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HomeMy WebLinkAboutElectric Utility-1998 Feasability & Creation REPORT TO THE TO~N OF 80I~THOLD ON THE FE~,~IBILITY ~D CRF~TION OF A TO~N OF 8OUTHOLD ~UN~CIP~L ELECTRIC Suffolk County New York March 31, 1998 PO~/ERALTERNATIVES, INC. 175 ROUTE 25~ EASTSETAUKET Ny 11733 Tel. 800. 548. 9938 Fax: 516. 751.7123 I. Bxecutive S~nmarv IV. V. VI. Vrr. ~ O~ COld.ITS ~n~t~&l De£in~t~on ~cauis~t~on of Electric pro~erties A. Existing Electric Properties B. Cost of Acquisition of Existing Electric Properties C. Separation and Isolation Costs (Severance and Reconnection Costs) D. Utility Start-Up Costs E. Working Capital F. Legal & Engineering G. Debt Service H. Bond Discount W~olesele Power Sunnlv A. Power Supply Costs & Alternatives B. Electric Requirements of the Town C. Solicitation of "Wholesale Power" Exhibit "I" ODeratina and Naintainina the Utility A. Alternatives B. Typical Utility Organization 1. Authority and Jurisdiction ~, Page 1 Page 6 Page 12 Page 17 Page 18 Page 18 Page 21 Page 26 Page 28 Page 29 Page 30 Page 30 Page 31 Page 32 Page 32 Page 35 Page 35 Page 36 Page 36 Page 36 Page 36 2. Function to be Performed C.Organization D.Personnel 1. Positions and Personnel 2. Organizational Structure E. Reliability F. Annual Operating Costs 1. Revenues 2. Salaries and Wages 3. Contract Services 4. Consulting Services 5. Legal Services 6. Financial Services 7. Employee Benefits 8. Purchased Power 9. Materials and Supplies 10. Real Estate Taxes 11. Debt Service 12. Postage, Phone and Customer Refunds 13. Insurance 14. Depreciation 15. Miscellaneous Expense/Facility Expenses 16. Contingency Factor VIII. Recommended &otions 'Page 37 Page 38 Page 39 Page 39 Page 39 Page 40 Page 41 Page 42 Page 44 Page 44 Page 44 Page 45 Page 46 Page 46 Page 47 Page 48 Page 48 Page 50 Page 51 Page 51 Page 52 Page 52 Page 52 Page 54 Page 57 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I ~ohedule of Bxhibits Form of Local Law Form of Public Notice Form of Referendum Proposition Organizational Structure costs of Acquisitions & Start-Up Estimated Annual Operating Budget Table of Original & Trended Costs Map of Town Solicitation of "wholesale" power Page 58 Page 64 Page 65 Page 66 Page 67 Page 68 Page 69 Page 70 Page 71 Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility I. ~*outive S"naz~ This study was prepared by Power Alternatives, Inc. in accordance with an agreement between Power Alternatives and the Town of Southold, Suffolk County, New York. The purpose of the study is to determine the feasibility, including the most desirable method, of the Town of Southold creating a Town of Southold Municipal Electric Utility to provide electric service to its residents, and to determine whether the Town of Southold would benefit from forming and operati~g its own municipal electric utility. The study is intended to provide the Town Supervisor and Town Board with sufficient information to render a decision as to the municipalization of electric service within the Town, and to provide the Town with a series of steps that are necessary to bring the Town to the stage of the formation of a municipal electric utility. The estimated total cost of the creation of the Town of southold Municipal Electric Utility, including the acquisition of the necessary existing distribution equipment, the required engineering and design work and construction of necessary new equipment, an allowance for stranded investment costs, and the costs of the start-up of the operation of the municipal electric Page 1 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipa! Electric Utility utility and related coata, is projected to be forty aeven million one hundred thousand dollara ($47,100,000). This amount haa been stated in the form of a local law which is provided as ExhibitAto this report. The inclusion of this amount in the local law is required by Section 360 of the General Municipal Law, which requires that the local law creating the municipal electric utility states the maximum projected cost of the creation and implementation of the municipal electric utility. The coats stated in this report have been determined baaed on the design of a atand-alone municipal electric utility, with no savinga being achieved from joint savings from adjoining or nearby municipal utilitiea, and with no cooperation being receiived by the municipal electric utility from Lilco. In the event that a municipal electric utility at any municipality adjacent or.proximate to Southold is implemented or if there is cooperation received from Lilco or the municipal electric utility in existence and operating in the Village of Greenport, this amount could potentially be substantially reduced, as savinga could be achieved in the costs of engineering and construction, and also the operation and maintenance of the municipal electric utility. The study includea a financial and operational analysis which indicates that assuming the Town of Southold issues forty-seven million one hundred thousand dollars ($47,100,000) in thirty (30) Page 2 Copyright 1998, Power Alternativea, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility year municipal bOnds, the debt service of which will be paid in the first instance from the revenues of the municipal electric utility, that the Town will be able to achieve a very substantial reduction in its electric costs, and will achieve considerable benefits by creating a municipal electric utility. The projections contained in this report in each case are at what is expected to be at the high end of their ranges, and the cost of the implementation and operation of the municipal electric utility may actually be substantially less than the amount stated. The amount of forty-seven million one hundred thousand dollars ($47,100,000) includes a very substantial reserve for a potential stranded investment claim by the existing investor owned utility, and in fact the amount that may be awarded for this, if any, may be substantially less than that amount. In the event that there is no award of stranded investments to the investor owned utility, then the cost or the implementation of the municipal electric utility will be reduced to forty-million one hundred thousand dollars ($40,100,000), and the cost of electricity of the municipal electric utility to its customers would be reduced to approximately nine cents ($.09) a kilowatt. The results of this study also show that a reasonable projection can be made that by forming a municipal electric utility the Town can potentially reduce the cost of electricity to its 'residents by forty to fifty percent (40-§0%) below the cost of Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility electricity if the Town continues to have service from the existing electric utility. The study projects that the rate per kilowatt hour ("KWHR,,) that will be charged by the municipal electric utility will be approximately ten and eight tenths cents ($.108), (substantially lower if there is no award of stranded investments), and that the Town of Southold itself will save approximately eighty thousand dollars ($80,000) each year on the Town's present annual municipal electric costs of one hundred and eighty thousand dollars ($180,000). There are a number of other benefits to be anticipated in addition to the economic benefits provided by the creation of a municipal electric utility. The ownership and control of the municipal electric utility by the Town will actually improve the service to its rate-payers and residents. This is because the utility, at the local level, will determine and address service, maintenance and repair priorities, with the municipal electric utility and its officials being directly accountable to the residents and electric customers of the Town of Southold. Southold may aisc elect to staff the operations of the municipal electric utility itself, providing employment opportunities for qualified residents, taxpayers and rate-payers in the Town of Southold. Page 4 Copyright 1998, Powe=,Alter~tives,~I~c. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal ElectricUtility As described further in this study, the creation of the municipal electric utility is done by the adoption of a local law by the Town Board. A proposed local law which could be used for this purpose is annexed as ~to this report. The Local Law, which is subject to the approval of the residents of the Town that are registered to vote, at a subsequent mandatory public referendum, which is generally conducted at least ninety days after the date of the adoption of the Local Law, but which can be held sooner than that, depending on the scheduling of general and special elections. The creation of the municipal electric utility by the adoption of the local law and the approval of the referendum does not commit the Town of Southold to the expenditure of any funds or the incurring of any debt. The actions of the adoption of the Local Law and the approval of the law at a referendum do allow the Town of Southold and its newly formed municipal electric utility to, with the assistance of Power Alternatives, confirm the cost and availability of electric supply, the cost of the acquisition and or construction of the infrastructure, and the cost of the electrical work and engineering, without incurring additional expense or debt. The Town of Southold, after that confirmation process, can then make the decision to implement the municipal electric utility. Page § Copyright 1998, PowerAlternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility II. ~ The Town of Southold is exploring alternatives that could be beneficial to the future economic well-being of the Town and its economy, residents, and businesses. The fact that Long Island has the highest electric rates in the continental United States has caused the Town of Southold to address the high cost of electricity as an area in which anticiated energy cost reduction will result in benefits to the Town in a n~m~er of ways such as; --attracting more commercial investment and development within the Town as desired, increasing property values, and stimulating the commercial and residential real estate sectors; --reducing the cost of electricity to Town residents resulting in increased disposable or discretionary income, which can be anticipated to flow to the local community and economy, improving the local economy and creating a sense of well-being; --a reduction in the cost to the Town of operating Town owned facilities and of providing services to its residents by lowering the cost of electricity to the Town, resulting in tax reductions or savings. As a result of these considerations, and the interest of the government of the Town of Southold in providing benefits and rate reductions to the Town and its residents, businesses, and Page 6 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility institutions, and in stimulating the economy and sense of good- will and well-being in the Town, the Town retained Power Alternatives to provide this study, and to prepare programs and procedures as a result of this feasibility study of the various alternatives available to the Town in the creation of a municipal electric utility. The Southold Municipal Electric Utility will become another department of the Town Government. The Town Supervisor and or Board could also become the directors or commissioners of the new municipal electric utility, or they may appoint other qualified individuals to serve in that capacity. The Southold Municipal Electric Utility will acquire the electric distribution properties within the boundaries of the Town that are necessary for the operation of the municipal electric utility. The utility also will construct new facilities as required or as is desirable to achieve efficiencies. The Town will then "wheel" in wholesale electric power and, if the Town desires to, operate the municipal electric utility. The Town of $outhold is served by two different electric utilities, Lilco and the Fishers Island Electric Company. The transmission