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Called Special Meeting of the City Council
City of Lubbock, Texas
Meeting Agenda
September 19, 2023 at 11:00 A.M.

Tray Payne, Mayor
Shelia Patterson Harris, Mayor Pro Tem, District 2
Christy Martinez-Garcia, Council Member, District 1
Mark W. McBrayer, Council Member, District 3
Steve Massengale, Council Member District 4
Dr. Jennifer Wilson, Council Member, District 5
Latrelle Joy, Council Member, District 6

W. Jarrett Atkinson, City Manager
Chad Weaver, City Attorney
Courtney Paz, City Secretary

http://www.ci.lubbock.tx.us

LP&L Distribution Center
402 Municipal Drive, Municipal Hill, Training Room, Lubbock, Texas

City of Lubbock City Council Meetings are available to all persons regardless of disability. If you require special assistance, please contact the City Secretary's Office at 806-775-2061 or write to Post Office Box 2000, Lubbock, Texas 79457 at least 48 hours in advance of the meeting.

11:00 a.m. - City Council convenes in open session at the LP&L Distribution Center, 402 Municipal Drive, Municipal Hill, Training Room, Lubbock, Texas.

Participation in the Electric Utility Board Meeting: City Council will attend and participate in discussions, and take action, as necessary, during the meeting of the Electric Utility Board, in which the Board will consider the following matters:

PUBLIC COMMENT

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, prior to the beginning of the 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.

EXECUTIVE SESSION

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:

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.

Discuss and deliberate issues regarding generation unit operating characteristics and outage scheduling.

Bidding and pricing information for purchased power, generation and fuel, and Electric Reliability Council of Texas bids, prices, offers, and related services and strategies.

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.

Effective fuel and purchased power agreements and fuel transportation arrangements and contracts.

Discuss and deliberate purchased power agreements and fuel matters.

Risk management information, contracts, and strategies, including fuel hedging and storage.

Discuss and deliberate risk management strategies.

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).

Discuss and deliberate plans, studies, proposals, and analysis for system improvements, additions, or sales.

Customer billing, contract, and usage information, electric power pricing information, system load characteristics, and electric power marketing analyses and strategies.

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 City Council and 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:

Legal issues regarding contract(s), including purchase orders, herein listed on the agenda.

Legal advice and counsel regarding matters identified in Section 2.1-2.1.6 of this agenda.

Legal advice and counsel regarding purchased power agreements.

Legal advice and counsel regarding contemplated litigation matters.

Legal advice and counsel regarding North American Electric Reliability Corporation Critical Infrastructure Protection (NERC CIP) standards.

Southwestern Public Service Company Revisions to Partial Requirements Agreement to Reflect Settlement Agreement with Lubbock Power & Light, Docket No. ER23-1144-000, proceeding before the Federal Energy Regulatory Commission ("FERC").

Claims related to property damage occurring on or about September 17, 2021, and October 19, 2021, and business interruption beginning on or about September 17, 2021.

Claims related to alleged property damage on or about February 13-19, 2021.

Application of the City of Lubbock, acting by and through Lubbock Power & Light (LP&L) to Change Rates for Wholesale Transmission Service, proceeding before the Public Utility Commission of Texas, PUC Docket No. 54657.

10.

City of Lubbock, Texas v. Elk City Wind II, LLC, Cause No. CIV-23-232-G, proceeding in the United States District Court for the Western District of Oklahoma.

Hold an executive session in accordance with V.T.C.A. Government Code § 551.074 to deliberate the appointment, employment, evaluation, and duties of a public officer or employee (Director of Electric Utilities/Chief Administrative Officer, and General Counsel).

11:30 a.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 11:30 a.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.

REGULAR SESSION

The Board will approve the minutes from the Regular Electric Utility Board Meeting on August 15, 2023 and Special Electric Utility Board Meeting on August 30, 2023.

Presentation and discussion of the update/report by the LP&L Chief Administrative Officer, or his designee, regarding strategic planning, board committee reports, ordinance change requests, EUB policy and procedures, customer service, business center practices, procedures and policies, transition to retail customer choice, customer concerns and complaints, billing system, forms, and procedures, status of transmission and distribution projects, generation, mutual aid, weather events, outage and restoration efforts, grid matters, Electric Reliability Council of Texas ("ERCOT") matters and committee participation, staffing levels, personnel, regulatory matters, including proceedings regarding the pro forma tariff, training, cybersecurity, mutual aid agreement, and operational performance metrics.

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

Discuss and the Board will take possible minuted action regarding the time, place, and location of the Electric Utility Board's Regular Meetings for the months of November and December of 2023. Possible dates for discussion are attached, but the discussion may include other dates to the extent necessary to accommodate schedules.

Presentation and report regarding the meeting of the Helping Hands Education Committee, and matters discussed at same regarding customer service, and move to retail competition, and public education regarding same.

Discuss and the Board will take action on the preliminary plan of finance related to the upcoming sale of up to $80,000,000 of Electric Light & Power System Revenue Bonds, Series 2023, relating to the Settlement Agreement entered into between the City of Lubbock, acting by and through Lubbock Power & Light and Southwestern Public Service Company dated May 27, 2021, EUB Resolution No. 2021-R0039, and City Council Resolution No. 2021-R0201.

The Board will consider a resolution to approve the proposed changes to the Code of Ordinances Title 1, Chapter 2, Article 2.03, Division 12, Sections 2.03.413-418 regarding the calculation and disbursement of funds from the general reserve.

The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his designee, to execute an amendment to the Professional Services Agreement (PSA) dated October 19, 2021, by and between the City of Lubbock, acting by and through LP&L, and NewGen Strategies and Solutions, LLC, a Colorado limited liability company ("Consultant") for rate consulting support. This amendment increases the not to exceed amount by $100,000 to $250,000 for a term of 2 years.

CONSENT AGENDA

The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or their designee, to execute a Proposal for Implementation of Cascade Upgrades, related Software License Agreement, and purchase of software upgrades by and between the City of Lubbock, acting by and through Lubbock Power and Light, and DNV Energy Insights USA, Inc., for necessary upgrades to the existing Cascade substation asset management software solution. This agreement is for a not to exceed the original amount of $246,168, for a term of 1 year.

The Board will consider a resolution authorizing the LP&L Chief Administrative Officer, or his designee, to amend a Professional Services Agreement, by and between the City of Lubbock, acting by and through Lubbock Power & Light, and Enprotec/Hibbs & Todd, Inc., a Texas corporation, for professional engineering services related to monitoring, closure, and management of groundwater issues located at the Cooke Plant Site. This amendment increases the not to exceed amount to $300,000 for a 2 year term.