Touchstone Energy cooperative average, the Other Co‐op average, the Top IOU h T h E i h Oh C h T IOU and the Avg IOU. • While PEC's ACSI score has held steady, industry scores and the TSE benchmark have decreased over the past year. The TSE benchmark is currently 82 •Consider a longer term stretch goal to be in the top ten JD Power scores within two years (currently •Consider a longer term stretch goal to be in the top ten JD Power scores within two years (currently PEC's score ranks 21 of the 146 utilities). •Proposed Calculation KPI-P1: 2015 Q4 ACSI + 2016 Q1 ACSI 2 KPI-P2: 2016 Q2 ACSI + 2016 Q3 ACSI 2 Packet Pg. 69 66 2015 Satisfaction: Member Interaction if i b i Silver Gold Platinum Weighting ≥8.64 ≥8.74 ≥8.84 10% Measures member “reviews” of new service, outage, walk‐in and contact center experiences; calculated by averaging two quarterly scores and rounding d d Score reported as of October 31 2015 October 31, 2015 8 55 8.55 No Ranking 2016 Recommendation: Satisfaction ‐Interaction Measurement Silver Gold Platinum Weighting Member Interaction Scores ≥8.64 ≥8.74 ≥8.84 5% •Recommendation/Rationale •Maintain Maintain Member Interaction measure as it measures PEC Member Interaction measure as it measures PEC’ss direct interaction with members on new service, direct interaction with members on new service, outage, call center and walk‐ins. •Keep metrics (silver, gold, platinum) consistent with 2015 levels as they represent strong goals for PEC performance. • PEC is currently under the Silver level (8.55/‐0.09) • The 3Q TSE benchmark average is 8.75 • PEC’s past performance indicates that we can achieve higher levels, we will need to have consistently higher performance in the future to do so. •Proposed Calculation •Proposed Calculation Interaction Score = TSE: New Service + Outage + Call Center + Walk-in 4 KPI-P1: 2015 Q4 + 2016 Q1 Interaction Scores 2 KPI-P2: 2016 Q2 + 2016 Q3 Interaction Scores 2 Packet Pg. 70 67 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 10.B.2.a 4.A Silver Gold Platinum Weighting Third Place Second Place First Place 10% Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2015 Fi 2015 Financial: Low Cost Provider i l L C t P id M Measures PEC PEC residential rate in comparison to other co‐ops purchasing power purchasing power from LCRA Score reported as p of October 15, 2015 3rd d Silver (Est. First at end 2015) 2016 Recommendation: Low Cost Measurement Silver Low Cost Second place LCRA Coop/top 45% of lowest state wide co‐op providers Gold Second place LCRA Coop/top 35% of lowest state wide co‐op providers Platinum First place LCRA Coop/top 25% of lowest state wide co‐op providers Weighting 10% • Recommendation/Rationale • PEC has demonstrated its ability to compete among LCRA Co‐ops, continue to maintain position • PEC should begin to compare itself state wide co‐ops in order to move PEC h ld b i i lf id i d towards the goal ranking within the top 10% (lowest) • As of June 2015, PEC ($116.20) was just below the state wide co‐op average of $116.71 g $ • Proposed Calculation • Average price paid for residential service measured at 1,000 kWh • Place ranking determined by PEC position compared with current LCRA Place ranking determined by PEC position compared with current LCRA Co‐ops • Percentile ranking (%) based on state‐wide survey completed twice a year Packet Pg. 71 68 10.B.2.a 4.A Silver Gold Platinum Weighting ≤ $400 ≤ $390 ≤ $385 10% Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2015 Fi 2015 Financial: KPI‐P2 Controllable Costs i l KPI P2 C t ll bl C t Measures controllable costs per meter Projected Controllable Costs at end KPI P2 Projected Controllable Costs at end KPI‐P2 Score reported as of October 31, 2015 $ $380 Platinum (est. $389 at end 2015) 2016 Recommendation: 2016 R d ti Controllable Costs Per Meter Measurement Silver Gold Total Controllable Costs Per Meter KPI-P1 ≤ $195 KPI-P2 ≤ $390 KPI-P1 ≤ $193 KPI-P2 ≤ $385 Platinum Weighting KPI-P1 ≤ $190 KPI-P2 ≤ $380 10% •Recommendation/Rationale The controllable costs per meter monitors those expenses over which the p p Cooperative has the most discretionary control. Controllable expense categories include distribution operations, distribution maintenance, consumer accounts, consumer service and information, economic development, and administrative and general costs. It does not include any impact from current or prior year KPI g y p p y payments. Our 2016 budget sets a controllable cost per meter at $387. •Proposed Calculation Total Controllable Expenses Average Number of Meters/Month Packet Pg. 72 69 10.B.2.a 4.A Silver Gold Platinum Weighting ≥ 355 ≥ 360 ≥ 365 10% Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2015 Fi 2015 Financial: Meters/Employee (KPI‐P2) i l M t /E l (KPI P2) Measures meters per employee to encourage resource/process resource/process efficiencies p Score reported as of October 31, 2015 386 Pl ti Platinum 2016 Recommendation: Meters/Employee Measurement Silver Gold Average Meters per Employee KPI-P1 ≥ 382 KPI-P2 ≥ 385 KPI-P1 ≥ 387 KPI-P2 ≥ 390 Platinum Weighting KPI-P1 ≥ 392 KPI-P2 ≥ 395 10% •Recommendation/Rationale PEC’s 2016 budget is calculated based upon 725 full time employees ’ b d l l db d f ll l and would result in 386 average consumers per employee if PEC adds a typical number of meters in 2016. •Proposed Calculation Average Number of Meters/Month Average Total Full-Time Equivalent Employees/Month Packet Pg. 73 70 2016 Recommendation: Cost Reduction in 2016 Recommendation: Cost Reduction in Transmission and Transmission and Peak Power Expenses “Demand Management” Measurement Silver Gold Transmission and Peak Power Cost Reduction Greater than 2% of actual 4CP reduction realized through active and deemed demand reduction Greater than 3% of actual 4CP reduction realized through active and deemed demand reduction Platinum Greater than 4% of actual 4CP reduction realized through active and deemed demand reduction Weighting 5% • Recommendation/Rationale • Transmission Cost of Service (TCOS) has increased 89% from 2010 • TCOS reduction through 4CP reduction is necessary to mitigate and reduce member costs and rates TCOS d ti th h 4CP d ti i t iti t d d b t d t • 2015 PEC programs reduced 4CP by an estimated 7.06 MWs • Estimated 2015 4CP savings would be a 0.57% • Goal seeks to achieve 2‐5% savings • Proposed Calculation • Active and deemed demand reductions due to PEC programs are tracked • The percentage reduction in 4CP is calculated The reduction percentage is determined in the Fall following the 4CP period • The reduction percentage is determined in the Fall following the 4CP period • The same result is used for both December of the current year and June of the following year 2015 Fi 2015 Financial: Uncollectible Accounts i l U ll tibl A t Silver Gold Platinum Weighting ≤ 0.24% ≤ 0.20% ≤0.16% 10% Measures “bad debt” written off as a percentage of operating revenue operating revenue Score reported as of October 31, , 2015 0 03% 0.03% Platinum Packet Pg. 74 71 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 2016 Recommendation: Uncollectible Accounts Measurement Silver Gold Platinum Weighting g g Uncollectible Accounts Written off as Percentage of Operating Revenue ≤ 0.20% ≤ 0.15% ≤0.10% 5% •Recommendation/Rationale • PEC has consistently out‐performed the industry over the last several years without overly‐aggressive policies and without impacting customer service. • The NISC platform will allow PEC to continue policies and maintain performance, but cautions against lowering metric too aggressively and f b t ti i tl i ti t i l d affecting other KPI targets in customer satisfaction. • A Platinum target of 0.10% will push staff for continued efforts and allow a safeguard for periods of non‐collection activity during high and low temperatures. •Proposed Calculation Amounts Written Off (12 mo. rolling) Operating Revenue (12 mo. rolling) 2015 Fi 2015 Financial: Overtime Hours i l O ti H Silver Gold Platinum Weighting ≤ 5.25% ≤ 4.75% ≤ 3.75% 10% Measures applicable overtime hours as %age of total %age of total hours worked p Score reported as of June 30, 2015 4 08% 4.08% Gold Packet Pg. 75 72 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 10.B.2.a 4.A 2016 Recommendation: Overtime Hours Measurement Silver Gold Platinum Weighting Overtime Hours as a Percentage of Total Hours Worked ≤ 4.50% ≤ 4.00% ≤ 3.50% 5% •Recommendation/Rationale • The 2016 budget is based on an overtime rate of 4.6%. •A Gold performance would represent an estimated 30,160 hours of overtime per KPI period. •Proposed Calculation Total Overtime Hours Total Hours Worked Packet Pg. 76 73 10.B.2.a 4.A KPI Historical Results 2013 Results 2013 Results 2014 Results 2014 Results TCIR None‐3.43 None‐2.76 Gold‐2.10 + Platinum‐1.46 DART None‐2.51 None‐1.74 None‐1.80 + Silver‐0.88 SAIDI Gold‐0.84/50.7 m None‐1.04/62 m Platinum‐0.8/48 m Member Satisfaction Silver‐80 Silver‐80 Silver‐80 Member Interaction Silver‐8.64 None‐8.63 None‐8.59 + Silver‐8.64 None‐$420.09 Platinum‐$397 None‐$426 + Platinum‐$191 Platinum‐0.16% Platinum‐0.09% Platinum‐0.11% None‐5.2% None‐5.76% Gold‐3.81% = Platinum‐0.03% + Platinum‐3.43% Platinum‐335 Platinum‐341 Platinum‐351 Lowest Cost Provider N/A N/A N/A *1% Adder Achieved 1/2 Adders 2/2 Adders 1/2 Adders 3.4% 4.0% 4.4% Controllable Costs/Meter* Uncollectible Accounts Overtime Percentage Meters per Employee* Tho ough hts Distribution Comments 2015 KPI‐P1 2015 KPI P1 Attachment: 2016 KPI Recommendations Minutes Acceptance: BOD JHewa Minutes 12_17_2015_Final of Dec 17, 2perpg 2015 9:00 (RES-2015-102 AM (Minutes:Approval) 2016 Key Performance Indicator Plan and 2012 Results ‐ None‐34.6 min = Silver‐80 = Platinum‐371 Platinum‐1st + 2/2 Adders 5.6% Questions Eng gage KPI Metric KPI Metric Participate p Discussion Packet Pg. 77 74 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Packet Pg. 78 75 2016 Key Performance Indicator Plan Purpose and Objectives The purpose of the Key Performance Indicators (KPIs) is to provide an objective method for evaluating PEC’s business performance and calculating performance-based financial distributions for eligible employees who contribute to the advancement of the goals and initiatives outlined in the Cooperative’s approved Strategic Plan. 2016 KPI Plan Year The plan year coincides with the calendar year (January 1, 2016 to December 31, 2016) to align with the Cooperative’s current fiscal year, annual work plan process, and standard industry reporting required by the National Rural Utilities Cooperative Financial Corporation and Occupational Safety and Health Administration (OSHA). A biannual KPI distribution of equal periods will provide greater focus on Cooperative performance throughout the year. The first measurement period (KPI-P1) will be January 1 to June 30, 2016 and the second measurement period (KPI-P2) will be July 1 to December 31, 2016. Accordingly, each biannual KPI calculation will be based on the most current scores and latest financial information available at the close of the period. The distribution of KPI-P2 will be made prior to March 15, 2017. Each performancebased financial distribution will be based on the achievement of the 2016 calendar-year targets outlined in this plan and approved by the Board of Directors by resolution on December17, 2015. Updates to the KPI Plan may be presented to and approved by the Board throughout the plan year as reporting methodology is refined to align with unforeseen industry, software, or other business transitions. Employee Eligibility Requirements The distribution percentage would be applied to total wages, which includes base pay, overtime and double time that were paid for each of the equal measurement periods (KPI-P1 and KPI-P2). To be eligible for a KPI distribution for a particular measurement period, an employee must meet each of the following requirements: Have received an individual overall performance rating of meets expectations or above during the most recent Cooperative-wide evaluation process if they were a PEC employee at that time Have worked any time during the KPI measurement period, and Be employed by PEC on the day the KPI is distributed Packet Pg. 79 76 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A 2016 KPI Plan Safety Measurements Measurement Silver Gold Platinum Weighting Total Case Incident Rate (TCIR) ≤ 1.5 ≤ 1.2 ≤ 1.0 10% Definition and Calculations for Total Case Incident Rate (TCIR): Total Case Incident Rate (TCIR) is defined as the total number of OSHA-recordable injuries/illnesses (collectively called “incidents”) that occurred throughout the Cooperative during the applicable KPI measurement period. This measurement is only affected by recordable incidents in which an injury or illness actually occurred, and is not affected by other safetyrelated reports that do not involve an actual injury or illness. The total hours worked component consists of all hours worked for non-exempt employees, including over time, double time and call out. For exempt employees, this measurement is calculated using the standard 40 hours per week and is not reflective of the actual hours worked. This indicator is calculated using the following formula and will be carried out one decimal place: Total Number of OSHA Recordable Injuries/Illnesses X 200,000 Total Hours Worked Measurement Silver Gold Platinum Weighting Days Away Restricted Duty (DART) ≤ 0.89 ≤ 0.59 ≤ 0.30 10% Definition and Calculations for Days Away Restricted Duty (DART): Days Away Restricted Time (DART) is defined as the total number of lost time and restricted duty injuries that occur throughout the Cooperative during the applicable KPI measurement period. This measure is only affected by recordable incidences in which an actual injury results in lost time or restricted duty. The total hours worked component consists of all hours worked for non-exempt employees, including over time, double time and call out. For exempt employees, this measurement is calculated using the standard 40 hours per week and is not reflective of the actual hours worked. This indicator is calculated using the following formula and will be carried out to two decimal places: Total Number of Lost Time/Restricted Duty Injuries/Ilnesses X 200,000 Total Hours Worked Packet Pg. 80 77 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A 2016 KPI Plan Reliability Measurement Measurement Silver Gold Platinum System Average Interruption Duration Index (SAIDI) calculated excluding planned, transmission, and major weather events KPI-P1 <33 minutes KPI-P1 < 30 minutes KPI-P1 < 27 minutes KPI-P2 <66 minutes KPI-P2 < 60 minutes KPI-P2 < 54 minutes Weighting 10% Definition and Calculations for System Average Interruption Duration Index (SAIDI): The System Average Interruption Duration Index (SAIDI) is an indicator of the Cooperative’s service reliability as measured by its outage time during the applicable KPI measurement period. This index excludes planned, transmission, and major weather outages. The basic calculation is as follows with the targets for KPI-P1 calculated for Jan. 1, 2016, to June 30, 2016; KPI-P2 will be based on Jan. 1, 2015 to Dec. 31, 2016: Sum of All Member Interruption Durations as Defined Above Total Number of Meters Served x 60 Packet Pg. 81 78 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A 2016 KPI Plan Member Satisfaction Measurements Measurement Silver Gold Platinum Weighting ACSI Satisfaction Score ≥80 ≥82 ≥84 10% Definition and Calculations for the ACSI Satisfaction Score Reported in TSE Services Residential Member Satisfaction Tracking Report: The American Customer Satisfaction Index (ACSI) is an independent, cross-industry review of more than 200 leading companies including cooperatives, municipalities, and IOUs. The ACSI weighted average is on a 100-point scale and designed to measure overall customer satisfaction, member expectations, and actual performance in relation to the ideal utility. Because the ACSI is reported in whole numbers, any calculation resulting in a decimal will be rounded to the nearest whole number. The final calculation for the first measurement period (KPI-P1) of January 1 to June 30, 2016 will be: 2015 Q4 ACSI + 2016 Q1 ACSI 2 The final calculation for the second measurement period (KPI-P2) of July 1 to December 31, 2016 will be: 2016 Q2 ACSI + 2016 Q3 ACSI 2 Measurement Silver Gold Platinum Weighting Member Interaction Scores ≥8.64 ≥8.74 ≥8.84 5% Definition and Calculations for the Member Interaction Scores Calculated from TSE Services Residential Member Satisfaction Tracking Report:: Each quarter the TSE Services Residential Member Satisfaction Tracking Survey Report compares PEC results to all cooperatives in the benchmark study (currently more than 70 electric co-ops). Each quarter the unique overall PEC satisfaction score in the outage, new service, call center and walk-in categories will be averaged for a single, interaction score carried two decimal places. The final calculation for the first measurement period (KPI-P1) of January 1 to June 30, 2016 will be: 2015 Q4 + 2016 Q1 Interaction Scores 2 The final calculation for the second measurement period (KPI-P2) of July 1 to December 31, 2016 will be: 2016 Q2 + 2016 Q3 Interaction Scores 2 Packet Pg. 82 79 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A 2015 KPI Plan Financial Measurements Measurement Silver Gold Platinum Weighting Low Cost Second Place LCRA co-op/top 45% of lowest state wide co-op providers Second Place LCRA co-op/ top 35% of lowest state wide co-op providers First Place LCRA co-op/ top 25% of lowest state wide co-op providers 10% Definition and Calculations for Low Cost Electric Provider: This indicator will be based on the average monthly price paid for residential service measured at 1,000 kWh by PEC members compared with what members pay at other LCRA electric cooperatives and all state wide electric cooperatives. State wide electric cooperative information is delayed so the indicate ranking will be based on the measurement from the prior period. In other words, June will be based on the prior December measurement and December will be based on the prior June measurement. Packet Pg. 83 80 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Measurement Total Controllable Costs per Meter Silver Gold Platinum KPI-P1 ≤ $195 KPI-P1 ≤ $193 KPI-P1 ≤ $190 KPI-P2 ≤ $390 KPI-P2 ≤ $385 KPI-P2 ≤ $380 Weighting 10% Definition and Calculations for Reportable Total Controllable Costs per Meter: The controllable costs per meter monitors those expenses over which the Cooperative has the most discretionary control. Controllable expense categories include distribution operations, distribution maintenance, consumer accounts, consumer service and information, economic development, and administrative and general costs. It does not include any impact from current or prior year KPI payments. This indicator is calculated for each of the measurement periods using the following formula and will be rounded to the nearest whole dollar. The targets for KPI-P1 will be calculated for Jan. 1, 2016, to June 30, 2016; KPI-P2 will be based on .Jan. 1, 2016 to Dec. 31, 2016: Total Controllable Expenses Average Number of Meters/Month Measurement Average Meters per Employee Silver Gold Platinum KPI-P1 ≥ 382 KPI-P1 ≥ 387 KPI-P1 ≥ 392 KPI-P2 ≥ 385 KPI-P2 ≥ 390 KPI-P2 ≥ 395 Weighting 10% Definition and Calculations for Average Meters per Employee: This indicator measures the average number of meters in relation to the Cooperative’s full-time employee count to encourage process efficiencies and proper management of employee resources. This indicator is calculated using the following formula and will be rounded to the nearest whole number. The targets for KPI-P1 will be calculated for Jan. 1, 2016, to June 30, 2016; KPI-P2 will be based on Jan. 1, 2016 to Dec. 31, 2016: Average Number of Meters/Month Average Total Full-Time Equivalent Employees/Month Packet Pg. 84 81 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Measurement Silver Gold Platinum Weighting Transmission and Peak Power Cost Reduction Greater than 2% of actual 4CP reduction realized through active and deemed demand reduction Greater than 3% of actual 4CP reduction realized through active and deemed demand reduction Greater than 4% of actual 4CP reduction realized through active and deemed demand reduction 5% Definition and Calculations for Transmission and Peak Power Cost Reduction: This indicator will be based on the calculated annual, average percentage 4CP (4 Coincident Peaks for June, July, August, and September) reduction as determined by PEC’s active and passive demand management programs and incentives and the ERCOT 4CP Transmission Cost of Service allocation methodology. Each year during the 4CP months PEC will determine the deemed demand savings by summing the total of actual active demand reductions and the calculated demand reductions realized through passive programs. The measured score will be determined in the Fall of each year and remain in effect for two-sixth month periods and recorded in December and June. ERCOT (MW) PEC (MW) 6/10@4:45 7/30@4:45 8/10@5:00 9/08@4:30 Average 61,679.0 67,679.0 69,830.0 64,478.0 65,916.5 1,104.0 1,276.0 1,366.0 1,203.0 1,237.3 Active Demand Reduction (MW) Deemed Demand Reduction (MW) 0.0 8.0 9.0 8.0 6.25 0.70 0.75 0.81 0.81 0.77 Total (MW) 0.70 8.75 9.81 8.81 7.02 Adjusted Peak (MW) % Peak Demand Reduction 1,104.70 1,284.75 1,375.81 1,211.81 1,244.27 0.06% 0.68% 0.71% 0.73% 0.56% Packet Pg. 85 82 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Measurement Silver Gold Platinum Weighting Uncollectible Accounts Written off as %age of Operating Revenue ≤ 0.20% ≤ 0.15% ≤0.10% 5% Definition and Calculations for Uncollectible Accounts Written Off as Percentage of Operating Revenue: This indicator measures the percentage of the Cooperative’s total electric billings that corresponds to member accounts that cannot be collected and is commonly known as “bad debt.” This indicator is calculated on a 12 month rolling basis using the following calculation and will be carried out to two decimal places: Amounts Written Off (12 mo.rolling) Operating Revenue (12 mo.rolling) Measurement Silver Gold Platinum Weighting Overtime Hours as a %age of Total Hours Worked ≤ 4.50% ≤ 4.00% ≤ 3.50% 5% Definition and Calculations for Overtime Hours as Percentage of Total Hours Worked: This indicator compares the total amount of overtime to the total hours worked during the period to encourage process efficiencies and proper management of employee resources. The total hours worked component consists of all hours worked for non-exempt employees and does not include double time (call out). For exempt, non-990 reportable employees, this measurement is calculated using the standard 40 hours per week and is not reflective of the actual hours worked. This indicator is calculated using the following formula and will be carried out to two decimal places: Total Overtime Hours Total Hours Worked Packet Pg. 86 83 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Summary of KPI Measures, Targets and Weights for Each Period of 2016 KPI Plan Category Measurement Silver Gold Platinum Weighting Total Case Incident Rate (TCIR) ≤ 1.5 ≤ 1.2 ≤ 1.0 10% Days Away Restricted Duty (DART) ≤ 0.89 ≤ 0.59 ≤ 0.30 10% System Average Interruption Duration Index (SAIDI) calculated excluding planned, transmission, and major weather events KPI-P1 <33 minutes KPI-P1 < 30 minutes KPI-P1 < 27 minutes KPI-P2 <66 minutes KPI-P2 < 60 minutes KPI-P2 < 54 minutes ≥80 ≥82 ≥84 10% ≥8.64 ≥8.74 ≥8.84 5% Second place LCRA Co-op/ top 35% of lowest state wide co-op providers First place LCRA Co-op/top 25% of lowest state wide co-op providers KPI-P1 ≤ $195 KPI-P1 ≤ $193 KPI-P1 ≤ $190 KPI-P2 ≤ $390 KPI-P2 ≤ $385 KPI-P2 ≤ $380 KPI-P1 ≥ 382 KPI-P1 ≥ 387 KPI-P1 ≥ 392 KPI-P2 ≥ 385 KPI-P2 ≥ 390 KPI-P2 ≥ 395 Greater than 2% of actual 4CP reduction realized through active and deemed demand reduction Greater than 3% of actual 4CP reduction realized through active and deemed demand reduction Greater than 4% of actual 4CP reduction realized through active and deemed demand reduction 5% Uncollectible Accounts Written off as Percentage of Operating Revenue ≤ 0.20% ≤ 0.15% ≤0.10% 5% Overtime Hours as a %age of Total Hours Worked ≤ 4.50% ≤ 4.00% ≤ 3.50% 5% ACSI Satisfaction Score (as reported in the TSE Services Residential Member Satisfaction Tracking Survey Report) Member Interaction Scores Calculated from TSE Services Residential Member Satisfaction Tracking Survey Report Low Cost Total Controllable Costs per Meter Average Meters per Employee Transmission and Peak Power Cost Reduction Second place LCRA Co-op/top 45% of lowest state wide co-op providers 20% 10% 10% 10% Packet Pg. 87 84 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A Calculation of Biannual Distribution for 2016 KPI Plan After the final results are calculated for each period, the KPI distribution percentage to be paid to eligible employees will be determined by multiplying the performance level award value by the weighting of that indicator: Performance Level Percentage x Measurement Weight=Measurement KPI Distribution Any calculated results will be rounded as noted in the specific definition with 1-4 moving down the scale, 5-9 moving up. All measurement results will be subtotaled to obtain the percentage of the KPI distribution and any applicable adder contributions will be factored in. The value for each performance level and the adders during each period is: Performance Level KPI-P1 KPI-P2 Silver 4.0% 4.0% Gold 6.0% 6.0% Platinum 8.0% 8.0 % Example for Illustrative Purposes Only: PEC’s 2014 Q4 ACSI Score is reported as 79. PEC’s 2015 Q1 ACSI Score is reported at 82. The final calculation for the first measurement period (KPI-P1) of January 1 to June 30, 2015 will be: 2014 Q4 ACSI + 2015 Q1 ACSI OR 2 79 + 82 = 80.5 2 Because the ACSI is reported in whole numbers, any calculation resulting in a decimal will be rounded to the nearest whole number, which is reported as 81. Using the defined target, this is Silver Level performance for a measurement with a weight of 10% during KPI-P1. Performance Level %age x Measurement Weight=Measurement KPI Distribution OR 4.0% x 10% = 0.4% Packet Pg. 88 85 Attachment: 2016 KPIMinutes Plan_Final Acceptance: (RES-2015-102 Minutes: 2016 of Dec Key 17,Performance 2015 9:00 AMIndicator (Minutes Plan Approval) and Methodology -M Racis) 10.B.2.b 4.A 10.B.3 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-103 DOC ID: 3303 A Subject: 2016-2020 Vegetation Management MSAs for Distribution and Transmission Vegetation Maintenance Submitted By: Brad Hicks Background: PEC requires outside support for vegetation clearing from our electrical distribution system as we seek to gain efficiency and improve productivity by securing centralized contractor support for these activities. PEC has completed the competitive bid process for the 2016-2020 vegetation management program and selected the qualified vendors to work on the system over the next 5 years. The centralized program and vendor awards will go into full effective January 1, 2016. Financial Impact and Cost/Benefit Considerations: Expenditure of cooperative funds estimated in the amount of $8.3M which is currently included in the Cooperative’s 2016 operating budget; expenditures of staff time estimated in the amount of 0 hours (other than ordinary processing requirements). Updated: 12/12/2015 8:53 PM by Sylvia A. Romero A Packet Pg. 89 86 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Engineering & Energy Innovations 10.B.3 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-103 NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the Vegetation Management contracts are awarded as discussed in Executive Session; and BE IT FURTHER RESOLVED that the funding for the vendor contracts not exceed the amount as discussed in Executive Session; and BE IT FURTHER RESOLVED that the Chief Executive Officer or his designee is authorized to take all such actions as needed to implement this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Emily Pataki, District 2 Director Cristi Clement, District 1 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 12/12/2015 8:53 PM by Sylvia A. Romero A Packet Pg. 90 87 Page 2 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) 2016-2020 Vegetation Management Master Service Agreements for Distribution and Transmission Vegetation Maintenance - B Hicks 10.B.4 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-104 DOC ID: 3307 Subject: Authorization For Regulatory Action with Public Utility Commission of Texas Regarding Service Area E Submitted By: Wayne McKee Background: Under the Texas Utilities Code, the Cooperative shall serve every consumer within its certificated service territory. A municipally-owned utility seeks to serve its facilities within the Cooperative's service territory. The Cooperative has communicated its position to the municipally-owned utility and now seeks to pursue regulatory action with the Public Utility Commission of Texas regarding these service area encroachments. Financial Impact and Cost/Benefit Considerations: Expenditures of staff time estimated in amount of at least 115 hours (other than ordinary processing requirements). ATTACHMENTS: 8B4 Service Area Encroachment 12-17-15 VERSION 3 [Read-Only] 2perpg (PDF) Updated: 12/11/2015 4:29 PM by Don Ballard Packet Pg. 91 88 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Operations 10.B.4 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-104 Authorization For Regulatory Action with Public Utility Commission of Texas Regarding Service Area Encroachments - W McKee / A Hagen NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the Cooperative take any such necessary regulatory action with the Public Utility Commission of Texas regarding service area encroachments by a municipally-owned utility in Williamson County, Texas; and BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that Chief Executive Officer, or designee, is hereby authorized as a duly authorized officer or agent of the Cooperative, for and in the name and on behalf of the Cooperative, to do any and all acts deemed necessary or appropriate in the best interests of the Cooperative to implement this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Paul Graf, District 6 Director Cristi Clement, District 1 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 12/11/2015 4:29 PM by Don Ballard Packet Pg. 92 89 Page 2 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) WHEREAS, by law, Pedernales Electric Cooperative, Inc. (The "Cooperative") serves every consumer within its certificated territory; Attachment: 8B4 Service Area Encroachment Minutes Acceptance: 12-17-15 Minutes VERSION of3Dec [Read-Only] 17, 2015 9:00 2perpg AM (RES-2015-104 (Minutes Approval) : Authorization For Regulatory Action 10.B.4.a 4.A Authorization For Regulatory Action with Public Utility Commission of Texas Regarding Ser Service ice Area Encroachments Board of Directors’ Regular g Meetingg December 17, 2015 As of 12.16.15 Boundary Map 2 Packet Pg. 93 90 Georgetown Utilities Facilities in Territory 3 Georgetown U G Utilities ili i F Facilities ili i iin Territory y Attachment: 8B4 Service Area Encroachment Minutes Acceptance: 12-17-15 Minutes VERSION of3Dec [Read-Only] 17, 2015 9:00 2perpg AM (RES-2015-104 (Minutes Approval) : Authorization For Regulatory Action 10.B.4.a 4.A 4 Packet Pg. 94 91 Attachment: 8B4 Service Area Encroachment Minutes Acceptance: 12-17-15 Minutes VERSION of3Dec [Read-Only] 17, 2015 9:00 2perpg AM (RES-2015-104 (Minutes Approval) : Authorization For Regulatory Action 10.B.4.a 4.A Timeline September 28, 2015: Georgetown Utility Systems (GUS) notifies PEC that GUS will serve new Service Center within PEC territory; PEC requests appropriate approvals November 10, 2015: Cease and desist letter mailed to GUS December 17,, 2015: Consideration of PEC Board to take regulatory action at PUCT regarding all existing service area encroachments and proposed encroachments by GUS 5 Packet Pg. 95 92 10.B.5 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-105 DOC ID: 3311 Subject: Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines Submitted By: Ingmar Sterzing Background: The Cooperative previously approved in September 2015 an on-bill financing program for distributed renewable solar photovoltaic systems to be effective January 1, 2016 and wishes to expand this program to include grid-tied battery storage systems. The Cooperative is updating the Loan Policy and Underwriting Guidelines to include those systems and to also update the repayment structure for the loans and other necessary changes. