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CITY OF LUBBOCK
SPECIAL CITY COUNCIL MEETING
August 17, 2021
11:00 A.M.


 
The City Council of the City of Lubbock, Texas met in special session on the 17th of August, 2021, in City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas, and via video conference and teleconference at 11:00 a.m.

 
11:05A.M.               CITY COUNCIL CONVENED
City Council Chambers, Citizens Tower, 1314 Avenue K, Lubbock, Texas and via video conference and teleconference
Present: Mayor Daniel M. Pope; Mayor Pro Tem Steve Massengale; 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
  Council Member Shelia Patterson Harris attended via video conference.
Absent 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:
  • 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.

*This item was deleted.
             
   2. Alternatively, any member of the public wishing to address the Electric Utility Board, regarding any matter posted on the Electric Utility Board Agenda, may submit a public comment by email at lplcitizencomments@mylubbock.us beginning at the time this agenda is publicly posted and no later than 9:00 a.m. on August 17, 2021. Each comment will be read aloud for a period of time not to exceed three minutes, in accordance with the practices and procedures of the Electric Utility Board.

*This item was deleted.
             
   2. EXECUTIVE SESSION

This meeting was called into a closed session at 11:06 a.m. under the provisions of Section 551, Texas Government Code. The meeting was called back into a public session at 1:17 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 unit 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 Electric Reliability Council of Texas prices and related services and strategies.
             
   2.
Resolution No. EUB 2021-R0054 regarding purchased power bidding and pricing.
Motion by Edwin Schulz, seconded by Kevin McMahon, to approve Resolution No. EUB 2021-R0054.
Vote: 8-0 Motion carried by the Board.
Other: Greg Taylor (ABSENT)
             
   3.
Effective fuel and purchased power agreements and fuel transportation arrangements and contracts.
             
   1.
Discuss and deliberate purchased power 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).
             
   1.
Discuss and deliberate plans, studies, proposals, and analyses for system improvements, additions, or sales.
             
   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 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 advice and counsel regarding the Application of the City of Lubbock, acting by and through Lubbock Power & Light for authority to establish initial wholesale transmission rates and tariffs before the Public Utility Commission of Texas and the State Office of Administrative Hearings, PUC Docket No. 51100, SOAH Docket 473-21-0043, and associated Tariff Filing No. 52011, proceeding before the Public Utility Commission of Texas.
             
   2.
Legal issues regarding contract(s) herein listed on the agenda.
             
   3.
Legal advice and counsel regarding matters identified in Section 2.1-2.1.6 of this Agenda.
             
   4.
Legal advice and counsel regarding statutory changes.
             
   5.
Schumacher vs. City of Lubbock, Cause No. 2020-541,386, proceeding in the 72nd District Court of Lubbock County, Texas.
             
   6.
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.
             
   7.
Application of the Electric Reliability Council of Texas, Inc. for a Debt Obligation Order to Finance Uplift Balances under PURA Chapter 39, Subchapter M, and for a Good Cause Exception, PUC Docket No. 52321, proceeding before the Public Utility Commission of Texas.
             
   8.
Application of the Electric Reliability Council of Texas, Inc., for a Debt Obligation Order to Finance Uplift Balances Under PURA Chapter 39, Subchapter N, and for a Good Cause Exception, PUC Docket No. 52322, proceeding before the Public Utility Commission of Texas.
             
   9.
Proceeding for Eligible Entities to File an Opt Out Pursuant to PURA § 39.653(d) and for Load-Serving Entities to File Documentation of Exposure to Costs Pursuant to the Debt Obligation Order in Docket No. 52322, PUC Docket No. 52364, proceeding before the Public Utility Commission of Texas.
             
   10.
Legal issues regarding customer choice and Texas Utilities Code, Chapter 40.
             
   11.
Claims related to alleged property damage on or about February 13-22, 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, General Counsel, 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.
             
   3. REGULAR SESSION
             
   1. The Board will approve the minutes from the Regular Electric Utility Board Meeting of July 20, 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, 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 of a preliminary plan of finance and rating matters related to the upcoming sale of Electric Light & Power System Revenue Bonds, Series 2021, the related refunding of interim obligations, and action taken on same by the City Council of the City of Lubbock.

*This item was deleted.
             
   5.
Presentation and discussion regarding the extension of the Commitment Expiration Date of the Note Purchase Agreement for City of Lubbock, Texas, Electric Light and Power System Revenue Revolving Notes, the reduction of the Available Commitment under such Agreement, the amendment of the substitute index for floating rate notes, and other necessary and appropriate amendments approved by the City Council of the City of Lubbock.

*This item was deleted.
             
   6.
Presentation and discussion of the Lubbock Power & Light FY 2021-22 Operating Budget and Capital Program, any action taken by the City Council of the City of Lubbock, and any updates regarding same.

*This item was deleted.
             
   7.
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.

*This item was deleted.
             
   8.
Presentation and discussion by the Director of Electric Utilities, or his designee, regarding updates on potential for providing customer choice to LP&L customers, the need for a provider of last resort, and other related matters regarding competition of retail electric service in Lubbock Power & Light’s certificated retail service area.

*This item was deleted.
             
   9.
Discussion and the Board will take possible minuted action for date, time, and location of a possible Special Meeting in August, 2021, if needed.

*This item was deleted.
             
   4. CONSENT AGENDA
             
   1.
The Board will consider a resolution approving Lubbock Power & Light’s form Interconnection Agreement, as revised and amended in the Interconnection Agreement attached to the Resolution, and repealing Lubbock Power & Light’s form Interconnection Agreement for all interconnections entered into on or after August 17, 2021, previously adopted by Resolution EUB 2015-R0054, and as amended in EUB 2018-R0072, and any prior form interconnections for Lubbock Power & Light.

*This item was deleted.
             
   2.
The Board will consider a resolution delegating authority to the Director of Electric Utilities to enter into and execute Purchase and Sale agreements for the sale of renewable energy credits (“RECs”) when the Director of Electric Utilities determines that doing so is in the best interest of LP&L and its ratepayers.

*This item was deleted.
             
   3.
The Board will consider a resolution authorizing the Director of Electric Utilities, or his designee, to execute that certain Amendment to the Payment Services Agreement, by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Western Union Financial Services, Inc. regarding certain services related to payment processing and remittance.

*This item was deleted.
             
   4.
The Board will consider a resolution authorizing the Purchasing Manager, or his designee, to execute a Purchase Order by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Texas Electric Cooperatives, RFP# 7135-21-ELD, regarding LP&L 80’ Concrete Poles.

*This item was deleted.
1:17 P.M. CITY COUNCIL ADJOURNED
 
There being no further business to come before Council, the meeting was adjourned.


 
The August 17, 2021 Special City Council Meeting minutes were approved by the City Council on the 26th day of October, 2021.

 
  ____________________________________
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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