of electricity to Fishers Island is covered in this report, and it is anticipated that the municipal electric utility for the Town will be phased in with arrangements and the implementation of the utility with respect to Fishers island being P&ge7 Copyright 1998, Power Alternatives, Ino. Power Alternatives,'Inc. Report to the Town of Southold Formation of a Municipal Electric Utility made separate from those of the rest of the Town. It would be advantageous for the Town to be able to make a mutually beneficial agreement with the Fishers Island Electric Company for the benefit of the residents of the Town on Fishers'Island as to the installation and maintenance of the municipal utility on the island, however, the Town will have the ability under the municipal electric utility to take the same action and provide the same benefits to the residents of Fishers Island if an agreement cannot be reached. The expectation that the Town ownership and operat!ion of the municipal electric utility, together with the availability of inexpensive wholesale power to Southold, will result ix economic benefits and higher service reliability, is based upon the recent experiences of the Town of Messina and the operating efficiencies of the Villages of Greenport, Freeport and Rockville Centre. In addition, many other municipalities on Long Island and throughout the State are also pursuing municipalizationof their electric services at this time. Presently more than two.thousand municipal electric utilities throughout the nation provide reliable electric power to their communities at rates that are substantially lower on the average than investor owned utilities, and at a fraction of the present cost of electricity to theTown of Southold and its residents~and bueinesses. The Town of Meseina also acquired the electric properties Page 8 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility within its boundaries and received low cost wholesale power transmitted to its distribution system. The program in Messina has been in place over 15 years, and during that time the Town of Messina has reduced the cost of electricity to its customers by more than fifty percent (50%) of the coat being paid by other customers of Niagara Mohawk, with what is believed to be its fourth rate reduction being recently approved. -The very substantial reduction in electric rates which municipalization in Messina has provided is even after allowing for and making payments for other benefits to the Messina Community through the revenues, including making substantial payments in lieu of taxes. The residents of Messina also assert that service reliability has improved over this time period. A check of customer satisfaction within the Villages of Greenport, Freeport and Rockville Centre indicates that they are very satisfied with the reliability of their utilities and express no desire to return to the service of the area~s investor owned electric utility. Thestudy presents the Town with a program for the creation and implementation of a municipal electric utility based upon advantageous economic alternatives, and reports findings that determine whether or not it is economically advantageous to own and operate a municipal electric utility within the Town. Southold may elect to purchase powerand share services with Page9 copyright 1998, Power Al~ernatives~ Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility adjacent or nearby municipal electric utilities should they be created, or possibly at the Villages of Greenport, Rockville Center or Freeport, or the municipal electric utilities that are being implemented at the Villages of Ly~brook, Hempstead, and Farmingdale, or others being considered at other locations. ~trrangements with either of these or other municipal electric utilities for sharing services or overhead may have the potential of substantially reducing the costs of the creation and operation of the municipal electric utility that are addressed in this study. The study presents the estimated approximate level of savings to be expected and presents potential concerns that will have to be addressed in the creation and operation of the municipal electric utility. The study is based on several technical and economic assumptions, which in general are based on interpretations of data from various sources and the experience of Power Alternatives in similar or like circumstances in the industry. There is no assumption made in this report which alters the findings, but rather only the degree or range to which potential events will occur, or affect, the conclusion or recommendation of the study. The analysis presented in this study is based upon information supplied by the Town of Southold, the Long Island Lighting Company (Liloo), the Long Island Power Authority (LIPA) Page 10 Copyright 1998, Power Alternatives, ~no. Power Alternatives, Ino. RePort to the Town of Southold Formation of a Municipal Electric Utility and the Federal Energy Regulatory Comm~ssion (FERC) along with operating data from the Villages of Freeport, Greenport, and Rockville Centre and Messina, New York. The study wae prepared to bring the Town of Southold to the stage of the consideration and adoption of the required Local Law, and the referendum that is required after the adoption of the local law creating the municipal electric utility. Page11 Copyright 1998, Power Alter~atives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility III. ~oDe of the Study Power Alternatives has been retained by the Town of Southold to prepare a study of the feasibility and to prepare recommendations for the formation of a municipal electric utility for the Town of Southold. Southold has commenced the process of considering and establishing a municipal electric utility in order to reduce the cost of electricity both to the Town itself including its street, building, and park lighting, heating, and other uses of electricity, and of the residents, businesses, and institutions of the Town. Power Alternatives is in the business of studying, formulating, and implementing municipal electric utilities, arranging for a supply of electricity to the municipal electric utility by wholesale wheeling and, if desired by the Town, managing and operating the new municipal electric utility. The Town has requested and Power Alternatives has agreed, to provide a study of the feasibility of creating as well as a plan for the implementation of each of these areas. The scope of this study therefore, is to provide the information that is necessary for the Town Supervisor and the Town Board of the Town of Southold to make a proper decision as to the process that was commenced with the formation of a municipal Rage 12 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a MUnicipal Electric Utility electric utility. This report addresses the three different components of the costs of a municipal electric utility, which are the acquisition of the existing electric system or the construction of a new electric system in the Town, the manner and cost of obtaining a supply of electricity, and the costs of operating and maintaining a municipal electric utility. The report addresses each of these components together with their cost estimates. The analysis of the components and their cost estimates will enable the Town to present the plan to the public for their approval, as required, in the form of the required voter referendum. Power Alternatives' pursuant to its agreement with the Town, will undertake all of the activities which will bring the Town to the referendum stage. These activities can be structured in several phases, and the phases include the following: Phase I. 1. Analysis of existing franchise agreement with the Long Island Lighting Company (Lilco) and the Town to determine (a) if any such agreements exist and (b) if the existence of agreements present any impediment to the creation of a municipal electric utility for Southold. 2. To establish a value of the existing electric distribution infrastructure within the boundaries of the Town Page~13 CopY~ight 1998~, Power Alteruetives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility in order to estimate the cost of acquisition by any one of the three options described below and as required for information to present to the rate-payers in the mandatory referendum. 3. Analysis and recommendation of the option for the acquisition of the electric distribution infrastructure; including friendly purchase, condemnation, replication or duplication of the system. 4. Plan for the modification to existing distribution system and the engineering and other work required to isolate the Town municipal electric utility from the Lilco system. 5. Design and plan for the reconnection to the independent power supply for wholesale power including associated (reconnection) costs. 6. Design of a system to enable the Town to monitor the amount of electrical energy entering the Town distribution system and methodology of payment for the purchase of this energy. 7. Design e system for monitoring, billing, and collecting fees for the use of electric energy by the customers of the municipal electric utility, that is, the residents, businesses and institutions of Southold, and the municipality itself. 8. Development of an organizational structure for operating Page 14 Copyright 1996, Power Alternatives, I~c.~ Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility the proposed municipal electric utility of the Town in all its required functions, including system operation and maintenance, warehousing, accounts payable and receivable and general administration. 9. Analysis of options for energy purchase by the utility and a form of bid proposal for use in price solicitation from independent power suppliers. 10. Preparation of draft documents (local laws, proposition for referendum, public notices, etc.) for the creation of the municipal electric utility for use by the Town attorney. 11. Preparation of a written plan outlining the sequence of activities required of the Town to bring .the proposition to referendum. Phase II Assist the Town in all activities during the referendum stage, including attendanceand presentation at informational hearings, and other activities. Phase III Subsequent to approval by voter referendum and a decision by the Supervisor and Town Board of the Town of Southold to proceed with the implementation of a municipal electric utility. 1. Prepare bids or requests for proposals for wholesale power supply. 2., Advise on the plans for distribution infrastructure Page ~S Col~right 1998, power Alter~atives, Ino. Power Alternatives, Inc. Report to the Town of Southold Formation of a MuniCipal Electric Utility acquisition from the existing utility. 