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds used for the administration of the On-Bill Financing Program will be recovered through the program fees. ATTACHMENTS: 12-17-15 loan policy re on bill financing version 2 ANH (3) Final (PDF) Updated: 12/11/2015 4:40 PM by Renee Oelschleger Packet Pg. 96 93 Page 1 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Power Supply & Energy Services 10.B.5 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-105 Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines - B Beavers WHEREAS, the Cooperative wishes to expand this program to include grid-tied battery storage systems; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative approve amendments to its Loan Policy and Underwriting Guidelines for the on-bill financing program as attached hereto; BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer, or his designee(s), is hereby authorized and directed to do any and all such other things, and take such other actions, as the Chief Executive Officer, or his designee(s), deems necessary or desirable in his reasonable discretion to effectuate these resolutions. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Kathryn Scanlon, District 3 Director Clement, Pataki, Scanlon, Graf, SJ Akers, Oakley Chris Perry Updated: 12/11/2015 4:40 PM by Renee Oelschleger Packet Pg. 97 94 Page 2 Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) WHEREAS, the Cooperative previously approved in September 2015 an on-bill financing program for distributed renewable solar photovoltaic systems; 10.B.5.a 4.A LOAN POLICY AND UNDERWRITING GUIDELINES Approved: September 14, 2015 Revised: December 17, 2015 PEC attempts to comply with federal and state laws regarding extensions of credit to its members. Members eligible for this financing program must meet creditworthiness standards including evaluation of payment history and other criteria as described herein. In addition, Members will be subject to loan application and credit score checks. Terms of Loan: No more than $20,000 for Grid Tied Distributed Energy Resource (DER) Systems, including distributed renewable solar photovoltaic systems and grid tied battery storage systems installed by a qualified vendor Repayment of Loan – Ten years or less Interest – No more than 10% Residential and Commercial members are eligible Contingent upon satisfactory installation of grid tied equipment by qualified vendor Underwriting Guidelines: For residential service, during the most recent 12 consecutive months of electric service (i) the member is not late in paying a bill more than once; (ii) the member does not have service disconnected for nonpayment; and (iii) the member does not have more than one returned check. For commercial service, during the most recent 24 consecutive months of electric service (ii) the member is not late in paying a bill more than once; (ii) the member does not have service disconnected for nonpayment; and (iii) the member does not have more than one returned check. Member must own property in fee simple in which installation to occur. Loans shall be secured by a fixture filing on the qualified equipment . Member shall provide appropriate evidence of insurance. . Eligible members including joint members must meet the following criteria: Credit Score Billing History with no more then one late payment (Months) 600 - 649 650 - 699 ≥ 700 24 18 12 Packet Pg. 98 95 Attachment: 12-17-15 loan policy reMinutes on bill financing Acceptance: version Minutes 2 ANH of Dec (3) Final 17, 2015 (RES-2015-105 9:00 AM (Minutes : Amendments Approval) to On-Bill Financing Loan Policy and 12-17-15 version 1 Member annual income or revenues must be three times the loan amount The DER must meet all PEC interconnection standards. Financing of all grid tied DER systems is contingent on final approval of installation and approved interconnection with PEC. . All joint members must authorize appropriate loan documentation. Only one loan per account until expiration of any existing loan with PEC Credit check fee will be collected upon request for pre-approval Application fee will be collected upon submission of the member's loan package application and may be refunded if member signs up for automatic payment in connection with the loan. If Member authorizes automatic payments through either the Credit Card Payment Plan or Bank Draft Payment Plan, then the application fee may be refunded. A filing fee will be collected upon execution of the loan dcoumentation and completion of the filings. An administration fee shall be collected as an adder to the interest rate of the loan A late fee may be assessed after 10 days of payment due date; greater of five percent (5%) on amount due or $7.50 Repayment Guidelines: After approval of installation by PEC and closing the loan, Member's bill will then include a lineitem for repayment of the loan through monthly installments. Monthly payments by Member go first to the cost of interest and principal of the loan then to the electric service bills. Collection Standards In case of any delinquencies, any payment by Member goes first to the costs of interest and principal of the loan then to the electric service bills. Fair Lending Credit decisions shall be made without adverse discrimination on the basis of race, color, religion, sex, national origin, marital status, age (provided the applicant is of legal age and has the capacity to enter into a binding legal contract), receipt of public assistance, or good faith exercise of rights under the Consumer Credit Protection Act or any other prohibited basis. PEC will not discourage the completion or submission of an application for credit by any applicant on any of the prohibited bases. It is the intent of the PEC to comply with the requirements of the Equal Credit Opportunity Act and the Fair Credit Reporting Act as they may apply to any credit program. 2 Packet Pg. 99 96 Attachment: 12-17-15 loan policy reMinutes on bill financing Acceptance: version Minutes 2 ANH of Dec (3) Final 17, 2015 (RES-2015-105 9:00 AM (Minutes : Amendments Approval) to On-Bill Financing Loan Policy and 10.B.5.a 4.A 15.A 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-106 DOC ID: 3304 Subject: Distribution Poles - Blanket Purchasing Agreement Submitted By: Brad Hicks Background: Pedernales Electric Cooperative, Inc. requires material purchases to support maintenance and growth of our electrical distribution system. PEC seeks to gain efficiency and improve productivity by securing a multi-year materials blanket purchasing agreement, generally 3-year term with 2 optional 1 year extensions. Specifically, the Board may consider authorizing a distribution Wood Poles Blanket Purchasing Agreement for up to 5 years. Financial Impact and Cost/Benefit Considerations: As discussed in Executive Session. Updated: 1/12/2016 12:25 AM by Renee Oelschleger Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Department: Engineering & Energy Innovations Packet PacketPg. Pg.100 97 Page 1 15.A 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-106 Distribution Poles - Blanket Purchasing Agreement - B Hicks BE IT FURTHER RESOLVED, that the amount of Wood Poles BPA not exceed $15,000,000; and BE IT FURTHER RESOLVED, that the term for the Wood Poles BPA not exceed a total of 5 years; and BE IT FURTHER RESOLVED, that the Chief Executive Officer or his designee is authorized to take all such actions as needed to implement this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Paul Graf, District 6 Director Cristi Clement, Paul Graf, Amy Lea SJ Akers, James Oakley Emily Pataki, Kathryn Scanlon, Chris Perry Updated: 1/12/2016 12:25 AM by Renee Oelschleger Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the Wood Poles Blanket Purchasing Agreement (“BPA”) is awarded as discussed in Executive Session; and Packet PacketPg. Pg.101 98 Page 2 15.B 4.A Board of Directors Meeting: 12/17/15 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION 2015-101 DOC ID: 3278 Subject: 2016 Operating Budget & Capital Improvement Plan Submitted By: Tracy Golden Department: Financial Services Background: The Board may consider and adopt an Operating Budget and Capital Improvement Plan for calendar year 2016. Updated: 12/11/2015 4:16 PM by Don Ballard Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) Financial Impact and Cost/Benefit Considerations: Controllable Expenses of approximately $108 million and an additional expenditure of approximately $186 million for CIP is provided for in the 2016 budget. Packet PacketPg. Pg.102 99 Page 1 15.B 4.A Pedernales Electric Cooperative, Inc. Regular Meeting December 17, 2015 RESOLUTION 2015-101 2016 Operating Budget & Capital Improvement Plan - T Golden BE IT FURTHER RESOLVED that the Cooperative adopt the Operating Budget as presented for calendar year 2016; and BE IT FURTHER RESOLVED that the Chief Executive Officer or designee is authorized to take such actions as needed to implement this resolution. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Cristi Clement, District 1 Director Paul Graf, District 6 Director Clement, Pataki, Graf, SJ Akers, Oakley Kathryn Scanlon, Chris Perry Updated: 12/11/2015 4:16 PM by Don Ballard Minutes Acceptance: Minutes of Dec 17, 2015 9:00 AM (Minutes Approval) BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative adopt the Capital Improvement Plan as presented for calendar year 2016; and Packet Pg. 103 100 Page 2 5.A.1 Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3331) DOC ID: 3331 Subject: Director Travel Expense Policy Amendments Submitted By: Don Ballard Department: Legal Services Background: The Board originally adopted a travel expense policy in 2008 and last amended it in June 2014. The Board wishes to institute yearly allocations for directors for travel for business-related conferences, seminars or training. The Board wishes to consider a $5,000 allocation for travel per Board member; this amount reflects an estimate of the costs associated with attending 1 national conference (4 days) and 1 state conference (3 days). Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $35,000 currently included in the Cooperative's 2016 operating budget; expenditures of staff time estimated in amount of 40 hours (other than ordinary processing requirements). ATTACHMENTS: Director Travel Expenses 01-14-2016 FINAL DRAFT (PDF) Annual Calendar Schedule 2016 (PDF) Updated: 1/15/2016 2:08 PM by Aisha N Hagen Packet Pg. 104 Page 1 5.A.1 Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3331) Director Travel Expense Policy Amendments BE IT RESOLVED BY THE BOARD OF DIRECTORS (the "Board") of Pedernales Electric Cooperative, Inc. (the "Cooperative") that the proposed amendment to the Cooperative's Director Travel Expense Policy that was presented to the Board this day is hereby approved, with such changes thereto as may have been made by the Board during the meeting; and BE IT FURTHER RESOLVED that the Chief Executive Officer, or his designees, are hereby authorized and directed to take all such action as may be necessary or desirable to effectuate this resolution. Updated: 1/15/2016 2:08 PM by Aisha N Hagen Packet Pg. 105 Page 2 5.A.1.a Board of Directors Travel & Expense Reimbursement Policy 1. Purpose: This Board of Directors’ Travel and Expense Reimbursement Policy addresses how and when members of the Board of Directors (“Directors”) are reimbursed with PEC funds for travel and other expenses related to PEC business and meetings. PEC requires certain qualifications related to educational and training certifications for Directors. The Board is committed to Director education by seeking appropriate opportunities to advance individual Director knowledge and skills in the electric industry, risk management, and corporate oversight through participation and service in related professional organizations, advanced training, attending state and national association meetings, and gaining certifications or other accreditations. 2. Scope: This Policy applies to Directors. This Policy addresses Director business travel and expense reimbursement. Directors are not provided cash advances for travel or conferences. This Policy does not address Director Compensation. 3. Definitions: Approving Directors – means any 2 of the following, the Chair of the Audit Committee; the Board President; the Board Vice-President; and the Board Secretary/Treasurer. Reimbursement – means the method by which PEC pays a Director for personal, out-of-pocket expenses incurred for Board-approved business expenses, including travel. 4. Policy Statement and Implementation: Directors who use personal, out-of-pocket funds for PEC business travel or other business-related expenses shall be reimbursed in accordance with this Policy. a) Criteria For Reimbursement Approval The Approving Directors, or the full Board when necessary, shall consider and decide whether to approve any Director’s Reimbursement. Advance approval is not required, but, when requested by the Director, may be sought. When considering approval of a request, the following factors may be considered. i) Business purpose of the expense or travel is valid and directly related to official company business and service as a Director of PEC; and does not include unrelated business, personal travel or companion travel expenses; ii) Expenses are in accordance with this Policy, reasonable and necessary and conform to any requirements imposed by the IRS and other regulatory agencies as applicable; and iii) All required accompanying documents are complete and accurate. Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) PEDERNALES ELECTRIC COOPERATIVE, INC. Policy ######## Page 1 of 7 Packet Pg. 106 b) Director Budget Allocation for Training or Conferences i) Budget Allocation. Each calendar year, Directors are budgeted $5,000 for the purposes of attending business-related conferences, seminars, training, and education that are appropriate for service as a Director of PEC. The Budget Allocation includes costs for registration, courses, travel, Per Diem, and all reasonable and necessary costs associated with the event or training. ii) Reimbursement. Yearly Budget Allocations must be submitted for Reimbursement under this Policy. Reimbursement shall be provided only for expenses related to service as a Director and for the Board’s business purpose. Advance approval is not required for use of the budged funds, but, when requested by the Director, may be sought. iii) Additional Budget Allocation. When a Director may or wishes to exceed their yearly Budget Allocation, the Director shall seek advance approval from the Board before any travel or expense. The Director’s request for additional Budget Allocation will be considered and voted on by the entire Board. iv) Exclusions. The yearly Budget Allocation does not include Reimbursement related to PEC meetings or events within PEC’s service territory. The yearly Director Budget Allocation does not apply to costs related to the Credentialed Cooperative Director (“CCD”) designation that is required under PEC Bylaws Article III, § 2(m). c) Request, Review and Approval of Director Reimbursement The following process shall be followed for Reimbursement i) A director seeking Reimbursement for business expenses shall submit a Director Payment Voucher, and any other forms and required receipts within 30 days of the expense, final invoice, or completion of travel ii) All Director Payment Vouchers shall be reviewed for approval by any two of the following Directors, with no director permitted to review or approve their own request: the Chair of the Audit Committee; the Board President; the Board Vice-President; and the Board Secretary/Treasurer (“Approving Directors”). When any two Approving Directors approve the expenses, Reimbursement shall be paid through PEC Accounts Payable. iii) If the Approving Directors are unwilling to approve a Reimbursement request, or if the Approving Directors reject all or part of a request for a Reimbursement, those Approving Directors must provide the requesting Director with written justification for their action within three business days after receipt of the request for Reimbursement. If the requesting Director does not agree with the Approving Directors, then the requesting Director may submit the request for Reimbursement to the entire Board for review or withdraw the Reimbursement request. The entire Board will consider Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) 5.A.1.a Page 2 of 7 Packet Pg. 107 5.A.1.a and vote on whether to approve or disapprove the Reimbursement request. 1. Date the expense was incurred. 2. The location where the expense was incurred (e.g., name of the hotel, restaurant, city, business,). 3. The business purpose for the expense or travel, including the purpose related to service as a Director; and the specific business reason for any expense to which the business purpose does not apply. 4. The starting and ending points of travel for any automobile mileage Reimbursement. 5. The names of all other people whose expenses are covered by the request for a Reimbursement, including their relationship to the Cooperative. v) Any Director seeking Reimbursement shall obtain and provide an itemized receipt for every expense for which a receipt is made available. If a receipt is not issued or is lost, in lieu of the receipt, the Director shall affirm the expenditure and provide a detailed explanation of the expense. d) Other Reasonable and Necessary Expenses i) Reasonable and necessary expenses meeting the Criteria for Reimbursement Approval but not otherwise described by this Policy may be reimbursed when documented and explained to the Board. The Board grants the Approving Directors authority to approve any such Reimbursement to cover reasonable and necessary expenses. ii) Any director may request the entire Board to consider and review any decision regarding a Reimbursement. The Board may affirm or reject the decision of the Approving Directors. iii) In measuring the reasonableness of expenses, the Board may consult the per diem and hotel rates by location, updated each fiscal year by the U.S. General Services Administration and available at http://www.gsa.gov/portal/category/21287. iv) Specific Guidance for Travel A. Lodging. Directors shall seek reasonable lodging based on the location to which they may be traveling. Directors are encouraged to use the Sales/Use Exemption form for lodging and other expenses within the State of Texas. B. When traveling to a conference, a director shall generally stay at the hotel hosting the conference. Exceptions may be considered for the following: Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) iv) Reimbursement requests with a Director Payment Voucher shall identify the following information for each expense: Page 3 of 7 Packet Pg. 108 5.A.1.a Location (regional rates) Lack of available rooms Seasonal rate variations Unexpected, last-minute reservations C. A lodging receipt shall include the name and location of the lodging establishment, dates of stay, and separate amounts for charges such as lodging, telephone calls, meals and incidentals. Meals and incidentals on lodging receipts must be itemized. D. Directors shall be reimbursed for reasonable and actual expenses for laundry services that are necessary due to an absence from home for 4 or more days or when unforeseen circumstances occur and are explained in the trip documentation. E. Directors shall be reimbursed for telephone, fax, and computer connection costs that are reasonable and necessary for conducting company business. F. Air Travel. Directors shall purchase reasonably-priced tickets available using a commercial discount airfare or customary standard (coach or equivalent) airfare. Directors shall make timely reservations to secure advance-purchase pricing. Other expenses such as upgrades, priority boarding, preferred seating, or excess baggage are the responsibility of the Director and are not eligible for reimbursement. G. Rental Cars. Vehicle rental is authorized when it is more practical or less expensive than the use of other transportation. Car-rental company mileage charges are reimbursable, but Directors are not otherwise provided a mileage allowance for distances driven in a rental car. The cost of gas for a rental car is reimbursable. Directors shall accept the insurance coverage offered by the rental car company. The director shall follow the accident notification requirements of the rental car company. If an accident occurs, the director shall notify the Legal Services Department as soon as practicable, but no later than the following business day. H. Private Automobiles. PEC shall Reimburse Directors the standard mileage allowance defined by the IRS for use of a private automobile, based on the actual driving distance by the most direct route. Such Reimbursement is made in lieu of any payment of actual automobile expenses. I. Meals and Incidentals. Either of the two options below may be selected on a per trip basis for Reimbursement. 1. Actual Cost Option. Reasonable and necessary meal and incidental expenses shall be reimbursed at actual cost. Incidental expenses include fees and tips for persons providing services, such as food Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) • • • • Page 4 of 7 Packet Pg. 109 5.A.1.a 2. Per Diem Option. Per Diem rate when traveling to cover all meals and incidentals on a daily basis. The Per Diem rate is based on the US General Services Administration published Per Diem rates. Per Diem rate covers breakfast, lunch, dinner, and incidental costs. To cover meals and incidental costs incurred during travel days, the specific travel day Per Diem rate will be applied. Travel Per Diem rate will be determined by the published travel day rates of the U.S. General Services Administration and available at http://www.gsa.gov/portal/category/21287. J. Combining Company and Personal Travel If a Director takes an indirect route or interrupts a direct route for any reason other than company business, the Cooperative shall reimburse only for the portion required for business purposes. When the Cooperative prepaid the airfare or rental car, the Director shall reimburse the Cooperative for the PEC-unrelated portion of the expense. Weekends, holidays or other necessary diversions or layovers shall be eligible for Reimbursement when required for business or will result in safer or more reliable or cost efficient travel. e) Expenses that are Not Reimbursable The following expenses are presumed not to be Reasonable or Necessary. These expenses are not eligible for Reimbursement unless the Board makes and enters into the minutes an affirmative determination that such an expense is reasonable and necessary, including a description of the circumstances and justification for that determination: i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. xii. xiii. Alcohol Child care Dues in private clubs Golfing or green fees Gym and recreational fees, including massages and saunas In-room movies and mini-bar charges Life insurance, flight insurance, personal automobile insurance and baggage insurance Loss/theft of cash, airline tickets, personal funds or property Lost baggage or excess baggage charge for personal items "No-show" charges or penalties for flights, hotel and car service if incurred due to non-business related changes in schedules Parking or traffic fines Personal automobile repairs, grooming services, shoe shines Personal credit card annual fees or interest charges Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) servers, hotel housekeeping and luggage handlers, ground transportation, and other reasonable and necessary expenditures, including books, supplies, meeting expenses, parking, tolls, and cab fares. Page 5 of 7 Packet Pg. 110 xiv. xv. xvi. xvii. xviii. xix. xx. Charges for personal telephone calls in excess of reasonable calls Personal travel portion of a business trip Pet care Tips or service gratuities in excess of 20% Unauthorized car rentals, registration fees, etc. Discretionary upgrades (air, hotel, car, etc.) Expenses of any person other than the Director, any other Director, employee of the Cooperative, or other person when for a documented and prudent business purpose. 5. Procedure Responsibilities The Board implements this Policy. The Board and Approving Directors shall utilize a Director Payment Voucher to document Reimbursements. The Approving Directors, Legal Services, and Finance shall assist the Board in Reimbursement responsibilities. Finance shall make payments through regular Accounts Payable procedures. Each calendar year, Legal Services and Finance shall report to the Board on Director Reimbursements. 6. Enforcement The Board of Directors enforces this Policy. 7. Superseding Effect This Policy supersedes all previous policies and memoranda concerning the subject matter. Only the Approver may authorize exceptions to this policy. 8. References and Related Documents: Director Compensation Policy Employee Expense Reimbursement & Travel Policy Travel Policy U.S. General Services Administration federal travel rates and policies available at http://www.gsa.gov/portal/category/21287 (visited January 11, 2016) Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) 5.A.1.a Page 6 of 7 Packet Pg. 111 5.A.1.a Policy Number: Review Frequency: Last Reviewed: Date Adopted: Effective Date: Amendment Dates: Director Expense & Travel Reimbursement Policy Approver: Every 3 years June 21, 2014 May 19, 2008 March 1, 2016 December 8, 2008, November 21, 2011, May 21, 2012, June 18, 2012, August 19, 2013, June 21, 2014 Board of Directors Applies to: Board of Directors Administrator: Board of Directors, Legal Services, Finance This Policy supersedes all previous policies and memoranda concerning the subject matter. Only the Approver may authorize exceptions to this policy. Superseding Effect Attachment: Director Travel Expenses 01-14-2016 FINAL DRAFT (3331 : Director Travel Expense Policy Amendments) Policy Title: Page 7 of 7 Packet Pg. 112 DATE(S) DESCRIPTION January 11-13 TEC Directors Conference January 11 PEC Special Board Mtg of the Committees January 19 TIME HOTEL/LOCATION CITY/STATE Westin Riverwalk San Antonio, TX 9:00 AM PEC Auditorium Johnson City, TX PEC Board Meeting 9:00 AM PEC Auditorium Johnson City, TX February 22 PEC Board Meeting 9:00 AM PEC Auditorium Johnson City, TX February 11-14 NRECA Pre-Meeting Director Training Hilton New Orleans Riverside New Orleans, LA February 14-17 NRECA Annual Meeting Ernest N. Morial Convention Center New Orleans, LA March 21 PEC Board Meeting PEC Auditorium Johnson City, TX April 2-5 NRECA Directors Conference JW Marriott Austin Austin, TX April 6-7 CoBank 2016 Southwest Customer Meeting Hyatt Regency Lost Pines Austin, TX April 11-14 SEPA Utility Solar Conference Grand Hyatt Denver Denver, CO April 18 PEC Board Meeting May 1-3 NRECA Legislative Conference May 16 PEC Board Meeting June 5-8 9:00 AM 9:00 AM Johnson City, TX Hotel TBA Washington, DC PEC Auditorium Johnson City, TX CFC Forum Washington State Convention Center Seattle, WA June 25-30 NRECA Summer School West Snow King Resort Jackson Hole, WY June 18 PEC Annual Meeting 10:30 a.m. Dripping Springs High School Performing Arts Center Dripping Spring, TX June 20 PEC Board Meeting 9:00 AM PEC Auditorium Johnson City, TX July 11-13 SEPA National Town Meeting Ronald Reagan Bldg & International Trade Center Washington, DC July 12-14 CoBank 2016 Energy Directors Conference Broadmoor Hotel Colorado Springs, CO July 15-20 NRECA Summer School East Sheraton Myrtle Beach Convention Center Hotel Myrtle Beach, SC July 18 PEC Board Meeting PEC Auditorium Johnson City, TX July 31-Aug 3 TEC Annual Meeting La Cantera San Antonio August 15 PEC Board Meeting PEC Auditorium Johnson City, TX Aug 31 - Sept 2 CoBank 2016 Energy and Water Executive Forum Broadmoor Hotel Colorado Springs, CO September 19 PEC Board Meeting PEC Auditorium Johnson City, TX October 11 NRECA Director Education Union Station Hotel by Double Tree St. Louis, MO October 12-13 NRECA Region VIII & X Meeting Union Station Hotel by Double Tree St. Louis, MO 9:00 AM 9:00 AM 9:00 AM 9:00 AM Attachment: Annual Calendar Schedule 2016 (3331 : Director Travel Expense Policy Amendments) 5.A.1.b 2016 Board Schedule of Meetings and Conferences 1/12/2016 Packet Pg. 113 October 17 PEC Board Meeting November 7-9 CFC IBES November 21 PEC Board Meeting December 2-7 NRECA Winter School for Directors December 19 PEC Board Meeting Coop Connect Location Headquarters Bertram Canyon Lake Cedar Park Engineering Junction Kyle Liberty Hill Marble Falls Oak Hill 9:00 AM 9:00 AM 9:00 AM Time 11:20pm & 12:30pm 12 p.m. 12 p.m. 12 p.m. 12 p.m. 12 p.m. 12 p.m. 12 p.m. 12 p.m. 12 p.m. PEC Auditorium Johnson City, TX Belmond Charleston Place Hotel Charleston, SC PEC Auditorium Johnson City, TX Gaylord Opryland Resort Nashville, TN PEC Auditorium Johnson City, TX Dates Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 Dates have not been sent for 2016 *****There may be additional SEPA events announced at a later date.