HomeMy WebLinkAboutORD 2024-46 - Large-Load Commercial Industrial ServiceORDINANCE NO. ZDZ 4 — 9 (o
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, AMENDING SECTION
13.04.230 OF THE CODE OF ORDINANCES RELATING TO
DEPOSITS, AMENDING SECTION 13.04.045 RELATING
TO LARGE COMMERCIAL AND INDUSTRIAL SERVICE,
AND ADDING SEC.13.04.046 RELATING TO VERY LARGE
COMMERCIAL AND INDUSTRIAL CUSTOMERS;
REPEALING CONFLICTING ORDINANCES AND
RESOLUTIONS; INCLUDING A SEVERABILITY CLAUSE;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Georgetown has seen a recent rise in the number of large -load
commercial and industrial electric customers; and
WHEREAS, these large -load customers place a heavy demand on the electric utility, and
therefore pose significant risks to the City; and
WHEREAS, the City Council finds it to be in the best interest of the public to establish
regulations for large commercial and industrial customers, as set out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. Section 13.04.045 of the Code of Ordinances is hereby amended as shown in
Exhibit A.
Section 4. Section 13.04.046 of the Code of Ordinances is hereby added as shown in
Exhibit B.
Section 5. Section 13.04.230 of the Code of Ordinances is hereby amended as shown in
Exhibit C.
Section 6. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Ordinance No.: 2,0 Z 4 �tj
Description: Large-I.oad Commercial and Industrial Service
Date Approved: 01 f col uzq
3743591.v2
Section 7. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 8. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect immediately in
accordance with the provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the -of Of
12024.
PASSED AND APPROVED on Second Reading on the Jit- of2024.
CITY OF GFORGJETOWN, TEXAS
Josh
ATTEST:
Robyn nsmore, City Secretary
APPROVED AS TO FORM:
Skye(94assok City Attorney
2
Ordinance No.: 26Zq - 4(&
Description: Large -Load Commercial and Industrial Service
Date Approved: 60l 110 (Z,b Z Lq
3743591.v2
EXHIBIT A
Sec. 13.04.045. Large Commercial & Industrial (C&I) Service.
A. Availability. Applicable to large commercial and industrial customers whose Installed
Capacity is 2,000 kW or greater but less than 10,000 kW and whose uses are not covered
by another specific rate schedule. Service rendered under this rate is subject to the City's
Rules and Regulations. "Installed Capacity" means the maximum allowed distribution
infrastructure capacity designed, installed, and allocated for a customer based on their
specified load requirements, including peak demand and energy needs. This capacity
ensures sufficient distribution infrastructure to meet peak demand under normal operating
conditions.
B. Monthly Rate.
1. Customer Charge: $510.00 per month
2. Energy Charge: $0.05317 per kWh
3. Demand Charge: $19.25 per kW per month but not less than $38,500.00 per
month.
4. Minimum Bill: $39,010.00 per month
C. Power Cost Adjustment. The power cost adjustment charge under the above rate schedule
shall be increased or decreased to reflect the application of a power cost adjustment per
kWh of energy used, calculated in accordance with Section 13.04.075.
D. Transmission Delivery Cost Adjustment. The transmission delivery cost adjustment
charge under this rate schedule shall be increased or decreased to reflect the application
of a transmission delivery cost adjustment per kWh of energy used, calculated in
accordance with Section 13.04.080.
E. Minimum Bill. The Minimum Bill for Large Commercial and Industrial service shall
consist of the Customer Charge plus the minimum Demand Charge.
F. Minimum Demand. The Minimum Demand for the Large Commercial and Industrial
class is 2000 kW.
G. Power Factor. Should the power factor be lower than 0.95 lagging, the City may adjust
the Billed Demand (kW) by the ratio of target power factor in the numerator (0.95)
divided by the actual power factor in the denominator (less than 0.95). If the power
factor ratio is greater than a value of 1.0, it will be multiplied by the billing cycle Billed
Demand applicable to the customer.
H. Primaa Voltage Discount.
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1. Applicability. Applicable to large commercial and industrial customers taking
service at primary distribution voltage ("Primary Voltage Customers").
2. Monthly Demand Discount Rate: Primary Voltage Customers demand rate will be
reduced (credited) by $2.11/kW.
3. Minimum Bill. The Minimum Bill for Primary Voltage Customers will be based
on the Minimum Bill for their applicable customer class, as described herein. To
the extent that the Minimum Bill includes the Demand Charge, calculation of the
Demand Charge will reflect the applicable Monthly Demand Discount Rate.
4. Primary Voltage Discount - Update. The primary voltage discount will be
reviewed and may be adjusted on an annual or less frequent basis as determined
by the City.
I. Sales Taxes. Sales taxes, where applicable, will be charged to the consumer in addition to
the above rates.