3. Establish an organizational structure of the municipal electric utility from the options available to the Town. 4. Implementation of the plans for separation and isolation of municipal electric utility. ~n 0utline Form bv Ma4or Task Area I. ~CC~lisition.of Electric Properties A. Preliminary evaluation of existing system. B. Analysis of severance & reconnection costs. C. Development of plan and costs for start-up. D. Three alternatives for acquisition. II. Obtainina Wholesale Power A. Preparation of bid or proposal documents for purchasing wholesale electric energy. III. Development of Plan for ODerationsand Maintenance By Town Municipal Electric Utility Department. By outside contracted services. By Power Alternatives. Page 16 Copyright 1998, Power A12ernatives, Inc. Power Alternatives, Inc. Report to the Town Of Southold Formation of a Municipal Electric Utility IV. Initial Definit~on The study assumes that there will be three major areas of engineering and work for the creation and implementation of the Southold Municipal Electric Utility. These areas are the acquisition of the Lilco and possibly the Fishers Island Electric Company distribution system in the Town, the acquisition or construction of all or part of a substation, and the separation and isolation of the Southold system. The description contained in the report is based on a defining of the creation and implementation of the Southold Municipal Electric Utility as a stand alone municipal electric utility, and assumes throughout the report that there will be no economies from either the municipalization of a neighboring municipality's electric service or from cooperation received from Lilco or the adjoining municipal utility in Greenport. If the County of Suffolk forms a municipal electric utility in the future the town would retain its own identity as an independent utility or could elect, at its option, to become part of a larger, geographic adjacent municipal electric utility. In the event that a neighboring or nearby municipality also creates a municipal electric utility, an agreement may he entered to provide savings for the two municipal electric utilities. Page'S7 Copyright'1998,;PowerAlternatives,'Ino. Power Alternatives, Inc. Report to the Town of Southold Formation of a Mun¢ipal Electric Utility V. ~c~uisition and ConstrUction of Electric Prooerties A. Existina Electric Properties A basic component of the retail charge to customers for the electricity is the cost of the debt amortization associated with the ownership of the distribution properties which are used to serve these customers. The report has assumed that the total cost of acquiring the necessary electric distribution properties (see Exhibit E) and the construction of any new required properties within the Town and establishing an operating electric system, would be funded by the issuance of thirty year bonds. The investor owned utility that presently services the Town has refused to provide the Town with a detailed inventory of its property in the Town. The list of Lilco inventory is maintained by Lilco and the New York State office of Real Property Services in Albany. Lilco directed the New York State Office of Real Property Services not to release this public information, and that public agency has complied with the request Lilco. The New York State Office of Real Property Services has refused to disclose to the Town of Southold the number of poles and amount of wires in the Town, stating that this information is a "trade secret" of Lilco which would harm Lilco~s competitive advantage. A written request was made by the Townto ORPS to release the information and ORPS .Page: 8 Copyright 1998, pOWer Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility refused, as stated, at the direction of Lilco. Although this information is still being requested, and may be.forthcoming, for purposes of this report and study, we were able to arrive at the amount stated for the acquisition of Lilco equipment baaed on other sources of this information that are available to our company. The Fishers Island Electric Company also owns distribution equipment which services Fishers Island. An amount has been included in the report for the acquisition of that equipment. However it is hoped that an agreement may be reached between the Southold Municipal Electric Utility and that company either to acquire or use the equipment on an agreeable basis. After the municipal electric utility is in operation, the funds that are necessary to pay the annual debt service (principal and interest) would be obtained from a portion of the revenues received from the sale of electricity to the electric customers (see~). The cost of acquiring the electric system properties inside the Town from Lilco and the Fishers Island Electric Company, if necessary, and of establishing the Town*s municipal electric utility could include the following: 1. Purchasing of the existing electric distribution system properties within the Town. 2. Construction of metering facilities and instrumentation page 19; Copyright.1998, power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility at an existing or new substation. 3. The cost of reconnecting any separated portions of the Lilco electric system outside the Town (severance). 4. The cost of reconnecting the newly established electric distribution system inside the Town. 5. The projected costs of establishing a Town owned municipal electric utility including the working capital, start- up, stores, inventory, trucks'and capital equipment expenses, and the first two months of operating expenses. 6. The cost of establishing a reserve fund, it ~inanced by general obligation bonds, which is assumed here. 7. The cost of related legal, engineering and financing expenses. The Ac~uisition of the Infrastructure Can Be Achieved By: A. Condemnation - based on reproduction cost less depreciation ("RCNLD"). B. Replication - based on reproduction cost new ("RCN") and restoration. C. Friendly acquisition through negotiation. Power Alternatives has investigated each of these alternatives for Southold. It is not likely, at least at the planning stage, that the existing utility would amicably sell its property to Southold for a fair price. The process~a~d cost of replication have b~en estimated, and would appear to be Page 20 copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility impractical, It will therefore be assumed at this point that the Town will be most successful in the creation and operation of the municipal electric utility if the alternative selected for the acquisition of the necessary plant, facilities and equipment, is that of condemnation. B. Cost of Acauisition of Existina Electric Properties The amount that the Town will have to pay to acquire the existing electric properties will be based upon either an amount negotiated between the utilities and the Town, or if negotiations are unsuccessful, the amount would be determined in a condemnation proceeding. Based upon precedent and recent Federal Energy Regulatory commission rulings the Town can anticipate that when the determination of the value of the properties is made, significant weight will be placed upon the cost of rebuilding or replicating the system (defined as "Reproduction Cost New" or "RCN" sometimes called Trended Cost Value) less an adjustment for depreciation. Reproduction Cost New Less Depreciation ("RCNLD" sometimes called Depreciated Trended Cost Value) is the approach used to establish the value for assessing properties in the State of New York and upon which is paid for property taxes, and can be expected to be the highest cost that Southold would pay for the equipment that is acquired. '~ Page 21" Copyright 1998, Power Alternatives, Inoo Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility Power Alternatives has made a determination, for purposes of this report, of what it believes to be the original cost information of this equipment for the Town of Southold. The RCN and RCNLD have been computed and presented for the distribution system (see Exhibit~), and will be calculated based on detailed information from the investor'owned utility if it released at a later date. An order of magnitude analysis of the costs provided data in a form used to develop the Town's list of assessed valuation. Properties consist of two categories: the "private" properties.and the #public~.properties. The public properties are those electric facilities located along the streets and public right-of-ways. The private properties are those facilities on land owned by the utilities. Based upon our review of the information obtained by Power Alternatives and the Town, we conclude that the maximum amount that Lilco could reasonably support as a value for its operating electric distribution properties in the Town is twenty-seven million eight hundred thousand dollars ($27,800,000) exclusive of any stranded costs assessment. ~ A separate amount has been included for purposes of this report for the possibility of acquisition or construction of equipment on Fishers Island of five hundred thousand dollars ($500,000), should this become necessary. These amounts include Page 22 copFright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Munoipal Electric Utility the distribution equipment in the Town that will be acquired by the municipal electric utility. There is projected to be a minimal amount of additional work for the Town for the construction of new equipment, and an amount in has been included in the study under separation and isolation for that. An estimate is also included for stranded costs in the amount of seven million dollars ($?,000,000), which is an amount that isbelieved should be included for a reserve against possible stranded investment liability for the Town. Power Alternatives has projected these figures based on an assumption that none of the adjacent towns forms a municipal electric utility which can work with the Town for Jointly achieved savings, and that there is no cooperation received from Lilco or the Fishers Island Electric Company in the engineering and implementation of the new Southold Municipal Electric Utility. The amounts stated in the report may be substantially reduced in the event that an adjacent municipality forms a municipal electric utility which works to achieve joint savings with the Southold Municipal Electric Utility, or if the Fishers Island Electric Company cooperates with the new municipal electric utility es to acquisition or engineering and implementation. It is anticipated that Southold will explore trying to obtain the cooperation of the Fishers Island Electric Company to continue the operation of'its utility or to operate it Jointly with the Page 23 Copyri~ht I998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility Town municipal electric utility. However, if the Town eventually must assttme responsibility for that system, the costs of that are provided for in this~study. ~tranded Investment Costs Lilco may try to defeat Southold~s effort to establish a municipal electric utility by arguing in condemnation for the recovery of its .stranded investment." The argument would be that Southold~s condemnation of Lilco~s distribution system would deprive Lilco of the value of a proportionate share of its generating assets that, absent the condemnation, Lilco would have devoted to the service of the customerts proposed to be served by the municipal electric utility. See, for example, ~ Power & Liaht Co. v. City of PuvalluD, 51 F.2d 691-694 (9th Cir. 1931)~ City of Thibodaux v. Louisiana Power & Liaht Co. 225 F.Supp. 657, 661-663 (E.D.La. 1963) ~odified on other ~rounds, 373 F.2d 870 (Sth Cir. 1967), cert. denied, 389 U.S. 975. The response to that argument is three-fold. First, the concept of stranded investment has no meaning in a competitive market, since a surplus of productive capacity can always be readily eliminated simply by lowering the price. See, Ca4un Electric Power Cooperative. Inc. v. FERC, 28 F.3d 173, 176-180 (D.C. Cir. 1994} (rejecting approval of "stranded investment" provision in transmission tariff). Second, the General Municipal Law provision allowing for the creation of municipal utilities was Page 24 Copyright 1998, Power Altern&tives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility enacted in 1934. From that date forward, Lilco had no "reasonable expectation" that any investments it made in generating capacity would achieve any particular level of return. At any point in time, some or all of the municipalities on Long Island could choose to create their own municipal electric utilities and thus deprive Lilco any return on its investment. Third, much of Lilcots generating capacity sits idle. Where is the stranded investment? For these reasons, our view is that Southold should not anticipate paying in condemnation anything for "stranded investment." Condemnation. costs would be limited to the value of the distribution infrastructure in Southold as described above. similarly, with regard to a recovery of "stranded investment" in a Federal Energy Regulatory commission proceeding pursuant to FERC Rule 888A (if one becomes necessary), our view is that Lilco should not recover anything for the reasons set forth above. However, prudence would dictate creation of acontingency for "stranded investment", asa stranded cost allowance for