***** Attachment: Annual Calendar Schedule 2016 (3331 : Director Travel Expense Policy Amendments) 5.A.1.b 2016 Board Schedule of Meetings and Conferences 1/12/2016 Packet Pg. 114 5.B.1 Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3354) DOC ID: 3354 Subject: Proposed Amendment to Election Policy and Procedures Relating to Voter History Information Submitted By: Renee Oelschleger Department: Legal Services Background: The Board considered an amendment to the Election Policy and Procedures allowing for release of voter history information to Board director candidates. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $0 including the Cooperative’s 2016 operating budget; expenditures of staff time estimated in the amount of two (2) hours (other than ordinary processing requirements). ATTACHMENTS: Proposed Amendment to Election Policy and Procedures Updated: 1/15/2016 12:52 PM by Aisha N Hagen (PDF) Packet Pg. 115 Page 1 5.B.1 Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3354) Proposed Amendment to Election Policy and Procedures Relating to Voter History Information NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, the amendment to the Election Policy and Procedures at paragraph 7.12.1 regarding voter history information is approved and adopted by the Board; and BE IT FURTHER RESOLVED that the Chief Executive Officer, or his designee, is authorized to take such actions as needed to implement this resolution. Updated: 1/15/2016 12:52 PM by Aisha N Hagen Packet Pg. 116 Page 2 Proposed Amendment to PEC Elections Policy & Procedures Relating to Voter History Information (Add new Section 7.12.1) Candidates Access to Voting History. After a Candidate has been duly qualified and approved to be listed on the ballot, the Candidate may request and be provided a Voter History List that contains only the names and mailing addresses of Members who voted in the election immediately preceding the current Election (i.e., email address and/or telephone number and other personal information is not to be provided). The Voter History List shall not contain any information that could indicate or otherwise reveal any selections made by the Member in the election (for example, for whom the Member voted or how the Member voted on any question). To obtain the Voter History List, a Candidate must request this information by contacting the PEC Election Liaison. The candidate must affirm in a sworn, notarized affidavit to use the list only as directly related to the PEC Board of Directors election and for no other purpose. Attachment: Proposed Amendment to Election Policy and Procedures (3354 : Proposed Amendment to Election Policy and Procedures 5.B.1.a Packet Pg. 117 6.A Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3346) DOC ID: 3346 Subject: 2016 Election Timeline Revisions Submitted By: Aisha N Hagen Department: Legal Services Background: Dates on Board approved 2016 Election Timeline have been revised to coincide with scheduled February Regular Board Meeting date of February 22, 2016. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $0 currently included in the Cooperative's 2016 operating budget; expenditures of staff time estimated in amount of 0 hours (other than ordinary processing requirements). ATTACHMENTS: 2016 Election Timeline FINALRevised 1-19-16 (PDF) Updated: 1/13/2016 2:58 PM by Renee Oelschleger Packet Pg. 118 Page 1 6.A Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3346) 2016 Election Timeline Revisions - D Richards BE IT RESOLVED BY THE BOARD OF DIRECTORS that the 2016 Election Timeline with revisions be approved as attached. Updated: 1/13/2016 2:58 PM by Renee Oelschleger Packet Pg. 119 Page 2 6.A.1 Item Annual Decision (Election Services Contract) Establish Annual Meeting Date and Location Section Party Due Date 11/13/2015 Upon approval of the Election Timeline 1/19/2016 None specified/continuing 1/19/2016 At least 5 months prior to Annual Meeting 1/19/2016 At least 5 months prior to Annual Meeting 1/19/2016 At least a week before the Regular Board meeting 4 months prior to an election 2/15/2016 Before the February Regular Board Meeting (timeline reflects Board packet deadline). 2/15/2016 6.2.1.6 BOD/QC At the Regular Board meeting 4 months before an election 2/22/2016 Candidate 6.2.1.4 Applicants/BRS At or before 5 p.m. on the last business day falling 82 days or more before the date of the Annual Meeting 3/28/2016 GC/BOD 3.1 BOD Present Election Timeline 3.2 GC Communications plan presented to the Board of Directors 7.3 Communications Department Approve Election Timeline 3.2 BOD GC/Communicatio ns/IT/Board Conduct Internal Coordination Recording Meeting and Establish PEC Election 3.3 Secretary/Legal/M Team ember Services/SBS Retain Background Verifier 6.2.1.7 GC Post and make available Ballot BRS/Communicati Materials and Nomination 6.2.1.1.1 ons/Member Application Services Direct the General Counsel to 6.1 BOD prepare proposed Non-Director Election items Send Quality Control steps to the General Counsel Board will appoint the Qualifications and Elections Committee Candidate Application to be delivered to the Board Recording Secretary at PEC Headquarters in Johnson City Qualifications and Elections Committee Meeting Date 2015-2016 Deadline** At or before the August Regular Board Meeting At or before the August Regular Board Meeting At least 6 months prior to Annual Meeting At or before the January Regular Board Meeting At least 5 months prior to Annual Meeting 4.1 Director will submit to the Board Recording Secretary the name of a person or persons residing in the Director’s District eligible and willing to serve on the Qualifications and Elections Committee (Revised 1/19/16) 6.2.1.6 BOD/BRS 7.13 SBS/GC QEC/OGC/BRS Candidate 7.1, 7.6 Applicants/PEC staff Election withdrawal deadline for Candidate 7.2 removal from Ballot Applicants Presentation and approval of Qualifications and 6.2.1.9, Candidate slate, Ballot, and any NonElections 6.2.1.10 Director Election items Committee /GC Candidate Candidate Forum 7.5 Applicants/PEC (Candidates video recording) staff Candidate Orientation and Candidate photographs 1 2/17/2015 8/18/2015 1/11/2016 1/19/2016 4/12/2016 The week preceding the April Regular Meeting of the Board 4/13/2016 Before Board approval of Ballot 4/18/2016 At least 2 months prior to an election 4/18/2016 On the Thursday after the Ballot is approved by the Board 4/21/2016 Attachment: 2016 Election Timeline FINALRevised 1-19-16 (3346 : 2016 Election Timeline Revisions) 2016 Election Timeline Packet Pg. 120 6.A.1 Item Section Party (Revised 1/19/16) Due Date 2015-2016 Deadline** Mailing of Ballots 7.4.1 SBS Delivered between 25 and 30 days before the Annual Meeting* 5/19/2016 Online voting site goes live 7.4.2 SBS 30 days before the Annual Meeting 5/19/2016 Initial voting email notifications 7.4.3 SBS 5/19/2016 Supplemental mailing of ballots to Members since previous mailing Between 25 and 30 days before the Annual Meeting 7.4.1 SBS/IT As specified in this timeline 5/26/2016 Update on voter turnout 7.12 GC Update on voter turnout 7.12 GC Supplemental mailing of ballots to Members since previous mailing 7.4.1 SBS/IT Reminder voting emails 7.4.3 SBS Update on Voter Turnout 7.12 GC Deadline for mailing or webcasting advance ballots 8.4 SBS Eight days before Annual Meeting 6/10/2016 Record Date for Casting Ballot at Annual Meeting, transmittal by PEC of Members eligible to vote to SBS 5.2 IT Close of business four business days before Annual Meeting 6/14/2016 Pre-Annual Meeting Quality Control 7.14 SBS Post-Tabulation, Pre-Announcement Quality Control 8.8 SBS Announcement and Certification 8.9 SBS Post-Election Director Acknowledgments 8.10 BOD District-by-District Results 9.1 SBS Post-Election Analysis 9.2 GC Once weekly after ballots are initially mailed Once weekly after Ballots are initially mailed As specified in this timeline Dates to be determined each year when timeline presented to the Board of Directors Once weekly after ballots are initially mailed At the close of the final business day before the Annual Meeting On the date of Annual Meeting after the results are tabulated On the date of Annual Meeting after the results are tabulated On the date of Annual Meeting after the meeting has concluded Within five business days of the Annual Meeting Within two months after the Annual Meeting 5/26/2016 6/2/2016 6/2/2016 5/26/2016 6/2/2016 6/9/2016 6/17/2016 6/18/2016 6/18/2016 6/18/2016 6/24/2016 8/18/2016 *Ballots are mailed for intended delivery to Members on the first day of voting period. It is anticipated that U.S. addresses will be mailed 3 days in advance and international addresses 10-15 days in advance of the first day of voting. **Dates listed here are subject to change due to aligning dates of the Board of Directors Meetings 2 Attachment: 2016 Election Timeline FINALRevised 1-19-16 (3346 : 2016 Election Timeline Revisions) 2016 Election Timeline Packet Pg. 121 Attachment: 2016 Election Timeline FINALRevised 1-19-16 (3346 : 2016 Election Timeline Revisions) 6.A.1 3 Packet Pg. 122 Attachment: 2016 Election Timeline FINALRevised 1-19-16 (3346 : 2016 Election Timeline Revisions) 6.A.1 4 Packet Pg. 123 6.C.1 1st Proposal (Absolute): Amend Article II, Section 3, to read as follows: Section 3. Open Meetings. A Member has the right to attend and speak at every regular, special, or called meeting of the Board of Directors and its committees, except for executive sessions as allowed by policy and law. All meetings shall be called with proper notice, and any final action, decision, or vote on a matter shall be made in an open session. 2nd Proposal (With Limitations) Amend Article II, Section 3, by adding a new, second paragraph as follows: A Member has the right to speak at every regular meeting of the Board, and as otherwise allowed by the board, pursuant to any Open Meetings and/or Decorum policy of the Board. 3rd Proposal (Designated Times) Amend Article II, Section 3, by adding a new second paragraph as follows: The Board shall, from time to time, designate specific opportunities at its board meetings in order to allow Members to address the Board, pursuant to any Open Meetings andor Decorum policy of the Board. Attachment: Proposed Amendment to PEC Articles of Incorporation (3348 : 2016 Election and Ballot Initiative Update - D Richards) PROPOSED AMENDMENT TO PEC ARTICLES OF INCORPORATION Packet Pg. 124 6.D Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3325) DOC ID: 3325 Subject: Direct Outside General Counsel to Prepare 2016 Ballot Item(s) - D Richards Submitted By: Renee Oelschleger Department: Legal Services Background: Section 6.1 of the Election Policy and Procedures provides that "The Board may, from time-to-time, submit matters under consideration by the Board to a vote of the Members. The vote in any such Non-Director Election shall be advisory only, except in such cases where a vote of Members is required by law or the PEC Bylaws, such as a vote to amend the PEC Articles of Incorporation. No later than the Regular Board Meeting 5 months prior to an election, the Board will direct the General Counsel to prepare proposed Ballot wording for any items to be put to a vote in a Non-Director Election. Any such matters will be presented by the General Counsel in a way to enhance Member understanding of such measures, including any Board recommendation or position concerning such a vote." The Board may now wish to consider whether any Non-Director elections items shall be placed on the 2016 election ballot. HISTORY: 01/11/16 Board of Directors DEFERRED Next: 01/19/16 Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $0 currently included in the Cooperative's 2016 operating budget; expenditures of staff time estimated in amount of 0 hours (other than ordinary processing requirements). Updated: 1/8/2016 3:35 PM by Renee Oelschleger Packet Pg. 125 Page 1 6.D Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3325) Direct Outside General Counsel to Prepare 2016 Ballot Item(s) - D Richards BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Outside General Counsel of the Cooperative is hereby directed to prepare proposed ballot wording for consideration by the Board of Directors on the following Non-Director Election (as defined in the Cooperative's Election Procedures) matter(s): _______; and BE IT FURTHER RESOLVED that, in accordance with Section 6.1 of the Election Procedures, the ballot wording will be presented in a way to maximize Members' understanding of the Non-Director Election matter, including any Board recommendation or position concerning the matter; and BE IT FURTHER RESOLVED that the Board votes to [support/oppose] the proposed NonDirector Election matter and the Outside General Counsel is directed to draft proposed ballot language that reflects the Board's position; and BE IT FURTHER RESOLVED that this proposed Non-Director Election matter shall not be included on the ballot unless and until a majority of the Directors votes to affirmatively place the matter on the ballot and approves the ballot wording. Updated: 1/8/2016 3:35 PM by Renee Oelschleger Packet Pg. 126 Page 2 7.A.2.a January Corporate Services Board Report Safety Department Our First Aid, CPR/AED and Blood-Borne Pathogens training of PEC employees has come to a close for 2015 with 546 employees receiving the training. This training, new for some employees and a refresher for others is conducted biannually. A best practice first-aid program emphasizes having someone who is trained in the delivery of initial medical emergency procedures, using a limited amount of equipment to perform a primary assessment and intervention while awaiting arrival of emergency medical services (EMS). The Block and Tackle system was invented in Ancient Greece, circa 250 B.C by scientist and mathematician Archimedes. Today various configurations of the original concept are used daily by our field personnel. Trading force for distance the block and tackle system will, among many other uses, raise and lower transformers, cross-arms and conductors. One of the most common configurations is known as the handline and is extremely vital in a pole top, bucket truck or confined space rescue of an injured employee. A recent invention of a component followed by a modification to the “block” is changing our normal work practices to be more efficient and safe efficient. However one of the biggest impacts of this new design, known as the OX Block allows our lineworkers to perform a “rescue” in a shorter amount of time i.e. 2550% then with the traditional equipment. Cody Jennings, a PEC Electrical Safety Instructor is conducting advanced specialized training to our field workers to educate our employees on how to implement this in their everyday work. The training, titled “Mechanical Advantage” teaches and reinforces knowledge of block and tackle concepts, leverage and capstan hoist installation among other theories and application. This training, both classroom and field application is scheduled for each district. Our Pole Top Rescue training for 2015 was completed in December. The training is required annually for employees working in the field and is basically a demonstration of proficiency of the skills a lineworker will need to perform a rescue in the event of an emergency. A satisfactory performance requires a lineworker to complete the task within 4-6 minutes. Our summary of 2015 revealed that 97% of the lineworkers are proficient in Pole Top Rescue. Our instructors are coordinating one-on-one training sessions at each district to assist the 3% that were timed outside of the 6 minute time-frame. An Arc Flash Event from a short circuit can expel large amounts of deadly energy with temperatures in excess of 35,000 degrees Fahrenheit. To further extend our safety equipment availability for use by our employees that work in proximity to those hazards Arc Flash Face-shields are now issued. Attachment: 2016 January CS safety report [Revision 2] (3330 : Corporate Services Report) SAFETY ACCOMPLISHMENTS & TRAINING Darrell Hall, a PEC Electrical Safety Instructor is conducting training on the OSHA regulations for the use of this equipment. The training includes application, wear and maintenance requirements for those employees to be issued the equipment. Packet Pg. 127 7.A.2.a January Corporate Services Board Report Safety Department SAFETY PERFORMANCE METRICS The Safety Department monitors trends and responds to potential safety hazards in the workplace. The two industry standards utilized to measure safety performance include: • TCIR = The Total Case Incident Rate calculated as: Total number of recordable injuries/illnesses x 200,000 / man-hours worked • DART = Days Away Restricted Time calculated as: Total number of injuries/illnesses that result in Lost Time or Restricted Duty x 200,000 / man-hours worked ü Total Man-hours worked in this YTD Period (01/01/2015 – 12/31/2015): 1,374,264.16 ü Total Man-hours worked in December: 130,984.24 ü ALL Recordable injuries/illnesses in this YTD Period (01/01/2015 – 12/31/2015): 9 *All Lost Time, Recordable Injuries, & Restricted Duty cases We are pleased to report continued improvement with our TCIR and DART performance! TCIR TCIR ending KPI TCIR ending PEC’s TCIR Goal Period 12/31/2014 12/31/2015 Total OSHA-recordable injuries/illnesses DART Total lost time and restricted duty injuries/illnesses 2.15 1.31 <2.7 DART ending 12/31/2014 DART ending 12/31/2015 PEC’s DART Goal 1.97 0.73 <1.0 December Safety Information - YTD Number of Lost-time Injuries *All Lost Time Accidents are OSHA Recordable Other OSHA & Recordable Injuries *All Recordable Injuries & Restricted Duty cases are OSHA Recordable Number of Non-Recordable First Aid / Incident This Month Year to Date This Month Year to Date This Month Year to Date 2015 2014 0 2 1 7 1 8 1 4 2 8 0 6 Attachment: 2016 January CS safety report [Revision 2] (3330 : Corporate Services Report) A “Protective Grounding Principals” class was presented to the Systems Engineering group. Jim Vaughn from Atkinson Power and Light presented this topic teaching both theory and application to the attendees. A thorough understanding of this procedure is vital as it determines when power line and/or substation equipment is safe to perform work upon. The presentation was customized to include more content related to substation and transmission line scenarios. Packet Pg. 128 7.A.2.a Number of Vehicle Accidents Number of Employees Trained * Online & Instructor Led Number of Training Sessions Held *How many instructor led safety training sessions we provided Class Attendance *How many seats were filled throughout all Instructor led sessions This Month Year to Date This Month Year to Date This Month Year to Date This Month Year to Date 3 12 166 646 17 176 209 4,519 0 22 177 755 12 349 186 5,779 *current Learning Management System has not been receiving new hire updates since June 2015 December Statistics Lost Time: • None OSHA Recordable Injuries: • An employee was changing parts on a hydraulic hand tool when it activated, smashing the employees finger. Non-Recordable First Aid / Incident: • A hydraulic hose failed internally creating a pin hole in the hose. When valve was opened for the tool use the pressure of the fluid caused puncture in hand through employee’s leather work gloves. Vehicle Accidents: • 2 incidents related to animal collision resulted in minor damage to PEC service vehicles. • PEC service vehicle received minor damage as a result of collision with another vehicle. Attachment: 2016 January CS safety report [Revision 2] (3330 : Corporate Services Report) January Corporate Services Board Report Safety Department Packet Pg. 129 Operations Update January 19th, 2016 Wayne McKee VP of Operations Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : 7.A.3.a Packet Pg. 130 • Monthly and Annual Operations Metrics 7.A.3.a Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : AGENDA Reliability: SAIDI- System Average Interruption Duration Index Reliability: SAIFI- System Average Interruption Frequency Index Reliability: ASAI- Average Service Availability Index System Growth: Line Extensions and Total Active Meters Growth: Net Meter Count by District Meter Growth: 2014/2015 Inventory: Material Issued 5 Year Materials Trend: Materials Issued by District Packet Pg. 131 SAIDI - System Average Interruption Duration Index 2015 Final 63.2 min Silver SAIDI = (Restoration Time x Customers Interrupted) / Total Customers Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : 7.A.3.a Packet Pg. 132 7.A.3.a SAIFI Interruptions Excluding Planned, Transmission, ERCOT, Fire Marshall, and Major Events Events 2015 Final .806 events The System Average Interruption Frequency Index (SAIFI) is a system reliability measurement that shows how often a customer experiences an outage during the time period. The SAIFI is calculated by dividing the total number of customers interrupted by the total number of customers served. SAIFI = Customers Interrupted / Total Customers Served Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : SAIFI - System Average Interruption Frequency Index Packet Pg. 133 ASAI - Average Service Availability Index The Average Service Availability Index (ASAI), also known as the Service Reliability Index, is the ratio of the total number of customer hours that service was available during a given time period to total customer hours demanded. This measurement represents system up-time. ASAI = Total Customer Hours Demanded – Customer Outage Time Total Customer Hours Demanded Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : 7.A.3.a Packet Pg. 134 System Growth - Line Extensions / Meter Count Exceeded ~275,000 meters Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : Total Active Meters 7.A.3.a Packet Pg. 135 Growth - Net Meter Count by District Total Accounts 67,819 45,600 42,792 32,556 32,115 31,532 14,481 8,385 275,280 % of Total 24.6% 16.6% 15.5% 11.8% 11.7% 11.5% 5.3% 3.0% 100% Monthly Growth 163 208 228 47 87 167 52 -2 950 % of Montlhy Growth 17.2% 21.9% 24.0% 4.9% 9.2% 17.6% 5.5% -0.2% 100% Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : As of December 31, 2015 Cedar Park Oak Hill Kyle Marble Falls Canyon Lake Liberty Hill Bertram Junction 7.A.3.a Top 3 Growth In December Packet Pg. 136 Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : Meter Growth 2014-2015 7.A.3.a Packet Pg. 137 Inventory Material Issued 2015 Final: $35,877,138 2014 Final: $35,157,143 2014-2015 Material Comparison Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : 7.A.3.a Packet Pg. 138 Attachment: 0119_January_2016 Operations Update - December 2015 Activity (3340 : 5 Year Materials Trend 7.A.3.a Packet Pg. 139 7.A.4.a Engineering Summary Report December 2015 Month SAIDI (min) SAIDI, Rolling 12 Month Total (min) SAIFI CAIDI (min) Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec 3.8 2.1 5.7 2.7 15.1 5.4 2.7 3.9 2.5 13.1 3.2 4.3 40.9 41.3 44.6 42.7 51.5 54.5 52.6 54.4 51.5 61.2 60.9 63.2 0.04 90.7 .03 77.7 .08 74.8 0.05 59.1 0.15 103.1 .09 62.4 .05 54.7 0.07 58.7 0.06 42.4 .08 157.2 .04 72.7 .08 53 2015 DISTRIBUTION IMPROVEMENT PROJECTS SUBSTATION CONSTRUCTION PROJECTS In Design T320 Hwy 32-Wimberley Trading Post Breaker Add Whitestone Tie Breaker Raise T524 Buda Overpass In Construction Completed Projects SJ Feeder Breaker Glasscock Fdr Breaker T327 Relocation T523 Structure 8 Replacement Fischer Tie Breaker Install Nameless T1/T2 Upgrade Antler T1/T2 Upgrade T524/T466 OPGW DE Repl Flatrock Substation Upgrade Canyon T3 Addition Goforth T1 Upgrade Marshall Ford Breakers Manchaca URD Repl Kent St T2 Addition Cranes Mill/Hwy32 PT Design Pending In Design In Construction YTD Completions Cancelled Total Projects 1 18 35 10 0 Rollovers/Multi-year 2015 New 32 64 32 Outages Johnson City Cap Bank Bertram T2 Addition Purgatory Road Substation SPCC Transformer Yard Top Three Causes Number of Outages Members Affected Scheduled Equipment Weather 231 4,046 121 10,285 84 3,043 For the month of December 2015 the outages affected in all 32,811 members. The total outage time was 874 hours, with a member outage time of 31,010 hours. Centex Breaker Repl NEW LINE EXTENSIONS Completed In 2012 2013 2014 2015 JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY AUGUST 354 432 605 571 404 600 662 643 397 906 713 716 497 771 907 1022 433 774 873 814 514 797 937 994 501 825 872 1080 469 799 939 892 SEPTEMBER OCTOBER 144 613 820 942 402 715 782 324 NOVEMBER DECEMBER YTD 357 639 627 445 381 615 586 663 4853 8486 9323 9106 Attachment: Engineering Summary Report (December) (3313 : Engineering and Energy Innovations Report - B Hicks) RELIABILITY (Forced) Packet Pg. 140 7.A.4.a Pole Inspection Program Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Total Poles Inspected 2015 YTD Total Poles Rejected 2015 YTD Percentage of Poles Rejected Reject Poles at Start of Month Reject Poles Replaced/Repaired Comments 8,589 15,316 21,165 26,988 34,267 34,267 37,013 44,833 49,748 53,956 64,013 69,524 302 465 663 761 989 989 1,093 1,291 1,539 1,794 2,610 2,994 3.5% 3.0% 3.1% 2.8% 2.9% 2.9% 3.0% 2.9% 3.1% 3.3% 4.1% 4.3% 4420 4171 3999 3927 4415 3530 3075 2979 3028 2817 3636 3866 124 249 172 186 150 885 455 397 143 208 285 154 Note Osmose began the 2014 inspections in November with the goal of inspecting 114k by end of 2016. These numbers are affecting the Reject Poles at the Start of Month. 137 Poles were replaced in June by contractor, 3 in Cedar Park and 26 in Bertram replaced by the District crews, the remaining 719 poles were field identified by Schneider Engineering as repaired/replaced and by extracting the pole prikey from UC on 6-26-15 to help me identify any straggler poles that were submitted to existing in UC. 223 Poles were replaced in July and the remaining count were identified as replaced/repaired/removed by Schneider Engineering or replaced by the district as a priority pole. 397 poles includes (223 C-truss, 7 priority and 164 backlog poles). No C-truss work was done this month but will continue in Octorber. (109 backlog poles and 34 priority poles). 