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HomeMy WebLinkAbout2010 Minutes BWL PUBLIC NOTICE 2010 Board of Water and Light Commissioners Regular Board Meeting Schedule Regular meetings of the Board of Water and Light Commissioners of the City of Lansing, Michigan, are scheduled to be held at 5:30 p.m., at the Board of Water and Light Administrative Offices, Boardroom, 1232 Haco Drive, Lansing, Michigan on the following dates: 2010 Tuesday January 26 Tuesday March 23 Tuesday May 25 Tuesday July 27 Tuesday September 28 Tuesday November 23 In the event a special meeting or rescheduled meeting is held, a notice will be posted at the Customer Service Lobby, 1232 Haco Drive, Lansing, Michigan, at least 18 hours prior to the time of the meeting. Posted by order of the Board of Water and Light Commissioners in conformity with Act 267, PA 1976. BOARD OF WATER AND LIGHT M. Denise Griffin, Corporate Secretary (517) 702-6033 BOARD OF COMMISSIONERS REGULAR BOARD MEETING May 25, 2010 - 5:30 p.m. Haco Board Room i I � � � � � � ; . BOARD OF WATER AND LIGHT 1232 Haco Drive-Lansing,Michigan May 25,2010-5:30 p.m. BOARD MEETING AGENDA 1. Roll Call 2. Pledge of Allegiance 3. Approval of Minutes a. Regular Board Meeting of March 23,2010. 4. Public Comments Members of the public are welcome to speak to the Board on any agenda subject. Anyone wishing to comment on any matter not on the agenda may do so immediately prior to adjournment. 5. Presentation from Eric Schertzing,Ingham County Treasurer 6. Communications 7. Committee Reports a. Committee of the Whole Report(April 13,2010)—Sandra Zerkle, Chair b. Finance Committee Meeting Report(April 27, 2010)—Peter Kramer, Chair C. Committee of the Whole Report(May 11, 2010)—Frank Lain, Chair 8. Manager's Recommendations a. Approve Easement Discharge/Relocation with Phoenix Development Partners, LLC. b. Approve Easement Discharge/Exchange with Michigan State University Foundation C. Approve Fiscal Year 2011 Operating and Capital Budget d. Approve Adoption of Energy Risk Management Policy e. Adopt Amendment to Rules &Regulations for Electric, Water, Steam, and Chilled Water Utility Services, effective July 1,2010. 9. Unfinished Business 10. New Business 11. Resolutions 12. Manager's Remarks 13. Commissioners' Remarks 14. Motion of Excused Absence 15. Public Comments Members of the public are welcome to speak to the Board on any Board of Water and Light subject. 16. Adjournment i . I 1 i l Preliminary Minutes To be approved on 5-25-10 nommio.wod..nomw,.re,,,.. MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT March 23, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairperson Zerkle called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney (arrived at 5:41 p.m.), Tracy Thomas and Sandra Zerkle. Absent: Commissioner Marilyn Plummer The Corporate Secretary declared a quorum present. Commissioner DeLuca led the Pledge of Allegiance. SPECIAL PRESENTION Pennies for Power Fundraiser General Manager J. Peter Lark thanked Bob Perialas, Manager of Customer Service and Calvin Jones, Director of Public Relations, Diversity and Organizational Assessment for organizing the first"Pennies for Power" Beer, Wine & Cheese Tasting Fundraising event. He also thanked all of the sponsors who supported the event. General Manager Lark presented Ivan Love, Executive Director of Capital Area Community Services (CACS) with a fundraiser proceeds check in the amount of$7,600.00. Ivan Love stated that CACS has had an extremely beneficial relationship with the Board of Water& Light for many years and that the "Pennies for Power" initiative donates approximately $40,000 a year to the organization. Mr. Love said every penny donated through this initiative goes directly into paying utilities for low-income families who are not able to pay their bill. He thanked the Board of Commissioners, General Manager Lark and the Board of Water& Light for their support. APPROVAL OF MINUTES Motion by Commissioner Thomas seconded by Commissioner Bossenbery to approve the minutes of the Regular Board Meeting of January 26, 2010. Regular Board Mtg. March 23,2010 Page 2 of 7 Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. COMMUNICATIONS There were no communications. .................... COMMITTEE REPORTS EXECUTIVE COMMITTEE REPORT December 4, 2009 This Report was dissolved at the Regular Board Meeting of January 26, 2010. COMMITTEE OF THE WHOLE February 9, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, February 9, 2010. Chair Frank Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle, Absent: Commissioner Peter Kramer Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Zerkle, seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of November 11, 2009. Action: Carried unanimously. Regular Board Mtg. March 23,2010 Page 3 of 7 Plu -In Hybrid Infrastructur General Manager J. Peter Lark presented an overview on Plug-In Hybrid Vehicle Infrastructure and the Board of Water& Light's (BWL) electric vehicle community project. It is anticipated that General Motor's Volt, a new electric vehicle scheduled for production later this year, will be used in the project. The BWL is working to assess options to insure that there is adequate infrastructure in place to handle charging for these vehicles, both at home and in the community. BWL generating capability is expected to be able to handle the demand for these vehicles at this time. The BWL was awarded $750,000 for the project from the Federal Government through support from Representative Schauer and Senators Levin and Stabenow. George Stojic, Director of Planning and Strategic Development, stated that the BWL was among the utilities that are the leaders in this field. The BWL is in partnership with local communities including Delta Township, City of Lansing and Lansing Community College to advance the BWL's Electric Vehicle Project and would like to get Michigan State University involved as well. Kellee Christensen, Manager of Customer Projects & Development presented a PowerPoint presentation titled "LBWL Electric Vehicle Community Project", that covered major aspects of the project. The project team includes George Stojic, Angie Ethridge, Kellee Christensen, Ray Moore, Tim Rowden and Chad Taylor. A copy of the PowerPoint presentation presented is on file and available for viewing in the Office of the Corporate Secretary. Moores Park Study General Manager Lark presented an update to the Board regarding a study of the Moores Park Steam plant. The study is to assess the condition and needs of the four steam boilers at Moores Park. These units are at least 50 years old and are in need of maintenance and repair. In addition, new air emission regulations may require the Board of Water& Light (BWL) to invest in new environmental control equipment for the units. This study will estimate the cost of maintaining steam production for the four boilers and options for replacing the existing steam boilers. One option for replacing the existing coal boilers is to use natural gas to fuel a boiler or in a combined cycle natural gas electric generator, which can be used to produce steam for our central steam business, as well as electricity. This is important since the three smaller power-generating units at Eckert may have to be retired in 2018 to comply with new mercury requirements. In addition to the new mercury emissions requirements, there may be new Federal requirements in the near future to reduce carbon dioxide emissions and all of the language seems to suggest a 17% reduction in carbon dioxide George Stojic, Director of Planning and Strategic Development described the need to study the costs of maintaining the existing units at Moore's Park and options to replace the units Mr. Stojic stated that a consultant has been hired to study the options for using a co-generation facility at Moores Park based on combined cycle units. Natural gas is more expensive than coal, which we have relied on, but in a cogeneration configuration, natural gas costs would be allocated over a number of products and that makes it much more affordable. He said this study would compare what it would cost the BWL to go to the co-generation type of setting versus what it would cost to maintain that facility as it stands. Regular Board Mtg. March 23,2010 Page 4 of 7 Other None On motion by Commissioner Plummer, seconded by Commissioner Lain to excuse Commissioners Pete Kramer from today's meeting. Action: Carried unanimously. Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 6:38 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole FINANCE COMMITTEE March 9, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 5:00 p.m. on Tuesday, March 9, 2010. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Frank Lain and Dennis Louney(arrived at 5:10 p.m.) Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present were Board members Tony DeLuca and Marilyn Plummer. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Bossenbery, seconded by Commissioner Zerkle to approve the Finance Committee meeting minutes of December 1, 2009. Action: Carried unanimously. Defined Benefit and VEBA Quarterly Updates • 2nd Quarter 2009 Reports General Manager J. Peter Lark introduced First Vice President Marie Vanerian of Merrill Lynch Institutional Consulting Group who provided an update on the economy. Regular Board Mtg. March 23,2010 Page 5 of 7 Ms. Vanerian stated that she is optimistic about the GDP and expects it will be higher than the estimated 2.5% growth that the consensus is calling for and is also optimistic about the Market and believes it will have a good year. • LBWL DB 2nd Quarter 2009 Reports • LBWL VEBA 2nd Quarter 2009 Reports Michael Muirhead, Associate Financial Advisor for Merrill Lynch Institutional Consulting Group provided 2nd Quarter updates on the Defined Benefit (DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. The 2nd Quarter Reports are included in the packet and are available for viewing in the Office of the Corporate Secretary. Internal Control Update Kathy Krause, Senior Internal Control Analyst presented a PowerPoint presentation titled "Fraud Prevention & Detection". Ms. Krause also reviewed the Security Guideline for Electronic Funds (EFF), which designed to help ensure adequate control over electronic transfers. She also reviewed the control preventives that are in place for financial transactions at the Board of Water& Light. The PowerPoint presentation and list of Controls are on file and available for viewing in the Office of the Corporate Secretary. Budget Comparison Finance Chair Peter Kramer presented a budget summary for Responsibility Areas (RA's) 104 Corporate Secretary, 106 Internal Auditor and 108 Board of Commissioners. The Board of Commissioners reviewed the budget summary and after reviewing the proposed budget for fiscal year 2010-2011, there was a lengthy discussion regarding RA108 travel budget. A vote was taken regarding the dollar amount that adopted a budget of$18,000 for FY10-11. (Vote noted below) Motion by Commissioner Bossenbery to submit the Board of Commissioner's Travel dollar amount for FY 2010-2011 as $18,000. Action: Carried unanimously The Proposed budget for FY 2010-2011 will be submitted to the Administration as presented in the Finance Committee Packet. Succession Plan ningllnternal Auditor Update • Internal Audit Status Report • Audit Report, IT • Letter on Succession Planning Review Internal Auditor Phil Perkins presented an Internal Audit Status PowerPoint presentation Report that reviewed the following: 0 Current FY2010 Progress Regular Board Mtg. March 23,2010 Page 6 of 7 • Projected Plan for Remaining FY2010 • Planning/Risk Assessment for FY2011 • External Quality Review Internal Auditor Perkins also presented his final report of the performance audit of Information Security. The Internal Auditor Reports are included in the packet and are available for viewing in the Office of the Corporate Secretary. There being no further business, the meeting adjourned at 6:55 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. MANAGER'S REMARKS General Manager Lark spoke about the success of the First S,T.E.P, open house that was held on March 18, 2009 and he thanked Calvin Jones and Dallas Burdick, Manager of Diversity and Organizational Assessment and Training for their work on the First S.T.E.P program and the open house. He said all of the student participants were at the open house along with their parents and it was extremely delightful to speak with both the parents and the students. In the past the Board of Water& Light has hired some of the participants and hopes to financially be able to do the same this year, General Manager Lark stated that First S.T.E.P is a great program and thanked the Commissioners for their continued support. COMMISSIONERS' REMARKS Chair Zerkle said the students are very excited about First S.T.E.P and is proud of the Program. Commissioner Thomas thanked General Manager Lark and Calvin Jones for the opportunity to showcase students from Waverly Schools, including his daughters, at the Beer, Wine and Cheese Tasting fundraising event. He said it was a great opportunity for the students to help out and they really enjoyed themselves. PUBLIC COMMENTS There were no public comments. Regular Board Mtg. March 23, 2010 Page 7 of 7 EXCUSED ABSENCE On motion by Commissioner DeLuca, seconded by Commissioner Lain to excuse the absence of Commissioner Plummer from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner DeLuca, seconded by Commissioner Thomas the meeting adjourned at 5:45 p.m. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk March 30, 2010 i � � � . �i 11 it � , '� 1 f i 1 � l f ' l � i _� '� � j l COMMITTEE OF THE WHOLE April 13, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, April 13, 2010. Acting Chair Sandra Zerkle called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioner Frank Lain Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of February 9, 2010. Action: Carried unanimously. Easement Documents MSU Foundation Discharge Phoenix/Ottawa Discharge General Manager J. Peter Lark stated consistent with the Administrative Rules of the Board of Water & Light there should be no easement discharges without Board approval. General Manager Lark presented and reviewed the following three Easement Discharges in which the Board of Water & Light has received three new Easements in exchange. —The Easement granted by Michigan State University Foundation and recorded on October 6, 2009 in Book 3359, Page 1034. —The Easement granted by Phoenix Development Partners, LLC and recorded on October 9, 2009 in Book 3321, Page 1230; and —The Easement granted by Phoenix Development Partners, LLC and recorded on October 9, 2009 in Book 3321, Page 1231 General Manager Lark asks that the proposed easement discharge resolutions be forwarded to the full Board for consideration and approval. C.O.W.Meeting April 13,2010 Page 2 of 4 Motion by Commissioner Bossenbery, seconded by Commissioner Thomas, to forward the Phoenix/Ottawa and the MSU Foundation Discharge of Easements resolutions to the full Board for consideration at the next regular Board meeting. Action: Carried unanimously Community Update • MSU General Manager J. Peter Lark stated this Michigan State University update included information on the Brody Complex, the Facility for Rare Isotope Beams (FRIB), Plug-in Hybrids and Biomass. General Manager Lark spoke about the excellent working relationship between the Board of Water & Light and MSU. George Stjojic, Director of Development and Strategic Planning, stated that one of the things that General Manager Lark wanted him to do was to string new bridges with MSU. Mr. Lark has a lot of regional initiatives and the Board of Water & Light serves as a catalyst for regional initiatives and regional development. BRODY POWER-Mr. Stojic spoke about the request received from MSU two years ago for the Board of Water & Light to do a full power supply to Brody Hall. He stated that the Board has submitted two very competitive proposals and is still waiting on a response to the proposals. FRIB- Mr. Stojic spoke stating that MSU asked the Board of Water & Light to submit a proposal FRIB. He stated that there was a package put together for the FRIB and that there are many advantages to the Board of Water & Light receiving this bid especially since the Board of Water & Light is the only Michigan energy utility that is fully integrated in the sense that we have generation, transmission and distribution. HYBRID PLUG-IN- Mr. Stojic spoke stating that the Board of Water & Light has discussed with MSU the Plug-in Hybrid program and has received some very positive responses. There has been some dialogue regarding a Car Sharing program. MSU is working on bio-fuels and the BWL is working with MSU on a potential program using electric charging stations and electric hybrids. BIOMASS- Mr. Stojic said MSU believes that Biomass is a good option for them because of where they are located and they have a couple of small pulverized coal-fired units and they like to explore using those units to increase their renewable energy. The Board of Water & Light has been in communication with them about developing some biomass sources, specifically the Torrofied wood for biomass. 0 East Lansing Meridian Sewer Water Authority (ELMSWA) C.O.W.Meeting April 13,2010 Page 3 of 4 George Stojic spoke about the BWL's wholesale and retail water customers. He said the retail customers include Delhi Township, parts of Lansing Township, DeWitt, and Bath. The two large wholesale customers include East Lansing and Delta Township. The BWL is rapidly completing the new contract with East Lansing and Meridian Township and anticipates having those contracts ready in the next month. • Electric Car George Stojic stated that the BWL has been working with people in the community on the Electric Car program and is in the process of receiving formal letters of support, which are needed for the Department of Energy grants. The BWL expects to submit the application shortly so that we can move forward with the process. Restrictive Covenant at North Lansing Landfill George Stojic informed the Board that in the early 1990's the BWL entered into a consent decree with the Department of Environmental Quality, which resulted in the slurry wall being built. Since the slurry wall has been installed the decree has been renegotiated and the restrictive covenant covers just the area behind the slurry wall as well as a couple of monitoring wells and that has allowed the BWL to free up some area which is now available to the Drain Commissioner to develop a drain along the eastside of the slurry wall. Senior Citizens Late Fees General Manager Lark reviewed programs and incentives that are already in place at the BWL to assist seniors as well as others who need assistance with their utility bill. General Manager Lark stated that the Board of Water & Light collects $48,000 a year in late fees from Senior Citizens. Senior Citizens receive a 25% discount off the regular rate and they also have shut off protection as well as a levelized plan available to them. He added to waive the late fee would require a rate hearing. Commissioner Tracy Thomas stated that this was a very nice gesture on the part of Commissioner Frank Lain. After a discussion, Chair Zerkle asked Susan Devon, Assistant General Manager and Chief Financial Officer, to create a report containing information on how much it would entail to change the billing date system and asked that that report to be included in the packet for the next Committee of the Whole meeting. In response, Ms. Devon stated that she would be happy to prepare a report. On Motion by Commissioner Marilyn Plummer, seconded by Commissioner Tony DeLuca to Table the Senior Citizens Late Fee subject until the next Committee of the Whole meeting. Action: Carried Unanimously C.O.W.Meeting April 13,2010 Page 4 of 4 Other General Manager Lark informed the Board if Commissioners' that he has a weekly informative video broadcast and that the Commissioners now have access to viewing this broadcast. Commissioner Tracy Thomas stated his appreciation for the professionalism of the Board of Water & Light crews that are out working around town. He also thanked Sue Ramsey for all that she does for the Board. On motion by Commissioner Plummer, seconded by Commissioner DeLuca to excuse Commissioners Lain from today's meeting. Action: Carried unanimously. Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 6:25 p.m. Respectfully submitted Sandra Zerkle, Acting Chair Committee of the Whole i t FINANCE COMMITTEE April 27, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, April 27, 2009. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Frank Lain and Dennis Louney and Alternate committee member Sandra Zerkle. Also present Board member Tony DeLuca. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Bossenbery, seconded by Commissioner Louney to approve the Finance Committee meeting minutes of March 9, 2010. Action: Carried unanimously. Power Pool/Risk Management Program General Manager J. Peter Lark stated over the past few years that he and his Administration have mentioned the Power Pool. The Power Pool is an agreement that the Board of Water & Light and many other Municipal utilities entered into about 17 years ago. The original purpose was to ensure that municipal utilities would have the opportunity to obtain the power they needed and that that power could be facilitated by sales of Board of Water & Light's excess power. There are a couple of other members of the pool who have generation as well, but none as much as we do at the Board of Water & Light. The idea was to figure out a way that we could all share in the Board of Water & Light and any generators who have excess power in helping out the other municipal utilities that have reasonably priced power to provide to their consumers. Back then there was no wholesale market. Ultimately the Midwest Independent System Operator (MISO) was created which is the place at which utilities can now buy and sell power. The pool was created because there was no MISO. General Manager Lark said when we were selling power through the Pool we had a Risk Management Policy in place, which was put in place by the group that operated the Pool, the Mid-Michigan Public Power Association (MPPA). All of the Risk Management was provided by the MPPA. Once the Pool ends in 2010 we, as well as all of the other municipalities in the pool are going to need a Risk Management policy in place. Finance Committee April 27,2010 Page 2 of 5 The proposed resolution directs that we have a risk management policy at the Board of Water & Light and that the General Manager direct this policy and come up with a program that complies with that policy. Dave Bolan, Manager of Bulk Power, provided background information on Energy Risk Management and litigating risk. He reviewed and presented a PowerPoint presentation that highlighted the following topics: • Risk Management Today • Energy Risk • Board of Water & Light's Risk Management Program • Board of Water & Light's Risk Management Resolution The PowerPoint presentation is on file in the Office of the Corporate Secretary and is available for public viewing. Resolution Adoption of Energy Risk Management Policy WHERAS, Consistent with the Lansing Board of Water & Light's (BWL) decision on January 25, 2005 to withdraw from the Michigan Public Power Agency's (MPPA) Power Pool Project will be effective on January 1, 2011; WHERAS, currently and consistent with the MPPA Power Pool Agreement, the BWL operates its energy portfolio under MPPA's Risk Management Policy; WHEREAS, because of the MPPA's relationship termination, the BWL needs to design and implement its own Risk Management policy and program to address specific governance and internal controls; RESOLVED, the Board of Commissioners hereby adopts the Energy Risk Management Policy as recommended by the General Manager: The Lansing Board of Water & Light (BWL) shall develop a Risk Management Program that includes guidelines that shall govern BWL's energy portfolio and risk management activities as well as provide a framework to maintain proper controls for BWL executive management and staff to identify, capture, measure, monitor and report identified risk. The program will be designed for the specific requirements, constraints and risk tolerance of the BWL. The results of the program will be continually evaluated in relationship to its objectives to ensure effective performance over time. The BWL Energy Risk Management Program will coordinate with, but be subordinate to, the existing Michigan Public Power Agency (MPPA) Risk Management Policy until the BWL's participation in the MPPA Power Pool Project terminates on January 1, 2011. On motion by Commissioner Bossenbery, seconded by Commissioner Lain, to move the proposed resolution for the Adoption of Energy Risk Management Policy to the full board for consideration and approval. Finance Committee April 27,2010 Page 3 of 5 Action: Carried unanimously. FY2011 Budget General Manager J. Peter Lark provided an overview of the proposed financial plan for fiscal year (FY) 2011 for the Lansing Board of Water and Light (BWL), including several financial projections scenarios for Board discussion. The FY2011 budget allows for continued service to its utility customers and future operations and sustainability for the plant facilities. The total proposed budget for FY 2011 is $306 million, of which operations and maintenance comprise $261 million and capital budget is approximately $45 million. Capital expenditures for fiscal years 2011-2016 are estimated at $272 million. The budget presentation materials included the following information: sales forecast, revenue assumptions, operating expenses assumptions, inclusion of Belle River debt service costs in the ECA, operations and maintenance budget by category, projected income statement by utility, projected cash flow by utility, comparative income statement (FY2011/2010), budget comparison by division and department, budgeted return on net fixed assets, and financial projections for FY2011 — FY2016 assuming various forecast assumptions. General Manager Lark stated his FY2011 budget recommendations reflect the Inclusion of Belle River debt service in the ECA beginning in July 2010, and 9% increases for Water and Steam. While the budget reflects 9% increases for steam and water, Mr. Lark indicated no decision on those rate recommendations is needed at this time. Any rate increase request will be presented separately and will require Public Notice and Hearings. The FY 2011 Budget includes the following Assumptions: Sales Forecast %'10 Forecast utility FY11 Forecast FY10 Budget to'09 Budget Electric-Retail(MWh) 2,200,585 2,333,000 -5.7% Electric-Wholesale(MWh) 953,7 860,269 10.9% Electric(MWh) 3,154,329 3,193,269 -1.2% Water(cco 9,734,155 10,287,325 -5.4% Steam(Mlb) 742,711 722,448 2.8% Chilled Water(tnhrs) 9,968,925 10,254,500 -2.8% Electric: • Retail sales volumes reflect recent trends of reduced residential sales load and commercial and industrial load growth. • Wholesale sales volumes reflect volumes available for sales and forecast of futures prices. Water: • Retail sales volumes reflect recent trends of reduced residential, commercial, and industrial sales load. Steam: Finance Committee April 27,2010 Page 4 of 5 • Commercial sales increase due to customer additions, including the State Police Headquarters and the Accident Fund Building. Chilled Water: • Commercial sales include customer additions, including the State Police Headquarters and the Accident Fund Building. Commercial sales also reflect recent trends of reduced sales load. REVENUE ASSUMPTIONS -Rate Adjustments —Various scenarios modeled for discussion. -Debt Service component of the Belle River power sales contract with MPPA collected through the Energy Cost Adjustment. -Electric Wholesale —Electric Wholesale margin -Margins affected by increasing generation costs -Margins affected by depressed market prices -Water Wholesale — contract negotiations continue, anticipated increases included in budget OPERATING EXPENSE ASSUMPTIONS -Reviews held with each department. -Overall FY 2011 O&M decrease of 0.5% compared to final FY 2010 Budget* -Current CPI Index— 2.1% inflation -Budget assumes 718 FTE's as compared to 749 FTE's in the FY 2010 budget. -Wage and salary increases = 3% for bargaining unit employees only as required by contract. The six-year capital forecast for fiscal years 2011 — 2016 were also included in the packet materials, which detailed annual capital additions and planned capital projects for all four respective utility services. RESOLUTION Fiscal Year 2011 Operating and Capital Budget RESOLVED, that the annual Operating Budget covering Fiscal Year 2011 is hereby approved as presented; and RESOLVED, that the Fiscal Year 2011 Capital Budget is hereby approved as presented; and RESOLVED, that the forecast for capital expenditures for the Fiscal Years 2011- 2016 is hereby accepted as presented; and RESOLVED FURTHER, that the Corporate Secretary be directed to make the appropriate filings with the Lansing City Clerk's office and the mayor's office in accordance with the Lansing City Charter regarding the above actions. Finance Committee April 27,2010 Page 5 of 5 -------------------- Staff Comments: Staff recommends an operating and maintenance budget of $261.4 million and a capital budget of$44.8 million for Fiscal Year 2011 in order to provide on-going services to our utility customers and to sustain our plant facilities for future operations. Capital expenditures for Fiscal year 2011-2016 are estimated to be $272 million. Staff recommends that the Finance Committee approve these budgets and resolution for presentation and adoption by the Board at its May 25, 2010 Board meeting. On motion by Commissioner Louney, seconded by Commissioner Bossenbery, the Finance Committee agreed to move the proposed resolution regarding the Fiscal Year 2011 Operating and Capital Budget to the full board for consideration and approval. Action: Carried unanimously. A complete copy of the fiscal year 2011 Financial Plan is available in the office of the Corporate Secretary FY 2011 INTERNAL AUDIT PLANNING The overall risk management process at BWL was discussed, including the roles of Internal Audit, the Internal Control Department, and management in risk identification and assessment. Susan Devon, Assistant General Manager and Chief Financial Officer reported that the Internal Control Department had performed four risk assessment scoping reviews relating to financial statement accounts, but there are seven that remain, along with internal control evaluations of various operating departments. After some discussion, there was general agreement that from an organizational risk mitigation standpoint, the best use of the Internal Audit Department in FY2011 is to work with the Internal Controls Department and Management to complete the remaining financial risk reviews as expediently as possible. The Internal Auditor was directed to proceed with his FY2011 planning process with this directive. The risk reviews will be performed in a way that will minimize the impact to the auditors' objectivity and independence in performing future audits of the affected activities. During the discussion, it was understood that any audit subjects identified or agreed upon by the commissioners during FY2011 as too important to defer to FY2012 will take precedence over the risk assessment review work. The completed risk reviews provide documented key risks and controls for BWL that will make the audit process more efficient and effective in the future. There being no further business, the meeting adjourned at 5:40 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee � 1 � I i__..� � l � � -� ' � � �� I � � � �� I. � � I' l V Y � 1 � � � � ' l � � COMMITTEE OF THE WHOLE May 11, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, May 11, 2010. Acting Chair Sandra Zerkle called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Tony DeLuca, Peter Kramer, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioners Frank Lain, Margaret Bossenbery and Dennis Louney Public Comments There were no public comments. Approval of Minutes Motion by Commissioner DeLuca seconded by Commissioner Thomas to approve the Committee of the Whole meeting minutes of April 13, 2010. Action: Carried unanimously. Renewable Energy Program/Energy Optimization Program Reports Pursuant to PA 295 General Manager J. Peter Lark stated that there was a law passed in 2008 that required the Board of Water & Light to have a Renewable Energy Program and Energy Optimization Program. The law also requires year-end results from those programs to be filed with the Public Service Commission (PSC) and a summary provided to customers. General Manager Lark provided an overview of the Reports that were submitted to the PSC and included in the Committee packet. He stated that the Board of Water & Light is exceeding requirements and goals for both Renewable Energy and Energy Optimization. (THE COMPLETE RENEWABLE ENERGY PLAN ANNUAL REPORT FOR 2009 AND THE ENERGY OPTIMIZATION ANNUAL REPORT FOR 2009 IS ON FILE IN THE OFFICE OF THE CORPORATE SECRETARY) Rules and Regulations General Manager J. Peter Lark introduced and reviewed proposed changes with respect to the Rules and Regulations for electric, water, steam and chilled water utility services, which also includes applicable fees and charges. He stated there have been changes in fees, and the fees are designed to recover actual costs, with no profit margin. On motion by Commissioner Kramer, seconded by Commissioner Thomas, to move the proposed resolution regarding the Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services to the full board for consideration and approval. C.O.W.Meeting May 11,2010 Page 2 of 2 Action: Carried unanimously. Excused Absence On motion by Commissioner Plummer, seconded by Commissioner DeLuca to excuse Commissioners Bossenbery, Lain and Louney from today's meeting. Action: Carried unanimously. Other Acting Chair Zerkle stated that the tabled item pertaining to a discussion on senior citizens late fees would continue to be on the table until a motion is made to have it removed from the table. Commissioner Plummer presented some history about Juneteenth and the Juneteenth Celebration. She asked that the Commissioners and the Board of Water & Light support the celebration that will take place June 17th — June 19, 2010. Adiourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 5:55 p.m. Respectfully submitted Sandra Zerkle, Acting Chair Committee of the Whole MANAGER'S RECOMMENDATIONS (5) a. Approve Easement Discharge/Relocation with Phoenix Development Partners, LLC RESOLUTION EASEMENT DISCHARGE/RELOCATION WITH PHOENIX DEVELOPMENT PARTNERS, LLC. RESOLVED, that the Board of Commissioners hereby authorizes the General Manager to release its Existing Easements with Phoenix Development Partners, LLC, recorded October 9, 2008 in Book 3321, Page 1230 and Book 3321, Page 1231 in exchange for the new easement obtained from Phoenix Development Partners, LLC on December 22, 2009. -------------------- Staff Comments: Phoenix Development Partners request that the Board of Water and Light release these general easements that have been relocated. The Board of Water and Light was granted new easements for new utility installations at this property and the existing facilities have been relocated or abandoned in place. -------------------- i � � � , � I � � I � � , i � , I � l � � i DISCHARGE OF EASEMENTS This Discharge of Easement is made on the_day of , by the City of Lansing, by its Board of Water and Light, a Michigan municipal corporation ("Grantee"), whose address is P.O_ Box 13007, Lansing,Michigan 48901, The Grantor hereby discharges the following Easements: 1. The Easement granted by Phoenix Development Partners, LLC and recorded on October 9,2008 in Book 3321, Page 1230; and 2. The Easement granted by Phoenix Development Partners, LLC and recorded on October 9,2008 in Book 3321, Page 1231 Property Description: Parcel 1: Commencing at the center post of Section 16,T4N, R2W, now City of Lansing, Ingham County, Michigan; thence along the East-West 1/4 section line of Section 16 N89°59'00"E 527.87 feet;thence NOO°01'45"W 330.00 feet to the Northwest corner of Block 99, Original Plat of the Town of Michigan, now City of Lansing, as recorded in Liber 2,Pages 36-38, Ingham County Plats;thence continuing along the East line of North Grand Avenue N00°01'45"W 7.02 feet to the point of beginning of the following described parcel;thence N00°O1'45"W, 512.75 feet to a found R.R. spike(now Nail and Tag#30897)on the centerline of vacated Ionia Street; thence along said centerline due East 89.09 feet; thence N50°05'10"E 157.52 feet;thence N00°29'40"E 39.86 feet to a point on the centerline of the party wall to the West extended Easterly; thence along said extension and along the centerline of the party wall N89°58'00"W 21025 feet to the East line of North Grand Avenue; thence along said East street line due North 296.14 feet to a found cut cross in the concrete sidewalk,said point being on the South line of Shiawassee Street; thence along said South street line S89°58'00"E, 221.35 feet;thence running parallel with and 25 feet from the West line of a retaining wall the following six(6)courses: 1) S45°00'36"E, 56.87 feet; 2)S07°00'06"E, 173.32 feet;3)S 17°21'34"E, 75.69 feet;4) 501008'14"E, 327.42 feet; 5)S 17°17'09"W, 167.17 feet; 6)S 18'04'11"W,24.53 feet to a building line; thence along said building line the following five(5)courses; 1)S74°14'59"E, 16.75 feet;2) S15°51'22"W, 63.24 feet;3)N89°47'17"W, 11.09 feet;4)S00°12'43"W, 14.88 feet; 5)N89053'37"W, 30.79 feet;thence S23°01'48"W, 82.99 feet to the Southerly curb line of Ottawa Street(vacated); thence N89°31'14"W, 178.68 feet along said curb line to the point of beginning. *Please see attached documents reference in the above mentioned Libers. Remarks: Phoenix Development Partners, LLC, requests that the Board of Water and Light release these general easements that have been relocated. Remarks: The Board of Water and Light has been granted ne`v easements for new utility installations at this property and the existing facilities have been relocated or abandoned in place. i 1 DISCHARGE OF EASEMENTS Resolved: That The Board of Water and Light release, discharge and vacate the existing above recorded easements on the above described property and that the General Manager is authorized to execute the release of easements. Further that the Utility Services Office be directed to record the release of easements with the Ingham County Register of Deeds office. IN WITNESS WHEREOF,this Discharge is made effective on the day and year as first above written. GRANTEE: Lansing Board of Water and Light By: J. Peter Lark Its: STATE OF MICHIGAN) COUNTY OF INGHAM) Subscribed and sworn to me, a notary public, this _ day of by as of the City of Lansing, Board of Water and Light. Notary Public i acting in County, MI My Commission Expires: Document Prepared By and when signed return to: Robin R. Sorrells Utility Services Lansing Board of Water and Light 730 E. Hazle St. B1dg.B 2nd Il, P.O.Box 13007 ra 7 6 9 ro ar� Lo Al r 4. I cb W B; 3321 P; 1230 10/09/2008 09:41 AM Pages: 5 2008-039467 MISCELLANEOUS Receipt f47309 Paula Jahnson. Inshan County. MiCilLsan 016 11111111 HE 11111111111 Jill ilillil 1111111111111 ill Ill 'Cr E&ISEME NT GRANT FOR CHILLED WATER LINES AND STEAM SERVICL LINES FACILITY DISTRIBUTION Phoenix Developineu t Partners,LLC,208 North Capitol Avenue,Lansing,Nlichigan 48933-1357. Phoenix Development Partners,LLC,Granter,in consideration ofOric and no/100------Dollar($1.00)10 it paid by the City of Lansing by its BOARD OF WATER AND LIGHT,a Municipal Corporation,P.O. Box 13007,Lansing, Michigan,4 890 1,Grantee,receipt of which is hereby acknowledged,grants to the City of Lansing by its Board of Water and Light,its successors and assigns,forever,the casement and right to lay,bury and maintain pipes,facilities,Vaults, valves and other fixtures and appurtenances for the purpose of distributing Chilled water and steam,for Board of Water and Light's use only,on,over,under and across the following described parcel of land,including all public highways upon or adjacent to said parcel of land,which parcel situated in the City of Lansing,County of Ingham and State of Michigan,to-wit: PROPERTY DESCRIPTION:312 North Grand Avenue,Ottawa Station Parcel 1:Commencing at the center post of Section 16,T4N,R2W,now City of Lansing,Ingham Cou 2�5F Section 16 N89*59'00"E 527.87 feet;thencei Michigan;thence along the East-West 1/4 section line of Sv N00oOP45"W 330.00feet to the Northwest comer of Block 99,original plat of the Town of MichiganJndh City.of Lansing,as recorded in Liber 2 Pages 36-38,Ingham County Plats;thence continuing along ate F_:,Q� line of North Grand Avenue NOO'01'4�"W 7.02 feet to the point of beginning of the following ed desci4 paRcil; thence NOOOO 1'45"W,512.75 feet to a Found R.R.spike(now Nail and Tag 00897)oil the centerli At'. 2I Ln t;of vacated Ionia Street;thence along said centerline due East 89-09 feel;thence N50'05'10"E 157.52 1'e--tt;thence NOO'29'40"E 39.36 feet to a point an the centerline of the party wall to the West extended Easterly;thence along said extension and along the centerline of the party wall N89'58'00"W 210.25 feet to the East line of North Grand Avenue;thence along said East street line due North 296.14 feet to a found cut cross in the concrete sidewalk,said point being on the South line of Shiawassec Street;thence along said South street line S89-58-00"E,221.35 feet;thence running parallel with and 25 feet from the West line of a retaining wall the Following six(6)courses: 1)S45*00'36"E,56.87 feet;2)S07'00'06"E, 173.32 feet;3)S17o21'34"E,75.69 feet;4)SOI'08'14"E,327.42 feet;5)S 17'17'09"W, 167.17 feet;6)S 18'04'1 l"W,24.53 feet to a building line; thence along said building line the following five(5)MUMS; 1)S74'1 WiTIE,16.75 feet;2)S 15*5 1'22"W, 63.24 feet,3)N99'47'1 TV, 11.09 feet;4)SOO'12'113"W, 14.88 feet;5)N89'53'37"W,30.79 feet;thence S23oO 1'48"W,82.99 feet to the Southerly curb line of Ottawa Street(vacated);thence N 89'3 I'l 4"W, 178.68 feet along said curb line to the point of beginning. Said parcel are subject to all casements and restriction of record if any. rn rn= Grantor warrants that it has good and marketable title to the parcel as legally described above. rQ CASEMENT DESCRU'TION:(Enscrimit Area No.I(Chilled Witter Lines and SUnin Service Line) > F9 c3 An area 20 feet in width centered on the following described centerline:Beginning on the north side of the vacated Z� Ottawa Street at a point that is 61 ft.easterly of the S.W.corner of Block 98,Original Plat-of Lansing;thence North"- ,6' feet,thence N 33'W 8.7 feet;thence N 01*05'E 174,4 feet;thence North 42.45 feet,thence N 02*371 W 32.7 feet to Point"A";thence continuing N 02*37'W 45.5 feet;thence N 00'06' W 98.25 feet;thericc'westerly 56 feet,more or less, to it point on the cast line of N_Grand Avenue that is 15 feet to the south of the centerline ol'vacatcd E.Ionia Street,and the Point of Ending of this centerline description. 'See I&C110119 "Exhibil A 3a$ 1 4U— Page 1 of6 Pages i i i EASEMENT GRANT FOR CHILLED WATER LINES AND STEAM SERVICE LINES FACILITY DISTFJBUTIOiY With full right and authority to Grantee,its successors,licensees,lessees or assigns,and its and their agents and employees,to enter at all times upon said premises for the purpose of constructing,repairing,removing,replacing, patrolling,improving,enlarging and maintaining such pipes,appurtenances,conduits and other supports with all , necessary manholes and vaults,for the distribution of chilled water and steam service lines,and to trim,remove or otherwise control any trees,brush,and landscaping which may,in the opinion of the Grantee,interfere or threaten to interfere with or be hazardous to the construction,operation and maintenance of chilled water and steam lines. i Future Improvements: Grantee,licensees,lessee or assigns,their agents,and employees may exercise the permitted activities described above,if access thereto results in any undue damage or destruction of any existing or future surface improvements the Grantee shall restore or replace the affected surface area pursuant to the npplicable standards attached as Exhibit B and at no more than an amount that shall take into consideration depreciation of generally over 15 years. Any replacement or restoration of the above mention surface area after 15 years shall be subject to a review and approval by the City of Lansing's Board of Water and Light,which approval shall not be unreasonably withheld,conditioned or delayed. Also it is expressly understood that no landscape grade change will be made and no buildings or other structures will be placed upon the above-described easement without the written consent of the Grantee, It is expressly understood that non-use or a limited use of this easement by Grantee shall not prevent Grantee from later making use of the easement to the full extent herein authorized. i To(lie extent pormitted by law,the parties shall indemnify and hold each other harmless from any damages arising from or incident to.their action or inaction concerning the Easement Area. Witness the hand and seal of the party of the first part,this 30111 day or September 2008. •Sigued,Settled and Delivered: Pho'chir,Development Partners,LLC,a Michigan limited liability company,Christman Capital Investment Group--CLC, By: Steven F.RoznowvW, Its:Manager a STATE OF Michigan) COUNTY OF Ingham) 1�'\ On this 30th day of September,200h,Steven F. tnowski alipq�ued before me and signed as Manager of Christman Capital Investment Group,LLC,Manager u Phoenix Development Partners,LLC,a Michigan linnitcd liability company. i xl�ourity, Notary Publio Michigan I j My Commission Expires,,,j a Acting in the County of Ingham Drafted By: Robin R.Sorrclls i System Integrity and Customer Piojecrs Board or Water and Light Bldg.B 24.FI P.O.Box 13007 Lansing,Michigan 15901 � i Pugc 2 of 6 Pries 3301-I6-2030 I Witness the hand and seal of the party of the first part,thath day of r�ttY � ,2008. i Signed,Sealed and Delivered: Phoenix Development Partners,LLC, a Michigan limited liability company, Christman Capital Investment Group,LLC,Manager, l By: a s M.Cash Its: anager STATE OF MICHIGAN ) i )SS COUNTY OF INGHAM ) On th i day oG 008,James M.Cash appeared before me and signed as Manager of Christman Capital Investment Group,LLC,Manager of Phoenix Development Partners,LLC, i a Michigan limited liability company. N9q aPu ( County,MI I AL in to IKghn County,Michigaq My Commission Expires: I Drafted By And When Recorded Return To: Robin R.Sonrells Utility Services Board of Water and Light P.O.Box 13007 Bldg.B 2" tl Lansing,Michigan 48901 EXHIBIT A (EASE[vIENN'T AREA NO. I (CI-IfLLED WATER LINES AND STEAM SERVICE LINE) i. I Attached please see Exhibit A �I I Page 3 of'6 Pages 3301-16-2030 i 89 09 Vacated E. Ionia St. E. Ionia St. Ease.k 1 P.O E. 'I Easement No. 3301-16-2030 north side of parking ramp ZQ: Legend NORTH Electric Facility Easement Area SCALE: 'I" =60' Wafer and Chilled Wafer Facility Ease.Area 0 30, 60, 90' 120' I Ease..12 P.O.B. An Utility Facility Easement Area (PI.'A") c.,,o i :.::� _Ease.112 �\ ...� .:: P.O.E. / C ca ui F: J O o m F Block 98, O.P/of Lansing N. Grand Avenue w to a Parking . Ramp U 1:: m Ottawa Station / o f �: (U Easement No. 3301-16-2030 S.W.Corner of Block 98 6°dJ1�H� ...OdO CC6 O Dope. ope.O�Uil 0°000000 �0 0 0 O O O 0 O O OOOO°OOO°O0O°O OO O O O O O O O OO O O O OOpO0° ° ° ° °O O O00000000° E. Ottawa St. Q o°o°o°o°q°o°000°0° ° ° 0 o00000 ° ° 000 °O°O O O a3 oo ° ° °0°°° 0 °000000O 000 O 00 U OOO 00 O 0000000 O O O O 00 1 I Ra t Wentworth Park HooteHotel l Z Easel ent Area No.4 Block 99, O.P. of Lansing Ih:MmvllGlU SiUhI�IY�je�lslull���a(]U�iUCnl IunU UC��e41]minll:Y.i!le!41an1 rrurk(c�sernerllfuev,sea P?U�UB�7aU1�IG-?070 Uwg I BOARD OF WATER & LIGHT EASEMENT DRAWING GRANTOR: Phoenix Development Partners,LLC LOCATION: On the N.E.III of Seclion 16J.4 N. R.2(.ti Cily of Lensing Ingham Counl,Nlichiaan DRAV,IN BY: M.viilalec CHECKED: APPROVED: DATE: Rev.9-26-03 EASEN ENT NO.: 3301-16-2030 L Exhibit A IIAMBEr B (RESTORATION/REPLACEN-[EN'r S'I'AiNDARDS) 1. Grass:sod an minimum 6 inch top soil base above compacted existing material. 2. Sidewalk:4 inch concrete sidewalk(broom finish)on top or4 inch sand base and compacted existing material. I Asphalt at Service Drive:4 inch bituminous pavement(2 inch HNIA-13A and 2 inch I-INIA-3C)on top of 8 inch gravel base(22A)with 12 inch sand sub base. 4. Concrete/Clay Pavers at Ottawa Street:4 inch thick pavers on 4 inch sand base with Geotextile Fabric liner and 12 inch gravel sub base(21A). 5. Concrete/Clay Pavers tit Front Entry:4 inch thick pavers on 4 inch sand base with Geotextile fabric liner and 6 inch gravel sub base(21 A). I i I C I i Attached please see Exhibit B i I I i f t j I i I Page 5 of 6 Pag-ts 3301-16-2030 ' )C,4 �r'mil! 416 3g/009:1231 aerP� p4739 3321 P: i ntahie.n N• '":_�')1 t)fl 1. BppB-o39468 piSGEILAN£a115 R �-h Pauta Johnsan, tneham Coin Y. ' . ~r,�r ,- ��t�ii�t�ut�ut�tut���►i��tuti��ut��tuu►it�uuitu�uutiiu CC c EASEMENT GRANT FOR WATERMAIN FACILITY DISTRIBUTION Phoenix Development Partners,LLC,208 North Capitol Avenue,Lansing,Michigan 48933-1357 Phoenix Development Partners,LLC,Grantor,in consideration of One and no/100-------Dollar($1.00)to it paid by the City of Lansing by its BOARD OF WATER AND LIGHT,a Municipal Corporation,P.O.Box 13007,Lansing, Michigan,48901,Grantee,receipt of which is hereby acknowledged,grants to the City of Lansing by its Board of Water and Light,its successors and assigns,forever,the easement and right to lay,bury and maintain pipes,facilities,hydrants, and other fixtures and appurtenances for the purpose of distributing water,for Board of Water and Light's use only,on, over,under and across the following described parcel of land,including all public highways upon or adjacent to said parcel of land,which parcel situated in the City of Lansing,County of Ingham and State of Michigan,to-wit: PROPERTY DESCRIPTION:312 North Grand Avenue,Ottawn Station m_ l7 Ll:� Parcel L•Commencing at the center post of Section 16,T4N,R2W,now City of Lansing,Ingham County, t Michigan;thence along the East-West 1/4 section line of Section 16 N89a59'00"E 527.87 feet;thence `r N00001'45"W 330.00 feet to the Northwest corner of Block 99,Original Plat of the Town of Michigan,no'w' �c City of Lansing,as recorded in Liber 2,Pages 36-38,ingliam County Plats;thence continuing along the EaR3 C; line of North Grand Avenue NOOa01'45"W 7.02 feet to the point of beginning of the following described p*el; thence NOOa01'45"W,512.75 feet to a found R.R.spike(now Nail and Tag#30897)on the centerline of vacated Ionia Street;thence along said centerline due East 89.09 feet;thence N50a05'10"E 157.52 feet;thence N00'29'40"E 39.86 feet to a point on the centerline of the party wall to the West extended Easterly;thence along said extension and along the centerline of the party wall N89°58'00"W 210.25 feet to the East line of North Grand Avenue;thence along said East street line due North 296.14 feel to a found cut cross in the concrete sidewalk,said point being on the South line of Shiawassee Street;thence along said South street line S89m58'00"E,221.35 feet;thence running parallel with and 25 feet from the West line of a retaining wall th4' following six(6)courses: 1)945a00'36"E,56.87 feet;2)S07°00'06"E, 173.32 feet;3)S17a21'34"E,75.69cD � m� feet;4)S0Im08'14"E,327.42 feet;5)S 17°17'09"W, 167.17 leet;6)S18a04'11"W,24.53 feet to a building la; thence along said building line the following live(5)courses; 1)S74°14'59"E, 16.75 feet;2)S15a51'22"W,t 63.24 feet;3)N89'47'1T'W, 11.09 feet;4)SOOa12'43"W, 14.88 feet;5)N89°53'37"W,30.79 feel;thence S23°01'48"W,82.99 feet to the Southerly Curb line of Ottawa Street(vacated);thenceN89a31'14"W, 178.61P' z feet along said curb line to the point of beginning. o o c tn Said parcel are subject to all easements and restriction of record if any. r i Grantor warrants that it has good and marketable title to the parcel as legally described above. EASEMENT DESCRIPTION:(Easement Area No.2(Water Service Line) i An area 20 feet in width centered on the following described centerline:Beginning at Point"A"as located in the Easement Area No. I description recited on the Easement Grant For Chilled Water Lines and Steam Service Lines l Facility Distribution dated September 30,2008: thence S 32aE 41 feet;thence South 8 feet,more or less,to the north brick wall of the existing Ottawa Station building and the Point of Ending of this centerline description. } I i *See drawing "Lxhibi(A". I NG5 i Paac 1 of Paes 3301-16-2029 i i i EASf;MIENT GP ANT FOR WATEWAIN FACILITY INSTALLATION With full right and authority to Grantee,its successors,licensees,lessees or assigns,and its and their agents and employees,to enter at all times upon said premises for the purpose of constructing,repairing,removing,replacing, patrolling,improving,enlarging and maintaining such pipes,hydrants,appurtenances,conduits and other supports with all necessary manholes,for the distribution of water,and to trim,remove or otherwise control any trees,brush,and landscaping which may,in the opinion of the Grantee,interfere or threaten to interfere with or be hazardous to the f construction,operation and maintenance of water facilities. Tuture Improvements: Grantee,licensees,lessee or assigns,their agents,and employees may exercise the permitted I activities described above.If access thereto results in any undue damage or destruction of any Future surface 1 improvements,the Grantee shall restore or replace the affected surface area pursuant to the applicable standards attached as Exhibit B and at no more than an amount*that shall take into consideration depreciation oFgcncrally over 15 years. Any replacement or restoration of the above mentioned surface area after IS years shall be subject to a review and approval by the City of Lansing's Board of Water and Light,which approval shall not be unreasonably withhcicl, conditioned or delayed. i Also it is expressly understood that no landscape grade charige will be made and no buildings or other structures will be placed upon the above-described easement without the written consent of the Grantee. It is expressly understood that i non-use or a limited use of this casement by Grantee shall not prevent Grantee from later making use of the casement to the full extent herein authorized. I To the extent permitted by law,the parties shall indemnify and hold each other harmless from tiny chunages arising from or incident to their action or inaction concerning the Easement Aron. I I Witness the hand and seal of the patty of the first part,this 30th clay of Septernber,2008. Signed,Sealed and Delivered: Phoenix Development Partners,LI_C,a Michigan limiter)liability contpnny,Christmmn Capital Invcsuucnt Group,LLC, Steven F,Roznowski Its:Manager (STATE OF Michigan) (COUTITY OF Inglialn) ,2008,Steven F.Roznoivski,appeared before me and signed as Manager ol'Christutan On this 30'" day of Septcntber Capital hrvestuent Group,LLC,Manager ooff pI anixDevelopment Partners,LLC,a[Michigan limited liability company. Notary Public County,Michigan My Commission ExpiRS. I Acting in the County of lugham , Drafted By: Robin It.Sorrells Utility Services I Board of Water and LiohL PIdg,B 2rd Fl P.O.Box 13007 Lansing,Michigan 48901 I Page 2 ol'u Paees 3301-i6 2029 i y NV itness the hand and seat of the parry of the first part,thi,-'Dth day o ,2008. Signed,Sealed and Delivered: Phoenix Development Partners,LLC, a Michigan limited liability company, Christman Capital Investment Group,LLC,Manager, By. 3anager o s Ivt.Cash Its: i STATE OF MICHIGAN ) )SS COUNTY OF INGRAM ) On this-Ah day of� !Af ,lames M.Cash appeared before me and signed as Manager of Christman Capital Investment Group,LLC,Manager of Phoenix Development Partners,LLC, a Michigan limited liability company. M _i County,MlActing iu Inghty, clna n My Commission Expires: j'�^emu j i I i I i j I I I I i j 1 Drafted By And When Recorded Return To: { Robin R.Sorrells Utility Services Board of Water and Lioht ; P.O.Box 13007 Bldg.B 2°`'.fl Lansing,Michigan 48901 EXHIBIT A (DEPICTION i OF EASEMENT AREA NO.2(WATER SERVICE LINE) Attached please see Exhibit A E , I I i i I i I I I Paii,,c 3cfG i'a�gcs :30;-;G-2024 89,09 E. Ionia St. Vacated E. Ionia St. Ease.;1 P.O.E.— north side of parking ramp io , Legend NORTH E1eclricFacilityEasomenl Are a SCALE: 1" =60' -1T Water and Chi9ed'rValer Facility Case.Area `::: 0 30' 60' 90' 120' -,7; — Ease.;:2 P.O,B. c,,• ]Al Utility Facility Easemart Ikea Ipt.^,q^� 1 -.1: Easement No. 3301-16-2029 i -10 I _ t152.rrz77/ P.O.E. i C t: / 0 0. Block 98, O.P/of Lansing N. Grand CAI f 0 Avenue U.I. toCL E Parking Ramp c :;•::i:::: m o i Ottawa Station l o 0 1: / T I lu O / I SN/.Corneral { Block 98 0 0 0 0 O O O O O O O O O°O°O°O° °O°O0p0p0p0p0p0p0 > O°00o000 00000p0000000000 E, Ottawa St, Q o0000004000°0000000000° . 00 0 0 0 0• o 0 0 0 0 o 0 0 0 0 o tS o 0 0 0 0 0 0 C °0°0°00000°0°0°0°0°o°o°r rD o 0 0 0 0 0 0 0 0 0 0 ; Radisson Hotel Z Wentworth Park Ease onl Area r,o•4 Block 99, O.P. of Lansing 7 i I 11"YihvW'.IOIBEiy^.t:yfCilLlSblli:+0+0C1:iU0111 IY�J tlG+EY}1i;111�.C11�1n,:�I�iM wniniea;e:�ri:i,4EnseU�-Y6•Gl'•)]e i�IG'lillD u. { BOARD OF WATER & LIGHT EASEMENT DRAWING �GRANTOR: Phoenix Development Partners,LLC LOCAT10t--I: On the N E.•I14 of Section 16,T,4 h, R.2 Vv.,CiIY of Lansinc.Inol ant Count ,Adichinan - II DRAWN BY: iA.Wrialec CHECKED: APPROVED: I DATE: Rev.9-26-08 EASE1NIE,1T NO.: 3301-16-2029 Exhibit A i i i txtrt33n•u j (RESTORATIONIREPLACENIENT STANDARDS) i 1. Gress:sod on minimum 6 inch top soil base above compacted existing material. 2. Sidewalk;4 inch concrete sidewalk(broom finish)on top of 4 inch sand base and compacted existing material. 3. Asphalt at Service Drive:4 inch bituminous pavement(2 inch HNIA-I]A and 2 inch HNIA-IQ on top or 8 inch gravel base(22A)with 12 inch sand sub base. 4. COneretdClay Pavers'nt Onawa Street:4 inch thick pavers on 4 inch sand buse with Geote>tile fabric liner end 12 inch gravel sub base(21 A). i 3. Concrete/Clay Pavers at Front Entry:4 inch thick pavers on 4 inch solid base.with Georcxtile fabric liner and 6 inch gravel sub base(2I A). F I f i I 'i t 1 i l i f i I Page 5 of 6 Pages 3301-16-2027 J t b. Approve Easement Discharge/Exchange with MSU Foundation t RESOLUTION EASEMENT DISCHARGE/EXCHANGE WITH MICHIGAN STATE UNIVERSITY FOUNDATION RESOLVED, that the Board of Commissioners hereby authorizes the General Manager to release its Existing Easement with Michigan State University Foundation, recorded October 6, 2009 in Book 3359, Page 1034 in exchange for the new easement obtained from Michigan State University Foundation, recorded March 9, 2010 in Book 3374, Page 479; which is located on the same parcel. -------------------- Staff Comments: Michigan State University Foundation request that the Board of Water and Light release the October 6, 2009 easement that has been further described by a metes and bounds survey provided by the Board of Water and Light. -------------------- i I ,. : � i IJ DISCHARGE OF EASEMENTS This Discharge of Easement is made on the_day of , by the City of Lansing, by its Board of Water and Light, a Michigan municipal corporation ("Grantee"), whose address is P.O. Box 13007,Lansing, Michigan 48901. The Grantor hereby discharges the following Easements: 1. The Easement granted by Michigan State University Foundation and recorded on October 6, 2009 in Book 3359, Page 1034 Parcel Description: That part of Sections 25, 26 and 36 and the entire plat of University Park, as recorded in Liber 20 of Plats, Page 40, Ingham County records,Town 4 North, Range 2 West, City of Lansing, Ingham County, Michigan; beginning at the West 1/4 corner of Section 25 and running N89°50'57"W, on the East-West 114 line of Section 26, 320.08 feet to a point 103.0 feet, as measured at right angles to the centerline of North Bound U.S. 127;thence on the Easterly Right-of-Way line of U.S. 127 the following five courses: S00°I C22"W 86.91 feet to a point of curvature; thence Southeasterly 968.89 feet on the are of a 3716.72 foot radius curve to the left whose central angle is 14°56'10" and whose chord bears S07°11'44"E 966.15 feet to a point of tangency;thence S14°39'49"E 1507.13 feet to a point of curvature,thence Southeasterly 1025.06 feet on the arc of a 3922.69 foot radius curve to the right whose central angle is 14°58'20" and whose chord bears S07010'39"E 1022.14 feet to a point of tangency; thence S00°18'32"W 284.40 feet to a point on the North line of a parcel of land described in Liber 4 of Surveys,Page 853, Ingham County Records;thence S89°36'53"E, on the North line of said parcel, 1000.70 feet to the construction centerline of Collins Road;thence N00°27'32"W, on the construction centerline of Collins Road, 1153.65 feet to the North line of Section 36; thence N00°23'26"E, on the construction centerline of Collins Road(also being the East line of the West 112 of the Southwest 114 of Section 25) 1725.62 feet to a point of curvature; thence Northeasterly 713.13 feet on the arc of a 916.73 foot radius curve to the right,whose central angle is 44'34'15" and whose chord bears N22°40'34"E 695.28 feet to the intersection of Right-of-Way centerline of Forest Road relocated;thence N44°47'19"W, on said Right-of-Way centerline 237.85 feet, to a point of curvature;thence Northwesterly 303.43 feet on the arc of a 386.34 foot radius curve to the left whose central angle is 44°59'59" and whose chord bears N67°17'19"W 295.69 feet to a point of tangency, which lies on the East-West 114 line of Section 25; thence N89°47'19"W, on said 114 line, 1139.15 feet to the West 114 corner of Section 25 and the point of beginning. *Please see attached documents reference in the above mentioned Liber. Remarks: Michigan State University Foundation, requests that the Board of Water and Light release this general easement that has been further described by a surveyed metes and bounds provided by the Board of Water and Light. Remarks: The Board of Water and Light has been granted a new easement for new utility installations at this property described in metes and bounds. DISCHARGE OF EASEMENT'S Resolved: That The Board of Water and Light release, discharge and vacate the existing above recorded easement on the above described property and that the General Manager is authorized to execute the release of easement. Further that the Utility Services Office be directed to record this release of easement with the Ingham County Register of Deeds office. IN WITNESS WHEREOF, this Discharge is made effective on the day and year as first above written. GRANTEE: Lansing Board of Water and Light By: J. Peter Lark Its: STATE OF MICHIGAN) COUNTY OF INGRAM) Subscribed and sworn to me, a notary public, this day of by as of the City of Lansing, Board of Water and Light. Notary Public acting in County, MI My Commission Expires: Document Prepared By and when signed return to: Robin R. Sorrells Utility Services Lansing Board of Water and Light 730 E. Hazle St. Bldg.B 2nd fl. P.O. Box 13007 c. Approve FY 2011 Operating and Capital Budget i e i RESOLUTION Fiscal Year 2011 Operating and Capital Budget RESOLVED, that the annual Operating Budget covering Fiscal Year 2011 is hereby approved as presented; and RESOLVED, that the Fiscal Year 2011 Capital Budget is hereby approved as presented; and RESOLVED, that the forecast for capital expenditures for the Fiscal Years 2011-2016 is hereby accepted as presented; and RESOLVED FURTHER, that the Corporate Secretary be directed to make the appropriate filings with the Lansing City Clerk's office and the mayor's office in accordance with the Lansing City Charter regarding the above actions. -------------------- Staff Comments: Staff recommends an operating and maintenance budget of$261.4 million and a capital budget of$44.8 million for Fiscal Year 2011 in order to provide on- going services to our utility customers and to sustain our plant facilities for future operations. Capital expenditures for Fiscal year 2011-2016 are estimated to be $272 million. The Finance committee approved this budget on April 27, 2010, and recommended it be presented to the full Board for adoption at its Board Meeting on May 25, 2010. 1 I 1 a .� 1 FY 2011 Financial Hometown People. Hometown Power. Board Meeting May 25, 2010 FY 2011 Financial P ■ FY 2011 Financial Plan ■ Sales forecast ■ Revenue assumptions ■ Operating expense assumptions ■ FY 2011 O & M Budget by Category ■ FY 2011 Budgeted Net Income / Cash Flow ■ Comparative Financials (FY 2011 / FY 2010) ■ FY 2011 Return by Utility ■ Next Steps ■ Six Year Forecast ■ Financial Projections ■ Credit Issues ■ Six Year Capital Forecast Hometown People.Hometown Powe7. Sales Forecast % '10 Forecast utility FY11 Forecast FY10 Budget to '09 Budget Electric-Retail (MWh) 292009585 293339000 -5.7% Electric-Wholesale ( 953,744 860,269 10.9% Electric (MWh) 391549329 391939269 -1.2% Water (cc f) 997349155 1092879325 -5.4% Steam (MIJ) 7429711 7229448 2.8% Chilled Water (tnhrs) 1 999689925 1092549500 1 -2.8% Electric: -Retail sales volumes reflect recent trends of reduced residential sales load and commercial and industrial load growth. -Wholesale sales volumes reflect volumes available for sales and forecast of futures prices. Water: .Retail sales volumes reflect recent trends of reduced residential, commercial, and industrial sales load. Steam: .Commercial sales increase due to customer additions, including the State Police Headquarters and the Accident Fund Building. Chilled Water: -Commercial sales include customer additions, including the State Police Headquarters and the Accident MWFund Building. Commercial sales also reflect recent trends of reduced sales load. Hometown People.Hometown Power: Revenue Assumptions ■ Rate Adjustments ■ Various scenarios modeled for discussion . ■ Debt Service component of the Belle River power sales contract with MPPA collected through the Energy Cost Adjustment. ■ Electric Wholesale ■ Electric Wholesale margin ■ Margins affected by increasing generation costs ■ Margins affected by depressed market prices ■ Water Wholesale — contract negotiations continue, anticipated increases included in budget Belle River Power Sales Contract ■ The BWL contracts with MPPA to purchase power from the Belle River power plant operated by Detroit Edison . ■ MPPA bills the BWL monthly pursuant to the power sales contract which includes provisions to collect for: ■ Debt Service ■ Plant Operations ■ Transmission Costs ■ Administrative and General Expenses ■ Purchased Power ■ Energy ■ Miscellaneous charges Recovery of Belle River Power Sales Contract Costs ■ The BWL currently collects all power sales contract costs through the energy cost adjustment with the exception of the debt service component of the Belle River power sales contract. ■ The energy cost adjustment allows recovery of the costs of energy incurred in supplying electricity to retail customers. This would include the total cost of purchased power agreements. ■ The debt service component is a part of the Belle River power sales contract and should be collected through the energy cost adjustment, with self implementation beginning July 1 , 2010. ■ This treatment would be consistent with the treatment of purchased power costs by regulated utilities in the State of Michigan. Comparison of E Fuel and Purchased Power Costs per MWh Ontonagon Coop Tri-County Coop Presque Isle Coop Midwest Energy Coop Great Lakes Coop_ Thumb Electric Coop Upper Peninsula Power Cloverland Coop Edison Sault Alpena Power Consumers Energy Northern States Power_ Wisconsin Electric Wisconsin Public Servic_ Board of Water and Light_ Detroit Edison Indiana Michigan $10.00 $20.00 $30.00 $40.00 $50.00 $60.00 $70.00 $80.00 $90.00 $100.0 WLBWL costs include Belle River debt service Operating ExpenseAssumptions ■ Reviews held with each department ■ Overall FY "2011 O&M decrease of 0 . 5% compared to final FY 2010 Budget* ■ Current CPI Index — 2 . 1 % inflation ■ Budget assumes 718 FTE's as compared to 749 FTE's in the FY 2010 budget. ■ Wage and salary increases = 3% for bargaining unit employees only, as required by contract. *O&M decrease excludes increases in fuel, environmental remediation, energy optimization, and renewable energy as these items all have automatic revenue recovery. Hometown People.Hometown Power. FY 2011 O&M Budget by Category -in $000's, excludes depreciation Material, $10,925 Total = $2615385 4% Labor, $49,880 Other, $31,166 19% 12% Active/Retiree Benefits, $35,83 14% Pension, $6,61 L Purchased Power, 3% $555005 21% Coal, Chemicals, $71,956 27% V \ Hometown People.Hometown Power. FY 2011 Income Statement (by Utility) CHILLED $(000) ELECTRIC WATER STEAM WATER TOTAL SALES (mwh, ccf, mlb, ton-hrs) 3,154,329 9,734,155 742,711 9,968,925 Retail 219,688 29,991 10,069 4,955 264,703 Wholesale 43,717 2,900 _0 _0 46,617 OPERATING REVENUE 263,405 32,891 10,069 4,955 311,321 Operation & Maintenance Expense (218,871) (28,567) (11,736) (2,211) (261,385 Depreciation Expense (23,832) (6,388) (1,148) (1,288) (32,656 TOTAL OPERATING EXPENSE (242,704) (34,955) (12,884) (3,499) (294,041 OPERATING INCOME (LOSS) 20,701 (2,063) (2,814) 1,456 17,279 Payment in lieu of taxes (10,425) (1,296) (402) (198) (12,322 Other Non-Operating Income 4,790 1,334 (91) 89 6,122 Other Non-Operating Expense (1,139) (2,433) (1) (1,684) 5 257 NET INCOME (LOSS) 13,927 (4,458) (3,309) (337) 5,823 Hometown People.Hometown Powef. FY 2011 Cash Flow (bv Utility) CHILLED $(000) ELECTRIC WATER STEAM WATER TOTAL PROJECTED CASH FLOW FY 2011 BEGINNING OPERATING CASH 53,214 7,154 2,685 450 63,503 Sources of Cash Net Income 13,927 (4,458) (3,309) (337) 5,823 Depreciation 23,832 6,388 1,148 1,288 32,656 Loss on Sale of Asset 786 194 200 4 1,184 CSO Project - SRF Bonds 0 920 0 0 920 Bond Proceeds 10,325 0 1,000 11,325 Renewable Energy Plan 3,022 0 0 0 3,022 Energy Optimization 1,120 0 0 0 1,120 Belle River 1,125 _0 _0 _0 1,125 SOURCES OF CASH 43,813 13,369 (1,961) 1,955 57,174 Uses of Cash Debt Principal (2,883) (2,292) (17) (1,267) (6,457 Net Environmental (1,206) 0 (55) 0 (1,261 Net Capital Expenditures (28,422) (12,837) (3,143) (446) (44,848 Other Uses of Cash (2,411) (449) _C4 9) �) (2,999 USES OF CASH (34,921) (16,577) (3,264) (1,802) (55,566 Net Cash Increase/(Decrease) 8,891 (2,209) (5,225) 153 1,610 ENDING OPERATING CASH 62,105 4,946 (2,641) 603 65,113 Beginning Operating Cash includes O&M Fund and Receiving Fund only, Designated funds and Restricted Bond Funds not included, ($24,9 and$62.0 million respectively as of February 28, 2010) JHometown People.Hometown ComparativeStatement Income Budget to Budget Comparison In $000Is FY 2011 FY 2010 Increase/ Budget Budget (Decrease) OPERATING REVENUE $ 311,321 $ 289,350 7.59° OPERATION AND MAINTENANCE EXPENSE GROSS LABOR: Regular Pay $ 48,665 $ 50,297 -3.24° Overtime 6,556 5,030 30.33° TOTAL GROSS LABOR 55,221 55,327 -0.19° MATERIAL 10,925 10,946 -0.19° OTHER- Including Benefits 82,419 78,612 4.84° FUELS, WATER CHEMICALS &AMINE 126,961 121,871 4.18° Costs transferred to Capital Budget (14,141) (15,718) -10.04° OPERATION AND MAINTENANCE EXPENSE $ 261,385 $ 251,038 4.12° Depreciation Expense 32,656 31,945 2.23° TOTAL OPERATING EXPENSE $ 294,041 $ 282,983 3.91° OPERATING INCOME $ 17,279 $ 6,367 171.38° Payment in Lieu of Taxes (12,322) (11,435) 7.70 Other Non-Operating Income/(Expense) 865 (951) 190.98° NET INCOME LOSS $ 5,823 $ 6,018 196.76° Vonm.wetown Power. Budget Comparison by Division and Department FY 2011 vs. FY 2010 Excluding Fuel In $000's FY 2011 FY 2010 Increase/ Process: Budget Budget (Decrease) Electric Operations 473669 443888 23781 Water Operations 81748 8,796 (49 Strategic Planning 141648 131109 11539 Financial Services 171763 171668 96 Corporate/Other Admin 41244 41805 (560 Benefits 441966 481994 (4,028 Other 5, 186 817 41369 IndirectsNehicles to capital (8,800) (9,910) 1 ,110 TOTAL 1349424 1293167 5,257 AMAV Hometown People.Hometown Powe� 6.oo°io FY 2011 Budgeted Return 4.00% 0 4.6% 2.00% 0.00% 0.7% All —2.00% —4.00% —6.00% —8.00% —10.00% —12.00% —14.00% o —16.00% Total Electric Water Steam Chilled Water Hometown Peop e.Hometown Power: Next Steps ■ Request the Board approve the FY 2011 Operating & Capital Budgets. ■ Must be approved by June 1, 2010. ■ File FY 2011 Operating & Capital Budgets with the City Clerk within 10 days after approval F inancial Projections Six year forecast FY 2011 — FY 2016 For analysis purposes only Financial Projections - Assum tons p ■ Projected sales levels ■ Electric — Conservative residential, commercial, industrial and wholesale growth. ■ Water — No retail growth. Conservative wholesale growth. ■ Steam — No growth with the exception of one customer load growth between FY2011 and FY2012. ■ Chilled Water — No growth with the exception of one customer load growth between FY2011 and FY2012. ■ Begins with FY 2011 Operating expenses (including allocations) with 2.75% inflation in FY11 -FY16, benefits at an average of 7%. ■ Capital expenditures per six year forecast ■ Remainder of $40 M bond issue used for Water in FY11 only Hometown People.Hometown Power. Financial ■ The following slides will show the six year financial projections under four different scenarios. ■ No rate increases and no provision to collect Belle River debt service through the energy cost adjustment (ECA). ■ Inclusion of Belle River debt service in the ECA ■ Inclusion of Belle River debt service in the ECA, 9% increases for Water and Steam, and increases to get Electric to a 6. 18% return and Chilled Water to a breakeven cash flow by the end of FY 2016. ■ Inclusion of Belle River debt service in the ECA, increases for all utilities to get them to a 6. 18% return , and increases to get Chilled Water to a breakeven cash flow by the end of FY2016. WPeopPower. Necessary Projected Rate Base (000) 2011 2012 2013 2014 2015 2016 Electric 285,715 288,527 295,373 295,550 2951447 29211401 Water 1931628 202,232 212,537 222,225 231,527 238,710 Steam 2504 27,936 3007 329198 34,379 365023 Chilled Water 27,537 26,951 26,125 25,088 24,320 23,340 Total 5329763 5459646 5649102 5759061 5859673 5909474 6. 18% Return on Rate Base (000) 2011 2012 2013 2014 2015 2016 Electric 175657 17,831 181,254 18,265 18,259 18,070 Water 11,966 12,498 13,135 13,733 14,308 149752 Steam 1,600 1,726 1,858 19990 2,125 2,226 Chilled Water 111702 1,666 1,615 1,550 1,503 1,442 Total 329925 339721 349862 359539 369195 369491 j Rate Base: Net Plant plus Inventories Hometown People.Hometown Powei. Financial Projections No rate increases and no provision to collect the debt service through the energy cost adjustment (ECA). FY2011 - FY2016, Six Year Forecast 2011 1 2012 1 2013 1 2014 1 2015 1 2016 Total11-16 Rate Increase: Electric- incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Water- incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Steam - incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Chilled Water- incrs in March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Net Income (Loss): Electric $ 2,312 $ (1,974) $ (7,504) $ (5,395) $ (9,547) $ (6,969) $ (29,077 Water $ (5,290) $ (4,704) $ (6,135) $ (6,862) $ (8,149) $ (8,872) $ (40,012 Steam $ (3,589) $ (3,535) $ (3,997) $ (4,217) $ (4,749) $ (5,191) $ (25,278 Chilled Water $ (356) $ (17) $ (47) $ 119 $ 317 $ 464 $ 481 Total Net Income $ (6,923) $ (10,229) $ (17,683) $ (16,355) $ (22,128) $ (20,567) $ (93,886 Cash Excess (Deficit): Electric $ (2,724) $ (2,561) $ (9,937) $ 1,354 $ 1,341 $ (1,650) $ (14,176 Water $ (3,040) $ (13,430) $ (16,444) $ (16,760) $ (16,293) $ (15,101) $ (81,069 Steam $ (5,506) $ (5,414) $ (5,878) $ (6,029) $ (6,562) $ (6,467) $ (35,855 Chilled Water $ 134 $ (826) $ (673) $ (1,244) $ (626) $ (336) $ (3,570 Total Cash Excess (Deficit) $ (11,136) $ (22,231) $ (32,932) $ (22,678) $ (22,140) $ (23,554) $ (134,671 Return -1.68% -1.87% -3.00% -2.72% -3.59% -3.22% Hometown Peop e.Hometown PoweF. Financial Projections Inclusion of Belle River debt service in the ECA FY2011 - FY2016, Six Year Forecast 2011 2012 2013 2014 2015 2016 Total11-16 Rate Increase: Electric-incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Water -incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Steam -incrs. In March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Chilled Water-incrs in March 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Net Income (Loss): Electric $ 13,927 $ 9,198 $ 4,007 $ 5,571 $ 1,558 $ 4,155 $ 38,416 Water $ (5,290) $ (4,704) $ (6,135) $ (6,862) $ (8,149) $ (8,872) $ (40,012 Steam $ (3,589) $ (3,535) $ (3,997) $ (4,217) $ (4,749) $ (5,191) $ (25,278 Chilled Water $ (356) $ (17) $ (47) $ 119 $ 317 $ 464 $ 481 Total Net Income $ 4,692 $ 942 $ (6,172) $ (5,389) $ (11,024) $ (9,443) $ (26,393 Cash Excess (Deficit): Electric $ 8,891 $ 8,611 $ 1,574 $ 12,321 $ 12,445 $ 9,474 $ 53,316 Water $ (3,040) $ (13,430) $ (16,444) $ (16,760) $ (16,293) $ (15,101) $ (81,069 Steam $ (5,506) $ (5,414) $ (5,878) $ (6,029) $ (6,562) $ (6,467) $ (35,855 Chilled Water $ 134 $ (826) $ (673) $ (1,244) $ (626) $ (336) $ (3,570 Total Cash Excess (Deficit) $ 479 $ (11,060) $ (21,420) $ (11,712) $ (11,036) $ (12,430) $ (67,178 Return 0.50% 0.18% -0.96% -0.81% -1.69% -1.34% I Hometown People.Hometown Power: Financial Projections Inclusion of Belle River debt service in the ECA, 9% increases for Water and Steam, and increases to get Electric to a 6. 18% return and Chilled Water to a breakeven cash flow by the end of FY 2016 FY2011 - FY2016, Six Year Forecast 2011 2012 2013 2014 2015 1 2016 Total11-16 Rate Increase: Electric-incrs. In March 0.00% 1.72% 1.72% 1.72% 1.72% 1.72% Water -incrs. In March 9.00% 9.00% 9.00% 9.00% 9.00% 9.00% Steam -incrs. In March 9.00% 9.00% 9.00% 9.00% 9.00% 9.00% Chilled Water-incrs in March 1.27% 1.27% 1.27% 1.27% 1.27% 1.27% Net Income (Loss): Electric $ 13,927 $ 10,157 $ 8,011 $ 12,700 $ 11,895 $ 17,787 $ 74,477 Water $ (4,458) $ (1,146) $ 412 $ 2,950 $ 5,231 $ 8,403 $ 11,391 Steam $ (3,309) $ (2,403) $ (1,933) $ (1,143) $ (590) $ 156 $ (9,221 Chilled Water $ (337) $ 63 $ 94 $ 322 $ 583 $ 801 $ 1,525 Total Net Income $ 5,823 $ 6,671 $ 6,584 $ 14,829 $ 17,119 $ 27,147 $ 78,172 Cash Excess (Deficit): Electric $ 8,891 $ 9,570 $ 5,578 $ 19,449 $ 22,782 $ 23,107 $ 89,378 Water $ (2,209) $ (9,872) $ (9,897) $ (6,947) $ (2,913) $ 2,174 $ (29,666 Steam $ (5,225) $ (4,282) $ (3,814) $ (2,955) $ (2,403) $ (1,120) $ (19,799 Chilled Water $ 153 $ (746) $ (532) $ (1,041) $ (360) $ (0) $ (2,527 Total Cash Excess (Deficit) $ 1,610 $ (5,331) $ (8,665) $ 8,506 $ 17,107 $ 24,160 $ 37,387 Return 0.71% 1.23% 1.30% 2.70% 3.11% 4.86% Hometown People.Hometown Power. Financial Projections Inclusion of Belle River debt service in the ECA, and increases to get all utilities to a 6.18% return and Chilled Water to a breakeven cash flow by the end of FY 2016 FY2011 - FY2016, Six Year Forecast 2011 2012 2013 2014 2015 2016 Total11-16 Rate Increase: Electric-incrs. in March 0.00% 1.72% 1.72% 1.72% 1.72% 1.72% Water -incrs. in March 11.47% 11.47% 11.47% 11.47% 11.47% 11.47% Steam -incrs. In March 11.91% 11.91% 11.91% 11.91% 11.91% 11.91% Chilled Water-incrs in March 1.27% 1.27% 1.27% 1.27% 1.27% 1.27% Net Income (Loss): Electric $ 13,927 $ 10,157 $ 8,011 $ 12,700 $ 11,895 $ 17,787 $ 74,477 Water $ (4,230) $ (144) $ 2,348 $ 6,004 $ 9,615 $ 14,358 $ 27,951 Steam $ (3,219) $ (2,027) $ (1,210) $ (9) $ 1,029 $ 2,350 $ (3,085 Chilled Water $ (337) $ 63 $ 94 $ 322 $ 583 $ 801 $ 1,525 Total Net Income $ 6,141 $ 8,049 $ 9,243 $ 19,017 $ 23,121 $ 35,297 $ 100,869 Cash Excess (Deficit): Electric $ 8,891 $ 9,570 $ 5,578 $ 19,449 $ 22,782 $ 23,107 $ 89,378 Water $ (1,981) $ (8,871) $ (7,961) $ (3,893) $ 1,471 $ 8,129 $ (13,105 Steam $ (5,135) $ (3,905) $ (3,091) $ (1,821) $ (784) $ 1,074 $ (13,662 Chilled Water $ 153 $ (746) $ (532) $ (1,041) $ (360) $ (0) $ (2,527 Total Cash Excess (Deficit) $ 1,928 $ (3,953) $ (6,006) $ 12,694 $ 23,109 $ 32,310 $ 60,084 Return 0.77% 1.48% 1.77% 3.43% 4.14% 6.24% MWL Hometown People.Hometown Power. Credit Issues ■ Financial Goals • Maintain credit quality • Ensure adequate liquidity • Maintain rate competitiveness • 6 . 