purposes ofthis report and study, which has been included in the amount that is stated above in the amount of seven million dollars ($7,000,000), which is believed to be a conservative amount for that purpose. Finally, and of enormous significance, the Town of Southold executed a franchise agreement with the Long Island Lighting Page 2§ Copyright 1998,.Power Alternatives, Inc, Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility Company in 1975. The agreement, however, was subject to condition precedent in becoming effective, namely that the Long Island Lighting Company take affirmative action, including signing and filing of the agreement by a certain date, which the Company did not do. The failure by the Company to fulfill the condition precedent suggests that the franchise agreement never became effective, and thus depriving Lilco of any agreement that it is entitled to. C. ~eoaration and Isolation Costs The purchase of the electric distribution properties within the Town and the establishment of a separate Town owned electric system is expected to cause the need to first separate and then individually reconnect the respective electric systems of Southold and Lilco. The existing electric properties of Lilco which lie within the Town (hereinafter referred to as the "properties") include 13.2 kv and be1°w distribution lines and equipment. All right of way properties of the Long Island railroad have not been included in the scope of this analysis and, therefore, any transmission lines located have not been considered, nor has the 69 kv line or 23 kv line been included for acquisition. Substations 8U, 8B and 8WRwill not be required for distribution. Southold generating station 8J will not be required by the Pag~6 Copyright 1998, Power Alternatives, Power Alternatives, Inc. Report to the Town of Southold Formation of a Munoipal Electric Utility Town. The above referenced transmission facilities will remain the property of Lilco. · Power for Plum Island will be purchased on the iow side of 8WR. Fishers Island is Presently serviced by a connection to the Island from an investor owned utility other than Lilco. Fishers Island after the formation and the commencement of the operation of the municipal utility will be served through the same connection via Connecticut. It is anticipated that Southold will attempt to enter an agreement with the Fishers Island Electric Company, however, if that does not occur, the municipal electric utility may obtain a supply of electricity through that connection to Fishers Island. In order for the Town to establish a separate Town owned electric system, the Town must first acquire the 13.2 kv lines and step down to 4000 ky within the Town boundaries and then sever the connections to the adjacent areas served by Lilco and Loop systems where necessary to maintain Lilco continuity. Power Alternatives has identified two different locations where single phase or three phase distribution lines cross the town line into the adjacent town of Riverhead. This will necessitate and result in the severance and reconnection of fused cutouts to ~solate the system from adjacent town. The locetions at whioh these distribution lines cross the tow~ border are listed Pa~e 27 Copyright I990, Po~er Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility below. -Aldrich Lane and Sound Avenue at Riverhead Border -Laurel Lane and Route 2§A(Main Road), at Riverhead Border The projected cost of the separation and isolation of the system, including the cost of establishing any required metering and an allowance for Fisher Island is two million eight hundred thousand dollars ($2,800,000). This amount may be substantially reduced if Lilco cooperates in the engineering and design considerations, or the amount may also be substantially reduced if one or more adjacent municipalities also forms a municipal electric utility and acts with Southold to achieve Joint savings. The capacity of the municipal electric utility at the Village of Greenport was reviewed for the possibility of purchasing electricitY transmitted through that Village~s municipal electric utility. It does not appear that the transmission capacity is sufficient to provide a substantial amount of electricity to the Town municipal electric utility through that other municipal electric utility. D. Utilitv Start-UP Costs Power Alternatives has projected the costs of the start-up of the system that theTown will incur. Start-up expenses are those expenses that the Town can expect in order to establish, equip and organize an electric department similar"to those found in Page 28 Copyright 1998, Power-Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation.of a Muncipal Electric Utility Rockville Centre, Freeport and Greenport, and other established operating municipal electric utilities. This would require the purchase and development by the Town of a site to house the utility and provide storage, whether it staffed by Town personnel or contracted services. The purchase of capital equipment (three line trucks and boom trucks), as well as the purchase of materials and supplies. The anticipated cost of the goods and service necessary for start-up is expected to be two million dollars ($2,000,000). This amount is a total of the expected cost of the equipment, and the necessary mat~rials and supplies for the operation of the Town municipal electric utility, and is the amount that is necessary to finance the operation of the municipal electric utility for the first two months of its operation. Power Alternatives has surveyed various contractors and determined that in the event that the Town decided to contract out to a private company the services that are listed in this report, such as Power Alternatives, the costs can be substantially reduced, and further savings in electric rates can be achieved. An allowance was set aside for the operation of the utility prior to the receipt of revenues, which probably would be for the first one and a half months of operations. A figure, which is for consumable expenses and labor charge (either for Tow~ forces or Page 29 copyright 1998, Powers. Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility contracted services) has been calculated by Power Alternatives, which is based on an additional period of time in order to be conservative and to provide for contingencies, and we have projected two million dollars ($2,000,000) for this cost. F. Leaal and Enaineerina Costs The engineering of the isolation, separation and reoonnection as well as the initial contracted services will be quite extensive. Legal fees for Phase I are set, but the variable in setti.ng the legal fees would be the extent of the condemnation litigation. The amount of two hundred thousand dollars ($200,000) has been set aside for initial engineering which will be considerably less in subsequent years. The amount of five hundred thousand dollars ($500,000) has been set aside for initial legal services not including the legal fees for any, if required, extended condemnation proceedings. G. Debt Service The analysis presented in this report has assumed that all monies necessary for the acquisition of property and start-up of the municipal electric utility shall be obtained by the Town issuing municipal bends, with the indebtedness to be paid in the first instance from the revenues of the municipal electric utility operation. The bonds that are contemplated being issued, will be general obligations of the Town of Southold, but will be serviced by a Pa~e. 3.0 Copyright 1998, Power:Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility specific revenue source, which is the revenues of the municipal electric utility. A reserve fund is generally established for these bonds in an amount equal to one year of principal and interest debt service payment. The amount that has been calculated for this purpose that is the establishing of the reserve fund, is projected to be three million eight hundred thousand dollars ($3,800,000). H. Bond Discount ¢Cost of Financina) The bond discount or the cost of financing is the cost of the investment banking and other services that are necessary and usually incurred in issuing the municipal bonds that are required to implement the municipal electric utility. The cost of financing has been calculated to be five hundred thousand dollars ($500,000) for the bond discount and costs, including the cost of bond counsel, bond service firms and other costs. Total Amount of Acauisition and Operational Start-Up See Exhibit E Page~3l Copyright1998, Power Alterhatives, Ino. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility VI. ]THOLEa~%LE POWER HUPPLY A. ~gwer SuPPlY Costs and Alternatives Once the Town has formed a municipal electric utility and has acquired the necessary distribution system and equipment it must proceed to secure the lowest cost long-term power. The options which we see presenting themselves to the Town of Southold are as follows: 1. 2. Purchase of wholesale power from regional utilities. Purchase of wholesale power from an independent power generator. 3. Installation of utility owned generator. 4. Installation of generator operated by others. 5. Purchase of power from New York Power Authority. The Southold Municipal Electric Utility will fall under the provisions of municipal law requiring competitive bidding or requests for proposals for any of the first four alternatives, form of solicitation for this purpose has been prepared as ExhibitI. It is believed that the p~rchase from NYPA would be exempt from bidding. Power Alternatives has reviewed possible generation sites within the Town, and the logistics of the installation of generation within the Town.either by the municipal ele=tric A Page 3~~, Copyright 1998, Power Alternatives, Inc. Power ~lternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility utility itself, of by an outside party. Alternatives three and four, which propose power generation within the Town by the utility have been rejected by Power Alternatives for further consideration at this time in as much as our investigation has resulted in findings of generation costs to be expected to produce electricity at approximately seven cents ($.07) per kilowatt, which is far in excess of the cost of electricity to be obtained by the Town of Southold municipal electric utility through a competitively bid contract for electric supply through wholesale wheeling. In the event that at a later time the economies of obtaining supply through generation versus wheeling have substantially changed, the Town could review and consider this option again at that time. The cost of generation in Rockville Centre, for example is about 7.1 cents per KWHR. The reason why the Village of Rockville Centre can sell electricity at a retail cost of 5.8 cents/KWHR is because it receives approximately fifty percent (50%) of its reqUirements from NYPA hydro-power at under 3 cents/KWHR. While NYPA power may be unavailable for a few more years, there is expected to be similar low cost power available to the Town. The Suffolk County Electric Agency has also received bids for wheeling power to meet a 3OOMW reqUirement. The prices were beli~ved-to be less than 5 cents a KWHR. Page 33 copyright 1998, PoWer Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility Alternative 5 warrants no further discussion in as much as there is no further hydro-power available from NYPA with the present capacity committed to the year 2014. Power Alternatives is of the opinion that a fixed price contract obtained by a competitive bidding for a term of ten to fifteen years, from a regional utility, would offer the most reliable, least expensive source of power to meet the Town's requirements. However shorter terms may be considered in order to take advantage of commodity prices on the market. There is presently an abundance of available power in the nation-wide power grid. Unfortunately it is not uniformly allocated by source supply and some areas are experiencing the need to reach out beyond their boundaries for additional