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CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
January 18, 2022
11:00 A.M.


 
The City Council of the City of Lubbock, Texas met in special session on the 18th of January, 2022, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas, and via video conference at 11:00 a.m.

 
11:03A.M.               CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas and via video conference
Present: Mayor Daniel M. Pope; Council Member Randy Christian; Council Member Jeff Griffith; Council Member Latrelle Joy; Council Member Shelia Patterson Harris; City Manager W. Jarrett Atkinson; City Secretary Rebecca Garza; City Attorney Chad Weaver
  Mayor Daniel M. Pope attended via video conference.
Absent: Mayor Pro Tem Steve Massengale; Council Member Juan A. Chadis
This was a meeting of the Electric Utility Board. A quorum of Council Members attended and participated in discussions during the meeting in which the board considered the following topics as shown below.
 
Note:      The Electric Utility Board addressed agenda items in the following order:
  • Public Comment 1.1; 2.1-2.1.12; Executive Session
  • No quorum, of City Council, was present for all other items.

             
   1. PUBLIC COMMENT
             
   1.
This period, of up to thirty minutes, is dedicated to public comment. Each member of the public will have three minutes to speak. Any member of the public that requires the assistance of a translator will have six minutes to speak. Comments must be limited to only those items posted on the Electric Utility Board agenda. Any member of the public wishing to speak shall sign up on the public comment sheet on the day of the Electric Utility Board Meeting. The Electric Utility Board shall follow the order of persons wishing to speak as listed on the sign-up sheet. If everyone who signed up to speak has been given an opportunity to speak and the thirty minutes designated for public comment has not been exhausted, the Electric Utility Board may, at its discretion, open the floor to anyone else wishing to address the Electric Utility Board, subject to all the same procedures and guidelines.

No one appeared to speak.
             
   2. WORK SESSION
             
   1.
Presentation and discussion by the Director of Electric Utilities, or his designee, regarding updates on potential for providing customer choice to LP&L customers, which may include, but is not limited to, the following subtopics:

David McCalla, director of electric utilities, gave a presentation on the potential for providing customer choice to LP&L customers (items 2.1.1-2.1.12) and answered questions from the Electric Utility Board and City Council. Matt Rose, government relations and public affairs manager for LP&L, gave comments and answered questions from the Electric Utility Board and City Council.

There was consensus among the Board that LP&L should not serve as the provider of last resort (POLR) once customer choice commences; and that a citizen survey regarding the decision to opt-in to customer choice should not be conducted at this time.
             
   1.
The timing, process, and content of a potential irrevocable opt-in resolution, including conditions to be met prior to opt-in, and potential future meetings on the subject of retail competition for LP&L customers.
             
   2.
The need for a provider of last resort and any potential requirements or process for same, including analysis of the process utilized by the Public Utility Commission of Texas.
             
   3.
The option for LP&L to serve as the provider of last resort and business and operational considerations for same.
             
   4.
Distribution projects necessary for opt-in.
             
   5.
Status of LP&L’s load that remains in the Southwest Power Pool, and potential proceedings before the Public Utility Commission of Texas to transition that load to the Electric Reliability Council of Texas.
             
   6.
The impacts or benefits to customers, LP&L, and the City resulting from opt-in, and discussions regarding interim measures to achieve further benefits to ratepayers while opt-in is being pursued.
             
   7.
The development of transmission and distribution rates, and progress of same.
             
   8.
Potential retail electric provider availability in the LP&L service territory and comparison with other areas of the state open to competition.
             
   9.
Customer education on retail choice and communication plans on same, and discussion of various services that assist customers in selecting a retail electric provider.
             
   10.
Opt-in requirements and ensuing changes in business processes, operations, and potential organizational changes.
             
   11.
Potential for customer surveys and/or scientific polling to gauge overall customer sentiment regarding a transition to competition.
             
   12.
Other related matters regarding the initiation of competition for retail electric service in Lubbock Power & Light’s certificated retail service area.
             
   3. EXECUTIVE SESSION

This meeting was called into a closed session at 12:37 p.m. under the provisions of Section 551, Texas Government Code. The meeting was called back into a public session at 1:39 p.m. and adjourned.
             