18% Return FY2011 — FY2016 Six-Year Capital Forecast Hometown People. Hometown Power nPower. May 25 , 2010 SUMMARY ANNUAL CAPITAL ADDITIONS AND PLANNED CAPITAL PROJECTS SIX YEAR FORECAST FY 2011 -2016 BOARD OF WATER AND LIGHT Six Dollars in (000's) Year 2011 2012 2013 2014 2015 2016 Total ELECTRIC Sub-Total Revenue 8,550 10,337 6,667 6,100 6,200 6,300 44,154 Sub-Total Non-Revenue 18,563 13,572 22,964 17,714 17,092 14,624 104,529 TOTAL ELECTRIC 27,113 23,909 29,631 23,814 23,292 20,924 148,683 WATER Sub-Total Revenue 0 0 0 0 0 0 0 Sub-Total Non-Revenue 12,183 13,777 16,510 16,550 16,350 14,820 90,190 TOTAL WATER 12,183 13,777 16,510 16,550 16,350 14,820 90,190 STEAM Sub-Total Revenue 105 100 100 100 100 100 605 Sub-Total Non-Revenue 2,949 2,968 3,215 3,331 3,435 3,006 18,904 TOTAL STEAM 3,054 3,068 3,315 3,431 3,535 3,106 19,509 CHILLED WATER Sub-Total Revenue 150 0 150 0 150 0 450 Sub-Total Non-Revenue 180 405 105 55 105 55 905 TOTAL CHILLED WATER 330 405 255 55 255 55 1,355 COMMON Sub-Total Revenue 500 0 0 0 0 0 500 Sub-Total Non-Revenue 1,668 4,830 2,439 1,230 1,521 313 12,001 TOTAL COMMON 2,168 4,830 2,439 1,230 1,521 313 12,501 CAPITAL BUDGET SUMMARY Sub-Total Revenue 9,305 10,437 6,917 6,200 6,450 6,400 45,709 Sub-Total Non-Revenue 35,543 35,552 45,233 38,880 38,503 32,818 226,529 TOTAL BUDGET 44,848 45,989 52,150 45,080 44,953 39,218 272,238 y Revenue Projects: Revenue producing, customer driven capital additions and projects justified by a 5 year cost/benefit analysis. Hometown Peop e.Hometown Power: FY 2011 Capital Budget-Major Prooects/Prog rams ■ Turbine-Generator Overhaul $33533 ■ Canal Road Substation 3,300 ■ Rebuild T&D System 2,835 ■ Services & Line Extensions 2776 ■ Street, Building, and OP Lighting 21374 ■ Advanced Engineering 2,350 ■ Steam Main Replace & Reinforce 2,339 ■ Water System Improvements 2,319 ■ CSO 2,272 ■ Lead Service Replacements 21200 ■ CSO/Street Reconstruction 21154 ■ Secondary Super Htr/Econ. Replacements 2130 ■ Eckert #4 Condenser Retubing 1 ,300 ■ Computer Hardware 1 ,247 ■ Purchase/Scrap Transformers 11000 Hometown Peop e.Hometown Power: Il i I i 1 I I d. Approve Adoption of Energy Risk Management Policy i t RESOLUTION Adoption of Energy Risk Management Policy WHEREAS, Consistent with the Lansing Board of Water & Light's (BWL) decision on January 25, 2005 to withdraw from the Michigan Public Power Agency's (MPPA) Power Pool Project will be effective on January 1, 2011; WHERAS, currently and consistent with the MPPA Power Pool Agreement, the BWL operates its energy portfolio under MPPA's Risk Management Policy; WHEREAS, because of the MPPA's relationship termination, the BWL needs to design and implement its own Risk Management policy and program to address specific governance and internal controls; RESOLVED, the Board of Commissioners hereby adopts the Energy Risk Management Policy as recommended by the General Manager: The Lansing Board of Water &Light (BWL) shall develop a Risk Management Program that includes guidelines that shall govern BWL's energy portfolio and risk management activities as well as provide a framework to maintain proper controls for BWL executive management and staff to identify, capture, measure, monitor and report identified risk. The program will be designed for the specific requirements, constraints and risk tolerance of the BWL. The results of the program will be continually evaluated in relationship to its objectives to ensure effective performance over time. The BWL Energy Risk Management Program will coordinate with, but be subordinate to, the existing Michigan Public Power Agency (MPPA) Risk Management Policy until the BWL's participation in the MPPA Power Pool Project terminates on January 1, 2011. � i i l i , � ! I l l 1 I i j Energy Risk Management April 27, 2010 Hometown People. Hometown Powei. CD Lansing Boar :� : � � Finance Cor �tt ��pp A p v'fl 2 7 2 U R D Energy Risk Management �1011'17kv April 27, 2010 Hometown People. Hometown Power. 0 00 Fmcs, •Rhs k Pvq a gG C_ nt uoc,",, •EP n a Fgy M s k Da fl I ni u-- do,, o B.D,VA Pi V s osC NA a n a, 0 C)[I VA a W 0 h-g F a[��nS@,I rd'(-) �,A�q 'h [f�D �kf L'S R'S �Vq a R a G? [IM Energy Risk Management April 27, 2010 Hometown People. Hometown Power. •BWL is a participant in the MW PRAA pa parr Pao unU January 2011. •The Power PocJ ,ha, s pavJ dp an 'CS grr,-ODc (o j 'Uffl y citoaS on PUI I cNS H. oAfl C3VAJ/L's Tvha�asa0e s a D a s aF , �m-, cde b) V .V�, PP o o ppQ,"s Rose PaNky es a fushas -@ppr'ronyul p u r c h a M n g HE otsg and p ersanna� av-cn0, F i��L:I i� c rrn transactions® EnergyManagementRisk April 27, 2010 Hometown People. Hometown Power BWL Electric Wholesale Revenue $70,000,000 25.0% $60,000,000 20.0% $50,000,000 Wholesale $40,000,000 15.0% / of Total Revenue $ $30,000,000 Operating 10.0% Revenue $20,000,000 $10,000,000 5.0% $0 0.0% FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 +Wholesale Revenue -m-% of Total Operating Revenue Energy Risk Management April 27, 2010 Hometown People. Hometown Power. •A d cr),MMs�ra�djwaJ0P ,-r ad,an�� oFaflu ra Im c afower Qunk a wages , SVsta m Q'dnc�dequaTe ar gkc an xglsTeW •Ca cd'K S�SSh O0nab000K ouco�ar �r���� ro�� �a @� � oa�0000 oM a Fad Gros o Prop �W adwame 6o—mgas on energy ve0vl d ccmrdicd'qj- proceS Q uM, and enevsV Proc ess. h#'Ch can lead W §ncansosTene Cash ROWS Energy Risk Management April 27, 2010 Hometown People. Hometown Power. 0cc`rab) fls l [,-D) F 0o [mpr U\ rso"ghLC c� ) to amcrJ Pnci'�U on E�17CC("U o , 5caV°c cccc' c o ° cvC c-1ccc)LPc�F, F,von ceCALArG-S. oHd �\-1'G` Tnu�t4c-),Ie a ndo s a-,p ai r v e a cr,,jaGaOZ:a cP00 nal11 a a S o F 0 c -q(s a cr cc]LT2L51cco a Gc OE-ctabfls h c ,�,,V)n ������������ �o lreO m tdle pr(acrac�LD �o 0 0 0 cncdr,w(tO n c aG .� co V cc war'iCCIc-co Energy Management People.Hometown • . GovernanceCEO Risk Oversight Committee Middle Office (Risk Manager) Internal Controls Front Office Back Office Igo 0 ry After the fact Settlements Committee Risk Financial Services Operational Committee Bulk Power General Accounting Scheduling sales EnergyManagementRisk April 27, 2010 Hometown People. Hometown Power. VV otc0gca�0 a III °EstabUsh a credit program that has procedures to evaEuate a count rpar y's credit and estaNish credit Hmilts. ()Develop EnaNing Agree€ entrs with counterpartoes -than; once udes -the criteria required in the BWL's Risk program. oMonitor [WL's exposure to those Dohs. oRequire a counterparty With poor c€edit to obtain the appropriate Securities as required in the Risk Program. (e.g. Letter of Credit, Payment on advance) oEs abHsh a reporting structure to revv evm the progra CDs actM-des and trace variances. EnergyManagementRisk April 27, 2010 Hometown People. Hometown Power. Market Volatility ! NYMEX Nat Gas Versus Cinergy Hub Energy Price Apr 2005 to Apr 2010 $80 $16 $70 $14 s � 3: $60 $12 fey E 2 $50VA $10 � $40 VvZ v $8 �7 $30 _ - $6 z to w $20 o XW $10 $2$4 Correlation_ 82/0 } z O o O O 0 O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 • L C dD U a Q C to � .p C CO U LL o LLo LL a o L ; Q o X a ; a p Cinergy Hub Electric Energy NYMEX Nat Gas Energy Risk Management April 27, 2010 Hometown People. Hometown Power. L 'Cra-m 'saCr"'"K LL °Today BWL seHs a unit contingent product. off 3 WL fidifis todelover the transaction is curtailed until oVVG coin suppbl, or the sole is terminated. °Transfers rose to Counterparty. Requires the coon'terparty to hedge against QWLgs contingency. Usejolly there isco cost to hedge. � �alnCo"FjV [" E61vke� Vcaahtioc-a, ��c 3)R ()�s a financi@Hy -firm product that requires the seHing party to make liquidated images to the purchaser of seHe r candor d0ver. 4F WL's faft -to deUver' AWL must purchase -the energy or capacity from another party, regardess of the price. (To motlga7-te Sthiss risk cons cler some form of Delivery Msurrcince) Energy Risk Management April 27, 2010 Hometown People. Hometown Power. "Ing Pro C L Lia g�1,r L al- 'Iol Capadty forvvard based Se- H Energ ', OF] ";�he RU,< 'i'v4ianagern(ent HedgMg Strategy GLAdehes `�o rernove market pr!qLn,.,,g-_v6atfttV. oBWL toy a PortfoHo Approach; seMng a percentage o-If' our tot;; sages based on different terms., counterpart es, and dura-dons. ,(not p(itting oflof our eggs in one busket) cDevellop other hedgl,ng stratre&s c oOptions) than the non-standard produict. oEstabfish Authorozat�on Ljm ts and Schedule for Traders. Energy Risk Management F April 27,, 2010 Hometown People. Hometown Power. o B WT\S L FD [IF oBWL wffl� cont�nue to seH �-Ls non-standard product. BVVII- is, fully hedged. oRequ,ires BWL to estabHsh trust with counterpar"des that the probabiftLy of non-deNery by the BWL os smaH. oRequires BWL to vwork% out a "moake-up" arrangement with affrected counterparty when Una Outages occur. 4\Jote: Due to the recent credit crisis, BWL has seen less willingness by counter inch rties to transact with a non-s-tolndard joroduiv. Energy Risk Management April 27, 2010 Hometown People. Hometown Power. vo Ij 0 h""--ISo Cc-'21- S a�a, 2 a Ida a s(:e- cc,I In �n v v ],--fl d a F a CQ, oPhase inlro Stand@Td zed Products (-financiaHy firm transactlons). 11 . �vVffl require purchasing financia] products as ins�urance against our onabffltLy to deliver. 2. The vac 0ue .ofthe say e miust el\xceed the cost of the prodkict and t-h e Cost p 11 the �unht con, -tingency insuence (hedge). oEstaNishl Authorization Requirements and irnp�ement account�ng practces as required] by the accepted accounting practices that the BWL's foNows. Energy Risk Management April 27, 2010 Hometown People. Hometown Power. _ o L,� WL Hedging Program ob ective 2: Develop a hedghrvg program to procure production re�atc o Ell Q +uee ,, and A[Io�A/vance costs)i Lo producti0n costs. 0 he cost to suLop ch saCIvs has to be as rm and must not owceec9 -the ��o� � obtaoned for the sake. o The term of the safes joust be equa8 to, or less than terns or the pjro uctoon �n used to supp0y the sale. `` Energy Risk Management April 27, 2010 Hometown People. Hometown Power. �� ',.�L !e gin c= �� �� >> � �� 2S I ' me Phaas'a 1 (Produ cticTi P I rn" 00 F"' *Fuel supp�y �s constraned by -the Hm�ted nu mcber of transpgortation soquirces that can d0verto BWL's p any 1. Umitead, to tnf/\\io origin rafl services (BN or UP), and one destonatoon �-afl service (CN) . 2. Next year the rafl services will make up 2/3rds of BVJL's fue� ,cost. oFoN,m,//v, BWL's Emoss�on /A\,\ Hov,\jance proc,,,,ireferent program. r Iovj and staNe labor costs. pip EnergyManagementRisk April 27, 2010 Hometown People. Hometown Power. uc� GCC'�� � o Cti �C � ��J��2 c� rcD) Qo >>�' �< �� [1GL �G' tl G G� oEva�uato Fonan a[ Transactions to hedge against uee s costs. 1 . This will be Hrnoted the procurement of coal oMy. Due -Lo .the, hack of Hgjuodity on the transportation service sector avaHaWe to WL. oConsider adding NaturaC Gass Generation Resources. 1. Wnes/Ra roads kmm/v than BW 's generation is fueled with coal 2. Use of ANCernative Fuels vvoWd improve WL's negotiatt ng position. oConsider purchasing options or Forward con ract-s for the procurement of Mmwanre Credits. 1. Less Capp as Requirements: At a fraction of the required capi-�aa B A/YL can �ock-in the price of he Mov�ancos at foxed price, for a utu re date than the scrum purchase our the asset. N EnergyManagementRisk April 27, 2010 Hometown People. Hometown Power. Board Ap p rova 0 10 Resolutoon supports he concepts on tHs presentat�ono f _� i I �l �,.� I ' --�. ' � I1 fj ' I i1 I. L. } it 11 ,_ � i �� I: ! I : i RULES & REGULATIONS RESOLUTION t RESOLUTION Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services RESOLVED, that the amendments to the Rules and Regulations for Electric, Water, Steam and Chilled Water Services be approved as presented, to be effective July 1, 2010 (see attachments). -------------------- Staff Comments: Staff recommends these amendments to the Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services. The Committee of the Whole approved the amendments on May 11, 2010, and recommended they be presented to the full board for adoption at its regular Board Meeting on May 25, 2010. -------------------- �- i -I ,. , ri 1 r � i � � � � i Il ' l ', i . � , �. � � 1 � I �; , J , , , , RULES AND REGULATIONS UPDATE For Fiscal Year 2011 Subject: Annual Board of Commissioners update of Rules and Regulations for utility service including applicable fees and charges. Background: Each year, staff reviews the BWL Rules and Regulations, including fees and charges, and makes a recommendation to the Board of any proposed changes. Rules and Regulations deal with issues such as: • General Provisions • Service Conditions • Use of Service • Metering • Application of Rates • Responsibility for Payment of Bills • Dispute and Hearing Procedure • Distribution System Extensions • Services • Fees and Charges • Compliance • Other Individual Utility Issues A summary of the recommended Fiscal Year 2011 changes included: Electric, Water and Steam and Chilled Water • Revision of Rule 4.6 Use of Service, Discontinuation of Service (for Electric this section is 4.7) o Language was added to cover voluntary discontinuation due to seasonal shut off or demolition along with responsibility for payment for these tasks. • Revision of Rule 5.(4, 5, or 6) Metering, Meter Damage o This section was updated to include responsibility for payment for damaged or missing meters. • Revision of Rule 7.2 Responsibility for Bill Payment, Estimated Consumption o This section was updated to include language regarding the Boards ability to estimate consumption based on past billing history. • Updated fees and charges for current actual, estimated cost or market conditions. • Several minor housekeeping issues to format and consistency of text. KEC I Of 2 5/20/2010 Electric • Revision of Rule 7.1 Responsibility for Bill Payment, General o Language was updated regarding non turn off during winter months to comply with state law. • Revision of Rule 11.8 Services, Multi-Dwelling Structure Services o Language was updated regarding use of Board approve customer specified equipment. Water • Revision of Rule 5.5 Metering, Calibration o Section added to correspond with the Fee and Charge in Rule 15. Steam • Revision of Rule 4.1 Use of Service, General o Language was added to clarify authorized operation of valves and modification to the steam distribution system. • Revision of Rule 5 Metering o Extensive revision to meet current material and operating standards for the steam utility. • Revision of Rule 5.4 Metering, Calibration o Section added to correspond with the Fee and Charge in Rule 12. • Revision of Rule 9, 10, and 11 Distribution, Services and Steam Traps, o Extensive revisions to sections to reflect format similar to Electric Rules and Regulations with revenue offset and deposits as well as reflect current technology and current operational practices. • Incorporation of Rule 12, Deposits in to Rules, 9 and 10 o Incorporation of deposit rules into Rules 9 and 10 similar to Electric Rules and Regulations. Rule 12 becomes Fees and Charges. Chilled Water • Revision of Rule 3.2.A Service Conditions, Description of Service, Availability of Service o Language was modified to further the point of service between distribution and customer onsite service. • Revision of Rule 10.3.A Services, Chilled Water Service, General • Language was added to clarify authorized operation of valves and modification to the chilled water service and monitoring equipment. KEC 2 Of 2 5/20/2010 ELECTRIC RULES & REGULATIONS W' . Hometown People.Hometown Power. Rules and Regulations For Electric Service Approved:05/25/10 Effective: 07/01/10 i HometownPeoale.HometownPowe�. Table of Contents TABLE OF CONTENTS PAGE NUMBER Definitions....................................................................................................................................................................4 GeneralProvisions.....................................................................................................................::................................6 ServiceConditions.......................................................................................................................................................7 Characterof Service..................................................................................................................................................7 Descriptionof Service...............................................................................................................................................7 AvailableVoltage..................................................................................................................................................7 DualVoltage Transformers.....................................................................................................___.......................9 Agreements............................................................................................................................................................8 MaterialAvailability..............................................................................................................................................8 Useof Service......................----.............................................................. ......................................................-9 General......................................................................................................................................................................9 Accessand Damages.................................................................................................................................................9 CustomerEquipment.................................................................................................................................................9 PowerQuality...........................................................................................................................................................9 PowerFactor............................................................................................................................................................10 Tampering................................................................................................................................... ......10 ........................ Discontinuationof Service......................................................................................................................................10 Metering.....................................................................................................................................................................I I General....................................................................................................................................................................l 1 Installat ion/Owncrship.............................................................................................................................................1 EquipmentLocation................................................................................................................................................1 I MultipleOccupancy Buildings................................................................................................................................12 MeterCalibration Request...............................................-............--.....................................................—..............12 Damagedor Frozen Meter.......................................................................................................................................12 Rate5 and 8 Mcter Installations..............................................................................................................................12 Applicationof Rates..................................................................................................................................................13 General....................................................................................................................................................................13 Resale......................................................................................................................................................................13 Choiceof Rates........................................................................................................................................................14 ReactivePower........................................................................................................................................................14 Space Conditioning-Electric Water Hcating Service.............................................................................................14 Mobile Homes in Courts-Individually Served.......................................................................................................15 Apartment Buildings and Multiple Dwelling Structures.........................................................................................15 Cogeneration and Small Power Production Facility................................................................................................15 BillingDemand....................................................................................................................................................—.16 MinimumCharges...................................................................................................................................................16 Property Owner-Rental Agent Agreement for'Lcave On'Service........................................................................16 Responsibilityfor Payment of Bills..........................................................................................................................17 General....................................................................................................................................................................17 EstimatedConsumption...........................................................................................................................................17 BillingErrors...........................................................................................................................................................17 AccountSecurity Deposits................................:.....................................................................................................18 Disputeand Hearing Procedure...............................................................................................................................20 Disputes....................................................................................................................................................---.........20 Hearings........................................................................................--............................--..............................2() Saleand Lease of Service Facilities..........................................................................................................................22 General....................................................................................................................................................................22 DistributionSystem Extensions................................................................................................................................23 General..................................................................................................................................................................-23 Request for Distribution System Extension.........................................................................................................23 Ownership.................................................................................................. .........23 ................................................. Approved:05/25/10 Effective: 07/01/10 Page 2 of 46 i HometownPeoole.HometownPowei. Table Of Contents Nonrefundable Contribution for Underground Extensions..................................................................................23 Deposit.................................................................................................................................................................24 Refunds................................................................................................................................................................24 Easements and Tree Trimming/Removal Permits...............................................................................................25 Easements and Tree Trimming/Removal Permits...............................................................................................25 Non-Standard Equipment....................................................................................................................................25 Non-Standard Construction.................................................................................................................................25 OtherFacilities....................................................................................................................................................26 CustomerProvided Facilities...............................................................................................................................26 MobileHome Courts...........................................................................................................................................26 StreetLighting.....................................................................................................................................................26 OutdoorProtective Lighting................................__........................................................................................._27 Subdivisions.........................................................................................................................................................28 AvailableVoltage................................................................................................................................................28 Construction Date of Distribution Extension.......................................................................................................28 Trenchingand Duct.................................................................................................................................................28 Conversion of Existing Overhead Distribution Systems and Associated Services..................................................29 Electric Facility Relocations and Removals............................................................................................................30 Distribution System Extensions for Second Source................................................................................................30 Services.......................................................................................................................................................................32 General....................................................................................................................................................................32 TemporaryServices.................................................................................................................................................33 Residential,Commercial and Industrial Overhead Services....................................................................................34 Residential,Underground Services from Underground Distribution Systems........................................................34 Residential Underground Services from Overhead Distribution Systems...............................................................35 Commercial and Industrial Underground Services.................................................................................................35 Multi-Dwelling Structure Services..........................................................................................................................36 Conversion of Existing Overhead Electric Service.................................. ..........37 Electric Service Relocations and Removals............................................................................................................37 Second Service......................... ..........37 ....................................................................................................................... Motors.......;:................................................................................................................................................................38 Useof Board Equipment...........................................................................................................................................39 General...:.:.............................. ..39 AuthorizedAttachments..........................................................................................................................................39 UnauthorizedUse and Removal..............................................................................................................................39 Interconnection for Distribution and Renewable Energy Generators..................................................................41 General....................................................................................................................................................................41 Approvals................................................................................................................................................................41 Controland Protection..............................................................................................................................................41 Operation.................................................................................................................................................................41 Termination.............................................................................................................................................................42 Contract...................................................................................................................................................................42 Scheduleof Fees&Charges...................................................................................................................................._43 Compliance.................................................................................................................................................................46 Approved:05/25/10 Effective: 07/01/10 Page 3 of46 W ' Definitions Homyt�wnFene,r.HnmelnwnVnwrr`. Electric Rule and Regulation 1 Definitions of Terms and Their Abbreviations AMPERE— Unit of electrical current. ANNUAL REVENUE—Board estimated income received from a Customer or a group of Customers for a twelve(12)month period,less sales tax,franchise fees and other fees earmarked in the rates. BOARD— When used in these Rules and Regulations, Board is an abbreviation meaning the Board of Water and Light. BORING— To pierce the ground with a turning or twisting movement of a tool to make a hole for pipes, cables etc. CUSTOMER— A purchaser of electrical service supplied by the Board. DEMAND— The load at the terminals of an installation or system,averaged over a specified interval of time. Demand is expressed in kilowatts,kilovoltamperes(kVA)or other suitable units. DISTRIBUTION LINE—That portion of the Board's system which delivers Electric Power from transformation points on the transmission or bulk power system to the Customer. DUAL WOUND TRANSFORMER—A transformer whose primary windings arc so designed and interconnected so that the transformer has the frill rating capability to operate on either of two different Primary Voltages. DWELLING UNIT—A Dwelling Unit shall be considered as a single room,suite or groups of rooms or suites which have individual cooking and kitchen sink facilities designed for or used exclusively for residential purposes. ELECTRIC POWER—A term used in the electric power industry to mean inclusively power and Energy, expressed in kilowatts and kilowatt-hours. ENERGY— That which does or is capable of doing work. It is measured in terms of the work it is capable of doing; electric energy is usually measured in kilowatt hours. FACILITIES— A general tern which includes devices,associated structures and the like,used as a part of or in connection with an electric installation. HERTZ—(Hz)—Cycle per second. HIGH-RISE HOUSING STRUCTURE— A building in excess of three stories in height comprised primarily of several individually metered residential Rate Customers. IIORSEPOWER(hp)—Unit of mechanical power equivalent to 746 watts of clectrical power. KILO(k)— Prefix meaning one thousand. KILOVOLTAMPERE(kVA)—Unit of apparent electrical power which at 100%Power Factor is equivalent to one kilowatt. KILOWATT(kW)—Unit of cicctrical power representing rate of usage of Energy,equivalent to about 1 I/3 Horsepower. KILOWATT-}-TOUR(kWh)—Unit of electrical Energy equivalent to the use of one kilowatt for one hour. LOAD— The amount of power or kilovolt amperes delivered at a given point. MAIN LINE TRENCH—A Trench in which Primary Voltage Distribution Lines are installed. Approved:05/25/10 Effective: 07/01/10 Page 4 of46 Definitions Hometown Penole.Hometown Power Electric Rule and Regulation 1 MOBILE HOME COURT—A mobile]ionic court is defined as a parcel or tract of land upon which three(3)or more mobile homes are located and occupied on a continuous non-recreational basis. The mobile home court shall be of a permanent nature with improved streets and with individual water and sewer connection to each lot. MULTI-DWELLING STRUCTURE —A building containing 5 or more Dwelling Units, including but not limited to apartments,condominiums or senior housing projects. PERSON— Any individual, corporation, partnership, company, limited liability corporation, organization or governmental entity. POWER FACTOR(P.F.)—Ratio of kilowatt power to kilovoltamperc apparent power,expressed in%. PREMISES— A building and its grounds. PRIMARY VOLTAGE—Nominal voltage of 601 Volts to 15,000 Volts. RATE— The unit prices as established by the Board's rate-making body and the quantities to which they apply as specified in the Rate Schedule. RATE SCHEDULE — A filed statement of the electric Rate and the terms and conditions governing its application as established by the Board's rate-making body. RESIDENCE (also residential)—Shall include one family, two family and Multi-Dwelling Structures containing three or more individual Dwelling Units,but not including High-Rise Housing Structures. RISER POLE— Pole where the transition takes place between underground and overhead Facilities. May be primary or secondary. SECOND SERVICE—Additional service of substantially the same characteristics usually supplied from the same source. SECOND SOURCE — Additional source of substantially the same characteristics supplied from a separate electric Distribution Line. SECONDARY VOLTAGE—Nominal voltage of 600 Volts or less. SERVICE ENTRANCE CONDUCTORS—The Customer-owned conductors between the Customer's main disconnecting device and the termination of the Board's service conductors. SERVICE LIMITER- Device used to minimize electric consumption by way of restricting amperage. SERVICE LOCATION—The point at which the Board has agreed to provide electric service. TRANSMISSION SYSTEM—That portion of the Board's system which delivers Electric Power with a nominal voltage of 138,000 Volts. TRENCH— A cut in the ground in which cables,pipes,etc.are installed. VOLT— Unit of electrical force. Approved:05/25/10 Effective: 07/01/10 Page 5 of46 General Provisions 4tometoW„Pa�o,e_Homrtownaowe: Electric Rule and Regulation 2 General Provisions Copies of the Board's Rate Schedules for electric service are open to public inspection at the Board's offices and are available on the Board's Internet Web site www.lbwl.com or upon request. Application for original, modified or added service shall be made at the office of the Board of Water and Light,Utility Services,730 East Hazel Street,Lansing,Michigan 48912. Any Person receiving or agreeing to receive electric service from Board Facilities shall be deemed a Customer of the Board subject to its Rates and these Rules and Regulations and responsible for the service used whether such service is provided under a signed agreement or not. Electric service will not be supplied to new or remodeled buildings until such installations have been inspected and approved by the appropriate inspection authority and are in accordance with these Rules and Regulations. Before purchasing equipment or installing wiring, the Customer should contact the Customer Projects and Development Department of the Board to determine the characteristics of the electric service available at the Premises,since all voltages may not be available. The Customer Projects and Development Department will inform the Customer of the Board's requirements,which must be fulfilled by the Customer,in order to receive electric service. The Board may discontinue electric service to any Customer for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Customer must pay a reconnection fee as stated in Rule 15 to cover the costs of restoring electric service that has been discontinued for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Board will release customer information in accordance with written customer authorization and Board policy. This document is intended to cover most situations where standardized policies and practices have been established. No officer, agent or employee of the Board has authority to waive or modify the provisions of this document unless specifically authorized to do so by the Board of Commissioners. The Board of Commissioners may revise this document at any time and may modify or suspend any portion of it temporarily or permanently. Approved:05/25/10 Effective: 07/01/10 Page 6 of46 Service Conditions Hometown People.HometownPbwer. Electric Rule and Regulation 3 Service Conditions 1. Character of Service The Board supplies 60 I lertz alternating current throughout its service area and will endeavor,but does not guarantee, to furnish a continuous supply of electric Energy and to maintain voltage and frequency within reasonable limits. The Board shall not be liable for interruptions in the service including without limitation,phase failure or reversal, or variations in the service characteristics, including but not limited to variations in frequency and voltage or for any loss or damage of any kind or character occasioned thereby, due to causes or conditions beyond the Board's reasonable control, and such causes or conditions shall be deemed to specifically include,but not be limited to,the following: acts or omissions of Customers or third parties; operation of safety devices except when such operation is caused by the negligence of the Board; absence of an alternate supply of service; failure, malfunction, breakage, necessary repairs or inspection of machinery, Facilities or equipment when the Board has carried on a program of maintenance consistent with the general standards prevailing in the industry;act of God;war;action of the elements; storm or flood; fire; riot; sabotage; labor dispute or disturbance, or the exercise of authority or regulation by governmental or military authorities. Notwithstanding any other provision of these rules, the Board may interrupt, curtail or suspend electric service to all or some of its Customers in accordance with the provisions of the Board's Emergency Electrical Curtailment procedures or as necessary to protect the health, safety and welfare of its employees or Customers. The Board shall be under no liability with respect to any such interruption, curtailment or suspension. 2. Description of Service A. Available Voltage (1) Single phase 120/240 Volt, three wire service is available for lighting and miscellaneous requirements. At the Board's option single phase 120/208V,three wire service may be made available. (2) Combined lighting and power service at 120/208 Volt,three phase, four wire; 120/240 Volt, three phase, four wire; or 277/480 Volt, three phase, four wire may be made available at the Board's option. (3) Three phase power service at 240 Volts, three wire, or 480 Volts, three wire, may be made available for Customers desiring a separate power service. The Board is not required to provide more than one lighting and one power service or one combined lighting and power service to a Customer's Premises. In cases where the Board permits a separate power source, the Customer shall pay the cost of providing this additional requirement. (4) If a Customer requires a three phase voltage different from the established voltage in the area, it may be furnished at the Board's option. In such cases, the Customer shall pay all extra costs involved. In the case where there is more than one established voltage in the area, the Board shall determine which voltage will be furnished and any applicable costs as determined by Rule 10,Rule 11 and Rule 15. Approved:05/25/10 Effective: 07/01/10 Page 7 of46 Service Conditions HametownPeople.Hometown Power. Electric Rule and Regulation 3 (5) Primary Voltage service is also available for Customers whose Demand is 100 kW or more. The Board shall determine the particular Primary Voltage available. All equipment necessary for the protection of the customer's equipment,the control of the electricity and utilization of service by the Customer shall be Board approved and shall be located on the Customer's side of the point of delivery and shall be furnished, installed and maintained by the Customer. Point of delivery shall be at the Board's electrical service connection to Customer owned equipment. For Customer owned transformer installations larger than those listed below, the Board may require the Customer to furnish, install and maintain special primary protective equipment. Primary Voltage (Phase to Phase) Combined Transformer—3 phase kVA 4,160 V 500 kVA 8,320 V * 1,000 kVA 13,200 V 2,000 kVA * This voltage is only available for existing Customers currently receiving this voltage. (6) Service shall be provided at voltages specified in this Rule 3. Customer will be responsible for making any voltage modifications beyond the Service Location for equipment requiring a voltage different from this Rule 3. B. Dual Voltage Transformers All Customer owned transformers installed in an area that is not currently served by 13,200 V distribution voltage will be required to be dual wound. In such cases, the Board may share in qualified additional costs of such Dual Wound Transformers. C. Agreements The Board may require the Customer to enter into a written agreement that details the terms and conditions and price to be paid by the Customer prior to electric service construction. In addition, the Board may negotiate written contractual arrangements as to the provision of necessary service Facilities,duration of service,amount of deposit and refunds thereon,minimum bills or other service conditions for Customers or prospective Customers whose Load requirements exceed the capacity of the available distribution system in the area or whose Load characteristics or special service needs require unusual investments by the Board in service Facilities or where there is not adequate assurance of the permanent use of the service. The Board may charge a Connect Fee when the Customer requests the service to be made active outside normal business hours as specified in Rule 15. No promises, agreements or representations of any agent or employee of the Board shall be of binding force upon the Board unless the same is within the authority of that individual and incorporated in the written agreement. D. Material Availability Subject to the restrictions contained in Rule 3.2.A, the Board will construct electric distribution Facilities and extensions only in the event it is able to obtain or use the necessary materials, equipment and supplies. The Board may, in its discretion, allocate the use of such materials, equipment and supplies among the various classes of Customers and prospective Customers of the same class. Approved:05/25/10 Effective: 07/01/10 Page 8 of46 Use of Service Hometown People.HometownPoweE Electric Rule and Regulation 4 Use of Service 1. General Electricity is supplied to a Customer for exclusive use on the Premises to which it is delivered by the Board. Service may not be shared with another,sold to another,or transmitted off the Premises without the written permission of the Board,except as noted in Rule 6. 2. Access and Damages The Customer shall provide and maintain appropriate access and working space around electric Facilities in accordance with all applicable electrical codes and Board standards so as to permit ready and safe operation and maintenance of such Facilities. If the Customer does not maintain appropriate access and working space to Board Facilities, the Board shall have the authority to reasonably remove the obstruction(s)hindering the Board's access to the Board Facilities and will have no obligation to restore the Customers premises, The Board's authorized personnel or agents of the Board shall have access to the Customer's Premises at all reasonable hours for all purposes necessary to conduct business,including without limitation: 1)install,inspect,read,repair, maintain,test or remove its meters 2)to install,operate and maintain other Board equipment or Facilities, and 3) to inspect and determine the connected electrical Load. If a meter,metering equipment or other Board property is damaged or destroyed through the neglect of the Customer, the cost of necessary repairs or replacements shall be the responsibility of the Customer. If,for any reason beyond its control,the Board is unable to read a meter,operate,maintain or make inspection including, but not limited to, reasons such as Premises being locked, meter being inaccessible,or unsafe conditions,then after due written notice to the Customer,the electric service may be disconnected until such time as arrangements have been made to permit access for Board inspection and approval, and the Customer has paid the appropriate reconnection fee as stated in Rule 15. 3. Customer Equipment The Board may deny or terminate service to any Customer whose wiring or equipment constitutes a hazard to the Board's employees, equipment or its service to others. However, the Board is not responsible to inspect the Customer's wiring or equipment and shall not be held liable for any injury or damage resulting from the condition thereof. The Customer shall install and maintain the necessary devices to protect Customer owned equipment against service interruptions,phase loss,variations in voltage and other disturbances on the Board's system, as well as the necessary devices to protect the Board's Facilities against overload caused by the Customer's equipment. 4. Power Quality The Customer shall use the service as not to cause interference,affect voltage,affect frequency,add harmonics, or otherwise cause other disturbances to the Board's system or another Customer's service. If the Board notifies the Customer of such a condition, the Customer shall discontinue operation of equipment causing such condition until a correction has been made. If the Customer does not remedy the condition within the Board requested timeframe, the Board will discontinue Approved:05/25/10 Effective: 07/01/10 Page 9 of46 Use of Service HametownPeople.HometownPowe. Electric Rule and Regulation 4 service until the Customer has remedied the situation and has paid fees for Investigations and Reconnections tinder Rule 15. The Customer will be charged for all costs associated with alterations to the Board's system required to continue proper operation of the Board's system in conjunction with the Customer's equipment. In determining the existence of disturbances,the Board will rely on the latest revision of Standard 519,IEEE Recommended Practices and Requirements for Harmonic Control in Electric Power Systems. The Board may also use other appropriate standards or criteria in determining disturbances to the Board's system. 5. Power Factor The Board is not obligated to furnish service to loads with a Power Factor of less than eighty-five percent(85%)whether newly installed, reconnected or moved to another location. The Customer will be required to provide,at no expense to the Board,suitable equipment for improving the Power Factor to at least eighty-five percent(85%). 6. Tampering The Board may discontinue service and seek criminal charges, if it is determined that the meter or wiring on the Customer's.Premises has been tampered with or altered in any manner to steal electricity. If the Board discontinues service for this reason, the Board shall restore service only after the Customer has paid the meter tampering fee and a reconnection fee as stated in Rule 15, made appropriate restitution for stolen service,and or damaged equipment and made provisions for an outdoor meter installation or other metering changes as may be required by the Board. 7. Discontinuation of Service Service may be voluntarily or involuntarily disconnected. A. Voluntarily (1) Service may be voluntarily disconnected per the Customer's request. The Board recommends that the Customer or the Customer's representative be present for the disconnection to ensure complete shutoff. It can be difficult for the Board to confirm that the service has been completely turned off if there is no one present at the premises during the shutoff. The Customer is responsible to advise the Board if the shutoff was not entirely effective. (2) Requests for temporary discontinuation of service for purposes such as winterization or seasonal occupancy shall be subject to a reconnection fee as stated in Rule 15 to cover the costs of restoring service. (3) Service may be voluntarily permanently disconnected. for demolition purposes by submitting a demolition request form. Permanent disconnection shall be completed at the cost of labor and material required to complete the termination. B. Involuntary (1) Service may be involuntarily disconnected in the following instances: (a) Noncompliance with applicable Rules and Regulations; (b) Noncompliance with Municipal,State and or Federal law;or (c) Issuance of a Court Order Approved:05/25/10 Effective: 07/01/10 Page 10 of 46 Metering Hometown People.HometownPowe% Electric Rine and Regulation 5 Metering 1. General All Enemy sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the Board except where it is impractical to meter, such as street lighting and temporary or special installation,in which cases the consumption may be calculated. 2. Installation/Ownership The Customer shall be responsible to install, own and maintain a metering enclosure(s). Meter enclosures may be furnished by the Board. The Board shall provide,own and maintain self contained meter(s) and Potential and Current Transformers. The customer shall furnish, install, own and maintain all other service equipment, and all wiring and conduits, from the weatherhead of an overhead service connection and from the point of service of an underground service connection. 3. Equipment Location A. The Customer shall provide, at no expense to the Board, a space/enclosure suitable to the Board for the installation of the necessary metering equipment. The Customer shall also furnish the space and the provisions for mounting current and potential transformers to meet Board requirements. Where the Customer desires to utilize a Board standard current and potential transformer enclosure,the Customer shall make a payment as specified in Rule 15. Inquiries regarding installation requirements and equipment approval should be directed to the Customer Projects and Development Department. B. The Board requires that the metering equipment for all residential and, where practicable, commercial and small industrial Customers be located outdoors on the Customer's building or structure. The meter shall be located within service pedestal line of sight and at the nearest point of attachment as practicable. The meter shall be located on the same half of the dwelling as the service pedestal and the service shall not pass under a driveway. Meters in existing indoor installations that are to be rearranged so as to affect the Service Entrance Conductors or service equipment shall be changed to outdoor installations where suitable locations are available. C. The Board must approve the mounting of metering equipment indoors in those cases where there is no suitable outdoor location. Indoor locations must be as near as practicable to the point where the Service Entrance Conductors enter the building. Interior walls, panels or meter boards on which meters are mounted shall be rigid and free from vibration and shall be located in a clean and dry part of the building. D. Meter sockets, meter connection boxes and instrument transformer enclosures shall not be used as junction boxes for supplying Customer's branch circuits or grounding conductor termination, and no wiring other than service entrance and bonding conductors shall be run through this equipment. Metered conductors from different meters shall not be placed in the same raceway between the meter and the main disconnect device. E. The height of single line meter settings shall not be less than four and one-half(4%)feet nor more than five and one-half(5%)feet above finished grade or floor level. Approved:05/25/10 Effective: 07/01/10 Page I I of46 Metering Hometown People.HometownPowei. Electric Rine and Regulation 5 F. When using stacked multiple meter socket panels, the lowest meter shall not be less than twenty-four (24) inches from the floor for indoor locations. For outdoor locations, the installed meter centerlines shall be a minimum of thirty(30)inches from finished grade,and a maximum of seventy-two (72) inches from finished grade, and shall be limited to a maximum four(4)meter stack. 4. Multiple Occupancy Buildings The metering and Customer's service equipment for multiple occupancy buildings where several floors, apartments, stores, etc. are rented separately should be grouped in a common meter room, public hallway or some other Board-approved location where they will be accessible at all times to Board authorized personnel or agents of the Board. Metering equipment in multiple occupancy buildings shall be plainly marked with metal tags or neat lettering and/or numerals identifying the portion of the building served. Such identification shall be the responsibility of the building owner. 5. Meter Calibration Request I Upon customer request and subject to applicable fees in Rule 15 the BOARD may check meter calibration to ensure it is within the De1111itted accuracy limits Of plus or minus 2%. jnaccurate meters Deleted:A Customer may request the will be repaired or replaced. Board to test the meter for calibration. The Board will perform such test to determine if the meter accuracy is within 6. Damaged Meters Deleted:If the test demonstrates the meter accuracy is within the allowed A. The Customer shall be held liable for damage to the meter from acts of carelessness limits,the Customer may be charged an negligence,or willfirl damage by owner or his tenants. The Board will repair or replace any amount as stated in Rude 15. Ifthe test demonstrates[hat the meter accuracy is meter so damaged,and the cost shall be billed to the Customer. outside ofthe plus or minus2%,the B. A customer requesting service in a location where the Board has an existing Service Board shall replace the meter. Connection,and the meter is missing broken or otherwise inoperable a Meter Replacement Fee shall be applied in accordance with Rule 15. 7. Rate 5 and 8 Meter installations After July 1,2002 all Customers selecting Rate Schedule 5 or Rate Schedule 8 shall install a phone line with active service to the meter enclosure in accordance with Board standards. The Customer shall be responsible for installation,maintenance and ongoing costs of the phone line. The Customer shall notify the Board of any phone number changes. The Board may impose a Meter Non- compliance Charge as specified in Rule 15 for each month the Customer has not complied with the requirements of this Rule 5.6. Approved:05/25/10 Effective: 07/01/10 Pagc 12 of46 IrwApplication of Rates Hometown People.HometownPowei. Electric Rule and Regulation 6 Application of Rates 1. General Residential Rates are predicated upon the Board not being required to provide more than one lighting service to a residential building or structure. All other Rates are predicated upon the Board not being required to deliver more than one lighting and one power service or one combined lighting and power service for the total requirements of each separate building or structure of the Customer, unless otherwise provided for in these Rules and Regulations. The Board shall separately meter and separately bill service at different points or at different buildings or structures unless specifically provided for in the applicable Rate Schedule. 2. Resale The owner or operator of an office building,apartment building,shopping mall,or similar structure may purchase Energy from the Board for resale to occupants on the condition that service to each occupant shall be metered separately and that the occupants may not be charged snore for such service than the appropriate Rate of the Board available for similar service under like conditions. In order to qualify for resale to tenants,the owner or operator must state in writing their intent to resell in the application for service. The owner or operator shall be responsible for payment of purchased Energy for resale as required by Rule 7. The Board shall have no obligation to furnish, test or maintain meters or other Facilities for the resale of service by the reselling owner or operator to the occupant. Billing records of the owner or operator may be audited once every 12 to 18 months using generally accepted auditing practices. The audit shall be conducted by the Board or if the Board elects,by an independent auditing firm approved by the Board.The reselling owner or operator shall be assessed a reasonable fee for an audit conducted by the Board. The owner or operator providing the resale shall be responsible for testing each occupant's meter at least once every 3 years. The accuracy of such meters shall be maintained within 2% for non Demand meters and within 1%for Demand meters. Meters shall be tested only by outside testing services or laboratories approved by the Board. A record of each meter, including testing results, shall be kept by the reselling owner or operator during the use of the meter and for an additional period of one year thereafter. When requested,the reselling owner operator shall submit certified copies of the meter test results and meter records to the Board. The reselling owner or operator shall render a bill once during each billing month to each of the occupants'or tenants in accordance with the appropriate Board Rate Schedule. Every bill rendered by the reselling owner or operator shall specify the following information; The Rate Schedule title, the due date,the beginning and ending meter reading of the billing period and the dates thereof,the difference between the meter readings;the amount due for distribution services and/or Energy use, as applicable to the Rate; subtotal before taxes, the amount of sales tax, other taxes where applicable; the amount due for other authorized charges; and the total amount due. The due date shall be 21 days from the date of rendition.The reselling owner operator shall be responsible for all collections and payment disputes for resale occupants. Approved:05/25/10 Effective: 07/01/10 Page 13 of 46 Application of Rates Hometown People.Hometown Power. Electric Rule and Regulation 6 The reselling owner or operator shall supply each occupant with an electric system adequate to meet the needs of the occupant with respect to the nature of service, voltage level and other conditions of service. If the reselling owner or operator fails to meet the obligations of this rule,the Board will notify the appropriate authorities and after reviewing with the reselling owner or operator, the problem(s) is not resolved,the Board may declare the reselling owner or operator in violation of Rule 2. The renting of Premises with the cost of electric service included in the rental as an incident of tenancy will not be considered a resale of such service. 3. Choice of Rates In some cases, the Customer may be eligible to take service under any one of two or more Rates. Upon request,the Board will advise the Customer in the selection of the Rate that will provide the lowest cost of service, based on the best available information, but the responsibility for the selection of the Rate shall be the sole responsibility of the Customer. After the Customer has selected a Rate, the Customer may not change from that Rate to another Rate until at least twelve (12) months have elapsed. The Customer shall not evade this rule by temporarily terminating service. The Board may waive the provisions of this paragraph where it appears that a change of the Rate is necessary for permanent rather than temporary or seasonal advantage. The intent of this rule is to prevent frequent changes from Rate to Rate. The Board shall not be responsible to refund the difference in charges under different Rates applicable to the same class of service,unless the Board provided an incorrect initial set-vice turn- on Rate setting or unless the Customer makes a written request and has a permanent change in Load profile. Any refund is subject to Board approval. 4. Reactive Power General Service Rates that include a capacity charge Demand Rate) may be subject to an adjustment for a reactive power charge based on registered reactive kilovolt Ampere hours (kVARh)during the billing period. All Primary Voltage installations will include kVARh teetering to determine the reactive power charge. The Board may require all or any Secondary Voltage Demand Rate Customers whose maximum Demand is 100 kW or more for six(6)months out of any one twelve(12) month period to install a kVARh meter for reactive power adjustment. Secondary Voltage Demand Rate Customers whose Demand is less than 100 kW may be tested with portable kVARh metering equipment to determine if permanently installed kVARh metering is justified. The Board may determine the average Power Factor by test and apply a reactive power charge. Customers who install Power Factor correction equipment may request that kVARh metering be installed. 5. Space Conditioning-Electric Water Heating Service Space Conditioning-Electric Water Heating Service Rate No. 12 is available to commercial and industrial Customers for space conditioning and water heating service as specified in the Approved:05/25/10 Effective: 07/01/10 Page 14 of46 Application of Rates Hometown People.HometawnPowei. Electric Rule and Regulation 6 availability clause in the Rate Schedule. Other uses of electricity at the Premises will be billed using an appropriate secondary General Service Rate. 6. Mobile Homes in Courts—Individually Served Service to new Mobile home Courts and expanded service to existing Mobile Home Courts shall be provided through individual tenant metering. Ordinarily,electric service to a mobile home shall be in the name of the occupant;however,service to lots designated for occasional or short-tern occupancy shall be in the name of the owner of the Mobile Home Court or an authorized representative. For riles covering installation of electric distribution and services for mobile homes in courts,see Rule 10.I.K. An individually served mobile home used as a Residence will qualify for an appropriate residential electric service Rate. 7. Apartment Buildings and Multiple Dwelling Structures 1. An apartment building or multiple dwelling stricture containing four(4) or less Dwelling Units may elect to be billed on the appropriate Residential Service Rate. 2. Apartment buildings or multiple dwelling structures containing five (5) or more Dwelling Units shall have each Dwelling Unit separately metered. 3. Apartment buildings or multiple dwelling structures constructed after March 1, 1979 shall have each Dwelling Unit separately metered. 8. Cogeneration and Small Power Production Facility Customers who utilize cogeneration or small power production equipment as an Ener> source may receive partial or standby service under the following applicable Board Rate Schedules: Residential Electric Service—Rate 1 General Service—Rate 3 Large General Service—Rate 4 Primary Service—Rate 5 Large Capacity Electric Service Rate—8 A Customer requesting electric service under this Rule shall enter into a special contract with the Board setting forth terms and conditions of service. Customers who elect to sell Energy to the Board will be paid for such Energy at the Rate specified in the applicable Rate Schedule as set forth above. When not so specified in the applicable Rate Schedule,the Board will pay for such Energy at a Rate which approximates its avoided costs. Approved:05/25/10 Effective: 07/01/10 Page 15 of46 Application of Rates t,ome�oW�reoPie.Homeeawnvower Electric Rule and Regulation 6 9. Billing Demand If a Customer's electric Load drops below the minimum Demand requirement of Rate No.4,5,or 8 the Board reserves the right to change the billing Rate of this service to another appropriate General Service Rate. 10. Minimum Charges A minimum charge,as defined by the Rate in effect,shall be applied to all services and billed to the Customer. Where the Customer requests that a service be discontinued,the Board shall deactivate the service by any appropriate means, including without limitation, removing the meter and/or by disconnecting the service from the Board's distribution system. 11. Property Owner-Rental Agent Agreement for"Leave On"Service: The Board may waive application charges to maintain continuity of service at rental property locations provided: (1) the landlord agrees in writing to assume the responsibility for electric service during the interim between tenants,and(2)the landlord is in compliance with all other rules and regulations of the Board. Approved:05/25/10 Effective: 07/01/10 Page 16 of46 Responsibility for Payment of Bills Hometown People.HometownPowei. Electric Rule and Regulation 7 Responsibility for Payment of Bills 1. General Each Board Customer is responsible to pay all utility bills as rendered on or before the due date shown thereon. The Customer remains responsible for payment of the bills until the Customer orders service to be discontinued and the Board has had reasonable time to secure a final meter reading. Bills are rendered on approximately a monthly basis. Bills are mailed to Customers approximately fifteen (15) days before the due date shown on the bill. The Customer shall pay the net amount if paid on or before the due date on the bill. Failure on the part of the Customer,through no fault of the Board,to receive the bill shall not entitle the Customer to pay the net amount after the due date of the bill. If a bill remains unpaid after issuing a five(5)day written shut-off notice,the Board shall have the right to discontinue service. In extenuating circumstances, a Customer will be afforded the opportunity to make payment arrangements. Jn accordance to State Law_the Board will not shut off electric service to an eligible Deleted:Service shall not be customer for non-payment on delinquent accounts November 1 throu€�h March 31. An eligible residentiuea for ngleun-paymentw residential,single unit services from customer is defined as an identified senior citizen who is 65 years of age or older, or a low income December I to March 31. customer who is currently enrolled in the Winter Protection Payment Plan. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing,pending results of the hearing. Service may be discontinued for nonpayment of bills that are not in dispute. The Board may also require individual Customers to enter into a written "Billing Service Agreement,"insuring that the Customer is responsible for all services used and rendered. The Board will make billing history available to Customers at no charge,provided the information is currently stored on an active database. Customer request for billing history that is no longer on an active database will be subject to payment of hourly fees based on the average burdened hourly wage of the Board employee assigned to perform the research and compilation of the data. The Board will charge a"Non Sufficient Funds Fee"in accordance with Rule 15 for returned checks. 2. Estimated Consumption Readings may be estimated when conditions warrant. Until reconciled by an actual reading, bills rendered on estimated consumption have the same force and effect as bills rendered on actual meter readings. If for any reason all consumption used cannot be registered accurately,the unmetered portion shall be estimated by the Board on the basis of prior consumption or the operating characteristics of the building a� nd equipment. 3. Billing Errors A. When an error is found to exist in the billing rendered to a Customer,the Board will correct such error to recover or refund the difference between the original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three(3)years from the date the error is discovered. Refunds to Customers will normally be made promptly upon Approved:05/25/10 Effective: 07/01/10 Page 17 of46 Responsibility for Payment of Bills Hometown People.Hometown Power. Electric Rule and Regulation 7 discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. B. When an error is found to exist in the billing of a contract or service agreement with or governing the Customer, the Board will correct such error to recover or refund the difference between original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. 4. Account Security Deposits The Board shall require an account security deposit from any new or existing Customer with an unacceptable credit history with the Board. The Board sliall apply different rules to new Customers signing up for service in accordance with Rule 7A.B. The deposit is normally 2 times the average monthly bill(actual or estimated)as determined by the Board and shall be applied according to Rule 15. Security Deposits shall be administered in accordance with Customer Service established Standards and Guidelines. The Board may waive deposits in special circumstances. The Board may also demand deposits larger than 2 times the average monthly bill if the Board determines that a Customer presents a higher than normal credit risk. A. Unacceptable credit history includes but is not limited to the following: (1) The Customer has deliberately misinformed or misrepresented facts to the Board. (2) The Customer misrepresents their identity. (3) Tile Customer has diverted or interfered, in an unauthorized manner, with utility service in the past 6 years. (4) The Customer has had one or more payments canceled in the last 12 months due to:(1)non- sufficient funds returned check, (2) account closed returned check, (3) non-sufficient funds bank bill, (4)account closed bank bill,(5) credit card reversal, (6)or other payment method cancellation. (5) The Customer has a prior account that is delinquent within the last 6 years. B. New Customers may not be required to submit a deposit,in any of the following situations: Residential Customers (1) The Customer has no service history with the Board and has been permitted into the Good Faith Deposit Program in accordance with Customer Service established Standards and Guidelines. (2) The Customer has previously established an acceptable payment history with the Board on a similar account. (3) The Customer's bill is paid by a governmental agency. (4) The Customer secures a guarantor;the guarantor has an acceptable payment history. (5) The Customer provides an acceptable surety bond. Approved:05/25/10 Effective: 07/01/10 Page 18 of46 Responsibility for Payment of Bills Hometown People.HometownPowei. Electric Rule and Regulation 7 (6) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. Commercial and Industrial Customers (1) The Customer has previously established an acceptable payment history with the Board on a similar account. (2) The Customer's bill is paid by a governmental agency. (3) The Customer secures a guarantor;the guarantor has an acceptable payment history. (4) The Customer provides an acceptable surety bond. (5) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. The Board will refund deposits to all Customers who have taken service for 12 months and have an acceptable payment history. The Board will also refund deposits to Customers who have voluntarily terminated service and paid all charges due. The Board will pay simple interest accrued on Account Security Deposits held. No interest will be paid until the deposit is returned to the customer. The interest rate will be updated on July 1 of each year. The interest rate used to calculate interest will be the sum of the Federal Funds rate in effect on the last day of March of the current year plus.25%. Approved:05/25/10 Effective: 07/01/10 Page 19 of46 Dispute and Hearing Procedure Hometown People.HometownPower. Electric Rule and Regulation 8 Dispute and Hearing Procedure 1. Disputes In accordance with the Lansing City Charter,the Board is required to provide a fair and equitable dispute and hearing process for its Customers as follows: A. When any Customer disputes a bill or service and the Board is so advised in writing, the date of the notice of dispute will be recorded. B. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing, pending results of the hearing. Service may be discontinued for nonpayment of bills that are not disputed. C. The disputed bill or service will be investigated promptly and completely. D. The Customer will be advised of the results of the investigation. E. An attempt will be made to resolve the dispute in a manner mutually satisfactory to both parties. F. The Board will provide the opportunity for each Customer to enter into a reasonable settlement agreement in order to mutually resolve the disputed claim or to satisfy any liability not in dispute. G. If a settlement cannot be reached between the Customer and the Board's Account Administrator, the Customer may choose to appear before the Board's Dispute Review Committee. The review will be scheduled within ten(10)days of the request or as mutually agreed to by both parties. H. If a settlement cannot be reached following examination by the Dispute Review Committee, the account will be referred to the Board's General Manager. I. If a settlement is not reached after review by the Board's General Manager,the Customer shall be afforded an opportunity for a hearing. J. The Customer shall be responsible for payment of all other bills or portions of bills as rendered which are not in dispute. 2. Hearings A. Any Customer who disputes the services provided or a billing for services furnished in accordance with the Board's filed Rates, Rules and Regulations or established policies or procedures may request a hearing. If a hearing requested is based on a disputed past due bill,the request must be made within ten (10) calendar days following the final outcome of the dispute process. Any request for a hearing may be made in writing and received by the Board's corporate office at 1232 Haco Drive,Lansing,Michigan,48912. B. On receipt of a request for a hearing, the Board will forward this request to an independent Hearing Officer. The Hearing Officer will arrange a time for the hearing and advise both the Customer and the Board of the date,time and location in writing. The hearing will be scheduled during normal business hours. Failure of the Customer or Board to attend the hearing without due cause or prior request for adjournment will constitute a waiver of right of that party to the hearing. C. The Board and the Customer shall: (1) Have the right to be represented by Counsel or other persons of their choice. (2) Have the right to present evidence,testimony and oral and written argument. (3) Have the right to cross-examine witnesses appearing on behalf of the other party. Approved:05/25/10 Effective: 07/01/10 Page 20 of46 Dispute and Hearing Procedure Hometown People.Hometown Power. Electric Rule and Regulation 8 (4) Have the right to have the hearing recorded by a court reporter at the expense of the party requesting a court reporter. The Hearing Officer shall also have the right to have the hearing recorded by a court reporter. Recordings will be preserved at least six(6)months from the date of the hearing. All evidence relevant to the dispute will be received. D. For each hearing, the Hearing Officer shall compile a hearing record which will contain; (1) A concise statement in writing of the position of the Board in relation to the dispute. (2) A concise statement in writing of the position of the Customer in the dispute. (3) Copies of all evidence submitted by the parties. E. If a decision is reached during the hearing, the Hearing Officer shall state the decision to both parties. If the Hearing Officer does not reach a decision during the hearing,additional time will be allowed to reach a decision. When a decision has been reached,either at the hearing or later, the Hearing Officer will prepare a report which shall contain the following: (1) A concise summary of the evidence and argument presented by the parties. (2) The decision and a statement that the decision of the Hearing Officer was based solely on the evidence presented and reasons therefore. (3) Advise that the representatives of the Board and the Customer have a right to file an appeal with the Board of Commissioners. (4) A statement as to any settlement agreement. (5) A statement that the dispute determination is binding on both parties unless appealed to the Board of Commissioners within ten(10)days of the date of mailing of decision,and that any request for appeal must be in writing to the Corporate Secretary, F. The Hearing Officer shall file the written report with the Board of Commissioners and the Mayor of the City of Lansing. A copy of the report shall be sent to the Customer via certified mail. G. If the dispute is unresolved and the decision appealed, the Hearing Officer shall make recommendations to the Board of Commissioners on the dispute. The Secretary of the Board will arrange a time for the appeal and advise both the Customer and the Board of the date,time and location in writing. Failure of the Customer to appear at the time set for the appeal without due cause, or to request an alternate date, will constitute a forfeiture of the dispute. The decision rendered by the Board of Commissioners will be final. Approved:05/25/10 Effective: 07/01/10 Page21 of46 W - Sale and Lease of Service Facilities Hometown People.HometownPowei. Electric Rule and Regulation 9 Sale and Lease of Service Facilities 1. General To qualify for a primary electric service Rate,the Customer must own and maintain or lease from the Board all the necessary transforming,primary switching,primary metering and protective equipment required for such service and the entire electrical requirements must be supplied through a Board approved metering installation. This service is offered at the option of the Board and the Customer shall meet the requirements of this Rule 9, Rule 3.2.A.