power. This has resulted in competitive bidding resulting in lower costs. The interstate transmission of power made possible by FERC regulations in 1995 has made available electric power from those regions with excess power to those utilities with limited high cost electric power. Based on research and analysis done by Power Alternatives, it is indicated that the Town will be able to purchase power for a price of less than four cents ($.04) per kilowatt hour. This includes the demand charge, the energy charge for generating the electricity, and the transmission charge or "wheeling" charge. We have used this figure in developing the first year operating Page~34 Copyright .1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility budget of the Town of Southold Municipal Electric Utility. B. ~lectric Reuuirements of the Town Based upon information obtained from the accounts of the New York State Division of Equalization and Assessment, the Town's 12 month requirements are: No. of Customers Residence 8,125 Commercial 220 Town Street Lighting, Schools, Traffic Signals Total C. Annual Peak Demand 45 MW Solicitation of Wholesale Power Annual Energy Sales KWH 69,597,557 40,000,000 1,100,000 110,697,557 See Exhibit I Page 35 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility VII. OPER~TING~ ~TNTaTNING THE UTILITY A. The Town of Southold will have the option of either providing the municipal electric utility with an organizational structure as a part of the Town, or to contract with a suitable engineering and maintenance company to perform required activities and discharge the delegated duties and responsibilities. It is strongly recommended that a Superintendent of Utilities be appointed to oversee the electric operations either as a Town Utility Department (see Exhibit D) or a contracted service. The cost of initial organization or privatization is expected to be about the same, but there are advantages to privatization, which include expected effectiveness and lower costs. B. TYPical Utility Oraanization 1. Authority and Jurisdiction The Town in the formation of the Southold Municipal Electric Utility can create a board of commissioners or directors which will have the authority to create an organization to operate and maintain the utility. Under the local law creating the utility, this authority can be delegated to a general manager or superintendent who will, in consultation with Power Alternatives, proceed to develop the organizational structure. Page 36 Copyright 1998, .PoWer Alternat'i~es, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation cfa Muncipal Electric Utility 2. Function to be Performed Power Alternatives has developed, through its research of similar utilities and investigation of Lilco and other utility organizations, the following activities or functions that must be performed to varying degrees to enable the agency to operate effectively and efficiently. ~' a. Management - The creation of a chain of command and channel of communication to properly discharge the mission of the agency. b. d. e. f. g. h. Line and staff supervision Meter reading Billing and accounts receivable Purchasing and accounts payable Stores inventory control Vehicle maintenance Technical support i) meter repair ii) drafting iii) CAD iv) engineering Clerical/typist Public relations Line maintenance 1. New installations Page 37 Copyright.~998, Power A~te~mat~ves, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility m. Legal support n. Personnel administration o. Labor relations p. Employee benefits/payroll q. Financial administrator, budget, cost code accounting, rate setting It is important to note that a position is not required for each of the above activities but rather agrouping or consolidation of activities will be assigned to a position with the nt~mber of positions determined by workload. Conversely some activities will require more than one position such as "lineman". C. ~ Power Alternatives has developed an organization (Exhibit D) which will, if properly staffed, be able to effectively carry out the functions described above for the Southold Municipal Electric Utility. This organization, as previously described, can be created either as a Town Department or can be a contracted service. The alternatives available to the municipal electric utility in this regard are as follows: 1. Form an in house staff (Town Utility Department) 2. Contract the service out under the direction of the Superintendent of Utilities. 3. Contract with Power Alternatives under agreement reporting to the Town or Board. Page 38 Copyright 1998, Power. Alternatives,. Inc. Power Alternatives, Inc. Report to the Town of Southold FormatiOn of a Muncigal Electric Utility 1. positions and Personnel Once the organizational structure has been developed individual job descriptions must be written which establish the duties and responsibilities of each position on the chart along with a description of the job activities and required qualifications for the position as well as the number of each of the positions which must be established. One of the advantages of forming a Southold Municipal Electric Utility and staffing the utility organization rather than contract the service is that local qualified personnel can be hired by the Town as compared to obtaining the service on a contract basis from a regional labor pool. A slight disadvantage of staffing the organization in this manner is that the new municipal electric utility will be responsible for the training of personnel, while a contractor would be responsible for providing qualified trained 9ersonnel to theTown. The hiring of personnel for the municigal electric utility can be accomplished by Southold with the assistance of Power Alternatives. Job descriptions, and salaries and wages and benefits would be developed for each position. The candidates for each position would be selectedfrom a human resources data bank. 2. Oraanizational Structure (~eeE~hib~ D~ Page 39 Copyright 1998~ Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility Power Alternatives has developed a structure which attempts to group like or similar functions and activities in order to minimize the number of full-time positions required. In conjunction With this certain support systems, such as transportation, communications, and computer requirements will be developed. Also very clear policy and procedure statements along with operating rules and regulations will have to be developed. The operation and maintenance structure of the municipal electric utility can be either an in house department or by an outside contracted service which will insure service reliability in an efficient and cost effective manner. During periods of adversely impacting environmental conditions, emergency restoration training should enable the utility staff to deal with any emergency situation on a '24 hour basis. In the event that damage to the infrastructure should exceed the capability of municipal electric utility to restore service in a reasonable amount of time, outside utilities are required, often under mutual assistance agreements, to assist the Southold Municipal Electric Utility in its restoration efforts. Priority customers will be identified by the munic£pal electric utility for continuous service. The utility will also establi~h uninterruptable power supplies (UPS) for emergency services, such as police dispatoh and fire and medical services. Page 40 Copyright !9.98, Power Alternatives' Inc. Power Alternatives, Inc. Report to the Town of S°uthold Formation of a Muncipal Electric Utility Having control of the operations and maintenance of the municipal electric utility will allow the Town to establish its own goals and priorities, and not permit the concerns and voice of the businesses and residents of Southold to get lost in the larger utility. All decisions of the new municipal electric utility will be made in open public hearings and subject to the open government and "sunshine" laws, the same as Town government. F. Annual ODeratina Cost ¢See ODeratina Budaet Exhibit F~ Power Alternatives has developed a projected annual operating budget for the municipal electric utility which is a fiscal plan identifying the source and use of revenues. Once the municipal electric utility is formed, the annual expenses must be estimated (see Exhibit F) and off-setting revenues must be realized in the form of payment from the billings to the utility's customers. The amount billed to the customers of the municipal electric utility will be at a rate which based upon the amount of expected, and'then actual, electric consumption in kilo-watt hours will be sufficient to achieve a balanced budget for the municipal electric utility. The rate for'the first year of operation of the Southold Municipal Electric Utility that will be sufficient to establish a balanced budget is projected to be tenand eight tenths~cents ($.108) per KWHR. This rat~ includes a substantialreserVe for P&g~ 41 Copyright 1998, Power ~ltern'at~veS; Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility' the possibility of a stranded investment claim. This is a very conservative approach to the calculation of the expenses of the' utility, and the anticipated rate, and the actual cost of electricity that is provided by the Southold Municipal Electric Utility may well be as low a eight and one-half cents ($.085) per kilowatt. The three major components in the budget and therefore the most important factors with respect to .projecting the rate to be set for the municipal electric utility are the following: a. The debt amortization for purchase of infrastructure and other costs. b. The cost of wholesale power. c. The cost of annual operations and maintenance. The line items that are found in the budget for the municipal electric utility'that has been projected by Power Alternatives are the following: 1. Revenues The amount of revenues of the municipal electric utility is determined by the projected annual consumption of electricity, or the total annual sales of electricityby the municipal electric utility, multiplied by the estimated cost of theelectr£city that is sold. Power Alternatives has projected the annual sales of electriCity.by the municipal electric utility to be one hundF, ed Page 42 Copyright 1998, Power,Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Munoipal Electric Utility ten million, six hundred ninety seven thousand, five hundred and fifty seven (110,697,557) kilowatts. This amount was determined based on infor~ation provided by Lilco to government agencies, and also based on the number of residents, businesses and institutions located in the Town. Based on the amount of expenses for each of the operating and other expense items that are described below, for the municipal electric utility to operate at a level where the expenses will equal revenues, the rate that the municipal electric utility is projected to charge for electricity will be ten and eight tenths cents ($.108) per kilowatt hour. The amount of estimated consumption of electricity, and the rate projected to be charged result in a projection for total annual revenues of the municipal electric utility to be twelve million, nineteen'thousand, three hundred and ninety five dollars ($12,019,395). In the event that there is a difference between the projected consumption of electricity in the Town and the actual amount, this will not affect the projected rate in a substantially negative manner due to the fact that the operating costs of the municipal electric utility will be Scaled back proportionately to provide the same rate to the customers of the utility. The slight differences between this amount and the exact product of the rate and consumption is due to rounding of the Page 43 Copyright 1998, PoWer Alternatives, Inc.. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility figures that were used in this analysis and the calculations that were made using those amounts. 