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Description: Large -Load Commercial and Industrial Service
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EXHIBIT B
Sec. 13.04.046. Very Large Commercial & Industrial (C&I) Service.
A. Availability. Applicable to very large commercial and industrial customers whose
Installed Capacity is greater than 10 MW, or such greater amount as authorized by the
City's General Manager of Electric Utilities ("General Manager"). Service rendered
under this rate is subject to the City's Rules and Regulations, provided that Section
13.04.230 shall not apply. All customers eligible for this rate schedule must also enter
into an electric service agreement with the City. "Installed Capacity" means the
maximum allowed distribution infrastructure capacity designed, installed, and allocated
for a customer based on their specified load requirements, including peak demand and
energy needs. This capacity ensures sufficient distribution infrastructure to meet peak
demand under normal operating conditions.
B. Binding Energy Forecast for Peak Months
Binding Forecast Obligations, Variance, and Hedging:
1. The customer shall provide a binding energy forecast for peak months of June, July,
August ("Summer Peak Months"), and December, January, and February ("Winter
Peak Months"), which shall be referred to collectively as "Peak Months" and any
month individually as "Peak Month". Each of these binding energy forecasts for
Peak Months shall be referred to as a "Binding Energy Forecast". No binding en-
ergy forecasts are required for non -peak months. This Binding Energy Forecast is
a projection of the customer's future energy consumption and shall be an hourly
energy profile for each month.
2. The Binding Energy Forecast for the Summer Peak Months shall be delivered to
the City no later than February 28th of each year.
3. The Binding Energy Forecast for the Winter Peak Months shall be delivered to the
City no later than August 31 s` of each year.
4. Unless otherwise agreed to in the electric service agreement, the customer is per-
mitted a variance of three percent (3%) in either direction from the Binding Energy
Forecast ("Forecast Margin") without triggering the provisions of Subsection (D)
of this Rate Schedule.
5. The City will conduct energy hedging activities based on the Binding Energy Fore-
casts provided by the customer.
6. The energy hedged by the City for a given Peak Month becomes financially bind-
ing. The customer is responsible for all revenue obligations associated with the
Binding Energy Forecast, including any amounts exceeding the forecasted levels,
as determined by this Rate Schedule.
7. The City and the customer may agree upon a forecast adjustment process in the
electric service agreement.
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Description: Large -Load Commercial and Industrial Service
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C. Failure to Submit Binding EneW Forecast: Any customer who fails to submit a Binding
Energy Forecast when due shall be subject to interruption or termination of electric service,
and any other remedies available to City under its Rules and Regulations. In addition, the
City shall have the right to forecast customer's projected energy load for the Binding
Energy Forecast term, subject to other provisions in this Section 13.04.046.
D. Binding, Energy Forecast vs Actual Energy Usage: In the event customer's actual average
energy usage for any operating day falls below the Binding Energy Forecast submitted to
the City by more than the Forecast Margin, customer will be liable to the City for all costs
associated with the difference between the customer's Binding Energy Forecast that is
below the Forecast Margin and customer's actual energy usage for the operating day. If
customer's actual energy usage exceeds the Forecast Margin on any operating day,
customer will be liable to the City for all costs incurred by the City related to providing
electric service to customer. For the avoidance of doubt, customer shall be charged the rate
provided for in this Section 13.04.046, as well as costs for power from other sources,
including the ERCOT markets to meet customer's energy usage, any and all related
ERCOT fees, settlement costs, sub-QSE fees, ERCOT load ratio share charges, ERCOT
administration fees, Electric Reliability Organization fees, ERCOT uplifts to Load,
ERCOT miscellaneous invoices, (collectively, "ERCOT Settlement Amounts") and any
other assessments, fees and costs incurred by the City, and any incremental administrative
costs in the procurement of additional energy required for customer pursuant to this
subsection (D).
E. Invoices. Any invoice related to subsection (D) hereof is due and payable immediately
upon receipt and considered late if not paid within 7 days after receipt. The City can
immediately apply any cash Prepayment Amount (defined below) or draw on any letter of
credit provided by customer for any late or unpaid amounts owed to the City by the
customer, or take any other action provided for under the City's Rules and Regulations.
F. Prepayment Amount. Prior to activation of electric service, customer shall provide to the
City a minimum cash prepayment amount ("Prepayment Amount") equal to the projected
revenues to the City based on the highest three months of the customer's Binding Energy
Forecast or such additional period of time as the City may require ("Prepayment Term").