(5) and all electrical codes and Board standards. Prior to sale or lease of a Board owned installation for a primary electric service Rate,this installation shall be required to meet all applicable electrical codes, which may require the Customer to install additional equipment such as gang-operated disconnect devices and protective devices. Once the applicable code requirements are met,and subject to Board approval,the Customer will be allowed to purchase or lease the Board owned transformer(s) and associated equipment at estimated fair market value. Upon compliance with the provisions of this Rule 9,the Customer will be placed on the applicable primary electric service Rate. After date of sale, the Board disclaims any rights or ownership or responsibility for the equipment or Facilities and purchaser accepts the equipment or Facilities as is without warranty either express or implied and, further, the responsibility for any and all replacement, maintenance and/or repair as/or when needed wholly rests with the Customer. Approved:05/25/10 Effective: 07/01/10 Page 22 of46 Distribution System Extensions HometownPeaple.Hometown-Power. Electric Rule and Regulation 10 Distribution System Extensions 1. General A. Request for Distribution System Extension Rule 10 sets forth the conditions under which the Board will extend overhead,underground or combination overhead and underground electric distribution systems. B. Ownership The Board will provide, own, maintain and specify all of its distribution Facilities including location, except as otherwise expressly provided herein. No ownership rights to Board Facilities shall pass to any owner(s), developer(s), or Customer(s) by reason of any contribution required hereunder. A Board owned three phase padmounted transformer shall be installed within 25 feet of a drivable surface suitable for truck access. A drivable surface suitable for truck access shall be defined as asphalt paving, concrete or gravel four season road that is provided by the customer or developer, where the surface is accessible to a driveway, parking lot or public roadway. C. Nonrefundable Contribution for Underground Extensions The owner(s), developer(s) or Customer shall be required to make a nonrefundable contribution in aid of construction to the Board prior to construction, to cover the estimated difference in cost between overhead and direct burial underground Facilities. Residential: In Subdivisions: The amount of the contribution shall be computed on the basis of front lot footage as determined by the Board. Where underground distribution system extends through areas within a subdivision that are undeveloped or consists of lots for future use, the front footage measurement of both sides of the street or easement along which the cable extends will be the basis for such contribution. The "Residential Underground Distribution Extension"charge for this contribution shall be as stated in Rule 15. Outside Subdivisions: The amount of the contribution shall be computed on the basis of"french footage required and to be installed. The "Residential Underground Distribution Extension"charge for this contribution shall be as stated in Rule 15. Commercial.Industrial and Multi-Dwelling Structures: The amount of the contribution shall be computed on the basis of Trench footage required and transformer capacity to be installed. The"Commercial Underground Distribution Extension' charge and "Transformer kVA Capacity" charge for this contribution shall be as stated in Rule 15. Approved:05/25/10 Effective: 07/01/10 Page 23 of46 ( Distribution System Extensions Hometown People.HometownPowei Electric Rule and Regulation 10 D. Deposit The Customer may be required to make a deposit based on the following: (1) For Customer(s)to be served within one year: (a) The Board shall require a deposit from the Customer, prior to construction, in the amount that the estimated cost of the distribution extension exceeds one and one-half(1'/2)times the estimated new Annual Revenue to be received from the Customer(s). Any nonrefundable contribution in aid of construction made will be credited against the cost of such extension for purposes of this calculation. (b) When serving residential subdivisions,the Board shall require a deposit from the Customer, prior to construction, in the amount that the estimated cost of the distribution extension exceeds one and one-half(I%2) times the estimated new Annual Revenue to be received from the Customer(s)based on up to 1/3 of the lots to be served by the distribution system to be immediately constructed. Upon request and sufficient documentation by the Customer(s), the Board may calculate the estimated new Annual Revenue based on more that 1/3 of the lots to be serviced by the distribution to be immediately constructed. Any nonrefundable contribution in aid of construction made will be credited against the cost of such extension for purposes of this calculation. (c) The Board shall have the final determination of estimating loads,consumption and revenue of distribution extension and services to calculate Annual Revenue. (2) For serving Loads of questionable stability or development: A deposit, if required, by the Customer will be based on an evaluation of the Board's recovery of capital cost along with other business related matters. Rule 10.1.C. "Nonrefundable Contribution for Underground Extensions" may not apply to distribution system extensions evaluated under this section herein. Prior to the installation of a distribution system, the owner(s), developer(s) or Customer(s) who are to make any contribution required hereunder shall be required to enter into a written agreement. The agreement will generally describe the proposed distribution system and set forth the respective obligations of the parties. Such agreements shall be subject in all respects to the provisions of this Rule 10. Each proposed system shall be a separate and distinct unit and any extension thereof shall, if agreed to by the Board,be made the subject of a separate written agreement. E. Refunds Distribution Line extension deposits made with the Board shall be subject to refund without interest during the first five (5) twelve (12) month periods from the date of the written agreement for a distribution system extension as required by this Rule 10.1.13. Refunds will only be made to person(s) making the deposit and shall cease when they equal the amount deposited or at the close of the fifth twelve (12) month period following the month during which the line extension is completed,after which the Board shall have no further obligation to refltnd any remaining portion of the line extension deposit. Approved:05/25/I 0 Effective: 07/01/10 Page 24 of 46 Distribution System Extensions Homi ownP wn Power. Electric Rule and Regulation 10 The Board will refund to the party making the deposit: 1) $500 for each additional new residential permanent Customer(s)directly connected to the extension and; 2) An amount equal to one and one-half(1%:) times the first year estimated Annual Revenue less the distribution system construction cost for each additional new commercial/industrial permanent Customer(s)directly connected to the extension. Directly connected Customers are those that do not require the construction of more than 300 feet of primary and/or secondary Distribution Lines. Refunds will not be made until the original Customer(s)or its equivalent are permanently connected to the extension. F. Economic Development Offsets Where the Board determines that the distribution system extension will promote development that provides substantial and sustainable economic benefits to its Customers or the Lansing region, the Board will consider an offset to its fees and charges and/or an economic incentive subject to its availability. G. Easements and Tree Trimming/Removal Permits Prior to the installation of any distribution system,the owner(s),developer(s)or Customer(s) shall be required to furnish,at no expense to the Board,recordable easements,granting right- of-ways suitable for the installation and maintenance of the distribution system including any street lighting cables and distribution equipment as designed by the Board for present and future service. The owner, developer, or Customer shall also, in a form satisfactory to the Board, grant the Board permission to trim and remove trees as necessary to protect the integrity of its distribution system and the safety and welfare of its employees and the public. In the event the required easements and tree trimming and removal permits are not provided by the owner(s), developer(s) or Customer(s) for such extension, the Board may elect to construct all or any part thereof along public highways or other private property. In such event, the Board may require the owner(s), developer(s) or Customer(s) to pay the added construction expense occasioned by the use of such highways or other private property,plus any expense encountered in acquiring permits and easements on other private property when necessary to provide service to the owner(s),developer(s)or Customer(s). H. Non-Standard Equipment Where the Customer requests that the Board utilize equipment which differs from its normal specifications, purchased or installed, the Board may elect to provide such non-standard equipment with the Customer paying any additional cost. 1. Non-Standard Construction Where,in the Board's judgment,practical difficulties exist such as unexpected governmental requirements, frost or wet conditions,contaminated soil,rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. Approved:05/25/l0 Effective: 07/01/10 Page 25 of 46 Distribution System Extensions Hometown People.Hometown Power. Electric Rule and Regulation 10 J. Other Facilities The Board may elect to prohibit the construction of sanitary sewers and water Facilities in its easement so that sewer and water connections can be made without undermining electrical ducts or cables. It will be the responsibility of the owner(s),developer(s)or Customer(s)to provide locations of any existing privately owned underground Facilities such as lawn sprinkler systems,field drainage systems,septic tanks,Customer owned electric lines,etc. If privately owned Facilities are not properly located,the Board does not assume responsibility for any damage to these Facilities. K. Customer Provided Facilities Customers who will be served by an underground distribution system and whose Load requires the installation of a padmounted transformer(s) larger than 500 kVA shall be required to own, install and maintain a concrete platform(s) constnicted according to the Board's specifications. Where it is necessary or requested to place the Board's pole(s),transformer(s)or other above- grade equipment in an area on the Customer's property which is susceptible to vehicular traffic, it will be the Customer's responsibility to install guard posts to the Board's specifications or the Board will install them on an estimated installed cost basis L. Mobile Home Courts Underground distribution systems and services for Mobile Home Courts shall be installed under the provisions of this Rule 10 and Rule 11,except that the Board will provide, install and maintain suitable meter supports which will be located along the Main Line Trench at locations as specified by the Board. The Board will install, own and maintain the entire underground electric distribution system, including the pre-metered portion of the service laterals. The service conductors from the meter to the mobile home shall be the responsibility of the Mobile Home Court owner. M. Street Lighting The Board may provide street lighting in areas served directly by its distribution system subject to the governing entity's approval Board approved standards and the Board's Rate Schedules. The governing entity shall be required to sign a Street Light Construct and Billing Agreement, The Board may provide underground street lighting in areas served directly by underground distribution systems. (1) Where applicable street lighting facilities including standards,luminaries,cables and associated facilities will be installed after curb and gutter installation. (2) Street lighting facilities will be installed utilizing the direct buried method as described in Rule 10 Section 2 except where applicable per Rule 10 section M. (3) Underground conduits shall be installed under all drivable surfaces. (4) Where applicable a reasonable effort should be made by the governing entity and its contractor to coordinate the installation of conduits during road and driveway construction. Approved:05/25/10 Effective: 07/01/10 Page 26 of46 a Distribution System Extensions HometuwnPeopte.HomemwnPoweF. Electric Rule and Regulation 10 (5) Conduits will be installed across all quadrants of intersections where street lights are proposed at locations to be specified by the customer projects engineer. The customer projects engineer may reduce or increase the number of conduits to meet the conditions of the system or site. (6) Street lighting underground cables will be installed at a minimum of 12 inches and a maximum of 24 inches behind back of curbs,gutter or drivable surface delineation. Depth of cable is as defined in Rule10 Section 2. Trenching and Duct. (7) Where concrete is continuous between curb and sidewalk and or property line conduits shall be installed from light to light. Handholes will be installed at each light standard. The number of conduits installed will be specified by the customer projects engineer. (8) Standards and poles will be installed 3 feet behind the back of curb or drivable surface and 6 feet from any curb radius or driveway. Exceptions shall be approved by the customer projects engineer. (9) Street Lighting facilities installed on State of Michigan Highways or trunk lines will be installed according to the MDOT standards and approvals. (10) Roadway traffic signs may be installed on existing street light poles and standards with approval from the governing entity.Installation of signs shall be completed by the governing entity or its approved contractor. Signs shall be installed utilizing Board approved methods and materials and meet all local codes. (11) Illumination levels,street lighting design and installation will be determined by the latest standards and guidelines set forth by the Illuminating Engineering Society of North America and Board. Any deviations from these guidelines and standards must be submitted in writing and approved by governing agency and the Board. N. Outdoor Protective Lighting The Board may provide Outdoor Protective Lighting (OPL) in areas served directly by its distribution system subject to the governing entity's approval, where applicable, Board approved standards and the Board's Rate Schedule. The customer shall enter into a Board Outdoor Protective Lighting(OPL)Contract. (1) OPL's may be installed on existing poles as approved by the customer projects engineer. (2) OPL's may be fed from overhead distribution or underground distribution. (3) Where applicable OPL facilities including standards,luminaries,cables and associated facilities will be installed after curb and gutter installation. (4) Underground OPL facilities will be installed utilizing the direct buried method as described in Rule 10 Section 2 except were applicable per Rule 10 section M. (5) Where applicable to the installation underground conduits shall be installed under all drivable surfaces. (6) Where applicable a reasonable effort shall be made by the customer and its contractor to coordinate the installation of conduits during road and driveway construction. (7) OPL underground cables will be installed at a minimum of 12 inches and a maximum of 24 inches behind back of curbs,gutter or drivable surface delineation. Depth of cable is as defined in RulelO Section 2. Trenching and Duct. (8) Where concrete is continuous between curb and sidewalk and or property line conduits shall be installed from light to light. Handholes will be installed at each light standard. The number of conduits installed will be specified by customer projects engineer. (9) Standards and poles will be installed 3 feet behind the back of curb or drivable surface and 6 feet from any curb radius or driveway. Exceptions shall be approved by the customer projects engineer. Approved:05/25/10 Effective: 07/01/10 Page 27 of 46 $ t Distribution System Extensions Hometown People.Hometown Power. Electric Rule and Regulation 10 (10)Illumination levels,street lighting design and installation will be determined by the latest standards and guidelines set forth by the Illuminating Engineering Society of North America and Board. Any deviations from these guidelines and standards must be submitted in writing and approved by governing agency and the Board. O. Subdivisions The Board will install underground electric distribution systems for all new subdivisions. Likewise, where a new subdivision is located adjacent to an existing overhead distribution system,the Board will generally provide underground service from these overhead Facilities unless the local governmental authority approves the use of individual overhead service connections. P. Available Voltage If a Customer requires a three-phase voltage different from the established voltage in the area,it may be furnished at the Board's option. In such cases, the Customer shall pay all extra costs involved. In the case where there is more than one established voltage in the area, the Board shall determine which voltage will be furnished. Q. Construction Date of Distribution Extension The Board will,based on availability of work crews and material, and subject to approvals of the appropriate regulatory agencies,utilize best efforts in constructing the distribution extension to meet a mutually agreed upon date. 2. Trenching and Duct The owner(s),developer(s)or Customer(s)shall be required to provide,at no expense to the Board, rough grading (within six (6) inches of finished grade) prior to the installation of the Board's Facilities so that the underground electric distribution system and street lighting cables,if any,can be properly installed in relation to the finished grade. Owner(s), developer(s), or Customer(s) shall install and maintain permanent survey stakes indicating property lines,at no expense to the Board, after rough grading,and prior to installation of the Board's Facilities. The Board's construction standards for the installation of direct burial primary and secondary cables require a minimum cover of thirty-six (36) inches for primary cable and thirty (30) inches for secondary cables and a maximum cover of forty-eight(48)inches,unless otherwise approved by the Customer Projects and Development Department and,in no cases,shall the Board allow any Board owned cable Facilities to remain energized when in known violation of the minimum depth requirements of the National Electrical Safety Code. Any subsequent relocation of Board Facilities required because of a change in grade that violates this minimum depth requirement shall be done by the Board and billed at actual cost to the owner(s), developer(s) or Customer(s) causing for the violation. The Board may jointly utilize Trenches for primary, secondary cable and service conductors with other utilities. The other utility(s)electing to utilize joint trench will be responsible for payment of "Joint Trench Charges" in accordance with Rule 15, "Joint Trench Charges". All Trenching and backfilling will normally be provided by the utilities;however,the developer shall be responsible for all extra expense involved if paving is installed before cable or conduit crossings are in place. Approved:05/25/10 Effective: 07/01/10 Page 28 of46 Distribution System Extensions HomeItoHumetownPower. Electric Rule and Regulation 10 The Board may elect at its sole discretion to install additional conduit or duct at the request of other utility providers. The utility(s)utilizing the conduit or duct will be responsible for payment of joint installation in accordance with Rule 15. The Board will backfill Trenches for primary and secondary cables with the same material as has been excavated and with minimum compaction except in cases where material removed is found to be rubble,debris or unsuitable as determined by the Board. In such cases, sufficient sand shall be provided by the owner(s) or developer's), at no expense to the Board, or the Board may, at the owner's expense,furnish the sand to backfill six(6)inches below and above the Board's cables. Where it is necessary for Trenching and installation of underground electric Facilities to be scheduled during the "Winter Construction Period" as defined in Rule 15, the Customer may be required to pay a"Winter Construction Charge"as established therein. As an option,the Customer or developer may elect to provide all Trenching,backfill and restoration on the Customer's or developer's property to the Board's specifications. Prior to the installation of the Board's direct burial electric Facilities in a Trench provided by the Customer or developer,the Trench shall be inspected by the Board's authorized personnel for proper depth and cleaning of debris. The first inspection shall be at no charge, and all subsequent inspections may be subject to a"Site Inspection"fee as defined in Rule 15. If the Board determines that an installation is not practical for direct burial cable, the Board will require ducts. The owner shall be responsible to own, install and maintain ducts, manholes and vaults located on the owner's Premises when: A. The owner requests these Facilities; B. Direct burial installation is impractical; C. The Board requires these Facilities as an extension from a similar existing system,or; D. Other reasons as may be determined by the Board. Otherwise, the Board shall own, install and maintain such ducts and associated Facilities. Ducts, manholes and vaults shall be installed in accordance with the Board's specifications. 3. Conversion of Existing Overhead Distribution Systems and Associated Services At the request of a Customer, the Board will, if feasible, convert any existing overhead electric distribution system and associated overhead services,including any provisions for street lighting,to underground distribution Facilities. Prior to the commencement of the conversion of any existing overhead distribution systems and associated services,the Customer(s)shall be required to make a nonrefundable contribution in aid of construction. The contribution in aid shall reimburse the Board for the estimated fair market value of the existing overhead Facilities comprising such system plus the cost of removal less the salvage value thereof,plus the cost of the new underground Facilities including,without limitation,the cost of breaking and repairing streets,walks,parking lots,driveways,and the cost of repairing lawns and replacing shrubs,flowers,sod. Approved:05/25/10 Effective: 07/01/10 Page 29 of 46 Distribution System Extensions Hometown People.Hometown Power. Electric Rule and Regulation 10 Should the conversion of these Facilities cause the installation or re-arrangement of other overhead Facilities in the area,the Customer(s)shall reimburse the Board for the installed cost involved in re- arrangement or installation of other existing Facilities. Conversion of any existing overhead electric distribution system and associated overhead services are also subject to the easement provisions of Rule 10.1.F. Any additional rewiring of Customer owned Facilities made necessary by the conversion of an overhead service to any underground service shall be the responsibility of the Customer. Pole attachments other than the Board's are the responsibility of the attaching party. 4. Electric Facility Relocations and Removals At the request of a Customer or developer, or as required due to a conflict, or to meet Board Standards,the Board will relocate or remove its electric and associated Facilities provided: A. The relocation or removal is feasible and meets Board Standards. B. The Customer or developer obtains approval from all Customers impacted by the proposed relocation. C. The relocation or removal does not degrade electrical reliability D. All governmental approvals,permits and easements are obtained Prior to any relocation or removal of electric Facilities,the Customer or developer shall be required to make a nonrefundable contribution in aid of constriction. The aid in contribution of construction shall reimburse the Board for all relocation and removal costs including material, labor,the cost of breaking and repairing streets,walks,parking lots,driveways,etc.,repairing lawns,replacing shrubs, flowers, etc., and any right-of-way costs as per this Rule 10, plus the cost of any necessary modifications to the Board's electric distribution system affected by the relocation or removal, less the salvage value of any portion of the electric Facilities removed. Where relocation or removal of electric Facilities is necessary to serve new or additional Load,the Board may elect to credit all or a portion of the value of any associated revenue to the cost of relocation or removal. The only exception to these relocation provisions will be the relocation of the Board's electric Facilities within public right-of-way that blocks the access to the first driveway to a residential Premise. There will be a charge for relocation work to provide access to any additional driveways to these Premises. Proof of driveway permits will be required prior to any relocation work. 5. Distribution System Extensions for Second Source A. The Board will not construct at its own expense a second electric source to any facility,new or existing,that can be adequately served with a single source as determined by the Board. Except that a Second Source shall be required for Customers served from the Board's underground lead cable system and the Board may require a nonrefundable contribution in aid of construction as determined by Rule 10.I.D. B. The Customer may have the additional source installed by making a nonrefundable contribution in aid of construction to the Board, in advance,to cover the entire cost of extending the Board's electric Distribution Lines to the Customer's Facilities, and any other cost incurred due to increasing the capacity of the Board's existing distribution Facilities. Approved:05/25/10 Effective: 07/01/10 Page 30 of 46 Distribution System Extensions Hometown People.HometownPowei. Electric Rule and Regulation 10 C. Where the reasonable probability exists for future Customers to be connected to the proposed Second Source line extension, the Board may elect to enter into a line extension agreement in accordance with the applicable provisions of this Rule 10. D. In the case of a request for a Second Source,the Board will endeavor,but does not guarantee,to maintain at all times two separate sources to the Customer's Facilities. Approved:05/25/10 Effective: 07/01/10 Page 31 of46 i Services Hometown People.Hometown Power. Electric Rule and Regulation 11 Services 1. General The Service Entrance Conductors shall be furnished, installed and maintained by the Customer in accordance with the National Electrical Code or other applicable local codes and shall conform to the Board's specifications. The Service Location shall be specified by the Board and shall be located so that the Board's service Facilities meet or exceed all clearance requirements of the National Electrical Code, National Electrical Safety Code and other applicable law,regulations and local codes. Service shall not be provided to a Service Location through an existing structure. Should it become necessary from any cause beyond the Board's control to change the Service Location, the entire cost of any changes in the Customer's service shall be the responsibility of the Customer. Should it become necessary for the Board to reinforce or upgrade area distribution Facilities to accommodate the requested service, a nonrefundable contribution in aid of construction may be required as determined by Rule 10.I.D. Any poles,wires and other equipment required at or beyond the Customer's meter shall be furnished, installed and maintained by the Customer. The Board will maintain and repair only those service conductors owned by the Board except as provided in Rule 11.6. In the course of maintaining or repairing service conductors, the Board shall bear no responsibility for damage incurred or restoration to areas where the service conductors pass under any area not readily accessible. The Customer shall be responsible for additional repair costs due to these encumbered services or for damage as a result of negligence, willful damage or carelessness by the Customer,owner or tenants. 2. Application for Service A. Request for existing services Request for existing services are taken by the Customer Service Department at the Board main office at 1232 Haco Drive, Lansing MI 48912 or by calling (517) 702-6006 during normal business hours. B. Request for new services Request for new services are taken by the Utility Services Section of the Customer Projects and Development Department at Board offices at 730 E. Hazel Street,Lansing MI 48912 or by calling(517)702-6700,during normal business hours. C. Residential Service Applications The Board is required to exercise due diligence in an effort to prevent identity theft. To establish service/account, customers are required to comply with the Board's effort by producing acceptable elements of positive identification. Acceptable elements of a positive identification include but are not limited to the following: Approved:05/25/10 Effective: 07/01/10 Page 32 of46 i Services Hometown People.Hometown Power. Electric Rine and Regulation 11 1. Full Name(an account can only be in one person's name) 2. Date of Birth 3. Address ( a copy of the mortgage or lease agreement may be required to verify residency) 4. Telephone Number 5. Email Address 6. Social Security Number ( Only required if the customer can not or will not verify their identity in person) 7. State or Governmental issued Identification (i.e. Drivers License, Military ID, Passport) D. Commercial Service Applications To establish commercial service/account, the Board is required to acquire the following business information: 1. Legal Business Name and Tax ID Number(registered in Michigan) 2. Type of Business 3. Tax Status (Taxable, Tax Exempt or partial Tax Exempt, documentation will be required) 4. Telephone Number 5. Email Address 6. Contact Name(s) 7. Owner or Business Agent Name S. Mailing Address if different from Service Address 3. Temporary Services Customers desiring temporary general secondary service (normally less than six (6) months) for, including without limitation,construction jobs, traveling shows,outdoor or indoor entertainments or exhibitions, shall pay the charge per Customer per month provided in the Board's applicable Rate. The Customer shall furnish a suitable support for the metering. The Customer shall be required to make a nonrefundable contribution in aid of construction with the Board in an amount to cover the cost of installing and removing these temporary Facilities plus a security deposit if required prior to the start of construction. Meters shall be installed by the Board and may be read daily and the deposit will be modified, as the Energy used may justify such modification. Minor temporary Loads such as construction security cameras may be unmetered and billed at a flat Rate at the approval of the Customer Projects and Development Department. Where overhead temporary service of 400 Amperes or less is desired and where such service is available and does not exceed 100 feet at the time temporary service is needed,the charge will be as specified in Rule 15. Approved:05/25/10 Effective: 07/01/10 Page 33 of46 Services Hometown People.NometownPowe4 Electric Rule and Regulation 11 Where overhead temporary service is not available at the site or exceeds 100 feet or 400 Amperes,the Customer shall be required to make a nonrefundable contribution in aid of construction to the Board in advance to cover the estimated cost of installation(excluding services and meters),plus the cost of removal or abandonment of the temporary Facilities less the salvage realized. For all underground temporary services, the Customer is responsible to Trench and install each underground temporary service conductor(s)in accordance with the requirements of all electric codes applicable, to a point within two (2) feet of the Board's Facilities. Any excavation with power equipment will require notification of the"Miss Dig"system for the identification of all underground Facilities in the area as required by the laws of the State of Michigan. The Customer shall make a nonrefundable payment to the Board for connecting and disconnecting temporary service conductor(s)to Board equipment as stated in Rule 15. 4. Residential,Commercial and Industrial Overhead Services Where suitable service is available, the Board will install, own and maintain overhead service conductors from its Distribution Lines to the nearest suitable point of attachment on the Customer's buildings or other structures as designated by the Board. The ampacity of the Board's overhead service conductors will be rated for the estimated electric Demand but not less than 50% of the customer's main over current device(s). Where the Customer requests a point of attachment other than that specified by the Board, then the Customer shall be responsible to pay the cost of installing additional intermediate supports,wires or fixtures necessary to reach the point of attachment requested. The Customer shall furnish, own, install and maintain service masts, when necessary in order to obtain required clearance. The Board will specify the location, height and size of the mast to adequately support the service wires under heavy loading conditions. While the mast should be firmly attached to the principal building frame, the Board does not make recommendations regarding the method of fastening and assumes no responsibility for damage caused by the service wires. The Customer should consult an architect or builder regarding the method of fastening prior to installation. Where paralleled Service Entrance Conductors are used in overhead services, the Customer(s)or the contractor(s)shall be responsible to terminate the paralleled conductors in a single conductor suitable for connection to the Board's overhead service wires. 5. Residential,Underground Services from Underground Distribution Systems Upon request and where suitable Facilities are available, the Board will install, own and maintain single phase underground direct burial residential electric service conductors to the nearest suitable point of attachment on the exterior of the Customer's building or other structure as designated by the Board, provided that the total capacity of all the Dwelling Units at each Service Location does not exceed the capacity of a single 167 kVA transformer. Where the total service capacity of all the Dwelling Units at one Service Location exceeds the capacity of a single 167 kVA transformer, the service conductors shall be installed in accordance with Rule 11.6. The developer or Customer shall be required to make a nonrcfimdable contribution in aid of construction to the Board to cover the additional cost resulting from the installation of an underground service. Approved:05/25/10 Effective: 07/01/10 Page 34 of 46 i Services Home�a„,,PeoPie.,,ometoW„PoWeF. Electric Rule and Regulation 11 For standard installations, the amount of such contribution shall be computed on the basis of the "Residential Undereround Service" charge as defined in Rule 15 and applied to the straight line distance from the termination of the Board's secondary Facilities normally at or near the front or rear property line, or at the Board's transformer, to a point directly below the Customer's meter as designated by the Board. Where special routing of the service conductors is requested by the Customer and the Board determines this request to be feasible, the cost of the additional service length required to accommodate such special routing shall be the responsibility of the Customer and will be based on the"Residential Underground Service"charge as defined in Rule 15. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements,frost or wet conditions,contaminated soil,rock within the excavation surface,or where it is necessary to deviate from the Board's approved construction standards or established distribution system design,the Board may require the Customer to pay for the additional cost resulting therefrom. 6. Residential Underground Services from Overhead Distribution Systems The Board will, where feasible, install, own and maintain single phase underground direct burial residential electric service conductors from an overhead electric distribution system in accordance with the provisions of Rule 11.4. In addition, the Board will impose a "Secondary Riser Pole Charge'for each underground service supplied from an overhead secondary as stated in Rule 15. If a crossing of a public road is necessary and the Customer requests that the crossing be installed underground,the Customer may be required to make an additional contribution in aid of construction to the Board, in an amount equal to the estimated difference in cost between an overhead and underground crossing. 7. Commercial and Industrial Underground Services The owner of each commercial or industrial building requiring an underground electric service system shall install, maintain and own the underground secondary service conductors between the building and the service pedestal, padmounted transformer or secondary attachment on the pole. Primary service conductors shall be installed,maintained and owned by the Board. Customers located in areas served by direct burial distribution systems may request the Board to install direct buried electric secondary service conductors to commercial services not exceeding 400 amps where the point of metering is located outside and is in compliance with the Board's requirements. The Board will comply with the request,if it is feasible,but shall only install service conductors to a meter enclosure supplied by the Board and installed by the Customer. The Customer shall retain ownership of such service conductors with maintenance provided by the Board at the Customer's expense. The Customer or developer shall be required to make a nonrefundable contribution in aid of construction toward the cost of such Board-installed services that, for standard installations,will be computed on the basis of the"Commercial Underground Service"charge as defined in Rule 15. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements,frost or wet conditions,contaminated soil,rock within the excavation surface,or where it is necessary to deviate from the Board's approved construction standards or established distribution system design,the Board may require the Customer to pay for the additional cost resulting therefrom. The commercial or industrial Customer may request the Board to maintain and repair,and the Board may do so in its discretion, the Customer's underground secondary service conductors between the building and the service pedestal,padmounted transformer or secondary attachment on the pole. The Approved:05/25/10 Effective: 07/01/10 Page 35 of46 i Services Hometown People.Hometown Power. Electric Rule and Regulation 11 Customer shall be responsible to pay all bills rendered by the Board for the cost to maintain or repair the Customer's service conductors. Secondary service conductors shall be installed in accordance with any applicable local codes and the following Board specifications: A. The total ampacity of all secondary service cables connected to a transformer shall not exceed 2000 Amperes. The secondary service shall be in accordance with the National Electrical Code or other applicable local codes. Due to physical limitations of Board-owned transformers and secondary connectors,the maximum number of paralleled secondary cables for any single service dependent on service size shall be limited to: Single Service Size Cables Maximum No.of Parallel Copper Aluminum 200 Amperes 4 4 400 Amperes 4 4 600 Amperes 4 4 800 Amperes 4 4 1000 Amperes 4 4 1200 Amperes 4 4 1600 Amperes 4 5 1800 Amperes 5 6 2000 Amperes 5 6 The total number of cables connected to a single transformer connector shall not exceed five - 600 kcmil for copper cables and six - 750 kcmil for aluminum cables The Board will make connection of all service and primary cables to Board-owned transformers. B. A single secondary service in excess of 2000 Amperes shall be installed using one of the two following methods. (1) A bus duct that is provided and installed by the Customer or developer. The Applicant must provide Flexible secondary connectors with bus duct. The Board will make connection of the bus duct to the secondary of the transformer. (2) The Applicant may purchase a Board approved multiple secondary termination cabinet. This cabinet is designed for use on single secondary services up to 3,000 Amperes and is available from the Board for a fee as specified in Rule 15. The Applicant shall construct a concrete pad,supply and install their own cable and provide terminal lugs for their supplied cables. The Board will make connection of the Applicant's cable to the cabinet. C. In locations where the Customer's service conductors are permitted to be connected directly to a Board-owned transformer,only Board approved and provided terminations shall be allowed. 8. Alulti-DwellinL,Structure Services The owner or developer of each Multi-Dwelling Structure requiring an underground single phase electric service system shall install, maintain and own the underground secondary service conductors between the building and the service pedestal,padmount transformer,or secondary attachment on the pole. The total capacity of the Dwelling Units connected to each service shall not exceed the capacity of a single 167 kVA transformer. Approved:05/25/10 Effective: 07/01/10 Page 36 of 46 i Services Hometown People.HometowWn Power. Electric Rine and Regulation 91 Customers located in areas served by direct burial distribution systems may request the Board to install direct buried secondary service conductors to Multi-Dwelling Structures not exceeding 800 A where the point of Vietering__is located outside and is in compliance with the Board's requirements. _-- Deleted:single phase electric The Board will comply with this request,if it is feasible,but shall only install service conductors to a Board approved customer owned and installed main overcurrent device or junction box. The ,Customer_shall retain ownership of such service.conductors with maintenance_provided_by_the B_gard_____- Deleted:Secondary Service at the Customer's expense. Termination Box supplied by the Board and installed by the Customer The Customer or developer shall be required to make a nonrefundable contribution in aid of Deleted: The Customer shall pay the cost of the Secondary Service construction toward the cost of such Board installed services that, for standard installations,will be Termination Box as'specified in Rule 15. computed on the basis of the"Commercial Underground Service"charge as defined in Rule 15. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements,frost or wet conditions,contaminated soil,rock within the excavation surface,or where it is necessary to deviate from the Board's approved construction standards or established distribution system design,the Board may require the Customer to pay for the additional cost resulting therefrom. 9. Conversion of Existing Overhead Electric Service At the request of a Customer,the Board will, if feasible,convert an existing overhead electric service to an underground electric service in accordance with Rule 10.3. 10. Electric Service Relocations and Removals At the request of a Customer,or as required due to a conflict,or to meet Board Standards,the Board will relocate or remove its electric service Facilities in accordance with Rule 10.4. 11. Second Service A. The Board will not construct at its own expense a second electric service to any facility, new or existing,that can be adequately served with a single source as determined by the Board. Except that a Second Service shall be required for Customers served from the Board's underground lead cable system and may require a nonrefundable contribution in aid of construction as determined by Rule I O.I.D. B. The Customer may have the additional service installed by making a nonrefundable contribution in aid of construction to the Board, in advance, to cover the entire cost of providing a Second Service. C. In the case of a request for a Second Service,the Board will endeavor,but does not guarantee,to maintain at all times two separate services to the Customer's Facilities. Approved:05/25/10 Effective: 07/01/10 Page 37 of46 Motors Hometown People.HometownPowei. Electric Rule and Regulation 12 Motors Customers shall be responsible to protect a motor that cannot have its rotation safely reversed or that would be damaged by phase or voltage failure in all phases by phase reversal and phase failure relays and/or low voltage relays. These protective devices should be wired to automatically disconnect and prevent restarting of motors until the problem has been corrected and service restored to normal. Conventional single phase motors may be connected to operate at 120 or 240 Volts subject to the following limitations: Maximum Allowable Locked- Nominal Motor Size Permissible Operating Voltage Rotor Current '/2 hp or less 120 50 Amperes /2 hp to 3 hp 240 105 Amperes Over 3 hp 240 To be connected only with written penuission of the Board All single phase motors should be connected by the Customer to operate at 240 Volts whenever practical to minimize voltage drop in the Customer's wiring and supply system. The Board may restrict both the individual and combined Horsepower and locked rotor current of three phase motors installed in a Customer's facility. The Board may require the Customer to install reduced voltage starters, starting interlock systems, variable frequency drives, or other devices to reduce the locked rotor demands on the Board's electric distribution system. If the Board, in its sole discretion, determines that a larger sized transformer than what would normally be installed is required to supply the locked rotor currents,the Customer shall bear the added cost. Customers planning the use of three phase motors should consult the Customer Projects and Development Department of the Board for characteristics,adequacy and availability of the service. Approved:05/25/10 Effective: 07/01/10 Page 38 of46 Use of Board Equipment Hometown People.HometownPowei. Electric Rule and Regulation 13 Use of Board Equipment 1. General The Board's wires,poles and apparatus,together with any interconnections thereof,are the exclusive property of the Board, and the connection of a Customer's Premises thereto does not entitle the Customer to any use thereof,except as permitted by the Board and as necessary for the delivery of the Board's service to the Customer. The use of any part of the Board's distribution or Transmission System without prior Board approval is expressly prohibited. 2. Authorized Attachments The Board may enter into a Pole Attachment Agreement providing joint use of certain of its wood poles for the purposes of providing telephone,CATV or other telecommunications services. The use of any pole by anyone, without first having entered into a written agreement with the Board is prohibited. The Board may also issue revocable permits to any person(s)or organ ization(s),seeking to attach any wire, cable, facility or apparatus for the transmission of telecommunications. Upon application for permit,the applicant shall pay a nonrefundable application tee as stated in Rule 15. Application shall be made to the Customer Projects and Development Department of the Board. The applicant shall provide the Customer Projects and Development Department with all documents required in the application process within 90 calendar days of the date the application is submitted. After 90 days, the application will be voided and the requested pole space will be made available to other users. After completing the application process and receiving a signed permit,the applicant has 90 calendar days to exercise there access rights granted in the permit. Any reconstruction of the Board's Transmission and Distribution system that is necessary to accommodate the Facilities of the applicant shall be done by the Board at the expense of the applicant. The annual pole rental fee shall be as stated in Rule 15 and will begin upon receipt of the permit. Poles found attached in the field without permission shall, at the Board's discretion, be removed in accordance with Rule 13.3.13 or be subject to a minimum of three years retroactive billing. The Board may exclude or limit certain Facilities from its poles. Furthermore, any poles that, in the opinion of the Board, is necessary for its sole use will be excluded from any pole attachment permit, joint use or rental agreements. 3. Unauthorized Use and Removal A. The unauthorized attachment (including painting or marking) of any signs, banners, lines, cables,equipment or any other matter to the Board's poles is prohibited. Authorization may be granted by the Board's General Manager or his designated representative based on purposes permitted by Michigan State law and requirements of governmental authority for the health,safety or welfare of the general public. Approved:05/25/10 Effective: 07/01/10 Page 39 of46 W - Use of Board Equipment Hometown People.HometownPowei. Electric Rine and Regulation 13 B. The Board may remove or cause to be removed without notice any unauthorized foreign matter from its poles at the expense of the Customer,the person(s)attaching the unauthorized matter or, in the event neither can be identified, the individual, firm or organization which appears to be the primary sponsor,user or beneficiary of the unauthorized matter. The Board will observe reasonable precaution to prevent any damage resulting from such removal, but will not be liable for any damage thereto. Approved:05/25/10 Effective: 07/01/10 Page 40 of 46 Parallel Power Sources Flometownreop�e.Homecow�aower.. Electric Rule and Regulation 14 Interconnection for Distribution and Renewable Energy Generators 1. General In order to provide for the safety of the Board's personnel and others and to assure reliability of electric service to all Customers, these requirements are established for operation of Customer generation in parallel with utility distribution systems. These requirements include all Customer systems under 100 kW. Systems 100 kW and over will be handled by the Board on an individual basis. All units over 10 kW must be three phase units unless specifically exempted. These requirements apply to both existing and proposed installations. 2. Approvals The Customer shall submit for Board approval,detailed electrical diagrams and equipment nameplate data,including the interface device and control systems of the Customer's power source. Application and Interconnection Standards can be obtained by Contacting the Customer Projects and Development Department. The completed installation must meet all local, state and national codes and is subject to inspection and test by the Board and local code enforcement authorities before commencement of parallel operation and such installation may be periodically inspected by the Board as required. The Customer shall obtain approval from the Board prior to making any revisions to the Customer's generating unit, its control systems or the interface between the two power systems after the initial installation. 3. Control and Protection The Customer's control and protection system must be acceptable to the Board. The Customer's system shall provide for automatic separation from the Board's distribution system in the event of a short circuit or open circuit on the Board's distribution system. The Customer's control system shall also provide for automatic paralleling with the Board's system when conditions are proper for parallel operation. Manual paralleling is not permitted without prior approval of the Board. Over frequency, under frequency, over voltage and under voltage control may be required. The Customer shall be liable for damage or injury if any part of the Customer's protective scheme fails to function due to lack of proper maintenance or Customer negligence. The Customer is required to install a disconnecting device with a visible break suitable for use as a protective tag location so as to be accessible by Board personnel or its agents and in reasonable close proximity to the billing meter. This device shall accept a standard Board padlock and shall be located on the outside of all buildings. In no case shall the Customer tamper with or attempt to bypass the disconnect switch when the Board has locked it in the open position. 4. Operation Should the parallel operation of the Customer's generating source cause interference or affect voltage, frequency or harmonic content of the Board's system or of another Customer's service,the Customer shall discontinue parallel operation until the condition has been corrected. Approved:05/25/10 Effective: 07/01/10 Page41 of46 W , - Parallel Power Sources Hometown People.HametownPower.. Electric Rule and Regulation 14 The Customer will be charged for all costs associated with any alteration of the Board's equipment required for proper operation of the Customer's generating equipment in parallel with the Board's system. The Customer will also be liable for costs of future changes due to safety or adverse effects on the Board's and/or other Customer's systems. 5. Termination If the Customer does not meet all of the above requirements, the Board may require termination of parallel operation. Failure to terminate parallel operation when required shall be cause for the Board to interrupt electric service to the Customer. 6. Contract The Customer must sign a contract with the Board before commencing parallel operation. In signing the contract, the Customer shall, among other things, accept liability for any damages or injuries caused by the Customer's parallel operation. Approved:05/25/10 Effective: 07/01/10 Page 42 of46 Schedule of Fees & Charges Hometown People.HometownPowei. Electric Rule and Regulation 95 Schedule of Fees&Charges ELECTRIC FEES and CHARGES Charge Description When Applied Charge Residential Underground Distribution When requested by Customer $3.50/ft Extension $7/ft for undeveloped lots Residential Underground Service When requested by Customer $4.50/ft Green space only,restoration not included. Installation $290 minimum requiring conduit,sidewalk crossing or other hindrances will be billed at time and material Commercial Underground Distribution When requested by Customer $7/ft Extension Commercial Underground Service When requested by Customer,restoration not included. 400 A or less and green space only $ $5 50 25 minimum Multi-Dwelling Structure Single Phase 800 A or less $6.50/ft $525 minimum Transformer kVA Capacity Commercial or Industrial underground services with $10/kVA padmounled transformation. Current and Potential Transfonner When requested by Customer,401-1000A $700 ca. Enclosure When requested by Customer,>1001 A-1200A $� ca. -' Deleted:200 When requested by Customer,>I201 A-3000A $12,V0 ca. Deleted:0 Multiple seconds termination cabinet When requested b Customer,u to 3000A $9,' 0 ca- Deleted:5 P secondary 9 Y P �...__ - Secondary Service Termination Box Board installed commercial services requested by customer $900 ea. 800 A or less: ____ ___ - Deleted:with trough system Temporary Service Overhead Install&remove service drop,100 ft max, Deleted:on Multi-Dwelling Structures 200 A or less $550 ca. 201 A to 400 A $750 ea. Temporary Service Overhead Install&remove service drop,exceeds 100 ft, At cost 400 A or not available Temporary Underground When requested by Customer, $375 ea. (Normal) Connection&disconnection only April I-December 14 Temporary Underground When requested by Customer, $550 ca. (Winter) Connection&disconnection only December 15-March 31 Secondary Riser Pole Charge When requested by Customer Single Phase 400 A or less $625 ca. Three Phase 400 A or less $925 ca. Site Inspection When applicable,per site inspection. r 0 ca. Deleted:85 Approved:05/25/l0 Effective: 07/01/10 Page 43 of46 AALAV IrwSchedule of Fees & Charges Hometown People.Hometown Power. Electric Rule and Regulation 15 ELECTRIC FEES and CHARGES Charge Description When Applied Charge Joint Use and Third Party,make ready and engineering At cost Pole Attachment Fecs Annual fee 2 cr attachment - Deleted: 19 300 minimum Deleted:285 Application deposit,credited to make ready costs and $31per pole_ __- Deleted:2 engineering 495 minimum _ ._._ _..- .._ .- __.--- Deleted:640 Joint Trench Charges To other utilities $2.3�/ft if 3 joint users Deleted:0 $3.1�,/ft if joint-users $4.74/ft if I joint user Deleted:05 Winter charge may also Deleted:65 apply. Conduit Delivery for Joint Facilities To other utilities when conduit is delivered to site for $2.00/ft if 2 joint users Installation road or drive crossing for installation by developer's in same conduit contractor or Board for utilization by Joint user(s). $3.90/ft if I joint users Joint Conduit Push with Board To other utilities to utilize separately installed conduit $24 /ft if 2 joint users in same conduit $36 /ft if I joint user Winter Construction Charge may apply. Joint Boring with Board To other utilities to utilize separately installed flexible S�5 /ft i f 2 joint users in _ Deleted:23 duct. same duct U-5 /ft if 1 joint user-___-- Deleted:34 Winter Construction Charge may apply. Winter Construction Charge December 15-March 31 $9.00 /ft In addition to normal charge Connect fee Standard Service:jay the end of the next business day No.charge --- Deleted:Within 24 Hours of the order being taken. Service orders taken before F3.00 p.m.wcckdays arc normally complctcd by the end ___.-._.. ___._- Deleted:4 of the same business day. Same-Day Service: By the end of the same calendar day $135 of the ordering being taken. Service orders taken after „3:00 p.m.weekdays or on_ Saturday will be completed Deleted:4 by the end of the day. Reconnection fee Standard Service: Within 24 Hours ofthe order being $30 taken. Service orders taken bcforc�,00 p.m_weekdays __ __ Deleted:4 Non-pay(Normal hours) arc normally complctcd by the end of the same business day. Same-Day Service: By the end of the same calendar day $135 of the ordering being taken. Service orders taken after F:00 p.m.,wcckdays or on Saturday will be completed _ __-- Deleted:4 by the end of the day. Meter Tampering Each Occurrence $155 Approved:05/25/10 Effective: 07/01/10 Page 44 of 46 Schedule of Fees & Charges Hometown People.HometownPowei. Electric Rule and Regulation 95 Cut at Pole Anytime $155 ELECTRIC FEES and CHARGES Charge Description When Applied Charge Security Deposits—Residential For all new and existing customers unless waived by $.1 __ Deleted: 114 conditions stated in Rule 7. Security Deposits—Commercial& For all new and existing customers unless waived by 2 times average monthly Industrial conditions stated in Rule 7. bill Customer requested service Each Occurrence $30 investigation or meter read Valid Service or Metering Issue No Charge Missed Appointment,No Show,No After second occurrence,then per occurrence $30 access Fee Non Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks $30 Rate 5&8 Meter Non-compliance For each month of non-compliance with meter $80/month Charge requirements Meter Calibration Charge When Customer requested meter calibration check is $75 within plus or minus 2%accuracy Customer requested Service Each Occurrence $30 Investigation/meter read Valid Service or Metering Issue No Charge Demolition of Service When requested by customer—fee covers only service conductors and mcler removal. OPL Disconnect/Reconnect When requested by customer $40 Charges other than published Relocations,damages,etc. At Cost Approved:05/25/10 Effective: 07/01/10 Page45 of46 TwCompliance Hometown People.HometownPowei. Electric Rule and Regulation 16 Compliance 1. Aggregation of Retail Customer Demand Response: A. The Lansing Board of Water & Light or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by the Lansing Board of Water & Light directly into any Commission-approved independent system operator's or regional transmission organization's organized electric markets. B. Retail customers served by the Lansing Board of Water & Light wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized electric markets may do so by participating in the program established by the Lansing Board of Water&Light or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Lansing Board of Water & Light. 2. Ancillary Services Provided by Demand Response Resources: A. The Lansing Board of Water & Light or its authorized designee is the sole entity permitted to bid demand response on behalf of retail customers served by Lansing Board of Water&Light directly into any Commission-approved independent system operator's or regional transmission organization's organized markets as allowed by the regional transmission organization's existing tariffs. B. Retail customers served by the Lansing Board of Water & Light wishing to bid their demand response into a Commission-approved independent system operator's or regional transmission organization's organized markets as allowed by the regional transmission organization's existing tariffs may do so by participating in the program established by the Lansing Board of Water&Light or its authorized designee. Retail customers are not permitted to participate in the demand response program of any other entity without the express prior authorization of the Lansing Board of Water&Light. Approved:05/25/10 Effective: 07/01/10 Page 46 of46 WATER RULES & REGULATIONS i t W Hometown People.Hometown Power. Rules and Regulations For Water Service Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Hometown People.Hometown Power. Table of Contents TABLE OF CONTENTS PAGE NUMBER Definitions...................................................................................................................................................................4 Definitions of Terms and Their Abbreviations........................................................................................................4 GeneralProvisions.....................................................................................................................................................6 ServiceConditions......................................................................................................................................................7 Characterof Service.................................................................................................................................................7 Descriptionof Service..............................................................................................................................................7 Availabilityof Service........................................_...............................................................................................7 MaterialAvailability............................................................................................................................................8 Useof Service..............................................................................................................................................................9 General.....................................................................................................................................................................9 Accessand Damages.............................................................................. ...........................................................9 CustomerPiping and Equipment..............................................................................................................................9 WaterQuality and Disturbances............................................................................................................................. 10 ImproperUse and Tampering................................................................................................................................. 10 Discontinuationof Service..................................................................................................................................... 10 Metering.................................................................................................................................................................... 12 General...................................................................................................................,............................................... 12 Sizing/Installation/Owncrship................................................................................................................................ 12 EquipmentLocation............................................................................................................................................... 12 MultipleOccupancy Buildings............................................................................................................................... 12 MeterCalibration Request..................................................................................................................................... 13 Damagedor Frozen Meter...................................................................................................................................... 13 Applicationof Rates................................................................................................................................................. 14 General................................................................................................................................................................... 14 Resale-.................................................................................................................................................................. 14 Choiceof Rates...................................................................................................................................................... 15 Apartment Buildings and Multiple Dwelling Structures........................................................................................ 15 Billing........................................................................................................................................ ....................... 15 ..... . . MinimumCharges.................................................................................................................................................. 15 Property Owner-Rental Agent Agreement for'Lcavc On'Service....................................................................... 16 Responsibilityfor Payment of Bills......................................................................................................................... 17 General................................................................................................................................................................... 17 EstimatedConsumption......................................................................................................................................... 17 BillingErrors.............................................................................. .................... 17 ........................................................ AccountSecurity Deposits..................................................................................................................................... 18 Disputeand Hearing Procedure..............................................................................................................................20 Disputes...................................................................................................................................................................20 Hearings.................................................................................................................................................................20 WaterCustomer Choice Program..........................................................................................................................22 General...................................................................................................................................................................22 Contractor Qualification and Approval..................................................................................................................22 ResidentialServices...............................................................................................................................................22 Deposit and Non-Refundable Contributions for On-Site Water Mains and Large Services.........................22 Permits..................................................................................................................................................................22 DistributionSystem Extensions..............................................................................................................................23 General...................................................................................................................................................................23 Request for Distribution System Extension.......................................................................................................23 Ownership........................................................................................................................................ ........23 Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 2 of 41 Hometown People.Hometown Powei. Table Of Contents Availability of Distribution System Extension...................................................................................................23 Contribution In Aid of Construction for System Extensions..............................................................................23 Installation of Distribution System Extension....................................................................................................24 Adequate Pressure and Flow Capacity...............................................................................................................24 Permits...............................................................................................................................................................24 StakingRequirements........................................................................................................................................25 FireHydrants......................................................................................................................................................25 Oversizing of Distribution System Extension....................................................................................................25 Economic Development Considerations............................................................................................................25 Easements and Tree Removal Permits...............................................................................................................25 Non-Standard Equipment................................................................................................................................26 Non-Standard Construction................................................................................................................................26 OtherFacilities...................................................................................................................................................26 Construction Date of Distribution System Extension.........................................................................................26 Water Facility Relocations and Removals.............................................................................................................26 Services......................................................................................................................................................................28 General...................................................................................................................................................................28 TemporaryWater Service......................................................................................................................................29 DomesticWater Service.........................................................................................................................................29 General..............................................................................................................................................................29 . Customer Connections to Board Facilities...................................................................................__.................30 Charges...............................................................................................................................................................30 FireService............................................................................................................................................................30 General...............................................................................................................................................................30 Charges.:.............................................................................................................................................................31 LawnSprinkler(Irrigation)Service......................................................._...............................................................31 Water Facility Relocations and Removals.............................................................................................................31 Lead Service Pull Ahead Program.........................................................................................................................31 BoosterPumps..........................................................................................................................................................33 WaterStorage Facilities...........................................................................................................................................34 Cross—Connection....................................................................................................................................................35 General...................................................................................................................................................................35 Installation ofBackflow Prevention Devices.........................................................................................................35 Inspection and Maintenance of Backflow Prevention Devices..............................................................................35 Compliance............................................................................................................................................................35 SevereHazard Locations........................................................................................................................................36 SecondarySupplies................................................................................................................................................36 Scheduleof Fees&Charges....................................................................................................................................37 Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 3 of 41 Definitions Hometown People.Hometown Power. Water Rule and Regulation 1 Definitions of Terms and Their Abbreviations BOARD— When used in these Rules and Regulations, Board is an abbreviation meaning the Board of Water and Light. BORING— To pierce the ground with a turning or twisting movement of a tool to make a hole for pipes,cables etc. CUSTOMER—A purchaser of water service supplied by the Board or a governmental entity that authorizes the Board to provide water service. CUSTOMER OWNED FIRE HYDRANT—The hydrant and appurtenances owned and maintained by the Customer, installed on CUSTOMER PIPING on private property after the Board metering point. CUSTOMER PIPING—A piping system owned or controlled by the Customer that conveys water from the Service Location throughout the Customer's Premises. CUSTOMER WATER SERVICE—Those pipes,valves and appurtenances owned and maintained by the Board installed between a Water Main and Customer Piping. CROSS—CONNECTION — A physical interconnection, arrangement or condition of the Customer's plumbing through which the potable water furnished by the Board's Water Distribution System could become contaminated if backflow takes place. DEMAND— The rate of water delivered at a given point. DOMESTIC WATER SERVICE — Those pipes, valves, backflow devices and appurtenances installed from the Water Main to the Service Location for the purpose of providing water for consumption other than irrigation or fire service use on the served Premises. DWELLING UNIT—A dwelling unit shall be considered as a single room, suite or groups of rooms or suites which have individual cooking and kitchen sink facilities designed for or used exclusively for residential purposes. FACILITIES— A general term which includes pipes, fittings,valves,fire hydrants,associated structures and the like,used as a part of or in connection with a water installation. FIRE SERVICE — Those pipes, valves, backflow devices and appurtenances installed from the Water Main to the Customer's Premises for the sole purpose of providing water for fire fighting on the served Premises. METER SET—Those pipes,valves and appurtenances that house the water meter. ON-SITE WATER MAINS—Water Mains installed on private property that will be located in easements or public right-of-way and owned and maintained by the Board. PERSON— Any individual, corporation, partnership, company, limited Liability Corporation, organization or governmental entity. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 4 of 41 `i Definitions Homerownaeop�e.Homeco"wnFowe' Water Rule and Regulation 1 PRIVATE FIRE HYDRANT — The hydrant and appurtenances owned and maintained by the Board, installed on Water Mains on private property in Board approved easements to provide water primarily for fire fighting purposes for the property benefit. PUBLIC FIRE HYDRANT — The hydrant and appurtenances owned and maintained by the Board, installed on Water Mains within public right-of-way or in Board approved easements to provide water primarily for fire fighting purposes for public benefit. PREMISES— A building and its grounds. RATE— The unit prices as established by the Board's rate-making body and the quantities to which they apply as specified in the Rate Schedule. RATE SCHEDULE—A filed statement of the water Rate and the terms and conditions governing its application as established by the Board's rate-making body. SERVICE LOCATION—The point at which the Board has agreed to provide water service to Customer Piping. SERVICE STUBS—That portion of a Customer Water Service that extends from the Water Main to a typical distance of 5 feet inside the property line. TRENCH— A cut in the ground in which pipes,etc.are installed. WATER DISTRIBUTION SYSTEM—The system of Water Mains,pipes,fittings,valves,fire hydrants and all equipment and appurtenances thereto, necessary to distribute water to Customer Water Services. WATER MAIN — A pipe owned and maintained by the Board installed in public right-of-way or easement that conveys water to a Customer Water Service or to a fire hydrant. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 5 of 41 •` i t � General Provisions ' Water Rule and Regulation 2 Hometown People.Hometown Power. General Provisions Copies of the Board's Rate Schedules for water service are open to public inspection at the Board's offices and are available on the Board's Internet Web site www.lbwl.com or upon request. Application for original, modified or added service shall be made at the office of the Board of Water and Light,Utility Services,730 East Hazel Street,Lansing,Michigan,48912. Any Person receiving or agreeing to receive water service from Board Facilities shall be deemed a Customer of the Board subject to its Rates and these Rules and Regulations and responsible for the service used whether such service is provided under a signed agreement or not. Water service will not be supplied to new or remodeled buildings until such installations comply with these Rules and Regulations. For water service requests that are 2"or larger in size,the Customer should contact the Board's Customer Projects and Development Department to determine the characteristics of the water service available at the Premises,since adequate flow and/or pressure may not be available. The Customer Projects and Development Department will inform the Customer of the Board's requirements,which must be fulfilled by the Customer,in order to receive water service. The Board may discontinue water service to any Customer for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law: The Customer must pay a reconnection fee as stated in Rule 15 to cover the costs of restoring water service that has been discontinued for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Board will release customer information in accordance with written customer authorization and Board policy This document is intended to cover most situations where standardized policies and practices have been established. No officer, agent or employee of the Board has authority to waive or modify the provisions of this document unless specifically authorized to do so by the Board of Commissioners. The Board of Commissioners may revise this document at any time and may modify or suspend any portion of it temporarily or permanently. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Pagc 6 of 41 Service Conditions Home`townyeople.Hometown'Power. Water Rine and Regulation 3 Service Conditions 1. Character of Service The Board produces and distributes potable water, approved by the Michigan Department of Environmental Quality(MDEQ),for public use throughout its service area and will endeavor,but does not guarantee,to furnish a continuous supply and to maintain water pressure within reasonable limits. The Board shall not be liable for interruptions in the service including without limitation, variations in the service characteristics,or for any loss or damage of any kind or character occasioned thereby,due to causes or conditions beyond the Board's reasonable control, and such causes or conditions shall be deemed to specifically include,but not be limited to,the following: acts or omissions of Customers or third parties;operation of safety devices except when such operation is caused by the negligence of the Board; absence of an alternate supply of service; failure, malfunction, breakage, necessary repairs or inspection of machinery, Facilities or equipment when the Board has carried on a program of maintenance consistent with the general standards prevailing in the industry;act of God;war; action of the elements;storm or flood;fire;riot;sabotage;labor dispute or disturbance,or the exercise of authority or regulation by governmental or military authorities. Notwithstanding any other provision of these rules, the Board may interrupt or limit water service to Customers without prior notice and in a manner that appears most equitable under the circumstances then prevailing or as necessary to protect the health,safety and welfare of its employees or Customers. The Board shall be under no liability with respect to any such interruption or limited supply. 2. Description of Service A. Availability of Service (1) Water service is provided to Customers in the City of Lansing and several surrounding governmental entities. Service to the surrounding governmental entities is by contractual agreement. (2) The Board, at its discretion, may provide service to individual Customers outside its service area with the approval of the local governmental entity. (3) Water service may be made available to Premises that has frontage on a public right-of- way. The Board,at its discretion,may install Water Mains and Customer Water Services in easements. (4) Water service is not available where the Board must bring the Customer Water Service across another parcel or lot without an easement in order to provide service. (5) In the case where there is more than one Water Main capable of providing service, the Board shall determine which Water Main will be used for service and the location of the Customer Water Service connection. (6) Water service is available in sizes one inch (1") and larger. The Board will evaluate service sizes two inches(2") and larger before installation to determine the adequacy of water supply and pressure. Inquiries regarding adequacy of water supply and pressure should be directed to the Board's Customer Projects and Development Department. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 7 of41 ^'I Service Conditions Hometown People.Hometown Power. Water Rule and Regulation 3 B. Agreements The Board shall require the Customer to enter into a written agreement that details the terms and conditions and price to be paid by the Customer prior to water service construction. In addition, the Board may negotiate written contractual arrangements as to the provision of necessary service Facilities, duration of service, amount of deposit and refunds thereon, minimum bills or other service conditions for Customers or prospective Customers whose load requirements exceed the capacity of the available distribution system in the area or whose load characteristics or special service needs require unusual investments by the Board in service Facilities or where there is not adequate assurance of the permanent use of the service. The Board may charge a Connect Fee when the Customer requests the service to be made active outside normal business hours as specified in Rule 15. No promises,agreements or representations of any agent or employee of the Board shall be of binding force upon the Board unless the same is within the authority of that individual and incorporated in the written agreement. C. Material Availability Subject to the restrictions contained in Rule 3.2.A,the Board will construct water distribution Facilities and extensions only in the event it is able to obtain or use the necessary materials, equipment and supplies. The Board may, in its discretion,allocate the use of such materials, equipment and supplies among the various classes of Customers and prospective Customers of the same class. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 8 of41 (c I Use of Service Water Rule and Regulation 4 Hometown People.Hometown Power. Use of Service 1. General Potable water is supplied to a Customer for exclusive use on the Premises to which it is delivered by the Board. Service may not be shared with another, sold to another,or transmitted off the Premises without the written permission of the Board,except as noted in Rule 6. Use of water is only for the purposes authorized by the Board and is not to be extended to another building without authorization of the Board. No person except authorized Fire Department personnel, Director of Public Service, and such other people as detennined by the Board shall operate and/or take water from fire hydrant, Fire Service,or any other unmetered connection. 2. Access and Damages The Customer shall provide and maintain appropriate access and working space around water Facilities in accordance with all applicable Board standards so as to permit ready and safe operation and maintenance of such Facilities. If the Customer does not maintain appropriate access and working space to Board Facilities, the Board shall have the authority to reasonably remove the obstruction(s) hindering the Board's access to the Board Facilities and will have no obligation to restore the Customers premises, The Board's authorized personnel or agents of the Board shall have access to the Customer's Premises at all reasonable hours for all purposes necessary to conduct business, including without limitation: I) install, inspect,read, repair,maintain, test or remove its meters 2) install, operate and maintain other Board equipment or Facilities, and 3) inspect Fire Service installations, Customer Piping, backflow devices and to determine the connected water Demand. If the meters, metering equipment or other Board property are damaged or destroyed through the neglect of the Customer,the cost of necessary repairs or replacements shall be the responsibility of the Customer. If, for any reason beyond its control,the Board is unable to read a meter,operate,maintain or make inspection, including but not limited to, reasons such as Premises being locked, meter being inaccessible or unsafe conditions,then after due written notice to the Customer,the water service may be disconnected until such time as arrangements have been trade to permit access for Board inspection and approval and the Customer has paid the appropriate reconnection fee as stated in Rule 15. 3. Customer Piping and Equipment The Board may deny or terminate service to any Customer whose water piping or equipment constitutes a hazard to the Board's employees,equipment or its service to others. The Board is not responsible to inspect the Customer's piping or equipment and shall not be held liable for any injury or damage resulting from the condition thereof. The Customer shall install and maintain the necessary Facilities or devices to protect Customer owned equipment against service interruptions and other disturbances on the Board's system. The Customer shall install a valve on the outlet of the meter-set and shall maintain it in good repair. Alterations to the Customer Water Service or associated equipment are prohibited without approval of the Board. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 9 of 41 Use of Service Water Rule and Regulation 4 Hometown People.Hometown Power. 4. Water Quality and Disturbances The Customer shall operate equipment in a manner that does not cause surges,water hammer or other problems in the Water Distribution System or to other Customers. If the Board notifies the Customer of such a condition, the Customer shall discontinue operation of equipment causing such condition until a correction has been made. If the Customer does not remedy the condition within the Board requested timeframe,the Board will discontinue service until the Customer has remedied the situation and has paid fees for Investigations and Reconnections under Rule 15. The Customer shall be responsible for the cost of installation,testing and maintenance of backflow prevention equipment necessary to prevent contamination of the Water Distribution System as required by the Board. 5. Improper Use and Tampering Any person that uses water without making proper application for water service shall be responsible for all charges for water service. The amount of such charges shall be determined by the Board either by meter readings or on the basis of calculated consumption for the time water was used. If a Customer is using water without proper application for service or water service connection, the Board may discontinue service without notice. In case of such discontinuance of service, the Board shall restore service only after the Customer has paid the meter tampering fee and a reconnection fee as stated in Rule 15,and has made appropriate restitution for stolen service and damaged equipment. The Board may discontinue service and seek criminal charges, if it is determined that the meter or piping on the Customer's Premises has been tampered with or altered in any manner to steal water. If the Board discontinues service for this reason,the Board shall restore service only after the Customer has paid the reconnection fee as stated in Rule 15,made appropriate restitution for stolen service and made provisions for metering and/or piping changes as may be required by the Board. 6. Discontinuation of Service Service may be voluntarily or involuntarily disconnected. A. Voluntarily (1) Service may be voluntarily disconnected per the Customer's request. The Board recommends that the Customer or the Customer's representative be present for the disconnection to ensure complete shutoff. It can be difficult for the Board to confirm that the service has been completely turned off if there is no one present at the premises during the shutoff. The Customer is responsible to advise the Board if the shutoff was not entirely effective. (2) Requests for temporary discontinuation of service for purposes such as winterization or seasonal occupancy shall be subiect to a reconnection fee as stated in Rule 15 to cover the costs of restoring service. (3) Service may be voluntarily permanently disconnected, for demolition purposes by submitting a demolition request form. Permanent disconnection shall be completed at the cost of labor and material required to complete the termination. B. Involuntary Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 10of41 Use of Service Hometown People.Hometown Powei. Water Rule and Regulation 4 (1) Service may be involuntarily disconnected in the following instances: (a) Noncompliance with applicable Rules and Regulations; (b) Noncompliance with Municipal,State and or Federal law;or (c) Issuance of a Court Order Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 11 of41 Metering Hometown People.Hometown Powei. Water Rule and Regulation 5 Metering 1. General All water sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the Board except where it is impractical to meter,such as for fire fighting,temporary or special installation,in which cases the consumption may be calculated. 2. Sizing/Installation/Ownership The Board shall furnish,install,own and maintain all metering equipment and reserves the right to size such metering equipment. 3. Equipment Location A. The Customer shall provide,at no expense to the Board,a space/enclosure suitable to the Board for the installation of the necessary metering equipment. The Customer shall furnish the space and the provisions for mounting metering and service equipment to meet Board requirements. Inquiries regarding installation requirements should be directed to the Board's Customer Projects and Development Department. B. Wherever possible,metering equipment should be located inside the building served and as near as practicable to the point where the Customer Water Service enters the building. C. The space provided must have adequate ventilation and permanent heat to prevent freezing of the meter and associated piping. A clear overhead space of at least six feet(6')shall be provided.A floor drain of adequate capacity mast be provided adjacent to the meter except where the Board has deemed it to be impractical to provide such drain. D. Where an approved location is not available inside the building,the meter shall be located in a meter manhole or pit at or near the property line,and the cost,ownership and maintenance of the meter manhole or pit structure and the piping from the outlet of the Meter Set thereof shall be the responsibility of the Customer, except where the Board has retained ownership. The customer shall at all times, provide clear access to the meter manhole or pit structure for the purpose of meter and meter set access and maintenance. 4. Multiple Occupancy Buildings Where the building owner desires to meter each tenant's water separately, a meter manifold may be permitted when the following conditions are met. A. An adequately sized room is made available by the owner for housing the water meters. The meter room shall be of sufficient size for access and provided with a door which can be fitted with an approved lock box;and B. Access to the meter area is by way of a common-use space;and C. The building owner attaches a tag to the valve on the outlet side of the meter identifying the number and/or address of the unit served;and D. The building owner installs a valve on the outlet of each tneter-set and E. The building owner installs a valve at the point where each water supply line enters the apartment or unit served;and Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 12 of 41 Metering Hometown People.Hometown Power. Water Rule and Regulation 5 F. Each meter serves only one apartment or unit, with no interconnecting piping between each apartment or unit. 5. Meter Calibration Request Upon customer request and subject to applicable fees in Rule 15. the BOARD may check meter calibration to ensure it is within the permitted accuracy limits of plus or minus 1.5%. Inaccurate meters will be repaired or replaced. 6. Damaged Meter Deleted:or Frozen A. The Customer shall be held liable for damage to the meter from acts of carelessness,negligence, or willful damage by owner or his tenants. The Board will repair any meter so damaged,and the cost shall be billed to the Customer. B. The Board may,after an occurrence of a frozen meter,charge the customer for the replacement of a frozen meter as provided in Rule 15. C. A customer reauestine service in a location where the Board has an existing Service Connection, and the meter and or meter setting is missing,broken,or otherwise inoperable,a Damage Meter Charge and or Meter Set Charge(s)shall be applied in accordance with Rule 15. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 13 of41 Application of Rates Hometown People.Hometown Power. Water Rule and Regulation 6 Application of Rates 1. General Water Rates are predicated upon the Board not being required to provide more than one Customer Water Service to a building or structure. The Board shall separately meter and separately bill service at different points or at different buildings or structures unless specifically provided for in the applicable .Rate Schedule. 2. Resale The owner or operator of an office building,apartment building, shopping mall, or similar structure may purchase water from the Board for resale to occupants on the condition that service to each occupant shall be metered separately and that the occupants may not be charged more for such service than the appropriate Rate of the Board available for similar service under like conditions. In order to qualify for resale to occupants,the owner or operator must state in writing their intent to resell in the application for service. The owner or operator shall be responsible for payment of purchased water for resale as required by Rule 7. The Board shall have no obligation to furnish,test or maintain meters or other Facilities for the resale of service by the reselling owner or operator to the occupant. Billing records of the owner or operator may be audited once every 12 to 18 months using generally accepted auditing practices. The audit shall be conducted by the Board or if the Board elects,by an independent auditing firm approved by the Board. The reselling owner or operator shall be assessed a reasonable fee for an audit conducted by the Board. The owner or operator providing the resale shall be responsible for testing of each occupant's meter at least once every 3 years. The accuracy of such meters shall be maintained according to the most recent publication of Table 5-3, "Test Requirements for New, Rebuilt and Repaired Cold-Water Meters"within the AWWA M6 manual. Meters shall be tested only by outside testing services or laboratories approved by the Board. A record of each meter, including testing results, shall be kept by the reselling owner or operator during the use of the meter and for an additional period of one year thereafter. When requested,the reselling owner operator shall submit certified copies of the meter test results and meter records to the Board. The reselling owner or operator shall render a bill once during each billing month to each of the occupants' or tenants in accordance with the appropriate Board Rate Schedule. Every bill rendered by the reselling owner or operator shall specify the following information; The Rate Schedule title, the due date,the beginning and ending meter reading of the billing period and the dates thereof; the difference between the meter readings; the amount due for services and/or commodity use, as applicable to the Rate; subtotal before taxes,other taxes where applicable;the amount due for other authorized charges; and the total amount due. The due date shall be 21 days from the date of rendition.The reselling owner operator shall be responsible for all collections and payment disputes for resale occupants. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 14of41 .. Application of Rates ' Water Rule and Regulation 6 Hometown People Hometown Po we The reselling owner or operator shall supply each occupant with a water system adequate to meet the needs of the occupant with respect to the nature of service,water quality,pressure, Cross-Connection control and other conditions of service. If the reselling owner or operator fails to meet the obligations of this rule,the Board will notify the appropriate authorities and after reviewing with the reselling owner or operator,the problem(s)is not resolved, the Board my declare reselling owner or operator in violation of Rule 2. The renting of Premises with the cost of water service included in the rental as an incident of tenancy will not be considered a resale of such service. 3. Choice of Rates In some cases, the Customer may be eligible to take service under any one of two or more Rates. Upon request, the Board will advise the Customer in the selection of the Rate that will provide the lowest cost of service,based on the best available information,but the responsibility for the selection of the Rate shall be the sole responsibility of the Customer. After the Customer has selected a Rate,the Customer may not change from that Rate to another Rate until at least twelve(12)months have elapsed. The Customer shall not evade this rule by temporarily terminating service. The Board may waive the provisions of this paragraph where it appears that a change of the Rate is necessary for permanent rather than temporary or seasonal advantage. The intent of this rule is to prevent frequent changes from Rate to Rate. The Board shall not be responsible to refund the difference in charges under different Rates applicable to the same class of service,unless the Board provided an incorrect initial service turn-on Rate setting or unless the Customer makes a written request and has a permanent change in load profile. Any refund is subject to Board approval. 4. Apartment Buildings and Multiple Dwelling Structures An apartment building or a multiple dwelling structure served by one meter and containing four(4)or less Dwelling Units may elect to be billed on the appropriate Residential Service Rate. 5. Billing Customers having more than one meter shall have consumption computed by individual meter in accordance with the current Rate Schedule, with the exception of separate meters connected to the Customer Water Service and installed solely for lawn sprinkling. Lawn sprinkling meters connected to the Customer Water Service are subject to the Lawn Sprinkling Water Service Rate. 6. Minimum Charges A minimum charge,as defined by the Rate in effect,shall be applied to all services and billed to the Customer. Where the Customer requests that a service be discontinued,the Board shall deactivate the service by any appropriate means, including without limitation, removing the meter and/or by disconnecting the service from the Board's Water Distribution System. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 15 of41 Application of Rates Hometown People.Hometown Power. Water Rule and Regulation 6 7. Property Owner-Rental Agent Agreement for"Leave On"Service The Board may waive application charges to maintain continuity of service at rental property locations provided: (1) the landlord agrees in writing to assume the responsibility for water service during the interim between tenants, and (2) the landlord is in compliance with all other rules and regulations of the Board. Proposcd Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 16 of 41 Responsibility for Payment of Bills Hometown People.Hometown Power. Water Rule and Regulation 7 Responsibility for Payment of Bills 1. General Each Board Customer is responsible to pay all utility bills as rendered on or before the due date shown thereon. The Customer remains responsible for payment of the bills until the Customer orders service to be discontinued and the Board has had reasonable time to secure a final meter reading. Bills are rendered on approximately a monthly basis. Bills are mailed to Customers approximately fifteen(15)days before the due date shown on the bill. The Customer shall pay the net amount if paid on or before the due date on the bill. Failure on the part of the Customer, through no fault of the Board, to receive the bill shall not entitle the Customer to pay the net amount after the due date of the bill. If a bill remains unpaid after issuing a five(5)day written shut-off notice,the Board shall have the right to discontinue service. In extenuating circumstances,a Customer will be afforded the opportunity to make payment arrangements. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing,pending results of the hearing. Service may be discontinued for nonpayment of bills that are not in dispute. The Board may also require individual Customers to enter into a written "Billing Service Agreement," insuring that the Customer is responsible for all services used and rendered. The Board will make billing history available to Customers at no charge, provided the information is currently stored on an active database. Customer request for billing history that is no longer on an active database will be subject to payment of hourly fees based on the average burdened hourly wage of the Board employee assigned to perform the research and compilation of the data. The Board will charge a"Non Sufficient Funds Fee"in accordance with Rule 15 for returned checks. 2. Estimated Consumption Readings may be estimated when conditions warrant. Until reconciled by an actual reading,bills rendered on estimated consumption have the same force and effect as bills rendered on actual meter readings. Any consumption that cannot be registered accurately shall be estimated based on prior consumption or operating characteristics of the building and equipment. 3. Billing Errors A. When an error is found to exist in the billing rendered to a Customer,the Board will correct such error to recover or refund the difference between the original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three(3)years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. B. When an error is found to exist in the billing of a contract or service agreement with or governing the Customer, the Board will correct such error to recover or refund the difference between original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 17 oC41 �I ih1� Responsibility for Payment of Bills Hometown People.Hometown Power. Water Rule and Regulation 7 4. Account Security Deposits The Board shall require an account security deposit from any new or existing Customer with an unacceptable credit history with the Board. The Board shall apply different rules to new Customers signing up for service in accordance with Rule 7A.B. The deposit is normally 2 times the average monthly bill(actual or estimated)as determined by the Board and shall be applied according to Rule 15. Security Deposits shall be administered in accordance with Customer Service established Standards and Guidelines. The Board may waive deposits in special circumstances. The Board may also demand deposits larger than 2 times the average monthly bill if the Board determines that a Customer presents a higher than normal credit risk. A. Unacceptable credit history includes but is not limited to the following: (1) The Customer has deliberately misinformed or misrepresented facts to the Board. (2) The Customer misrepresents their identity. (3) The Customer fails to provide positive identification at the time of applying for service. (4) The Customer has had one or more payments canceled in the last 12 months due to: (1) non-sufficient funds returned check,(2) account closed returned check, (3)non-sufficient finds bank bill,(4)account closed bank bill,(5)credit card reversal,(6)or other payment method cancellation. (5) The Customer has a prior account that is delinquent within the last 6 years. B. New Customers may not be required to submit a deposit,in any of the following situations: Residential Customers (1) The Customer has no service history with the Board and has been permitted into the Good Faith Deposit Program in accordance with Customer Service established Standards and Guidelines. (2) The Customer has previously established an acceptable payment history with the Board on a similar account. (3) The Customer's bill is paid by a governmental agency. (4) The Customer secures a guarantor;the guarantor has an acceptable payment history. (5) The Customer provides an acceptable surety bond. (6) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. Commercial and Industrial Customers (1) The Customer has previously established an acceptable payment history with the Board on a similar account. (2) The Customer's bill is paid by a governmental agency. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 18 of41 Responsibility for Payment of Bills Hometown People.Hometown Powei. Water Rule and Regulation 7 (3) The Customer secures a guarantor;the guarantor has an acceptable payment history. (4) The Customer provides an acceptable surety bond. (5) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. The Board will refund deposits to all Customers who have taken service for 12 months and have an acceptable payment history. The Board will also refund deposits to Customers who have voluntarily terminated service and paid all charges due. The Board will pay simple interest accrued on an Account Security Deposits held. No interest will be paid until the deposit is returned to the customer. The interest rate will be updated on July I of each year.The interest rate used to calculate interest will be the sum of the Federal Funds rate in effect on the last day of March of the current year plus.25%. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 19 of41 Dispute and Hearing Procedure Hometown People.Hometown Power. Water Rule and Regulation 8 Dispute and Hearing Procedure 1. Disputes In accordance with the Lansing City Charter, the Board is required to provide a fair and equitable dispute and hearing process for its Customers as follows: A. When any Customer disputes a bill or service and the Board is so advised in writing,the date of the notice of dispute will be recorded. B. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing, pending results of the hearing. Service may be discontinued for nonpayment of bills that are not disputed. C. The disputed bill or service will be investigated promptly and completely. D. The Customer will be advised of the results of the investigation. E. An attempt will be made to resolve the dispute in a manner mutually satisfactory to both parties. F. The Board will provide the opportunity for each Customer to enter into a reasonable settlement agreement in order to mutually resolve the disputed claim or to satisfy any liability not in dispute. G. If a settlement cannot be reached between the Customer and the Board's Account Administrator, the Customer may choose to appear before the Board's Dispute Review Committee. The review will be scheduled within ten(10)days of the request or as mutually agreed to by both parties. H. If a settlement cannot be reached following examination by the Dispute Review Committee,the account will be referred to the Board's General Manager. I. If a settlement is not reached after review by the Board's General Manager,the Customer shall be afforded an opportunity for a hearing. J. The Customer shall be responsible for payment of all other bills or portions of bills as rendered which are not in dispute. 2. Hearings A. Any Customer who disputes the services provided or a billing for services furnished in accordance with the Board's filed Rates, Rules and Regulations or established policies or procedures may request a hearing. If a hearing requested is based on a disputed past due bill,the request must be made within ten (10) calendar days following the final outcome of the dispute process. Any request for a hearing may be made in writing and received by the Board's corporate office at 1232 Haco Drive,Lansing,Michigan,48912. B. On receipt of a request for a hearing, the Board will forward this request to an independent Hearing Officer. The Hearing Officer will arrange a time for the hearing and advise both the Customer and the Board of the date,time and location in writing. The hearing will be scheduled during normal business hours. Failure of the Customer or Board to attend the hearing without due cause or prior request for adjournment will constitute a waiver of right of that party to the hearing. C. The Board and the Customer shall: (1) Have the right to be represented by Counselor other persons of their choice. (2) Have the right to present evidence,testimony and oral and written argument. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Pagc 20 of 41 Dispute and Hearing Procedure a,-'- Water Rule and Regulation 8 Hometown People.Hometown Power. (3) Have the right to cross-examine witnesses appearing on behalf of the other party. (4) Have the right to have the hearing recorded by a court reporter at the expense of the Customer. The Hearing Officer shall also have the right to have the hearing recorded by a court reporter. Recordings will be preserved at least six (6) months from the date of the hearing, All evidence relevant to the dispute will be received. D. For each hearing, the Hearing Officer shall compile a hearing record which will contain; (1) A concise statement in writing of the position of the Board in relation to the dispute. (2) A concise statement in writing of the position of the Customer in the dispute. (3) Copies of all evidence submitted by the parties. E. If a decision is reached during the hearing, the Hearing Officer shall state the decision to both parties. if the Hearing Officer does not reach a decision during the hearing,additional time will be allowed to reach a decision. When a decision has been reached,either at the hearing or later, the Hearing Officer will prepare a report which shall contain the following: (1) A concise summary of the evidence and argument presented by the parties. (2) The decision and a statement that the decision of the Hearing Officer was based solely on the evidence presented and reasons therefore. (3) Advise that the representatives of the Board and the Customer have a right to file an appeal - with the Board of Commissioners. (4) A statement as to any settlement agreement. (5) A statement that the dispute determination is binding on both parties unless appealed to the Board of Commissioners within ten(10)days of the date of mailing of decision,and that any request for appeal must be in writing to the Corporate Secretary. F. The Hearing Officer shall file the written report with the Board of Commissioners and the Mayor of the City of Lansing. A copy of the report shall be sent to the Customer via certified mail. G. If the dispute is unresolved and the decision appealed, the Hearing Officer shall make recommendations to the Board of Commissioners on the dispute. The Secretary of the Board will arrange a time for the appeal and advise both the Customer and the Board of the date,time and location in writing. Failure of the Customer to appear at the time set for the appeal without due cause, or to request an alternate date, will constitute a forfeiture of the dispute. The decision rendered by the Board of Commissioners will be final. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 21 of 41 Water Customer Choice Program Hometown People.Hometown Power. Water Rule and Regulation 9 Water Customer Choice Program I. General The Board will accept and permit Customer installation of Customer Water Service(s), and On-Site Water Mains,except Meter Set and metering equipment,provided the following conditions are met. (1) The Board has approved the Customer's contractor prior to construction. (2) The Customer has signed, and complied with, a Customer Choice Water Service agreement with the Board prior to construction. (3) The Customer has provided, and the Board has approved drawings, material lists and a flushing and disinfection plan. (4) The Customer has paid any and all past and current applicable fees and charges. (5) The installation of Customer Water Service(s)and/or On-Site Water Mains has been inspected and approved by the Board. (6) Customer has dedicated Customer Water Service(s)and/or On-Site Water Mains to the Board. Inquiries regarding the Water Customer Choice Program should be directed to the Board's Customer Projects and Development Department. 2. Contractor Qualification and Approval Contractors desiring to become qualified and approved to install On-Site Water Mains and Customer Water Services should contact the Material Services Management Resource Center. A charge for the initial Permit Application and an Annual Contractor's Qualification Permit shall be assessed as stated in Rule 15. 3. Residential Services Customers installing residential water services shall be required to pay an "Inspection" charge as stated in Rule 15 for each inspection. 4. Deposit and Non-Refundable Contributions for On-Site Water Mains and Large Services A deposit and non-refimdable contribution shall be required for any Customer desiring to install On- Site Water Mains or commercial Customer Water Services. The amount of such deposit and non- refundable contribution shall be as stated in Rule 15. Upon project completion, the deposit shall be adjusted to reflect the actual Board cost with a final billing or refund made to the Customer,except no billing or refund will be made if the actual cost is within$100 dollars of the actual cost. 5. Permits The Board will obtain the MDEQ Permit for Water System Construction. The Customer shall be required to obtain all other permits. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 22 of 41 iT n` = Distribution System Extensions Y' Water Rule and Regulation 10 Hometown People.Hometown Powei. Distribution System Extensions 1. General: A. Request for Distribution System Extension Rule 10 sets forth the conditions under which the Board will extend its Water Distribution System. B. Ownership The Board shall provide,own,maintain and specify all of its distribution Facilities including location, except as otherwise expressly provided by agreement between the Board and the governmental entity or Rule 9,"Water Customer Choice Program". No ownership rights to Board Facilities shall pass to any owner(s), developer(s), or Customer(s) by reason of any contribution required hereunder. C. Availability of Distribution System Extension The Board shall in its sole discretion determine whether or not any particular Water Distribution System extension shall be made,regardless of its intended use,and establish any special conditions or requirements that may apply, including but not limited to entering into an agreement with a developer,property owner(s)or governmental entity. Water Distribution System extensions are generally available throughout the water service area. Water Distribution System extensions may also be available outside the water service area to serve individual Customers. Water Distribution System extensions outside the service area shall be installed at the Board's discretion, and only with the approval of the local governing entity. D. Contribution In Aid of Construction for System Extensions The owner(s), developer(s),governmental entity(s) or Customer shall be required to make a contribution in aid of construction to the Board to cover the cost of the Water Distribution System extension prior to construction,except as provided otherwise by agreement between the Board and the governmental entity or in Rule 9"Water Customer Choice Program". The contribution in aid of construction to the Board for Water Distribution System extensions shall,at the Board's option,be of the following: (1) At cost—The Customer will provide a deposit based on the Board's estimated cost to construct the Water Distribution System extension. Reconciliation (refund or invoice) between the deposit and actual cost will be made upon project conclusion. (2) Not-to-exceed — The Customer will provide a deposit based on the Board's estimated cost to construct the Water Distribution System extension. If the actual cost to construct the Water Distribution System extension is less than the deposit, the Board will refund the difference upon project conclusion. (3) Firm Price—The Customer will provide a one-time payment based on the Board's estimated cost to construct the system extension. No reconciliation or refund will be made upon project conclusion. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 23 of 41 IAN Distribution System Extensions Irw Hometown People.Hometown Power. Water Rule and Regulation 10 E. Installation of Distribution System Extension All Water Distribution System extensions shall be installed by the Board or its agent except as provided in Rule 9"Water Customer Choice Program", Water Distribution System extensions shall be installed in public right-of-way except in certain cases where, at the Board's discretion, they may be installed in dedicated recordable easements on private property provided at no cost to the Board. Water Distribution System extensions shall traverse the total frontage of all property served and all streets within a new subdivision. The Board, in its sole discretion, may exempt side-lot streets where a Water Main is not required either to provide service or to provide proper system flow and pressure. Service Stubs shall be installed in conjunction with the Water Distribution System �tem extension except in certain cases as determined by the Board. The Customer shall provide the Board a approved site plan for Board review and approval. Installation of a Water Distribution System extension will be initiated provided: (1) The owner, developer, governmental entity, or Customer has entered into a written agreement with the Board for the construction of the Water Distribution System extension. (2) The owner, developer,governmental entity, or Customer has paid the cost of the Water Distribution System extension and any required system reinforcement in a manner as determined by the Board or has fulfilled the commitments as otherwise provided by agreement between the Board and the governmental entity. (3) Where applicable,the owner,developer,or Customer has recorded the plat or final preliminary approval has been received, monuments or markers are in place,lot lines staked,sewers installed,streets at finished grade(before gravel and curb and gutter installation),sidewalk grading completed,and the ground in workable condition. (4) Construction during the winter season will only occur at the Board's discretion. F. Adequate Pressure and Flow Capacity The Board shall not make Water Distribution System extensions unless adequate pressure and flow capacity is available at the location of the Water Distribution System extensions as determined by the Board. Variances from the Board's flow and pressure capacity requirements may be granted in writing by the Board and where applicable, the governing Fire Marshal. Where Water Distribution System reinforcement is required to provide adequate pressure and flow capacity at the location of the Water Distribution System extension, the Customer, governmental entity or other benefiting parties shall bear the cost of such Water Distribution System reinforcement. C. Permits Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 24 of 41 Distribution System Extensions Hometown People,HometownPowei. Water Rule and Regulation 10 All permits will be obtained by the Board or its agent, except as provided in Rule 9 "Water Customer Choice Program",before construction is initiated. H. Staking Requirements The Customer shall provide all staking as required by the Board for installation of the Water Distribution System extension. Inquires regarding staking requirements should be directed to the Board's Customer Projects and Development Department. 1. Fire Hydrants Water Distribution System extensions shall include fire hydrant coverage as determined by the Board or governmental entity. Fire Hydrants designated as Private Hydrants shall be billed according to Rate Schedule 6 and are the responsibility of the property owner. J. Oversizing of Distribution System Extension To meet the needs of existing and future Customers within the governmental area(s), the Board may choose to install a larger size Water Main than that needed for the Water Distribution System extension. In such cases, the cost of oversizing shall be borne by the benefiting governmental entity(s)or as provided for in the agreements between the Board and the governmental entity(s). Where the Board has determined that oversizing of a Water Main is needed for its own purposes,the Board shall be responsible for the cost of such oversizing. K. Economic Development Considerations Where the Board determines that the Water Distribution Svstem extension will promote development that provides substantial and sustainable economic benefits to its Customers or the Lansing region, the Board will consider an offset to its fees and charges and/or an economic incentive subject to its availability. Where a Customer has obtained an approved Lansing Brownfield Plan and entered into a Brownfield Reimbursement Agreement with the Lansing Brownfield Redevelopment Authority (LBRA), The Board, subject to agreement with the LBRA, may seek reimbursement for its Water System Connection Fee(Rate 3 of the Board's Rate Schedule) directly from the LBRA. In the event the Board is not reimbursed for its Water System Connection Fee from the LBRA,the Customer shall be required to pay the remaining amount due. L. Easements and Tree Removal Permits Where the Board has agreed to construct the Water Distribution System extension in an easement and prior to such construction,the owner(s), developer(s) or Customer(s) shall be required to furnish,at no expense to the Board,recordable easements in a form satisfactory to the Board. The easement shall grant right-of-ways suitable for the ingress, egress and the installation and maintenance of the Water Distribution System extension including any Water Distribution System equipment as designed by the Board for present and future service. The owner,developer,or Customer shall also,in a form satisfactory to the Board,grant the Board permission to trim and remove trees as necessary to protect the integrity of its distribution system and the safety and welfare of its employees and the public. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 25 of 41 .W Distribution System Extensions Hometown People.Hometown Power. Water Rule and Regulation 10 In the event the required easements and tree removal permits are not provided by the owner(s),developer(s)or Customer(s)for such extension,the Board may elect to construct all or any part thereof along public highways or other private property. In such event,the Board may require the owner(s),developer(s)or Customer(s)to pay the added construction expense occasioned by the use of such highways or other private property, plus any expense encountered in acquiring permits and easements on other private property when necessary to provide service to the owner(s),developer(s)or Customer(s). M. Non-Standard Equipment Where the Customer requests that the Board utilize equipment which differs from its normal specifications, purchased or installed, the Board may elect to provide such non-standard equipment with the Customer paying any additional cost. N. Non-Standard Construction Where,in the Board's judgment,practical difficulties exist such as unexpected governmental requirements, frost or wet conditions,contaminated soil,rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. O. Other Facilities It will be the responsibility of the owner(s), developer(s) or Customer(s) to identify and provide locations of any existing privately owned underground Facilities such as lawn sprinkler systems,field drainage systems,septic tanks,Customer owned electric lines,etc. If privately owned Facilities are not properly located,the Board does not assume responsibility for any damage to these Facilities. P. Construction Date of Distribution System Extension The Board will,based on availability of work crews and material,and subject to approvals of the appropriate regulatory agencies,utilize best efforts in constructing the Water Distribution System extension to meet a mutually agreed upon date or as required by agreement between the Board and the governmental entity. 2. Water Facility Relocations and Removals: A. At the request of a Customer or developer, or as required due to a conflict, or to meet Board Standards,the Board will relocate or remove its water Facilities provided: (1) The relocation or removal is feasible and meets Board Standards. (2) The Customer or developer obtains approval from all Customers impacted by the proposed relocation. (3) The relocation or removal does not degrade water reliability or quality. (4) All governmental approvals,permits and easements are obtained Prior to any relocation or removal of water Facilities,the Customer or developer shall be required to make a nonrefundable contribution in aid of construction. The aid in contribution of Proposed Approved: 05/25/2010 Proposed Effective: 07/O1/2010 Page 26 of 41 Distribution System Extensions R.. Water Rule and Regulation 10 Hometown People.Hometown Power. construction shall reimburse the Board for all relocation and removal costs including material, labor, the cost of breaking and repairing streets, walks, parking lots, driveways, etc., repairing lawns,replacing shrubs,flowers,etc.,and any right-of-way costs as per this Rule 10,plus the cost of any necessary modifications to the Board's Water Distribution System affected by the relocation or removal,less the salvage value of any portion of the water Facilities removed. B. If, at any time subsequent to completion of the Water Distribution System extension, it is found that Water Mains or related Facilities are not at the correct location or at the proper elevation due to changes beyond the control of the Board, the Customer or developer shall reimburse the Board to relocate Water Mains or related Facilities to the correct location or at the proper elevation. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 27 of 41 )i I Services Water Rule and Regulation 11 Hometown People.Hometown Power. Services 1. General The Customer Water Service shall be furnished,installed,owned and maintained by the Board except as otherwise provided in Rule 9"Water Customer Choice Program". In the course of maintaining or repairing a Customer Water Service, the Board shall bear no responsibility for damage incurred or restoration to areas where the Customer Water Service passes under any area not readily accessible. The Customer shall be responsible for additional repair costs due to these encumbered services. The Service Location shall be specified by the Board and shall be located so that the Board's service Facilities meet or exceed all clearance requirements and applicable local codes. Should it become necessary for any cause beyond the Board's control to change the Service Location, the entire cost of any changes in the Customer's service shall be the responsibility of the Customer. Should it become necessary for the Board to reinforce or upgrade the Water Distribution System to accommodate the requested service, a nonrefundable contribution in aid of construction shall be required as determined by Rule 10.L.D. 2. Application for Service A. Request for existing services Request for existing services are taken by the Customer Service Department at the Board main office at 1232 Haco Drive,Lansing MI 48912 or by calling(517)702-6006 during normal business hours. B. Request for new services Request for new services are taken by the Utility Services Section of the Customer Projects and Development Department at Board offices at 730 E. Hazel Street, Lansing MI 48912 or by calling(517)702-6700,during normal business hours. C. Residential Service Applications The Board is required to exercise due diligence in an effort to prevent identity theft. To establish service/account, customers are required to comply with the Board's effort by producing acceptable elements of positive identification. Acceptable elements of a positive identification include but are not limited to the following: 1. Full Name(an account can only be in one person's name) 2. Date of Birth 3. Address(a copy of the mortgage or lease agreement may be required to verify residency) 4. Telephone Number 5. Email Address 6. Social Security Number(Only required if the customer can not or will not verify their identity in person) 7. State or Governmental issued Identification (i.e. Drivers License, Military ID, Passport) Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 28 of 41 Services Hometown People.HometownPowei. Water Rine and Regulation 11 D. Commercial Service Applications To establish commercial service/account,the Board is required to acquire the following business information: 1. Legal Business Name and Tax ID Number(registered in Michigan) 2. Type of Business 3. Tax Status(Taxable,Tax Exempt or partial Tax Exempt,documentation will be required) 4. Telephone Number 5. Email Address 6. Contact Name(s) 7. Owner or Business Agent Name 8. Mailing Address if different from Service Address 3. Temporary Water Service Temporary water service is available to contractors and others for construction activities, sewer flushing, festival usage,and bulk tanker fill etc. The charge for such temporary water services shall be as specified in Rule 15. 4. Domestic Water Service A. General It shall be the Customer's responsibility to determine the correct pipe size for the Customer Water Service prior to making application. Plans shall be submitted to the Board's Customer Projects and Development Department for services two inches(2")and larger or unusual connections. Customer Water Services shall be installed from the Water Main to the Customer's building or metering manhole or pit in the most direct manner. The pipe comprising the connection shall cross only that legally described property upon which the building to be serviced is located. It is the intent of the Board that all underground water pipes to the meter or meter manhole or pit be installed and maintained by the Board. However,where unusual or special circumstances exist or as allowed by Rule 9"Water Customer Choice Program",the Customer may request approval to install underground water pipes. Applicants shall submit plans and specifications to the Board's Customer Projects and Development Department for approval prior to installation. No person other than an authorized employee or agent of the Board shall open or close the outside valve(curb stop)on the Customer Water Service. No person except an authorized Board employee,agent of the Board or as allowed by Rule 9"Water Customer Choice Program"shall tap, revamp or connect to a Water Main or any of the pipes comprising the Customer Water Service. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 29 of41 Services Hometown People.Hometown Power. Water Rule and Regulation 11 B. Customer Connections to Board Facilities It shall be the Customer's responsibility to connect his plumbing to the Customer Water Service or meter-set installed by the Board. All work shall be in full compliance with all applicable plumbing codes. Where the water Meter Set is installed inside, the Customer shall connect by first installing a valve at the outlet of the Meter Set. Where it is required that the Meter Set be installed outside in a meter manhole or pit, the Customer shall connect at the outlet of Meter Set. The customer shall install a shut-off valve after the outlet of the Meter Set, normally installed at the inside wall of building to be served.. The customer shall be responsible to install,own and maintain Customer Piping from the outlet of the Meter Set and the customer shall be responsible to install,own and maintain the meter manhole or pit structures which house the Meter Set,except where the Board has retained ownership. No connection to the Customer Water Service shall be allowed except at the outlet side of the Meter Set. C. Charges For standard installations, the Customer shall pay a "Water Service" charge for the cost of the Customer Water Service installation prior to construction, in accordance with Rule 15 in a manner as determined by the Board. Where a water service connection is made from a Water Main subject to a "Front Footage Recovery"charge,such charge shall be as stated in Rule 15. All new Customer Water Service connections made to Water Mains shall be subject to a System Connection Fee in accordance with Rate Schedule 3 of the Board's Water Rate Schedules and any applicable charges contained in agreements between the Board and the governmental entity. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements, frost or wet conditions, contaminated soil, rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. Where it is necessary for installation of a Customer Water Service to be scheduled during the "Winter Construction Period" as defined in Rule 15, the Customer may be required to pay a "Winter Construction Charge"as established therein. The Customer shall be responsible for additional repair costs due to encumbered Customer Water Services or damage as a result of negligence, willful damage or carelessness by the Customer, owner or tenants. 5. Fire Service A. General The Board will provide water service for the sole purpose of providing direct fire protection. This service may include but is not limited to: (1) Public Fire Hydrants Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 30 of 41 Services Water Rule and Regulation 11 hometown People.Hometown Power. (2) Private Fire Hydrants (3) Connection to fire sprinkler systems The Board owns and maintains all hydrants and all Fire Services up to the point of entry to the Customer's building, except were Customer Owned Hydrants or Fire Services are connected after the Board's metering point. An approved backflow prevention device shall be installed on the Fire Service and detector check by-pass line. The backflow devices shall be installed,owned,tested and maintained by the Customer. Test results shall be sent to the Board's Customer Projects and Development Department. A detector check by-pass meter shall be installed, owned and maintained by the Board to monitor water consumption through the Fire Service. Water used for fire fighting is paid through the monthly Fire Service charge and is not metered. The Customer shall contact the Board's Customer Projects and Development Department for fire system testing. In addition to the monthly Fire Service charge,the Customer shall be billed for excessive use of water for fire system testing and any water used from the Fire Service for non-fire fighting purposes. The Board reserves the right to inspect Fire Service installations. Fire Services are also subject to Rule 11.3.A. B. Charges The Board shall assess a"Fire Hydrant"charge as stated in Rule 15 prior to the installation of any individual fire hydrant. The Customer shall pay the Fire Service installation cost prior to construction. The Customer shall be responsible for additional repair costs due to encumbered Fire Services or damage as a result of negligence,willful damage or carelessness by the Customer, owner or tenants. 6. Lawn Sprinkler(Irrigation)Service Where a Customer requests that a separate meter be installed in parallel to an existing meter or that a separate meter be installed in conjunction with a new service installation for water use that does. not enter the wastewater system and is permitted by the local governmental entity,the Customer shall pay the amount specified in Rule 15 prior to installation. Such separate meter shall be furnished and installed by the Board at an acceptable location. In no case shall this meter be larger than the service line size. The Customer shall install a valve at the outlet of the meter-set. An approved backflow prevention device shall be installed on all lawn sprinkler/irrigation services. The backflow devices shall be installed,owned,tested and maintained by the Customer, 7. Water Facility Relocations and Removals The Board will relocate or remove its water Facilities in accordance with Rule 10.2. 8. Lead Service Pull Ahead Program A. Where a customer has an identified lead service and desires to have that service replaced before the Board Schedule Replacement date AND the customer does not qualify to be Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 31 of41 Services Hometown People.Hometown Power'. Water Rule and Regulation 11 included in the Sensitive Population Replacement Schedule, the customer is eligible for a credit against the cost to replace the service and or stub as stated in Rule 15. B. For direct replacements of 1"or less standard copper service size the customer will utilize the Customer Choice Program(Rule 9). C. For direct replacement of service and or stub greater than 1"the Customer Project engineer will estimate the replacement and credit. D. For all upgrades,renovation and split services the Customer Projects engineer will estimate the replacement and credit. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 32 of 41 Booster Pumps Hometown People.HometownPowe�. Water Rule and Regulation 12 Booster Pumps Where the Customer uses a booster pump to increase pressure to the Customer's internal plumbing, the pump shall be of such capacity to maintain the suction side of the pump at or above 35 psi. Where a jockey pump is used to maintain pressure on fire sprinkler systems or other unmetered Fire Service,the jockey pump must take suction from a metered Customer Water Service. The Customer shall suitably pipe,valve and protect all booster pumps such that the boosted pressure will not cause backflow into the Board's Water Distribution Svstem. All booster pumps having a capacity that could develop velocities in excess of 10 feet per second in the Customer Water Service shall have modulating valves installed on the discharge so that start-up or shut-down pressure surges will not be generated back into the Board's Water Distribution System. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 33 of 41 -W Water Storage Facilities Hometown People.Hometown Power`. Water Rule and Regulation 13 Water Storage Facilities Where the Customer desires to maintain a stored water facility of any type (elevated storage tank, ground storage tank, etc.) that is directly connected to the Board's Water Distribution System, the storage vessel must be approved by the Board and any other agency or regulatory body with jurisdiction over the facility. Applicants shall submit plans and specifications to the Board's Customer Projects and Development Department for approval prior to installation. The Customer must use a metered Customer Water Service for water used to fill, flush, and/or overflow such storage tanks,including those tanks used for fire protection purposes. The stored water facility shall include provision for protection against backflow into the potable water system as outlined in Rule 14. I Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Pagc 34 of 41 Cross Connection Hometown People.Hometown Powei. Water Rule and Regulation 14 Cross—Connection 1. General A Customer shall not create or allow any actual or potential physical connection between a potable water line and a non-potable fluid,such that it is possible for the non-potable fluid to enter the potable water system. Potable water is provided to the Customer subject to the Board's Cross Connection Control Program which is available by contacting the Board's offices at 1232 Haco Drive, Lansing or on the Board's Internet Web site at www.lbwl.com. 2. Installation of Backflow Prevention Devices The Customer will be required to install a backflow prevention device on a Customer Water Service to assure containment when the Board determines that an unprotected Cross-Connection exits. The backflow prevention device shall be purchased, installed, tested and maintained by the Customer. The Customer must obtain the Board's approval of the type and manufacturer of the device. The Customer shall install the device at the termination of the Customer Water Service at the outlet side of the secondary valve and shall be installed in accordance with good design practice. Unprotected bypasses are not permitted. If, in the opinion of the Board the building use represents an extreme hazard,or that multiple hazards exist within the building, or Customer Piping (internal or external) is too complex to provide for reasonable inspection, or there exist a high potential for future cross connections, a backflow prevention device may be required at the Service Location,in addition to internal protection. 3. Inspection and Maintenance of Backflow Prevention Devices Backflow prevention devices must be installed in an area that will permit easy access for inspection, testing, and maintenance. The Board shall specify inspection and testing of all backflow prevention devices on a regular schedule. If a device is found to be defective, the Customer shall repair or replace the equipment as necessary within thirty days. The Customer shall then notify the Board of compliance. Test results shall be sent to the Board's Customer Projects and Development Department. The Customer shall permit access for inspection by the Board of any backflow prevention devices and all internal plumbing with reasonable prior notice. 4. Compliance The Customer must immediately correct any potentially hazardous backflow condition found during an inspection of internal plumbing. Failure to take adequate corrective action may result in termination of water service. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 35 of41 Cross Connection Hometown People.Hometown Power'. Water Rule and Regulation 14 5. Severe Hazard Locations Customer Water Services serving the following Facilities must be protected against backflow. A safe air gap or reduced pressure backflow preventer is generally specified for the following uses: (1) Hospitals,clinics,sanitariums and biological research centers (2) Morgues,funeral homes and other places with autopsy Facilities (3) Waste-treatment plants(both solid and liquid waste) (4) Chemical plating plants (5) Industrial plants having complex plumbing systems not visually traceable in their entirety (6) Premises with an auxiliary water supply (7) Premises where inspection is restricted (8) Laboratories (9) Marinas (10) Food and beverage processing plants (1 1) Petroleum processing or storage plants (12) Radioactive material processing plants (13) Premises with reclaimed water systems (14) Facilities using treated water for process purposes A pressure-type vacuum breaker is recommended for the following uses: (1) Underground lawn sprinkler systems (2) Irrigation systems 6. Secondary Supplies A Customer's potable water plumbing cannot be connected to any well-water or surface water source, or to any water storage tank not approved by the Board. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 36 of41 Schedule of Fees & Charges Hometown People.Hometown Power. Water Rule and Regulation 15 Schedule of Fees&Charges WATER FEES and CHARGES Charge Description When Applied Charge Water Main Installation Based on design including fire protection coverage Firm price quote,not to exceed quote or at cost Water Main Front Footage %,of the charge for either side of street if not Recovery previously collected. On 6" �h4 /R - Deleted:65 On 8" $75 /ft On 12" �125 /ft _ - Deleted:115 On 16" $�171) /ft _. - Deleted:140 Fire Hydrant Installation When requested by Customer Firm Price Quote Up to and Incl.I"Water Service Main-to-Curb Box Stub on previously installed V I0(1 per stub plus restoration cos[ Deleted:2,150 water mains Curb Box-to-Building(Trenched) $845 minimum,$19 /ft in excess of45 feet plus restoration cost Curb Box-to-Building(Bored) $j 950 minimum,$43/ft in excess of 45 feet, - Deleted:1,935 plus restoration cost Indoor Meter Set—Standard $200 Water Services(Board Installed) Indoor Meter Set-With Split Irrigation $300 Outdoor Meter Set with Meter pit Z- 5u -- _. - Deleted:2,180 Outdoor Irrigation Meter Set with Meter pit %L159 Deleted:2,180 Outdoor Meter Set with Meter pit—Customer $125 Choice Program(labor only) (�onneetion Fee applicable) Retrofit of existing service to allow for split 5450 - Deleted:515 irrigation service Charge for setting meter on a split service after $75 initial installation Greater than 1"Water Service Main-to-Curb Box Stub Firm price quote Curb Box-to-Building Firm price quote Meter Set—greater than I"less than 3" Firm price quote service Meter Pit set—Customer Choice Program $220 (labor only) Split Irrigation Service Firm price quote Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 37 of 41 Schedule of Fees & Charges " Water Rule and Regulation 15 Hometown People.Hometown Power, WATER FEES and CHARGES Charge Description When Applied Charge Service Demolition When requested by Customer $130 Lead Service Pull Ahead Program Reimbursement of actual cost up to the following Credits- Utilizing Customer Choice schedule Program Up to and including I"diameter lead services and stubs-direct replacement to Board Standard Stub(Main-to-Curb Box) $1,520 credit maximum Service(Curb Box-to- Building) $1,380 credit maximum Stub and Service $ 2,900 credit maximum Greater than I"Diameter lead services and stubs- Estimated Credit direct replacements to Board standard For all Upgrades,Renovations and Split Services Estimated Credit of existing lead services to Board standard Winter Construction Charge Water Services,2"and under 18 ITrench ft _ _ __ Deleted: 17 Greater than 2"pipe or service Finn price quote December 15—March 31 In addition to normal charge Damage Meter Charge Upon occurrence For services: Up to I" =$200 1 Yz=Labor and Material* 2"=Labor and Material* *minimum charge of$400 Hydrant Flow Testing When requested by Customer $250 ea. Bulk Water Permit Fee Initial application fee $115 ea Bulk Water Renewal Fee Yearly $30 yearly Consumption Fee For commodity used $Commodity charge/ecf (Filled at Hazel Street Yard Hydrant) +chemical charge-calculated according to current General Water Service Rate 2. Domestic Service Inspection Fee Each inspection visit for 2"or less diameter $75 ea. (Customer Choice Program) services only—no engineering drawings or service evaluation required. Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 38 of41 Schedule of Fees & Charges Hometown Water Rule and Regulation 15 People.Hometown Power. WATER FEES and CHARGES Charge Description When Applied Charge Permit Application Initial request by contractor seeking qualification $400 (Customer Choice Program) Annual Contractor's Qualification Annually $150 permit fee (Customer Choice Program) Engineering,Inspection and On-site mains and commercial services Deposit of 5%for inspection, Administration actual cost of inspection that (Customer Choice Program) are less than or exceeding deposit will be reimbursed or billed. Additionally a nonrefundable 3%for engineering and admin for projects based on Board Estimated construction cost of $100,000 or less Deposit of 4%for inspection, actual cost of inspection that are less than or exceeding _. deposit will be reimbursed or billed. Additionally a nonrefundable 2%for engineering and admin for projects based on Board estimated construction cost of >$100,000 $1,000 minimum non refundable fee for construction inspection and$600 minimum non refundable fee for engineering and administration. Temporary Hydrant Usage for Within Board service area for construction use construction,festivals and Permit Fee per project $150 governmental special use by special pennit. (A) I"RPZ backflow device plus $380 if required. Commodity fee $hp-month or portion thereof Deleted:5 (B) 2"RPZ backflow device plus $720 if required Commodity fee $I( /month or portion thereof - Deleted:4 Cost based on estimated usage (C) Other approved backflow prevention device Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 39 of4l AARN Schedule of Fees & Charges Water Rule and Regulation 15 Hometown People.Hometown Powei. WATER FEES and CHARGES Charge Description When Applied Charge Non-compliance fee $250 deposit Hydrant wrench $45 Water Theft Penalty Fee $500 1"occurrence Up to$1500 2"d occurrence Up to$5000 3rd occurrence and permit revocation Festivals,non-profit or otherwise includes rental of RPZ 1" 1-3 days=$100 4-7 days=$300 8-14 days=$500 2" 1-3 days=$250 4-7 days=$500 Metered use for approved governmental special use- 8-14 days=$750 includes rental of RPZ Setup and removal cost plus Residential Water Service Rate I commodity charge. Security Deposits-Residential For all new customers unless waived by conditions stated in Rule 7. Water&City Sewer 22 Deleted:112 Water Only $_I Deleted:47 Security Deposits-Commercial& For all new customers unless waived by conditions 2 times average monthly bill Industrial stated in Rule 7. Connect fee Standard Service�Bv the end of the next business day of No charge _- Deleted:: Within 24 Ilours the order being taken. Service orders taken before,3.00 _ . .. ... - Deleted:4 p• Y Y P Y - m.weekdays are normal) completed b the end of i the same business day. Same-Day Service: By the end of the same calendar day of the ordering being taken. Service orders taken afterR3:00 p.m.weekdays or on Saturday will $135 - r eleted:4 be completed by the end of the day. i Reconnection Fee Standard Service: Within 24 Hours of the order being $50 taken. Service orders taken before,3.00 p.m.weekdays Deleted:4 are normally completed by the end of the same business day. Same-Day Service: By the end of the same calendar g 135 day of the order being taken. Service orders taken after �_00 p.m.weekdays or on Saturday will be completed _____ __ ___ __ Deleted:4 by the end of the day. Meter Tampering Each Occurrence $155 Non Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks $30 Meter Calibration Charge Customer request meter calibration check is within plus .,NO Deleted:90 or minus 1.5%of accuracy Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 40 of 41 Schedule of Fees & Charges Hometown People.Hometown Power. Water Rule and Regulation 15 WATER FEES and CHARGES Charge Description When Applied Charge Missed Appointment,No Show,No After second occurrence,per occurrence $30 access Fee Non Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks Meter Calibration Charge Customer rcquest meter calibration check is within plus or minus 1-50S6 of accuracy Uo to 2"meter, Deleted:S90 - ------------------- Greater than 2" meters Labor and Material Customer requested service Each Occurrence investigation or meter read Valid Service or Metering Issue No C'har¢e Charges other than those published Relocations repeat thawing.damages.etc At cost Proposed Approved: 05/25/2010 Proposed Effective: 07/01/2010 Page 41 of 41 , ,. I � � � , I � , � �� ' l � � � � � i . � � } 1 !