165 Poles replaced and 43 repaired in October. A total of 285 poles were repaired or replaced in the month of November. A total of 154 poles were repaired or replaced in December. ERCOT Control Center Activity Advisory for Physical Responsive Capability < 3000 MW Watch for Physical Responsive Capability < 2500 MW Level 1 of Energy Emergency Alert (EEA) < 2300 MW Level 2a of EEA < 1750 MW Level 2b of EEA < 60 Hz Level 3 of EEA < 59.8 Hz (Rolling Blackouts) 0 0 0 0 0 0 Unique Events Completed annual equipment operational cycling at five [5] substations: Graphite Mine, Henly, Hwy 32, and Horseshoe Bay. Substation crews completed 25KV breaker maintenance on eight [8] substation oil breakers. Pike contractor performed maintenance on five [5] 138KV gas breakers. Substation crews converted the Balcones T2 transformer to 25KV during the Cedar Park voltage conversion of BL-90. Switched all load back to normal after conversion. Substation crews performed relay calibration on Bus Differential and Line Differential relays at Hwy 32. Substation crew repaired hot spots on the capacitor banks at Leander and Lago Vista identified by infra red surveys. Substation crews switched out and isolated T1 at Fischer for a construction project to add a total breaker, a tie breaker, and a transfer bus tie switch. Substation crew assisted the Canyon district with permanently transferring part of FO-150's load to idle breaker FO-140 out of Fair Oaks substation. Substation crew provided training to the Cedar Park district on using the automatic racking system on metal clad breakers in their district. Attachment: Engineering Summary Report (December) (3313 : Engineering and Energy Innovations Report - B Hicks) Engineering Summary Report December 2015 Packet Pg. 141 CONFIDENTIAL/CLOSED ITEM (Page 142-144) 7.A.4.c The following table and graph indicates the Statistical Interruption Time per Meter during a rolling 12 month period previous to and including the month indicated. This is also referred to as the System Average Interruption Duration Index or SAIDI. The number values represent Interruption Time in Minutes. The two KPI periods are January 1 - June 30 and January 1 - December 31 Interruptions Exclude Planned, Transmission, Fire Marshall and Major Weather. Year 2012 2013 2014 2015 Interruption SAIDI Excluding Planned, Transmission, Fire Marshall and Major Weather Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 43.6 38.0 42.8 41.7 45.0 46.9 52.0 51.7 51.1 50.7 49.4 57.5 62.1 61.4 64.3 64.6 65.0 63.0 61.7 62.5 72.3 73.8 61.1 56.0 53.8 54.9 53.2 50.2 48.0 47.5 48.0 38.2 38.5 40.9 41.3 44.6 42.7 51.5 54.5 52.6 54.4 51.5 61.2 60.9 Dec 55.8 64.8 38.7 63.2 80.0 70.0 SAIDI (Minutes) 60.0 50.0 40.0 30.0 20.0 10.0 0.0 Jan Feb Mar 2012 SAIDI Apr May Jun 2013 SAIDI Jul Aug Sep 2014 SAIDI Oct Nov Dec 2015 SAIDI Note: 2015 Platinum is 27 minutes per meter from January 1 through June 30 Gold is 30 minutes per meter from January 1 through June 30 Silver is 33 minutes per meter from January 1 through June 30 Platinum is 54 minutes per meter from January 1 through December 31 Gold is 60 minutes per meter from January 1 through December 31 Silver is 66 minutes per meter from January 1 through December 31 Attachment: SAIDI Indicator for 2014-2015 (3313 : Engineering and Energy Innovations Report - B Hicks) Rolling 12 Month SAIDI Reliability Indicator Packet Pg. 145 Energy Usage and Average Temperature Rolling 2 Year Comparison (Monthly) 700,000,000 100 PEC System Total kWh (non billing data) 600,000,000 90 550,000,000 500,000,000 80 450,000,000 400,000,000 70 350,000,000 300,000,000 60 250,000,000 200,000,000 50 150,000,000 100,000,000 50,000,000 40 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Monthly KWH - 01/14 thru 12/14 Monthly KWH - 01/15 thru 12/15 Average Temperature - 01/14 thru 12/14 Average Temperature - 01/15 thru 12/15 Dec Monthly Avg. Temp. Degrees F. (Johnson City) 650,000,000 Attachment: Temperature (monthly) December 2015 (3313 : Engineering and Energy Innovations Report - 7.A.4.d Packet Pg. 146 12/28/15 12/14/15 11/30/15 11/16/15 140,000,000 11/2/15 10/19/15 10/5/15 9/21/15 9/7/15 8/24/15 Air Temp. Air Temp. PEC System kWh 120,000,000 100,000,000 Air Temp. PEC System kWh 40,000,000 80 70 60 50 40 30 60,000,000 20 10 Avg Air Temperature degrees F. (Johnson City) Weekly PEC System kWh (non billing data) vs Weekly Avg Air Temp 110 100 90 Attachment: Temperature (weekly) December 2015 (3313 : Engineering and Energy Innovations Report - B Week Beginning With... 8/10/15 PEC System kWh 7/27/15 7/13/15 80,000,000 6/29/15 6/15/15 6/1/15 5/18/15 5/4/15 160,000,000 4/20/15 4/6/15 3/23/15 3/9/15 2/23/15 2/9/15 1/26/15 1/12/15 180,000,000 12/29/14 12/15/14 12/1/14 11/17/14 11/3/14 PEC System kWh (non billing data) 7.A.4.e Packet Pg. 147 Engineering & Energy Innovations Volt/VAR Optimization - Update January 19, 2016 Bradley H. Hicks Vice President, Engineering and Energy Innovations Attachment: 2016_19_Jan_Volt Var Optimization Update (3313 : Engineering and Energy 7.A.4.f Packet Pg. 148 Volt / VAR Optimization Pilot • System is operating in monitor mode (receiving voltage readings from Bellwether meters) • OSI (SCADA Vendor) – performing system configuration • Revised go-live scheduled for February 15, 2016 • Detailed update April 2016 Attachment: 2016_19_Jan_Volt Var Optimization Update (3313 : Engineering and Energy 7.A.4.f Packet Pg. 149 Power Supply and Energy Services Update January 2016 Ingmar Sterzing V.P. Power Supply & Energy Services Pedernales Electric Cooperative Attachment: BOD Power Supply and Energy Services Rpt JAN16 BOD Meeting_v3 (3351 : 7.A.5.a Packet Pg. 150 1 Power Supply Summary PEC Peak Demand (Dec. & 2015) – 967 MW on 12/28/15 @ 7:45 am – 1,376 MW on 08/11/15 @ 6:00 pm PEC 4CP – 1,255.9 MW (1.90% of Total ERCOT) PEC Energy Requirements (Dec. & 2015) – 446,444 MWh (Dec.) – 5,948,000 MWh (2015) ERCOT LCRA Load Zone Real Time Price ERCOT Winter Forecast (Dec 2015 – Feb 2016) 57,400 MW Peak Demand 79,341 MW Total Generation 7,817 MW Typical Gen Outages 14,124 MW Operating Reserve ERCOT Spring Forecast Prelim. (Mar – May 2016) 57,579 MW Peak Demand 78,206 MW Total Generation 8,591 MW Typical Gen Outages 12,036 MW Operating Reserve – December: (0.73) Minimum - 17.10 Average - 589.49 Maximum $/MWh – ERCOT Dec. 2014 Average Real Time Price 26.01 $/MWh – 2015: (36.35) Minimum - 24.31 Average - 1,538.66 Maximum $/MWh – ERCOT 2014 Average Real Time Price 41.03 $/MWh Natural Gas Pricing – December: 1.63-2.39 $/MMBtu – 2015: 1.63 – 3.32 $/MMBtu Attachment: BOD Power Supply and Energy Services Rpt JAN16 BOD Meeting_v3 (3351 : 7.A.5.a Packet Pg. 151 2 2015 Residential Rebates – Total funds paid $405,375.00 – Number of units installed 1,260 – 811.81 KW Savings – 2,749,316 kWh Savings 2015 Commercial Rebate Program – Commercial HVAC funds $97,991.38 – Commercial Lighting funds $127,496.00 – Total Commercial rebate: $225,487.38 2015 Energy Audits – 514 completed in 2015 Attachment: BOD Power Supply and Energy Services Rpt JAN16 BOD Meeting_v3 (3351 : Energy Services Summary 7.A.5.a Packet Pg. 152 3 Member Services December 2015 Prepared by Eddie Dauterive Attachment: December 2015 Member Services CEO Report Final (3337 : Member Services 7.A.6.a Packet Pg. 153 Go Live Activity Phone Volume 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 - Nov 1 Dec 1 Jan 1 32,965 Typically 17,000 per week 16,768 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk Wk 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Call Volume Monthly Totals Main Menu Options Data thru 1/10/16 Typical Day Direct to Agent 37% Eng. 2% Secure Pay 33% Attachment: December 2015 Member Services CEO Report Final (3337 : Member Services 7.A.6.a Indirect to Agent 18% Abandon 6% Outage 5% Service Level • Service Level week-to-week impacted by post-holiday high volumes Oct. Nov. Dec. Total Call Volume 107,317 74,433 69,158 269,202 To Agents 61,395 39,837 36,304 75,579 To Secure Pay 34,097 24,668 22,944 88,351 Service Level 8.6% 55.1% 52.9% 34.5% Agent Utilization • Secure Pay has processed 56,635 payments for over $9,385,000 since launch 96.1% 86.2% 82.9% 88.4% Packet Pg. 154 • Utilization lowered toward goal, 82.9% • 33% of members opt directly to Secure Pay from the main menu • 55% are transferred to agents by opting in the menu or by not selecting any option Go Live Activity Service Level Analysis Nov 1 40,000 35,000 30,000 25,000 20,000 Dec 1 • Daily Service Level has routinely been 32,965 over 90% over the last 2 months Jan 1 100% Similarly in week 13, another post holiday peak impacted response times • The dip in SL during week 9 occurred after the holiday break, when contact centers were unavailable for 4 days • This short period of post-holiday traffic greatly affected the weekly and monthly metric 15,000 60% 50% • Excluding these post-holiday peaks 16,768 in volume, Service Level would have been40% over 70% 30% 20% • Capital credit inquiries also increased volumes in December 5,000 80% 70% • Agents are working to be fully stabilized after this busy period 10,000 90% - 10% 0% Wk 1 Wk 2 Wk 3 Wk 4 Wk 5 Wk 6 Wk 7 Call Volume Wk 8 Wk 9 Wk 10 Wk 11 Wk 12 Wk 13 Service Level Wk 14 Wk 15 Attachment: December 2015 Member Services CEO Report Final (3337 : Member Services 7.A.6.a Packet Pg. 155 Go Live Activity Autopays 60,000 Data thru 1/10/16 48,573 Bank Draft 50,000 40,617 40,000 30,000 Pre-Go Live: 45,000 CC Autopays 20,000 Credit Cards 10,000 140,000 120,000 Smart Hub Registrations Pre-Go Live: 110,000 registrations 117,439 100,000 80,000 60,000 40,000 20,000 0 0 Bank Draft Credit Card Paperless Billing Registrations • Data through January 10, 2016 64,055 70,000 Pre-Go Live Total 60,000 50,000 • Credit Card Autopay totals are over 40,000 • Many members have moved to Bank Draft Autopays, over 48,000 40,000 30,000 Pre-Go Live: 18,400 accts 20,000 10,000 0 Pre-Go Live Total Paperless Accts Attachment: December 2015 Member Services CEO Report Final (3337 : Member Services 7.A.6.a • Smart Hub registrations surpassed previous levels, new and re-registrations increasing • Paperless billing far exceeds previous amounts, Smart Hub prompting members to enroll Packet Pg. 156 Member Services Going Forward • Anticipate response times to stabilize post holiday traffic fluctuations with member contacts • Collection activities will begin toward the end of January: o o o Courtesy Calls – Last week of January Collection Calls – First week of February Disconnections – First week of February • Collection efforts will begin in small increments as staff are acclimated to new system processes • Once collections are underway and any potential issues are resolved, bad debt reduction goals will be communicated that will positively impact all KPI target metrics Attachment: December 2015 Member Services CEO Report Final (3337 : Member Services 7.A.6.a Packet Pg. 157 Information Technology Update January 19, 2016 Lawanda Parnell Chief Information Officer Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 158 Storage & Server Reallocation • Reclaimed and/or reallocated from SAP and P8 decommissions – 70 virtual servers – 30.5 terabytes of storage* – 560 gigabytes of RAM Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a * 1 terabyte can store 150 hours of HD recordings Packet Pg. 159 Handheld Bill Scanner Pilot • Locations – Cedar Park – Marble Falls – Kyle • Total transactions (12/10/2015 - 1/6/2016) – 2955 • Value – Faster transaction completion with members – Increased transaction accuracy – Fewer keystrokes Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 160 Smart Safes & Check Scanners • • • • • • • Kyle Johnson City/HQ Cedar Park Oak Hill Blanco Dripping Springs Canyon Lake • • • • • • • Marble Falls Liberty Hill Junction Bertram Bulverde Lake Creek Lake Travis Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 161 Payment Kiosks • First drive-thru kiosks coming in February – Cedar Park – Dripping Springs • 24x7 availability • Cash, credit card & E-check Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 162 Additional Initiatives Underway • NISC Phases 1.X and 2.X – PEC Roundup – Energy Solutions Loan (On-bill financing) – AppSuite (additional mobile device function) – Warehouse bar coding – Outage map – Outage management – Mapping/GIS Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 163 Additional Initiatives Underway • Mobile Device Management: AirWatch – Monitor, manage & secure mobile devices • Employee Informational Displays • • • • – Communicate PEC & CEO messages to employees Voice over IP (VOIP) & new telephony devices Upgrade Auditorium video & audio systems Exchange and MS Office upgrades Additional cyber security training and awareness Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 164 Questions Attachment: IT Report January 2016 Board Meeting (3350 : Information Technology 7.A.7.a Packet Pg. 165 7.B.1 Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3315) DOC ID: 3315 Subject: 2016 NRECA Annual Membership Dues Submitted By: Renee Oelschleger Department: Legal Services Background: Membership in NRECA (National Rural Electric Cooperatives Association) provides the ability for members to take legislative action, stay informed with technology, industry, and politics, and collaboration between other cooperatives. Membership also provides opportunities to participate in international and youth programs. Below is a historic table of membership dues paid to NRECA which is based on statistical data for the number of consumers at Pedernales Electric: 2013 - $149,933.00 2014 - $151,165.00 2015 - $158,100.00 Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds estimated in the amount of $161,427.00 currently included in the Cooperative's 2016 operating budget; No expenditures of staff time other than ordinary processing requirements. ATTACHMENTS: NRECA Dues-Invoice-2016 (PDF) Updated: 1/15/2016 11:59 AM by Aisha N Hagen Packet Pg. 166 Page 1 7.B.1 Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3315) NRECA 2016 Annual Membership Dues - J Hewa RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that the Membership dues to the National Rural Electric Cooperative Association for 2016 in the amount of $161,427.00 are hereby approved, and the Chief Executive Officer of the Cooperative, or his designee, is hereby authorized and directed to pay those dues pursuant to the invoice duly presented to the Cooperative. Updated: 1/15/2016 11:59 AM by Aisha N Hagen Packet Pg. 167 Page 2 7.B.1.a Invoice Date: 1/12/2016 Invoice #: 1510755 Vendor Account #: 931 NRECA MEMBERSHIP DUES For Member Year Beginning: 2/2/2016 NRECA Distribution Member 2016 Membership Dues (Base Amount) $86,275.00 Plus Allocation of Additonal Dues - 2014 Statistical Data Used for Calculations Number of Consumers Per Consumer First 10,000 Consumers X 0.5382 $5,382.00 Next 40,000 Consumers X 0.2691 $10,764.00 Next 210,450 Consumers X 0.1794 $37,755.00 Sub Total $53,901.00 Plus Allocation of CRN Dues Number of Consumers Per Consumer First 10,000 Consumers X 0.21218 $2,122.00 Next 40,000 Consumers X 0.10609 $4,244.00 Next 210,450 Consumers X 0.07073 $14,885.00 Sub Total Total Consumers: $21,251.00 260,450 Total Membership Dues Payable $161,427.00 NRECA has estimated that 13% of the 2016 dues is allocated to lobbying expenses to which IRC Section 162(2)(3) and 6033(e)(1) as amended apply. Consequently, this portion of your 2016 system dues is not deductible for federal income tax purposes. Attachment: NRECA Dues-Invoice-2016 (3315 : 2016 NRECA Annual Membership Dues) Mr. John D. Hewa Pedernales Electric Co-op, Inc. PO Box 1 Johnson City, TX 78636-0001 By paying this invoice, the organization represents that its ownership, purpose, structure, operations, and activities have not changed significantly, and that it remains eligible for the category of NRECA membership to which it is assigned. If you have questions about membership eligibility, please contact Membership at 703 907 5868, or by email at [email protected]. PLEASE RETURN A COPY OF INVOICE WITH REMITTANCE Direct payments to: NRECA PO Box 758777, Baltimore, MD 21275-8777 Payment is due February 11, 2016. Please make check payable to NRECA. $161,427.00 Contributions or gifts to NRECA are NOT deductible as charitable contributions for federal invoice tax purposes. However, payments ARE deductible by members as an ordinary and necessary business expense. NRECA Taxpayer Identification Number: 53-0116145. Packet Pg. 168 4301 Wilson Blvd. - Arlington, VA 22203-1860 - tel: 703.907.6875 7.B.3 Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3343) DOC ID: 3343 C Subject: Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines and Tariff Amendment Submitted By: Ingmar Sterzing Department: Power Supply & Energy Services Background: The Cooperative previously approved in September 2015 an on-bill financing program for distributed renewable solar photovoltaic systems to be effective January 1, 2016 and approved amendments to its Loan Policy and Underwriting Guidelines for the program in December 2015. The Cooperative is updating the Tariff to address certain fees and updating the Loan Policy and Underwriting Guidelines for other necessary changes. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds used for the administration of the On-Bill Financing Program will be recovered through the program fees. ATTACHMENTS: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH 1-19-16 loan policy re on bill financing version 5 ANH On-Bill Financing Board Update 1-15-16 V3 (PDF) (PDF) (PDF) Updated: 1/15/2016 12:42 PM by Renee Oelschleger C Packet Pg. 169 Page 1 7.B.3 Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3343) Amendments to On-Bill Financing Loan Policy and Underwriting Guidelines and Tariff Amendment - B Beavers NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Cooperative approve amendments to its Loan Policy and Underwriting Guidelines for the on-bill financing program as attached hereto and approve amendments to its Tariff for the program as attached hereto; BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE that the Chief Executive Officer, or his designee(s), is hereby authorized and directed to do any and all such other things, and take such other actions, as the Chief Executive Officer, or his designee(s), deems necessary or desirable in his reasonable discretion to effectuate this resolution. Updated: 1/15/2016 12:42 PM by Renee Oelschleger C Packet Pg. 170 Page 2 Tariff For Electric Service Provided by Pedernales Electric Cooperative, Inc. 201 South Avenue F P.O. Box 1 Johnson City, Texas 78636-0001 Adopted 06-15-2009; Amended 08-16-2010; 9-20- 2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15; 10-20-15; 1-19-16 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 7.B.3.a Pg. 171 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a 100 RATE SCHEDULES ................................................................................................................................................................. 4 GENERAL PROVISIONS ........................................................................................................................................................................... 4 100.1 RESIDENTIAL AND FARM/RANCH (R) ......................................................................................................................................... 5 100.2 WATER WELL (W) ...................................................................................................................................................................... 5 100.3 SMALL POWER (SP) .................................................................................................................................................................... 5 100.4 LARGE POWER (LP) ..................................................................................................................................................................... 6 100.5 INDUSTRIAL POWER (IP)............................................................................................................................................................. 6 100.6 POWER PLANT START POWER (PPSP) ........................................................................................................................................ 7 100.7 INTERCONNECTION BACK-UP (IB) .............................................................................................................................................. 7 100.8 GREEN POWER (GP) (DISCONTINUED 10-17-2005) ..................................................................................................................... 7 100.9 RENEWABLE POWER (RP) .......................................................................................................................................................... 7 100.10 COLLEGE DISCOUNT RIDER (CDR) ........................................................................................................................................... 7 100.11 AREA LIGHTING (AL) ................................................................................................................................................................ 8 100.12 INTERRUPTIBLE SERVICE RIDER (ISR) (DISCONTINUED AFTER 06-15-2009) ............................................................................. 9 100.13 POWER COST RECOVERY (PCR)................................................................................................................................................ 9 100.14 WHOLESALE TRANSMISSION POLICY (WTS)........................................................................................................................... 10 100.15 WHOLESALE DISTRIBUTION SERVICE (WDS).......................................................................................................................... 11 100.16 FACILITIES RENTAL RIDER (FRR) ........................................................................................................................................... 13 100.17 FRANCHISE FEE ....................................................................................................................................................................... 14 100.18 REVENUE ADJUSTMENT FACTOR ............................................................................................................................................. 14 200 SERVICE POLICY ................................................................................................................................................................. 15 200.1 CONDITION OF SERVICE ............................................................................................................................................................ 15 200.2 MEMBERSHIP FEE ..................................................................................................................................................................... 15 200.3 ESTABLISHMENT FEE ................................................................................................................................................................ 15 200.4 SAME DAY SERVICE FEE .......................................................................................................................................................... 15 200.5 SERVICE TO RENTAL LOCATIONS ............................................................................................................................................. 16 200.6 REAL ESTATE SHOW FEE [DISCONTINUED EFFECTIVE OCTOBER 1, 2015] ................................................................... 16 200.7 CONTINUITY OF SERVICE .......................................................................................................................................................... 16 200.8 SERVICE MONITORING [DISCONTINUED EFFECTIVE SEPTEMBER 1, 2013]................................................................... 16 200.8.5 ADVANCED METERING OPT OUT PROGRAM ........................................................................................................................... 16 200.9 METER TAMPERING .................................................................................................................................................................. 17 200.10 BILLING ................................................................................................................................................................................... 17 200.11 UNDER-BILLING AND OVERBILLING ........................................................................................................................................ 17 200.12 PAYMENT ................................................................................................................................................................................ 18 200.13 PAYMENT OPTIONS ................................................................................................................................................................. 18 200.14 INTERCONNECTION .................................................................................................................................................................. 19 200.15 DISCONNECTION OF SERVICE .................................................................................................................................................. 19 200.16 RECONNECTION FEE ................................................................................................................................................................ 20 200.17 DISPUTED BILLS ...................................................................................................................................................................... 20 200.18 MEMBER COMPLAINTS ............................................................................................................................................................ 20 200.19 RETURNED CHECK/DENIED BANK DRAFT/DENIED CREDIT CARD .......................................................................................... 20 200.20 MEMBER VOTING .................................................................................................................................................................... 20 200.21 MEMBER ACCESS TO COOPERATIVE RECORDS ........................................................................................................................ 20 200.22 ACCOUNT RESEARCH SERVICES .............................................................................................................................................. 21 200.23 EASEMENT RELEASE ............................................................................................................................................................... 21 200.24 SWITCHOVER POLICY ............................................................................................................................................................... 21 200.25 STATUS OF THE POLICY ........................................................................................................................................................... 21 300 300.1 300.2 300.3 300.4 LINE EXTENSION POLICY ................................................................................................................................................ 22 GENERAL POLICY ..................................................................................................................................................................... 22 PERMANENT OVERHEAD RESIDENTIAL, FARM, AND RANCH SERVICE ...................................................................................... 22 OTHER RESIDENTIAL, FARM, AND RANCH OVERHEAD SERVICE EXTENSIONS.......................................................................... 23 OTHER OVERHEAD LINE EXTENSIONS ...................................................................................................................................... 24 Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and TABLE OF CONTENTS Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 172 300.5 RESIDENTIAL DEVELOPMENTS ................................................................................................................................................. 25 300.6 COMMERCIAL DEVELOPMENTS................................................................................................................................................. 26 300.7 UNDERGROUND SERVICE.......................................................................................................................................................... 27 300.8 TEMPORARY SERVICE ............................................................................................................................................................... 28 300.9 AREA LIGHTING........................................................................................................................................................................ 28 300.10 LINE CLEARANCE .................................................................................................................................................................... 28 300.11 OWNERSHIP OF DISTRIBUTION FACILITIES .............................................................................................................................. 28 300.12 NO REFUND OF AID TO CONSTRUCTION .................................................................................................................................. 28 300.13 RELOCATION OF FACILITIES .................................................................................................................................................... 29 300.14 FORMULA FOR CALCULATING CONTRIBUTION IN AID OF CONSTRUCTION ............................................................................... 29 300.15 STATUS OF THE POLICY ............................................................................................................................................................ 30 400 CREDIT REQUIREMENTS AND DEPOSITS .................................................................................................................... 31 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 500 CREDIT REQUIREMENTS FOR PERMANENT RESIDENTIAL APPLICANTS AND MEMBERS. ........................................................... 31 CREDIT REQUIREMENTS FOR NON-RESIDENTIAL MEMBERS OR APPLICANTS. .......................................................................... 31 DEPOSITS AND GUARANTEE AGREEMENTS. ........................................................................................................................... 31 DEPOSITS FOR TEMPORARY OR SEASONAL SERVICE AND FOR WEEKEND RESIDENCES. ........................................................... 33 AMOUNT OF DEPOSIT. ............................................................................................................................................................ 33 INTEREST ON DEPOSITS. ......................................................................................................................................................... 33 RECORDS OF DEPOSITS........................................................................................................................................................... 33 REFUNDING DEPOSITS AND VOIDING LETTERS OF GUARANTEE. ............................................................................................. 34 RE-ESTABLISHMENT OF CREDIT. ............................................................................................................................................ 34 STATUS OF CREDIT AND DEPOSIT REQUIREMENTS. .......................................................................................................... 34 FEE SCHEDULE ................................................................................................................................................................... 35 Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 173 100 Rate Schedules General Provisions Character of Service - The Cooperative will provide single, open-wye, or three-phase alternating current at one of its standard secondary voltage from existing facilities as described in the Cooperative’s Service Policy. 