   1.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.086, to discuss and deliberate, on the following competitive matters of Lubbock Power & Light, reasonably related to the following categories:
             
   1.
Generation unit specific and portfolio fixed and variable costs, including forecasts of those costs, capital improvement plans for generation units, and generation unit operating characteristics and outage scheduling.
             
   1.
Discuss and deliberate generation matters.
             
   2.
Bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies.
             
   1.
Discuss and deliberate issues regarding bidding and pricing for purchased power, generation, and fuel, and Electric Reliability Council of Texas prices and related services and strategies.
             
   3.
Effective fuel and purchased power agreements and fuel transportation arrangements and contracts.
             
   1.
Discuss and deliberate purchased power and fuel matters.
             
   4.
Risk management information, contracts, and strategies, including fuel hedging and storage.
             
   1.
Discuss and deliberate risk management strategies.
             
   5.
Plans, studies, proposals, and analyses for system improvements, additions, or sales (other than transmission and distribution system improvements inside the service area for which the public power utility is the sole certificated retail provider).
             
   6.
Customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies.
             
   2.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.071, seeking the advice of its legal counsel about pending or contemplated litigation or settlement offers and hold a consultation with the attorney on matters in which the duty of the attorney to the Electric Utility Board and the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflicts with Chapter 551 of the Texas Government Code.
             
   1.
Legal issues regarding contract(s), including Purchase Orders, herein listed on the agenda.
             
   2.
Legal advice and counsel regarding matters identified in Section 3.1-3.1.6 of this Agenda.
             
   3.
Legal advice and counsel regarding purchase power agreements, sales contracts, and fuel agreements.
             
   4.
Legal advice and counsel regarding the Texas Constitution.
             
   5.
Application of the City of Lubbock, acting by and through Lubbock Power & Light, for Interim Update of Wholesale Transmission Rates, PUC Docket Number 52390, proceeding before the Public Utility Commission of Texas.
             
   6.
Joint application of Oncor Electric Delivery Company LLC and the City of Lubbock, acting by and through Lubbock Power & Light, to transfer certificate of convenience and necessity rights under PURA § 37.154, PUC Docket No. 52726, proceeding before the Public Utility Commission of Texas.
             
   7.
Legal matters related to the transition of the remainder of Lubbock Power & Light’s load to the Electric Reliability Council of Texas.
             
   8.
Claims related to alleged property damage on or about February 13-19, 2021.
             
   3.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate the appointment, employment, evaluation, reassignment, and duties of a public officer or employee (Director of Electric Utilities, Chief Financial Officer, Director of Customer Service).
             
   4.
Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate the appointment of a public officer or employee (Electric Utility Board).
             
12:00 p.m. – Approximately - Following completion of the Executive Session, the Electric Utility Board will reconvene in open session to discuss the items listed below. It is anticipated that the open session will begin at 12:00 p.m. However, this is an approximation and the Board may begin the open session earlier or later depending on when the Executive Session is complete.
             
   4. REGULAR SESSION
             
   1. The Board will approve the minutes from the Special Electric Utility Board Meeting of December 13, 2021; the Special Electric Utility Board Meetings of December 28, 2021; and the Regular Electric Utility Board Meeting of December 15, 2021.

*This item was deleted.
             
   2.
Presentation and discussion of the update/report by the Director of Electric Utilities, or his designee, regarding customer service, business center practices, procedures and policies, customer concerns and complaints, billing system, forms, and procedures, status of transmission and distribution projects, generation, mutual aid, weather events, outage, and restoration efforts, staffing levels, regulatory matters, and operational performance metrics.

*This item was deleted.
             
   3.
Presentation and discussion of financial and capital statements, financing options, audits, and financial policies of Lubbock Power & Light relating to debt issuance issues, reserve account funding, cost allocation, revenue and expense projections, power cost recovery factor, customer metering, tariff and billing, service and administrative issues.

*This item was deleted.
             
   4.
Presentation and discussion by the Director of Electric Utilities, or his designee, regarding updates on the legislative and regulatory matters regarding ERCOT and/or the electric utility industry, and the status of any legislation, legislative hearings, rulemakings, and/or regulatory or administrative action regarding same, including but not limited to rulemakings regarding weatherization and market design.

*This item was deleted.
             
   5.
The Board will consider a resolution recommending to the City Council of the City of Lubbock, five (5) appointments and/or reappointments, as applicable, to the Electric Utility Board in accordance with Section 2.03.415(e) of the Code of Ordinances of the City of Lubbock.