The City shall apply the Prepayment Amount monthly to customer's invoice for electric
service, and customer shall pay any amounts owed to City in addition to the Prepayment
Amount and replenish the Prepayment Amount each month equal to the amount of the then -
current Prepayment Amount for the then -current Prepayment Term. The City reserves the
right to require additional amounts above the Prepayment Amount based on the
creditworthiness of the customer, energy market volatility, previous payment defaults, or
business history of the customer, each as determined by the City in its sole discretion. Any
Prepayment Amounts under this Section 13.04.046 (Very Large Commercial & Industrial
Service) shall not bear interest and shall be applied to each invoice and replenished by
customer in accordance with this subsection (F).
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G. Credit Support. customer shall also provide additional credit support in the form of an
unconditional irrevocable letter of credit in an amount equal to or greater than 3 months of
the projected revenues to City based on the highest three months of customer's Binding
Energy Forecast. The letter of credit shall comply with Texas Business and Commerce
Code §5.106 issued by a bank or financial institution with a minimal credit rating of A -
from either S&P or Fitch, or a minimal rating of A3 from Moody, and that has a physical
location or address in the United States in which the letter of credit can be drawn, and that
is otherwise acceptable to the City in its sole discretion. The City reserves the right in its
sole discretion to require an increase in the amount for the letter of credit, including but not
limited to an increase based on market volatility, creditworthiness of the customer, previous
payment defaults, or business history of the customer.
H. Letter of Credit. Any letter of credit must: (1) be made payable to the City; (2) require at
least 60 days written notice to the City upon non -renewal or termination of the letter of
credit; and (3) allow for immediate draw by the City for the non-payment of any invoice
by the due date or any other payment default by customer. In the event the City applies all
or part of the letter of credit related to any late payment or non-payment by customer, or
any other payment default by the customer, the City may immediately request additional
performance assurance from customer in order for the continuance of electric service by
the City.
I. Equipment. customers under this Rate Ordinance shall also be responsible for the costs of
any and all additional equipment the General Manager determines is needed, including but
not limited to advanced metering equipment, to manage the customer's energy load and
usage to ensure reliable energy service to all customers of the City.
J. Curtailment Events. customer understands and agrees that it has no guarantee of an
uninterrupted supply of power. City shall have the right to curtail or interrupt delivery of
energy to customer (i) in response to curtailment instructions from ERCOT as a result of
imminent system reliability need; (ii) during periods of Force Majeure (defined herein);
(iii) during unplanned outages, including failure of transmission or distribution facilities or
other equipment, partial or complete forced outage, breakage of or damage to machinery
or equipment, or (iv) during planned outages as agreed by City and customer ("Curtailment
Event"). "Force Majeure" means an event or circumstance which (i) prevents a party from
performing its obligations under this Rate Ordinance, (ii) which event or circumstance is
beyond the reasonable control of such party, (iii) was not reasonably foreseeable by such
party, or if reasonably foreseeable could not have been overcome with the exercise of due
diligence, (iv) is not the result of such Party's negligence or fault, and (v) which by the
exercise of due diligence, such Parry is unable to overcome or avoid or cause to be avoided.
If customer is notified of a Curtailment Event and fails to comply with the Curtailment
Event directives received from City, customer shall be liable to City for any uplift charges,
securitization charges, penalties, fines or any other ERCOT charges related to a
Curtailment Event imposed on City (directly or indirectly) as a result of customer's failure
to comply with the Curtailment Event notice, which is in addition to any and all costs and
fees for the provision of electric service during the Curtailment Event under this Rate
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Description: Large -Load Commercial and Industrial Service
Date Approved:
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Ordinance and the ERCOT Settlement amounts, and City shall have the right, but not the
obligation, to disconnect the electricity supply to customer to force compliance with the
Curtailment Event directives, subject to any shutdown requirements designed to protect the
customer Facilities or the ERCOT grid. Subject to the aforementioned notice and shutdown
requirements, City shall have no liability for exercising such right, nor shall customer be
excused from any damages that may arise in the case that City fails to do so. For purposes
of clarity, all customers served by City are subject to Curtailment Events.
K. Large Load Account Set -Up Fee. Prior to the commencement of service, customer shall
pay a non-refundable account set-up fee in the amount of $25,645, which may be updated
from time to time by the City, for installation of ERCOT EPS meter(s) and any other
initiation, installation, or other fees levied by ERCOT or otherwise incurred by the City as
a result of providing energy service to the customer.
L. Monthly Rate.
1. Customer Charge: $5,500 per month
2. Energy Charge: $0.05317 per kWh
3. Demand Charge: $19.25 per kW per month
M. Power Cost Adjustment. The power cost adjustment charge under the above rate schedule
shall be increased or decreased to reflect the application of a power cost adjustment per
kWh of energy used, calculated in accordance with Section 13.04.075.
N. Transmission Delivery Cost Adjustment. The transmission delivery cost adjustment charge
under this rate schedule shall be increased or decreased to reflect the application of a
transmission delivery cost adjustment per kWh of energy used, calculated in accordance
with Section 13.04.080.