1. Payment - Rates are subject to the payment policies as provided in the Cooperative’s Service Policy. 2. Sales Taxes - Sales taxes, where applicable, will be charged to the member in addition to the applicable rates. Members claiming exemption from sales taxes should provide an exemption form acceptable to the Cooperative. 3. Late Payment Processing Fee - The Cooperative may assess a $20.00 processing fee to cover costs associated with delinquent notices. Bills to all non-residential accounts other than state agencies, may be assessed a Late Payment Processing Fee of $20.00 or 6% of the unpaid balance, whichever is greater, if not paid by the due date. 4. Point of Delivery – a. For residential service, the Point of Delivery is that point, as determined by Cooperative, where the electric power and energy leaves the Cooperative electric delivery system and is delivered to member. b. For all other services, the Point of Delivery is that point, as determined by the Cooperative, where the electric power and energy leaves the Cooperative electric delivery system, regardless of the metering location provided that the voltage service level at the metering location is the same as that at the delivery point. 5. Single Point Delivery - Rates are based upon service to the entire premises through a single delivery and metering point. Service to the same member at other points of delivery shall be separately metered and billed under the applicable rate schedule. 6. Standard Voltage Designations – The Cooperative adopts the following standard voltages for distribution: Single Phase Three Phase 120/240 V *7200 V *14400 V 120/208 V (wye) *120/240 V (delta) 277/480 V (wye) *480V (delta) *1328/2300 V (wye) *2300/4160V (wye) *7200/12470 V (Primary Metered) *14400/24900 V (Primary Metered) *These voltages are available at Cooperatives discretion. These voltage designations are nominal design voltages and the actual normal delivery voltages so far as practicable will be maintained within variations permitted by industry standards. Member should obtain from the Cooperative the phase and voltage of the service available before committing to the purchase of motors or other equipment. 7. Power Factor Adjustment - (Large Power and Industrial Power) – Capacity delivery charges may be adjusted if the power factor is lower than ninety-seven percent (97%). Measured capacity (KW) may be increased by one percent (1%) for each one percent (1%) by which the power factor is less than ninety-seven percent (97%) lagging for a period of fifteen (15) consecutive minutes. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 4 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 174 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Applicability - Applicable to individually metered residences, farms, ranches, and their facilities. Rates Service Availability Charge: $22.50 per month Delivery Charge [This rate shall become effective December 1, 2014]: $0.02712 per KWH Base Power Cost: The per kWh base power costs for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. 100.2 Water Well (W) Applicability - Applicable to water wells used solely for small scale agricultural purposes. Agricultural purposes include livestock watering, crop irrigation, and fisheries. Irrigation for recreational purposes is served under other Tariffs. Rates Service Availability Charge: $19.50 per month Delivery Charge [This rate shall become effective December 1, 2014]: $0.02712 per KWH Base Power Cost: The per kWh base power costs for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. 100.3 Small Power (SP) Applicability - Applicable to all commercial and industrial members whose rolling 12-month average demand is less than 75 kilowatts and whose use is not covered by another specific rate schedule. Member owned street lighting will also be billed under the Small Power Rate. Rates Service Availability Charge: $37.50 per month Delivery Charge [This rate shall become effective December 1, 2014]: $0.02101 per KWH Base Power Cost: The per kWh base power costs for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 100.1 Residential and Farm/Ranch (R) Page 5 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 175 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Applicability - Applicable to all commercial and industrial members whose rolling 12-month average demand is 75 kilowatts but less than 10,000 kilowatts, and whose use is not covered by another specific rate schedule. Rates Service Availability Charge: $150.00 per month Capacity Delivery Charge [This rate shall become effective December 1, 2014]: Secondary Level Service $3.38 per kW Primary Level Service $3.31 per kW The member's Capacity Delivery Charge will be calculated using the kW load established by member during the 15-minute period of maximum use during the month but will not be less than 75kW. Delivery Charge [These rates shall become effective December 1, 2014]: Secondary Level Service $0.00885 per KWH Primary Level Service $0.00867 per KWH Base Power Cost: The per kWh base power costs for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. Secondary Rate – The Secondary Rate per kilowatt-hour shall be provided for those members receiving service at secondary voltages less than 6 kV at locations where the Cooperative owns the transformation facilities. Primary Rate - Primary Rate per kilowatt-hour shall be provided for high voltage deliveries to the transformer at 6 kV or higher where the member has paid for the transformation facilities or where deliveries to the member are at 6 kV or higher. A delivery point meeting the above criteria shall be charged the Primary Rate whether the delivery is metered on the low side or the high side of the point of transformation. Meter readings from the low side transformation shall be adjusted for transformation losses. 100.5 Industrial Power (IP) Applicability - Applicable to all commercial and industrial members whose firm demand is 10,000 kilowatts or more, and whose uses are not covered by another specific rate schedule. Rates Service Availability Charge: $1,000.00 Capacity Delivery Charge [This rate shall become effective December 1, 2014]: $.84000 per kW Power Supply Charge: The cost of power to serve the member, including capacity, ancillary services, delivery, energy, and fuel charges for the billing period plus adjustments applied to the current monthly billing to account for differences in actual purchased electricity costs billed in previous periods. The power cost will be calculated using billing units defined in the same manner as defined in the Wholesale rate to the Cooperative, including any ratchet provisions in the wholesale rate. The member’s billing units for power cost may be adjusted for line losses, as determined by the Cooperative, to calculate the member’s power cost at the wholesale supplier’s metering point to the Cooperative. The monthly bill shall be the sum of the above charges plus any applicable fees. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 100.4 Large Power (LP) Page 6 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 176 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Applicability - Applicable to all commercially operated power plants whose firm demand is 1,000 kilowatts or more, and whose uses are not covered by another specific rate schedule. Rates Service Availability Charge: $1,500.00 per month Power Supply Charge: The cost of power to serve the member, including capacity, ancillary services, delivery, energy, and fuel charges for the billing period plus adjustments applied to the current monthly billing to account for differences in actual purchased electricity costs billed in previous periods. The power cost will be calculated using billing units defined in the same manner as defined in the Wholesale rate to the Cooperative, including any ratchet provisions in the wholesale rate. The member’s billing units for power cost may be adjusted for line losses, as determined by the Cooperative, to calculate the member’s power cost at the wholesale supplier’s metering point to the Cooperative. The monthly bill shall be the sum of the above charges plus any applicable fees. 100.7 Interconnection Back-up (IB) Applicability - Applicable to members with small power production equipment of less than 20 kW who have executed an agreement for interconnection with the Cooperative. Service shall be through a single meter which measures the net energy consumed at the premises. Rates As per the otherwise applicable tariff with charges other than the Service Availability Charge applied to net energy consumed at the premises. 100.8 Green Power (GP) (discontinued 10-17-2005) 100.9 Renewable Power (RP) Applicability - Applicable to members choosing to purchase electricity generated by 100% renewable energy sources. Participation is by billing cycle. Changes must be requested at least 5 days prior to the start of the next billing cycle. Rates Service Availability Charge: Delivery Charge: As per the otherwise applicable tariff. As per the otherwise applicable tariff. Base Power Cost: The per kWh base power costs for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff for Renewable Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. 100.10 College Discount Rider (CDR) Applicability - Applicable in conjunction with an otherwise applicable rate schedule for electric service to any facility of any four year state university, upper level institution, Texas State Technical College, or college to which the Cooperative is required to discount the base rates, as provided in Texas Utilities Code, §36.351. The provisions of the applicable rate schedule are modified only as shown herein. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 100.6 Power Plant Start Power (PPSP) Page 7 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 177 Monthly Rate - In accordance with the terms of the applicable rate schedule, except that the amount due under the applicable rate schedule, minus the cost of purchased electricity applicable to the member and excluding any adjustment factors, cost recovery factors, or specific facilities charges, and service fees, is reduced by 20%. 100.11 Area Lighting (AL) Applicability - Applicable to outdoor dusk-to-dawn lighting where the Cooperative's existing facilities are suitable for the installation of the lighting. The Cooperative will own, furnish, install, and maintain lights on its existing facilities. If additional facilities are requested or required, the member will pay installation costs. The member will pay for costs of repairs, labor, and materials for damage due to vandalism. The member will also pay for all costs of relocating any light. This rate applies only to Cooperative owned lighting. Beginning May 1, 2014, only LED lamps will be available. Upon failure of any currently owned Cooperative owned lighting, such lighting will be replaced with LED lighting and applicable charges will apply. Any member requesting a change from an existing, working lamp to LED lighting will pay $250 for the first light and $180 for each additional light change out requested by the same member at the same basic location and at the same time. This rate applies only to Cooperative owned lighting. Member owned street lighting is billed under 100.3 Small Power Rate. Rates Delivery Charges: Lamp Size 50-55 watt (comparable to 100 watt HPS 100-110 watt (comparable to 250 watt HPS) kWh per month Charge per Lamp LED 19 kWh per month $9.60 LED 38 kWh per month $20.00 100 watt HPS* 45 kWh per month $ 8.15 250 watt HPS* 110 kWh per month $16.30 175 watt Metal Halide* 78 kWh per month $ 8.15 175 watt Mercury Vapor* 75 kWh per month $ 8.15 * These lamps will no longer be available for new installations effective May 1, 2014. Base Power Cost: The per kWh base power cost for Power Supply Charges stated in the Power Cost Recovery (PCR) Tariff Power Cost Adjustment: The charge per kWh for changes in Power Supply Charges relative to the base power cost and calculated in accordance with the Power Cost Recovery (PCR) Tariff The monthly bill shall be the sum of the above charges plus any applicable fees. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 8 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 178 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a 100.13 Power Cost Recovery (PCR) This tariff is applicable to all rates except Industrial and Power Plant Start Power which have separate provisions for power cost recovery. Base Power Cost – The base power cost per kWh for Power Supply Charges is: Secondary Level Service: $0.07208 per kWh Primary Level Service: $0.07064 per kWh Secondary Level Service With Renewable: $0.07708 per kWh Power Cost Adjustment For all kilowatt-hours sold to members taking service under all rates except Industrial and Power Plant Start Power, the monthly Power Cost Adjustment per kWh will be calculated as follows: Basic PCA = A-B+C kWhs Secondary Level Service PCA = Basic PCA Primary Level Service PCA = Basic PCA x 98% Wind Power Subscribers = Applicable Secondary Level or Primary Level Service PCA per kWh plus Wind Power Premium per kWh. Where: PCA = A = B = Power Cost Recovery (expressed in $ per kWh) to be applied to estimated energy sales for the billing period. Total estimated purchased electricity cost (excluding power cost for Industrial and Power Plant Start Power and excluding Wind Power and/or Renewable Power costs applicable to members subscribing to Wind Power and/or Renewable Power) from all suppliers including fuel for the billing period minus $0.005 per kWh of the kWh sold to Renewable Power Members. Total estimated purchased electricity cost (excluding power cost for Industrial and Power Plant Start Power and excluding Wind Power and/or Renewable Power costs applicable to members subscribing to Wind Power and/or Renewable Power) from all suppliers including fuel which are included in the Cooperative's base rates. The base power cost is computed as: B = D = kWhs C = = (D)(kWhs) minus $0.005 per kWh of the kWh sold to Renewable Power Members. Base power cost of $0.07208 per kWh sold Total estimated energy sales for billing period (excluding power cost for Industrial and Power Plant Start Power) minus 2% of the kWh sold for primary level service members. Adjustment to be applied to the current monthly billing to account for differences in actual purchased electricity costs and actual PCA revenues recovered in previous periods. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 100.12 Interruptible Service Rider (ISR) (discontinued after 06-15-2009) Page 9 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 179 100.14 Wholesale Transmission Policy (WTS) Availability - Planned and Unplanned Wholesale Transmission Service is available at all points where transmission facilities of adequate capacity and suitable voltage are available. Service under this rate schedule is not available until the expiration of the Facilities and Premises Lease and Operating Agreement between the Cooperative and the Lower Colorado River Authority. Applicability - Wholesale Transmission Service is provided to any eligible member as that term is defined in Substantive Rule 25.5 of the Public Utility Commission (PUC), and shall be provided in accordance with Substantive Rules 25.191 and 25.195. Any power delivered onto or received from the Cooperative’s transmission system under this rate schedule must be delivered or received at 60,000 volts or higher, three phase, 60 hertz alternating current, onto transmission lines which have been made available for this service. This rate schedule is applicable to Planned and Unplanned service over any transmission facilities at 60,000 volts or higher owned by the Cooperative. Conditions The Cooperative will provide transmission service to any eligible member, provided that: The eligible member has completed an Application for Annual Planned Service, an Application for Monthly Planned Service, or a Request for Unplanned Transmission Service in accordance with the procedural and scheduling requirements of PUC Substantive Rule 25.198; If the member has physical connections to the Cooperative system, the eligible member has an executed Interconnection Agreement for Transmission Service, or has requested in writing that the Cooperative file a proposed unexecuted agreement with the Commission; Both the Cooperative and the eligible member (or a designated agent) have completed installation of all equipment specified under the Interconnection Agreement for Transmission Service; The eligible member has arranged for ancillary services necessary for the transaction. Pricing - Charges for planned and unplanned transmission service shall be in accordance with PUC Substantive Rule 25.192. Losses - A wholesale transmission eligible member that uses transmission service shall compensate the Cooperative for energy losses resulting from such transmission service. The ERCOT transmission system independent system operator (ISO) under a method approved by the PUC shall calculate losses. Resale of Transmission Rights - A wholesale transmission eligible member is permitted to resell any and all transmission service rights contracted for by the transmission member to other wholesale market participants, pursuant to PUC Substantive Rule 25.191. The transmission member shall inform the transmission provider and obtain ISO approval for any resale of transmission service rights. Construction of New Facilities - The Cooperative shall follow the procedures set forth in PUC Substantive Rule 25.198 in working with the transmission member in order to identify required improvements to the transmission system. Upon receipt of a request for transmission service, the Cooperative shall perform a system security study to assess the ability of the existing transmission system to support the requested transmission service. The member requesting such service shall be responsible for the costs of such system security study and any subsequent facilities studies performed in order to determine any necessary system improvements. In the event that existing facilities are adequate to support the requested transmission service, the transmission member will be assessed an amount equal to the cost of direct assignment facilities less any applicable depreciation. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 10 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 180 In the event that existing facilities are inadequate to support the requested transmission service, the transmission member may be required to provide a contribution in aid-to-construction of direct assignment facilities. In that event, the Cooperative will provide the eligible member with a facilities study that will include an estimate of the contribution in aid-to-construction of direct assignment facilities to be charged to the transmission member for the cost of any required facilities or upgrades, and the time required to complete such construction and initiate the requested service. In the event that new facilities must be constructed to provide the requested transmission service, the transmission member may be required to provide one or more of the following: A contribution in aid-to-construction for those facilities required to provide service to the transmission member. This would apply in those cases the required facilities would be of use to the Cooperative after the transmission member terminates service. The sum of installation and removal costs for the construction of facilities required for temporary service. This would apply in those cases where the duration of the service is less than a year and the required facilities would not be of use to the Cooperative after the transmission member terminates service. The sum of installation and removal costs for the construction of facilities which would not be of use to the Cooperative after the transmission member terminates service. Voltage Support - The Cooperative will install whatever devices are necessary to maintain proper operating voltages on the Cooperative transmission system. However, should the need for such devices be directly or partially applicable to the addition of the transmission member, then the cost of such devices will be included in any contribution in aid-toconstruction required of that member. Power Factor - Each wholesale transmission member shall maintain a power factor of 97% or greater at each point of interconnection. If the member fails to maintain a 97% power factor, Pedernales Electric Cooperative will make the necessary improvements and shall charge the member for the costs of such improvements. Reliability Guidelines - To maintain reliability of the ERCOT transmission grid, the Cooperative or other designated agent or representative shall operate its transmission system in accordance with the ERCOT Operating Guides, National Electric Reliability Council (NERC) guidelines, and any guidelines of the ISO that may apply to the Cooperative’s system. Payment - Any charges due to the Cooperative under this rate schedule shall be billed in accordance with PUC Substantive Rule 25.202. The eligible member shall make payment to the Cooperative in a manner consistent with the procedures and deadlines set forth in PUC Substantive Rule 25.202. Any late payments by member or member default shall be handled in accordance with PUC Substantive Rule 25.202. Contract Term - Planned transmission service is available in multiples of one month. Planned transmission service for a period of less than 12 months shall be considered temporary. Unplanned transmission service may be available for periods of not less than one hour or more than 30 days. 100.15 Wholesale Distribution Service (WDS) Availability - Planned and Unplanned Wholesale Distribution Service is available at all points where distribution facilities of adequate capacity and suitable voltage are available. Applicability - Wholesale Distribution Service is provided to any eligible member as that term is defined in Substantive Rule 25.5 of the Public Utility Commission (PUC), and shall be provided in accordance with Substantive Rules 25.191 and 25.195. Any power delivered onto or received from the Cooperative’s distribution system under this rate schedule must be delivered or received at less than 60,000 volts, three phase, 60 hertz alternating current, onto distribution lines which have been made available for this service. This rate schedule is applicable to Planned and Unplanned service over any distribution facilities at less than 60,000 volts owned by the Cooperative. This rate schedule is applicable in addition to the Cooperative’s Wholesale Transmission Service rate schedule. Conditions Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 11 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 181 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a The eligible member has completed an Application for Annual Planned Service, an Application for Monthly Planned Service, or a Request for Unplanned Distribution Service in accordance with the procedural and scheduling requirements of PUC Substantive Rule 25.198; If the member has physical connections to the Cooperative system, the eligible member has an executed Interconnection Agreement for Distribution Service, or has requested in writing that the Cooperative file a proposed unexecuted agreement with the Commission; Both the Cooperative and the distribution member (or a designated agent) have completed installation of all equipment specified under the Interconnection Agreement for Distribution Service; The eligible member has arranged for ancillary services necessary for the transaction. Pricing Charges for planned and unplanned wholesale distribution service shall be in accordance with PUC Substantive Rule 25.192. Charges for Wholesale Distribution Service are applicable in addition to any charges for Wholesale Transmission Service that may also be required by the member. Charges for planned Wholesale Distribution Service shall be computed as follows: INV x FRC = WDSC where, INV = The investment necessary to provide Wholesale Distribution Service while maintaining the reliability, voltage, safety, and economic operation of the Cooperative’s system. This investment amount will be recalculated from time to time at the discretion of the Cooperative to reflect any changes in the value of the facilities investment. FRC = The Cooperative’s monthly fixed rate charge as it may change from time to time as determined by the Cooperative. The monthly fixed rate charge factor for Cooperative-owned facilities for which no contribution in aid-to-construction has been made by the member shall include a capital cost component. The monthly fixed rate charge factor for Cooperative-owned facilities for which the member has made a contribution in aid-to-construction shall not include a capital cost component. WDSC = The monthly charge for Wholesale Distribution Service. Charges for unplanned Wholesale Distribution Service shall be sufficient to ensure the recovery of losses. Losses - A Wholesale Distribution eligible member that uses distribution service shall compensate the Cooperative for energy losses resulting from such distribution service. Losses shall be calculated by the ERCOT distribution system independent system operator (ISO) under a method approved by the Public Utility Commission, or by the Cooperative if the ISO does not provide losses for a distribution transaction of the nature requested by the member. Resale of Distribution Rights - A Wholesale Distribution eligible member is permitted to resell any and all distribution service rights contracted for by the distribution member to other wholesale market participants, pursuant to PUC Substantive Rule 25.191. The distribution member shall inform the distribution provider and obtain ISO approval for any resale of distribution service rights. Construction of New Facilities - The Cooperative shall follow the procedures set forth in PUC Substantive Rule 25.198 in working with the distribution member in order to identify required improvements to the distribution system. Upon receipt of a request for distribution service, the Cooperative shall perform a system security study to support the requested distribution service. The member requesting such service shall be responsible for the costs of such system security study and any subsequent facilities studies performed in order to determine any necessary system improvements. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and The Cooperative will provide distribution service to any eligible member, provided that: Page 12 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 182 In the event that existing facilities are adequate to support the requested distribution service, service will be priced in accordance with Pricing above. In the event that existing facilities are inadequate to support the requested distribution service, the distribution member may be required to provide a contribution in aid-to-construction of direct assignment facilities. In that event, the Cooperative will provide the eligible member with a facilities study that will include an estimate of the contribution in aid-to-construction of direct assignment facilities to be charged to the distribution member for the cost of any required facilities of upgrades, and the time required to complete such construction and initiate the requested service. In the event that new facilities must be constructed to provide the requested distribution service, the distribution member may be required to provide one or more of the following: A contribution in aid-to-construction for those facilities required to provide service to the distribution member. This would apply in those cases the required facilities would be of use to the Cooperative after the distribution member terminates service. The sum of installation and removal costs for the construction of facilities required for temporary service. This would apply in those cases where the duration of the service is less than a year and the required facilities would not be of use to the Cooperative after the distribution member terminates service. The sum of installation and removal costs for the construction of facilities which would not be of use to the Cooperative after the distribution member terminates service. Voltage Support - The Cooperative will install devices as necessary to maintain proper operating voltages on the Cooperative distribution system. However, should the need for such devices be directly or partially attributable to the addition of the distribution member, then the cost of such devices will be included in any contribution in aid-toconstruction required of that member. Power Factor - Each wholesale distribution member shall maintain a power factor of 97% or greater at each point of interconnection. If the member fails to maintain a 97% power factor, Pedernales Electric Cooperative will make the necessary improvements and shall charge the member for the costs of such improvements. Reliability Guidelines - To maintain reliability of the ERCOT transmission grid and/or the Cooperative’s distribution system, the Cooperative, or its designated agent or representative, shall operate the Cooperative’s distribution system in accordance with the ERCOT Operating Guides, National Electric Reliability Council (NERC) guidelines, any guidelines of the ISO that may apply to the Cooperative’s system, and the distribution planning criteria of the LCRA Association of Wholesale Members Power Supply and Transmission Planning Committee published in 1992. Payment - Any charges due to the Cooperative under this rate schedule shall be billed in accordance with PUC Substantive Rule 25.202. The eligible member shall make payment to the Cooperative in a manner consistent with the procedures and deadlines set forth in PUC Substantive Rule 25.202. Any late payments by member or member default shall be handled in accordance with PUC Substantive Rule 25.202. Contract Term - Planned distribution service is available in multiples of one month. Planned distribution service for a period of less than 12 months shall be considered temporary. Unplanned distribution service is available for periods of not less than one hour or more than 30 days. 100.16 Facilities Rental Rider (FRR) Applicability - This service is available under the Cooperative’s Facilities Rental Service Agreement, which Agreement shall include a minimum seven (7) year term. This service applies to Cooperative-owned distribution facilities that are in excess of the standard facilities and services that the Cooperative would normally provide under the applicable tariff schedule(s). Rental Charges - The monthly rental charge for facilities owned, operated, and maintained by the Cooperative ("Monthly Facilities Rental Charge"), will be derived by multiplying the total calculated installed cost of the facilities to Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 13 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 183 be rented (determined at the time of the signing of the Facilities Rental Service Agreement) times 1.3% ("Monthly Facilities Rental Rate"). The Member is responsible for the Monthly Facilities Rental Charge beginning with the effective date of initiating service or the date installation of the facilities was completed if the facilities were installed after the execution of the Facilities Rental Agreement, whichever occurs later. Monthly Facilities Rental Charge = calculated installed cost x 0.013 (Monthly Facilities Rental Rate) Terms of Payment - Member shall pay the Monthly Facilities Rental Charge on a monthly basis, and the Monthly Facilities Rental Charge will be due and payable with the Member’s monthly bill for electric service. Terms and Conditions - Should Cooperative-owned facilities require replacement during the term of the Facilities Rental Service Agreement, the total calculated installed cost of the facilities will be recomputed and increased or decreased, as the case may be by: (1) The total installed cost of the replacement equipment, including the costs of acquiring the replacement equipment, less (2) The installed cost of the original equipment. Should the Member request that any of the rented facilities installed, owned, maintained or operated by the Cooperative be removed, or upon termination of service at a location without a new Member willing to continue a contract to rent the facilities. The Cooperative will remove such facilities within a reasonable amount of time at the Member’s expense. 