2. Salaries and Waaes This amount is the projected total of employee salaries and wages based on the average for industry salaries at an average of $4§,000/year (comparable contracted cost) for each employee. Power Alternatives has provided a suggested structure for the municipal electric utility in the event that the Town decides to operate the municipal electric utility itself.. The various salaries of the organization of the municipal electric utility are expected to total salaries and wages of one million eight hundred thousand dollars ($1,800,000).per year, and that is the amount that is included by Power Alternatives in the budget for that item. 3. ¢o~tract Services The amount that is included in the budget for contract services, sixty thousand dollars ($60,000), is for the expenses that are expected to be incurred for various services that will be on an as needed basis and are activities for which full-time staffing would be an excessive overhead burden. Examples of these services include such items as UPS service, CAD system update, line fault surveys, and similar services. 4. Consultina Services The Town of Southold has entered a contract with Power Page 44 Copyright 19~8, Power Alternatives, Inc. Power Alternatives, Inc. Report to theTown of Southold Formation of a Muncipal Electric Utility Alternatives, whereby Power Alternatives will be paid a fee that is based on a percentage of the municipal savings only, and the amount of which is therefore based on the performance of Power Alternatives in their work with the Town of Southold for the reduction of the cost of electricity. By contractual agreement with Power Alternatives, on a per ann~m basis for ten years, Power Alternatives is entitled to fifty percent (50%) of the savings realized by the Town of Southold in the cost of electricity to the Town for its facilities and other uses, such as the Town Hall and other buildings, street lighting, and other uses. The agreement requires that Power Alternatives willbe available on an as needed basis for consultation in all matters dealing with power supply and distribution, and continue to provide various types of support and assistance to the Southold Municipal Electric Utility. · - The amount of savings that is estimated to be realized by the Town, based on the budget and the projected cost per kilowatt hour for the electricity produced by the municipal electric utility, results in the fee that will be paid to Power Alternatives being approximately seventy five thousand dollars ($75,000) per year, and that amount is included in the budget in the report. The amount thathas been projected for legal services is Copyright 1998, Power Alterna~ives, InC. Power Alternatives, Inc. Report to the Town of Southold Formation of a Munoipal Electric Utility expected to be for all of the necessary legal services other than those thatare required for the condemnation proceeding, and other items required for the start-up'of the utility. The legal services that are anticipated to be required by the municipal electric utility are those for drafting and review of contracts, agreements, and other matters necessary in the annual operation of the utility. Power Alternatives projects that one hundred thousand dollars ($100,000) is the annual amount that should be included in the budget for these legal expenses. The amounts for legal fees that will be incurred in the condemnation end some of the start-up expenses are included in the amount that is projected for the total financing requirement, and therefore the payment for those services is included in the annual debt service amount in the operating budget, not in the amount stated to be for legal services. The amount that is designated for financial services is the cost of the services of professional companies that structure and arrange for municipal financing. The amount of the expenses is a percentage of the debt, and the amount that is included in the budget, forty thousand dollars ($40,000), is the projected amount based on the amount of the financing that is projected to be required in establishing the Southold Municipal Electric Utility. 7. EmploYee Benefits Page46 Copyright 1998, Powe=,-Alterllatives~ Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility The amount that is included in the budget for employee benefits, is six hundred thousand dollars ($600,000). Power Alternatives has projected this amount for all of the benefits that must be paid to the staff and management of the Southold Municipal Electric Utility, and the amount based on experience is generally to be twenty-eight percent (28%) of the amount of wages and salaries. The amount that is included in the budget for power is the projected cost to the municipal electric utility for the electric power supply contracts which it will enter to obtain the electric power that it will be selling to the public. The amount that has been included in the budget for the cost of purchasing power by the municipal electric utility is three million eight hundred seventy four thousand three hundred ninety five dollars ($3,874,395). This amount was calculated by taking the amount of the projected electricity requirements, one hundred ten-million six hundred ninety seven thousand five hundred fifty seven (110,697,557) kilowatts, and multiplying that amount by the expected cost of that electricity, which.is thirty five dollars ($35) per megawatt hour. The anticipated cost that has been used for projecting the cost'of the power to be purchased is based on similar contracts that have been offered to municipalities,' and other information Page 47 Copyri911t 1998, Power Alternatives, Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric utility regarding these prices that is available. The Town. will have the opportunity, with the assistance of~Power Alternatives, to place this contract out for competitive~bidding, and will also have the opportunity to decide the desired term of the contract or contracts that are sought by the Town for the supply of electricity. 9. Materials and SuPPlies The Southold Municipal Electric Utility will have to make an initial stock purchase of materials and supplies in order to stock its inventory. After the commencement of the operation of the municipal electric utility, purchases of materials and supplies will be made on a frequent basis in order to maintain a perpetual inventory system. Power Alternatives has reviewed the requirements of stocking and maintaining an inventory for the new and then operating municipal electric utility, and has projected the amount that will be required and which should be included in the budget for this purpose to be two hundred thousand dollars ($200,000). That amount has been included in the budget as the annual expense for materials and supplies. 10. Real Estate Taxes The existing private investor owned utilities that service the Town currently makes payments to the Town, County and the School District or Districts on its electric distribution Page 48 Oop~right 1998, Power~Alternatives, Inc. Power Alternatives, Inc; Report to the Town of Southold Formation of a Muncipal Electric Utility properties .in the Town. The condemnation by Southold of some of this distribution equipment and facilities will result in the amounts that the private utility is paying to be reduced by less than approximately thirty percent (30%). The municipal electric utility will therefore be making payments to the School District or Districts, Town and Town County aspayments in lieu of taxes. This payment will be made to replace the amount of the payments that will not be made by the private utility for that portion of the distribution equipment that is condemned. Power Alternatives has reviewed the amounts ofthe School, Town and County taxes in order to determine this amount, and has projected that the amount to be used in the budget for the taxes to be continued to be paid by the municipal electric utility will be a maximum of five hundred thousand dollars ($500,000), and in fact may be much lower than this amount. This amount is intended to be sufficient to replace any amount of revenues that will be el'i~inated by the condemnation of utility equipment in the Town. In the event that the amount of the taxes.that are necessary to be replaced or that the Town decides that it desires to have the municipal electric utility pay to the Town, school district, Town or other taxing districts, this amount could be increased with a very minimal effect ~n the rate to be charged for electricity. · Page 49 Copl~right 1998, Power~Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility It is believed that the investor owned utility now paying the majority of these taxes has appealed the assessment of the equipment that it owns in the Town. This action by the utility may result in a very substantial decrease in the taxes presently paid by this investor owned utility, over which the Town has very little control. The Town will be able through the municipal utility to replace the taxes lost by the challenges of the investor owned utility, and the amount of the payment in lieu of taxes will be determined by the Town, and the amount included in the budget is based on the present tax payments that are made, not a lower amount that the utility may be seeking to pay. 11. ~ This is the amount that Power Alternatives has projected will be necessary for the annual cost of servicing the required interest and principal payments on the municipal bonds that are issued to finance the utility. The amount projected for debt service hasbeen calculated by using the highest amount of the financing that is expected to be required, forty-seven million One hundred thousand dollars ($47,100,000), and also by using the prevailing municipal debt rates. The amount that has been included in the budget for annual debt service is three million eight hundred thousand dollars Page 50 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility ($3,800,000) per annum, which is the amount that is included in the budget for debt~service. The calculation has been made by including an amount for an increase in the financing rates, and the amount that is stated is the required amount of annual debt service under the local finance law, which has resulted in the average required annual payment in order to service that debt. 12. ~ostaue. Phone. and Consumer Refunds Power Alternatives has included amounts in the budget for each of these items, which are necessary for the continuing operations of the Southold Municipal Electric Utility. The amount projected for postage, fifteen thousand dollars ($15,000) and for telephone in theamount of fifteen thousand dollars ($15,000) are the operation expenses that are required in order to operate the utility, including meiling bills and responding to customer service calls. The amount projected by Power Alternatives for customer refunds, in the amount of twenty thousand dollars ($20,000), is an estimated allowance that is to be set aside for discrepancies in estimated meter readings and other problems that may result in refunds to customers during one fiscal year period. 13. Insurance Power Alternatives has included an amount in the budget for insurance expenses for the municipal electric utility of three hundred thousand dollars ($300,000). This amount has been Page51 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to ~he Town of Southold Formation of a Muncipal Electric Utility projected for the annUal insurance premiums that will be paid by the municipal electric utility for liability and other types of operation insurance that are necessary in its operation. The Southold Municipal Electric Utility will be setting aside an amount on an annual basis for the replacement of any capital item of the utility having a cost greater than ten thousand dollars ($10,000), and or which has a useful life of five or more years. Power Alternatives has projected an annual amount for the budget of three hundred thousand dollars ($300,000) for an anticipated contribution to depreciation, and this amount has been included in the budget for that purpose. 