� I i 1 � i STEAM RULES & REGULATIONS i i i W . � Hometown People.Hometown Powei.. Rules and Regulations For Steam Service Approved: 05/25/10 Effective: 07/01/10 Hometown People.tiometownVowe Table of Contents TABLE Or CONTENTS PACE NUMBER Definitions....................................................................................................................................................................4 GeneralProvisions.......................................................................................................................................................5 ServiceConditions.......................................................................................................................................................6 Characterof Service..................................................................................................................................................6 Descriptionof Service...............................................................................................................................................6 Availabilityof Service...............................................................................................................................................6 Agreements................................................................................................................................................................7 MaterialAvailability..................................................................................................................................................7 Useof Service...............................................................................................................................................................8 General......................................................................................................................................................................8 Accessand Damages.................................................................................................................................................8 CustomerPiping and Equipment...............................................................................................................................8 SteamQuality and Disturbances................................................................................................................................9 ImproperUse and Tampering..............................................................................................................................._9 Discontinuationof Service........................................................................................................................................9 Metering.....................................................................................................................................................................10 General....................................................................................................................................................................10 Sizing/Installation/Ownership.................................................................................................................................10 EquipmentLocation................................................................................................................................................ MeterCalibration Request.......................................................................................................................................I I DamagedMeter...................................................................................................................................................j"I __-- Deleted: 12 Applicationof Rates..................................................................................................................................................13 General....................................................................................................................................................................13 Resale......................................................................................................................................................................13 Choiceof Rates........................................................................................................................................................14 Billing.......................................................................................................................... ................14 MinimumCharges... ................................................................................................................................._14 Property Owner-Rental Agent Agreement for 1cave On'Service........................................................................14 Responsibilityfor Payment of Bills..........................................................................................................................15 General....................................................................................................................................................................15 EstimatedConsumption...........................................................................................................................................15 BillingErrors...........................................................................................................................................................15 AccountSecurity Deposits......................................................................................................................................16 Disputeand Hearing Procedure...............................................................................................................................18 Disputes..,...........................................................................................................................................................18 Hearings...................................................................................................................................................................18 Distribution System Extensions................................................................................................................................20 General....................................................................................................................................................................20 Request for Distribution System Extension.............................................................................................................20 Ownership................................................................................................................................................................20 Availability of Distribution System Extension.........................................................................................................20 Installation of Distribution System Extension.........................................................................................................20 Deposit.....................................................................................................................................................................21 Refunds....................................................................................................................................................................21 Adequate Temperature,Pressure and Flow Capacity..............................................................................................22 EconomicDevelopment Offsets..............................................................................................................................22 Easements and Tree Trimming/Removal Permits...................................................................................................22 Non-Standard Equipment........................................................................................................................................22 Non-Standard Construction.....................................................................................................................................22 OtherFacilities...................................................................,....................................................................................23 Approved: 05/25/10 Page 2 of 31 Effective: 07/01/2010 Hometown People.HometownPowei. Table of Contents Construction Date of Distribution System Extension..............................................................................................23 Steam Facility Relocations and Removals...............................................................................................................23 Services.......................................................................................................................................................................24 General....................................................................................................................................................................24 SteamService..........................................................................................................................................................25 General....................................................................................................................................................................25 Customer Connections to Board Facilities..............................................................................................................26 CustomerSteam Piping...........................................................................................................................................26 Installation and Maintenance of Steam Services.....................................................................................................27 Steam Facility Relocations and Removals...............................................................................................................27 Condensateand Master Trap...................................................................................................................................28 General....................................................................................................................................................................28 Condensate..............................................................................................................................................................28 MasterTrap.............................................................................................................................................................28 By-pass Valve..........................................................................................................................................................29 Scheduleof Fees&Charges......................................................................................................................................31 Approved: 05/25/10 Page 3 of 31 Effective: 07/01/2010 Definitions Hametnwnvenpte.Hometuwnvowe�. Steam Rule and Regulation 1 DEFINITIONS OF TERMS AND THEIR ABBREVIATIONS ANNUAL REVENUE—Board estimated income received from a Customer or a group of Customers for a twelve (12)month period,less sales tax,franchise fees and other fees earmarked in the rates. BOARD— When used in these Rules and Regulations,Board is an abbreviation meaning the Board of Water and Light. CUSTOMER—A purchaser of steam service supplied by the Board. CUSTOMER PIPING—A piping system owned or controlled by the Customer that conveys steam from the Service Location throughout the Customer's Premises. CUSTOMER STEAM SERVICE — Those pipes, valves and appurtenances installed between a Steam Main and Customer Piping. DEMAND— The rate of steam delivered at a given point. FACILITIES— A general term which includes pipes, fittings,valves, associated structures and the like, used as a part of or in connection with a steam installation. METER SETTING—Those pipes,valves,trans,and other appurtenances associated with the steam meter. ON-SITE STEAM MAIN—Steam Mains installed on private property that will be located in easements or public right-of-wav and owned and maintained by the Board. PERSON— Any individual, corporation, partnership, company, limited liability corporation, organization or governmental entity. PREMISES— A building and its grounds. RATE— The unit prices as established by the Board's rate-making body and the quantities to which they apply as specified in the Rate Schedule. RATE SCHEDULE— A filed statement of the steam Rate and the terms and conditions governing its application as established by the Board's rate-making body. SERVICE LOCATION—The point at which the Board has agreed to provide steam service to Customer Piping,also defined as the location of the service valve. SERVICE VALVE—The valve installed by the Board at the Service Location in the building. STEAM DISTRIBUTION SYSTEM — The system of Steam Mains, pipes, fittings, valves and all equipment and appurtenances thereto, necessary to distribute steam to Customer Steam Service. STEAM MAIN—A pipe owned and maintained by the Board that conveys steam to a Customer Steam Service. Approved: 05/25/10 Page 4 of 31 Effective: 07/01/2010 General Provisions HomefownPeople.Hometown Power. .Steam Rule and Regulation 2 General Provisions Copies of the Board's Rate Schedules for steam service are open to public inspection at the Board's offices and are available on the Board's Internet Web site w"-w.lbwl.com or upon request. Application for original, modified or added service shall be made at the office of the Board of Water and Light at Utility Services,730 East Hazel Street,Lansing,Michigan 48912. Any Person receiving or agreeing to receive steam service from Board Facilities shall be deemed a Customer of the Board subject to its Rates and these Rules and Regulations and responsible for the service used whether such service is provided under a signed agreement or not. Steam service will not be supplied to new or remodeled buildings until such installations comply with these Rules and Regulations. The Customer should contact the Board's Customer Projects and Development Department to detennine the characteristics of the steam service available at the Premises. The Customer Projects and Development Department will inform the Customer of the Board's requirements, which must be fulfilled by the Customer,in order to receive steam service. The Board may discontinue steam service to any Customer for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Customer must pay a reconnection fee as stated in Rule 12 to cover the costs of restoring steam service that has been discontinued for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Board will release customer information in accordance with written customer authorization and Board policy This document is intended to cover most situations where standardized policies and practices have been established. No officer, agent or employee of the Board has authority to waive or modify the provisions of this document unless specifically authorized to do so by the Board of Commissioners. The Board of Commissioners may revise this document at any time and may modify or suspend any portion of it temporarily or permanently. Approved: 05/25/10 Page 5 of 31 Effective: 07/01/2010 Service Conditions Hometown People.HometownPower. .Steam Rule and Regulation 3 Service Conditions 1. Character of Service The Board produces and distributes saturated steam for public use throughout its service area and will endeavor, but does not guarantee, to furnish a continuous supply and to maintain steam temperature and pressure within reasonable limits. The Board shall not be liable for interruptions in the service including without limitation,variations in the service characteristics,or for any loss or damage of any kind or character occasioned thereby,due to causes or conditions beyond the Board's reasonable control,and such causes or conditions shall be deemed to specifically include,but not be limited to, the following: acts or omissions of Customers or third parties;operation of safety devices except when such operation is caused by the negligence of the Board;absence of an alternate supply of service;failure,malfunction,breakage,necessary repairs or inspection of machinery, Facilities or equipment when the Board has carried on a program of maintenance consistent with the general standards prevailing in the industry;act of God;war; action of the elements; storm or flood; fire; riot; sabotage; labor dispute or disturbance, or the exercise of authority or regulation by governmental or military authorities. Notwithstanding any other provision of these rules,the Board may interrupt or limit steam service to Customers without prior notice and in a manner that appears most equitable under the circumstances then prevailing or as necessary to protect the health, safety and welfare of its employees or Customers. The Board shall be under no liability with respect to any such interruption or limited supply. 2. Description of Service A. Availability of Service (1) Saturated steam service is available twelve(12)months a year to Customers in the City of Lansing except where the Board has determined it to be impractical to serve. (2) Low pressure steam service at pressures less than 15 pound per square inch-gauge (psig) is available where distribution mains are installed in a large portion of the downtown area. The pressure varies according to location, load conditions and ambient temperature, but generally is between 5 and 12 psig at building Service Valves. (3) Medium pressure steam service at pressures exceeding 15 psig is available in some portions of the service area. The pressure usually is 75 psig at building Service Valves but may vary from 25 psig to 125 psig according to location and load conditions. (4) High pressure steam service at pressures up to 275psig is available in some portions of the service area. (5) Steam service is not available where the Board must bring the Customer Steam Service across another parcel or lot in order to provide service. (6) In the case where there is more than one Steam Main capable of providing service, the Board shall determine which Steam Main will be used for service and the location of the Customer Steam Service connection. Approved: 05/25/10 Page 6 of 31 Effective: 07/01/2010 Service Conditions HOmetow1People.HometownpoweF. Steam Rule and Regulation 3 B. Agreements The Board shall require the Customer to enter into a written agreement that details the terms and conditions and price to be paid by the Customer prior to steam service construction. In addition,the Board may negotiate written contractual arrangements as to the provision of necessary service Facilities, duration of service, amount of deposit and refunds thereon, minimum bills or other service conditions for Customers or prospective Customers whose load requirements exceed the capacity of the available distribution system in the area or whose load characteristics or special service needs require unusual investments by the Board in service Facilities or where there is not adequate assurance of the permanent use of the service. The Board may charge a Connect Fee when the Customer request the service to be made active outside normal business hours as specified in Rule 12. No promises, agreements or representations of any agent or employee of the Board shall be of binding force upon the Board unless the same is within the authority of that individual and incorporated in the written agreement. C. Material Availability Subject to the restrictions contained in Rule 3.2.A,the Board will constrict steam distribution Facilities and extensions only in the event it is able to obtain or use the necessary materials, equipment and supplies. The Board may, in its discretion,allocate the use of such materials, equipment and supplies among the various classes of Customers and prospective Customers of the same class. Approved: 05/25/10 Page 7 of 31 Effective: 07/01/2010 W ' Use of Service Hometown People.HometownPowet. Steam Rule and Regulation 4 Use of Service 1. General Saturated steam is supplied to a Customer for exclusive use on the Premises to which it is delivered by the Board. Service may not be shared with another, sold to another, or transmitted off the Premises without the written permission of the Board,except as noted in Rule 6. Use of steam is only for the purposes authorized by the Board and is not to be extended to another building without authorization of the Board. No person other than an authorized employee of the Board shall open or close the outside valve on the Customer Steam Service. No person except an authorized Board employee shall tap modif} or connect to a Steam Main or any of the pipes comprising the Customer Steam Service. 2. Access and Damages The Customer shall provide and maintain appropriate access and working space around steam Facilities in accordance with all applicable Board standards so as to permit ready and safe operation and maintenance of such Facilities. If the Customer does not maintain appropriate access and working space to Board Facilities, the Board shall have the authority to reasonably remove the obstruction(s) hindering the Board's access to the Board Facilities and will have no obligation to restore the Customers premises, The Board's authorized personnel or agents of the Board shall have access to the Customer's Premises at all reasonable hours for all purposes necessary to conduct business, including without limitation: 1) install,inspect,read, repair, maintain, test or remove its meters 2) install, operate and maintain other Board equipment or Facilities, and 3) inspect service installations,Customer Piping, and to determine the connected steam Demand. If the meters, metering equipment or other Board property are damaged or destroyed through the neglect of the Customer, the cost of necessary repairs or replacements shall be the responsibility of the Customer. If, for any reason beyond its control,the Board is unable to read a meter,operate,maintain or make inspection, including but not limited to, reasons such as Premises being locked, meter being inaccessible or unsafe conditions, then after due written notice to the Customer, the stearn service may be disconnected until such time as arrangements have been made to permit access for Board inspection and approval and the Customer has paid the appropriate reconnection fee as stated in Rule 12 3. Customer Piping and Equipment The Board may deny or terminate service to any Customer whose Customer Piping or equipment constitutes a hazard to the Board's employees,equipment or its service to others.However,the Board is not responsible to inspect Customer Piping or equipment and shall not be held liable for any injury or damage resulting from the condition thereof. The Customer shall install and maintain the necessary facilities or devices to protect Customer owned equipment against service interruptions and other disturbances on the Board's system. Alterations to the Customer Steam Service or associated equipment are prohibited without approval of the Board. Approved: 05/25/10 Page 8 of31 Effective: 07/01/2010 Use of Service Hometown People.HometownPowei. Steam Rule and Regulation 4 4. Steam Quality and Disturbances The Customer shall operate equipment in a manner that does not cause surges,water hammer or other problems in the Steam Distribution System or to other Customers. If the Board notifies the Customer of such a condition, the Customer shall discontinue operation of equipment causing such condition until a correction has been made. If the Customer does not remedy the condition within the Board requested timeframe,the Board will discontinue service until the Customer has remedied the situation and has paid fees for Investigations and Reconnections under Rule 12. 5. Improper Use and Tampering Any Person or Customer that uses steam without making proper application for steam service shall be responsible for all charges for steam service. The amount of such charges shall be determined by the Board either by meter readings or on the basis of calculated consumption for the time steam was used. If steam is being used by a Customer without proper application for service or steam service connection, the Board may discontinue service without notice. In case of such discontinuance of service,the Board shall restore service only after the Customer has paid a meter tampering fee and a reconnection fee as stated in Rule 12, and has made appropriate restitution for stolen services and damaged equipment. The Board may discontinue service and seek criminal charges, if it is determined that the meter or piping on the Customer's Premises has been tampered with or altered in any manner to steal steam. if the Board discontinues service for this reason,the Board shall restore service only after the Customer has paid the reconnection fee as stated in Rule 12,made appropriate restitution for stolen service and made provisions for metering and/or piping changes as may be required by the Board. 6. Discontinuation of Service Service may be voluntarily or involuntarily disconnected. A. Voluntarily (1) Service may be voluntarily disconnected per the Customer's request. The Board recommends that the Customer or the Customer's representative be present for the disconnection to ensure complete shutoff. It can be difficult for the Board to confirm that the service has been completely turned off if there is no one present at the premises during the shutoff. The Customer is responsible to advise the Board if the shutoff was not entirely effective. (2) Requests for temporary discontinuation of service for purposes such as winterization or seasonal occupancy shall be subject to a reconnection fee as stated in Rule 12 to cover the costs of restoring;service. (3) Service may be voluntarily permanently disconnected, for demolition purposes by submitting,a demolition request form. Permanent disconnection shall be completed at the cost of labor and material required to complete the termination. B. Involuntary (1) Service may be involuntarily disconnected in the following instances: (a) Noncompliance with applicable Rules and Regulations; (b) Noncompliance with Municipal,State and or Federal law;or (c) Issuance of a Court Order Approved: 05/25/10 Page 9 of 31 Effective: 07/01/2010 r Metering "'. Steam Rule and Regulation 5 Hometown Peop e.Homerown Power. g Metering 1. General All steam sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the Board except where it is impractical to meter,such as for temporary or special installation,in which cases the consumption may be calculated. Inquiries regarding rding installation requirements should be directed to the BOARD's CUSTOMER Projects and Development Department. - Deleted:¶ -------------------------------------------------- If for any reason all the steam used 2. Sizing/Installation/Ownership cannot be registered accurately as condensate,the unmctcred portion shall A. The METER SETTING shall be understood to consist of either of the following: be estimated by the Board on the basis or prior consumption or the operating (1) Condensate Collection Type Meter Settings shall consist of a gate valve,strainer, characteristics of the building and union,master trap and condensate meter. The meter set shall be installed at the equipment termination of the building's condensate piping system. The Customer shall furnish the date valve,strainer,and union and master trap. The BOARD shall furnish the condensate meter and master trap for installation by the customer and subject to applicable fees. The Board shall own and maintain the meter trap,condensate meter. (2) Steam Flow Meter Settings shall consist of an arrangement of pipes,valves,traps,flow straighteners,and steam flow meter,and may also include other appurtenances required to support and provide acceptable steam flow characteristics through a flow type meter,in accordance with the meter manufacturer recommendations and the BOARD'S specifications and standards. The meter setting shall be installed at the location where the steam service enters the building. The customer shall furnish all pipes,valves,flow straighteners and all other required appurtenances. The BOARD shall furnish the steam flow meter and trap(s)for the flow meter setting,for installation by the customer,subiect to applicable fees- B. it is the responsibility of the CUSTOMER to obtain all required materials for the METER SETTING(except for the meter which will be furnished by the BOARD,and all communication and control wiring for the metering and monitoring equipment which will be furnished and installed by the BOARD),and perform the installation of the METER SETTING in accordance with all applicable BOARD standards and specifications. C. The BOARD shall inspect the METER SETTING prior to being placed in service. The CUSTOMER is responsible for correcting any deficiencies discovered during inspection,or which may become apparent after the METER SETTING is placed in service. D. Upon installation of the meter setting by the Customer, and Approval by the BOARD, the BOARD will own and maintain all components of the meter setting including valves, strainers,straighteners,traps,unions,and meters. The Board shall also own and maintain any connective wiring,including fiber optic cable,or other communication means used to obtain meter reads alerts and meter status information from the meter. E. The BOARD will not own and maintain any piping after the METER SETTING to a drain,or the drain for condensate. Condensate disposal shall be the responsibility of the CUSTOMER. Approved: 05/25/10 Page 10 of 31 Effective: 07/01/2010 Metering llemetownpeep�e.Hometawnpowe,. Steam Rule and Regulation 5 The Board shall not own or maintain any conduit,cableways,or route used from connective wiring for the Meter Setting. F. The sizing of metering equipment shall be determined by the Board.It is the responsibility of the Customer to provide an estimate of Demand in LBS/HR for the maximum and minimum anticipated flows during summer and winter heating seasons. The estimate shall include all proposed steam processes and their respective Demands, including but not limited to space heating,humidification,hot water heating,and cooking_ G. The Board reserves the right to re-size any Meter Setting if it is discovered that the installed meter size or type is inappropriate for the actual Demand. The cost of re-sizing the meter shall be the responsibility of the Customer. r.._......-__ _-_.-_._....- _.................. ..... ..._ _.. _-. .._.__.__-.___.__..-_._ ._-....._ ....._.. ......._........ .....-_- Deleted:<> p sizing/Installationlowne 3. Equipment Location rship9 A meter-sel consisting of a gale valve, A. The Customer shall provide, at no expense to the Board, a space/enclosure suitable to the stainer,union,master trap and condensate meter shall be installed at the Board for the installation of the necessary metering equipment. The Customer shall furnish termination of the building's condensate the space and the provisions for mounting metering and service equipment to meet Board pipingsystem.v requirements, Inquiries regarding installation requirements should be directed to the Board's The Customer shall furnish and install the gate valve,strainer,union and master trap Customer Projects and Development Department. according to the Board's specifications and slandards.1 B. The Customer shall locate Meter setting inside the building served in a.well ventilated,-well The Board shall furnish the condensate lit,heated area with ample space for meter reading and maintenance. f meter for installation by the Customer.1 t t The Board shall own and maintain the C. The Customer shall not place the meter in a pit below floor level,a rest room or on a platform gale valve,stainer,union,master trap higher than thirty 30 inches above the floor unless Board approved steps and platform are ° and condensate meths¶ g rtY� ) PP P P `+ The Board may furnish more than one installed. meter for installation by the Customer, depending upon the total capacity needed; D. Mounting devices or support for the Meter Setting, including but not limited to conduits for the system arrangement,or the number of connective and communications wiring,stands,and brackets shall be the responsibility of the Customers in the building,¶ Customer to install and maintain. Support shall be substantial, level,concrete or metal,with Deleted:metering equipment enough space for the outlet piping and at least two(2)feet of unobstructed clearance directly Deleted: and master tap above the meter. All Meter Settings shall be located at an elevation easily accessible -- personnel standing at floor grade for reading and maintenance. Wood supports are not acceptable for new meter installations or meter upgrades. E. If,for any reason beyond its control,the Board is unable to read a meter,operate,maintain or make inspection, including but not limited to, reasons such as Premises being locked, meter being inaccessible or unsafe conditions, then after due written notice to the Customer, the steam service may be disconnected until such time as arrangements have been made to permit access for Board inspection and approval and the customer has paid the appropriate reconnection fee. V. -' Deleted:<q>Thh Customer shall furnish a substantial,level,concrete, metal or wood support for the meter 4. Meter Calibration Request selling with enough space for the outlet piping and at least two(2)feet of Upon customer request and subject to applicable fees in Rule 12, the BOARD may check meter unobstructed space directly above the calibration to ensure it is within the permitted accuracy limits of plus or minus 2%. Inaccurate meters meter. t be less elevation eighteen(1 support permitted I shall not be Less than eighteen(I8)inches will be repaired or replaced. and not more than thirty(30)inches above die floor.¶ 5. Damaged Meter Approved: 05/25/10 Page 11 of 31 Effective: 07/01/2010 Metering p ` Steam Rule and Regulation 5 Hometown Peo e.Hometown Power. i A. The Customer shall be held liable for damage to the metering and monitoring equipment,and communication and control wiring from acts of carelessness,negligence or willful damage by owner, their agent or tenants. The cost of necessarypairs or replacements shall be the responsibilityoftheCdstomer-'------------- ----------_-_ - Deleted:his Deleted:The Board will repair any B. A customer requesting service in a location where the Board has an existim4 Service meter so damaged,and the cost shall be Connection,and the meter is missing,broken,or otherwise inoperable,a Meter Replacement billed to the Customer. Pee shall be applied in accordance with Rule 12. ' i I I Approved: 05/25/10 Page 12 of 31 Effective: 07/01/2010 Application of Rates n�w Steam Rule and Regulation 6 Hometown People.Hometown Power. g Application of Rates 1. General Steam Rates are predicated upon the Board not being required to provide not more than one Customer Steam Service to a building or structure. The Board shall separately meter and separately bill service at different points or at different buildings or structures unless specifically provided for in the applicable Rate Schedule. 2. Resale The owner or operator of an office building,apartment building,shopping mall,or similar structure may purchase steam from the Board for resale to occupants on the condition that service to each occupant shall be metered separately and that the occupants may not be charged more for such service than the appropriate Rate of the Board available for similar service under like conditions. In order to qualify for resale to tenants, the owner or operator must state in writing their intent to resell in the application for service. The owner or operator shall be responsible for payment of purchased steam for resale as required by Rule 7. The Board shall have no obligation to furnish,test or maintain meters or other facilities for the resale of service by the reselling owner or operator to the occupant. Billing records of the owner or operator may be audited once every 12 to 18 month using generally accepted auditing practices. The audit shall be conducted by the Board or if the Board elects,by an independent auditing firm approved by the Board. The reselling owner or operator shall be assessed a reasonable fee for an audit conducted by the Board. The owner or operator providing the resale shall be responsible for testing of each occupant's meter at least once every 3 years. The accuracy of such meters shall be maintained within 2%. Meters shall be tested only by outside testing services or laboratories approved by the Board. A record of each meter, including testing results, shall be kept by the reselling owner or operator during the use of the meter and for an additional period of one year thereafter. When requested,the reselling owner operator shall submit certified copies of the meter test results and meter records to the Board. The reselling owner or operator shall render a bill once during each billing month to each of the occupants' or tenants in accordance with the appropriate Board Rate Schedule. Every bill rendered by the reselling owner or operator shall specify the following information; The Rate Schedule title, the due date,the beginning and ending meter reading of the billing period and the dates thereof, the difference between the meter readings; the amount due for services and/or commodity use, as applicable to the Rate;subtotal before taxes,sales tax,other taxes where applicable;the amount due for other authorized charges;and the total amount due. The due date shall be 21 days from the date of rendition. The reselling owner operator shall be responsible for all collections and payment disputes for resale occupants. Approved: 05/25/10 Page 13 of 31 Effective: 07/01/2010 Application of Rates Hometown People.HometownPoweF. .Steam Rule and Regulation 6 The reselling owner or operator shall supply each occupant with a steam system adequate to meet the needs of the occupant with respect to the nature of service,pressure,and other conditions of service. If the reselling owner or operator fails to meet the obligations of this rule, the Board will notify the appropriate authorities and after reviewing with the reselling owner or operator,the problem(s)is not resolved,the Board may declare the reselling owner or operator in violation of Rule 2. 3. Choice of Rates In some cases, the Customer may be eligible to take service under any one of two or more Rates. Upon request, the Board will advise the Customer in the selection of the Rate that will provide the lowest cost of service,based on the best available information,but the responsibility for the selection of the Rate shall be the sole responsibility of the Customer. After the Customer has selected a Rate,the Customer may not change from that Rate to another Rate until at least twelve(12)months have elapsed. The Customer shall not evade this rule by temporarily terminating service. The Board may waive the provisions of this paragraph where it appears that a change of the Rate is necessary for permanent rather than temporary or seasonal advantage. The intent of this rule is to prevent frequent changes from Rate to Rate. The Board shall not be responsible to refund the difference in charges under different Rates applicable to the same class of service,unless the Board provided an incorrect initial service turn-on Rate setting or unless the Customer makes a written request and has a permanent change in load profile. Any refund is subject to Board approval. 4. Billing Customers having more than one meter shall have consumption computed by individual meter in accordance with the current Rate Schedule. 5. Minimum Charges A minimum charge,as defined by the Rate in effect, shall be applied to all services and billed to the Customer. Where the Customer requests that a service be discontinued,the Board shall deactivate the service by any appropriate means, including without limitation, removing the meter and by disconnecting the service from the Board's Steam Distribution System. 6. Property Owner-Rental Agent Agreement for"Leave On"Service The Board may waive application charges to maintain continuity of service at rental property locations provided: (1) the landlord agrees in writing to assume the responsibility for steam service during the interim between tenants, and (2) the landlord is in compliance with all other rules and regulations of the Board. Approvcd: 05/25/10 Page 14 of 31 Effectivc: 07/01/2010 Responsibility for Payment of Bills HometownPeople.HametownPower. Steam Rule and Regulation 7 Responsibility for Payment of Bills 1. General Each Board Customer is responsible to pay all utility bills as rendered on or before the due date shown thereon. The Customer remains responsible for payment of the bills until the Customer orders service to be discontinued and the Board has had reasonable time to secure a final meter reading. Bills are rendered on approximately a monthly basis. Bills are mailed to Customers approximately fifteen (15) days before the due date shown on the bill. The Customer shall pay the net amount if paid on or before the due date on the bill. Failure on the part of the Customer,through no fault of the Board,to receive the bill shall not entitle the Customer to pay the net amount after the due date of the bill. if a bill remains unpaid after issuing a five(5)day written shut-off notice,the Board shall have the right to discontinue service. In extenuating circumstances, a Customer will be afforded the opportunity to make payment arrangements. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing,pending results of the hearing. Service may be discontinued for nonpayment of bills that are not in dispute. The Board may also require individual Customers to enter into a written `Billing Service Agreement,"insuring that the Customer is responsible for all services used and rendered. The Board will make billing history available to Customers at no charge,provided the information is currently stored on an active database. Customer request for billing history that is no longer on an active database will be subject to payment of hourly fees based on the average burdened hourly wage of the Board employee assigned to perform the research and compilation of the data. The Board will charge a"Non Sufficient Funds Fee"in accordance with Rule 12 for returned checks. 2. Estimated Consumption Readings may be estimated when conditions warrant. Until reconciled by an actual reading, bills rendered on estimated consumption have the same force and effect as bills rendered on actual meter readings. Any consumption that cannot be registered accurately shall be estimated based on prior consumption or operating characteristics of the building and equipment. 3. Billing Errors A. When an error is found to exist in the billing rendered to a Customer,the Board will correct such error to recover or refund the difference between the original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three(3)years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. B. When an error is found to exist in the billing of a contract or service agreement with or governing the Customer,the Board will correct such error to recover or refund the difference Approved: 05/25/10 Page 15 of31 Effective: 07/01/2010 Responsibility for Payment of Bills Hometown People.HometownPowei. .Steam Rule and Regulation 7 between original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. 4. Account Security Deposits The Board shall require an account security deposit from any new or existing Customer with an unacceptable credit history with the Board. The Board shall apply different rules to new Customers signing tip for service in accordance with Rule 7.4.CB. The deposit is normally 2 times the average monthly bill(actual or estimated)as determined by the Board and shall be applied according to Rule 12. Security Deposits shall be administered in accordance with Customer Service established Standards and Guidelines The Board may waive deposits in special circumstances. The Board may also demand deposits larger than 2 times the average monthly bill if the Board determines that a Customer presents a higher than normal credit risk. A. Unacceptable credit history includes but is not limited to the following: (1) The Customer has deliberately misinformed or misrepresented facts to the Board. (2) The Customer misrepresents their identity. (3) The Customer has diverted or interfered, in an unauthorized manner, with utility service in the past 6 years. (4) The Customer has had one or more payments canceled in the last 12 months due to:(1) non- sufficient funds returned check, (2) account closed returned check, (3) non-sufficient funds bank bill,(4)account closed bank bill,(5)credit card reversal, (6)or other payment method cancellation. (5) The Customer has a prior account that is delinquent within the last 6 years. B. New Customers may not be required to submit a deposit,in any of the following situations: Residential Customers (1) The Customer has no service history with the Board and has been permitted into the Good Faith Deposit Program in accordance with Customer Service established Standards and Guidelines. (2) The Customer has previously established an acceptable payment history with the Board on a similar account. (3) The Customer's bill is paid by a governmental agency. (4) The Customer secures a guarantor;the guarantor has an acceptable payment history. (5) The Customer provides an acceptable surety bond. (6) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. Commercial and Industrial Customers Approved: 05/25/10 Page 16 of 31 Effective: 07/0 l/2010 Responsibility for Payment of Bills Hometown People.Hometown Power. Steam Rule and Regulation 7 (1) The Customer has previously established an acceptable payment history with the Board on a similar account. (2) The Customer's bill is paid by a governmental agency. (3) The Customer secures a guarantor;the guarantor has an acceptable payment history. (4) The Customer provides an acceptable surety bond. (5) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. The Board will refund deposits to all Customers who have taken service for 12 months and have an acceptable payment history. The Board will also refund deposits to Customers who have voluntarily terminated service and paid all charges due. The Board will pay simple interest accrued on Account Security Deposits held. No interest will be paid until the deposit is returned to the customer. The interest rate will be updated on July 1 of each year.The interest rate used to calculate interest will be the sum of the Federal Funds rate in effect on the last day of March of the current year plus.25%. Approved: 05/25/10 Page 17 of 3l Effective: 07/01/2010 Dispute and Hearing Procedure Hometown People.HometownPower. Steam Rule and Regulation 8 Dispute and Hearing Procedure 1. Disputes In accordance with the Lansing City Charter, the Board is required to provide a fair and equitable dispute and hearing process for its Customers as follows: A. When any Customer disputes a bill or service and the Board is so advised in writing, the date of the notice of dispute will be recorded. B. Service to a Customer sliall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing, pending results of the hearing. Service may be discontinued for nonpayment of bills that are not disputed. C. The disputed bill or service will be investigated promptly and completely. D. The Customer will be advised of the results of the investigation. E. An attempt will be made to resolve the dispute in a manner mutually satisfactory to both parties. F. The Board will provide the opportunity for each Customer to enter into a reasonable settlement agreement in order to mutually resolve the disputed claim or to satisfy any liability not in dispute. G. If a settlement cannot be reached between the Customer and the Board's Account Administrator, the Customer may choose to appear before the Board's Dispute Review Committee. The review will be scheduled within ten(10)days of the request or as mutually agreed to by both parties. H. if a settlement cannot be reached following examination by the Dispute Review Committee, the account will be referred to the Board's General Manager. i. If a settlement is not reached after review by the Board's General Manager,the Customer shall be afforded an opportunity for a hearing. J. The Customer shall be responsible for payment of all other bills or portions of bills as rendered which are not in dispute. 2. Hearings A. Any Customer who disputes the services provided or a billing for services furnished in accordance with the Board's filed Rates, Rules and Regulations or established policies or procedures may request a hearing. If a hearing requested is based on a disputed past due bill,the request must be made within ten (10) calendar days following the final outcome of the dispute process. Any request for a hearing may be made in writing and received by the Board's corporate office at 1232 Haco Drive,Lansing,Michigan,48912. B. On receipt of a request for a hearing, the Board will forward this request to an independent Hearing Officer. The Hearing Officer will arrange a time for the hearing and advise both the Customer and the Board of the date,time and location in writing. The hearing will be scheduled during normal business hours. Failure of the Customer or Board to attend the hearing without due cause or prior request for adjournment will constitute a waiver of right of that party to the hearing. Approved: 05/25/10 Page 18 of 31 Effective: 07/01/2010 Dispute and Hearing Procedure Hometown People.HometownPowei. Steam Rule and Regulation 8 C. The Board and the Customer shall: (1) Have the right to be represented by Counsel or other persons of their choice. (2) Have the right to present evidence,testimony and oral and written argument. (3) Have the right to cross-examine witnesses appearing on behalf of the other party. (4) Have the right to have the hearing recorded by a court reporter at the expense of the Customer. The Hearing Officer shall also have the right to have the hearing recorded by a court reporter. Recordings will be preserved at least six (6) months from the date of the hearing. All evidence relevant to the dispute will be received. D. For each hearing, the Hearing Officer shall compile a hearing record which will contain; (1) A concise statement in writing of the position of the Board in relation to the dispute. (2) A concise statement in writing of the position of the Customer in the dispute. (3) Copies of all evidence submitted by the parties. E. If a decision is reached during the hearing, the Hearing Officer shall state the decision to both parties. If the Hearing Officer does not reach a decision during the hearing,additional time will be allowed to reach a decision. When a decision has been reached,either at the hearing or later, the Hearing Officer will prepare a report which shall contain the following: (1) A concise summary of the evidence and argument presented by the parties. (2) The decision and a statement that the decision of the Hearing Officer was based solely on the evidence presented and reasons therefore. (3) Advise that the representatives of the Board and the Customer have a right to file an appeal with the Board of Commissioners. (4) A statement as to any settlement agreement. (5) A statement that the dispute determination is binding on both parties unless appealed to the Board of Commissioners within ten(10)days of the date of mailing of decision,and that any request for appeal must be in writing to the Corporate Secretary. F. The Hearing Officer shall file the written report with the Board of Commissioners and the Mayor of the City of Lansing. A copy of the report shall be sent to the Customer via certified mail. G. If the dispute is unresolved and the decision appealed, the Hearing Officer shall make recommendations to the Board of Commissioners on the dispute. The Secretary of the Board will arrange a time for the appeal and advise both the Customer and the Board of the date,time and location in writing. Failure of the Customer to appear at the time set for the appeal without due cause, or to request an alternate date, will constitute a forfeiture of the dispute. The decision rendered by the Board of Commissioners will be final. Approved: 05/25/10 Page 19 of 31 Effective: 07/01/2010 Distribution System Extensions Home[ownPeople.HometownPowei. Steam Rule and Regulation 9 Distribution System Extensions 1. General When application is made for steam service which rcouires the extension of the Board's existint Steam Distribution System or installation of a new steam setvice, the Board will make such extensions when the estimated annual revenue, probable stability of the load and prospective load growth reasonably warrant the capital expenditure required. The Board shall have the final determination of estimating loads,consumption and revenue of distribution extension and services to calculate Annual Revenue. A. Request for Distribution System Extension Rule 9 sets forth the conditions under which the Board will extend its Steam Distribution System. B. Ownership The Board shall provide, own, maintain and specify all of its distribution Facilities including location. No ownership rights to Board Facilities shall pass to any owner(s), developer(s),or Customer(s)by reason of any contribution required hereunder. C. Availability of Distribution System Extension The Board shall in its sole discretion determine whether or not any particular Steam Distribution System extension shall be made, regardless of its intended use, and establish any special conditions or requirements that may apply, including but not limited to entering into an agreement with a developer,property owner(s)or Customer. Steam Distribution System extensions are generally available throughout the steam service area if the requested service will not disturb or impair service to prior users and is within or contiguous to areas presently served. D. Installation of Distribution System Extension All Steam Distribution System extensions shall be installed by the Board or its agent. Steam Distribution System extensions shall be installed in public right-of-way except in certain cases where, at the Board's discretion, they may be installed in dedicated recordable easements on private property at no cost to the Board. The Customer shall provide the Board a final preliminary approved site plan for Board review and approval. Installation of a Steam Distribution System extension will be initiated provided: (I) The Customer has entered into a written agreement with the Board for the construction of the Steam Distribution System extension. 2 The Customer has aid an deposits as required b Rule 7.4 and Rule 1 for the Deleted: i O P Y 1? q Y �_- _-- Steam Distribution System extension and any required system reinforcement. (3) Where applicable,the Customer has recorded the plat or final preliminary approval has been received, monuments or markers are in place, lot lines staked, sewers installed, streets at finished grade(before gravel and curb and gutter installation), sidewalk grading completed,and the ground is in workable condition. Approved: 05/25/10 Page 20 of 31 Effective: 07/01/2010 Distribution System Extensions Hometown People.Hometown POwef, Steam Rule and Regulation 9 (4) The Customer has provided,and the Board has approved,a site plan detailing the pertinent design features of the proposed extension to the Customer Projects and Development Department. During the review process,the Board may specify plan changes to be made by the Customer prior to approval by the Board. (5) Construction during the winter season will only occur at the Board's discretion. E. Deposit The Customer may be required to pay all or a portion of the cost of the extension to Steam Distribution System, installation of Customer Steam Seivice,or Meter Settings,based on an evaluation of the Board's recovery of capital cost alone with other business related matters. The Customer may be required to make a deposit based on the following: (1) For Customer(s)to be served within one year:The Board shall require a deposit from the Customer, prior to construction. in the amount that the estimated cost of the distribution extension and service exceeds one (I) times the estimated new Annual Revenue to be received from the Customer(s). Any nonrefundable contribution in aid of construction made will be credited against the cost of such extension forpwposes of this calculation. (2) For serving Loads of questionable stability or development: A deposit, if required, by the Customer will be based on an evaluation of the Board's recovery of capital cost along with other business related matters. (3) Prior to the installation of an extension to the Steam Distribution System,the owner(s), developer(s)or Customer(s)who are to make any contribution required hereunder shall be required to enter into a written agreement. The agreement will generally describe the proposed distribution system and set forth the respective obligations of the parties. Such agreements shall be subject in all respects to the provisions of this Rule 9 and 10. Each proposed extension shall be a separate and distinct unit and any extension thereof shall,if agreed to by the Board,be made the subject of a separate written agreement. F. Refunds (1) Distribution Line extension deposits made with the Board shall be subiect to refund without interest during the first five(5)twelve(12)month periods from the date of the written agreement for a distribution system extension as required by these Rules and Regulations, Rule 9 and 10. Refunds will only be made to Verson(s) making the deposit and shall cease when they equal the amount deposited or at the close of the fifth twelve(12)month period following the month during which the line extension is completed, after which the Board shall have no fitrther obligation to refund any remaining portion of the line extension deposit. (2) The Board will refund to the party makingthe a deposit: (a) An amount equal to one (1) times the first year estimated Annual Revenue less the construction cost of the extension of the Steam Distribution System for each additional new commercial/industrial permanent Customer(s) directly connected to the extension. Approved: 05/25/10 Page 21 of 31 Effective: 07/01/2010 �. Distribution System Extensions town People.Hometown power. Steam Rule and Regulation 9 (b)Directly connected Customers are those that do not require the construction of more than 300 feet of Steam Main. Refunds will not be made until the original Customer(s) or its equivalent are permanently connected to the extension. G. Adequate Temperature,Pressure and Flow Capacity The Board shall not make Steam Distribution System extensions unless adequate temperature,pressure and flow capacity is available at the location of the Steam Distribution System extensions as determined by the Board. Where a Steam Distribution System reinforcement is required to provide adequate temperature, pressure and flow capacity at the location of the Steam Distribution System extension,the Customer shall bear the cost of such Steam Distribution System reinforcement in accordance with Rule 10. H. Economic Development Offsets Where the Board determines that the Steam Distribution System extension will promote development that provides substantial and sustainable economic benefits to its Customers or the Lansing region, the Board will consider an offset to its fees and charges and/or an economic incentive subject to its availability. I. Easements and Tree Trimming/Removal Permits Where the Board has agreed to construct the Steam Distribution System extension in an easement and prior to such construction, the owner(s), developer(s)or Customer(s) shall be required to furnish,at no expense to the Board,recordable easements in a form satisfactory to the Board. The easement shall grant right-of-ways suitable for the ingress, egress and the installation and maintenance of the Steam Distribution System extension including any Steam Distribution System equipment as designed by the Board for present and future service. The owner,developer,or Customer shall also,in a form satisfactory to the Board,grant the Board permission to trim and remove trees as necessary to protect the integrity of its distribution system and the safety and welfare of its employees and the public. In the event the required easements and tree trimming and removal permits are not provided by the owner(s), developer(s) or Customer(s) for such extension, the Board may elect to construct all or any part thereof along public highways or other private property. In such event, the Board may require the owner(s), developer(s) or Customer(s) to pay the added construction expense occasioned by the use of such highways or other private property,plus any expense encountered in acquiring permits and easements on other private property when necessary to provide service to the owner(s),developer(s)or Customer(s). J. Non-Standard Equipment Where the Customer requests that the Board utilize equipment which differs from its normal specifications, purchased or installed, the Board may elect to provide such non-standard equipment with the Customer paying any additional cost. K. Non-Standard Construction Where,in the Board's judgment,practical difficulties exist such as unexpected governmental requirements, frost or wet conditions,contaminated soil,rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or Approved: 05/25/10 Page 22 of 31 Effective: 07/01/2010 Distribution System Extensions Hometown People..Hometown Power.P 3r Steam Rule and Regulation 9 P Po o established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. L. Other Facilities It will be the responsibility of the owner(s), developer(s) or Customer(s) to identify and provide locations of any existing privately owned underground facilities such as lawn sprinkler systems,field drainage systems,septic tanks,Customer owned electric lines,etc. If privately owned facilities are not properly located,the Board does not assume responsibility for any damage to these facilities. M. Construction Date of Distribution System Extension The Board,based on availability of work crews and material,and subject to approvals of the appropriate regulatory agencies, utilize best efforts in constructing the Steam Distribution Systetn extension to meet a mutually agreed upon date. 2. Steam Facility Relocations and Removals: A. At the request of a Customer or developer,or as required due to a conflict,or to meet Board Standards,the Board will relocate or remove its steam Facilities provided: (1) The relocation or removal is feasible and meets all applicable Board Standards, Specifications,Rules and Regulations. (2) The Customer or developer obtains approval from all Customers impacted by the proposed relocation. (3) The relocation or removal does not degrade steam reliability or quality. (4) All governmental approvals,permits and easements are obtained. Prior to any relocation or removal of steam Facilities, the Customer or developer shall be required to make a nonrefundable contribution in aid of construction. The contribution in aid __- Deleted:aid it of construction shall reimburse the Board for all relocation and removal costs including material,labor,the cost of breaking and repairing streets,walks,parking lots,driveways,etc., repairingJandscaping,etc.,and any right-of-way costs as per this Rule 9,plus the cost of any ,_ Deleted:laws necessary modifications to the Board's Steam Distribution System affected by the relocation Deleted:replacing shrubs,flowers, or removal,less the salvage value of any portion of the steam Facilities removed. B. If, at any time subsequent to completion of the Steam Distribution System extension, it is found that Steam Mains or related Facilities are not at the correct location or at the proper elevation due to changes beyond the control of the Board, the Customer or developer shall reimburse the Board to relocate Steam Mains or related Facilities to the correct location or at the proper elevation. Approved: 05/25/10 Page 23 of 31 Effective: 07/01/2010 W I Services Ho owef. Steam Rule and Regulation 10 Services 1. General: The Customer Steam Service shall be furnished, installed, owned and maintained by the Board. In the course of maintaining or repairing a Customer Steam Service, the Board shall bear no responsibility for damage incurred or restoration to areas where the Customer Steam Service passes under any area not readily accessible. The Customer shall be responsible for additional repair costs due to these encumbered services. The Service Location shall be specified by the Board and shall be located so that the Board's service Facilities meet or exceed all clearance requirements and applicable local codes. Should it become necessary for any cause beyond the Board's control to change the Service Location, the entire cost of any changes in the Customer's service shall be the responsibility of the Customer. Should it become necessary for the Board to reinforce or upgrade the Steam Distribution System to accommodate the requested service, a nonrefundable contribution in aid of construction may be required as determined by Rule 9. 2. Application for Service A. Request for existing services Request for existing services are taken by the Customer Service Department at the Board main office at 1232 Haco Drive, Lansing MI 48912 or by calling(517)702-6006 during normal business hours. B. Request for new services Request for new services are taken by the Utility Services Section of the Customer Projects and Development Department at Board offices at 730 E. Hazel Street, Lansing MI 48912 or by calling(517)702-6700,during normal business hours. C. Residential Service Applications The Board is required to exercise due diligence in an effort to prevent identity theft. To establish service/account, customers are required to comply with the Board's effort by producing acceptable elements of positive identification. Acceptable elements of a positive identification include but are not limited to the following: (1) Full Name(an account can only be in one person's name) (2) Date of Birth (3) Address( a copy of the mortgage or lease agreement may be required to verify residency) (4) Telephone Number (5) Email Address (6) Social Security Number(Only required if the customer can not or will not verify their identity in person) (7) State or Governmental issued Identification (i.e. Drivers License, Military ID, Passport) Approved: 05/25/10 Page 24 of 31 Effective: 07/01/2010 Services Hometown People.Hometown Power. Steam Rule and Regulation 10 D. Commercial Service Applications To establish commercial service/account, the Board is required to acquire the following business information: (1) Legal Business Name and Tax 1D Number(registered in Michigan) (2) Type of Business (3) Tax Status (Taxable, Tax Exempt or partial Tax Exempt,documentation will be required) (4) Telephone Number (5) Email Address (6) Contact Name(s) (7) Owner or Business Agent Name (8) Mailing Address if different from Service Address (9) Customer's estimated Demand, prior to receiving service, or upon modification to the Customer Steam Service that may result in a cham"e of Demand. 3. Steam Service: A. General . 411 Steam delivered to Customers shall be measured by commercially acceptablem acceptable easunn Deleted:All steam supplied shall be C ;, condensed and piped to a condensate devices owned and maintained by the Board except where It is Impractical to meter, such as for ` meter except where Board approval is temporary or special installation,in which cases the consumption may be calculated. given i'or reasonable orunavoidable exceptions such as hwniditiers,steam A plot plan showing the proposed building size,location of service entrance and steam equipment tables,pressing equipment,cooking to be supplied shall be submitted to the Board's Customer Projects and Development Department equipment,etc. for all service requests. Deleted: sold Customer Steam Services shall be installed from the Stearn Main to the Customer's building in the most direct manner. The pipe comprising the connection shall cross only that legally described property upon which the building to be serviced is located. It is the intent of the Board that all underground steam pipes be installed and maintained by the Board. However, where unusual or special circumstances exist, the Customer may request approval to install underground steam pipes. Applicants shall submit plans and specifications to the Board's Customer Projects and Development Department for approval prior to installation. Approved: 05/25/10 Page 25 of 31 Effective: 07/01/2010 Services HumetowePeaple.FlumetownFower Steam Rule and Regulation 10 B. Customer Connections to Board Facilities It shall be the Customer's responsibility o connect Customer Piping to the,Setvice Location. All Deleted:Customer Stem service or p h't p g _ meter-set work shall be in full compliance with all Board standards and applicable codes. The Customer shall install a Service Valve to control the entire steam supply to the building. This valve shall be installed within one foot of the�Service j.ocation and shall have ready access. __- Deleted:oadet side of the Boards The Customer shall not connect to the Customer Steam Service except at the crvlce ovation. Deleted:valve C. Customer Steam Piping Deleted: and Deleted:outlet side of the Board If a condensate collection tvpe Meter Setting is specified, the Customer shall provide a customer Deleted:valve steam piping system in accordance with the following rules. (1) General The Customer shall provide at least one automatic float type air vent for all systems except vacuum systems. The best location sometimes is in the condensate main. No Customer Piping shall depend upon the master trap for steam trapping or vent for air removal,except a single zone,one pipe,direct steam system. Customer Piping served with medium or high pressure steam shall be equipped with a pressure regulator,including a three valve by-pass and with a pressure relief valve.The relief valve shall have a capacity rating equal to the rating of the regulator, it is to be an ASME approved type,and shall discharge to the outside of the building or to a space in the building where little or no damage will occur if the valve operates. The proper relief setting depends upon the characteristics of the system. The Customer shall make sufficient provisions for the support, grade expansion, and contraction of pipe near the service connections. (2) Service Riser or Header Piping The total length of Customer's service riser or header piping shall be kept to a minimum,but in no case shall the length exceed twenty (20) feet from the Board's Service Valve. A gooseneck is required from the top of all service risers unless the grade of the service from the top of the riser to the first branch connection exceeds one diameter of the pipe. All service risers and header piping graded to the street main shall be insulated with at least one inch(1")thick standard pipe insulation. When more than one Customer is supplied from a single service, each Customer's branch connection shall have a valve for controlling his service. Each Customer will be supplied and metered independently, and access shall be provided to each individual Service Valve. The risers or branch connections to the individual Customer's valve shall be as short as practicable. When the length of the common header pipe exceeds twenty (20) feet the condensate shall be piped to a master trap and meter and the steam consumption assigned to the building owner or an occupant by the owner. Approved: 05/25/10 Page 26 of 31 Effective: 07/01/2010 Services Hometown People.Hometown Power. Steam Rule and Regulation 10 (3) Automatically Operated Valves Systems having an automatically operated valve which regulates the steam supply for more than one-third of the total installed capacity of space heating, space cooling, or domestic water heating shall be equipped with an adequately sized three valve by-pass around the automatic valve; unless the valve has a dependable, rapid, manual opening feature. The steam trap which serves the equipment shall also be equipped with a three valve by-pass. (4) By-Pass Valves All by-pass valves will be sealed in the closed position and shall not be operated except in emergencies. The Board's Customer Projects and Development Department shall be notified any time a sealed by-pass valve is opened. D. Installation and Maintenance of Steam Services Installation of a steam service will be initiated provided: (1) The Customer has provided the Board a final preliminary approved site plan for Board review and approval. (2) The Customer has entered into a written agreement with the Board for the construction of the steam service. (3) The Customer has paid any deposits as required by Rule 7.4 and Rule 9 for the steam service. (4) Where applicable,the Customer shall have the plat recorded or final preliminary approval received, monuments or markers in place, lot lines staked, sewers installed, streets at finished grade (before gravel and curb and gutter installation), sidewalk grading completed,and the ground in workable condition. (5) Construction during the winter season will only occur at the Board's discretion. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements, frost or wet conditions, contaminated soil, rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. The Customer shall be responsible for additional repair costs due to encumbered Customer Steam Services or damage as a result of negligence, willful damage or carelessness by the Customer, owner or tenants. 4. Steam Facility Relocations and Removals: The Board will relocate or remove its steam Facilities in accordance with Rule 9.2. Approved: 05/25/10 Page 27 of 31 Effective: 07/0 l/2010 Condensate and Traps Hometown People.Home[ownPowe?. Steam Rule and Regulation 11 Condensate and Master Trap 1. General jfa condensate collection type Meter Setting is specified, the Customer shall provide a condensate Deleted:The only approved piping system consists of a single master trap piping system in accordance%with the following rules. and nmtercombination to serve an entire building. Systems designed for more than one master trap and meter combination in different parts of a building shall not be installed unless written approval has been obtained from the Board. Condensate disposal shall be the responsibility of the property owner once it passes through the Board's meter. All piping shall be supported so that none of its weight depends on the meter or master trap, except when the pipe length between the two is three(3)feet or less. 2. Condensate The Customer shall provide a condensate piping system in accordance with the following: A. Pipes carrying condensate from the entire system supplied by each Customer's Service Valve shall be connected to a single pipe ahead of the master trap assembly or the pump receiving tank. B. The Customer shall provide a readilyaccessible screwed cap or plug and a valve slightly Deleted:P P P g g Y .. ,, above and at each end of every concealed portion of piping or wherever leakage or the effects of leakage will not be obvious. Use copper or other non-ferrous pipe, without joints if practicable,for such piping. C. When sections of the condensate piping depend on a water column to move the condensate, air loops or automatic vents ahead of the flooded portion shall be provided. D. Unrestricted gravity flow,without pockets or lifts, should be provided wherever practicable. Unavoidable flooded portions,such as loops around doorways,are to be copper or other non- ferrous pipe. Where lifts are unavoidable, the maximum amount of lift to the master trap shall be determined by the characteristics of the system and approved by the Board before installation. E. The Customer shall provide Sufficient drainage capacity shall be provided at the meter outlet Deleted:s to allow for gravity discharge at the maximum rate of condensate flow. Extend a short drain pipe riser loosely around the smaller meter outlet nipple wherever extension of the drain pipe is necessary to reach a floor drain or sewer. (The Board may strap the outlet piping to the meter support). 3. Master Trap For low, medium and high pressure systems except those equipped with a pump and surge tank,the Customer shall install a steam master trap ahead of the meter.The Customer shall in accordance with Board standards furnish and install the valve, strainer, and union just ahead of the trap inlet, and a union close to the trap outlet if the trap is not close to the meter inlet union.The trap may be at any convenient readily accessible location between the meter and the last branch connection into the condensate main. Capacity of the master trap, or traps, as rated by the Manufacturer shall be at least equal to the maximum condensate rate of the system at the maximum condensate (water column) pressure Approved: 05/25/10 Page 28 of 31 Effective: 07/01/2010 Condensate and Traps Hometown People.Hometown Power. .Steam Rine and Regulation 11 available, without flooding equipment, provided that this maximum pressure is not more than 48 inches. 4. Condensate(Surge)Tanks The Customer shall provide a condensate(surge)tank instead of a master trap for systems which are equipped with a condensate pump or a vacuum pump. The volume of the tank shall be at least equal to the quantity of condensate discharged by the pump during two operations of the float-operated switch. The Customer shall also: A. Install a valve in the single gravity discharge pipe from the bottom of the tank to the meter if the bottom of the tank is more than 12 inches above the meter inlet. B. Provide a short, open vent pipe at the top of the tank, independent of the condensate inlet pipe. If the pump is a vacuum type,connect both the condensate and air discharge pipes to the top of the tank,independently. C. Provide an emergency by-pass to a floor drain around the pump receiver. 5. By-pass Valve The Customer shall in accordance with Board standards install a 3 valve by-pass around the master trap for any system having a maximum load in excess of 2200 pounds per hour. Approved: 05/25/10 Page 29 of 31 Effective: 07/01/2010 --- - - -- ------ - - - - Deleted:<sp> 4 System Extension& Service Deposit Steam Rule and . .. ... .... .. . .... .... .._ .._... _ Regulation12¶ •........... ....__.-__....__..... ................. Deleted:cyst ..._......._..- _.__.___. - _- em Extension&Service -- __ .._ - - Deposit¶ General Deleted:<#>When application is made for steam service which requires the extension of the Board's existing Steam Distribution System or installation of a new steam service,the Board will make such extensions when the estimated annual revenue,probable stability of the load and prospective load growth reasonably warrant the capital expenditure required. The Board shall have the final determination of estimating loads,consumption and revenue of distribution extension and services to calculate Annual Revenue.