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sr-062210-1jCity Council Meeting: June 22, 2010_ Agenda Item: ~'-'J To: Mayor and City Council From: Dean Kubani, Director Office of Sustainability and the Environment Subject: Modification of Commerce Energy Agreement for the Purchase of Renewable Electricity for City Electric Accounts Recommended Action Staff recommends that the City Council authorize the City Manager to negotiate and execute a modification to: 1. Contract 8604 (CCS) with Commerce Energy for the purchase of renewable electricity for City facilities to extend the term through September 30, 2010; and 2. negotiate and execute a one year agreement with Commerce Energy for the electric accounts transferred to direct access under SB 695. Executive Summary On July 28, 2009, the City renewed its contract with Commerce Energy for 100% renewable energy for all City electrical accounts at a fixed price of $0.07275 per kilowatt hour through June 30, 2010. The three month extension through September 30, 201.0 will allow sufficient time to complete a solicitation process and execute a new contract for renewable electricity. The fixed price for the three month extension is $0.07085 per kilowatt hour. The enactment of SB 695 reopened the retail electricity direct access market for nonresidential customers for the first time since direct access was stopped in 2001. On April 16, 2010, the direct access market was reopened and City electrical accounts established since 2001 were transferred to Commerce Energy effective June 1, 2010. Commerce will provide 100% renewable energy for these accounts for a one year period at a fixed price of $0.07165 per kilowatt hour. The change to this new rate will result in savings to the City of approximately $14,000 over the course of the three month extension period. ®iscussion The City has purchased renewable energy for its electrical accounts since 2001 as a direct access customer. The current contract with Commerce Energy for the purchase of renewable electricity ends June 30, 2010. Staff and an energy consultant are in the 1 midst of a solicitation process to identify potential renewable energy service providers available in the current direct access market. The three month extension through September 30, 2010 will provide sufficient time to complete the contract negotiation and execution process. Staff will return to Council for approval of the new contract in July. On October 11, 2009, SB 695 was signed into law allowing a partial re-opening of the direct access market. The bill represents a compromise between utilities, consumer groups and business interests by offering the potential for industrial and commercial customers to lock in favorable electricity rates from non-utility suppliers. The City has been purchasing renewable energy certificates for the electrical accounts opened since 2001 when the direct access market was stopped under the Commerce Energy contract. On April 16, 2010, the direct access market briefly reopened and Commerce Energy successfully transferred the remaining 120 accounts. Commerce Energy will provide 100% renewable energy for these accounts effective June 1, 2010 through May 31, 2011 at a fixed price of $0.07165 per kilowatt hour. At that time, these accounts will be phased into the contract with the energy service provider currently being selected through a solicitation process. Financial Impacts & Budget Actions Funds for the purchase of electricity during FY 09-10 and FY 10-11 are available in various departmental accounts. Prepared by: Susan Munves, Energy and Green Building Programs Administrator Approved: ~y ~ ; Dean Kubani Director, Office of Sustainability and the Environment Forwarded to Council: _~--~ Rod Gould City Manager 2 Reference Contract No. 9231 (CCS) & Amended Contract No. 8604 (CCS).