15. '~iscellaneous ExPense/FacilitY Expenses Power Alternatives has recommended that a substantial provision be set aside in the budget for miscellaneous expenses, including such items as facility expenses, that are not included in the etart-up expenses that are included in the financing and debt amortization. The amount that has been projected for this expense, one hundred thousand dollars ($100,000), has been included in the budget for this item for the first year of operation and the amount may be adjusted, possibly even significantly reduced during the second and subsequent years of operation of the municipal Page 52 Copyright 1998, Power Alternatives, Ino~ Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility electric utility. 16. Continaencv Factor Power Alternatives has suggested that an amount be used in the budget every year for contingencies that may occur so that they may be funded without a rate increase or creating a funding problem in the municipal electric utility. The amount of two hundred and twenty thousand dollars ($220,000) has been included in the budget for contingencies. The contingency factor is established for items such as storm emergency restoration, and other extraordinary events or expenses. - Page' 53 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility VIII. ~egommended actions Based on the results of this study, Power Alternatives recommends the formation of a Town of Southold Municipal Electric Utility by the Town of Southold, and that the Town undertake the following actions: 1. The adoption at a public hearing of a local law by the Town Board of the Town of Southold (see Exhibit A), forming a municipal electric utility. 2. The scheduling by the Town of one or more informational hearings (see Exhibit B). 3. The Conducting by the Town of Southold of a mandatory public referendum (see Exhibit ~). After the adoption of the referendum by the residents of the Town of Southold approving the creation of the municipal electric utility, the Town will then have a new department within the Town, which will be the newly created Southold Municipal Electric Utility. The creation of the Southold Municipal Electric Utility by the Town of Southold will not itself commit the Town.to the expenditure of any other funds or the issuance of any debt. The creation of the Southold Municipal Electric Utility permits the Town to then gather further data So either confirm the Copyright 1998, P0wer'Alternat!ves, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipel Electric Utility results of this study, and the existing markets or conditions, and thereby enable the Town to make the required decision as to the actual implementation of the municipal electric utility. These factors will include the following items. 1. The cost and availability of the supply of electricity to the municipal electric utility. 2. The cost of the engineering, separation and isolation of th~ municipal electric utility. 3. The cost of the acquisition of the infrastructure for and by the municipal electric utility. The amounts for these items have been stated in this report are based on the work of Power Alternatives in conjunction with reliable and experienced industry experts and professionals. The Town will have the opportunity after the creation of the municipal electric utility, and prior to the implementation of the municipal electric utility, and either the expenditure of any funds or the Town incurring any debt, to obtain further confirmation ~f these figures. The Town will then be able to proceed with the implementation of the municipal electric utility, including the following actions which are recommended in this report= 1. The acquisition of the required infrastructure, the separation of thed~stribution system, and construction of required new facilit~es, including metering. PageS5 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility The solicitation of the source of wholesale power. The development of an organizational structure to operate and maintain the system (see section for alternatives available), or the contracting with private sources for management, service and billing of the municipal electric utility. Establishing bond financing for the acquisition and purchase of the equipment, infrastructure, and start-up operations of the municipal electric utility. Page ~6' Copyright 1998, Power~ltern&tivee, Inc~ Power Alternatives, Inc. Report to the Town of Southold Formation of a Muncipal Electric Utility IX. Conclusion The research performed and findings reached by Power Alternatives in this report conclude that the residents and businesses of the Town of Southold as well as the Town itself will benefit significantly by the Town of Southold forming its own municipal electric utility. The rate to be charged by the municipal electric utility to its customers is projected to be ten and eight tenths cents, ($.108) per KWHR, which will be a substantial reduction from the cost of the existing utility. The sequence of activities for the Town to undertake at this point if it is the desire of the Town to proceed would be as follows: 1. The Town Board adopts a local law forming the municipal electric utility. 2. The Town Board conducts Town Board public informational hearings. 3. The Town Board schedule a public referendum and post notice of proposition to be placed before the voters. 4. Obtaining a bid setting for wholesale power supply. 5. File 211 application to FERC. 6. Acquisition of electric infrastructure and engineering design of Town distribution and metering. Pa~e 57 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility O O D LOCAL LAW NO. OF THE YEAR 1998 A LOCAL LAW CREATING THE MUNICIPAL ELECTRIC UTILITY OF THE TOWN OF SOUTHOLD. BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF SOUTHOLD AS FOLLOWS: ~eotion 1~ Title. Puz~ose and Definitions. 1.1(AJ. Enactment. Pursuant to Section 10 of the Home Rule Law, and Section 360 of the General Municipal Law, the Town of Southold, County of Suffolk and State of New York, hereby enacts this local law to create the Town of Southold Municipal Electric Utility. 1.1(B). Effective Date. The local law shall take effect on the filing of the approved Local Law with the Secretary of State of New York, which shall be within five (5) days after its approval by a simple majority of the voters by mandatory referendum at an election to be held to approve this local law, pursuant to Section 360 of the General Municipal Law. 1.~. Intent. WHEREAS the Town of Southold is a Town duly formed under the laws of the State of New York, and; WHEREAS the Town Board of the Town of Southold is duly Page 58 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility empowered pursuant to Section 360 of the General Municipal Law of the State of New York to form a Municipal Electric Utility for the Town, and; WHEREAS it is essential for the well-being, livelihood and safety of the residents and businesses of the Town, and of the other consumers of electric power in the Town, including the Town itself, and of their families and quests, for the economic climate of the Town, and for the protection ofprivete and public property within the Town and the value of that property, that the supply and distribution of electricity to the residents, businesses and other consumers of electric power in the Town, and the Town itself, be provided in a reliable manner, and at a fair and reasonable cost, and; WHEREAS the Town Board has determined that the most reliable, fair, and economical way for the supply of electricity and electrical service to be provided to the Town of Southold, its residents and businesses and institutions, is by the creation of the Town of Southold Municipal Electric Utility, the Town Board of the Town of Southold hereby enact this local law for the intent and purpose of establishing a Municipal Electric Utility pursuant to Section 360 of the General Municipal Law, and all of the powers and duties thereunder. Section 2.; Plant end Faoilitiesv Maintenance and 8ervioe. and SUPPLY The Town of Southold Municipal Electric Utility shall acquire Page 59 Copyrig~t 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility the necessary plant and facilities, and either establish necessary functions for or procure contracts for the maintenance, service and billing of the electrical energy system and utility, and a supply of electricity such as are necessary for the creation of the Southold Municipal Electric Utility. The proposed method of constructing, leasing, purchasing, or acquiring, the plant and facilities for the municipal electric utility, together with both the maximum and the estimated costs thereof, the method of furnishing such service, and the method of obtaining electrical supply shall be as follows: ~.1. Plant and Facilities. A. The Town of Southold Municipal Electric Utility will obtain by purchase or condemnation the electrical distribution system within the boundaries of the Town currently owned by the Long Island Lighting Corporation ("Lilco"), and purchase, condemnation or agreement for the use of the equipment of the Fishers Island Electric Company, and will construct such additional infrastructure as maybe needed to separate itself from the Lilco system. The Town of Southold Municipal Electric Utility also may construct its own generating facilities to supply electrical energy to its customers and, in its discretion, may construct new infrastructure instead Of acquiring property. B. The maximum and estimated cost of the items set forth in ,Page 60 Copyright1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility subparagraph A. hereof, should be forty-seven million one hundred thousand dollars ($47,100,000). C. The cost of the acquisition of the plant, facilities, distribution system and any other costs that are necessary for the implementation of the Town of Southold Municipal Electric Utility shall be paid by the issuance of a bond by the Town for the useful iife of the equipment and facilities, and the longest maturity possible, which is expected to be thirty (30) years. D. The entire costs of the acquisition, construction, development, implementation and operation of the Town of Southold Municipal Electric Utility including the debt service of any financing that is created in order to pay the costs thereof, including the long term bond that is described herein, as well as any other costs of the Southold Municipal Electric Utility, will be paid in the first instance from the revenues generated by the Town of Southold Municipal Electric Utility, and will not have any effect on the general budget or real estate taxes of the Town. ~' 2.2. Service and Maintenance of Plenty F&oilities. and Distribution Bvstem. A. The Town of Southold Municipal Electric Utility will obtain service and maintenance for the infrastructure of the Municipal Electric Utility, and billing and management services by obtaining contracts with suitable and acceptable maintenance, service and billing companies. The contracts will be supported wherever possible by a performance bond of an amount acceptable to Page 61 Co~Yright 1998, Power AlternatiVee, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility the Town. B. The Town will also consider and retain the ability and power to create its own maintenance and service and billing department, including the equipment~ materials, and supplies required for that department, in order to provide service and maintenance to the Town of Southold Municipal Electric Utility if the Town deems it to be in its best interests to do so. 2,~- Electrical SuPPlY. A. The Town of Southold Municipal Electric Utility will obtain its supply of electricity either by contracting with a utility Or supplier, or by generating its own electricity, or a combination thereof. 