100.17 Franchise Fee Municipal franchise fee charges are applicable to all members served by the Cooperative inside a municipal corporate boundary, and are in addition to any other charges made under the Cooperative's tariff for electric service. All current and future franchise fees not included in base rates shall be separately assessed for member service provided within the municipality where the franchise fee is authorized. The portion of the franchise fee not included in base rates will appear on the bill as a separate line item. The franchise fee is calculated by multiplying the franchise fee percentage assessed by the municipality by the charges for energy and power sold and such other authorized charges to a member excluding any taxes and other authorized exclusions. 100.18 Revenue Adjustment Factor Applicability - This tariff is applicable to all rates except Industrial and Power Plant Start Power. For all kilowatt-hours sold to members taking service under all rates except Industrial and Power Plant Start Power, the Revenue Adjustment Factor (RAF) will be calculated as follows: RAF = -1 x (R / S) expressed in $ / kWh Where: R = Estimated revenues in excess of those needed for the time period S = Forecasted or average kilowatt-hour sales for the time period being adjusted The RAF is then multiplied by the kWhs billed to each member in a billing cycle and applied to a member's bill for the particular time period subject to adjustment. Application of the RAF is intended to decrease a member's bill. Use of the RAF and the timeframe for application of the RAF to a member’s bill, including the starting and end dates for RAF, must be approved by the Board of Directors by adoption of a Board Resolution. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 14 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 184 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Service Policy 200.1 Condition of Service The Cooperative’s Service Policy applies to all locations within its service area, according to the type of service delivered and subject to the provisions of the Cooperative’s rates and Line Extension Policy. The Cooperative will provide electric service to all applicants within its service area, provided the following conditions are met: The applicant pays a membership fee and any other amounts, including any deposits, required by the Cooperative’s rules, including amounts required by the Credit Requirements and Deposits Policy. The applicant is not delinquent on a past or present account. The applicant accepts the terms for membership and rules for service, and provides the Cooperative with information reasonably required to verify the identity of the applicant. The applicant grants the Cooperative easement rights and acquires all necessary easements from adjacent landowners on a form acceptable to the Cooperative for its facilities. All costs and expenses, if any, related to the acquisition of easements to serve the applicant shall be the responsibility of the applicant, including the Cooperative’s costs and expenses if the Cooperative participates in the acquisition of the easements through condemnation proceedings. Service can be supplied from existing Cooperative lines or the Cooperative can build new power lines according to the Line Extension Policy. Pedernales Electric Cooperative provides standard electric service from overhead lines. Underground electric service may be available at the sole option of the Cooperative. Service is provided at one rate, at one point of delivery, with one meter, at one of the Cooperative’s standard voltages. Non-standard service may be available if requested but only if the Cooperative determines such service is feasible, and the applicant agrees to pay any additional cost to the Cooperative for delivering such non-standard service. The applicant provides a meter loop conforming to the Cooperative’s standards and the National Electrical Code. The applicant’s installation and equipment must not be hazardous or of such type that satisfactory service cannot be given. Temporary service will be billed on the applicable rate. Before the Cooperative provides temporary service, the applicant must pay the estimated cost to the Cooperative of installing and removing these facilities. 200.2 Membership Fee Membership in the Cooperative is required for service. Membership fees will be set by the Cooperative’s Board of Directors and shall be held until the last service connection for a member is terminated. Termination of membership does not release a member or member’s estate from debts owed the Cooperative. 200.3 Establishment Fee A non-refundable $75.00 fee will be collected for connecting service and/or transferring account information. This fee is in addition to the membership fee and other fees required. For good cause, including for natural disasters or other declared emergencies, the Chief Executive Officer may waive, suspend, or modify the Establishment Fee for a limited duration to address the circumstances. After a good cause determination, the Chief Executive Officer must inform the Board of Directors at its next Regular Meeting of all actions taken under this section. 200.4 Same Day Service Fee If service is available at a location and a request for same day connection is made on Monday through Friday or on Saturdays or Sundays, a $250.00 non-refundable fee will be collected. This fee is in addition to the membership fee, establishment fee, deposits, if any, and other fees required. Service reconnections after non-payment will not be performed after normal business hours unless the Cooperative determines otherwise. In the event any service reconnections after non-payment are performed after normal business Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 200 Page 15 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 185 hours on Monday through Friday or on Saturdays or Sundays, a non-refundable same-day service fee of $250 will be required to be paid prior to reconnection. This fee is in addition to the past due balance, reconnection fee, deposits and any other fees required. For good cause, including for natural disasters or other declared emergencies, the Chief Executive Officer may waive, suspend, or modify the Same Day Service Fee for a limited duration to address the circumstances. After a good cause determination, the Chief Executive Officer must inform the Board of Directors at its next Regular Meeting of all actions taken under this section. 200.5 Service to Rental Locations Owners, operators, landlords or lessors who provide lease or rented units and require continued service during periods of vacancies shall be required to make application for electric service for each leased or rented unit and shall be subject to the conditions of service set forth in the Cooperative’s Membership Application and Certificate. Owners, operators, landlords or lessors shall be obligated to pay for such service but shall not be required to pay an establishment fee each time a vacancy occurs. Upon sale of property, the owners, operators, landlords or lessors are responsible for notifying the Cooperative to update the account status. Until a change is requested, the owners, operators, landlords or lessors is responsible for all bills. 200.6 Real Estate Show Fee [DISCONTINUED EFFECTIVE OCTOBER 1, 2015] 200.7 Continuity of Service The Cooperative endeavors to provide continuous electric service but makes no guarantees against interruptions. If continuous service at a constant voltage is required, the member must install the necessary equipment. Should members require three-phase service, they shall be responsible for providing and operating such protective equipment as is necessary to protect their equipment from damage resulting from loss of power to one or more phases. If electric service is interrupted, the member must determine if the equipment and wiring is functioning properly. Cooperative personnel will not make repairs to members’ wiring or equipment The Cooperative shall not be liable for damages occasioned by interruption, failure to commence delivery, or voltage, wave form, or frequency fluctuation caused by interruption or failure of service or delay in commencing service due to accident to or breakdown of plant, lines, or equipment, strike, riot, act of God, order of any court or judge granted in any bona fide adverse legal proceedings or action or any order of any commission or tribunal having jurisdiction; or, without limitation by the preceding enumeration, any other act or things due to causes beyond its control, to the negligence of the Cooperative, its employee, or contractors, except to the extent that the damages are occasioned by the gross negligence or willful misconduct of the Cooperative. 200.8 Service Monitoring [DISCONTINUED EFFECTIVE SEPTEMBER 1, 2013] 200.8.5 Advanced Metering Opt Out Program The Advanced Metering Opt Out Program only applies to residential accounts (other than residential accounts with interconnection agreements). A member may request to opt out from use of the Cooperative's advanced meter at a service location. The Cooperative may grant such request subject to certain qualifications and conditions. A. Meter Exchange Fee A $75 meter exchange fee will be charged for any meter exchange at any service location already equipped with an advanced meter. Any member participating in the Advanced Metering Opt Out Program for new service locations will be required to pay the Cooperative’s establishment fee as outlined in the Cooperative’s Tariff for each location. B. Automatic Payments To participate in the Advanced Metering Opt Out Program, a member must authorize automatic payments through either the Credit Card Payment Plan or Bank Draft Payment Plan. If a member cancels authorization for automatic Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 16 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 186 payments, then the meter will be exchanged for an advanced meter and the member will be unable to participate in the Advanced Metering Opt Out Program. C. Meter Readings Each member participating in the Advanced Metering Opt Out Program will be charged a fee of $30.00 each month for non-standard manual meter readings by the Cooperative and for processing of such readings for each service location. An additional $1 per mile charge for service locations further than 20 miles from nearest area office will apply. If for any month a meter is unable to be read by the Cooperative, the monthly fees will apply and the usage for that month will be estimated based on the member’s previous usage. Any under-billing or overbilling resulting from such estimate will be adjusted after the meter is read. If a member has paid bills for service for 12 consecutive residential billings (i) without having service disconnected for nonpayment of a bill, (ii) without having been delinquent in the payment of bills more than once, and (iii) has not had more than one returned check, a member participating in the Advanced Metering Opt Out Program may then request a quarterly read schedule. In this event, the member participating in the Advanced Metering Opt Out Program will be charged a fee of $45.00 each quarter for non-standard manual meter readings by the Cooperative and for processing of such readings for each service location. An additional $1 per mile charge for service locations further than 20 miles from nearest area office will apply. For any member on a quarterly read schedule, the monthly fees will still apply and the usage for each month will be estimated based on the member’s previous usage. Any under-billing or overbilling resulting from such estimate will be adjusted after the meter is read quarterly. 200.9 Meter Tampering A member’s account will be debited a $500.00 fee plus estimated energy consumed where meter tampering occurs. 200.10 Billing Bills will be sent to members each month. Bills are due upon receipt and will become delinquent if not paid by the due date shown on the bill. Bills are not considered paid until Pedernales Electric Cooperative receives the payment. Accounts not paid by the due date may be assessed a $20.00 Late Payment Processing Fee. Any governmental entity asserting eligibility to be billed under Texas Government Code Chapter 2251 may file a written notice asserting their eligibility, and the Cooperative will determine whether the entity is subject to that statute. Bills to all non-residential accounts other than state agencies or other governmental entities that the Cooperative has approved as being subject to Texas Government Code Chapter 2251, may be assessed a Late Payment Processing Fee of $20.00 or 6% of the unpaid balance, whichever is greater, if not paid by the due date. All bills rendered to state agencies or other governmental entities that the Cooperative has approved as being subject to Texas Government Code Chapter 2251, shall be in accordance with that statute. Bills will be calculated under the appropriate rate schedule. If the Cooperative finds that an account is being billed incorrectly, the account will be corrected immediately for future billings and the member will be notified. 200.11 Under-billing and Overbilling If charges are found to be higher than authorized in the Cooperative’s tariffs or if the Cooperative fails to bill a member for services, then a billing adjustment will be calculated by the Cooperative and applied in the manner described herein. Notwithstanding the foregoing, any billing adjustments greater than $5,000 may be adjusted to the date of error if identified by the Cooperative. A. Under-billing 1. If the member’s account is under-billed because of failure to receive meter readings, faulty metering equipment or other equipment error resulting in unreported use, the Cooperative will estimate the unbilled amount and adjust the member’s bill accordingly, up to 3 months. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 17 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 187 2. If the member’s account is under-billed because of billing, rate assignment, processing errors or other similar circumstance resulting in unreported use, the Cooperative will estimate the unbilled amount and adjust the member’s bill accordingly, up to 6 months. 3. If the member’s account is under-billed because of meter tampering, bypass, diversion or other similar circumstance resulting in unreported use, the Cooperative will estimate the unbilled amount and adjust the member’s bill accordingly for the entire period of unreported use. A deferred payment arrangement may be available for any periods of under-billing except for such periods resulting from meter tampering, bypass, diversion or other similar circumstance. B. Overbilling 1. If the member’s account is overbilled because of billing, rate assignment, processing errors or other similar circumstance, the Cooperative will adjust the member’s bill accordingly for the entire period of overbilling. 2. If the member’s account is overbilled because of failure to receive meter readings, faulty metering equipment or other equipment error, the Cooperative will adjust the member’s bill accordingly for the entire period of overbilling. 200.12 Payment All bills for electric service are payable by mail, in person at any Cooperative office, or via any of the payment options offered by the Cooperative. The Cooperative may discontinue service to members who fail to pay for service within seven days from the date of the delinquent notice. Members may make arrangements with the Cooperative for payment of delinquent accounts so that they will not be disconnected for non-payment. If the Cooperative dispatches a service representative to collect a delinquent bill, a $75.00 Collection Fee will be included in the collection amount. Failure to pay a service representative the full amount owed at the time may result in immediate disconnection of service. If the member’s service is disconnected, a reconnection will not be made until the account is paid in full and a reconnection fee together with a deposit is paid and when applicable a same day service fee. Under no circumstances will the Cooperative be liable for losses incurred resulting from the disconnection of service due to a member’s failure to pay for electrical service or any other reason for disconnection required by the Cooperative’s policies. 200.13 Payment Options Deferred Payment Arrangement - A deferred payment arrangement is an agreement between the Cooperative and the Residential, Farm/Ranch, or Water Well member by which a delinquent account may be paid in installments that extend beyond the due date of the next bill. A member who is unable to pay his or her delinquent account and has not been delinquent on more than once in the last 12 months may be offered a deferred payment arrangement. The member must pay the current bill each month, plus the agreed upon portion of the amount deferred. Failure to fulfill the terms of the agreement will result in discontinuance of service and all amounts owed become due immediately. The Cooperative may decline to offer this plan if, in the Cooperative’s judgment, the member is lacking sufficient credit or satisfactory history to warrant further extension of credit or if the member has failed to provide complete, accurate and verifiable identification information when requested by the Cooperative. Fixed Payment Plan – This plan allows a member to pay a fixed amount per month based on twelve months total billings divided by 366 days. A true-up and recalculation will be required no more than every 12 months. Upon such true-up and recalculation, any overpayments or underpayments shall either be credited or debited from the account as applicable. The amount of any underpayment will be added to the amounts due. The amount of any overpayment will be deducted from any amounts owed. This plan is applicable to the Residential and Farm/Ranch and Water Well rates only. Members may enroll anytime with participation beginning with the first bill rendered after enrollment. The plan may be cancelled by either the member or the Cooperative upon notification to the other party. Upon cancellation the accumulated balance of the member’s account shall become due and payable. The Cooperative may decline to offer the Fixed Payment Plan if, in the Cooperative’s judgment, the member is lacking sufficient credit or satisfactory history to warrant payment plans or if the member has failed to provide complete, accurate and verifiable identification information when requested by the Cooperative. ( Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 18 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 188 Average Payment Plan – Under this plan, the member’s monthly payment is the rolling 12 months average. This plan is applicable to the Residential and Farm/Ranch and Water Well rates only. Members may enroll anytime with participation beginning with the first bill rendered after enrollment. The plan may be cancelled by either the member or the Cooperative upon notification to the other party. Upon cancellation the accumulated balance of the member’s account shall become due and payable. The Cooperative may decline to offer the Average Payment Plan if, in the Cooperative’s judgment, the member is lacking sufficient credit or satisfactory history to warrant payment plans or if the member has failed to provide complete, accurate and verifiable identification information when requested by the Cooperative. Credit Card Payment Plan - The credit card payment plan allows residential members to pay their utility bills with an accepted credit card using one of the following options: 1. To pay automatically, a member can make arrangements by contacting a Cooperative representative and requesting a payment plan be set up, or 2. To pay as needed, a member can contact a Cooperative representative and initiate the payment transaction. The member will need to indicate the amount of the payment and provide necessary credit card information and authorization. Bank Draft Payment Plan - The bank draft payment plan allows members to authorize the Cooperative to draft their checking accounts monthly. The amount drafted will be for: 1. The current bill due, or 2. The payment due as agreed on the Deferred Agreement. The member’s checking account will be drafted automatically on the bill due date or on the due date of the Deferred Agreement contract. 200.14 Interconnection Any interconnection with the Cooperative must be in accordance with the Cooperative’s Interconnection Policy for Small Generators and only after execution of the Cooperative’s Agreement for Interconnection. 200.14.5 On-Bill Financing Program [EFFECTIVE JANUARY 1 FEBRUARY 15, 2016] Any consumer loan to a member with the Cooperative must be in accordance with the Cooperative’s On-Bill Financing Program Manual, any underwriting guidelines, and only after execution of the Cooperative’s required loan and security agreements. 200.15 Disconnection of Service Service may be disconnected for any of the following reasons: The member in whose name the account is established may request disconnection. The member’s account is delinquent and unpaid. If the member pays a delinquent account balance with a check returned to the Cooperative for insufficient funds. Failure to comply with the terms of any payment agreement. Failure to pay a deposit when required. Failure to pay guaranteed amount when required. Where the Cooperative discovers that service is being obtained in any unlawful manner. Where a known dangerous condition exists for as long as it exists. If the member’s use of electric service interferes with the service of other members. If required by the lawful ordinance of a municipality having authority to order such disconnection. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 19 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 189 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a The Cooperative will assess a $100.00 fee for reconnection after non-payment. Service reconnections after non-payment will not be performed after normal business hours unless the Cooperative determines otherwise. In the event any service reconnections after non-payment are performed after normal business hours on Monday through Friday or on Saturdays or Sundays, a non-refundable same-day service fee of $250 will be required to be paid prior to reconnection. This fee is in addition to the past due balance, reconnection fee, deposits and any other fees required. For good cause, including for natural disasters or other declared emergencies, the Chief Executive Officer may waive, suspend, or modify the Reconnection Fee for a limited duration to address the circumstances. After a good cause determination, the Chief Executive Officer must inform the Board of Directors at its next Regular Meeting of all actions taken under this section. 200.17 Disputed Bills In the event of disputes between a member and the Cooperative regarding any bill for electric service, the Cooperative will investigate the circumstances and report the results to the member. If the dispute remains, the member may meet with a Cooperative representative to resolve it. If unresolved, the member will be advised of the Member Complaints procedures of the Cooperative. Members are obligated to pay billings that are not disputed. 200.18 Member Complaints The Cooperative has established procedures to address all complaints from members. Complaints will be investigated and the results will be reported to the complainant. If dissatisfied, the complainant may file a written complaint with either the Cooperative’s Chief Executive Officer or designee of the Chief Executive Officer. The complainant will be advised of the results within 10 days of the complaint. Service should not be disconnected before completion of the review. If the member chooses not to participate in a review, the Cooperative may disconnect service, provided proper notice has been issued under the disconnect procedures. 200.19 Returned Check/Denied Bank Draft/Denied Credit Card The member’s account will be debited for the amount of each returned check, plus a $30.00 fee. If an account is setup for automatic payment by credit card or bank draft and then is denied, the member’s account will be debited for the denied amount, plus a $30.00 fee. If the member pays a delinquent account balance with a check returned to the Cooperative for insufficient funds the account will be disconnected. 200.20 Member Voting Each member who is receiving service from the Cooperative shall be entitled to one (1) vote upon each matter submitted to a vote at a meeting of the members. At all meetings of the members at which a quorum is present, all questions shall be decided by a vote of a majority of the members voting thereon in person, by mail, or, when the option is made available to members, electronically, except as otherwise provided by law, the Articles of Incorporation of the Cooperative, or the Bylaws. 200.21 Member Access to Cooperative Records A member, on written request, is entitled to examine and copy (at the member's expense), at any reasonable time, the books and records of the PEC. Requests for information are restricted to members of PEC, and the Cooperative reserves the right to charge a fee to the member, payable in part or wholly in advance, if fulfilling the request will require large amounts of employee time. Most of the information collected, assembled, or maintained in connection with the transaction of PEC business is available to members, with a few exceptions. Inspection of certain records may be limited or denied in cases including: privacy, attorney-client privilege; real estate subject matter, personnel subject matter, security; or matters that are clearly Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 200.16 Reconnection Fee Page 20 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 190 competitive, when the Board of Directors determines in good faith that disclosure presents a compelling risk of likely harm to the Cooperative or its members. This policy does not cover material that is requested as part of a legal proceeding. All member requests for information should be directed to: Open Records Request, Pedernales Electric Cooperative, Inc., P.O. Box 1, Johnson City, TX 78636. 200.22 Account Research Services When records are requested by subpoena, a fee of $40.00 per hour may be charged to the requestor. 200.23 Easement Release The Cooperative will assess a $300.00 fee for processing an Application for Easement Release. 200.24 Switchover Policy In cases where electric service is being provided to a member by the Cooperative and the member requests disconnection of electric service to obtain electric service from another utility certified to the area, the following rules shall apply: The member shall request the Cooperative, in writing, to disconnect electric service from the desired location. The member shall pay the following charges prior to disconnection: A charge of $100.00 to cover labor and transportation costs involved in the disconnection. A charge for distribution facilities rendered idle as a result of the disconnection and not useable elsewhere on the system based on the original cost of such facilities less accumulated depreciation, salvage, and any previous contribution in aid-to-construction. A charge for the labor and transportation costs involved in removing any idle facilities. This charge will only apply if removal is requested by the disconnecting member, if removal is required for safety reasons, or if the salvage value of the facilities does not exceed such removal costs. All charges for electric service up to the date of disconnection. Upon payment of the above charges, the member shall receive a paid receipt from the Cooperative for presentation to the connecting utility. The member shall be advised that the connecting electric utility may not provide service to said member until such connecting utility has evidence that the member has paid all charges provided for under this tariff. 