*This item was deleted.
             
   6.
Discuss and the Board will take minuted action related to the date of the regular Electric Utility Board meeting for March 15, 2022.

*This item was deleted.
             
   7.
Discuss, deliberate, and the Board will take minuted action regarding benefits of the Director of Electric Utilities.

*This item was deleted.
             
   5. CONSENT AGENDA
             
   1.
The Board will consider a resolution recommending approval of that certain Cost Sharing and Payment Agreement, Contract No. 16181, as attached to the Resolution, by and between the City of Lubbock and Ford Development Corporation, as it relates only to funds expended by the City of Lubbock’s municipally owned utility, Lubbock Power & Light, to the City Council of the City of Lubbock.

*This item was deleted.
             
   2.
The Board will consider a resolution authorizing the Chairman of the Electric Utility Board to execute that certain Second Amended and Restated Partial Requirements Power Service Agreement Scheduling Protocol, by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Southwestern Public Service Company, and recommend approval to the City Council of the City of Lubbock for same.

*This item was deleted.
             
   3.
The Board will consider a resolution authorizing the Chairman of the Electric Utility Board to execute a Real Estate Purchase and Sale Agreement by and between the City of Lubbock, a Texas home-rule municipal corporation, and Pyco Industries, Inc., regarding an approximately 0.6790 acre tract of land, more or less, being a portion of block 36, Coronado Addition to the City of Lubbock, according to the map, plat, and/or dedication deed recorded in Volume 930, Page 195, deed records of Lubbock County, Texas, and a portion of Block 71, Wheelock’s Second Addition to the City of Lubbock, according to the map, plat, and/or dedication deed thereof recorded in Volume 26, Page 46, deed records of Lubbock County, Texas, to be used for an expansion of the Coop Substation, approving a Warranty Deed regarding same, authorizing payment for title and closing costs, and recommending approval of same to the Lubbock City Council.

*This item was deleted.
             
   4.
The Board will consider a resolution approving that certain Electric Utility Easement by and between Pyco Industries, Inc. and the City of Lubbock, a Texas home-rule municipal corporation, regarding an approximately 0.1316 acre tract of land, more or less, being a portion of Block 36, Coronado Addition to the City of Lubbock, according to the map, plat, and/or dedication deed recorded in volume 930, page 195, deed records of Lubbock County, Texas, and a portion of Block 71, Wheelock’s Second Addition to the City of Lubbock, according to the map, plat, and/or dedication deed thereof recorded in Volume 26, Page 46, deed records of Lubbock County, Texas, to be used for electric lines and/or facilities, and recommending approval of same to the Lubbock City Council.

*This item was deleted.
             
   5.
The Board will consider a resolution authorizing the Purchasing Manager, or his designee, to execute Purchase Order by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Versalift Southwest, L.L.C., RFP# 7104-22-EUA, for LP&L Fleet Aerial Devices and Derrick Trucks.

*This item was deleted.
             
   6.
The Board will consider a resolution authorizing the Director of Electric Utilities, or his designee, to execute Contracts for Crane Services by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Trumble Crane and Rigging (Primary) and M. Hastey Construction Co., Inc., (Secondary), RFP# 7114-22-ELD, for LP&L Crane Services – Annual Pricing.

*This item was deleted.
             
   7.
The Board will consider a resolution authorizing the Director of Electric Utilities, or his designee, to execute a Contract for Transformer Repair Services by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Nix Electric Company, RFP# 7116-22-ELD, for LP&L Transformer Repair Services – Annual Pricing.

*This item was deleted.
             
   8.
The Board will consider a resolution authorizing the Purchasing Manager, or his designee, to execute Purchase Order by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Dis-Tran Steel, LLC, RFP# 7121-22-ELD, for LP&L Thompson and Co-Op Substation Structures.

*This item was deleted.
1:39 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, the meeting was adjourned.


 
The January 18, 2022 Special City Council Meeting minutes were approved by the City Council on the 8th day of March, 2022.

 
  ____________________________________
DANIEL M. POPE, MAYOR
ATTEST:
 
 
___________________________________
Rebecca Garza, City Secretary
 


*This item was discussed, by the Board, without a quorum of Council Members present.

    

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