3.0. Mandatory Referendum. This Local Law shall be subject to approval by a mandatory referendum of the residents of the Town of Southold, to be conducted at an Election or Special Election pursuant to and as set forth in Section 360 of the General Municipal Law of the State of New York, the Election Law and Town Law of the State of New York. The Town of Southold Municipal Electric Utility shall be effective and granted the full powers entitled to it by law on the date of the approval by a simple majority of the referendum, and the filing of the Local Law with the Secretary of State of New York. Page 62 Copyright 1998, Power'Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Dated: ,1998 Town of Southold Suffolk County, New York Page 63 Copyright 1998, Power Alternatives, Ino. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility TO~N OF SOUTHOLD NOT~CE OF ~UBLIC HE~RIN~ ~ TO LOCAL L~W Please take notice that the Town Board of the Town of Southold will conduct a public hearing on the day of 1998, at p.m. for the purpose receiving comment and considering for voting Local Law No. of 1998, which is entitled as follows: Local Law No. of 1998, of the Town of Southold, a Local Law Establishing the-~own of Southold Municipal Electric Utility, Pursuant to Section 360 of the General Municipal Law of the State of New York. The purpose and a summary of Local Law No.__ of 1998, is to establish a Municipal ElectricUtility pursuant to Section 360 of the General Municipal Law for the Town of Southold. PLEASE TAKE FURTHER NOTICE that the public hearing will be conducted at the Town Hall of the Town of Southold, located at Southold, New York, and will commence at p.m., on 1998, at which time any public comment regarding the proposed Local Law No. of 1998 will be heard, and at the close of such public comments and discussion by the Town Board, the Town Board shall conduct a vote on this local law. Dated: Town of Southold Suffolk County, New York Page 64 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Ino. Report to the Town of Southold Formation of a Municipal Electric Utility PROPOSITION SHALL the Local Law No. , of 1998, of the Town of Southold, New York, adopted , 1998, by the Town Board of the Town of Southold, which provides for the formation of the Town of Southold Municipal Electric Utility for the Town of Southold, and stating that the maximum cost of the acquisition, construction and creation of the infrastructure thereof is · appropriating said amount therefor, and authorizing the issuance of municipal utility bonds of said Town to finance the balance of said appropriation, which appropriation the Town of Southold agrees shall only be after further public hearings by the Town of Southold with respect thereto "BE APPROVED?" Page 65 Copyright 1998, Power Alternatives, Inc. SOUTHOLD MUNICIPAL ELECTRICAL UTILITY Southold Utility Board I:~alrman & 4 Membe~ Superintendent of Utilities Treasurer 1997, ,NI ,~9,'~, reserved, Power Altematlves, Inc. ' Clerk Typist Line Foreman (4)I Exhibit Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Exhibit E (March 31, 1998) ~outhold ~uniciDal Electric Utility ~ost of Acquisition and Start-Up Acquisition of Necessary Existing Electric Facilities Stranded Allowance Meters & Metering System Separation and Isolation and Maintenance of Continuity Start-Up Expenses Working Capital Legal & Engineering Reserve of One Year~s Debt Service Bond Discount Total Estimated Costs $ 28,300,000 7,000,000 500,000 2v300,000 2,000,000 2,000,000 700,000 3,800,000 500,000 $ 47,100,000 We have calculated that the Town of Southold would be able to obtain financing by issuing forty-seven million one hundred thousand dollars ($47,100,000) in bonds at seven percent (7%) over thirty (30) years. This debt service of the bonds is to be paid from the revenues of the municipal electric utility, and a portion of the per kilowatt rate for electricity charged to the customers of the utility, and will not affect either the general budget or the real property taxes of the Town of Southold. Page 67 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility ~QUTHOLD MUNICIPAL ELECTRIC UTILITY 1998 ODeratina Budaet Revenue 110,697,557 KWHR @ $.108/KWHR ExPenses Salaries and Wages (see organization chart) Contract Services Consulting Services - Power Alternatives (50% of Villages Facility Savings) Legal Services (not including condemnation which is in debt amortization) Financial Services Employee Benefits Purchased Power 110,697,557 KWHM @ $ .035/KWHR Material & Supplies Real Estate Taxes Start-Up (in debt amortization) Debt Service (see purchase & operational start-up) Postage Phone Consumer Refunds Insurance Contribution to Depreciation (sinking fund) Miscellaneous Expense Contingency Totals $ 12,019,395 $ 1,800,000 60,000 75,000 100,000 40,000 600,000 3,874,395 200,000 500,000 3,800,000 15,000 15,000 20,000 300,000 300,000 100,000 220,000 $ 12,019,395 Page 68 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Acct. No. Description Exhibit G TOWN OF SOUTHOLD SUMMARY OF COSTS FOR DISTRIBUTION December 31, 1995 Original Trended Cost Cost Depreciated Trended Cost (Lilco and the New York State office of Real Property Services in Albany, on the request of Lilco, have refused to release this information as of the date of this report) Page 69 Copyright 1998, Power Alternatives, Inc. SOUND Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Draft Date= To= SOUTHO~ ~4UNICIPAL ELECTRIC UTILITY All Interested Parties The southold Municipal Electric Utility is interested in receiving your response to its enclosed request for proposals to supply up to 45 MW of electric power and energy. We would appreciate receiving your response to our request by To answer your questions, we have scheduled a pre-hid conference for Very truly yours, Chairman Southold Municipal Electric Utility Page 71 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Exhibit I SOUTHOLD MUNICIPAL~LECTRIC UTILITY Competitive Procurement Requests for Proposals to Supply Power Back,round The Southold Municipal Electric Utility ("SMEU") is a municipal power agency created by the Town of Southold in 1998, Local Law No. (codified at Southold Town Code, Sect.) and authorized to purchase electrical energy from the State, or from any state agency; or other municipal corporation or from any private or public corporation. New York General Municipal Law Sect 360(2). By virtue of its sales described below SMEU constitutes an "electric utility" within the meaning of 16 U.S.C. Sect. 796(22) and is entitled to apply to the Federal Energy Regulatory Commission for a transmission order (Sect. 211 Order) under 16 U.S.C. Sect 824(j). There is no agreement, either written or implied, with the Long Island Lighting Company (LILCO) that LILCO should be the sole source supply of power to SMEU nor is LILCO to limit its deliverance of power to any one supplier. SMEU plans to provide electric energy to its residential, commercial/industrial customers as well as its own electric requirements up to a total of 72MW. The purpose of this RFP is to solicit competitive offers for power to sell to its customers. Page 72 Copyright 1998, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility Offers to supply this, and no other, amount will only be considered. Pre-bid Conference A pre-bid conference will be held on Desired Power Specifications Quantity: Up to 45 MW of capacity and associated energy at 80% load factor, and 60% during winter months. Firmness: This service must be available every hour of every day during the term of the contract and must be as firm as the power sold to the generating utility suppliers native load. Delivery Point: Point of interconnection with LILCO substation. Meter on the low voltage side into Town distribution line(s). Term: Service will commence on subject to SMEU's conclusion of satisfactory transmission arrangements as described below. SMEU will consider proposals with a term of at least ten (10) years but fifteen (15) years or more is preferred. Pricing: Fixed demand charge is desired. Fixed energy charge is preferred, but SMEU will consider variable energy pricing with price caps. Offers must clearly explain the pricing of capacity and energy. Source: The sources of generation must be identified. Ail sources of generation regardless of whether offerer owned or purchased power will be considered. Ancillary Services: None Page 73 Copyright 1998, Power Alternatives~ Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility FUTURE SMEU REQUIREMENTS Although SMEU here requests proposals to supply the capacity and associated energy described above, circumstances may arise whereby a larger role for SMEU supplier(s) may become necessary or appropriate, up to and including resources to 30 MW serve the full requirementsof all end-users located in the Town of Southold. Offers should include information regarding the offerer's ability to supply SMEU with sufficient power to serve all of the Town's load, which is now approximately 72 MW. TRANSMISSION ARRANGEMENTS As indicated above, capacity and energy must be delivered on a firm basis to one or more points of interconnection with LILCO's transmission system. The supplier shall be responsible for arranging all transmission and other related services (e.g., reserves) to that point. SMEU will be responsible for downstream delivery arrangements and, if necessary, intends to apply for a 211 Order to obtain the necessary services from LILCO. OTHER INFORMATION Supplemental Infold%ion. SMEU reserves the right to request additional information from individual offerers or to request all offerers to submit supplemental materials. 2. Costs. This RFP does not commit SMEU to pay any costs incurred in connection with any proposal. ® Performance Assurances. Offerers must provide information sufficient to demonstrate the ability to financially and operationally perform the services requested in this RFP. Re4ections of Offers. SMEU reserves the right to accept any offer(s), or to reject any and all offers. SMEU also reserves the right to accept offers other than the lowest cost offer. Notice of Receipt of RFP - Intent to Respond. SMEU requests but does not require that recipients of this RFP who intend to submit offers complete the form attached as Attachment A and return copies by to at the address supplied below. 6. ~. Pursuant to Town Local Law , criminal Page 74 Copyright 199'8, Power Alternatives, Inc. Power Alternatives, Inc. Report to the Town of Southold Formation of a Municipal Electric Utility convictions rendered against any offerer in the three years preceding the submission of a proposal must be submitted with such proposal. Further, any individual possessing a record of felony criminal conviction(s) within three years prior to submitting a proposal involving the offense(s) of extortion, coercion, bribery, theft, violence specifically relating to business, labor or commerce, sabotage, collusive bidding/bid- rigging, combination in restraint of trade, conspiracy and/or attempts of any of these offenses or any corporation convicted of any of the above offenses within the three year period shall be deemed a non-responsible offerer and shall be disqualified from submitting an offer in response to this RFP. Any contract awarded to an offerer who has failed to disclose such prior record of criminal conviction(s) may be cancelled by SMEU. BASIS OF AWARD Proposals will be judged on the offerer's ability to meet SMEU's need for economical and reliable power. The principle criteria in evaluating proposals will include: total delivered cost of power and energy over the contract term, length of contract term, reliability of proposed power supply, and financial and operational viability of power supplier. SMEU reserves the right to consider other factors that may be relevant to its power supply needs. SUBMISSION OF OFFERS Offers must be submitted by mail, hand-delivery, or courier, addressed as follows: Offers must be enclosed in an envelope marked: "Confidential, Response to SMEU RFP. Deliver to Addressee Unopened." The deadline for submission of offers is 5:00 p.m., Submittals by facsimile or other electronic means are NOT acceptable. COPIES Two copies of each offer should also be concurrently sent to: Power Alternatives, Inc. 175 Route 25A East Setauket, NY 11733 Page 75 Copyright 1998, Power Alternatives, Inc.