¶ <#>Request for Distribution System Extension¶ Rule 9 sets forth the conditions under which the Board will extend distribution systems and services.¶ <#>Ownership¶ The Board will provide,own,maintain and specify all of its distribution Facilities including location,except as otherwise expressly provided herein. No ownership rights to Board Facilities shall pass to any owner(s),dcvcloper(s),or Customcr(s)by reason of any contribution required hereunder.¶ <#>Distribution System Extension and Customer Steam Servicel <#>Deposit¶ The Customer may be required to make a deposit based on the following:¶ <#>For Customer(s)to be served within one year:The Board shall require a deposit from the Customer,prior to construction,in the amount that the estimated cost of the distribution extension and service exceeds one(1) times the estimated new Annual Revenue to be received from the Customer(s). Any nonrefundable contribution in aid of construction made will be credited against the cost of such extension for purposes of this calculation.¶ <#>For serving Loads of questionable stability or development:A deposit,if required,by the Customer will be based on an evaluation of the Board's recovery of capital cost along with other business related matters.¶ <#>Prior to the installation of a distribution system,the owner(s), devcloper(s)or Customcr(s)who arc to make any contribution required hereunder shall be required to enter into a written agreement. The agreement will generally describe the proposed distribution .. 1 Approved: 05/25/10 Page 30 of 31 Effective: 07/01/2010 Schedule of Fees & Charges HometownPeopte.HumetnwnFowe�. Steam Rule and Regulation 12 Schedule of Fees&Charges STEAM FEES and CHARGES Charge Description When Applied Charge Security Deposits-Residential For all new customers unless waived by conditions $239 stated in Rule 7. Security Deposits-Commercial& For all new customers unless waived by conditions 2 times average monthly bill Industrial stated in Rule 7. Connect fee Standard Service:4y the end of the nest business No charge _---- - Deleted:Within 24 Hours day of the order being taken. Service orders taken before j.00 p.m.weekdays are normally completed _- Deleted:4 by the end of the same business day. Same-Day Service: By the end of the same $200 calendar day of the ordering being taken. Service orders taken aftcr.�:00 p.m.weekdays or on _ ____ _ - __- Deleted: 4 Saturday will be completed by the end of the day. Reconnection fee Standard Service: Within 24 Hours of the order $80 Non-pay or other being taken. Service orders taken beforc j.00 p.m. Deleted:4 p y (Normal hours) weekdays are nonnally completed by the end of the Non-pay or other(Other than normal same business day. hours) Samc-Day Service: By the end of the same $200 calendar day of the ordering being taken. Service orders taken aftcrR:00 p.m.weekdays or on Deleted:4 Saturday will be completed by the end of the day. Meter Tampering Any time $200 Customer requested service Each Occurrence $30 investigation or meter read Valid Service or Metering Issue No Charge Meter Calibration Charge When Customer requested meter calibration check $175 is within plus or minus 2%accuracy Missed Appointment,No Show,No After second occurrence,per occurrence $30 access Fee Non Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks $30 Charges other than those published Relocations,damages,etc. At cost Approved: 05/25/10 Page 31 of 31 Effective: 07/01/2010 Page 30:[1]Deleted di 4/1/2010 2:15:00 PM When application is made for steam service which requires the extension of the Board's existing Steam Distribution System or installation of a new steam service, the Board will make such extensions when the estimated annual revenue, probable stability of the load and prospective load growth reasonably warrant the capital expenditure required. The Board shall have the final determination of estimating loads, consumption and revenue of distribution extension and services to calculate Annual Revenue. Request for Distribution System Extension Rule 9 sets forth the conditions under which the Board will extend distribution systems and services. Ownership The Board will provide, own, maintain and specify all of its distribution Facilities including location, except as otherwise expressly provided herein. No ownership rights to Board Facilities shall pass to any owner(s), developer(s), or Customer(s) by reason of any contribution required hereunder. Distribution System Extension and Customer Steam Service Deposit The Customer may be required to make a deposit based on the following: For Customer(s) to be served within one year: The Board shall require a deposit from the Customer, prior to constriction, in the amount that the estimated cost of the distribution extension and service exceeds one (1) times the estimated new Annual Revenue to be received from the Customer(s). Any nonrefundable contribution in aid of construction made will be credited against the cost of such extension for purposes of this calculation. For serving Loads of questionable stability or development: A deposit, if required, by the Customer will be based on an evaluation of the Board's recovery of capital cost along with other business related matters. Prior to the installation of a distribution system, the owner(s), developer(s) or Customer(s) who are to make any contribution required hereunder shall be required to enter into a written agreement. The agreement will generally describe the proposed distribution system and set forth the respective obligations of the parties. Such agreements shall be subject in all respects to the provisions of this Rule 9 and 10. Each proposed system shall be a separate and distinct unit and any extension thereof shall, if agreed to by the Board, be made the subject of a separate written agreement. Refunds Distribution Line extension deposits made with the Board shall be subject to refund without interest during the first five (5) twelve (12) month periods from the date of the written agreement for a distribution system extension as required by this Rule 9 and 10. Refiunds will only be made to person(s)making the deposit and shall cease when they equal the amount deposited or at the close of the fifth twelve (12) month period following the month during which the line extension is completed, after which the Board shall have no further obligation to refirnd any remaining portion of the line extension deposit. The Board will refund to the party making the deposit: An amount equal to one (1) times the first year estimated Annual Revenue less the distribution system construction cost for each additional new commercial/industrial permanent Customer(s) directly connected to the extension. Directly connected Customers are those that do not require the construction of more than 300 feet of Distribution Lines. Refunds will not be made until the original Customer(s) or its equivalent are permanently connected to the extension. �_a ����, � � � � � � � � � J. , , . , � l. i _ J , J , ; ! l � � � l .: ; �� � � CHILLED WATER RULES & REGULATIONS Hometown People.Hometown Powef. Rules and Regulations For Chilled Water Service Approved: 05/25/10 Effective: 07/01/10 TV Hometown People.Hometown Power. Table of Contents TABLE OF CONTENTS PAGE NUMBER Definitions....................................................................................................................................................................4 GeneralProvisions.......................................................................................................................................................6 ServiceConditions.......................................................................................................................................................7 Characterof Service..................................................................................................................................................7 Descriptionof Service...............................................................................................................................................7 Availabilityof Service.,................................ ......................................................................................................7 . ... Agreements...........................................................................................................................................................8 MaterialAvailability..............................................................................................................................................8 Useof Service...............................................................................................................................................................9 General.................... ....................................................................................................................................9 Accessand Damages.................................................................................................................................................9 CustomerPiping and Equipment...............................................................................................................................9 Chilled Water Quality and Disturbances...................................................................................................................9 Discontinuationof Service......................................................................................................................................10 ImproperUse and Tampering..............................................................................................................................I l Metering................................................................................................................................... ..l l ................................ General....................................................................................................................................................................I I Sizing/Installation/Owncrship.................................................................................................................................I 1 EquipmentLocation.................................................___......................................................................................I 1 DamagedMeter.......................................................................................................................................................I l Applicationof Rates.................................................................................................................................................12 General....................................................................................................................................................................12 Resale......................................................................................................................................................................12 Billing............................................................................................................................................................... MinimumCharges.................................................................................................................................................13 Property Owner-Rental Agent Agreement for'Leave On'Service.................................................................13 Responsibility for Payment of Bills..........................................................................................................................14 General........................................................................................._..........................................................................14 EstimatedConsumption...........................................................................................................................................14 BillingErrors...........................................................................................................................................................14 AccountSecurity Deposits....................................................................................................................................15 Disputeand Hearing Procedure...............................................................................................................................17 Disputes...................................................................................................................................................................17 Hearings...................................................................................................................................................................17 Distribution System Extensions................................................................................................................................19 General....................................................................................................................................................................19 Request for Distribution System Extension........................................................................................................19 Ownership............................................................................................................................................................19 Availability of Distribution System Extension....................................................................................................19 Installation of Distribution System Extension.....................................................................................................19 Adequate Temperature,Pressure and Flow Capacity..........................................................................................19 Economic Development Offsets.........................................................................................................................20 Easements and Tree Trimming/Removal Permits...............................................................................................20 Non-Standard Equipment....................................................................................................................................20 Non-Standard Construction.................................................................................................................................20 OtherFacilities....................................................................................................................................................20 Construction Date of Distribution System Extension..........................................................................................21 Chilled Water Facility Relocations and Removals..................................................................................................21 Services.......................................................................................................................................................................22 Approved: 05/25/l 0 2 Effective: 07/01/10 ' | | Hometown General.................................................................................................. ............................................................zz Chilled Water --_--_--__---__---_—_—'----..23 General.............................................................................................................................................................z Customer Connections m Board Facilities--'—'_-------_--. CustomerChilled Water Piping.......................................................................................................................... Installation and Maintenance vr Chilled Water Services....................................................................................zo Chilled Water Facility Relocations and Removals...............................................................................................24 System Extension&Service Deposit........................................................................................................................zz General..................................................................................................................................................................25 outrihnuvn System Extension and Customer Chilled Water Service...........................................................'' ....25 CustomerChilled_Water_—Service Only.................................................................................................................... — 8,u,uuleorrom&cnu,geo_--_-----------------'-----_—_'_—'—_--zo — � » Annm'cd Oz�x |O -W Definitions Hometown People.Hometown Power, Chilled Water Rine and Regulation 1 DEFINITIONS OF TERMS AND THEIR ABBREVIATIONS BOARD— When used in these Rules and Regulations, Board is an abbreviation meaning the Board of Water and Light. BTU- British Thermal Unit, the heat necessary to raise one pound of water one degree Fahrenheit. CHILLED WATER DISTRIBUTION SYSTEM —The system of Chilled Water Mains, pipes, fittings, valves and all equipment and appurtenances thereto,necessary to distribute chilled water to Customer fit the service location. _ _. - Deleted:Chilled Watcr Service CHILLED WATER MAIN—The pipes owned and maintained by the Board that conveys chilled water to and from a Customer Chilled Water Service. CUSTOMER—A purchaser of chilled water service supplied by the Board. CUSTOMER PIPING—A piping system owned or controlled by the Customer that conveys chilled water from the Service Location throughout the Customer's Premises. CHILLED WATER-SERVICE PIPING_— Those pipes, valves and appurtenances installed between a __- Deleted:CUSTOMER Chilled Water Main and Customer Piping. DEMAND— The rate of chilled water delivered at a given point in Tons of refrigeration. FACILITIES— A general term which includes pipes, fittings, valves, associated structures and the like, used as a part of or in connection with a chilled water installation. PERSON— Any individual, corporation, partnership, company, limited liability corporation, organization or governmental entity. PREMISES— A building and its grounds. RATE— The unit prices as established by the Board's rate-making body and the quantities to which they apply as specified in the Rate Schedule. RATE SCHEDULE—A filed statement of the chilled water Rate and the terms and conditions goveming its application as established by the Board's rate-making body. RTU- Remote Telemetry Unit housing Board owned Chilled Water metering and monitoring equipment. SERVICE LOCATION—The point at which the Board has agreed to provide chilled water service to Customer Piping. SERVICE VALVES — The valves installed by the Board at the Service Location the Customer's .,.- Deleted:at remises. The Service Valves may be located at the property line, or within the Deleted:c Customer's Premises. dependinty on the nature of the service and confi,uration of the Deleted:property line Customer's premises. Deleted:p Approved: 05/25/10 4 Effective: 07/0 l/10 -W Definitions Hometown People.Hometown Power:. Chilled Water Rule and Regulation 1 TON- A unit of refrigeration. One Ton equals to 12,000 BTU/hr. Approvcd: 05/25/10 5 Effcctivc: 07/01/10 -W General Provisions Hometown People.HometownPowef. Chilled Water Rule and Regulation 2 General Provisions Copies of the Board's Rate Schedules for chilled water service are open to public inspection at the Board's offices and are available on the Board's Internet Web site www.lbwl.com or upon request. Application for original, modified or added service shall be made at the office of the Board of Water and Light,Utility Services,at 730 East Hazel Street,Lansing,Michigan 48912. Any Person receiving or agreeing to receive chilled water service from Board Facilities shall be deemed a Customer of the Board subject to its Rates and these Rules and Regulations and responsible for the service used whether such service is provided under a signed agreement or not. Chilled water service will not be supplied to new or remodeled buildings until such installations comply with these Rules and Regulations. The Customer should contact the Board's Customer Projects and Development Department to determine the characteristics of the chilled water service available at the Premises. The Customer Projects and Development Department will inform the Customer of the Board's requirements, which must be fulfilled by the Customer,in order to receive chilled water service. The Board may discontinue chilled water service to any Customer for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Customer must pay a reconnection fee as stated in Rule 12 to cover the costs of restoring chilled water service that has been discontinued for any breach of the Board's Policy, Rules and Regulations, Procedures or in accordance with law. The Board will release customer information in accordance with written customer authorization and Board policy This document is intended to cover most situations where standardized policies and practices have been established. No officer, agent or employee of the Board has authority to waive or modify the provisions of this document unless specifically authorized to do so by the Board of Commissioners. The Board of Commissioners may revise this document at any time and may modify or suspend any portion of it temporarily or permanently. Approved: 05/25/10 6 Effective: 07/01/10 i Service Conditions Hometown People.HometownPowei. Chilled Water Rule and Regulation 3 Service Conditions 1. Character of Service The Board produces and distributes chilled water for public use throughout its service area and will endeavor, but does not guarantee, to furnish a continuous supply and to maintain chilled water temperature and pressure within reasonable limits. The Board shall not be liable for interruptions in the service including without limitation,variations in the service characteristics,or for any loss or damage of any kind or character occasioned thereby,due to causes or conditions beyond the Board's reasonable control,and such causes or conditions shall be deemed to specifically include,but not be limited to,the following: acts or omissions of Customers or third parties;operation of safety devices except when such operation is caused by the negligence of the Board; loss of electrical power needed to operate the Board's control valve, metering, and monitoring equipment; absence of an alternate supply of service; failure, malfunction, breakage, necessary repairs or inspection of machinery,Facilities or equipment when the Board has carried on a program of maintenance consistent with the general standards prevailing in the industry; act of God; war; action of the elements; storm or flood; fire; riot; sabotage; labor dispute or disturbance, or the exercise of authority or regulation by governmental or military authorities. Notwithstanding any other provision of these rules, the Board may interrupt or limit chilled water service to Customers without prior notice and in a manner that appears most equitable under the circumstances then prevailing or as necessary to protect the health, safety and welfare of its employees or Customers. The Board shall be under no liability with respect to any such interruption or limited supply. 2. Description of Service A. Availability of Service (1) Chilled water service is available twelve(12) months a year to Customers in the City of Lansing except where the Board has determined it to be impractical to serve. (2) The Board will endeavor to deliver Chilled Water Service at a maximum supply temperature not to exceed 44 degrees Fahrenheit. (3) The Board will endeavor to deliver Chilled Water Service with maximum pressure not to exceed 120 psig and minimum pressure of not less than 100 psig. (4) ghil(ed Water Service in only permitted in locations to the extent all piping can Deleted:Chilled water service is not be available where the Board must bring the contained within the legally described property limits of said location. Chilled Water Deleted:Customer Servicing piping is not permitted if Such service requires the piping to cross an Deleted:Chilled Water Service Piping adjacent parcel. across another parcel or lot in order to (5) In the case where there is more than one Chilled Water Main capable of providing provide service. The Chilled Water Service Piping shall cross only that service, the Board shall determine which Chilled Water Main will be used for service legally described property upon which the and the location of the Chilled Water Service Piping connection. building to be served is located. Deleted:Customer Approved: 05/25/10 7 Effective: 07/01/10 i Service Conditions HametownPeople.HometownPowei. Chilled Water Rule and Regulation 3 B. Agreements The Board shall require the Customer to enter into a written agreement that details the terms and conditions and price to be paid by the Customer prior to chilled water service construction. In addition,the Board may negotiate written contractual arrangements as to the provision of necessary service Facilities, duration of service, amount of deposit and refunds thereon, minimum bills or other service conditions for Customers or prospective Customers whose load requirements exceed the capacity of the available distribution system in the area or whose load characteristics or special service needs require unusual investments by the Board in service Facilities or where there is not adequate assurance of the permanent use of the service. The Board may charge a Connect Fee when the Customer request the service to be made active outside normal business hours as specified in Rule 12. No promises,agreements or representations of any agent or employee of the Board shall be of binding force upon the Board unless the same is within the authority of that individual and incorporated in the written agreement. C. Material Availability Subject to the restrictions contained in Rule 3.2.A, the Board will construct chilled water distribution Facilities and extensions only in the event it is able to obtain or use the necessary materials,equipment and supplies. The Board may,in its discretion,allocate the use of such materials,equipment and supplies among the various classes of Customers and prospective Customers of the same class. Approvcd: 05/25/10 8 E ffectivc: 07/01/10 Use of Service Hometown People.Hometown Power. Chilled Water Rule and Regulation 4 Use of Service 1. General Chilled water is supplied to a Customer for exclusive use on the Premises to which it is delivered by the Board. Service may not be shared with another, sold to another, or transmitted off the Premises without the written permission of the Board,except as noted in Rule 6. Use of chilled water is only for the purposes authorized by the Board and is not to be extended to another building without authorization of the Board. 2. Access and Damages The Customer shall provide and maintain appropriate access and working space around chilled water Facilities in accordance with all applicable Board standards so as to permit ready and safe operation and maintenance of such Facilities.If the Customer does not maintain appropriate access and working space to Board Facilities, the Board shall have the authority to reasonably remove the obstruction(s) hindering the Board's access to the Board Facilities and will have no obligation to restore the Customers premises, The Board's authorized personnel or agents of the Board shall have access to the Customer's Premises at all reasonable hours for all purposes necessary to conduct business, including without limitation: 1) install, inspect, read, repair, maintain, test or remove its meters and fiber optics 2) install,operate and maintain other Board equipment or Facilities,and 3) inspect service installations, Customer Piping, and to determine the connected chilled water Demand. If the meters, metering equipment or other Board property are damaged or destroyed through the neglect of the Customer,the cost of necessary repairs or replacements shall be the responsibility of the Customer. If, for any reason beyond its control,the Board is unable to read a meter, operate, maintain or make inspection, including but not limited to, reasons such as Premises being locked, meter being inaccessible or unsafe conditions, then after due written notice to the Customer, the chilled water service may be disconnected until such time as arrangements have been made to permit access for Board inspection and approval and the Customer has paid the appropriate reconnection fee as stated in Rule 12. 3. Customer Piping and Equipment The Board may deny or terminate service to any Customer whose Customer Piping or equipment constitutes a hazard to the Board's employees,equipment or its service to others. However,the Board is not responsible to inspect Customer Piping or equipment and shall not be held liable for any injury or damage resulting from the condition thereof. The Customer shall install and maintain the necessary facilities or devices to protect Customer owned equipment against service interruptions and other disturbances on the Board's system. Alterations to the Customer Chilled Water Service or associated equipment are prohibited without approval of the Board. 4. Chilled Water Quality and Disturbances The Customer shall operate equipment in a manner that does not cause surges,water hammer or other problems in the Chilled Water Distribution System or to other Customers. If the Board notifies the Customer of such a condition, the Customer shall discontinue operation of equipment causing such condition until a correction has been made. If the Customer does not remedy the condition within the Board requested timeframe, the Board will discontinue service until the Customer has remedied the situation and has paid fees for Investigations and Reconnections under Rule 15. Approved: 05/25/10 9 Effective: 07/01/10 Use of Service Hometown People.Hometown Power. Chilled Water Rule and Regulation 4 5. Improper Use and Tampering Any Person or Customer that uses chilled water without making proper application for chilled water service shall be responsible for all charges for chilled water service. The amount of such charges shall be determined by the Board either by meter readings or on the basis of calculated consumption for the time chilled water was used. If chilled water is being used by a Customer without proper application for service or chilled water service connection,the Board may discontinue service without notice. In case of such discontinuance of service, the Board shall restore service only after the Customer has paid the meter tampering fee and a reconnection fee as stated in Rule 12 and has made appropriate restitution for stolen service and damaged equipment. The Board may discontinue service and seek criminal charges, if it is determined that the meter or piping on the Customer's Premises has been tampered with or altered in any manner to steal chilled water. If the Board discontinues service for this reason,the Board shall restore service only after the Customer has paid the reconnection fee as stated in Rule 12, made appropriate restitution for stolen service and made provisions for metering and/or piping changes as may be required by the Board. 6. Discontinuation of Service Service may be voluntarily or involuntarily disconnected. A. Voluntarily (1) Service may be voluntarily disconnected per the Customer's request. The Board recommends that the Customer or the Customer's representative be present for the disconnection to ensure complete shutoff. It can be difficult for the Board to confirm that the service has been completely turned off if there is no one present at the premises during the shutoff. The Customer is responsible to advise the Board if the shutoff was not entirely effective. (2) Requests for temporary discontinuation of service for purposes such as winterization or seasonal occupanev shall be subject to a reconnection fee as stated in Rule 12 to cover the costs of restoring service. (3) Service may be voluntarily permanently disconnected. for demolition purposes by submitting a demolition request form. Permanent disconnection shall be completed at the cost of labor and material required to complete the termination. B. Involuntary (1) Service maybe involuntarily disconnected in the following instances: (a) Noncompliance with applicable Rules and Regulations; (b) Noncompliance with Municipal,State and or Federal law;or (c) Issuance of a Court Order Approved: 05/25/l0 10 Effective: 07/01/l0 i Metering Hometown People.HometownPowe�. Chilled Water Rule and Regulation 5 Metering 1. General All chilled water sold to Customers shall be measured by commercially acceptable measuring devices owned and maintained by the Board except where it is impractical to meter,such as for temporary or special installation,in which cases the consumption may be calculated. 2. Sizing/Installation/Ownership The Board shall furnish, own and maintain metering and monitoring equipment consisting of RTU cabinet, temperature elements and transmitters, flow transmitters, differential pressure transmitters, and temperature control valves for installation by the Customer. The Customer shall provide two 120 VAC 20 AMP power circuits to the RTU cabinet. The Board shall install,own and maintain all communication and control wiring for the metering and monitoring equipment. 3. Equipment Location A. The Customer shall provide, at no expense to the Board, a space/enclosure suitable to the Board for the installation of the necessary metering equipment. The Customer shall furnish the space and the provisions for mounting metering and service equipment to meet Board requirements. Inquiries regarding installation requirements should be directed to the Board's Customer Projects and Development Department. B. The Customer shall locate metering equipment inside the building served in a well ventilated area with ample space for meter reading and maintenance. C. The Customer shall not place metering equipment in a pit below floor level, in a rest room or on a platform higher than thirty(30)inches above the floor unless Board approved steps and platform are installed. 4. Damaged Meter A. The Customer shall be held liable for damage to the metering and monitoring equipment,and communication and control wiring from acts of carelessness,negligence or willful damage by owner or his tenants. The Board will repair any meter so damaged, and the cost shall be billed to the Customer. B. A customer re uestins service in a location where the Board has an existiniz Service Connection, and the meter is missim-,, broken, or otherwise inoperable, a Meter Replacement Fee shall be applied in accordance with Rule 12. Approved: 05/25/10 II Effective: 07/01/10 Application of Rates Home[ownPeople.HometownPoweF.. Chilled Water Rule and Regulation 6 Application of Rates 1. General Chilled Water Rates are predicated upon the Board not being required to provide not more than one Customer Chilled Water Service to a building or structure. The Board shall separately meter and separately bill service at different points or at different buildings or structures unless specifically provided for in the applicable Rate Schedule. 2. Resale The owner or operator of an office building, apartment building, shopping mall, or similar structure may purchase chilled water from the Board for resale to occupants on the condition that service to each occupant shall be metered separately and that the occupants may not be charged more for such service than the appropriate Rate of the Board available for similar service under like conditions. In order to qualify for resale to tenants, the owner or operator must state in writing their intent to resell in the application for service. The owner or operator shall be responsible for payment of purchased chilled water for resale as required by Rule 7. The Board shall have no obligation to furnish,test or maintain meters or other facilities for the resale of service by the reselling owner or operator to the occupant. Billing records of the owner or operator may be audited once every 12 to 13 month using generally accepted auditing practices. The audit shall be conducted by the Board or if the Board elects, by an independent auditing firm approved by the Board. The reselling owner or operator shall be assessed a reasonable fee for an audit conducted by the Board. The owner or operator providing the resale shall be responsible for testing of each occupant's meter at least once every 3 years. The accuracy of such meters shall be maintained within 2%. Meters shall be tested only by outside testing services or laboratories approved by the Board. A record of each meter, including testing results, shall be kept by the reselling owner or operator during the use of the meter and for an additional period of one year thereafter. When requested, the reselling owner operator shall submit certified copies of the meter test results and meter records to the Board. The reselling owner or operator shall render a bill once during each billing month to each of the occupants' or tenants in accordance with the appropriate Board Rate Schedule. Every bill rendered by the reselling owner or operator shall specify the following information; The Rate Schedule title, the due date, the beginning and ending meter reading of the billing period and the dates thereof; the difference between the meter readings; the amount due for services and/or commodity use, as applicable to the Rate; subtotal before taxes, sales tax, other taxes where applicable; the amount due for other authorized charges;and the total amount due. The due date shall be 21 days from the date of rendition. The reselling owner operator shall be responsible for all collections and payment disputes for resale occupants. Approved: 05/25/10 12 Effective: 07/01/10 Application of Rates Hometown People.HometownPowei. Chilled Water Rule and Regulation s The reselling owner or operator shall supply each occupant with a chilled water system adequate to meet the needs of the occupant with respect to the nature of service,and other conditions of service. If the reselling owner or operator fails to meet the obligations of this rule, the Board will notify the appropriate authorities and after reviewing with the reselling owner or operator,the problem(s) is not resolved,the Board may declare the reselling owner or operator in violation of Rule 2. The renting of Premises with the cost of chilled water service included in the rental as an incident of tenancy will not be considered a resale of such service. 3. Billing Customers having more than one meter shall have consumption computed by individual meter in accordance with the current Rate Schedule and contract. 4. Minimum Charges A minimum charge,as defined by the Rate in effect, shall be applied to all services and billed to the Customer. Where the Customer requests that a service be discontinued,the Board shall deactivate the service by any appropriate means,including without limitation,removing the metering devices and by disconnecting the service from the Board's Chilled Water Distribution System. 5. Property Owner-Rental Agent Agreement for"Leave On"Service The Board may waive application charges to maintain continuity of service at rental property locations provided: (1) the landlord agrees in writing to assume the responsibility for chilled water service during the interim between tenants, and (2)the landlord is in compliance with all other rules and regulations of the Board. Approved: 05/25/10 13 Effective: 07/01/10 Responsibility for Payment of Bills Home[ownPeople.Home[ownPowei. Chilled Water Rule and Regulation 7 Responsibility for Payment of Bills 1. General Each Board Customer is responsible to pay all utility bills as rendered on or before the due date shown thereon. The Customer remains responsible for payment of the bills until the Customer orders service to be discontinued and the Board has had reasonable time to secure a final meter reading. Bills are rendered on approximately a monthly basis. Bills are mailed to Customers approximately fifteen (15) days before the due date shown on the bill. The Customer shall pay the net amount if paid on or before the due date on the bill. Failure on the part of the Customer,through no fault of the Board, to receive the bill shall not entitle the Customer to pay the net amount after the due date of the bill. If a bill remains unpaid after issuing a five(5)day written shut-off notice, the Board shall have the right to discontinue service. In extenuating circumstances, a Customer will be afforded the opportunity to make payment arrangements. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing,pending results of the hearing. Service may be discontinued for nonpayment of bills that are not in dispute. The Board may also require individual Customers to enter into a written "Billing Service Agreement,"insuring that the Customer is responsible for all services used and rendered. The Board will make billing history available to Customers at no charge,provided the information is currently stored on an active database. Customer request for billing history that is no longer on an active database will be subject to payment of hourly fees based on the average burdened hourly wage of the Board employee assigned to perform the research and compilation of the data. The Board will charge a"Non Sufficient Funds Fee"in accordance with Rule 12 for returned checks. 2. Estimated Consumption Readings may be estimated when conditions warrant. Until reconciled by an actual reading, bills rendered on estimated consumption have the same force and effect as bills rendered on actual meter readings. If for any reason all consumption used cannot be re>istered accurately the unmctered portion shall be estimated by the Board on the basis of prior consumption or the operating characteristics of the buildine and equipment. 3. Billing Errors A. When an error is found to exist in the billing rendered to a Customer, the Board will correct such error to recover or refund the difference between the original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. Approved: 05/25/10 14 Effective: 07/01/10 Responsibility for Payment of Bills Hometown People.HometownPoweF.. Chilled Water Rule and Regulation 7 B. When an error is found to exist in the billing of a contract or service agreement with or governing the Customer, the Board will correct such error to recover or refund the difference between original billing and the corrected billing. Corrected billings will not be rendered for periods in excess of three (3) years from the date the error is discovered. Refunds to Customers will normally be made promptly upon discovery of the error. Amounts due the Board from the Customer will be subject to normal collection policy and procedures. 4. Account Security Deposits The Board shall require an account security deposit from any new or existing Customer with an unacceptable credit history with the Board. The Board shall apply different rules to new Customers signing up for service in accordance with Rule 7.4.13. The deposit is normally 2 times the average monthly bill(actual or estimated) as determined by the Board and shall be applied according to Rule 15. Security Deposits shall be administered in accordance with Customer Service established Standards and Guidelines. The Board may waive deposits in special circumstances. The Board may also demand deposits larger than 2 times the average monthly bill if the Board determines that a Customer presents a higher than normal credit risk. A. Unacceptable credit history includes but is not limited to the following: (1) The Customer has deliberately misinformed or misrepresented facts to the Board. (2) The Customer misrepresents their identity. (3) The Customer has diverted or interfered, in an unauthorized manner, with utility service in the past 6 years. (4) The Customer has had one or more payments canceled in the last 12 months due to: (1)non- sufficient funds returned check, (2) account closed returned check, (3) non-sufficient funds bank bill, (4) account closed bank bill, (5) credit card reversal, (6) or other payment method cancellation. (5) The Customer has a prior account that is delinquent within the last 6 years. B. New Customers may not be required to submit a deposit,in any of the following situations: Residential Customers (1) The Customer has no service history with the Board and has been permitted into the Good Faith Deposit Program in accordance with Customer Service established Standards and Guidelines. (2) The Customer has previously established an acceptable payment history with the Board on a similar account. (3) The Customer's bill is paid by a governmental agency. (4) The Customer secures a guarantor with a similar account and an acceptable payment history. (5) The Customer provides an acceptable surety bond. (6) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. Commercial and Industrial Customers Approved: 05/25/10 15 Effective: 07/01/10 - Responsibility for Payment of Bills Hame[ownPeople.HometownPoweF. Chilled Water Rule and Regulation 7 (1) The Customer has previously established an acceptable payment history with the Board on a similar account. (2) The Customer's bill is paid by a governmental agency. (3) The Customer secures a guarantor with a similar account and an acceptable payment history. (4) The Customer provides an acceptable surety bond. (5) The Customer provides an acceptable credit reference letter from a similar utility company for a similar account. Account must have been in the Customer's name and maintained for a minimum of 12 consecutive months. The Board will refund deposits to all Customers who have taken service for 12 months and have an acceptable payment history. The Board will also refund deposits to Customers who have voluntarily terminated service and paid all charges due. The Board will pay simple interest accrued on Account Security Deposits held. No interest will be paid until the deposit is returned to the customer. The interest rate will be updated on July l of each year.The interest rate used to calculate interest will be the sum of the Federal Funds rate in effect on the last day of March of the current year plus.25%. Approved: 05/25/10 16 Effective: 07/01/10 Dispute and Hearing Procedure Hometown People.Home[ownPowei. Chilled Water Rule and Regulation 8 Dispute and Hearing Procedure 1. Disputes In accordance with the Lansing City Charter, the Board is required to provide a fair and equitable dispute and hearing process for its Customers as follows: A. When any Customer disputes a bill or service and the Board is so advised in writing, the date of the notice of dispute will be recorded. B. Service to a Customer shall not be discontinued for nonpayment of a disputed bill if the Customer has requested a hearing, pending results of the hearing. Service may be discontinued for nonpayment of bills that are not disputed. C. The disputed bill or service will be investigated promptly and completely. D. The Customer will be advised of the results of the investigation. E. An attempt will be made to resolve the dispute in a manner mutually satisfactory to both parties. F. The Board will provide the opportunity for each Customer to enter into a reasonable settlement agreement in order to mutually resolve the disputed claim or to satisfy any liability not in dispute. G. If a settlement cannot be reached between the Customer and the Board's Account Administrator, the Customer may choose to appear before the Board's Dispute Review Committee. The review will be scheduled within ten(10)days of the request or as mutually agreed to by both parties. H. If a settlement cannot be reached following examination by the Dispute Review Committee, the account will be referred to the Board's General Manager. I. If a settlement is not reached after review by the Board's General Manager,the Customer shall be afforded an opportunity for a hearing. J. The Customer shall be responsible for payment of all other bills or portions of bills as rendered which are not in dispute. 2. Hearings A. Any Customer who disputes the services provided or a billing for services fumished in accordance with the Board's filed Rates, Rules and Regulations or established policies or procedures may request a hearing. If a hearing requested is based on a disputed past due bill,the request must be made within ten (10) calendar days following the final outcome of the dispute process. Any request for a hearing may be made in writing and received by the Board's corporate office at 1232 Haco Drive,Lansing,Michigan,48912. B. On receipt of a request for a hearing, the Board will forward this request to an independent Hearing Officer. The Hearing Officer will arrange a time for the hearing and advise both the Customer and the Board of the date,time and location in writing. The hearing will be scheduled during normal business hours. Failure of the Customer or Board to attend the hearing without due cause or prior request for adjournment will constitute a waiver of right of that party to the hearing. C. The Board and the Customer shall: (1) Have the right to be represented by Counsel or other persons of their choice. (2) Have the right to present evidence,testimony and oral and written argument. (3) Have the right to cross-examine witnesses appearing on behalf of the other party. Approved: 05/25/10 17 Effective: 07/01/10 Dispute and Hearing Procedure Hometown People.HometownPower.. Chilled Water Rule and Regulation 8 (4) Have the right to have the hearing recorded by a court reporter at the expense of the Customer. The Hearing Officer shall also have the right to have the hearing recorded by a court reporter. Recordings will be preserved at least six (6) months from the date of the hearing. All evidence relevant to the dispute will be received. D. For each hearing, the Hearing Officer shall compile a hearing record which will contain; (1) A concise statement in writing of the position of the Board in relation to the dispute. (2) A concise statement in writing of the position of the Customer in the dispute. (3) Copies of all evidence submitted by the parties. E. If a decision is reached during the hearing, the Hearing Officer shall state the decision to both parties. If the Hearing Officer does not reach a decision during the hearing, additional time will be allowed to reach a decision. When a decision has been reached,either at the hearing or later, the Hearing Officer will prepare a report which shall contain the following: (1) A concise summary of the evidence and argument presented by the parties. (2) The decision and a statement that the decision of the Hearing Officer was based solely on the evidence presented and reasons therefore. (3) Advise that the representatives of the Board and the Customer have a right to file an appeal with the Board of Commissioners. (4) A statement as to any settlement agreement. (5) A statement that the dispute determination is binding on both parties unless appealed to the Board of Commissioners within ten(10)days of the date of mailing of decision,and that any request for appeal must be in writing to the Corporate Secretary. F. The Hearing Officer shall file the written report with the Board of Commissioners and the Mayor of the City of Lansing. A copy of the report shall be sent to the Customer via certified mail. G. If the dispute is unresolved and the decision appealed, the Hearing Officer shall make recommendations to the Board of Commissioners on the dispute. The Secretary of the Board will arrange a time for the appeal and advise both the Customer and the Board of the date, time and location in writing. Failure of the Customer to appear at the time set for the appeal without due cause, or to request an alternate date, will constitute a forfeiture of the dispute. The decision rendered by the Board of Commissioners will be final. Approved: 05/25/10 18 Effective: 07/01/10 Distribution System Extensions Hometown People.Hometown power: Chilled Water Rule and Regulation 9 Distribution System Extensions 1. General A. Request for Distribution System Extension Rule 9 sets forth the conditions under which the Board will extend its Chilled Water Distribution System. B. Ownership The Board shall provide,own,maintain and specify all of its distribution Facilities including location. No ownership rights to Board Facilities shall pass to any owner(s),developer(s),or Customer(s)by reason of any contribution required hereunder. C. Availability of Distribution System Extension The Board shall in its sole discretion determine whether or not any particular Chilled Water Distribution System extension shall be made,regardless of its intended use,and establish any special conditions or requirements that may apply, including but not limited to entering into an agreement with a developer,property owner(s)or Customer. Chilled Water Distribution System extensions are generally available throughout the chilled water service area if the requested service will not disturb or impair service to prior users and is within or contiguous to areas presently served. D. Installation of Distribution System Extension All Chilled Water Distribution System extensions shall be installed by the Board or its agent. Chilled Water Distribution System extensions shall be installed in public right-of-way except in certain cases where, at the Board's discretion, they may be installed in dedicated recordable easements on private property at no cost to the Board. The Customer shall provide the Board a final preliminary approved site plan for Board review and approval. Installation of a Chilled Water Distribution System extension will be initiated provided: (1) The Customer has entered into a written agreement with the Board for the construction of the Chilled Water Distribution System extension. (2) The Customer has paid any deposits as required by Rule 7.4 and Rule I I for the Chilled Water Distribution System extension and any required system reinforcement. (3) Where applicable,the Customer has recorded the plat or final preliminary approval has been received, monuments or markers are in place, lot lines staked, sewers installed, streets at finished grade (before gravel and curb and gutter installation), sidewalk grading completed,and the ground in workable condition. (4) Construction during the winter season will only occur at the Board's discretion. E. Adequate Temperature,Pressure and Flow Capacity Approved: 05/25/10 19 Effective: 07/01/l0 Distribution System Extensions HametoWnPeup�e.FiometoWnauWer'. Chilled Water Rule and Regulation 9 The Board shall not make Chilled Water Distribution System extensions unless adequate temperature, pressure and flow capacity is available at the location of the Chilled Water Distribution System extensions as determined by the Board. Where a Chilled Water Distribution System reinforcement is required to provide adequate temperature, pressure and flow capacity at the location of the Chilled Water Distribution System extension, the Customer shall bear the cost of such Chilled Water Distribution System reinforcement in accordance with Rule 11. F. Economic Development Offsets Where the Board determines that the Chilled Water Distribution System extension will promote development that provides substantial and sustainable economic benefits to its Customers or the Lansing region, the Board will consider an offset to its fees and charges and/or an economic incentive subject to its availability. G. Easements and Tree Trimming/Removal Permits Where the Board has agreed to construct the Chilled Water Distribution System extension in an easement and prior to such construction, the owner(s), developer(s) or Customer(s) shall be required to furnish,at no expense to the Board,recordable easements in a form satisfactory to the Board. The easement shall grant right-of-ways suitable for the ingress,egress and the installation and maintenance of the Chilled Water Distribution System extension including any Chilled Water Distribution System equipment as designed by the Board for present and future service. The owner, developer, or Customer shall also, in a form satisfactory to the Board, grant the Board permission to trim and remove trees as necessary to protect the integrity of its distribution system and the safety and welfare of its employees and the public. In the event the required easements tree trimming and removal permits are not provided by the owner(s), developer(s) or Customer(s) for such extension, the Board may elect to construct all or any part thereof along public highways or other private property. In such event, the Board may require the owner(s), developer(s) or Customer(s) to pay the added construction expense occasioned by the use of such highways or other private property,plus any expense encountered in acquiring permits and easements on other private property when necessary to provide service to the owner(s),developer(s)or Customer(s). H. Non-Standard Equipment Where the Customer requests that the Board utilize equipment which differs from its normal specifications, purchased or installed, the Board may elect to provide such non-standard equipment with the Customer paying any additional cost. I. Non-Standard Construction Where,in the Board's judgment,practical difficulties exist such as unexpected governmental requirements, frost or wet conditions, contaminated soil, rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. J. Other Facilities Approved: 05/25/10 20 Effective: 07/01/10 Distribution System Extensions HametownPeople.HametownPowei. Chilled Water Rule and Regulation 9 It will be the responsibility of the owner(s), developer(s) or Customer(s) to identify and provide locations of any existing privately owned underground facilities such as lawn sprinkler systems, field drainage systems,septic tanks,Customer owned electric lines,etc. If privately owned facilities are not properly located, the Board does not assume responsibility for any damage to these facilities. K. Construction Date of Distribution System Extension The Board,based on availability of work crews and material,and subject to approvals of the appropriate regulatory agencies, utilize best efforts in constructing the Chilled Water Distribution System extension to meet a mutually agreed upon date. 2.Chilled Water Facility Relocations and Removals: A. At the request of a Customer or developer, or as required due to a conflict, or to meet Board Standards,the Board will relocate or remove its chilled water Facilities provided: (1) The relocation or removal is feasible and meets Board Standards. (2) The Customer or developer obtains approval from all Customers impacted by the proposed relocation. (3) The relocation or removal does not degrade chilled water reliability or quality. (4) All governmental approvals,permits and easements are obtained. B. Prior to any relocation or removal of chilled water Facilities, the Customer or developer shall be required to make a nonrefundable contribution in aid of construction. The aid in contribution of construction shall reimburse the Board for all relocation and removal costs including material, labor, the cost of breaking and repairing streets, walks, parking lots, driveways, etc., repairing lawns, replacing shrubs, flowers,etc.,and any right-of-way costs as per this Rule 9,plus the cost of any necessary modifications to the Board's Chilled Water Distribution System affected by the relocation or removal, less the salvage value of any portion of the chilled water Facilities removed. C. If,at any time subsequent to completion of the Chilled Water Distribution System extension,it is found that Chilled Water Mains or related Facilities are not at the correct location or at the proper elevation due to changes beyond the control of the Board, the Customer or developer shall reimburse the Board to relocate Chilled Water Mains or related Facilities to the correct location or at the proper elevation. Approved: 05/25/10 21 Effective: 07/01/10 Services HametownPeople.HometownPowe�. Chilled Water Rule and Regulation 10 Services 1. General: The Customer Chilled Water Service shall be furnished, installed, owned and maintained by the Board. In the course of maintaining or repairing a Customer Chilled Water Service, the Board shall bear no responsibility for damage incurred or restoration to areas where the Customer Chilled Water Service passes under any area not readily accessible. The Customer shall be responsible for additional repair costs due to these encumbered services The Service Location shall be specified by the Board and shall be located so that the Board's service Facilities meet or exceed all clearance requirements and applicable local codes. Should it become necessary for any cause beyond the Board's control to change the Service Location, the entire cost of any changes in the Customer's service shall be the responsibility of the Customer. Should it become necessary for the Board to reinforce or upgrade the Chilled Water Distribution System to accommodate the requested service, a nonrefundable contribution in aid of construction may be required as determined by Rule 11. 2. Application for Service A. Request for existing services Request for existing services are taken by the Customer Service Department at the Board main office at 1232 Haco Drive, Lansing MI 48912 or by calling (517) 702-6006 during normal business hours. B. Request for new services Request for new services are taken by the Utility Services Section of the Customer Projects and Development Department at Board offices at 730 E.Hazel Street, Lansing MI 48912 or by calling(517)702-6700,during normal business hours. C. Commercial Service Applications To establish commercial service/account, the Board is required to acquire the following business information: (1) Legal Business Name and Tax ID Number(registered in Michigan) (2) Type of Business (3) Tax Status (Taxable, Tax Exempt or partial Tax Exempt, documentation will be required) (4) Telephone Number (5).Email Address (6) Contact Name(s) (7) Owner or Business Agent Name (8) Mailing Address if different from Service Address Approved: 05/25/10 22 Effective: 07/01/10 Services Hometown People.t,omesowr,aowe�, Chilled Water Rule and Regulation 10 3. Chilled Water Service: A. General The Customer shall provide the chilled water demand and a plot plan showing the proposed building size and location of proposed service entrance to the Board's Customer Projects and Development Department. Customer Chilled Water Services shall be installed from the Chilled Water Main to the Customer's property line in the most direct manner. The pipe comprising the connection shall cross only that legally described property upon which the building to be serviced is located. It is the intent of the Board that all underground chilled water pipes be installed and maintained by the Board. However,where unusual or special circumstances exist,the Customer may request approval to install underground chilled water pipes. Applicants shall submit plans and specifications to the Board's Customer Projects and Development Department for approval prior to installation. .Only authorized�oard representative and/or employees shall operate anv valve blow off or any Deleted: 1person other man:m — T other device connected anvwhere on the Customer Chilled Waterpistribution System mcludim� Deleted: auothorized without limitation, any Customer Chilled Water Service or metering. No person except an Deleted:employee of the authorized j-epresentativeof the Board shall tap,ji-todify or connect to a Chilled Water Main or Deleted:Service any of the pipes comprising the Customer Chilled Water Service. Altemations to the Board's Deleted:Boardcmployco Facilities(including ipes,valves,and meterim.,)are prohibited without approval of the Board. Deleted:revamp The Customer shall flush the Customer Piping prior to connection to the Customer Chilled Water Service. The flushing shall remove all debris and foreign matter from the Customer Piping. The Board shall be notified of the date of flushing and given the opportunity to witness same. The Customer shall not use the Customer Chilled Water Service for cleaning or flushing of the Customer Piping. B. Customer Connections to Board Facilities It shall be the Customer's responsibility to connect Customer Piping to the Customer Chilled Water Service. All work shall be in full compliance with all Board standards and applicable codes. The Customer shall not connect to the Customer Chilled Water Service except at the outlet side of the Board Service Valves. C. Customer Chilled Water Piping The Customer shall make sufficient provisions to support the Customer Piping so that the Board's Customer Chilled Water Service is not adversely affected. The Customer shall inform the Board of the date of connection to the chilled water system. The Board shall be afforded the opportunity to witness the connection. D. Installation and Maintenance of Chilled Water Services Installation of a chilled water service will be initiated provided: (1) The Customer has provided the Board a final preliminary approved site plan for Board review and approval. Approved: 05/25/10 23 Effective: 07/01/10 - Services Hometown People.Hometown Power. Chilled Water Rule and Regulation 10 (2) The Customer has entered into a written agreement with the Board for the construction of the chilled water service. (3) The Customer has paid any deposits as required by Rule 7.4 and Rule l I for the chilled water service. (4) Where applicable,the Customer shall have the plat recorded or final preliminary approval received, monuments or markers in place, lot lines staked, sewers installed, streets at finished grade (before gravel and curb and gutter installation), sidewalk grading completed,and the ground in workable condition. (5) Construction during the winter season will only occur at the Board's discretion. Where, in the Board's judgment, practical difficulties exist such as unexpected governmental requirements, frost or wet conditions, contaminated soil, rock within the excavation surface, or where it is necessary to deviate from the Board's approved construction standards or established distribution system design, the Board may require the Customer to pay for the additional cost resulting therefrom. The Customer shall be responsible for additional repair costs due to encumbered Customer Chilled Water Services or damage as a result of negligence,willful damage or carelessness by the Customer,owner or tenants. 4. Chilled Water Facility Relocations and Removals: The Board will relocate or remove its chilled water Facilities in accordance with Rule 9.2 Approved: 05/25/l0 24 Effective: 07/01/10 System Extension & Service Deposit Hometown People.HometownPowe% Chilled Water Rule and Regulation 11 System Extension&Service Deposit 1. General When application is made for chilled water service which requires the extension of the Board's existing Chilled Water Distribution System,the Board will make such extensions when the estimated annual revenue, probable stability of the load and prospective load growth reasonably warrant the capital expenditure required. The Board shall have the final determination of estimating loads, consumption and revenue of distribution extension and services. 2. Distribution System Extension and Customer Chilled Water Service The Customer may be required to pay all or a portion of the cost of an extension of the Board's existing Chilled Water Distribution System and installation of a Customer Chilled Water Service, based on an evaluation of the Board's recovery of capital cost along with other business related matters. 3. Customer Chilled Water Service Only The Customer may be required to pay all or a portion of the cost of the installation of a Customer Chilled Water Service,based on an evaluation of the Board's recovery of capital cost along with other business related matters. Approved: 05/25/10 25 Effective: 07/01/10 Schedule of Fees & Charges ometown HPeopte.HometownPowei. Chilled water Rule and Regulation 12 Schedule of Fees&Charges CHILLED WATER FEES and CHARGES Charge Description When Applied Charge Security Deposits—Commercial& For all new customers unless waived by conditions 2 times average monthly bill Industrial stated in Rule 7. Connect fee Standard Service:J v the end of the nest busincss No charge Deleted:within 24 Hours day of the order being taken. Service orders taken beforeF.00 p.m.weekdays arc normally completed Deleted:4 by the end of the same business day. Samc-Day Scrvicc: By the end of the same $200 calendar day of the ordering being taken. Service orders taken aftcrj:00 p.m.weekdays or on Deleted:4 Saturday will be completed by the end of the day. Reconnection fee Standard Service: Within 24 Hours of the order S80 Non-pay being taken. Service orders taken bcforcR.00 p.m. _- Deleted:4 weekdays arc normally completed by the end of the same business day. Same-Day Service: By the end of the same $200 calendar day of the ordering being taken. Service orders taken after 3:00 p_m.weekdays or on _ _ _ _ __ __ _ _ _ _ Deleted:4 Saturday will be completed by the end of the day. Meter Tampering Each occurrence $200 Customer requested service Each Occurrence $30 investigation or meter read Valid Service or Metering Issue No Charge Missed Appointment,No Show,No After second occurrence,per occurrence $30 access Fee Non Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks S30 Charges other than those published Relocations,damages,etc. At cost Approved: 05/25/10 26 Effective: 07/01/10 ELECTRIC FEES & CHARGES i i i i ELECTRIC FEES and CHARGES :harge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/2010 7/1/2009 (industry stds/typical) .esidential Underground Distribution When requested by customer $3.50/ft $3.50/ft $14.73/ft installed For competitive purpose, xtension $7/ft $7/ft $2.47(cable vs.wire proposed fee is equal to (undeveloped lots) (undeveloped lots) only) CECo rate Based on Differential from OH to UG inst. .esidential Underground Service— When requested by customer $4.50/ft $4.50/ft $7.46/ft For competitive purpose, reen space only. Installation requiring $290 minimum $290 minimum Minimum calculated cost proposed fee is equal to onduit,sidewalk crossing or other Green space only,restoration not included. of$73 based on typical CECo rate Installation requiring conduit,sidewalk indrances will be billed at time and calculated cost for small taterial crossing or other hindrances will be billed at service run Based on Differential time and material. from OH to UG inst. ;ommercial Underground Distribution When requested by customer $7/ft $7/ft $5.86/ft installed For competitive purpose, xtension $g 43/ft proposed fee is equal to (cable vs.wire only) CECo rate Based on Differential from OH to UG inst. 'ommercial Underground Service When requested by customer,restoration not $6.50/ft $6.50/ft $2.42/ft For competitive purpose, 00 A or less—green space only included. $525 minimum $525 minimum Minimum calculated cost proposed fee is equal to of$169 based on typical CECo rate. 7ulti-Dwelling Structure Single Phase $6.50/ft $6.50/ft cost for small service run Based on Differential 00 A or less $minimum $525 minimum Actual avg cost of$603 from OH to UG inst. based on total installed. 'ransformer kVA Capacity Commercial or Industrial underground services $10/kVA $10/kVA Typical average UG vs. Fee is charged to offset with padmounted transformation. OH cost is$58.14/kVA difference in UG vs.OH installed on average transformer cost. CECo Transformer price fee is$10/kVA difference is$20.31/kVA ;urrent and Potential Transformer When requested by customer,401-1000A $700 ea. $700 ea. $677 ea. Fee is for customer ;nclosure option to purchase BWL When requested by customer,>1001A-1200A 1,800 $1,200 ea. $1,828 ea. standard enclosure When requested by customer,>1201A-3000A 12,500 $12,000 ea. $12,399 ea. (incl.installation) Rultiple secondary termination cabinet When requested by customer,up to 3000A 9,800 $9,500 ea. $9781ea. Fee is for customer (incl_installation) option to have BWL install cabinet EC 5/21/2010 ::WdmShared\Board Meetings\Board 052510\Electric Fees and Charges 2011 Table proposed 030510.docm I of 5 ELECTRIC FEES and CHARGES harge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/2010 7/1/2009 (industry stds/typical) =ndary Service Termination Box BWL installed commercial services requested $900 ea. $900 ea. $862 ea. Fee is for customer option by customer,800 A or less to have BWL service point on building to a trough system. ;mporary Overhead Service Install&remove service drop,exceeds 100 ft, At cost At cost N/A Fee based on cost due to 400A or not available degree of uncertainty and complexity 200A or less $550 ea. $550 ea. $584 ea. BWL is subsidizing this 201 A to 400A $750 ea. $750 ea. $1,211 ea. fee based on cost benefit to the BWL for scheduling permanent service. ;mporary Underground Service When requested by customer, $375 ea. $375 ea. $519 ea. BWL is subsidizing this Connection&disconnection only fee based on cost benefit April 1—December 14 to the BWL for scheduling permanent service. ;mporary Underground Service When requested by customer, $550 ea. $550 ea $779 ea. BWL is subsidizing this Vinter) Connection&disconnection only fee based on cost benefit December 15—March 31 to the BWL for scheduling permanent service. :condary Riser Pole Charge When requested by customer Calculated cost Single phase 400 A or less $625 ea. $625 ea. $638 ea. Three phase 400A or less $925 ea. $925 ea. $939 ea. to Inspection When applicable,per site inspection. $90 ea. $85 ea. $90.78 ea. Calculated cost )le Attachment Fees Joint Use and Third Party,make ready and At cost At cost N/A Fee based on cost due to engineering degree of uncertainty and complexity Annual fee $12 per attachment $19 per attachment $12.00 per attachment Calculated cost. Note: $300 minimum $285 minimum $275.42 minimum Minimum cost increased due to increased minimum number of poles&lower per pole cost Application deposit,credited to make ready and $33 per pole $32 per pole $32.66 per pole Calculated cost engineering costs $495 minimum $640 minimum $489.84.minimum; Actual avg cost of Changed minimum permit $246.53 based on from 20 to 25 poles. previous years permits ,C 5/21/2010 \AdmS'----4 loard 1\"^ ^^;\BoarO n "'0\E1ect`---and C'-----"011 T.-----posed r,^"^deem 2 of� ELECTRIC FEES and CHARGES :harge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/2010 7/1/2009 (industry stds/typical) oint trench charges To other utilities $2.35/ft if 3 joint $2.30/ft if 3 joint $2.35/ft if 3 joint users Calculated cost. users users $3.15/ft if 2 joint $3.05/ft if 2 joint $3.15/ft if 2 joint users users users $4.70/ft if 1 joint $4.65/ft if 1 joint $4.70/ft if 1 joint user user user Winter charge may also Winter charge may Winter charge may apply. also apply. also apply. ,onduit Delivery for Joint Facility Calculated cos with nstallations To other utilities when conduit is delivered to � site for road or drive crossing for installation by $2/ft for two $2/ft for two $1.35/ft for one margin. developer's contractor or BWL for utilization company company company by Joint user(s) $3.90/ft for one $3.90/ft for one companies in companies in $2.70/ft for two same conduit same conduit companies in same conduit oint conduit push with BWL To other utilities to utilize separately installed $24/ft one $24/ft two $24.30/ft Calculated cost,with conduit company company margin. $36/ft two $36/ft one $36.40/ft companies in same companies in same conduit conduit oint boring with BWL To other utilities to utilize separately installed $15/ft for two $23/ft for two $14.65/ft Calculated cost,with flexible duct companies in same company margin. duct. $25/ft for one $34/ft for one $22/ft company companies in same duct Minter Construction Charge December 15—March 31 $9/ft $9/ft $9/ft Calculated cost In addition to the In addition to normal per foot normal charge charge. :EC 5/21/2010 MAdmShared\Board Meetings\Board 052510\Electric Fees and Charges 2011 Table proposed 030510.docm 3 of 5 ELECTRIC FEES and CHARGES harge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/2010 7/l/2009 (industry stds/typical) onnect Fee No charge No Charge Fee based on calculated Standard Service: By the end of the next g g business day of the order being taken. Service cost to connect-covers orders taken before 3:00 p.m.weekdays are cost of OT call out. normally completed by the end of the same $135 $135 $134.80 per visit business day. Same-Day Service: By the end of the same calendar day of the ordering being taken. Service orders taken after 3:00 p.m.weekdays or on Saturday will be completed by the end of the day. econnection fee Fee based on calculated Standard Service: By the end of the next cost for after hours on-pay or Limiter Removal business day of the order being taken. Service $30 $30 $30 reconnect. orders taken before 3:00 p.m.weekdays are normally completed by the end of the same business day. $135 $135 $135 Same-Day Service: By the end of the same calendar day of the ordering being taken. Service orders taken after 3:00 p.m.weekdays or on Saturday will be completed by the end of the day. [eter Tampering Each Occurrence $155 $155 $155 ut at Pole Each Occurrence $155 $155 $155 -curity Deposits—Residential For all new customers unless waived by $122 $114 Based on 2 the average lectric conditions stated in Rule 7_ monthly bill. ecurity Deposits—Commercial& For all new customers unless waived by 2 times average 2 times average idustrial conditions stated in Rule 7. monthly bill monthly bill lissed appointment,No Show,No After second occurrence $30 per occurrence $30 To cover telephone,fuel, ccess Fee labor and follow up costs i Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks $30 each $30 each Industry Standard To cover bank,labor and Follow-up costs. Based on industry standard. ustomer requested service Each Occurrence $30 30 $30 To cover labor cost for ivestigation or meter read Valid Service or Metering Issue No Charge No Charge investigation ate 5&8 Meter Non-compliance For each month of non-compliance with meter $80/month $80/month $80/month Calculated cost harge requirements EC 5/21/2010 \AdmF`—-^Board 1"'-- s\Boar?