O. Minimum Demand. The Minimum Demand shall be 80% of the Installed Capacity, or as
otherwise provided in the contract between customer and City.
P. Power Factor. Should the power factor be lower than 0.95 lagging, the City may adjust the
Billed Demand(kW) by the ratio of target power factor in the numerator (0.95) divided by
the actual power factor in the denominator (less than 0.95). If the power factor ratio is
greater than a value of 1.0, it will be multiplied by the billing cycle Billed Demand
applicable to the customer.
Q. Primaa Voltage Discount:
Applicability. Applicable to large commercial and industrial customers taking
service at primary distribution voltage ("Primary Voltage Customers").
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Description: Large -Load Commercial and Industrial Service
Date Approved:
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2. Monthly Demand Discount Rate. Primary Voltage Customers demand rate will be
reduced (credited) by $2.11/kW.
R. Minimum Bill. The monthly minimum bill amount related to any Customer whose load
capacity is greater than 10 MW (or such greater amount as authorized by the General
Manager) shall be an amount equal to the sum of the customer Charge and the Energy
Charge based on the Binding Energy Forecast and the Minimum Demand.
S. Sales Taxes. Sales taxes, where applicable, will be charged to customer in addition to the
above rates.
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Description: Large -Load Commercial and Industrial Service
Date Approved:
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EXHIBIT C
Sec. 13.04.230. - Deposits.
A. Residential. A $150.00 deposit is required on each dwelling unit unless otherwise
specified by this Section or unless the customer can provide an original letter of credit
from another utility company for the most recent 12-month period preceding the
connect date that has no late payments or insufficient checks; or if the customer elects
to pay their utility bill via automatic draft from their credit or debit card or bank
account for the following 12-month period.
B. Nonresidential. Unless otherwise specified by this Section, or by the City Council,
nonresidential establishments must post a utility deposit equal to at least twice the
average monthly bill of that establishment or a similar establishment of its kind. The
minimum nonresidential deposit is $150.00. The deposit may be waived with a letter of
credit or surety bond from a financial institution for the amount of the deposit for a 12-
month period following service initiation. The deposit may also be waived with a letter
of credit from another utility company for the most recent 36-month period preceding
the connect date that shows no late payments or insufficient checks. The business
represented in the letter of credit must have the same owner and be of a similar size and
usage, as determined by the City, as the business requesting services. The deposit may
be waived if the customer elects to pay their utility bill via automatic draft from their
credit or debit card or bank account for the following 12-month period.
C. Very Large Commercial & Industrial Service. This Section 13.04.230 shall not
apply to Very Large Commercial & Industrial Service, as defined in Section 13.04.046.
D. Federal and State Political Subdivisions. Federal and State political subdivisions are
not required to post a utility deposit.
E. Satisfactory Payment History Deposit Refund. The required utility deposit shall be
refunded to a utility customer after one year of satisfactory payment history for utility
services. Satisfactory payment history is defined as a payment history that does not
include any Non -Sufficient Fund (NSF) payments or any charge of a ten percent
penalty for nonpayment by the due date, as provided in Subsection 13.04.190(B).
F. Satisfactory Payment History Deposit Waiver.
A utility deposit is not required from a former residential customer who
previously established a satisfactory payment history with the City during the
most recent one-year period during which the customer was a customer of the
City.
2. A current residential customer, who has a 12-month satisfactory payment
history, can apply for utility service at another residential location without
posting a deposit.
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Description: Large -Load Commercial and Industrial Service
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3. A current non-residential customer, who has a 36-month satisfactory payment
history, can apply for utility service at another non-residential location without
posting a deposit.
4. A deposit is not required of a current non-residential customer expanding an
existing business into a contiguous space having separate ureters, as long as that
business has maintained a satisfactory payment history for the 12 months prior
to the time of expansion; the name on the account is the same; and the account
cannot stand on its own, if the original account closed.
G. Deposit Required After Termination. A standard utility deposit is required of any
utility customer, regardless of payment history, if utility service has been discontinued
for nonpayment. Utility customers shall thereafter be entitled to a satisfactory payment
history deposit refund upon the completion of the required one-year satisfactory
payment history, as computed from the date of reconnect, in accordance with the
provisions of this Section.
H. Present customers having a lower than currently established deposit are not required to
increase their deposit amount to the currently established amount, even when
transferring the deposit to a new location. However, such customers establishing a new,
additional service or having service terminated due to nonpayment are required to make
the currently required deposit.
(Ord. No. 2012-40, § 2 (Exh. A))
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Ordinance No.:
Description: Large -Load Commercial and Industrial Service
Date Approved:
3743591.v2