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18-B CAPP Board - Price Lock for 2007 Lloyd " Gosselink UUlIl A T TOR N E Y SAT LAW 816 Congress Avenue, Suite 1900 Austin, Texas 7870 I Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawfirm.com Mr. Gay's Direct Line: (512) 322-5875 Email: ggay@lglawfim1.com MEMORANDUM TO: CAPP Board & Members FROM: Geoffrey M. Gay DATE: September 19, 2006 RE: Price Lock for 2007 The CAPP Board decided during a conference call last Thursday to lock-in energy prices for six quarters commencing January 1, 2007. The blended energy price for the 12 months of . 2007 will be $0.08132/kWh, inclusive of the DEBs' administrative fee of $0.00205/kWh. This is better than previously projected prices, and Bill Starnes will send a memo in a few days that will discuss the favorable impact on City budgets. The gas prices for the first two quarters of 2008 were locked down. The electric energy price would be slightly higher than the above-referenced 2007 price, but less than the average . price experienced during 2006. However, it is too early to calculate the price that will be experienced during 2008. It is expected that some' time during the next 12 months, CAPP will be able to capture a further decline in the gas futures market for the second half of2008. Hope you find this to be great news. 11.85 :SJ1i g, of ~.J ~ 7. ? 5 5 ~fT 1813\OO\mmo060919 _ _ . I_____~ ro""~,,I;nl, Dlc",;nc Rnr'hpllP R, T()wn~p,nd. pc. ,.. Lloyd A A T Q?N~~~l!r:~ 816 Congress Avenue, Suite 1900 Austin, Texas 7870 I Telephone: (512) 322-5800 Facsimile: (512) 472-0532 www.lglawflrm.com Ms. Doyle's Direct Line: (512) 322-5820 Email: kdoyle@lglawfirm.com MEMORANDUM TO: CAPP Members FROM: Geoffrey Gay Kristen Doyle DATE: September 27, 2006 RE: Price Lock for 2007 Last week, energy prices for the CAPP 2007 - 2008 power supply contract were locked- in for six quarters commencing January 1,2007. The blended energy price for the 12 months of 2007 will be $0.08132/kWh, which includes the DEBS Retail Provider administrative fee. This figure does not include the CAPP aggregation fee (currently $O.0013/kWh but not as yet set by the Board for 2007) or non-bypassable transmission and distribution provider fees. The 2007 price is better than was previously anticipated, leading to a greater budget savings than projected earlier this year. For forecasting purposes, savings off of calendar year 2006 electric service bills (including non-bypassables) will average approximately 12.5 percent. The process for formalizing the contract through the Commercial Electricity Service Agreement (CESA) is explained below. Commercial Electric Service Agreement The CESA is the contract for retail electric service between an individual member and DEBS. Based on the authority already extended by each CAPP member through resolutions passed earlier this summer, CAPP Chairman Jay Doegey will execute individual amendments to the existing CESAs for all CAPP members as soon as they are prepared, probably later today or tomorrow. Within the next two weeks, every member will receive a copy of the amendment of their CESA extending retail service for 2007 - 2008 signed by Jay. Attached to the CESA will be a current list of ESI-ID accounts which will be billed by DEBS starting with January meter reads (along with any new account additions less than 1000 kw between now and the end ofthe year). Each member should verify the ESI-ID account list and send corrections to the appropriate DEBS account representative. Please note that Section 7 of the CESA adds language to the existing Customer's Representations and Warranties section which requires confirmation that your political 1813\00\2007powerresolutions\mmo060927 Lloyd Gosselink Blevins Rochelle & Townsend, Pc. Page 2 September 27,2006 subdivision has complied with Section 2162, Texas Government Code and all applicable contracts awarded by the Council on Competitive Government regarding the bidding or awarding of this Agreement. Section 2162 of the Texas Government Code requires state agencies (with the exception of institutions of higher education and state university systems) to procure energy through contracts awarded by the Council of Competitive Government (CCG). The CCG has awarded LPB Energy Consulting (LPB) an exclusive contract to procure energy for state agencies through 2010. While state agencies are required to procure energy through the LPB contract, Section 2162 permits local governments to voluntarily elect to participate in the LPB contract. It is extremely unlikely that any CAPP member has voluntarily elected to procure power through the CCG and LPB. However, legal counsel for DEBS seeks this affirmative warranty from all local governments with whom it contracts because LPB has informed DEBS that LPB will move to dissolve any energy contract entered into by local governments that have opted into the CCG process. We have agreed to accommodate DEBS' concern. If your political subdivision has agreed to procure energy through the CCG, please inform our office immediately. 2008 Prices While the gas prices for the first two quarters of 2008 were locked down last week, it is too early to calculate the price that will be experienced during 2008. The electric energy price for the first two quarters of 2008 will be slightly higher than the above-referenced 2007 price, but less than the average price experienced during 2006. It is expected that some time during the next 12 months, CAPP will be able to capture a further decline in the gas futures market for the second half of 2008, which will lower the overall 2008 electric contract costs. Lloyd Gosselink Blevins Rochelle & Townsend, Pc. r' ~