200.25 Status of the Policy The Service Policy is subject to change at any time by the Board of Directors. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 21 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 191 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Line Extension Policy 300.1 General Policy The Cooperative extends its distribution facilities to members or applicants in accordance with the following line extension provisions. Each provision classifies the predominant type of electric service/use anticipated on member’s or applicant's premises and specifies conditions under which a line extension may be made. For each location where electric service is desired, member’s or applicant's classification involves an evaluation of the type of installation and its use. member’s or applicant's classification shall be determined by the Cooperative. In the event that the classification assigned by the Cooperative is incorrect based upon member’s or applicant's subsequent actual use of the installation then the Cooperative may alter member’s or applicant's classification and apply the correct line extension classification, making appropriate adjustment to the member’s or applicant's account or billing. Service will not be provided and no work to extend service to the applicant’s or member’s delivery point shall be performed until the applicant or member has paid any and all fees or charges associated with the provision of service. This includes membership fees, establishment fees, facilities charges, deposits, and/or system impact fees. 300.2 Permanent Overhead Residential, Farm, and Ranch Service The Cooperative will construct a new overhead distribution extension consistent with the Cooperative’s current specifications to serve a permanent residential installation under the following provisions: A. Applicability. To qualify as an extension to a permanent residential installation the location where member or applicant is requesting service shall comply with the following provisions: B. (1) be a permanent installation. To qualify as a permanent location, the applicant will either have a definite plan for or has commenced the construction of the building or other permanent facilities stipulated in the application by installing a water well or slab/foundation. (2) be a single or multi-family residence. (3) if located within a residential subdivision or multi-family residential development, the developer must have complied with the residential development line extension policy of the Cooperative and paid all aid to construction required therein. Point of Delivery. The Cooperative extends its electric facilities only to the Point of Delivery (as defined in Section 100(4) of this Tariff). Member or applicant shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weatherhead and the meter base to customer’s main disconnect switch or service center. C. Facilities Charge. (1) The Cooperative shall estimate the cost for the line extension based on current unit material and labor costs according to the Cooperative’s current standards and specifications. The estimated cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering, right-of-way acquisition and clearing, and all other costs directly attributable to the extension. (2) There will be no charge to the member or applicant for the first $2000.00 of estimated cost of making the extension and such amount shall be the Cooperative’s obligation. The member or Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 300 Page 22 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 192 applicant shall be required to pay as aid to construction the estimated cost of the extension in excess of such amount. D. E. Routing. (1) The line extension shall be constructed along the most direct route. Any deviation from the most direct route shall be at the Cooperative’s sole discretion. (2) In all cases, the line extension shall be constructed on dedicated rights-of-way or on a route covered by an easement on the Cooperative’s standard form. (3) Any and all right-of-way clearing shall be performed to the Cooperative’s specifications. The estimated cost of the clearing shall be included in the estimated cost of the line extension. At the option of the member or applicant and with the agreement of the Cooperative, the applicant may perform the clearing or hire separately a contractor to perform the clearing, provided it is performed in a timely manner and to the Cooperative’s specifications. System Impact Fee. A non-refundable charge of $200.00 will be collected for extending service to a new location. This amount represents a contribution in aid of construction toward the Cooperative’s System Cost associated with substation and distribution backbone facilities and is in addition to any amount due for the line extension. 300.3 Other Residential, Farm, and Ranch Overhead Service Extensions The Cooperative will construct a new extension of its overhead system to serve other residential installations under the following provisions: A. Applicability. To qualify as an extension to other residential class installations, the location where the member or applicant is requesting service shall: B. (1) be a residence or dwelling unit not qualifying as a permanent installation; or (2) be a barn, shop, water well, gate opener, or other service that is not used for any commercial purpose. Point of Delivery. The Cooperative extends its electric facilities only to the Point of Delivery (as defined in Section 100(4) of this Tariff). Member or applicant shall install and be solely responsible for wiring of the installation and all service entrance wiring through the weatherhead and the meter base to member’s or applicant's main disconnect switch or service center. C. Facilities Charge. (1) The Cooperative shall estimate the cost for the line extension based on current unit material and labor costs for the same type of construction in the most recent data available. The estimated cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering, right-of-way acquisition and clearing, and all other costs directly attributable to the extension. (2) There will be no charge to the member or applicant for the first $800.00 of estimated cost of making the extension and such amount shall be the Cooperative’s obligation. The member or Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 23 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 193 applicant shall be required to pay as aid to construction the estimated cost of the extension in excess of such amount. D. System Impact Fee. A non-refundable charge of $200.00 will be collected for extending service to a new location. This amount represents a contribution in aid of construction toward the Cooperative’s System Cost associated with substation and distribution backbone facilities and is in addition to any amount due for the line extension. 300.4 Other Overhead Line Extensions The Cooperative will construct a new extension of its overhead distribution system to serve all other permanent installations under the following provisions: A. Applicability. To qualify for an extension under this section 300.4, the location where member or applicant is requesting service shall: B. (1) be a permanent installation, and (2) be classified as commercial, industrial, or public building installation; and (3) if located within a commercial development, the developer must have complied with the commercial development line extension policy of the Cooperative and paid all aid to construction required therein. Point of Delivery. The Cooperative extends its electric facilities only to the Point of Delivery (as defined in Section 100(4)) of this Tariff). Member or applicant shall install and be solely responsible for wiring of the installation on member’s or applicant's side of the point of delivery. C. Facilities Charge. (1) The Cooperative shall estimate the cost for the line extension based on current unit material and labor costs for the same type of construction. The estimated cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering right-of-way acquisition and clearing, overhead, and all other costs attributable to the extension. (2) A contribution in aid of construction for provision of electric service is required if the estimated annual revenue from member or applicant, excluding purchased power cost, is less than the revenue requirement associated with the Cooperative’s system and direct investment costs of providing service to member or applicant. The amount of the customer’s contribution in aid of construction shall be determined by the following formula. If the amount calculated below is zero or negative, no contribution in aid of construction is required for provision of electric service. Cooperative’s Allowable Investment (CAI) = Annual Revenue / Return Factor Total Project Cost (TPC) = Direct Cost + System Cost Member’s/Applicant's Contribution = TPC - CAI Where: Direct Cost = The cost of distribution or transmission facilities necessary to provide electric service to the member or applicant, determined by estimating all necessary expenditures, including, but not limited to overhead distribution Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 24 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 194 facilities, metering and rearrangement of existing electrical facilities. This cost includes only the cost of the above-mentioned facilities that are necessary to provide service to the particular customer requesting service and does not include the costs of facilities necessary to meet future anticipated load growth, or to improve the service reliability in the general area for the benefit of existing and future customers. (3) D. System Cost = Cooperative’s average allocated investment costs and rate base items associated with transmission backbone facilities, distribution substation facilities and distribution backbone facilities as determined from the Cooperative’s most recent cost of service study. Annual Revenue = Annual revenue from the member or applicant computed using estimated billing units less the estimated annual cost of purchased power. Return Factor = The fixed charge rate, including O&M, Depreciation, Taxes and a return on investment, necessary to convert an annual revenue stream to the total revenue associated with the life of the project. For members or applicants with loads greater than 1000 kW the Cooperative shall exercise prudent judgment in determining the conditions under which a specific line extension will be made and shall view each case individually. The Cooperative shall analyze costs to provide service and base facilities charges on the rate of return generated by the rate design. Special contractual arrangements will be made with the member or applicant and may include contribution in aid of construction in advance of construction or as a monthly facilities charge, special contract minimums, special service specifications, special contract terms greater than 5 years, or other arrangements or conditions deemed reasonable by the Cooperative. All amounts paid to the Cooperative as contribution in aid of construction shall be non-refundable. Contract Term. Where a line extension is required to provide service, the Cooperative may require member or applicant to sign an Agreement For Electric Service or a term of up to 5 years, provided, however, that an agreement for a longer term may be required in accordance with Section 300.4(C)(3) above. E. System Impact Fee. A non-refundable charge of $200.00 will be collected for extending service to a new location. This amount represents a contribution in aid of construction toward the Cooperative’s System Cost associated with substation and distribution backbone facilities and is in addition to any amount due for the line extension. 300.5 Residential Developments A. Applicability. The Cooperative will construct a new extension of its overhead distribution system to provide service within residential developments under the following conditions: (1) The development is a platted, recorded residential subdivision to be primarily used or developed for permanent single or multi-family residential dwelling units; (2) The land developer shall comply with all applicable provisions of the Service Rules and Regulations of the Cooperative; (3) All Cooperative facilities will be installed in recorded public or private easements along streets or public rights-of-way deemed suitable by the Cooperative; Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 25 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 195 B. (4) Cooperative facilities will not be installed along the backs of lots or in areas deemed inaccessible by the Cooperative; (5) The developer provides at no cost to the Cooperative: (a) Right-of-way easements and covenants on owner’s property that are satisfactory to the Cooperative; (b) Site plans (streets, wet utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed. (c) Survey points for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the electric system. Facilities Charge. (1) The Cooperative shall estimate the cost for the electric facilities adequate to serve all prospective members in the development. These facilities will include primary and secondary conductors and any electric equipment, and devices required for service to the development. The estimate for these facilities will be based on current unit material and labor costs for the same type of construction in the most recent data available. The estimated cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering, right-of-way acquisition and clearing, and all other costs directly attributable to the extension. The estimate will not include costs for voltage transformation or services. (2) The developer will bear the cost of the facilities, identified in paragraph B.1 of this section, required for the distribution system within the subdivision. Each member or applicant for residential service within the subdivision shall receive service under the provisions of section 300.2 of this policy and shall be responsible for any contributions in aid of construction and any system impact fees required by the provision of such service. (3) Any commercial facilities associated with the development such as offices, clubhouses, laundry facilities, etc. shall be separately considered under the provisions of section 300.4. The developer or member or applicant for such service shall be responsible for any contributions in aid of construction and any system impact fees required by the provision of such service. (4) Any undue cost experienced by the Cooperative during the construction of the distribution system within the subdivision to placement of obstacles by the developer or home builder will be paid by the developer, home builder, member or applicant. (5) All amounts paid to the Cooperative for construction shall be non-refundable. (6) All Cooperative facilities required within the limits of the subdivision will be installed on a schedule set by the Cooperative based on the necessary load requirements but prior to the provision of service to individual applicants. 300.6 Commercial Developments A. Applicability. The Cooperative will construct a new extension of its overhead distribution system to provide service within commercial developments where developer requests electric infrastructure to be installed in advance of development of a site or lot by a member or applicant, under the following conditions: Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 26 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 196 (1) The development is a platted commercial development with sites or lots for multiple members or applicants to be primarily used or developed for permanent commercial, industrial, retail, and/or office use; (2) The land developer shall comply with all applicable provisions of the Service Rules and Regulations of the Cooperative; (3) The developer will provide at no cost to the Cooperative: (4) (a) Right-of-way easements and covenants on owner’s property that are satisfactory to the Cooperative; (b) Site plans (streets, wet utilities, mechanical, electrical, plumbing, and landscaping plans, etc.), notice of construction start dates and construction schedules that are reasonable and industry typical for the type of work to be performed. (c) Survey points for grades, lot corners, street ROW, and other locations reasonably necessary for installation of the electric system. Line extensions to each member or applicant within the development will be according the terms and conditions in section 300.4 – Other Line Extensions. B. Facilities Charge. (1) The Cooperative shall estimate the cost of the electric infrastructure adequate to serve all prospective members within the development. This will be determined in advance of development of a site or lot by a member or applicant based on current unit material and labor costs for the same type of construction. The estimated cost is the total cost of all construction including not only the labor and materials used in constructing the extension, but also engineering right-of-way acquisition and clearing, overhead, and all other costs attributable to the extension. (2) The developer will be required to pay in advance 100% of the estimated actual cost of such electric infrastructure. The Cooperative at its sole discretion may accept other guarantee or contractual arrangement in lieu of cash payment. 300.7 Underground Service A. The following provisions for the extension of underground service to individual members/applicants or residential or commercial developments are in addition to the standard provisions relating to overhead service. B. Underground Service to Individual Members or Applicants: Underground electric primary and secondary lines to serve members or applicants may, by special arrangement with the Cooperative, be provided subject to the above conditions. In addition, when receiving underground service, the member will be responsible for providing all trench and associated backfill, concrete work associated with padmounted gear, and all conduit and its installation. C. Underground Service to Subdivisions or Commercial Developments: Where a developer requests the construction of underground electric facilities within a platted subdivision or commercial development, the developer shall bear the cost of installing the underground electric system adequate to serve all prospective members who may require electric service from said underground system. The developer shall be responsible for providing all trench and associated backfill, concrete work associated with padmounted gear, and all conduit and its installation. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 27 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 197 D. Where the design of the development is such that switchgear are required for proper and safe operation of the distribution system, the developer will bear the cost of the switchgear. Where switchgear are installed solely for the convenience of the Cooperative, such as to provide flexibility in serving load outside of the development, then the Cooperative shall bear the cost of such switchgear. E. In all cases, underground secondary service lines from a meter to the member’s main disconnect switch or service center shall be installed and maintained by the member and the Cooperative shall have no responsibility or liability in connection therewith. F. For Commercial/Industrial/multi-family residential underground services where the meter or a bank of meters is to be located on the building or adjacent to the load, the service (cable, conduit, and trench) from the transformer to the load will be provided by the Member/developer. In those cases where the number of service cables will exceed the number of termination points on secondary terminal of the transformer, a tap box (per PEC Specifications) is to be provided by Member/developer. The Member/developer will provide the entire service, from the transformer to tap box to the load. The number of cables from the transformer to the tap box shall not exceed number of termination points on the secondary terminal of the transformer. the the the the 300.8 Temporary Service In any circumstance where the need for electric service is temporary the member or applicant shall pay 100 % of the estimated cost of construction plus the cost of removal. 300.9 Area Lighting The Cooperative will provide secondary service conductor to serve an area lighting fixture without charge to the member or applicant. Member or applicant will pay in advance as non-refundable aid to construction the estimated cost of any additional facilities. 300.10 Line Clearance The Cooperative will assist in the transportation of oversized objects through the area or in the construction of buried pipelines or other objects with the Cooperative’s right-of-way by temporarily de-energizing Cooperative facilities or temporarily relocating or raising electric facilities provided that the Cooperative receives compensation for all costs incurred. Costs incurred shall include labor, materials used, engineering, right of way acquisition and clearing, and vehicles or equipment used including mileage if applicable. 300.11 Ownership of Distribution Facilities The Cooperative shall retain the ownership of all material and facilities installed by the Cooperative, developer, or applicant for the distribution of electric energy whether or not the same have been paid for by the member except those services installed past the point of delivery as defined in Section 100 General Provisions, 4. Point of Delivery. All lines and facilities constructed or installed by the Cooperative are the property of the Cooperative. 300.12 No Refund of Aid to Construction Payments necessary for construction of facilities which will be used to deliver electric energy to the applicant or member are contributions in aid of construction and are not refundable. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 28 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 198 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a A. The Cooperative will relocate its facilities on member’s or applicant's premises at member’s or applicant's request provided member or applicant has (1) provided a satisfactory easement for the new facilities; and (2) paid in advance the estimated cost of the removal of the old facilities plus the estimated cost for the construction of the new facilities. B. If the Cooperative determines it is necessary to move its facilities because member or applicant fails or refuses to allow the Cooperative access to Cooperative’s facilities at any time then member or applicant may be billed the estimated cost of relocation. C. The Cooperative will replace an existing overhead electric line with an underground line upon request of a member or applicant, land owner, or other party, provided, however, that Cooperative has (1) determined in its sole discretion that such replacement does not adversely impact electric service reliability or the Cooperative’s operating efficiencies, (2) received an adequate easement(s), in a form acceptable to the Cooperative, for the construction, installation, maintenance, operation, replacement and/or repair of the underground facilities, at no cost to the Cooperative, and (3) received payment in advance of the commencement of such replacement for all costs of removal of the overhead facilities and the full amount of the Cooperative’s estimated cost for the construction and installation of the new underground facilities. 300.14 Formula for Calculating Contribution in Aid of Construction The amount of the contribution in aid of construction for electric service is determined by the following formula. If amount calculated below is zero or negative, no contribution in aid of construction is required for provision of electric service. Cooperative's Allowable Investment = Annual Revenue / Return Factor Total Project Cost = Direct Cost + System Cost Member/Applicant Contribution = Total Project Cost - Cooperative's Allowable Investment Where: Direct Cost = The cost of distribution or transmission facilities necessary to provide electric service to member or applicant, determined by estimating all necessary expenditures, including, but not limited to, metering, services, transformers, and rearrangement of existing electrical facilities. This cost includes only the cost of the above-mentioned facilities that are necessary to provide service to the particular customer requesting service and does not include the costs of facilities necessary to meet future anticipated load growth, or to improve the service reliability in the general area for the benefit of existing and future customers. System Cost = Cooperative's average allocated investment costs associated with member's or applicant's on-peak and off-peak demands as approved in Cooperative's most recent rate case for the appropriate class of member or applicant. Investment cost accounts considered in determining the allocated investment costs are those applicable 300 series FERC accounts and other rate base items, including plant held for future use, cash working capital, materials and supplies, prepayments, customer deposits, reserve for insurance and other cost-fee capital. Annual Revenue = Estimated annual revenue from member or applicant computed from estimated demand and kWh, excluding fuel cost and sales tax. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 300.13 Relocation of Facilities Page 29 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 199 Return Factor = Fixed charge rate, including O&M, taxes, insurance, necessary to convert an annual revenue stream to the total revenue associated with estimated life of project. 300.15 Status of the Policy The Line Extension Policy is subject to change by the Board of Directors. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 30 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 200 400 CREDIT REQUIREMENTS AND DEPOSITS 400.1 Credit requirements for permanent residential applicants and members. (A) The Cooperative will require an applicant for residential service or an existing residential member to establish and maintain satisfactory credit as a condition of providing service. (1) Establishment of credit shall not relieve any member from complying with the Cooperative's requirements for prompt payment of bills. (2) The credit worthiness of spouses established during shared service in the 12 months prior to their divorce will be equally applied to both spouses for 12 months immediately after their divorce. (B) An applicant for residential service or an existing residential member can establish satisfactory credit by: (1) clearing any unpaid or delinquent balances prior to re-establishing service with the Cooperative; and (2) meeting and adhering to the Cooperative’s payment policies and/or payment plan such that: (i) during the most recent 12 consecutive months of service the member is not late in paying a bill more than once; (ii) the member does not have service disconnected for nonpayment; and (iii) the member does not have more than one returned check. (3) As an applicant, having been a customer of any electric service provider for the same kind of service within the last two years and not having been delinquent more than once in payment of any such electric service account in the most recent 12 consecutive months of service and evidenced by a letter of credit history from the applicant's previous electric service provider. (4) As an applicant, having a credit risk assessment conducted by the Cooperative or on its behalf and receiving a satisfactory credit risk assessment. (C) 400.2 If satisfactory credit cannot be established by the residential member using these criteria, the member may be required to pay a deposit pursuant to this section. Credit requirements for non-residential members or applicants. For non-residential service, if an applicant's or existing member’s credit has not been demonstrated satisfactorily to the Cooperative, the applicant or member may be required to pay a deposit in an amount not to exceed onesixth of the annual estimated bill. Satisfactory credit may be demonstrated by (a) an applicant or member for a period of 24 consecutive non-residential billings without having service disconnected for nonpayment of a bill and without having been delinquent in the payment of bills more than once or (b) as an applicant, having been a customer of any electric service provider for the same kind of service within the last two years and not having been delinquent more than once in payment of any such electric utility service account in the most recent 24 consecutive months of service and evidenced either by a satisfactory letter of credit history from the applicant's previous electric service provider or by a satisfactory credit risk assessment conducted by the Cooperative or on its behalf. 400.3 Deposits and Guarantee Agreements. (A) (1) An applicant, who has not previously received service from the Cooperative, will be required to pay: (a) a fixed deposit in the amount of $150 for residential service or $300 for non-residential service in the event the applicant fails to provide complete, accurate and verifiable identification information when requested by the Cooperative when applying for electric service; or (b) a fixed deposit in the amount of either $75 or $150 for residential service or $300 for nonresidential service in the event the applicant fails to either (a) provide a satisfactory letter of credit history from its previous electric service provider or (b) receive a satisfactory credit risk Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 31 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 201 assessment conducted by the Cooperative or on its behalf. The amount of the deposit due will be based on a credit risk assessment. (2) An existing member when applying for additional electric service, will be required to pay: (a) a fixed deposit in the amount of $150 for residential service or $300 for non-residential service in the event the existing member fails to provide complete, accurate and verifiable identification information when requested by the Cooperative; or (b) a fixed deposit in the amount of either $75 or $150 for residential service or $300 for nonresidential service in the event the member failed to satisfactorily demonstrate to the Cooperative the member's creditworthiness or otherwise demonstrated a previous history of neglect to fulfill membership obligations, such as (but not limited to) paying a bill late more than once during the most recent 12 consecutive months of service, service disconnection for nonpayment, failure to meet obligations under a deferred payment agreement, return of a check for insufficient funds, theft of service, meter tampering, safety code violations or fraud. The amount of the deposit due will be based on a credit risk assessment. (3) If the member applying for additional electric service has less than 12 consecutive months of service, that member may provide a satisfactory letter of credit history from its previous electric service provider or have a credit risk assessment conducted by the Cooperative or on its behalf and receive a satisfactory credit risk assessment. (4) An applicant, who previously had service with the Cooperative, or an existing member, each of whom failed to satisfactorily demonstrate to the Cooperative creditworthiness or otherwise demonstrated a previous history of neglect to fulfill membership obligations may be required to pay a deposit (a) in an amount of either $75 or $150 for residential service (the amount of the deposit due will be based on a credit risk assessment) or $300 for non-residential service or (b) in an amount not to exceed one-sixth of the annual estimated bill in the event the applicant or member fails to provide complete, accurate and verifiable identification information when requested by the Cooperative. (B) If the applicant or existing member already has paid a fixed deposit, the applicant or member may be required to pay an additional deposit up to a total deposit amount not to exceed one-sixth of the annual estimated bill. (C) Notwithstanding the foregoing, if the applicant or existing member has been determined to be a victim of family violence as defined in the Texas Family Code §71.004, such person will not be required to pay either an initial or additional deposit when establishing new service. This determination shall be evidenced by submission to the Cooperative of a certification letter developed by the Texas Council on Family Violence within 10 business days of the application for service. This waiver in Section 400.3(C) shall only be applied towards an initial or additional deposit for a single location for the applicant or existing member unless another certification letter is later provided. Any reconnections after nonpayment will be subject to payment of the past due balance, reconnection fee, deposits and any other fees required. (D) The Cooperative may refuse to provide service to an applicant or member if the requested deposit is not paid at the initiation of service. The Cooperative may also refuse to reconnect service to an applicant or existing member if the requested deposit is not paid upon request. (E) Guarantees of residential member accounts. (1) A guarantee agreement between the Cooperative and a guarantor with satisfactory credit must be in writing and shall be for no more than the amount of the initial deposit the Cooperative would require on the applicant's account pursuant to subsection (A) of this section. The amount of the guarantee shall be clearly indicated in the signed agreement. A guarantor can establish satisfactory credit by meeting and adhering to the Cooperative's payment policies and/or payment plan such that: (i) during the most recent 12 consecutive months of service the guarantor is not late in paying a bill more than once, (ii) the Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 32 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 202 guarantor does not have service disconnected for nonpayment; and (iii) the guarantor does not have more than one returned check. (2) The guarantee shall be voided and returned to the guarantor according to the provisions of Section 400.08. (3) Upon default by a residential member the guarantor of that member's account shall be responsible for the unpaid balance of the account only up to the amount agreed to in the written agreement. (4) The Cooperative shall provide written notification to the guarantor of the member's default, the amount owed by the guarantor, and the due date for the amount owed. (5) The Cooperative shall provide the guarantor a bill which will include the payment due date which will not be less than 16 days after issuance. (6) The Cooperative may transfer the amount owed on the defaulted account to the guarantor's own service bill provided the guaranteed amount owed is identified separately on the guarantor's bill. (7) The Cooperative may disconnect service to the guarantor for nonpayment of the guaranteed amount only if the disconnection was included in the terms of the written agreement, and only after proper notice as described by subsection (E) of this subsection. 400.4 Deposits for temporary or seasonal service and for weekend residences. The Cooperative will require a deposit sufficient to reasonably protect it against the assumed risk for temporary or seasonal service or weekend residences, as long as the policy is applied in a uniform and nondiscriminatory manner. These deposits shall be returned according to guidelines set out in subsection 400.8. 400.5 Amount of deposit. The total of all deposits from a member or applicant for service shall not exceed one-sixth of the estimated annual billing; provided however, that for those members or applicants subject to the fixed deposit amount described in Section 400.3 above, the amount of the deposit shall not be less than the amount of those fixed deposits. 400.6 Interest on deposits. The Cooperative shall pay interest on any required deposits at an annual rate at least equal to that set by the Public Utility Commission of Texas on December 1 of the preceding year, pursuant to Texas Utilities Code §183.003 (Vernon 1998) (relating to Rate of Interest). If a deposit is refunded payment of interest shall be made retroactive to the date of deposit. (Effective Sept. 1, 2012) (A) (B) 400.7 Payment of the interest to the member shall be made annually or at the time the deposit is returned or credited to the member's account. The deposit shall cease to draw interest on the date it is returned or credited to the member's account. Records of deposits. (A) (B) (C) (D) The Cooperative shall keep records to show: (1) the name and address of each depositor; (2) the amount and date of the deposit; and (3) each transaction concerning the deposit. The Cooperative shall issue a receipt of deposit to each applicant or member paying a deposit and shall provide means for a depositor to establish a claim if the receipt is lost. The Cooperative shall maintain a record of each unclaimed deposit for at least four years. The Cooperative shall make a reasonable effort to return unclaimed deposits. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 33 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 203 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a 400.9 Refunding deposits and voiding letters of guarantee. (A) If service is not connected, or is disconnected, the Cooperative shall promptly (1) refund the member's or applicant’s deposit plus accrued interest on the balance, if any, in excess of the unpaid bills for service furnished and (2) void and return to the guarantor all letters of guarantee on the account or provide written documentation that the contract has been voided. (B) When the member has paid bills for service for 12 consecutive residential billings or for 24 consecutive nonresidential billings (i) without having service disconnected for nonpayment of a bill, (ii) without having been delinquent in the payment of bills more than once, and (iii) has not had more than one returned check, the Cooperative shall promptly refund the deposit plus accrued interest to the member or credit the amount of the deposit and accrued interest to the member’s account or void and return the guarantee or provide written documentation that the contract has been voided. The deposit may be retained if the member (1) does not meet the foregoing refund criteria or (2) failed to provide complete, accurate and verifiable identification information when requested by the Cooperative. The letter of guarantee may be retained if the member does not meet the foregoing refund criteria. Re-establishment of credit. A member whose service has been disconnected for nonpayment of bills or theft of service (meter tampering or bypassing of meter) shall be required, before service is reconnected, to pay all amounts due the Cooperative, including reconnection and other applicable fees, and reestablish credit. 400.10 Status of Credit and Deposit Requirements. The Cooperative's credit and deposit requirements are subject to change at any time by the Board of Directors. For good cause, including for natural disasters or other declared emergencies, the Chief Executive Officer may waive, suspend, or modify any credit and deposit requirements for a limited duration to address the circumstances. After a good cause determination, the Chief Executive Officer must inform the Board of Directors at its next Regular Meeting of all actions taken under this section. Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 400.8 Page 34 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 204 PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a FEE SCHEDULE FEE SCHEDULE DESCRIPTION FEES Membership Fee $ 50.00 Establishment Fee $ 75.00 Deposits Refer to Section 400 Credit Requirements and Deposits System Impact Fee $ 200.00 Refer to Section 300 Line Extension Policy Refer to Section 100.17 Franchise Fee Facilities charge Franchise Fee Same day service at existing location $ 250.00 Real Estate Show Fee [DISCONTINUED AS OF OCTOBER 1, 2015] Advanced Metering Opt Out Program – Meter Exchange Advanced Metering Opt Out Program – Monthly Meter Readings Advanced Metering Opt Out Program – Quarterly Meter Readings $ 75.00 $ 30.00, additional $1/mile charge for service locations further than 20 miles from nearest area office $ 45.00, additional $1/mile charge for service locations further than 20 miles from nearest area office Meter Tampering $ 500.00 Late Payment Processing Fee $ 20.00 for residential; $20.00 or 6% of unpaid balance whichever is greater for non-residential accounts other than state agencies Collection Fee $ Reconnection Fee (reconnection after non-payment) $ 100.00 Return Check/Denied Bank Draft/Denied Credit Card $ 75.00 30.00 The following fees are effective January 1, 2016 February 15, 2016: $25.00 Credit Check Report Fee $70 45.00 (may be refunded if member signs up for automatic payment in connection with the loan) Loan Application Fee Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and 500 Page 35 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 205 Document Preparation Fee $45.00 $5515.00 Filing Fees Tax Monitoring Fee $20.00 Loan Administration Fee One Percent (1.0%) shall be added as interest collected on the loan Loan Late Fee May be assessed after 10 days of payment due date; greater of five Percent (5%) on amount due or $7.50 Open Records Fee – Staff research time $ Open Records Fee – Copies $ .25 cents per page for any pages in excess of 10 pages Open Records Fee – Other materials and services not included in research time and copies. 40.00 per hour Actual cost Account Research Services by Subpoena $ 40.00 per hour Easement Release $ 300.00 Attachment: 2016-1-19 Tariff re On Bill Financing Program version 3 ANH (3343 : Amendments to On-Bill Financing Loan Policy and PEDERNALES ELECTRIC COOPERATIVE, INC. TARIFF7.B.3.a Page 36 Adopted 06-15-2009; Amended 8-16-2010; 9-20-2010; 12-20-2010; 4-18-11; 9-19-11; 5-21-12; 3-18-13; 4-15-13; 5-20-13; 8-19-13; 1-21-14; 3-17-14; 4-21-14; 9-30-14; 1-20-15; 7-21-15; 9-14-15; 9-21-15, 10-20-15; 1-19-16 Packet Pg. 206 7.B.3.b LOAN POLICY AND UNDERWRITING GUIDELINES Approved: September 14, 2015 Revised: December 17, 2015, January 19, 2016 PEC attempts to comply with federal and state laws regarding extensions of credit to its members. Members eligible for this financing program must meet creditworthiness standards including evaluation of payment history and other criteria as described herein. In addition, Members will be subject to loan application and credit score checks. Terms of Loan: No more than $20,000 for Grid Tied Distributed Energy Resource (DER) Systems, including distributed renewable solar photovoltaic systems and grid tied battery storage systems installed by a qualified participating vendor Repayment of Loan – Ten years or less Interest – No more than 10% Residential and Commercial members are eligible Contingent upon satisfactory installation of grid tied equipment by qualified participating vendor Underwriting Guidelines: For residential service, during the most recent 12 consecutive months of electric service (i) the member is not late in paying a bill more than once; (ii) the member does not have service disconnected for nonpayment; and (iii) the member does not have more than one returned check. For commercial service, during the most recent 24 consecutive months of electric service (ii) the member is not late in paying a bill more than once; (ii) the member does not have service disconnected for nonpayment; and (iii) the member does not have more than one returned check. Member must own property in fee simple in which installation to occur. No tax liens may be filed against the property or otherwise filed against the member. Loans shall be secured with a security agreement and UCC by a fixture filing on the qualified equipment . Member shall provide appropriate evidence of insurance. . Eligible commercial members may be required to provide additional security for the loan. Attachment: 1-19-16 loan policy re on bill financing version 5 ANH (3343 : Amendments to On-Bill Financing Loan Policy and Underwriting 1-15-16 version 5 Packet Pg. 207 Eligible residential members including joint members must meet the following criteria: Credit Score Billing History with no more then one late payment (Months) 600 - 649 650 - 699 ≥ 700 24 18 12 Member annual income or revenues must be three times the loan amount The DER must meet all PEC interconnection standards. Financing of all grid tied DER systems is contingent on final approval of installation and approved interconnection with PEC. . All joint members must authorize appropriate loan documentation. Only one loan per account until expiration of any existing loan with PEC Credit check report fee will be collected upon submission of application. upon request for preapproval Application fee will be collected upon submission of the member's loan package application and may be refunded if member signs up for automatic payment in connection with the loan. Application fee will be collected upon billing history review and credit check review; application fee will be retained regardless of the decision on the application.. A Tax Monitoring Fee will be collected after review of tax history. If Member authorizes automatic payments through either the Credit Card Payment Plan or Bank Draft Payment Plan, then the application fee may be refunded. A filing fee and a document preparation fee will be collected upon execution of the loan dcoumentation and completion of the filingsclosing of the loan. The interest rate of the loan shall be the cost of funds plus an additional one (1) percent for An administration costs. fee shall be collected as an adder to the interest rate of the loan. A late fee may be assessed after 10 days of payment due date; greater of five percent (5%) on amount due or $7.50 Repayment Guidelines: After approval of installation by PEC and closing the loan, Member's bill will then include a lineitem for repayment of the loan through monthly installments. Monthly payments by Member go first to the cost of interest and principal of the loan then to the electric service bills. Collection Standards Attachment: 1-19-16 loan policy re on bill financing version 5 ANH (3343 : Amendments to On-Bill Financing Loan Policy and Underwriting 7.B.3.b 2 Packet Pg. 208 In case of any delinquencies, any payment by Member goes first to the costs of interest and principal of the loan then to the electric service bills. Fair Lending Credit decisions shall be made without adverse discrimination on the basis of race, color, religion, sex, national origin, marital status, age (provided the applicant is of legal age and has the capacity to enter into a binding legal contract), receipt of public assistance, or good faith exercise of rights under the Consumer Credit Protection Act or any other prohibited basis. PEC will not discourage the completion or submission of an application for credit by any applicant on any of the prohibited bases. It is the intent of the PEC to comply with the requirements of the Equal Credit Opportunity Act and the Fair Credit Reporting Act as they may apply to any credit program. Attachment: 1-19-16 loan policy re on bill financing version 5 ANH (3343 : Amendments to On-Bill Financing Loan Policy and Underwriting 7.B.3.b 3 Packet Pg. 209 PEC Energy Solutions Loan Program Guideline Revisions January 19, 2015 Attachment: On-Bill Financing Board Update 1-15-16 V3 (3343 : Amendments to On-Bill 7.B.3.c 1 210 Packet Pg. • Background • Implementation of an On-Bill Financing Program to support the Cooperatives’ residential members in obtaining member-owned distributed generation and grid-tied battery storage. • Board Consideration • Approval for amendments to Energy Solutions Loan Program loan policy and underwriting guidelines and tariff amendments. • Amendments include: 1. PEC to Review Tax history 2. Secure Loans with UCC and Security Agreement • Commercial Service loan may require additional Security. 3. Change in Fee Structure Attachment: On-Bill Financing Board Update 1-15-16 V3 (3343 : Amendments to On-Bill Purpose of Today’s Topic 7.B.3.c Packet Pg. 211 Changes to Fees Original Fees Fees Application $70.00 Credit check $25.00 Filing Fee $55.00 Fee total $150.00 Proposed Fees Fees Credit Check $25.00 Tax Review $20.00 Document Preparation $45.00 Filing Fee $15.00 Application Fee $45.00 Fee Total $150.00 Attachment: On-Bill Financing Board Update 1-15-16 V3 (3343 : Amendments to On-Bill 7.B.3.c Packet Pg. 212 7.B.4 Board of Directors Meeting: 01/19/16 09:00 AM PO Box 1 Johnson City, TX 78636 RESOLUTION (ID # 3349) DOC ID: 3349 A Subject: Construction and Engineering Master Service Agreements_Additional Contractors Submitted By: Brad Hicks Department: Engineering & Energy Innovations Background: The Cooperative has previously approved various construction and engineering master service agreements for capital improvement plan electric system improvement projects. The Cooperative is including two additional contractors. Financial Impact and Cost/Benefit Considerations: Expenditure of Cooperative funds as previously included in the Cooperative's Capital Improvement and Operating budgets; the additional approved contractors may lower construction costs by providing additional altermatives for projects. No staff time is anticipated other than ordinary processing requirements. ATTACHMENTS: 2016_19_Jan_Construction Master Service Agreements_Additional Contractors Memo Updated: 1/15/2016 10:36 AM by Aisha N Hagen A (PDF) Packet Pg. 213 Page 1 7.B.4 Pedernales Electric Cooperative, Inc. Regular Meeting January 19, 2016 RESOLUTION (ID # 3349) Construction and Engineering Master Service Agreements_Additional Contractors- B Hicks NOW THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE COOPERATIVE, that two new distribution construction contractors, Hargrave Power Inc. and Linetec Services, LLC be added to the list of approved construction contractors; and BE IT FURTHER RESOLVED that the Chief Executive Officer or his designee is authorized to take all such actions as needed to implement this resolution. Updated: 1/15/2016 10:36 AM by Aisha N Hagen A Packet Pg. 214 Page 2 Packet Pg. 215 7.B.4.a Attachment: 2016_19_Jan_Construction Master Service Agreements_Additional Contractors Memo (3349 8.A.1 Board Planning Calendar of Potential Agenda Items Item Approve Election Timeline January March April May January Regular Board Meeting Receive CEO’s Year in Review Report January Regular Board Meeting Presentation by CEO of Legislative Report Prior to each Legislative Session (biennial) Approve TEC Annual Membership Dues January Regular Board Meeting Key Performance Indicator (KPI) Results and Recommendations for KPIJanuary Regular Board Meeting P2 Present Elections Communications Plan to Board February Due Date Notes Annual Submission of Conflicts of Interest Certification and Disclosure Forms from Managers Direct the General Counsel to Prepare Proposed Non-Director Election Items Approve NRECA Annual Membership Dues Appoint representatives for NRECA Legislative Conference Appoint CRC voting delegates for NRUCFC Forum Health and Dental Insurance Renewal Presentation and Approval of Candidate Slate, Ballot, and Any NonDirector Election Items Report on Property and Liability Insurance Policies Present Audited Financial Statements Approve Annual Member Meeting Agenda January Regular Board Meeting At or before January Regular Board Meeting No later than February Regular Board Meeting February Regular Board Meeting March Regular Meeting March Regular Meeting March Regular Meeting April Regular Board Meeting April Regular Board Meeting April Regular Board Meeting May Regular Board Meeting Perform Annual General Counsel Review During May Annual Review of Strategic Plan Approve Form 990 Recognize Veterans with moment of silence May Regular Board Meeting May Regular Board Meeting May Regular Board Meeting Strategic Item or Compliance Item Compliance - Election Policy and Procedures Strategic Compliance - Legislative Policy Compliance - TEC Compliance - Strategic Plan Compliance - Election Policy and Procedures Compliance - Conflict of Interest Policy Compliance - Election Policy and Procedures Compliance - NRECA Compliance - Legislative Policy Compliance NRUCFC Strategic Compliance - Election Policy and Procedures Compliance Compliance Compliance - Bylaws Compliance - General Counsel Performance Evaluation Policy Strategic - Annual Review Compliance Reoccuring or Ad-hoc Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Attachment: Board Calendar of Agenda Items 2016-01-19 (3342 : Board Meeting Planning Calendar (written report in materials)) Board Meeting Month Board Calendar of Agenda Items 2016-01-19 Page 1 of 3 Revised 1/14/2016 Packet Pg. 216 8.A.1 Board Planning Calendar of Potential Agenda Items June Item Approve Patronage Capital Allocation June Regular Board Meeting Updates on Voter Turnout June Regular Board Meeting Conduct Annual Meeting During June Announcement and Certification of Election Results June Annual Meeting Receipt of Director Affirmations, Directors' Code of Conduct and Conflict At conclusion of Annual Meeting of Interest forms from newly elected Directors For Annual Meeting minutes and for first Regular Receipt of Written Certification of the Election Results or Special Board Meeting minutes after Annual Meeting Strategic Item or Compliance Item Compliance - Capital Credits Policy Compliance - Election Policy and Procedures Compliance - Bylaws Compliance - Election Policy and Procedures Compliance - Code of Conduct, Conflict of Interest Policies Reoccuring or Ad-hoc Reoccurring Reocurring Reoccurring Reoccurring Reoccurring Compliance - Election Policy and Reoccurring Procedures Election of Officers At first Regular or Special Meeting following Annual Meeting Compliance - Bylaws Reoccurring Review LCRA Business Plan June or July Meeting Strategic Reoccuring Orientation of New Directors, including Open Meetings Policy Training Review and Reaffirm/Amend Committee Charters Appointment/Reaffirmation of Committee Chairpersons July Due Date Notes Annual Review of Directors’ Code of Conduct by General Counsel No later than 180th day after the date the Director Compliance - Open Meetings assumes responsibilites as a member of the Board. The General Counsel will ensure this Policy training is made available. Compliance - Board Committee July Regular Board Meeting Guidelines Compliance - Board Committee July Regular Board Meeting Guidelines July Regular Board Meeting Compliance - Code of Conduct Reoccurring Reoccurring Reoccurring Reoccurring Annual Review and Submission of Conflicts of Interest Certification and July Regular Board Meeting Disclosure Forms from Directors Compliance - Conflict of Interest Reoccurring Policy Biennial Board Assessment Review Compliance - Code of Conduct Reoccurring-biennial Compliance - NRECA Compliance - CFC Compliance - TEC Strategic Reoccurring Reoccurring Reoccurring Reoccurring Compliance - Strategic Plan Reoccurring July Regular Board Meeting (biennial) Appoint NRECA Voting Delegates for NRECA Regional Meeting July Regular Board Meeting Appoint CFC Voting Delegates for CFC District Meeting July Regular Board Meeting Appoint TEC Delegates for TEC Annual Meeting July Regular Board Meeting 4CP Performance Summary July Regular Board Meeting Key Performance Indicator (KPI) Results and Recommendations for KPIJuly Regular Board Meeting P1 Attachment: Board Calendar of Agenda Items 2016-01-19 (3342 : Board Meeting Planning Calendar (written report in materials)) Board Meeting Month Board Calendar of Agenda Items 2016-01-19 Page 2 of 3 Revised 1/14/2016 Packet Pg. 217 8.A.1 Board Planning Calendar of Potential Agenda Items August September October November December Item Due Date Notes Establish Annual Meeting Date, Time and Location At or before August Regular Board Meeting Consider Election Services Contract At or before August Regular Board Meeting Post Election Analysis and Annual Review of Election Policy and Procedures August Regular Board Meeting Review of Policy on Policies August Regular Board Meeting Operation Round Up 4CP Performance Summary Integrated Resource Plan - Assumptions, Trends and Findings Integrated Resource Plan - Results and Recommendations Key Ratio Trend Analysis (KRTA) Presentation Integrated Resource Plan - Final Report Cost of Service Study (COSS) and Rate Design Draft Recommendations Emergency Operations Plan Review 4CP Performance Summary Director District Revision Annual Review of Capital Credits Policy October Regular Board Meeting Approve Capital Credits Retirement October Regular Board Meeting Rate Design Changes Capital Budget Amendment – Facility Extension Fees 4CP Performance Summary Retirement Plan Update from the Plan Administration Committee Presentation and Approval of Operating Budget, Capital Improvement Plan (CIP), and Work Plan Recognize Veterans with moment of silence Annual Review of Ethics and Compliance Reporting Policy November Regular Board Meeting Annual CEO Performance Evaluation December Regular Board Meeting Review Key Performance Indicators (KPI) and Methodology for next period Cyber Security Review Appoint NRECA Voting Delegates for NRECA Annual Meeting Appoint CFC Voting Delegates for CFC Annual Meeting Appoint NRTC Voting Delegates for NRTC Annual Meeting Strategic Item or Compliance Item Reoccuring or Ad-hoc Compliance - Election Policy and Reoccurring Procedure Compliance - Election Policy and Reoccurring Procedures Compliance - Election Policy and Reoccurring Procedures Compliance Reoccuring -biennial August Regular Board Meeting August Regular Board Meeting August Special Meeting August Regular Board Meeting September Regular Board Meeting September Regular Board Meeting Strategic Compliance Compliance Strategic Strategic Ad-hoc Reoccurring Ad-hoc Ad-hoc Reoccurring Ad-hoc September Regular Board Meeting Compliance Ad-hoc September Regular Board Meeting September Regular Board Meeting September Regular Meeting Reoccurring Reoccurring Ad-hoc October Regular Board Meeting October Regular Board Meeting October Regular Board Meeting October Regular Board Meeting Compliance Strategic Compliance - Bylaws Compliance - Capital Credits Policy Compliance - Capital Credits Policy Compliance Strategic Strategic Strategic November Regular Board Meeting Compliance Reoccurring November Special Meeting of Committees Strategic Compliance - Ethics and Compliance Reporting Policy Compliance - CEO Performance Evaluation Policy Reoccurring December Regular Board Meeting Strategic Reoccurring December Regular Board Meeting December Regular Board Meeting December Regular Board Meeting December Regular Board Meeting Strategic Compliance - NRECA Compliance - CFC Compliance - NRTC Reoccurring Reoccurring Reoccurring Reoccurring Reoccurring Reocurring Ad-hoc Ad-hoc Reoccurring Reoccurring Reoccurring Reoccurring Attachment: Board Calendar of Agenda Items 2016-01-19 (3342 : Board Meeting Planning Calendar (written report in materials)) Board Meeting Month Board Calendar of Agenda Items 2016-01-19 Page 3 of 3 Revised 1/14/2016 Packet Pg. 218