^`^"0\Elec=-" s and C` - 2011 T-'''---iposed"^^"^.docm 4 of[ ELECTRIC FEES and CHARGES :harge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/2010 7/1/2009 (industry stds/typical) Teter Calibration Charge When Customer requested meter calibration $75 each $75 each $75 each, Calculated cost check is within plus or minus 2%accuracy IPL Disconnect/Reconnect When requested by customer $40 $40 Calculated cost ervice Demolition When requested by customer $80 New $77.56 Based on typical labor required from both Line Worker&EM&M 'barges other than published Relocations,damages,etc. At cost At cost Fees to cover other costs due to the level of uncertainty and risk EC 5/21/2010 :WdrnShared\Board Meetings\Board 052510\Electric Fees and Charges 2011 Table proposed 030510.docm 5 of 5 I , 1 � t I �I II Irl � l t l I LJ I � WATER FEES & CHARGES i t i WATER FEES and CHARGES Charge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/10 7/1/09 (industry stds /typical) Water Main Installation Based on design including fire protection Firm Price Quote,not firm price quote,not N/A Provides price risk coverage. to exceed quote or at to exceed quote or at options for customer cost cost Water Main Front Footage Recovery On 6" $64/ft $65/ft $63.79/ft Fee based on estimated On 8" $75/ft $75/ft $75.15/ft cost of improved road On 12" $125/ft $115/ft $126.70/ft installation escalated to the year 2011 On 16" $170/ft $140/ft $169.79/ft '/z of the charge for either side of street if not previously collected. Fire Hydrant installation When requested by customer Firm price quote Firm price quote NA Fee based on estimated cost due to uncertainties Main-to-Curb Box Stub on previously installed $2,200 per stub $2,150 per stub plus $2,215 per stub Calculated cost water mains up to 1" plus restoration restoration plus restoration Water Services $845 Minimum $845 Minimum $844 Minimum Curb Box-to-Building 1"or less(Trenched) Calculated cost (Connection Fees Applicable) Restoration of sidewalk,curbs and $19/ft in excess $19/ft in excess $18.05/ft in excess of 45 ft. of 45 ft. of 45 ft. street surfaces is additional $1,935 Minimum Curb Box-to-Building 1"or less(Bored) $1,950 Minimum $43/ft in excess $1,950 Minimum Restoration of sidewalk,curbs and $43/ft in excess of 45 ft. $43/ft in excess of street surfaces is additional of 45 ft. 45 ft. Lead Service Pull Ahead Program Credit Actual cost up to Based on Projected Main-to-Curb Box Stub 1"or less $ 1,520 credit max $ 1,520 credit max $ 1,520 Average Service cost in Lead Replacement Curb Box-to-Building 1"or less $ 1,380 credit max $ 1,380 credit max $ 1,380 Project less meter and inspection. Main-to Building 1"or less $2,900 credit max $2,900 credit max $2,900 Upgrade from 1"to larger size or split service Calculated N/A Calculated Lead Service Pull Ahead Program Credit Actual Cost Actual Cost Actual cost Based on Projected Greater than 1"Main-to-Curb Box Calculated credit Calculated credit Calculated credit Average Service cost inLead Replacement Greater than 1"Stub Curb Box-to-Building Calculated credit Calculated credit Calculated credit Project Greater than 1"Main-to Building Calculated credit Calculated credit Calculated credit Great than 1"upgrade,renovations or split Calculated credit Calculated credit Calculated credit service KEC 5/21/2010 H:WdmShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed l.docm I of 6 WATER FEES and CHARGES Charge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/10 7/1/09 (industry stds /typical) Up to and Incl. 1"service indoor Meter Set $200 $200 $199 Calculated cost Up to and incl. I"service indoor Meter Set— $300 $300 $296 Calculated cost With Split Irrigation Water Services Up to and incl. I"Domestic Service outdoor $2,150 $2,180 $2,150.20 Calculated cost ,Connection Fee applicable) Meter Pit Set Up to and incl. I"Irrigation Service outdoor $2,150 $2,180 $2,150.20 Calculated cost Meter Pit Set Up to and incl. I"service outdoor Meter Pit Set $125 labor only $125 labor only $127.20 Calculated cost—labor —Customer Choice Program only.Material provide by Choice Contractor Retrofit up to and incl. 1"existing service to $450 $515 $447.52 Calculated cost(labor Spilt Irrigation Service costs were calculated in meter setting cost) Charge for setting meter on a split service after $75 $75 $63.57 Calculated cost(same initial installation as inspection fee) Greater than I"Main-to-Curb Box Firm price quote Firm price quote N/A Fee based on estimated cost due to uncertainties Greater than I"Service Curb Box-to-Building Firm price quote Firm price quote N/A Fee based on estimated cost due to uncertainties Greater than I"Service Meter Set Firm price quote Firm price quote N/A Fee based on estimated cost due to uncertainties Greater than I"less than 3"service outdoor $220 labor only $220 $220 Calculated cost—labor Meter Pit Set—Customer Choice Program only.Material provide by Choice Contractor Greater than 1"Service Split Irrigation Service Firm price quote Firm price quote N/A Fee based on estimated cost due to uncertainties Service Demolition When requested by Customer $130 New $129.82 Fee based on labor typically required <EC 5/21/2010 3:\AdmShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed Ldocm 2 of 6 WATER FEES and CHARGES Proposed Charge Previous Charge Estimated imate sCost Basis for Charge Charge Description When Applied 7/1/10 7/1/09 tds /typical) Water Services,2"and under $18/trench ft $17/trench ft $17.89/trench ft Calculated Cost. Winter Construction Charge Over 2"distribution and mains Firm price quote Firm price quote In addition to normal December 15—March 31 In addition to normal charge charge Calculated on Damaged Meter Charge Upon occurrence For services: For services: replacement of meter Up to 1"_$200 Up to 1"_$200 $155.70 average plus labor ($138.56-$172.84) 1 1/2Labor and 1 1/2Labor and Material* Material* $37.3 -to$550 typical 2" Labor and 2" Labor and $375 825 typical Material* Material* *minimum charge of *minimum charge of $400 $400 220 ea. Fee based on calculated Hydrant Flow Testing When requested by customer $250 ea. $250 ea. $ cost to run test $115 ea $115 ea $116 ea Bulk Water Permit Fee Initial application fee Bulk Water Renewal Fee Yearly $30 yearly $30 yearly $30 yearly Commodity Charge Commodity Charge $2.24/ccf Consumption Fee For commodity used +chemical charge +chemical charge +chemical charge (Filled at Hazel Street Yard Hydrant) calculated according calculated according current rate for to Current General to Current General FY08 Water Service Rate Water Service Rate No.2 No.2 Domestic Service Inspection Fee Each inspection visit for 2"or less diameter $75 ea. $75 ea. $63.57 ea. Calculated cost services only—no engineering drawing or (Customer Choice Program) g service evaluation required. $400 Initial request b $400 Last year's calculated contractor seeking $400 Permit Application q y rac g q cost is still applicable (Customer Choice Program) Fee based on 5 person committee time to evaluate and process $150 $150 $150 Last year's calculated Annual Contractor's Qualification Annually cost is still applicable permit fee Fee based on 5 person (Customer Choice Program) committee time to evaluate and process KFC 5/21/2010 3 of 6 H:\AdmShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed 1.docm Charge Description When Applied WATER FEES and CHARGESProposed Charge Previous Charge Estimated Cost g Basis for Charge 7/1/10 7/1/09 (industry stds /typical) Engineering,Inspection and On-site mains and Commercial Service o Administration Deposit of 5/a for Deposit of 5%for Minimum fees are Fee is to collect an inspection,actual cost inspection,actual cost based on minimum initial deposit to cover (Customer Choice Program) of inspection that are of inspection that are calculated costs for BWL Customer Choice less than or exceeding less than or exceeding BWL to administer inspection of 5%or 4% deposit will be deposit will be a 2"service with balance of actual reimbursed or billed. reimbursed or billed. installation. Additionally a inspection cost to be Y Additionally a Graduated billed or reimbursed nonrefundable 3%for nonrefundable 3%for percentage is based subject to a$1,000 engineering and engineering and on a typical minimum non admin for projects admin for projects expected percentage refundable inspection based on BWL based on BWL of construction fee. (True up of Estimated Estimated project cost. deposit/fees resulting in construction cost of construction cost of +/-$100 actual to $100,000 or less $100,000 or less estimated inspection Deposit of 4%for Deposit of 4%for will not be inspection,actual cost inspection,actual cost billed/refunded) of inspection that are of inspection that are less than or exceeding less than or exceedingoonre�f or minimum fees of deposit will be 3/o,2/o or minimum of P deposit will be $600 are to cover reimbursed or billed, reimbursed or billed. Additionallya engineering review Additionally a permitting,records nonrefundable 2%for nonrefundable 2%for engineering and engineering and management,easement admin for projects admin for projects veument and project o based on BWL based on BWL oversight. estimated construction estimated cost of>$100,000 construction cost of $1,000 min non >$100,000 refundable for $1,000 min non construction refundable for inspection and$600 construction min.non refundable inspection and$600 for engineering and min.non refundable admin for engineering and Temporary Hydrant Usage for Within BWL service area for construction use admin construction,festivals and Permit Fee per project Fees are based on Fees are to provide governmental special use by special 1"RPZ backflow device plus $150 $150 actual cost for proper protection of permit. $380 if required. $380 if required. backflow device and water supply and to Commodity fee $60/month or portion P $50/month or portion typical commodity collect for water usage thereof thereof use. and/or BWL labor& 2"RPZ backflow device plus $720 if required $720 if required Commodity fee $160/month or portion material costs. P $140/month or Actual 1"rpz$300 Contractor may use thereof portion thereof Actual 2"r z$625 their own backflow CEC 5/21/2010 i:\AdrnShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed Ldocm 4 of 6 WATER FEES and CHARGES Charge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/10 711/09 (industry stds /typical) device w/proper Other approved backflow prevention device Cost based on Cost based on inspection. estimated usage estimated usage I"commodity fee is (Recommendation based on 25 ccfs Non-compliance fee of the Bulk Water 2"commodity fee is $250 deposit $250 deposit Committee). based on 70 ccfs Hydrant wrench $45 $45 Cost of wrench. Water Theft Penalty Fee $500 1st occurrence $500 1st occurrence up to$1500.00 2nd up to$1500.00 2nd occurrence occurrence up to$5000.00 3rd up to$5000.00 3rd occurrence and occurrence and revocation of permit revocation of permit Festivals,non-profit or otherwise—includes rental of RPZ. 1" 1-3 days=$100 1" 1-3 days=$100 4-7 days=$300 4-7 days=$300 8+days=$500 8+days=$500 2" 1-3 days=$250 2" 1-3 days=$250 4-7 days=$500 4-7 days=$500 Metered use for approved governmental special 8-14 days=$750 8+days=$750 use—includes rental of RPZ Setup and removal Setup and removal cost plus Residential cost plus Residential Water Service Rate 1 Water Service Rate 1 commodity charge commodi char e Security Deposits—Residential For all new customers unless waived by 2 times the average Based on 2 times the conditions stated in Rule 7. bill. average monthly bill. Water and City Sewer $122 $112 Water Only $51 $47 Security Deposits—Commercial and For all new customers unless waived by 2 times average 2 times average 2 times the average Industrial conditions stated in Rule 7. monthly bill. monthly bill. bill Connect Fee Standard Service: By the end of the next No charge No charge Fee based on calculated business day of the order being taken. Service cost to connect covers orders taken before 3:00 p.m.weekdays are cost for OT call outs. normally completed by the end of the same business day. Based on 1 hr for 2 $115 $135 $134 employees and 1 truck Same-Da Service: B the end of the same KEC 5/21/2010 H:\AdmShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed l.docm 5 of 6 WATER FEES and CHARGES Charge Description When Applied Proposed Charge Previous Charge Estimated Cost Basis for Charge 7/1/10 7/1/09 (industry stds /typical) calendar day of the ordering being taken. Service orders taken after 3:00 p.m.weekdays or on Saturday will be completed by the end of the day. .econnection fee $50 $30 $26 Fee based on calculated Standard Service: Within 24 Hours of the order cost to reconnect. Ion-pay being taken. Service orders taken before 3:00 Covers cost for OT call p.m.weekdays are normally completed by the outs. end of the same business day. $115 $135 $135 Same-Day Service: By the end of the same calendar day of the ordering being taken. Service orders taken after 3:00 p.m.weekdays or on Saturday will be completed by the end of the day. 4eter Tampering $155 $155 $135 4issed appointment,No Show,No After second occurrence $30 ea $23 ea Calculated cost to cover ccess telephone,fuel,labor and follow up costs 4eter Calibration Charge Customer request meter calibration check is Calculated cost for within meter accuracy according to most recent labor and time to publication of Table 5-3 of the AWWA M6 investigate Manual. Meters up to 2" $100 ea $90 ea $99.54 ea Meters over 2" Material and Labor NA .ustomer requested service Each Occurrence $30 NA $30 To cover labor cost for lvestigation or meter read Valid Service or Metering Issue No Charge investigation 4on Sufficient Funds(NSF)Fee For Non Sufficient Funds on Checks $30 ea $30 ea Industry standard To cover bank,labor and Follow-up costs. Based on industry standard ;harges other than those published Relocations,damages,repeated thawing etc. At cost At cost Fees to cover other costs due to the level of uncertainty and risk EC 5/21/2010 ::WdrnShared\Board Meetings\Board 052510\Water Fees and Charges 2011 Table Proposed Ldoem 6 of 6 i i i i i i ( � I � -� I � �I � � � �, � 1 � J � � . � '� l iJ � l � � � , ! l � l 5 MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT November 23,2010 r . The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. - .t Chairperson Zerkle called the meeting to order at 5:30 p.m. <�jn Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis M. Louney Marilyn Plummer, Tracy Thomas, Cynthia Ward and Sandra Zerkle. Absent: None The Corporate Secretary declared a quorum present. Commissioner Ward led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Plummer seconded by Commissioner DeLuca to approve the minutes of the Regular Board Meeting of September 28, 2010. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. ................... COMMUNICATIONS A Thank you card from the family of Tim Haggart. Received and Place on File -------------------. Regular Board Mtg. November 23,2010 Page 2 of 12 COMMITTEE REPORTS COMMITTEE OF THE WHOLE November 9, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, November 9, 2010. Committee of the Whole Chair Dennis M. Louney called the meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Dennis M. Louney, Frank Lain, Marilyn Plummer, Tracy Thomas, Cynthia Ward and Sandra Zerkle. Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Bossenbery, seconded by Commissioner Lain to approve the Committee of the Whole meeting minutes of September 14, 2010. Action: Carried unanimously. Resolution for the 2011 Board Meeting Schedule Committee of the Whole Chair Dennis M. Louney noted that the Board Meeting date for November 2011 is scheduled a week earlier to accommodate the Thanksgiving Holiday. Motion by Commissioner Zerkle, seconded by Commissioner Thomas,to move the proposed resolution for the 2011 Board Meeting Schedule to the full board for approval. Action: Carried unanimously. New Customers General Manager J. Peter Lark welcomed new Commissioner Cynthia Ward. General Manager Lark stated that the Board of Commissioners has previously been introduced to Chad Taylor, Supervisor for Customer Development and Projects, but since he is one of the key people at the Board of Water and Light(BWL)who helps secure new customer accounts and successfully deals with the competitors he invited him to today's meeting to be acknowledged and thanked for his contributions to important various projects. George Stojic, Executive Director of Strategic Development stated that for many years Chad Taylor has been the interface between the BWL' and its new customers, designing the infrastructure by which they integrate into the system and preparing service agreements for new customer accounts. Regular Board Mtg. November 23,2010 Page 3 of 12 Mr. Stojic stated that most recently Chad has taken a role in making sure that the BWL is the provider of choice for utility services here in the Mid Michigan area. Projects that the BWL has won with the assistance of Chad include Peckham's warehouse on the north side of Lansing,the Lodges of E. Lansing which required a lot of imaginative work on marketing and infrastructure development, and the backup data center for Jackson National Life. Mr. Stojic said that the BWL is fortunate to have skilled people like Chad and fortunate that he is one of the first faces that new customers see when they request service from the Board. Chad Taylor stated that it really is a team effort and that he could not be successful without the great people working along side and with him. Chairman Louney thanked Chad for all of his hard work, efforts and leadership. Biomass Test Burn General Manager Lark announced that a recent biomass test burn took place at the Board's Erickson power plant. Biomass is one renewable fuel source that the Board may rely on to meet its Renewable Portfolio Standard (RPS). Mr. Lark stated that the BWL has reached 5% renewables in only a couple of years and no other utility in the State have been able to accomplish that goal. George Stojic, Executive Director of Strategic Development, provided an update of what the BWL' s goals and status is with respect to renewable energy. Mr. Stojic stated that there were two ways for the BWL to reach a 10% RPS, using either wind or biomass. The Board is focused on the biomass because the wind regime in this area is too weak to make wind an economic choice. He stated that biomass has a couple of advantages for the BWL. First it would allow the Board to leverage its existing generating assets, keeping its rates affordable. Second, it is a reliable source of power. Biomass can be used in two forms. The first is a gas produced from biodigesters. The staff will be searching for opportunities to purchase and use biogas in our new REO Town natural gas Plant. The second form is as a solid. The Board has seven pulverized coal generators here in the Lansing area that could potentially burn solid biomass. Torrified biomass may be available soon and could be usable in the Board's generating units. The biomass test was designed to determine if the torrified biomass will work in existing coal plants. Mr. Stojic said that the Board received a small grant from the state to do.a test burn of biochar, torrified biomass and that test was completed in early September. Mr. Stojic introduced Justin Hill from Project Engineering who has taken the lead on biomass energy at the BWL, including investigating biomass options. Mr. Hill provided a sample of the material that was tested at the Erickson Station and reviewed the results of the test burn. He said there are a lot of positives to this product with emphases on its handling and storage. The test overall went well and is encouraging because the torrified biomass easily passed through a system designed for coal. He also stated that the boiler reacted well. Mr. Hill said there needs to be further and more extensive testing to determine the long-term impact of the material on the precipitators and boiler. He stated that this product is made of wood, which is seen as renewable energy. Regular Board Mtg. November 23,2010 Page 4 of 12 Environmental Compliance Issues General Manager Lark stated over the last year he and his staff have made the Board aware of emerging environmental compliance issues. He stated that existing and new rules being promulgated by the Environmental Protection Agency(EPA) and implemented by the Department of Natural Resources and Environment(DNRE) may require large capital investments to upgrade pollution control equipment. George Stojic, Executive Director of Strategic Development stated this is probably the predominant issue in long range electric energy generation planning today, and it all resolves around the Clean Air Act. Permits Mr. Stojic discussed two types of permits. The first is"Permit to Install" (PTI) and this is required whenever someone wants to construct or modify a major source of emissions. This permit needs to be secured before construction begins on a source and we will need a PTI, prior to beginning construction at the new REO Town plant. This permit requires the new plant to meet several regulations and demonstrate that it will not cause a significant deterioration of the region's air quality. The BWL has successfully met the PTI requirements. The permit request is now open to public comment and a tentative public hearing on the permit has been scheduled for December 6th. The second type of permit is a"Renewable Operating Permit" and must be renewed every 5 years. This permit consolidates all the Clean Air Act Regulations that are applicable to a major source of emissions like our generating unit. The BWL applied for a permit for Erickson in the late spring and received it. The BWL also applied for a permit for the Eckert plant this summer and received a draft permit from the DNRE. During the public comment phase, a consortium of environmental groups opposed the draft permit, asserting that the BWL violated NSR Standards when performing maintenance at the plant and seek a firm retirement date for the Eckert units. Both Consumers Energy and Detroit Edison have experienced similar opposition to their permit applications by these groups. It is unclear at this point how the DNRE intends to reply to these filings. New Source Review In 1977 there was a major amendment to the Clean Air Act that required new emissions sources to install expensive pollution control equipment. The new provision was added as section 114 and was termed New Source Review(NSR). Existing units, like Erickson and Eckert, however, were grandfathered and not required to add the pollution control equipment so long as they perform only routine maintenance and repair and do not increase their potential to emit pollutants. Last August the BWL received a Section 114 information request from the EPA. The EPA is reviewing the BWL's maintenance and repair records to determine if the BWL complied with NSR Standards. The data request includes information from the 1970's and 1980's. New and emerging Regulations Scott McQuiston, Board of Water& Light's Environmental Regulatory Compliance Engineer, described five new environmental rules and regulations that have been proposed or adopted by the EPA. They include the following: i I I � Regular Board Mtg. November 23,2010 Page 5 of 12 • Clean Air Transport Rule, this will target oxides of nitrogen (Nox) and oxides of sulfur (Sox). The BWL will likely be able to meet Sox, standards, but may need additional controls to meet the Nox standards. • Electrical Generation Utility(EGU) Maximum Achievable Control Technology(MACT) which addresses hazardous air pollutants like mercury. Compliance for this will probably require additional controls. • Greenhouse Gas Tailoring Rule, this is a new rule, but the EPA has not yet adopted specific requirements for air permits. • Coal Combustion Residual(CCR), coal ash disposal will need to adhere to one of two designations, either hazardous or non-hazardous. If it is designated as hazardous, it will likely prove to be much more expensive to dispose of. • Clean Water Act 316B, this proposed rule could require closed loop cooling at all power plants. If adopted it may be difficult to meet this requirement at Eckert, since space is limited at the plant. Update on New Plant General Manger Lark introduced Susan Devon, Assistant General Manager and Chief Financial Officer and Project Director for the new Co-generation plant. Ms. Devon provided an update on the following items pertaining to the new REO Town co- generation plant: • Air Quality Permit The final air quality permit is expected in January. • Owner's Representative Reviewed bid evaluations for the Owner's Representative. Six firms presented proposals and they were evaluated based upon experience, proposed methodology, key staff, onsite work proposal, total hours devoted to the project, locations of firm and bid offer price. • Land Purchase Phase II of the land purchase is in process and core samples of the land are at the lab being tested, results are expected in the next couple of weeks. • Natural Gas Pipeline. Ms. Devon stated that the BWL has been working with Consumers Energy in regards to the installation of the natural gas transmission pipeline. She stated that the BWL has had meetings with Consumers Energy one of which the City of Lansing was in attendance, to talk about possible different routes of the pipeline and possibly coordinating the pipeline construction with the City's Combined Sewer Overflow(CSO)work that needs to be done. Cost of this pipeline installation is also being discussed. • Bonding Process The Board of Water& Light is currently working with Bond Advisors. It has been determined that the best time for the Bond Issuance is in June of 2011. A Request for Proposal (RFP) is being prepared to solicit underwrites for the sale of the bonds. • Being a Good Neighbor Ms. Devon stated that BWL has extended a good neighbor invitation to meet with neighbors or anyone affected in the neighborhood regarding concerns or questions about the new plant. Regular Board Mtg. November 23,2010 Page 6 of 12 Annual Report Mark Nixon, Director of Communications, stated that the Annual Report is titled "Powering of the Future". The Annual Report will give a great nod to the Board of Water and Light's 125 year past but will be very much geared towards our community, our people and the future. This Annual Report is a keepsake item and something we can all be proud of. Excused Absence None Other Commissioner Zerkle spoke about the success of the 1st STEP. She said the students are very excited to have been a part of this program and hopes the program can continue. General Manager Lark congratulated Calvin Jones for the success of the 1 st STEP program. He also stated that the BWL recently hired one of the 1st STEP participants. Committee of the Whole Chair Louney thanked Mr. Lark and his Administration for the Chevy Volt Ride and Drive event that took place last week. He stated that he liked being volted. Ad]ourn On Motion by Commissioner Zerkle, seconded by Commissioner Thomas, the meeting adjourned at 6:35 p.m. Respectfully submitted Dennis M. Louney, Chair Committee of the Whole FINANCE COMMITTEE November 9, 2010 The Finance Committee of the Board of Water and Li ght met at the Executive Offices, beginning at 6:50 p.m. on Tuesday, November 9, 2010. Finance Committee Chairperson Margaret Bossenber y called the meeting to order and asked the Secretary to call the roll. The following me mbers were present: Commi ssioners Margaret Bossenbery, Dennis M. Louney, Marilyn Plummer and Tracy Thomas. Alt ernate committee member Commissioner Sandra Zerkle was presen t. Also present were Commissioners Tony DeLuca and Cynthia Ward. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas, seconded by Commissioner Louney to approve the Finance Committee meeting minutes of September 14, 2010. I i Regular Board Mtg. November 23,2010 Page 7 of 12 Action: Carried unanimously. Updated Lineup for 4571401 Plans General Manager J. Peter Lark stated that at the September 2010 Finance Committee meeting the fund offerings in both the Defined Contribution Pension Plan and the Deferred Compensation Plan which are administered by International City Management Association Retirement Corporation (ICMA, RC)was reviewed. William Aldrich, Manager of Financial Planning, stated that the Board of Water& Light is looking at adding 5 more funds to its lineup for the purpose of giving participants additional investment choices. The staff is also reviewing different options for funds that have been underperforming. Mr.Aldrich said that ICMA is currently reviewing the proposed choices to determine the cost of adding the funds to the BWL's lineup. The next step is General Manager Lark's review of recommended changes. If the lineup changes are approved, all participants will be notified and will be allowed to redirect money invested in the replaced funds. Financial Update Resolutions A. Water B. Steam C. Electric D. REO Town Plant General Manager Lark said that Board of Commissioners determined by Resolution a couple of years ago that the Board of Water&Light(BWL) is to operate its four utilities, electric, water, steam and chilled water, in such a way that total return on assets would be 6.18%. In 2000 the Board passed a resolution which also stated that each utility should be self sustaining and not subsidize other utilities. The budget that was approved in May included a five year financial forecast that would provide the opportunity to meet these two goals. Mr. Lark stated the recommendations that he is requesting today are based upon the forecast presented in May. General Manager Lark reviewed the rate recommendations for the water and steam utilities. General Manager Lark also reviewed the recommendations for a new rate for Electric Plug-in Vehicles and rate structure charges to Electric Street Lighting. General Manager Lark asked that the Finance Committee forward the resolution to the full Board for approval. The following motion was proposed. Motion by Commissioner Louney, seconded by Commissioner Thomas to amend the resolution to include a 2% increase in electric utility rates and 5% increase in chilled water utility rates. Action: Motion Carried The Finance Committee requested that the Administration prepare information showing the financial impact of various electric rate increase scenarios in advance of the Board meeting. i I ' i Regular Board Mtg. November 23,2010 Page 8 of 12 Motion by Commissioner Bossenbery, seconded by Commissioner Thomas to approve the amended resolution to set a Public Hearing for rate changes and forward to the full Board for consideration and approval. Action: Motion carried. Finally, General Manager Lark recommended a proposal to preapprove the electric and steam rates necessary to support the cost related to the REO Town Plant. The new rates would not be effective until Fiscal Years 2013-2014. The approval of these rates will show that the revenue stream has been approved to provide for the construction of the new power plant when seeking financing for the plant. Motion by Commissioner Plummer and seconded by Commissioner Louney to forward the proposed resolution to set a Public Hearing for Advanced Approval of Electrical and Steam Rate Increases to support the Addition of New Electric and Steam Generation to the full Board for consideration and approval. Action: Motion carried. Adjourn There being no further business, the meeting adjourned at 7:58 p.m. Respectfully submitted Margaret Bossenbery, Chair Finance Committee FINANCE COMMITTEE November 23, 2010 The Finance Committee of the Board of Water and Li ght met at the Executive Offices, beginning at 5:00 p.m. on Tuesday, November 23, 2010. Finance Committee Chairperson Margaret Bossenber y called the meeting to order and asked the Secretary to call the roll. The following me mbers were present: Commi ssioners Margaret Bossenbery, Dennis M. Louney, Marilyn Plummer and Tracy Thomas.Alt ernate committee member Commissioner Sandra Zerkle was presen t. Also present were Commissioners Tony DeLuca and Cynthia Ward. Absent: None. Public Comments There were no public comments. Public Hearing for 2011 Electric Rate Increases Resolution The Administration presented the Finance Committee with various financial impact electric rate increase scenarios, as requested by the Committee at the November 9, 2010 meeting. Adiourn There being no further business, the meeting adjourned at 5:20 p.m. 1 1 f Regular Board Mtg. November 23,2010 Page 9 of 12 Respectfully submitted Margaret Bossenbery, Chair Finance Committee MANAGER'S RECOMMENDATIONS RESOLUTION#2010-11 01 Public Hearing for 2011 Rate Adjustments WHEREAS, the Corporate Financial Targets for each of the Lansing Board of Water and Light's Strategic business units is 6.18% return on net fixed assets and materials and supplies that would require$17.7 million of electric net income, $12.0 million of water net income, $1.6 million of steam net income and $1.7 million of chilled water net income; and WHEREAS,the proposed Fiscal Year 2011 budget with the proposed rate adjustments would result in electric operating income of$10.3 million or a 3.18% return on fixed assets and materials and supplies; and WHEREAS, the proposed Fiscal Year 2011 budget with the proposed rate adjustments would result in a water operating loss of$3.6 million or a negative 1.84% return on fixed assets and materials and supplies; and WHEREAS, the proposed Fiscal Year 2011 budget with the proposed rate adjustments would result in a steam operating loss of$3.4 million or a negative 13.20% return on fixed assets and materials and supplies; and WHEREAS,the proposed Fiscal Year 2011 budget with the proposed rate adjustments would result in chilled water operating income of$1.3 million or a 4.75% return on fixed assets; and WHEREAS, the Staff proposes to increase annual electric billings by$2.7 million, water billings by $2.5 million, steam billings by$0.7 million and chilled water billings by$0.2 million; and WHEREAS, the Staff proposes a new electric rate for residential customers with separately metered Electric Vehicle Supply Equipment.This rate would allow a discounted rate for off-peak power used to charge electric vehicles; and WHEREAS,the current Electric Street Lighting flat rate structure does not allow flexibility for billing for various lamp types requested by customers nor does it allow for the recognition of advanced payments for capital costs; and WHEREAS, the Staff proposes to restructure the street lighting rates to bill for energy, transmission and distribution, and lamp maintenance through a per Watt annual charge and to bill for the facilities on a contract by contract basis; and WHEREAS, the Staff proposes to close the current street lighting rates to new contracts and to continue to bill current contracts under the current street lighting rate schedules; and WHEREAS, the proposed rate adjustments will not take effect until March 1, 2011. RESOLVED, the proposed rate adjustments will be subject to further consideration after a public hearing is held. I Regular Board Mtg. November 23,2010 Page 10 of 12 FURTHER RESOLVED, that the Finance Committee hereby sets the date of January 20, 2011 at 5:30 PM for a public hearing to solicit public input on the proposed rate adjustments. The hearing will be held in the Board of Water and Light offices, 1232 Haco Drive, Lansing.The Corporate Secretary is directed to file with the City Clerk no later than December 06, 2010 information regarding proposed rate adjustments with an effective date of March 1, 2011. Motion by Commissioner Plummer, seconded by Commissioner DeLuca, to approve this resolution to set the Public Hearing for January 20, 2011 at 5:30 p.m. to solicit input on the proposed rate adjustments with an effective date of March 1, 2011. Action: Carried unanimously RESOLUTIONS#2010 ffi,, Public Hearing for Advance Approval of Electric and Steam Rate Increases to Support the Addition of New Electric and Steam Generation WHEREAS,the BWL annually supplies 800,000 Mlbs of steam to 225 customers with four coal- fired boilers for heating and supply of hot water; and WHEREAS, steam production facilities are over 55 years old and it is estimated that it will cost $67-139 million to attempt to keep the steam production facility operational; and WHEREAS, BWL Staff evaluated several options for supplying steam and found that a new natural gas combined cycle co-generation power and steam plant is the least costly option resulting in the lowest long-term rates for steam customers; and WHEREAS, the proposed natural gas combined cycle cogeneration power and steam plant will preserve and enhance BWL's electric reliability; and WHEREAS, the BWL Staff expects to issue approximately$250 million in Revenue Bonds to finance the construction of the new Power and Steam Plant; and WHEREAS, The BWL Staff wishes to maintain its current credit ratings so as to be able to issue this new debt at the lowest possible rate; and WHEREAS, the expected Electric and Steam annual revenue requirements for the proposed plant are$19.3 million and $0.2 million respectively; and WHEREAS, the BWL Staff, in its effort to maintain its current bond ratings, proposes that the Board preapprove Electric and Steam Utility rate increases associated with the new plant to be effective in Fiscal Years 2013 and, 2014; and WHEREAS, the proposed electric rate adjustment would increase annual electric billings by$7.7 million and $8.2 million respectively and the proposed steam rate adjustment would increase annual steam billing by$0.2 million; and WHEREAS, the proposed electric rate adjustments will take effect on October 1, 2012 and October 1, 2013 and the proposed steam rate adjustments will take effect on October 1, 2012. RESOLVED, the proposed rate adjustments will be subject to further consideration after a public hearing is held. I I t j Regular Board Mtg. November 23,2010 Page 11 of 12 FURTHER RESOLVED, that the Finance Committee hereby sets the date of January 20, 2011 at 5:30 PM for a public hearing to solicit public input on the proposed rate adjustments. The hearing will be held in the Board of Water and Light offices, 1232 Haco Drive, Lansing. The Corporate Secretary is directed to file with the City Clerk no later than December 06, 2010 information regarding proposed rate adjustments with effective dates of October 1, 2012 and October 1, 2013. Motion by Commissioner Bossenbery,seconded by Commissioner Ward, to approve this resolution to set the Public Hearing for January 20, 2011 at 5:30 p.m.to solicit input on the proposed rate adjustments with effective dates of October 1, 2012 and October 1, 2013. Action: Carried unanimously UNFINISHED BUSINESS There was no Unfinished Business NEW BUSINESS There was no New Business RESOLUTIONS RESOLUTON 2 Q BOARD MEETING SCHEDULE In accordance with the Board's Rules of Administrative Procedure, a schedule of dates, places, and times for each regular meeting of the Board of Commissioners for the calendar year shall be adopted in November. RESOLVED, That regular meetings of the Board of Water& Light's Board of Commissioners are hereby set for calendar year 2011 as follows, unless otherwise notified or as a result of date conflicts with rescheduled City Council meetings: 2011 Tuesday January 25 Tuesday March 22 Tuesday May 24 Tuesday July 26 Tuesday September 27 Tuesday November 15 Meetings will be held in the Board Room located in the Board of Water and Light Customer Service Center, 1232 Haco Drive, Lansing, at 5:30 p.m. RESOLVED.FURTHER, That a notice of the meeting schedule be published in the Lansing City Pulse the week of January 2, 2011. -------------- Motion by Commissioner Lain, seconded by Commissioner DeLuca to approve the Board of Water & Light's Board of Commissioners 2011 Board Meeting date schedule. Action: Carried unanimously I I I ! i Regular Board Mtg. November 23,2010 Page 12 of 12 MANAGER'S REMARKS General Manager Lark said that he felt that is was important that the Board be made aware of the generosity of the Board of Water& Light employees. He reported that Board of Water&Light employees collected $231.50 at a charity cook out in which the money was donated to the Lansing City Rescue Mission. He also reported that donations and a recent food drive to benefit the Greater Lansing Food Bank resulted in the collection of 3,480 pounds of food and $1,557.35 in cash donations. General Manager Lark stated that the recent '26th Annual Silver Bells was the best ever and by far the smoothest operation of the event. He thanked Calvin Jones on his leadership for the"Silver Bells" event as well as all the Board of Water&Light employees who pulled together and did a great job. COMMISSIONERS' REMARKS Chair Zerkle stated that she agreed with General Manager Lark regarding the success of the "Silver Bells"event and there has been nothing but good comments regarding the event. Chair Zerkle welcomed new Board member Cynthia Ward. Commissioner Thomas said that he attended the"Silver Bells' event and it was very nice. He also spoke about the great job that General Manager Lark did in presenting his ceremonial comments at the "Silver Bells"event. Commissioner Thomas thanked Calvin Jones for giving him and Commissioner Bossenbery the Red Carpet treatment at the "Silver Bells"event. He said that"Silver Bells"was powerful. He thanked General Manager Lark and the Board of Water&Light for the opportunity to drive the Volt electric car and for allowing him to be"Volted". He welcomed the new Commissioner. Commissioner Plummer welcomed new Commissioner Cynthia Ward. She thanked General Manager Lark for sharing and informing the Board of Commissioners'of the generosity of the Board of Water&Light's employees. EXCUSED ABSENCE None PUBLIC COMMENTS There was no Public Comment ADJOURNMENT On motion by Commissioner Lain, seconded by Commissioner Plummer the meeting adjourned at 5:58 p.m. M.Denise Griffin,Corporate Secretary Preliminary Minutes fled with Lansing City Clerk on December 6,2010 Final Approved Minutes fled with Lansing City Clerk on January 28,2011 Approved on 11-23-10 MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT September 28, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairperson Zerkle called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney Marilyn Plummer and Sandra Zerkle. Absent: Commissioner Tracy Thomas The Corporate Secretary declared a quorum present. Commissioner Plummer led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Plummer seconded by Commissioner Bossenbery to approve the minutes of the Regular Board Meeting of July 27, 2010. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. ------------------- COMMUNICATIONS Thank you card from former Board of Water& Light's Executive Secretary Beverly Bishop. Received and Place on File -------------------- Regular Board Mtg. September 28,2010 Page 2 of 18 COMMITTEE REPORTS COMMITTEE OF THE WHOLE August 10, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, August 10, 2010. Committee of the Whole Chair Louney called the meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Tony DeLuca, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioners Frank Lain and Margaret Bossenbery Public Comments There were no public comments. Approval of Minutes Motion by Commissioner DeLuca seconded by Commissioner Thomas to approve the Committee of the Whole meeting minutes of July 13, 2010. Action: Carried unanimously. Senior Citizens Late Fees (previously tabled) (Information Only) Committee of the Whole Chair Dennis Louney stated that this item regarding senior citizens late fees was discussed at a previous meeting. General Manager J. Peter Lark stated that at a previous meeting there was discussion regarding waiving senior citizen late fees at which the Board asked staff to look into the matter of matching up bill due dates with the distribution of senior citizens' monthly income. Assistant General Manager and Chief Financial Officer Susan Devon stated that at a previous Committee of the Whole meeting there was some discussion regarding changing billing dates and due dates to accommodate seniors. At that meeting Ms. Devon stated that the changes would require some Information and Technology (IT) work and the cost was unknown. Ms. Devon spoke with IT regarding the suggested accommodations and found that these changes or adjustments could be done. So if senior citizens wants to adjust their due date, it can be done taking into consideration that the adjustment can not go past the next billing due date. Also the due date can be adjusted by changing the date the bill is sent out. These adjustment methods are already in place. Commissioner Zerkle questioned if this information could be put in the monthly newsletter. Regular Board Mtg. September 28,2010 Page 3 of 18 In response to Commissioner Zerkle's question, General Manager Lark stated this information could be put in the newsletter since he does not expect this to become an overwhelming request which would impose an overload of work on the IT Department. General Manager Lark stated that if this does become an overload, he would come back to the Board and review this matter again. Update on Social Media (Information Only) Mark Nixon, Director of Communications, provided an update on social media. Mark Nixon stated that the Board of Water & Light (BWL) is tweeting on Twitter and will continue to do so. He stated that Twitter seems to be a more positive social media than Facebook and that the BWL has more than 300 Twitter followers. This social media is good for the BWL to get their message out and to understand the flow of the community conversation. Facebook is used almost exclusively for marketing the Chili Cook-Off event. Mr. Nixon stated that the Board of Water & Light's web site (Intranet and Internet) may not be considered a social media, but is very important technically and it is constantly evolving. In addition, General Manager Lark's videocast has become popular and that is a great way to interact with over 700 people. The new social media for Lansing residents is the SeeClickFix, which is a texting service that allows any customer the ability to report to the Board of Water & Light any non-emergency utility issue that needs attention. _Update on Smart Grid (Information Only) Doug Wood, Executive Director of Electrical Operations provided an update on Smart Grid. Doug Wood stated that Smart Grid is kind of a continuum ranging from Automatic Meter Reading (AMR) to a complete total monitoring, communication and control of the Transmission and Distribution (T&D) System. Mr. Wood stated that the Board of Water & Light is not on the cutting edge, but not at the starting point either. Board of Water & Light's management has positioned itself well given where the industry is with this technology and the early lessons learned. Smart Grid upside: • The ability to know when someone does or does not have power • Consumer utility cost savings using time-of-day rates • Overall energy saving by optimizing the utility grid Smart Grid downside: • Infrastructure cost is extremely expensive, even with matching funds Changing technology with a lack of standards Time-of-day rates can be very expensive for low income customers • Customer acceptance Regular Board Mtg. September 28,2010 Page 4 of 18 One of the biggest questions at this point is technology and standards. There are a lot of technology choices on the market for Smart Grid, most of which are proprietary. The Board of Water & Light's approach has been more holistic. The Board of Water & Light has several needs such as electric, water and mobile workstations. With the rapidly changing technology and the significant cost, we do not want to move into something too quickly. Mr. Wood stated that the Board of Water & Light will continue to keep a close eye on Smart Grid developments and evaluate opportunities that will not hamper long term solutions. Completed Tasks in preparation for Smart Grid: • Formed a task force of employees who evaluate AMI • Development in Meridian Township called Lodges which will be prepped for smart meters. (Student Housing) • Installed advanced T&D equipment at substations in preparation for Smart Grid Mr. Wood said they plan on getting other municipal agencies and the school district involved to see if there are any opportunities there. He said that the Michigan Public Service Commission will be facilitating a Smart Grid forum for Michigan utilities and the Board of Water & Light plans to attend. Update on Plug-In Stations (Information Only) Kellee Christensen, Manager of Customer Project and Development and Marketing, said that the Board of Water& Light is looking to deploy about 25 electric vehicles in the community. Ms. Christensen stated that the main focus is to remove the barriers for people both purchasing and using the vehicles. The Board is planning to match a $7500 tax incentive if the Volt is purchased on the Board's program. Ms. Christensen stated that the Board of Water& Light and other groups went to Building Code Commission and asked them if they would consider changing the code to allow for charging stations at home. They approved the request and got a code change in a matter of 3 weeks, which usually takes 2 years. The new code should be effective in January. This code change will eliminate about 30- 40% of cost for a resident. The Board of Water & Light is starting to write a service agreement and developing a marketing plan to be launched in the Fall. The Volts are scheduled to arrive in December. Update on MSU (Information Only) General Manager Lark stated that the Board of Water& Light will be responding to an RFP to serve MSU's proposed FRIB. Regular Board Mtg. September 28,2010 Page 5 of 18 Amend Ener O timization Filing (Information OnIYI lity in our er Lark stated that we wanted a littlepesent notice Ito our Board angd General Manager Optimization plan and under Act 295 we have to we have to offer a public comment period. and Business Strategies stated because of Sue Warren, Manager of Marketing ht's Energy Optimization Programs there the success of the Board of Water & Lig sign commercial and er waiting list. With the way our programs were designed there were several is a w 9 rams for our we programs under residential and several a full portfolio of grog is continue to add more. In 2011 we g rams and it would customers. What we have found in the last year for the programs a programs cu that it would be easier for our customers p around between programs. be more flexible for us to be able to move funding fission for this amendment Due to PSC's rules we have to get approval and perm as it is reasonable and prudent it will be approved and the and as long ted by January 2011. amendment should be implemen . loners have been General Manager Lark stated that now that the and miss wi I ask for comments Gene posted on our Web s informed, notice will be p from our cus tomers After customer comment has closed, we will make a filing with the Public Service Commission. Other er Lark provided an update on the recent fire at the did serious ckert General Manager and running Station. He stated that the{ofWe . cooling tower#2 should be up damage to the #2 cooling within the next week or so. n social event Lark stated that there will be aeo quest ons and inform 4:00-7:00 p.m. on Sep m General Manager September 16, 2010 to answerY residents about the new cogeneration plant. At the request of the Manager, Susan Devon, Project Manager of the al Reo Town Plant, provided the following updates: Mr. Stojic and Mr. Pei attended the City of -On August 4, 2010 Ms. Devon, After presenting the Planning Board with a Lansing's Planning Board meeting. the various uses of the buildings and the proposed oard took a video and detailing the heatand power plant.to be built, the Planning-Light Industrial. technology desgnated land use was H vote and agreed that the proposed 2010 the Board of Water & Light published the Bond notice in the -On August 4,City Pulse and the referendum period is running. 3 2010, Mr. Stojic, Executive Director ofStrrategic f Natural Planning ceand s -On Friday July 2 with the Departm made a filling plant. The goal is to get. his environmental group for the Air permit for the new p a and Environment (DNRe end of the year. ruling from DNRE by Regular Board Mtg. September 28,2010 Page 6 of 18 -On Friday August 6, 2010 the Board of Water & Light issued a Request for Proposal (RFP) for an owner's representative that will work with the Board on the building of the plant. The owner's representative will work with the Board's project team. The owners representative will help prepare all other RFP's which include architect firm, engineering firm, designing firm and construction firm. Commissioner Louney thanked the staff for a great picnic and great camaraderie. Excused Absence On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse Commissioners Bossenbery and Lain from today's meeting. Action: Carried unanimously. Adiourn On Motion by Commissioner Thomas, seconded by Commissioner Plummer, the meeting adjourned at 6:40 p.m. Respectfully submitted Dennis Louney, Chair Committee of the Whole FINANCE COMMITTEE September 14, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 6:00 p.m. on Tuesday, September 14, 2010. Finance Committee Chairperson Margaret Bossenbery called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Margaret Bossenbery, Dennis Louney, Marilyn Plummer and Tracy Thomas. Alternate committee members Frank Lain and Sandra Zerkle were present. Also present was Board member Tony DeLuca. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve the Finance Committee meeting minutes of July 13, 2010. Action: Carried unanimously. FY 2010 Audited Financial Statements — Plante Moran General Manager J. Peter Lark introduced Douglas Rober, Managing Partner with Plante & Moran (P&M). General Manager Lark thanked Board of Water & Regular Board Mtg. September 28,2010 Page 7 of 18 Light's Gennie Eva, Manager of Financial Services and Miriam Mattison, Accounting Supervisor who worked closely with Plante & Moran. Douglas Rober, Managing Partner with Plante & Moran (P&M) stated that P&M was appreciative of the opportunity to be of service to the Board of Water & Light. Mr. Rober introduced Shaun Krick, CPA Associate and Shaun Tanner, CPA of P&M. Shaun Krick, CPA Associate with P&M, reviewed the audit process of the financial statements of the Enterprise Fund and Pension Fiduciary Funds of the Board of Water and Light (BWL) for fiscal year ending 2010. Mr. Krick stated that there were no significant difficulties with management and there were no corrected or uncorrected misstatement and there were no other significant findings during the audit. In addition to the Audit Reports also provided were: • Internal Control over Financial Reporting • Results of the Audit • Other Recommendations • Additional Information Operating Revenue — Four-year Comparison Years Ended June 30 Shaun Krick, CPA Associate with Plante Moran stated that revenues were just under $274 million in the current year compared to last year at about $262 million. This is an increase of about 4.5% and the electric utility is responsible for that increase. Electric remains the largest utility generating the most revenue and it had an increase of approximately 5.5% for $12 Million over the last year. There was an increase in demand and there were 209 more kilowatt hours sold and two different rate increases that had an effect in this year. Operating Expenses - Four-near Comparison Years Ended June 30 Mr. Krick stated that Operating Expenses were just under $260 Million in the current year which is less than 1% increase over the prior year. The largest portion of total expenses is related to Production. Operating Income (Loss) Years Ended June 30 Mr. Krick stated both electric and chilled water have been operating at a slight profit. Steam has lost several customers over the last few years attributing to the loss. Sales Source of Kilowatt Hours Generated Years Ended June 30 Mr. Krick stated that of the 3.2 Billion kilowatt hours sold, 1/3 were sold for Re- Sale or to MPPA and the remaining 2/3 were sold to retail customers. This is consistent with operations of the past several years. Significant Power Costs Year Ended June 30 Mr. Krick stated that there was approximately $116 Million in power costs. Regular Board Mtg. September 28,2010 Page 8 of 18 Bond Debt Service Requirements Year Ended June 30 Mr. Krick stated that this particular graph looks at debt service requirements on bonds that the Board of Water & Light has issued for the current year and the next five years barring any changes. The Co-Generation Plant is projected at a $182 million project and the finance portion of that will have a direct impact on future numbers. Shaun Tanner, CPA reviewed the management letter comments that Plante & Moran felt were noteworthy. He said as part of their audit they are required to paint an understanding of the accounting procedures and controls that are in place for the financial reporting process. He stated that they use the understanding to tailor their auditing approach and then focus on testing areas of higher risk for material misstatements due to deficiencies in procedures and controls surround the reporting and accounting process. Mr. Tanner stated that they did not find any areas where significant lack of necessary controls existed. However there were a couple of areas that he felt current control procedures could be strengthened and those comments are included in the management comment letters. A complete copy of the Plant Moran's Presentation to the Finance Committee regarding the Audited Financial Statements &findings is on file in the Corporate Secretary's office. Resolution for Revised Investment Policy for Defined Contribution Plan General Manager Lark stated the resolution before the Board is the last of the series of investment policies. He stated that in the past the DB, VEBA and Cash Policies have all been updated and this resolution will allow the Defined Contribution Plan to be updated as well. By updating this policy it will make everything more concise. On motion by Commissioner Louney, seconded by Commissioner Thomas, to move the proposed resolution for the Adoption of Revised Lansing Board of Water & Light Employees' Defined Contribution Plan Investment Policy Statement to the full board for consideration and approval. Internal Audit Status Report Internal Auditor Phil perkins presented a brief overview of the Risk Investment activities that he has been involved in over the last few months. Mr. Perkins also reviewed the Internal Auditors plans for the remainder of fiscal year 2011. Current Risk Assessment Activities include: • Expenditures & AP Risk Assessment (75% completed) • Inventory Accounts Risk Assessment(50% completed) Planned Activities for remainder of FY 2011 included: • Equity Accounts Risk Assessment • Other Financial Risk Assessments • Potential Audits • Internal Quality Assessment Review Regular Board Mtg. September 28,2010 Page 9 of 18 Other Finance Chair Bossenbery stated regarding the upcoming NAACP Dinner, the Board of Commissioners will purchase a '/2 page Advertisement and a table of 8 for the Commissioners, any additional tickets will cost $50.00. There being no further business, the meeting adjourned at 6:35 p.m. Respectfully submitted Margaret Bossenbery, Chair Finance Committee COMMITTEE OF THE WHOLE September 14, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, September 14, 2010. Committee of the Whole Chair Louney called the meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas seconded by Commissioner Plummer to approve the Committee of the Whole meeting minutes of August 10, 2010. Action: Carried unanimously. Reith-Riley Easement Modification General Manager J. Peter Lark stated that this request by Reith-Riley is to expand their easement in the vicinity of the Erickson Plant. In 1971 the Board of Water & Light purchased land from Reith-Riley in order to obtain needed water to finish construction of the Erickson Plant. Reith-Riley retained an easement because it wanted to construct a rail spur in the future and that time has come. Reith-Riley will pay the Board of Water & Light in excess of$60,000 for the easement. General Manager Lark asked that this resolution be referred to the Board for approval. Motion by Commissioner Zerkle, seconded by Commissioner DeLuca, to move the proposed resolution for the Board of Water & Light Easement Grant to Reith- Riley to the full board for consideration and approval. Action: Carried unanimously Regular Board Mtg. September 28,2010 Page 10 of 18 Other Update on the Chevrolet Volt General Manager Lark said that he participated in the State Capital roll out of the Chevrolet Volt along with the Governor and the Mayor. Kellee Christensen, Manager of Customer Projects and Development and Marketing, stated that today was the public relations launch for the Chevrolet Volt electric car in Michigan. Today officials and legislators were given an opportunity to ride and drive the new vehicle. Kellee Christensen, stated that the Board of Water & Light's web page has a link that provides information and highlights of our program. For residential customers there is a federal tax incentive for up to $7500.00 and the Board of Water & Light is also offering a $7500.00 incentive. Attached to being a recipient of the incentive there is a 3 year commitment of gathering and logging information. This allows for the collection of research and data off the charging stations. Board of Water & Light has an agreement with GM that allows the use of non-proprietary data off of the Volt to see where and when charging stations are being used in our service areas. Each car will be logoed on the back quarter panel and on the rear of the car. Everyone who drives a Volt will be provided educational information for distribution. Traverse City Purchase Power Agreement General Manager Lark stated that today he signed Purchase Power Agreements with Traverse City Light and Power that will provide approximately 50 megawatts of power to Traverse City annually. General Manager Lark introduced George Stojic, Executive Director of Strategic Planning who provided an overview of the agreements. New Accounts General Manager Lark stated that the BWL landed the development in Meridian Township called Lodges, which is a Student Housing unit. Under the agreement with the Lodges Board of Water & Light will provide electricity for both heating and cooling. As well as landing the Lodges contract, George Stojic stated that the Board of Water & Light landed the Peckham warehouse account. On Motion by Commissioner Bossenbery, seconded by Commissioner Plummer, the meeting adjourned at 5:55 p.m. Respectfully submitted Dennis Louney, Chair Committee of the Whole Regular Board Mtg. September 28,2010 Page 11 of 18 i MINUTES BOARD OF WATER AND LIGHT PENSION FUND TRUSTEES' ANNUAL MEETING Tuesday, September 14, 2010 Present: Trustees Margaret Bossenbery, Tony DeLuca, Frank Lain, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Staff Present: General Manager J. Peter Lark, Assistant General Manager and Chief Financial Officer Susan Devon, Director of Internal Audit Phil Perkins, Manager of Finance and Planning Bill Aldrich, Marilyn Montgomery, Senior Treasury Analyst, Scott Taylor, CPA, CTP, Supervisor, Treasury & Budgeting, Executive Financial Assistant Heidi Myers and Corporate Secretary M. Denise Griffin. Consultants Present: From Merrill Lynch: Michael Muirhead Associate Financial Advisor. From ICMA: Linda Brooks, Sandra Rouse- Thames and John McCann The Secretary declared a quorum. Chairperson Zerkle called the meeting to order at 6:35 p.m. On Motion by Trustee DeLuca and Seconded by Trustee Bossenbery to approve the minutes of November 12, 2009 Pension Fund Trustees' Annual Meeting Minutes. Action: Motion Carried Public Comments There were no public comments. Pension Plan Performance Reviews General Manager J. Peter Lark introduced Susan Devon, Assistant General Manager and Chief Financial Officer. Ms. Devon, Assistant General Manager and Chief Financial Officer provided an overview of the different Pension Plans. She stated that the packet the Board received is broken down into plan areas, the Defined Benefit Plan, the Defined Contribution Plan and the Post Retirement Benefit Plan. Each of the sections in the packet includes general information consisting of the Plan and Trust documents, the Audited Financial Statements, the Actuarial Study Report, the Investment Policy Statement for each Plan and the Investment Results. Defined Benefit Plan Regular Board Mtg. September 28,2010 Page 12 of 18 Demographics Executive Financial Assistant Heidi Myers provided the following demographics for the Defined Benefit Plan. The Defined Benefit (DB) Plan was closed to new employees hired after December 31, 1996. There are currently 471 retirees and beneficiaries, 13 terminated employees with vested benefits and 41 current employees in this plan for a total of 525 Plan participants. There were 9 total retirees with DB benefits during 2010. The DB plan experienced a drop of 20 participants from the last year due to the death of 15 retirees not having beneficiaries, and 5 new retirees in 2010 elected to receive lump sum payments opposed to the ongoing benefits. There are 41 DB active employees with an average age of 56 and an average of 27 years of service. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated with respect to the DB Fund Performance: The BWL contributed $2.1 million to the DB Plan in FY2010. We had no contribution in 2009. There was a $2.7 million increase in benefit payments to retirees out of the plan compared to 2009. This was largely a result of $3.1 million payouts to the 5 retirees that took lump sum payments. Payouts ranged from a high of $981,000 to $425,000. Ms. Devon stated that there was a major improvement in our fund investment income. $9 million in earnings this year compared to a loss of$26 million last year. This favorable change is due to a partial market recovery. Plan assets after considering investment income, plan contributions and benefit payments that were paid out were unchanged from 2009 at $73.3 million. With a recent update the value has gone up to $76 million. Based on our actuarial report the funded ration for the DB plan was 104% meaning our assets exceed our liabilities by 4%, in 2009 the funded ration was 77%. Investment Return: Susan Devon, Assistant General Manager and Chief Financial Officer stated regarding the investment returns for the 2010 fiscal year; the BWL earned an 11.9% overall return on invested funds in the DB plan. That does compare somewhat unfavorably to our benchmark by about 1.4% lower than the 13.3% benchmark return. The benchmark return is based upon the composite return of several stock and bond indices over the 2010 fiscal year, and it is one of the Regular Board Mtg. September 28,2010 page 13 of 18 measures that we have that will tell usbenchmark. o c we are hmark doing in our individually managed funds as compared to each Our top performing manager was MetWest u{set Management, one of our erforming the benchmark return income managers, with a return of 18.6%, outperforming by 9.1%. Our worst performing manager was Edg3 2%°d underperforming anagement, one of our large erperforming by 16 8% cap growth managers, with a return o compared to the benchmark return. ng We will continue to evaluate Edgewood and meetrthedlong t�m flu d performance assure that they remain the best choices goals of the Board of Water & Light. Ms. Devon said also in the DB Plan there are two calledivate Capital equity investments and Access t were made in the 1990 s. The investments Bidco and they were put together under the Michigan Bidco Act in 1991. The Board of Water & Light invested $500,000 in each. The CENowt they areptryingaital idto�oise off d not dthe very well and was written off some time ago. 600 as our Capital Bidco Investment and we received a istildl available check r Weom heturnem oed that money to share of the investment cash that fund. In the Pension Fund for reinvestment.We a e going ess Bidco sit ithis tiout for tghe next few January the fund hired a manager. quarters and hopefully we will be able to report some improvements. Defined Contribution: Demographics Heidi Myers provided the following demographics Executive Financial Assistant for the Defined Contribution Plan. This plan was established in 1997 as a rep to r switch to the theDi new DC plan,ned Plan. At that time, 602 active employees elected resulting in a transfer of $75 million to the new plan. There are currently 900 participant ra in nge inalan ge from including nder 35 to over 65 a employees. While active participants9 majority are between the ages of 46 and 55. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated the following regarding the DC Fund Performance: While we determine what funds will be available for our employees to invest in, they actually make the determination themselves t g to iiuh ones pith it was y want to put their money in. In looking at all of our participant's value of their assets increased to $115 million in FY 2010, Regular Board Mtg. September 28,2010 Page 14 of 18 $102 million in 2009. There was also an increase in investment income going from a loss of $18 million in 2009 to a gain of$12 million in 2010. The BWL contributed $5.5 million to employee accounts during FY 2010 and that is up from 5.2 million in FY 2009. We are in the process of reviewing the DC plan fund lineup to potentially add new investment options and delete duplicate funds and underperforming funds. ICMA continues to spend a lot of time and effort in education and communication for DC plan participants to help them make educated investing decisions. ICMA has committed to weekly meetings either individual or group for the remainder of this fiscal year. Our employees can obtain information regarding their accounts in a number of ways such as: Individual Meetings with ICMA Representatives, Group Meetings, Internet and a call center. Post-Retirement Plan Demographics Executive Financial Assistant Heidi Myers provided the following demographics for the Post Retirement Plan. At the end of February 2010 there were a total of 1,781 participants in the post retirement benefit plan, of which 718 were active employees. This plan began the year with 1,800 participants. The decrease in participation by 19 is due to increases and decreases in participation. Participation was increased by 13 spouses who enrolled due to retirements, and 37 new entrants. Participation decreased by 42 deaths, 23 non-vested terminations and 4 enrollment changes. There are 1,063 inactive participants comprised of 92 disabled, 434 retirees, 382 spouses, and 155 surviving spouses. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated the following regarding the Post Retirement Plan Fund Performance: Consistent with the DB and DC plan investment income improved over 2009. The Post-Retirement Plan had $6 million in investment income compared to the $12 million loss last year. The BWL made contributions of $11.6 million to the plan in FY10. Plan assets rose from $59.8 million at June 30, 2010 to $77.4 million for a net increase of $17.6 million. Regular Board Mtg. September 28,2010 Page 15 of 18 The funded ration for the post-retirement plan was 18% in 2009 and this year is 30%. With respect to the VEBA Investm invested funds in the DB plan. This retent Return compares unfavorably s a 10.8% overall return n unfavorably at 2 7% lower than the 13.5% benchmark return. We continue to watch the investments closely. lly asks that the Board approve the proposed General Manager Lark respectfu resolution that will allow these doc tents he ton bf leiled with the Corporate Secretary to be received and placed them RESOLUTION A CCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS PENS ON PLAN AND BENEFIT PENSIOT PLAN VEBA ED CONTRIBU RETIREE iENE Resolved, that the Corporate Secretary receive and place on Be Benefit Pension repoets prthe esented efined Benefit, Defined Contribution, and Retiree during the Pension Trustee Meeting_ -- ---- --- - - Staff comments: All three Plans received clean audit reports. -------------------- Moved by Trustee Thomas, seconded by Trustee Bossenbery, to approve the proposed resolution. Action: Carried Unanimously On Motion by Trustee Thomas and Seconded by Trustee Bossenbery to excuse Trustee Louney from today's meeting. Action: Motion Carried On Motion by Trustee Lain and Seconded by Trustee Plummer with no further business the Pension Fund Trustees meeting adjourned at 7:00 p.m. Action: Motion Carried Submitted by: M. Denise Griffin Corporate Secretary Regular Board Mtg. September 28,2010 Page 16 of 18 MANAGER'S RECOMMENDATIONS RESOLUTION #2010-09-01 BWL EASEMENT GRANT TO REITH-REILEY RESOLVED, The Board of Commissioners hereby approves the grant of an easement to Rieth-Riley Construction Co. Inc., to construct, operate, maintain, and improve a railroad spur to Rieth-Riley's property and for no other use. -------------------- Staff Comments: On November 23, 1971, the Lansin Board build aWaterail sdpugon aht ranted portion of BWL ieth- Riley Construction Co. Inc., an easement property in Delta Township, Eaton County, Michigan. The purpose of this grant was � the e Bwould nowL could flnish construction on l'ke a new easement for a more Erickson Plant. However, Riet Y specific and slightly larger area. Thi�a maintenance and impro easement would bement of the e for the nail fic purpose of construction, operation, spur, as illustrated in attachment A. Staff recommends the easement grant r considerationf$the BWLes staff and contingent upon mutually acceptable to asapproved attorney. -------------------- ssioner Motion by Commissioner DeLuca, seconded omon l Co. Incorporated to approve the easement grant to Reith-Rile Y Contsr Action: Carried Unanimously RESOLUTION #2010-09-02 ADOPTION OF REVISED LANSING BOARD OF WATER AND LIGHT " DEFINED EMPLO EES INVESTMENT POL COYNSTAITEMEONTPLAN es to WHEREAS, the Lansing Board of Water and Light policy Statement se the Defined Contribution Pension Plan Funding Investment RESOLVED, that the Lansing Board of Water dt rescind the Fund Funding Policy olution dated December 15, 2005 establishing pre-existing Statement, and FURTHER RESOLVED, that the attchdInvestment Defined Contribution Penson Plan Lansing Board of Water and Light Employees' dated September 14, 2010 be adopted. Regular Board Mtg. September 28,2010 Page 17 of 18 --------------------- Staff Comments: The existing Investment Policy Statement is being revised to provide a document that is more concise as well as more reflective of current investment philosophy and terminology. The document provides appropriate guidance for the selection of funds. Motion by Commissioner Bossenbery, seconded by Commissioner Louney to approve the adoption of the revised Defined Contribution Pension Plan Funding Investment Policy Statement. Action: Carried Unanimously RESOLUTION #2010-09-03 ACCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS FOR THE DEFINED BENEFIT PLAN DEFINED CONTRIBUTION PENSION PLAN, AND RETIREE BENEFIT PLAN (VEBA) Resolved, that the Corporate Secretary received and placed on file the Defined Benefit, Defined Contribution, and Retiree Benefit Pension reports presented during the Pension Trustee Meeting. ---------------------------------- Staff comments: All three Plans received clean audit reports. Motion by Commissioner Lain, seconded by Commissioner DeLuca for the acceptance of the Fiscal Year 2010 Audited Financial Statements for the Defined Benefit Plan, Defined Contribution Pension Plan and the Retiree Benefit Plan. Action: Carried Unanimously MANAGER'S REMARKS Chili Cook-Off Awards A check in the amount of$5,000 was presented to Mike Wall of the Sparrow Foundation. Mr. Wall thanked the Board of Water & Light on behalf of the Sparrow Foundation. Mr. Wall stated the Board of Water & Light is a great organization to work with. A check in the amount of$3,000 was presented to Lansing Police Chief Teresa Szymanski for the H.O.P.E. Scholarship. Chief Szymanski thanked the Board of Water& Light for the check on behalf of all of the children that this scholarship will help. She thanked General Manager Lark and the Commissioners for being supportive of the H.O.P.E. Scholarship program. A check in the amount of$5,000 was presented to Erik Larson, Executive Director of the Impression Five Science Center. Mr. Larson thanked the Board of Regular Board Mtg. September 28,2010 Page 18 of 18 Water & Light for the check as well as the Board's continued support. Mr. Larson stated that the funds would be used to support the Adopt-A-River program. 5K Awards General Manager Lark presented Ivan Love, Executive Director of Capital Area Community Services (CACS) with a check in the amount of $3,000.00, the proceed from the 5K Walk that was held in August. Ivan Love thanked the Board of Water & Light and General Manager Lark for the "Pennies for Power" initiative that donates to their organization every year. He stated that the money from this initiative is directed to paying utilities for low- income families who are not able to pay their bill. Other General Manager Lark introduced and thanked BWL's Environmental Lab Supervisor, Lynn Adsit, for a job well done on the recent water quality lab inspection, which is done every three years. He stated that that there are two certified drinking water quality labs in Ingham County and they are DNRE and the BWL. The Board had an exceptional inspection and is ranked in the top 5 of drinking water quality labs in the Sate of Michigan. General Manager Lark also introduced and thanked Chad Taylor, Supervisor for Customer Development and Projects, for his excellent work in competing against Consumers Energy and landing the Lodges and Peckham Accounts. COMMISSIONERS' REMARKS There were no Commissioner's Remarks. PUBLIC COMMENTS. There were no public comments. EXCUSED ABSENCE On motion by Commissioner Lain, seconded by Commissioner DeLuca to excuse the absence of Commissioner Thomas from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner Lain, seconded by Commissioner Plummer the meeting adjourned at 5:58 p.m. M. Denise Griffin, Corporate Secretary Preliminary 1.l inutes Filed with Lansing City Clerk on October 5,2GIG Final Approved Minutes filed vdth Lansing City Clerk on November 29,2010 Preliminary Minutes To be approved on 11-23-10 MINUTES OF THE BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT September 28, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan, Chairperson Zerkle called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney Marilyn Plummer and Sandra Zerkle. Absent: Commissioner Tracy Thomas The Corporate Secretary declared a quorum present. Commissioner Plummer led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Plummer seconded by Commissioner Bossenbery to approve the minutes of the Regular Board Meeting of July 27, 2010. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. ------------------- COMMUNICATIONS Thank you card from former Board of Water& Light's Executive Secretary Beverly Bishop. Received and Place on File -------------------- Regular Board Mtg. September 28,2010 Page 2 of 18 COMMITTEE REPORTS COMMITTEE OF THE WHOLE August 10, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, August 10, 2010. Committee of the Whole Chair Louney called the meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Tony DeLuca, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioners Frank Lain and Margaret Bossenbery Public Comments There were no public comments. Approval of Minutes Motion by Commissioner DeLuca seconded by Commissioner Thomas to approve the Committee of the Whole meeting minutes of July 13, 2010. Action: Carried unanimously. Senior Citizens Late Fees (previously tabled) (Information Only) Committee of the Whole Chair Dennis Louney stated that this item regarding senior citizens late fees was discussed at a previous meeting. General Manager J. Peter Lark stated that at a previous meeting there was discussion regarding waiving senior citizen late fees at which the Board asked staff to look into the matter of matching up bill due dates with the distribution of senior citizens' monthly income. Assistant General Manager and Chief Financial Officer Susan Devon stated that at a previous Committee of the Whole meeting there was some discussion regarding changing billing dates and due dates to accommodate seniors. At that meeting Ms. Devon stated that the changes would require some Information and Technology (IT) work and the cost was unknown. Ms. Devon spoke with IT regarding the suggested accommodations and found that these changes or adjustments could be done. So if senior citizens wants to adjust their due date, it can be done taking into consideration that the adjustment can not go past the next billing due date. Also the due date can be adjusted by changing the date the bill is sent out. These adjustment methods are already in place. Commissioner Zerkle questioned if this information could be put in the monthly newsletter. Regular Board Mtg. September 28,2010 Page 3 of 18 In response to Commissioner Zerkle's question, General Manager Lark stated this information could be put in the newsletter since he does not expect this to become an overwhelming request which would impose an overload of work on the IT Department. General Manager Lark stated that if this does become an overload, he would come back to the Board and review this matter again. Update on Social Media (Information Only) Mark Nixon, Director of Communications, provided an update on social media. Mark Nixon stated that the Board of Water & Light (BWL) is tweeting on Twitter and will continue to do so. He stated that Twitter seems to be a more positive social media than Facebook and that the BWL has more than 300 Twitter followers. This social media is good for the BWL to get their message out and to understand the flow of the community conversation. Facebook is used almost exclusively for marketing the Chili Cook-Off event. Mr. Nixon stated that the Board of Water & Light's web site (Intranet and Internet) may not be considered a social media, but is very important technically and it is constantly evolving. In addition, General Manager Lark's videocast has become popular and that is a great way to interact with over 700 people. The new social media for Lansing residents is the SeeClickFix, which is a texting service that allows any customer the ability to report to the Board of Water & Light any non-emergency utility issue that needs attention. Update on Smart Grid (Information Only) Doug Wood, Executive Director of Electrical Operations provided an update on Smart Grid. Doug Wood stated that Smart Grid is kind of a continuum ranging from Automatic Meter Reading (AMR) to a complete total monitoring, communication and control of the Transmission and Distribution (T&D) System. Mr. Wood stated that the Board of Water & Light is not on the cutting edge, but not at the starting point either. Board of Water & Light's management has positioned itself well given where the industry is with this technology and the early lessons learned. Smart Grid upside: • The ability to know when someone does or does not have power • Consumer utility cost savings using time-of-day rates • Overall energy saving by optimizing the utility grid Smart Grid downside: • Infrastructure cost is extremely expensive, even with matching funds • Changing technology with a lack of standards • Time-of-day rates can be very expensive for low income customers • Customer acceptance Regular Board Mtg. September 28,2010 Page 4 of 18 One of the biggest questions at this point is technology and standards. There are a lot of technology choices on the market for Smart Grid, most of which are proprietary. The Board of Water & Light's approach has been more holistic. The Board of Water & Light has several needs such as electric, water and mobile workstations. With the rapidly changing technology and the significant cost, we do not want to move into something too quickly. Mr. Wood stated that the Board of Water& Light will continue to keep a close eye on Smart Grid developments and evaluate opportunities that will not hamper long term solutions. Completed Tasks in preparation for Smart Grid: • Formed a task force of employees who evaluate AMI • Development in Meridian Township called Lodges which will be prepped for smart meters. (Student Housing) • Installed advanced T&D equipment at substations in preparation for Smart Grid Mr. Wood said they plan on getting other municipal agencies and the school district involved to see if there are any opportunities there. He said that the Michigan Public Service Commission will be facilitating a Smart Grid forum for Michigan utilities and the Board of Water & Light plans to attend. Update on Plug-In Stations (Information Only) Kellee Christensen, Manager of Customer Project and Development and Marketing, said that the Board of Water & Light is looking to deploy about 25 electric vehicles in the community. Ms. Christensen stated that the main focus is to remove the barriers for people both purchasing and using the vehicles. The Board is planning to match a $7500 tax incentive if the Volt is purchased on the Board's program. Ms. Christensen stated that the Board of Water & Light and other groups went to Building Code Commission and asked them if they would consider changing the code to allow for charging stations at home. They approved the request and got a code change in a matter of 3 weeks, which usually takes 2 years. The new code should be effective in January. This code change will eliminate about 30- 40% of cost for a resident. The Board of Water & Light is starting to write a service agreement and developing a marketing plan to be launched in the Fall. The Volts are scheduled to arrive in December. Update on MSU (Information Only) General Manager Lark stated that the Board of Water& Light will be responding to an RFP to serve MSU's proposed FRIB. Regular Board Mtg. September 28,2010 Page 5 of 18 Amend Energy Optimization Filing (Information Only) General Manager Lark stated that we wanted a little more flexibility in our Energy Optimization plan and under Act 295 we have to present notice to our Board and we have to offer a public comment period. Sue Warren, Manager of Marketing and Business Strategies stated because of the success of the Board of Water & Light's Energy Optimization Programs there is a waiting list. With the way our programs were designed there were several programs under residential and several programs under commercial and we continue to add more. In 2011 we grew to a full portfolio of programs for our customers. What we have found in the last year and a half of offering programs is that it would be easier for our customers to apply for the programs and it would be more flexible for us to be able to move funding around between programs. Due to PSC's rules we have to get approval and permission for this amendment and as long as it is reasonable and prudent it will be approved and the amendment should be implemented by January 2011. General Manager Lark stated that now that the Commissioners have been informed, notice will be posted on our Web site and we will ask for comments from our customers. After customer comment has closed, we will make a filing with the Public Service Commission. Other General Manager Lark provided an update on the recent fire at the Eckert Station. He stated that the fire destroyed the #1 cooling tower and did serious damage to the #2 cooling tower. Cooling tower#2 should be up and running within the next week or so. General Manager Lark stated that there will be a Reo Town social event from 4:00-7:00 p.m. on September 16, 2010 to answer any questions and inform residents about the new cogeneration plant. At the request of the General Manager, Susan Devon, Project Manager of the Reo Town Plant, provided the following updates: -On August 4, 2010 Ms. Devon, Mr. Stojic and Mr. Peffley attended the City of Lansing's Planning Board meeting. After presenting the Planning Board with a video and detailing the various uses of the buildings and the proposed technology of the heat and power plant to be built, the Planning Board took a vote and agreed that the proposed designated land use was H-Light Industrial. -On August 4, 2010 the Board of Water & Light published the Bond notice in the City Pulse and the referendum period is running. -On Friday July 23, 2010, Mr. Stojic, Executive Director of Strategic Planning and his environmental group made a filling with the Department of Natural Resources and Environment (DNRE) for the Air permit for the new plant. The goal is to get a ruling from DNRE by the end of the year. Regular Board Mtg. September 28,2010 Page 6 of 18 -On Friday August 6, 2010 the Board of Water & Light issued a Request for Proposal (RFP) for an owner's representative that will work with the Board on the building of the plant. The owner's representative will work with the Board's project team. The owners representative will help prepare all other RFP's which include architect firm, engineering firm, designing firm and construction firm. Commissioner Louney thanked the staff for a great picnic and great camaraderie. Excused Absence On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse Commissioners Bossenbery and Lain from today's meeting. Action: Carried unanimously. Adiourn On Motion by Commissioner Thomas, seconded by Commissioner Plummer, the meeting adjourned at 6:40 p.m. Respectfully submitted Dennis Louney, Chair Committee of the Whole FINANCE COMMITTEE September 14, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 6:00 p.m. on Tuesday, September 14, 2010. Finance Committee Chairperson Margaret Bossenbery called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Margaret Bossenbery, Dennis Louney, Marilyn Plummer and Tracy Thomas. Alternate committee members Frank Lain and Sandra Zerkle were present. Also present was Board member Tony DeLuca. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve the Finance Committee meeting minutes of July 13, 2010. Action: Carried unanimously. FY 2010 Audited Financial Statements — Plante Moran General Manager J. Peter Lark introduced Douglas Rober, Managing Partner with Plante & Moran (P&M). General Manager Lark thanked Board of Water & Regular Board Mtg. September 28,2010 Page 7 of 18 Light's Gennie Eva, Manager of Financial Services and Miriam Mattison, Accounting Supervisor who worked closely with Plante & Moran. Douglas Rober, Managing Partner with Plante & Moran (P&M) stated that P&M was appreciative of the opportunity to be of service to the Board of Water & Light. Mr. Rober introduced Shaun Krick, CPA Associate and Shaun Tanner, CPA of P&M. Shaun Krick, CPA Associate with P&M, reviewed the audit process of the financial statements of the Enterprise Fund and Pension Fiduciary Funds of the Board of Water and Light (BWL) for fiscal year ending 2010. Mr. Krick stated that there were no significant difficulties with management and there were no corrected or uncorrected misstatement and there were no other significant findings during the audit. In addition to the Audit Reports also provided were: • Internal Control over Financial Reporting • Results of the Audit • Other Recommendations • Additional Information Operating Revenue — Four-year Comparison Years Ended June 30 Shaun Krick, CPA Associate with Plante Moran stated that revenues were just under $274 million in the current year compared to last year at about $262 million. This is an increase of about 4.5% and the electric utility is responsible for that increase. Electric remains the largest utility generating the most revenue and it had an increase of approximately 5.5% for $12 Million over the last year. There was an increase in demand and there were 209 more kilowatt hours sold and two different rate increases that had an effect in this year. Operating Expenses - Four-year Comparison Years Ended June 30 Mr. Krick stated that Operating Expenses were just under $260 Million in the current year which is less than 1% increase over the prior year. The largest portion of total expenses is related to Production. Operating Income (Loss) Years Ended June 30 Mr. Krick stated both electric and chilled water have been operating at a slight profit. Steam has lost several customers over the last few years attributing to the loss. Sales Source of Kilowatt Hours Generated Years Ended June 30 Mr. Krick stated that of the 3.2 Billion kilowatt hours sold, 1/3 were sold for Re- Sale or to MPPA and the remaining 2/3 were sold to retail customers. This is consistent with operations of the past several years. Significant Power Costs Year Ended June 30 Mr. Krick stated that there was approximately $116 Million in power costs. Regular Board Mtg. September 28,2010 Page 8 of 18 Bond Debt Service Requirements Year Ended June 30 Mr. Krick stated that this particular graph looks at debt service requirements on bonds that the Board of Water & Light has issued for the current year and the next five years barring any changes. The Co-Generation Plant is projected at a $182 million project and the finance portion of that will have a direct impact on future numbers. Shaun Tanner, CPA reviewed the management letter comments that Plante & Moran felt were noteworthy. He said as part of their audit they are required to paint an understanding of the accounting procedures and controls that are in place for the financial reporting process. He stated that they use the understanding to tailor their auditing approach and then focus on testing areas of higher risk for material misstatements due to deficiencies in procedures and controls surround the reporting and accounting process. Mr. Tanner stated that they did not find any areas where significant lack of necessary controls existed. However there were a couple of areas that he felt current control procedures could be strengthened and those comments are included in the management comment letters. A complete copy of the Plant Moran's Presentation to the Finance Committee regarding the Audited Financial Statements &findings is on file in the Corporate Secretary's office. Resolution for Revised Investment Policy for Defined Contribution Plan General Manager Lark stated the resolution before the Board is the last of the series of investment policies. He stated that in the past the DB, VEBA and Cash Policies have all been updated and this resolution will allow the Defined Contribution Plan to be updated as well. By updating this policy it will make everything more concise. On motion by Commissioner Louney, seconded by Commissioner Thomas, to move the proposed resolution for the Adoption of Revised Lansing Board of Water& Light Employees' Defined Contribution Plan Investment Policy Statement to the full board for consideration and approval. Internal Audit Status Report Internal Auditor Phil perkins presented a brief overview of the Risk Investment activities that he has been involved in over the last few months. Mr. Perkins also reviewed the Internal Auditors plans for the remainder of fiscal year 2011. Current Risk Assessment Activities include: • Expenditures & AP Risk Assessment (75% completed) • Inventory Accounts Risk Assessment (50% completed) Planned Activities for remainder of FY 2011 included: • Equity Accounts Risk Assessment • Other Financial Risk Assessments • Potential Audits • Internal Quality Assessment Review Regular Board Mtg. September 28,2010 Page 9 of 18 Other Finance Chair Bossenbery stated regarding the upcoming NAACP Dinner, the Board of Commissioners will purchase a '/2 page Advertisement and a table of 8 for the Commissioners, any additional tickets will cost $50.00. There being no further business, the meeting adjourned at 6:35 p.m. Respectfully submitted Margaret Bossenbery, Chair Finance Committee COMMITTEE OF THE WHOLE September 14, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, September 14, 2010. Committee of the Whole Chair Louney called the meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas seconded by Commissioner Plummer to approve the Committee of the Whole meeting minutes of August 10, 2010. Action: Carried unanimously. Reith-Riley Easement Modification General Manager J. Peter Lark stated that this request by Reith-Riley is to expand their easement in the vicinity of the Erickson Plant. In 1971 the Board of Water & Light purchased land from Reith-Riley in order to obtain needed water to finish construction of the Erickson Plant. Reith-Riley retained an easement because it wanted to construct a rail spur in the future and that time has come. Reith-Riley will pay the Board of Water & Light in excess of$60,000 for the easement. General Manager Lark asked that this resolution be referred to the Board for approval. Motion by Commissioner Zerkle, seconded by Commissioner DeLuca, to move the proposed resolution for the Board of Water & Light Easement Grant to Reith- Riley to the full board for consideration and approval. Action: Carried unanimously Regular Board Mtg. September 28,2010 Page 10 of 18 Other Update on the Chevrolet Volt General Manager Lark said that he participated in the State Capital roll out of the Chevrolet Volt along with the Governor and the Mayor. Kellee Christensen, Manager of Customer Projects and Development and Marketing, stated that today was the public relations launch for the Chevrolet Volt electric car in Michigan. Today officials and legislators were given an opportunity to ride and drive the new vehicle. Kellee Christensen, stated that the Board of Water & Light's web page has a link that provides information and highlights of our program. For residential customers there is a federal tax incentive for up to $7500.00 and the Board of Water & Light is also offering a $7500.00 incentive. Attached to being a recipient of the incentive there is a 3 year commitment of gathering and logging information. This allows for the collection of research and data off the charging stations. Board of Water & Light has an agreement with GM that allows the use of non-proprietary data off of the Volt to see where and when charging stations are being used in our service areas. Each car will be logoed on the back quarter panel and on the rear of the car. Everyone who drives a Volt will be provided educational information for distribution. Traverse City Purchase Power Agreement General Manager Lark stated that today he signed Purchase Power Agreements with Traverse City Light and Power that will provide approximately 50 megawatts of power to Traverse City annually. General Manager Lark introduced George Stojic, Executive Director of Strategic Planning who provided an overview of the agreements. New Accounts General Manager Lark stated that the BWL landed the development in Meridian Township called Lodges, which is a Student Housing unit. Under the agreement with the Lodges Board of Water & Light will provide electricity for both heating and cooling. As well as landing the Lodges contract, George Stojic stated that the Board of Water & Light landed the Peckham warehouse account. On Motion by Commissioner Bossenbery, seconded by Commissioner Plummer, the meeting adjourned at 5:55 p.m. Respectfully submitted Dennis Louney, Chair Committee of the Whole Regular Board Mtg. September 28,2010 Page 11 of 18 MINUTES BOARD OF WATER AND LIGHT PENSION FUND TRUSTEES' ANNUAL MEETING Tuesday, September 14, 2010 Present: Trustees Margaret Bossenbery, Tony DeLuca, Frank Lain, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Staff Present: General Manager J. Peter Lark, Assistant General Manager and Chief Financial Officer Susan Devon, Director of Internal Audit Phil Perkins, Manager of Finance and Planning Bill Aldrich, Marilyn Montgomery, Senior Treasury Analyst, Scott Taylor, CPA, CTP, Supervisor, Treasury & Budgeting, Executive Financial Assistant Heidi Myers and Corporate Secretary M. Denise Griffin. Consultants Present: From Merrill Lynch: Michael Muirhead Associate Financial Advisor. From ICMA: Linda Brooks, Sandra Rouse- Thames and John McCann The Secretary declared a quorum. Chairperson Zerkle called the meeting to order at 6:35 p.m. On Motion by Trustee DeLuca and Seconded by Trustee Bossenbery to approve the minutes of November 12, 2009 Pension Fund Trustees' Annual Meeting Minutes. Action: Motion Carried Public Comments There were no public comments. Pension Plan Performance Reviews General Manager J. Peter Lark introduced Susan Devon, Assistant General Manager and Chief Financial Officer. Ms. Devon, Assistant General Manager and Chief Financial Officer provided an overview of the different Pension Plans. She stated that the packet the Board received is broken down into plan areas, the Defined Benefit Plan, the Defined Contribution Plan and the Post Retirement Benefit Plan. Each of the sections in the packet includes general information consisting of the Plan and Trust documents, the Audited Financial Statements, the Actuarial Study Report, the Investment Policy Statement for each Plan and the Investment Results. Defined Benefit Plan Regular Board Mtg. September 28,2010 Page 12 of 18 Demographics Executive Financial Assistant Heidi Myers provided the following demographics for the Defined Benefit Plan. The Defined Benefit (DB) Plan was closed to new employees hired after December 31, 1996. There are currently 471 retirees and beneficiaries, 13 terminated employees with vested benefits and 41 current employees in this plan for a total of 525 Plan participants. There were 9 total retirees with DB benefits during 2010. The DB plan experienced a drop of 20 participants from the last year due to the death of 15 retirees not having beneficiaries, and 5 new retirees in 2010 elected to receive lump sum payments opposed to the ongoing benefits. There are 41 DB active employees with an average age of 56 and an average of 27 years of service. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated with respect to the DB Fund Performance: The BWL contributed $2.1 million to the DB Plan in FY2010. We had no contribution in 2009. There was a $2.7 million increase in benefit payments to retirees out of the plan compared to 2009. This was largely a result of$3.1 million payouts to the 5 retirees that took lump sum payments. Payouts ranged from a high of$981,000 to $425,000. Ms. Devon stated that there was a major improvement in our fund investment income. $9 million in earnings this year compared to a loss of$26 million last year. This favorable change is due to a partial market recovery. Plan assets after considering investment income, plan contributions and benefit payments that were paid out were unchanged from 2009 at $73.3 million. With a recent update the value has gone up to $76 million. Based on our actuarial report the funded ration for the DB plan was 104% meaning our assets exceed our liabilities by 4%, in 2009 the funded ration was 77%. Investment Return: Susan Devon, Assistant General Manager and Chief Financial Officer stated regarding the investment returns for the 2010 fiscal year; the BWL earned an 11.9% overall return on invested funds in the DB plan. That does compare somewhat unfavorably to our benchmark by about 1.4% lower than the 13.3% benchmark return. The benchmark return is based upon the composite return of several stock and bond indices over the 2010 fiscal year, and it is one of the Regular Board Mtg. September 28,2010 Page 13 of 18 measures that we have that will tell us how we are doing in our individually managed funds as compared to each benchmark. Our top performing manager was MetWest Asset Management, one of our fixed income managers, with a return of 18.6%, outperforming the benchmark return by 9.1%. Our worst performing manager was Edgewood Management, one of our large cap growth managers, with a return of-3.2%, underperforming by 16.8% compared to the benchmark return. We will continue to evaluate Edgewood and other underperforming managers to assure that they remain the best choices to meet the long term fund performance goals of the Board of Water & Light. Ms. Devon said also in the DB Plan there are two private equity investments that were made in the 1990's. The investments are called Capital Bidco and Access Bidco and they were put together under the Michigan Bidco Act in 1991. The Board of Water & Light invested $500,000 in each. The Capital Bidco did not do very well and was written off some time ago. Now they are trying to close off the Capital Bidco Investment and we received a check from them for $12,600 as our share of the investment cash that was still available. We returned that money to the Pension Fund for reinvestment. The Access Bidco is still an ongoing fund. In January the fund hired a manager. We are going to sit this out for the next few quarters and hopefully we will be able to report some improvements. Defined Contribution: Demographics Executive Financial Assistant Heidi Myers provided the following demographics for the Defined Contribution Plan. This plan was established in 1997 as a replacement for the Defined Benefit Plan. At that time, 602 active employees elected to switch to the new DC plan, resulting in a transfer of$75 million to the new plan. There are currently 900 participants in the DC plan including 669 active employees. While active participants range in age from under 35 to over 65 a majority are between the ages of 46 and 55. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated the following regarding the DC Fund Performance: While we determine what funds will be available for our employees to invest in, they actually make the determination themselves as to which ones they want to put their money in. In looking at all of our funds together our DC plan participant's value of their assets increased to $115 million in FY 2010, it was Regular Board Mtg. September 28,2010 Page 14 of 18 $102 million in 2009. There was also an increase in investment income going from a loss of$18 million in 2009 to a gain of$12 million in 2010. The BWL contributed $5.5 million to employee accounts during FY 2010 and that is up from 5.2 million in FY 2009. We are in the process of reviewing the DC plan fund lineup to potentially add new investment options and delete duplicate funds and underperforming funds. ICMA continues to spend a lot of time and effort in education and communication for DC plan participants to help them make educated investing decisions. ICMA has committed to weekly meetings either individual or group for the remainder of this fiscal year. Our employees can obtain information regarding their accounts in a number of ways such as: Individual Meetings with ICMA Representatives, Group Meetings, Internet and a call center. Post-Retirement Plan Demographics Executive Financial Assistant Heidi Myers provided the following demographics for the Post Retirement Plan. At the end of February 2010 there were a total of 1,781 participants in the post retirement benefit plan, of which 718 were active employees. This plan began the year with 1,800 participants. The decrease in participation by 19 is due to increases and decreases in participation. Participation was increased by 13 spouses who enrolled due to retirements, and 37 new entrants. Participation decreased by 42 deaths, 23 non-vested terminations and 4 enrollment changes. There are 1,063 inactive participants comprised of 92 disabled, 434 retirees, 382 spouses, and 155 surviving spouses. Fund Performance Susan Devon, Assistant General Manager and Chief Financial Officer stated the following regarding the Post Retirement Plan Fund Performance: Consistent with the DB and DC plan investment income improved over 2009. The Post-Retirement Plan had $6 million in investment income compared to the $12 million loss last year. The BWL made contributions of$11.6 million to the plan in FY10. Plan assets rose from $59.8 million at June 30, 2010 to $77.4 million for a net increase of$17.6 million. Regular Board Mtg. September 28,2010 Page 15 of 18 The funded ration for the post-retirement plan was 18% in 2009 and this year is 30%. With respect to the VEBA Investment Return there was a 10.8% overall return on invested funds in the DB plan. This return compares unfavorably at 2.7% lower than the 13.5% benchmark return. We continue to watch the investments closely. General Manager Lark respectfully asks that the Board approve the proposed resolution that will allow these documents to be filed with the Corporate Secretary to be received and placed them on file. RESOLUTION ACCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS FOR DEFINED BENEFIT PENSION PLAN, DEFINED CONTRIBUTION PENSION PLAN, AND RETIREE BENEFIT PLAN (VEBA) Resolved, that the Corporate Secretary receive and place on file the Defined Benefit, Defined Contribution, and Retiree Benefit Pension reports presented during the Pension Trustee Meeting. -------------------------- Staff comments: All three Plans received clean audit reports. -------------------- Moved by Trustee Thomas, seconded by Trustee Bossenbery, to approve the proposed resolution. Action: Carried Unanimously On Motion by Trustee Thomas and Seconded by Trustee Bossenbery to excuse Trustee Louney from today's meeting. Action: Motion Carried On Motion by Trustee Lain and Seconded by Trustee Plummer with no further business the Pension Fund Trustees meeting adjourned at 7:00 p.m. Action: Motion Carried Submitted by: M. Denise Griffin Corporate Secretary Regular Board Mtg. September 28,2010 Page 16 of 18 MANAGER'S RECOMMENDATIONS RESOLUTION #2010-09-01 BWL EASEMENT GRANT TO REITH-REILEY RESOLVED, The Board of Commissioners hereby approves the grant of an easement to Rieth-Riley Construction Co. Inc., to construct, operate, maintain, and improve a railroad spur to Rieth-Riley's property and for no other use. -------------------- Staff Comments: On November 23, 1971, the Lansing Board of Water and Light granted Rieth- Riley Construction Co. Inc., an easement to build a rail spur on a portion of BWL property in Delta Township, Eaton County, Michigan. The purpose of this grant was so the BWL could finish construction on the Erickson Plant. However, Rieth-Riley would now like a new easement for a more specific and slightly larger area. This new easement would be for the specific purpose of construction, operation, maintenance and improvement of the rail spur, as illustrated in attachment A. Staff recommends the easement grant in consideration of$17,000 per acre and contingent upon mutually acceptable terms as approved by the BWL's staff attorney. -------------------- Motion by Commissioner DeLuca, seconded by Commissioner Bossenbery to approve the easement grant to Reith-Riley Contsruction Co. Incorporated. Action: Carried Unanimously RESOLUTION #2010-09-02 ADOPTION OF REVISEDLANSING BOARD OF WATER AND LIGHT EMPLOYEES' DEFINED CONTRIBUTION PLAN INVESTMENT POLICY STATEMENT WHEREAS, the Lansing Board of Water and Light desires to revise the Defined Contribution Pension Plan Funding Investment Policy Statement. RESOLVED, that the Lansing Board of Water and Light rescind the resolution dated December 15, 2005 establishing the pre-existing Funding Policy Statement, and FURTHER RESOLVED, that the attached Investment Policy Statement for the Lansing Board of Water and Light Employees' Defined Contribution Pension Plan dated September 14, 2010 be adopted. Regular Board Mtg. September 28,2010 Page 17 of 18 --------------------- Staff Comments: The existing Investment Policy Statement is being revised to provide a document that is more concise as well as more reflective of current investment philosophy and terminology. The document provides appropriate guidance for the selection of funds. Motion by Commissioner Bossenbery, seconded by Commissioner Louney to approve the adoption of the revised Defined Contribution Pension Plan Funding Investment Policy Statement. Action: Carried Unanimously RESOLUTION #2010-09-03 ACCEPTANCE OF 2010 AUDITED FINANCIAL STATEMENTS FOR THE DEFINED BENEFIT PLAN, DEFINED CONTRIBUTION PENSION PLAN, AND RETIREE BENEFIT PLAN (VEBA) Resolved, that the Corporate Secretary received and placed on file the Defined Benefit, Defined Contribution, and Retiree Benefit Pension reports presented during the Pension Trustee Meeting. ---------------------------------- Staff comments: All three Plans received clean audit reports. Motion by Commissioner Lain, seconded by Commissioner DeLuca for the acceptance of the Fiscal Year 2010 Audited Financial Statements for the Defined Benefit Plan, Defined Contribution Pension Plan and the Retiree Benefit Plan. Action: Carried Unanimously MANAGER'S REMARKS Chili Cook-Off Awards A check in the amount of$5,000 was presented to Mike Wall of the Sparrow Foundation. Mr. Wall thanked the Board of Water & Light on behalf of the Sparrow Foundation. Mr. Wall stated the Board of Water & Light is a great organization to work with. A check in the amount of$3,000 was presented to Lansing Police Chief Teresa Szymanski for the H.O.P.E. Scholarship. Chief Szymanski thanked the Board of Water & Light for the check on behalf of all of the children that this scholarship will help. She thanked General Manager Lark and the Commissioners for being supportive of the H.O.P.E. Scholarship program. A check in the amount of$5,000 was presented to Erik Larson, Executive Director of the Impression Five Science Center. Mr. Larson thanked the Board of Regular Board Mtg. September 28,2010 Page 18 of 18 Water & Light for the check as well as the Board's continued support. Mr. Larson stated that the funds would be used to support the Adopt-A-River program. 5K Awards General Manager Lark presented Ivan Love, Executive Director of Capital Area Community Services (CACS) with a check in the amount of$3,000.00, the proceed from the 5K Walk that was held in August. Ivan Love thanked the Board of Water & Light and General Manager Lark for the "Pennies for Power" initiative that donates to their organization every year. He stated that the money from this initiative is directed to paying utilities for low- income families who are not able to pay their bill. Other General Manager Lark introduced and thanked BWL's Environmental Lab Supervisor, Lynn Adsit, for a job well done on the recent water quality lab inspection, which is done every three years. He stated that that there are two certified drinking water quality labs in Ingham County and they are DNRE and the BWL. The Board had an exceptional inspection and is ranked in the top 5 of drinking water quality labs in the Sate of Michigan. General Manager Lark also introduced and thanked Chad Taylor, Supervisor for Customer Development and Projects, for his excellent work in competing against Consumers Energy and landing the Lodges and Peckham Accounts. COMMISSIONERS' REMARKS There were no Commissioner's Remarks. PUBLIC COMMENTS There were no public comments. EXCUSED ABSENCE On motion by Commissioner Lain, seconded by Commissioner DeLuca to excuse the absence of Commissioner Thomas from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner Lain, seconded by Commissioner Plummer the meeting adjourned at 5:58 p.m. M. Denise Griffin, Corporate Secretary Preliminary Minutes filed with Lansing City Clerk on October 5,2010 Approved by(he Board on 9-28-10 3 MINUTES OF THE BOARD OF COMMISSIONERS` MEETING LANSING BOARD OF WATER AND LIGHT July 27, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Vice Chairperson Lain called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney Marilyn Plummer and Tracy Thomas. Absent: Commissioner Sandra Zerkle The Corporate Secretary declared a quorum present. Commissioner Plummer led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Bossenbery seconded by Commissioner Thomas to approve the minutes of the Regular Board Meeting of May 25, 2010. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. ------------------- COMMUNICATIONS Letter of resignation from Board of Water& Light Commissioner Peter Kramer effective July 31, 2010. Received and Place on File -------------------- Regular Board Mtg. July 27,2010 Page 2 of 24 COMMITTEE REPORTS FINANCE COMMITTEE June 8, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, June 8, 2010. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Dennis Louney(arrived at 4:11 p.m.) Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present Board member Tony DeLuca. Absent: Frank Lain. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas, seconded by Commissioner Bossenbery to approve the Finance Committee meeting minutes of April 27, 2010, Action: Carried unanimously. Defined Benefit and VEBA Quarterly pdates o FY 3rd Quarter 2010 Reports General Manager J. Peter Lark introduced Michael Muirhead, Associate Financial Advisor for Merrill Lynch Institutional Consulting Group who provided a 3rd quarter update and report on the Defined Benefit (DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. The update included information on Investment Managers" Performance, Total Portfolio Performance, Asset and Manager Fund Allocations and Distribution of Returns. Also included in the report is an update on Fund Manager Scores and Market Indices and Portfolio Information. Mr. Muirhead stated that there was a dramatic turnaround in the market over a six week period and that allowed the equity to finish positively during the first quarter. Chair Kramer expressed concern with some of the unfavorable performances from the Investment Managers. In response to Chair Kramer's concerns, Mr. Muirhead stated that every quarter there is going to be divergences between the various fund's performance versus benchmarks. He stated the Board's approach continues to be solid and just as some funds are trailing today, since the various funds inception have had periods of time when they have out performed the benchmarks. Commissioner Kramer questioned what the expectations are when looking at our fund portfolio versus the appropriate benchmarks. Regular Board Mtg. July 27,2010 Page 3 of 24 In response to Chair Kramer's question, Mr. Muirhead stated that every 90 days Merrill Lynch monitors how the money is invested and how it is allocated to make sure that the investment managers are managing the dollars in accordance with why they were hired. It means monitoring their process, their people and their philosophy to make sure they are holding true to that fund's investment philosophy. Ms. Devon indicated that Merill Lynch was retained under Merrill's expectation that they could beat the benchmark by 200 bps over time using the active management technique. From an evaluation prospective, Mr. Muirhead stated they believe that investment managers and investment strategies need at least three years in order to be able to evaluate how those managers are performing. DB Performance Summary FY 2010 Third Quarter Ended March 31, 2010 Absolute Performance Sources of Funds($)-in thousands Current Quarter(ending 313712070) 1 Since lnvesiment Strate lnce Lion(3/31/2009) Beginning Market Value 80,232 66,078 Net Contribution -2,009 -8,755 Investment of Earnings 2,990 23,890 Ending Market Value 81,213 1 81,213 VEBA Performance Summary FY 2010 Third Quarter Ended March 31, 2010 Absolute Performance Sources of Funds($)-in thousands Current Quarter(ending 313 7120 70) Since Investment Strategy Inception(313112009) Beginning Market Value 74,548 47,265 Net Contribution 3,244 15,552 Investment of Earnings 2,886 17,861 Ending Market Value 80,678 80,678 The complete 3rd Quarter Reports are on file in the Office of the Corporate Secretary and available for public viewing. ICMA Annual Update Sandra Rouse-Thames, Director of Strategic Relations, provided background information on the ICMA-RC plans. Ms. Rouse-Thames reviewed the Assets and Plan Asset Allocation for the 401 and 457 plans, which included a breakdown of Plan Asset Allocation by age. She stated that the full Annual Service Review Plan review is available with Bill Aldrich, Board of Water& Light's Manager of Financial Services. John McCann, Regional Vice President provided an overview of the Fund Lineup and the plan activities of the 401 and 457 Plans, Retirement Plan Specialist Linda Brooks reviewed the 2009-2010 education activities that occurred over the past year. The educational activities included individual consultations and seminars. She also spoke about upcoming seminars that will explore the establishment of the Roth IRAs and payroll deduction. Financial Accounting Standard (FAS) 71 Approval Regular Board Mtg. July 27,2010 Page 4 of 24 General Manager Lark provided a review of FAS 71 to account for contributions associated with the new chiller plant facility. He stated that FAS 71 is an accounting technique in which the goal is to match cost and revenue. Mr. Lark requested that he Finance Committee move a resolution to the full Board that would allow the revenue that exceeded the write off of the Old Ottawa Station facility to be spread over the life of the new Chiller Plant. On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to forward to the full Board the proposed resolution to consider the Application FAS#71 for the Ottawa Station facility to be set up in a regulatory asset account. Action: Carried unanimously Internal Audit Update Internal Audit Status Report Internal Auditor Phil Perkins presented an overview of Internal Auditors Status Report that included: • Audits and Reviews completed to date in FY2010 and Audit/Reviews in progress • Planning/Risk Assessments for FY2011 • Audit Reports completed since last update Contracted Internal Auditor Charles Moore assisted Internal Auditor Perkins in reviewing the completed Audit Reports. The completed Audit Reports included Electric Transmission & Distribution System Audit, Engineering Services-Annual Projects, Fuel Procurement Follow-up and Cash Receipts Follow-up, This report is presented in two parts. Part One of this report is the Executive Summary that contains an outline of findings, recommendations and management responses. Part Two of the report is a detailed audit report that contains a description of programs and activities; audit objectives, scope and methodology and prior audit follow-up; comments, findings, recommendations, and management responses; and a glossary of acronyms and terms. The complete Internal Audit Status Report is on file in the Office of the Corporate Secretary and is available for public viewing. Excused Absence On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to excuse the absence of Commissioner Lain. Action: Carried unanimously, There being no further business, the meeting adjourned at 5:30 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee Regular Board Mtg. July 27,2010 Page 5 of 24 COMMITTEE OF THE WHOLE July 13, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, July 13, 2010. Committee of the Whole Chair Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney, Frank Lain, Marilyn Plummer, Tracy Thomas and Sandra Zerkle Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney seconded by Commissioner Zerkle to approve the Committee of the Whole meeting minutes of May 11, 2010. Action: Carried unanimously. Resolution for Authority to Designate Representative to EPA General Manager J. Peter Lark stated that the proposed resolution would allow him authority to designate representatives for the purpose of reporting to the Environmental Protection Agency (EPA) under the Clean Air Act. He asks that the Committee forward the resolution to the full board for consideration. On motion by Commissioner DeLuca, seconded by Commissioner Plummer, to move the proposed resolution for designating representatives to the EPA to the full board for consideration and approval. Action: Carried unanimously. Moore's Park Life Extension (Information Only) General Manager J. Peter Lark presented the Board of Commissioners with the 2010 Moores Park Steam Replacement proposal. General Manager Lark stated that there are four steam boilers at the Moores Park steam production plant that produce steam for about 225 customers. Those customers are some of the largest entities in the City of Lansing, including General Motors, City of Lansing, LCC, Boji Group Tower, Ingham County and the Accident Fund. General Manager Lark stated that about a year ago he came up with an idea of how to address the problems at the aging Moores Park Plant. Since that time the Environmental Protection Agency Regular Board Mtg. July 27,2010 Page 6 of 24 (EPA) has proposed stricter regulations for industrial boiler emission. These regulations will cost the BWL anywhere from $30 to over$100 Million to bring the steam boilers into compliance with them. In addition, the steam boilers are aging, 3 of them are 55 years old and almost beyond their life expectancy. With the new EPA rules the boilers will probably have to be replaced by the end of 2013 and upgrading is really not an option. Mr, Lark directed his Strategic Planning group to conduct a fife extension study for the purpose of determining the best option regarding Moores Park. That study resulted in the proposed plan to build a natural gas combined-cycle cogeneration plant that will be located in Reo Town. The building will include 180 offices with a goal to have the new facility LEED-certified. The project will be an economic development boost to REO town and a positive step in the revitalization of the area. The project will also create about 1000 construction jobs, as well, George Stojic, Executive Director of Strategic Planning, stated that this project was initially centered on the Moores Park steam plant and was prompted by the need to comply with some tough environmental regulations being promulgated by the EPA as well as needing to make some substantial capital and maintenance related expenditures to keep the plant operational. Both the maintenance and the environmental expenditures are major operational and financial challenges for the Board of Water& Light.There are also challenges with the electric generation side of the business, especially with the smaller Eckert units. Eckert has 3 smaller units and 3 larger units. The 3 smaller units share some characteristics with the Moores Parks units in that they are old and quite inefficient, The units have rising operational and maintenance costs and will also face some very tough environmental compliance issue in the near term. We have parallel requirements on the steam side and electric side and it makes sense to address the problems simultaneously as it is much more cost effective and efficient to do so. Mr. Stojic said that we asked ourselves if it is worth sinking significant money into Moores Park in the light of the fact that we will also be losing our electric generation units 1, 2 and 3 at Eckert and we are going to need some additional generating capacity on the electric side of the business. As part of the planning process we developed a financial model considering various options to determine what each would cost over a 25 year planning period. Staff considered three options to maintaining or replacing the Moores Park facility. Two of those options involve a natural gas combined-cycle cogeneration plant. This type of plant is one of the most efficient ways of producing electricity. What it involves is simply mixing air and fuel in a jet engine and allowing it to turn a generator and then capturing the hot exhaust to produce steam, doing one of two things with it, either sending it out to customers as steam for heat or turning another electric generator. Staff looked at two combined-cycle units, a larger and a smaller one. A third option was to simply build a natural gas boiler for steam generation. That would be the simplest solution and the least capital extensive, but was very expensive to operate. Staff determined that the least expensive and most cost effective option would be to address the steam and electric issues together with a large natural gas combined-cycle cogeneration plant. Dick Peffley, Executive Director of Water Utility& Special Projects, stated that his responsibility in this project is design and structure. There are three major components of the project. The first is the construction of the new plant, which will be located at 1203 S. Washington,just north of the Regular Board Mtg. July 27,2010 Page 7 of 24 railroad tracks. We have an option to purchase that property until the end of January of next year. This is one of four sites that were looked at and is the least cost option to build. This plant will take 18 months to construct. The second part of the project is the renovation of the South Washington train station. This is a 4200 sq.ft. building and came as part of the property. The building was built in the early 1900's and is currently listed on the Michigan Historic Registry, so that influences what can be done with this building. After successful completion of the plant, the demolition of the existing Moores Park plant will begin. All of the obsolete equipment from the inside and outside will be removed. The building will be left for future use. Susan Devon, Assistant General Manager and Chief Financial Officer, stated that the cost of the plant is about$182 Million and that bonds would be issued to pay for the new plant. The Bonds will be paid off over a 28 year period. General Manage Lark stated that on Thursday they will be meeting with the Lansing State Journal's Editorial Board and there will be an open forum next Wednesday for any feedback. Action: Carried unanimously. Excused Absence None Other General Manager Lark thanked his Administration for all of their effort on the Moores Park life extension project. He also thanked George Stojic for all of his effort on the water contracts. Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca,the meeting adjourned at 7:00 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole FINANCE COMMITTEE July 13,2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m, on Tuesday, July 13, 2010. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll, The following members were present: Commissioners Peter Kramer, Dennis Louney.Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present Board members Tony DeLuca and Marilyn Plummer(arrived 4:10). Regular Board Mtg. July 27,2010 Page 8 of 24 Absent: Commissioner Margaret Bossenbery. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney, seconded by Commissioner Lain to approve the Finance Committee meeting minutes of June 8, 2010. Action: Carried unanimously. FAS 114 External Audit Report(FY 2010) Presented by Shaun Krick, CPA, Plante & Moran General Manager Lark introduced external auditor Shaun Krick, Manager with Plante Moran (P&M) who reviewed and presented the FAS 114 External Audit Report, Mr. Krick stated that the Financial Account Standard (FAS) 114 is a statement of auditing standards that involve communications between the external auditors and the Governing Board. It requires the external auditor report and updates the charged Governance with anticipated audit plans and any significant issue findings that are reasonably anticipated during the year as well as anticipated ways to solve those issues and gather information from the Board pertaining to areas that may be of concern regarding an increased risk of material misstatement in financial records. Mr. Krick reviewed some of the risk areas that have been identified and will be taking a closer look at: Canalization &disposal of capital assets. This is probably the second most significant activity at the Board of Water& Light other than producing power. Purchase of&accounting for inventory. The auditors will be doing some limited observations procedures on third party coal measurements and the other material stores. Recognition of revenue, includingu� nbilled This is one of the most significant activity and the auditors will be reviewing accounting records for appropriate support and correct amounts. Understatement of accounts payables &other liabilities This is a standard item of risk and is something that the auditors will be focused on. Regular Board Mtg. July 27,2010 Page 9 of 24 Environmental remediation This is anything related to landfills or any other items that the Board of Water& Light has obliged itself to take care of related to environmental issues. This area will be observed to make sure that value is recorded appropriately. Indirect cost capitalization rate There were comments in last year's audit in this particular area. The BWL administration staff has conducted an in-depth study in support of its capitalization rate during the current fiscal year. That study has been submitted to Plante Moran for our review. Investment activity, contributions &disbursement-pension plans This area will be focused on since it has the most significant activity with three of the four pension plans, VEBA, Defined Benefit and Defined Contribution. Also any other significant transactions that have occurred during the year will be reviewed to make sure all documentation for transactions are appropriately supported. In response to the required discussion points mentioned on page#12 of the presentation, Commissioner Kramer stated that the Board should maintain the same policy that was in place the previous year and that Susan Devon,Assistant General Manager and Chief Financial Officer should be the contact person. Mr. Krick asked the Board of Commissioners if there were any areas of concern for either an increased risk of material misstatement or fraud or if there was an area where they should be spending additional time. In response to Mr. Krick's questions Commissioners' Kramer and Lain stated that there were no areas of concern. A complete copy of the Plante&Moran Audit of-lune 30,2070 Financial Statements&Related Pension Plans Presentation is on file in the corporate Secretary's office. Purchasing Policy Exception Reports FY2010 PURCHASING REPORTS FOR BWL COMMISSIONERS The General Manager shall report the following items to the BWL Commissioners on a yearly basis or as otherwise defined in the Purchasing Procedures: A. Sole source contracts in an amount equal to or greater than $5,000. B. Emergency contracts in an amount equal to or greater than $5,000. C. Purchasing Policy and procedure violations during the fiscal year to date(as of June 30). D. Professional service and consulting contracts in an amount equal to or greater than $50,000 per year. E. Contracts with a term exceeding thirty-six consecutive months. F. Documentation of delegated purchasing authority. G. Purchasing Procedure revisions. H. Litigation pertaining to any particular contract covered by the Purchasing Policy. Regular Board Mtg. July 27,2010 Page 10 of 24 I. Efforts to use Local businesses and Diverse Vendor. J, Categories of purchases, other than those specifically excluded by this policy in Section 5-00, that the General Manager or designee has deemed necessarily excluded from the Purchasing Policy because of the nature of the product or service. The General Manager presented the required reports to the committee. A detailed copy of the Purchasing Policy Report is on file in the Corporate Secretary's office, Resolution for Revising Purchasing Policy General Manager Lark introduced Dan MacLennan, Manager of Purchasing and Warehousing. Mr. MacLennan presented the Board with a PowerPoint presentation on Procurement Policy. The presentation also included details of the policy revision purpose. A detailed copy of the Purchasing Policy Report PowerPoint presentation is on file in the Corporate Secretary's office, The Board of Water&Light Procurement Policy is on file in the Office of the Corporate Secretary. On motion by Commissioner Lain, seconded by Commissioner Thomas, to forward to the full Board the proposed resolution to consider revisions to the Procurement Procedures. Action: Carried unanimously Notice of Intent to Issue Bonds Resolution General Manager Lark presented the Board with a resolution to allow the Administration the authority to publish a Notice of Intent to issue Revenue Bonds for Moores Park cogeneration plant and system improvements, He said there will be another Bond resolution before the Board at a later date which would actually allow the BWL to sell the bonds. Motion by Commissioner Lain, seconded by Commissioner Louney, to forward to the full Board the proposed resolution to allow the Administration the authority to publish the Notice of Intent to issue Revenue Bond for Moores Park cogeneration plant and system improvements. Action: Carried unanimously Resolution Authorizing Officials to Make Declaration of Official Intent General Manager Lark stated that under the IRS Code, if any funds are going to be used from the tax-exempt bond issuance to purchase any assets related to the Moores Park Extension there has to be a declaration. This resolution before the Board will authorize designated Administration to make the required declaration of intent. On motion by Commissioner Thomas, seconded by Commissioner Lain, to forward to the full Board the proposed resolution for the delegation of authority to give notice of intent. Action: Carried unanimously 2010 Internal Audit Reports Regular Board Mtg. July 27,2010 Page 11 of 24 Audit Reports were included in the packet for informational purposes only. Excused Absence On motion by Commissioner Lain, seconded by Commissioner Thomas,to excuse the absence of Commissioner Bossenbery. Action: Carried unanimously. There being no further business, the meeting adjourned at 4:25 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee HUMAN RESOURCE COMMITTEE July 20, 2010 The Human Resource Committee of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, July 20, 2010. Human Resource Committee Acting Chairperson Sandra Zerkle called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Tracy Thomas, Marilyn Plummer and Sandra Zerkle. Also present were Commissioners Marge Bossenbery, Peter Kramer and Frank Lain. Absent: Commissioner Tony DeLuca Public Comments There were no public comments, Approval of Minutes Motion by Commissioner Plummer, seconded by Commissioner Thomas to approve the Human Resource Committee meeting minutes of August 12, 2009. Action: Carried unanimously. FY 2010 Board Appointee Performance Review—General Manager General Manager Performance Review General Manager J. Peter Lark requested a closed session for the purpose of receiving his contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a). Regular Board Mtg. July 27,2010 Page 12 of 24 Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 4:70 p.m, Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 5:72 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Mr. Lark, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Action: Carried unanimously FY 2010 Board Appointee Performance Review— Internal Auditor lntemal Auditor Performance Review Internal Auditor Phil Perkins requested a closed session for the purpose of receiving his contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a), Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 5:14 p.m. Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 5:41 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Mr. Perkins, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Action: Carried unanimously FY 2010 Board Appointee Performance Review— Corporate Secretary Regular Board Mtg. July 27,2010 Page 13 of 24 Corporate Secretary Performance Review Corporate Secretary M. Denise Griffin requested a closed session for the purpose of receiving her contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a). Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 5:50 p.m. Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 6.25 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Ms. Griffin, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Action: Carried unanimously Other On motion by Commissioner Thomas seconded by Commissioner Plummer, to excuse the absence of Commissioner Tony DeLuca. Action: Carried unanimously. There being no further business, the Human Resource Committee meeting adjourned at 6:30 p.m. Respectfully submitted, Sandra Zerkle, Acting Chair Human Resource Committee NOMINATING COMMITTEE MINUTES July 20, 2010 The Nominating Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 6:30 p,m, on Thursday, July 20, 2010, Nominating Committee Chair Margaret Bossenbery called the meeting to order and asked the Corporate Secretary to call the roll. The following committee members were present: Commissioners Marge Bossenbery, Pete Kramer, Tracy Thomas and Marilyn Plummer. Absent: None Regular Board Mtg. July 27,2010 Page 14 of 24 Public Comment There were no public comments. Nominate Board Officer Candidates for FY 2009 The Nominating Committee met to review the Commissioner Survey responses for consideration of board officer nominations for fiscal year 2010. Upon discussing and reviewing the submitted survey forms the Nominating Committee recommended a slate of officers for fiscal year 2011. On Motion by Commissioner Bossenbery, seconded by Commissioner by Thomas, the Nominating Committee recommended the follow slate of officer candidates for Fiscal Year 2010-2011: Chair: Sandra Zerkle Vice Chair: Dennis Louney Action: Carried unanimously There being no further business, the meeting adjourned at 6:45 p.m. Respectfully submitted, Margaret Bossenbery Nominating Committee MANAGER'S RECOMMENDATIONS RESOLWTION 2010-07-01 Application of Financial Accounting Standard#71 (FAS#71)to Chilled Water Relocation Project Revenue WHEREAS, pursuant to Resolution#2003-8-3 the Board of Commission requires management to receive Board approval before any deferrals under FAS 71; and WHEREAS, revenue from Christman Capital Development Company(CCDC)for the relocation of the Chilled Water facility in excess of the loss on disposal of the Ottawa Station facility will be set up in a regulatory asset account; and WHEREAS, the regulatory asset account will be amortized over the projected life of the new asset to offset depreciation expense. RESOLVED,that the Board of Commissioners, as the regulatory body of the Board of Water and Light, approve, pursuant to the Financial Accounting Standards(FAS) 71, the appropriate accounting, as described above, for the revenue from the Chilled Water Relocation Project. Motion by Commissioner DeLuca, seconded by Commissioner Kramer to approve Financial Accounting Standards (FAS) 71. Regular Board Mtg. July 27,2010 Page 15 of 24 Action: Carried Unanimously Staff Comments.• This accounting treatment would allow the revenue that exceeded the write off of the old Ottawa Station facility to be spread out over a number ofyears. This would allow Chilled Water rates payers to receive the benefit of the contribution over the life of the new facility by offsetting a portion of the depreciation expense. RESOLUTION 2040-07=02 PROCUREMENT POLICY WHEREAS, Section 5-203.4 of the Lansing City Charter requires the BWL to adopt policies and procedures to assure fairness in procuring personal property and services and disposing of personal property; and WHEREAS, on May 27, 2003 the Board adopted a Purchasing Policy which superseded the previously adopted Purchasing Policy dated July 24, 1990; and WHEREAS, it is desirable to update the Board's Procurement Policy to reflect implementation of SAP processing requirements and aligning the policy to current accounting procedures. RESOLVED, that the Board adopt the attached Procurement Policy dated August 1, 2010 and made effective August 1, 2010. RESOLVED FURTHER, that where the adopted policies do not parallel those of the City's, the Board has determined that the City's policies are inconsistent with the best practices for the operation of a public utility. RESOLVED FURTHER, that the Purchasing Policy adopted May 27, 2003 is superseded as of August 1, 2010 RESOLVED FURTHER, that Resolution 2003-05-06, which adopted the Purchasing Policy, is rescinded as of August 1, 2010. RESOLVED FURTHER, this Procurement Policy provides the foundation for revisions to the Procurement Procedures. Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve the Procurement Policy dated August 1, 2010. Action: Carried Unanimously ................................... Staff Comments The new Procurement Policy dated August 1, 2010 is more concise, and readable. Further, while incorporating current procurement practices, it conforms to SAP processing requirements and aligns with BWL accounting policy and procedures. RESOLUTION.2010-07-03 Regular Board Mtg. July 27,2010 Page 16 of 24 Board of Water and Light of the City of Lansing RESOLUTION AUTHORIZING OFFICIALS TO MAKE DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF TAX-EXEMPT DEBT WHEREAS, from time to time the Board of Water and Light of the City of Lansing (the "Board") determines that it is necessary for the public health, safety and welfare of the Board to acquire or construct buildings, land, property, or equipment to be used for public purposes; and WHEREAS, from time to time the Board determines that it is the best interest of the Board to fund expenditures for the acquisition or construction of buildings, land, property, or equipment to be used for public purposes on a long-term basis with proceeds of bonds or other debt obligations issued in expectation of or in reimbursement of the expenditures; and WHEREAS, the Internal Revenue Service has issued Treasury Regulation §1,150-2 pursuant to the Internal Revenue Code of 1986, as amended (the "Reimbursement Regulations"), governing proceeds of debt used for reimbursement, pursuant to which the Board must declare official intent to reimburse expenditures with proceeds of debt in order for interest on the debt to be tax-exempt; and WHEREAS, the Reimbursement Regulations specify conditions under which a reimbursement allocation may be treated as an expenditure of proceeds of tax-exempt debt, and the Board intends by this resolution to authorize certain members of the Board's Executive Team to declare "official intent" to reimburse expenditures with proceeds of tax-exempt debt within the meaning of the Reimbursement Regulations, so as to qualify expenditures of monies advanced by, or on behalf of, the Board for reimbursement from the proceeds of tax-exempt debt in accordance with the requirements of the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Board hereby designates the following members of the Board's Executive Team as officials who are authorized on behalf of the Board to declare "official intent" of the Board to reimburse itself for expenditures from debt proceeds in accordance with the requirements of the Reimbursement Regulations: the General Manager, the Assistant General Manager and Chief Financial Officer, or the Manager of Finance and Planning (collectively, the "Authorized Officers"). Any one of the Authorized Officers is authorized to take any and all actions necessary to assure that any expenditures advanced by, or on behalf of, the Board prior to issuance of debt are eligible for reimbursement from the proceeds of debt in accordance with the requirements of the Reimbursement Regulations. 2. This resolution does NOT bind the Board to acquire and construct any improvements or to issue any bonds or other obligations of the Board. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Commissioners of the Board of Water and Light of the City of Lansing, State of Michigan, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. Regular Board Mtg. July 27,2010 Page 17 of 24 1 further certify that the following Members were present at said meeting: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members were absent: Sandra Zerkle. I further certify that Member Louney moved for adoption of said resolution and that Member DeLuca supported said motion. I further certify that the following Members voted for adoption of said resolution: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members voted against adoption of said resolution: None M. Denise Griffin -Corporate Secretary Motion by Commissioner Louney and seconded by Commissioner DeLuca to approve the resolution authorizing officials to make declaration of official intent to reimburse expenditures with proceeds of tax-exempt debt. Action: Carried Unanimously Staff Comment: Staff has recently purchased land.and may incur other costs for a facility which the Board will wish to finance with proceeds of tax-exempt bonds. The Internal Revenue Code requires a bond issuer constructing or acquiring a project to be financed by tax-exempt bonds to state intent to reimburse expenditures from bond proceeds at the time of expending the money. This resolution will authorize the General Manager, Assistant General Manager and Chief Financial Officer, or the Manager of Finance and Planning to make the required declaration of intent required by the Internal Revenue Code on behalf of the Board in a timely manner to permit expenditures on the construction project to be financed by future tax-exempt bonds. Adoption of this resolution and signing the Declaration of Intent will not obligate the Board to issue bonds, but it would preserve the option of reimbursing the expenditures with tax-exempt bonds, if bonds are ultimately issued. Expenditures made up to sixty days prior to execution of each Declaration of Intent can be financed with tax-exempt bonds. RESOLUTION.2010-07-04 Lansing Board of Water and Light RESOLUTION AUTHORIZING NOTICE OF INTENT TO ISSUE REVENUE BONDS FOR MOORES PARK REPLACEMENT COGENERATION PLANT AND SYSTEM IMPROVEMENTS Notice of Intent to Issue Revenue Bonds in an amount not-to-exceed $250,000,000 Financing Moores Park Replacement Cogeneration Plant and System Improvements WHEREAS, the City of Lansing (the "City") provides in its City Charter that the Lansing Board of Water and Light (the "Board") has general management over water, heat, steam and electric services and certain additional utility services of the City, and the Board operates the City's Water Supply, Steam, Chilled Water and Electric Utility System (the"System"); and WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended ("Act 94") permits the Board to issue revenue bonds in an amount not-to-exceed $250,000,000 to Regular Board Mtg. July 27,2010 Page 18 of 24 finance the Cogeneration Plant and System Improvements (defined below), and the revenue bonds would be payable solely from the net revenues derived from the operation of the System (the "Revenue Bonds"); and WHEREAS, the Board has determined that it is necessary for the public health, safety and welfare of the City to acquire and construct a Moores Park Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam and electricity including: two combined cycle sets, each set consisting of a combustion turbine, a heat recovery steam generator, a steam turbine; and an auxiliary boiler to provide backup steam service, together with any appurtenances and attachments thereto and any related site acquisition or improvements (the "Cogeneration Plant") at a total estimated cost of Two Hundred Million Dollars ($200,000,000); and WHEREAS, the Board has determined that it is necessary for the public health, safety and welfare of the City to acquire and construct System Improvements including, but not limited to, construction, improvement, and renovation of transmission and distribution lines and related utility system facilities for the water supply, steam, and chilled water systems and electric transmission and distribution lines and related electric utility system facilities, together with any appurtenances and attachments thereto and any related site acquisition or improvements (the "System Improvements") at a total estimated cost of Fifty Million Dollars ($50,000,000); and WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance of the Revenue Bonds in order to comply with the requirements of Section 33 of Act 94, NOW, THEREFORE, BE IT RESOLVED THAT: 1. Publication of Notice of Intent. The Corporate Secretary of the Board is hereby directed to publish a notice of intent to issue the Revenue Bonds once as a display advertisement at least one-quarter(114) page in size in substantially the following form: NOTICE TO ELECTORS OF THE CITY OF LANSING OF INTENT TO ISSUE REVENUE BONDS FOR MOORES PARK REPLACEMENT COGENERATION PLANT AND SYSTEM IMPROVEMENTS AND RIGHT TO PETITION FOR REFERENDUM PLEASE TAKE NOTICE that the Lansing Board of Water and Light intends to authorize the issuance and sale of Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, payable solely from revenues received by the Board from the operations of the Water Supply, Steam, Chilled Water and Electric Utility System (the "System"). The Revenue Bonds would be authorized in the maximum aggregate principal amount of Two Hundred Fifty Million Dollars ($250,000,000). A portion of the proceeds in an amount currently estimated to be $200,000,000 would be issued for the purpose of paying costs to acquire and construct a Moores Park Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam and electricity including two combined cycle sets, each set consisting of a combustion turbine, a heat recovery steam generator, a steam turbine and an auxiliary boiler to provide backup steam service, together with any appurtenances and attachments thereto and any related site acquisition or improvements. A portion of the proceeds in an amount currently estimated to be $50,000,000 would be issued for the purpose of paying costs of System Improvements including, but not limited to, construction, improvement, and renovation of transmission and distribution lines and related utility system facilities for the water supply, steam, and chilled water systems and electric transmission and distribution lines and related electric utility system facilities, together with any appurtenances and attachments thereto and any related site acquisition or improvements. Costs Regular Board Mtg. July 27,2010 Page 19 of 24 financed with proceeds of the Revenue Bonds shall include funding of required bond reserve funds, capitalized interest and costs of issuance. SOURCE OF PAYMENT OF REVENUE BONDS THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLE solely from the net revenues received by the Board from the operations of the System. The revenues will consist of rates, fees and charges billed to the users of the System, a schedule of which is presently on file at the offices of the Lansing Board of Water and Light. The rates, fees and charges may from time to time be revised to provide sufficient net revenues to provide for the expenses of operating and maintaining the System, to pay the principal of and interest on the Revenue Bonds and any other bonds of the System, and to pay other obligations of the System. The Revenue Bonds will not pledge the full faith and credit of the City. The Revenue Bonds will not be a general obligation of the City. The Revenue Bonds may be issued in one or more series and may be combined with bonds issued for other purposes, and each series will mature in not to exceed thirty (30) annual installments with interest at such interest rate or rates to be determined at public or negotiated sale but in no event to exceed such rates as may be permitted by law. RIGHT OF REFERENDUM THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A VALID PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE REVENUE BONDS, SIGNED BY NOT LESS THAN 10%OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK OF THE CITY OF LANSING WITHIN FORTY- FIVE (45) DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE. If a valid petition is filed, the Revenue Bonds cannot be issued unless approved by a majority vote of the electors of the City voting on the question of their issuance, THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended. ADDITIONAL INFORMATION may be obtained at the administrative offices of the Lansing Board of Water and Light, 1232 Haco Drive, Lansing, Michigan 48901. M. Denise Griffin, Corporate Secretary Lansing Board of Water and Light 2. Sufficiency of Notice. The Corporate Secretary is hereby directed to publish the notice of intent in The City Pulse, a newspaper of general circulation in the City qualified under State law to publish legal notices, which is hereby determined to be the newspaper that will reach the largest number of persons to whom the notice is directed, The Board hereby determines that the notice of intent and the manner of publication directed is the method best calculated to give notice to the electors of the City and the users of the System of the Board's intent to issue the Revenue Bonds, the purposes of the Revenue Bonds, the source of payment of the Revenue Bonds, and the right of referendum relating thereto. 3. Bond Counsel. The Board requests that that Miller, Canfield, Paddock and Stone, P.L.C. ("Miller Canfield") continue to serve the Board as bond counsel with respect to the Revenue Bonds. The Board acknowledges that Miller, Canfield represents many potential participants in the bond financing process in matters not related to issuance and sale of the Revenue Bonds, including municipal bond underwriters, banks, and financial institutions. Regular Board Mtg. July 27,2010 Page 20 of 24 4. Financial Advisor. The Board requests that that Robert W. Baird & Co. continue to serve the Board as Financial Advisor for the Revenue Bonds. 5. Conflictinq Resolutions, All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Commissioners of the Lansing Board of Water and Light, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. 1 further certify that the following Members were present at said meeting: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members were absent: Sandra Zerkle I further certify that Member Thomas moved for adoption of said resolution and that Member Louney supported said motion I further certify that the following Members voted for adoption of said resolution: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members voted against adoption of said resolution: None M. Denise Griffin -Corporate Secretary Motion by Commissioner Thomas and seconded by Commissioner Louney to approve the resolution authorizing notice of intent to issue revenue bonds for Moores Park replacement cogeneration plant and system improvements. Action: Carried Unanimously RESOLUTION 2010-07-05. Designated Representative and Alternate Designated Representatives to Comply with Clean Air Act RESOLVED, that the General Manager be authorized to appoint Board of Water& Light(BWL) staff to be the BWL's designated representative and alternate designated representative, for the purpose of reporting to the Environmental Protection Agency(EPA) under the Clean Air Act; and RESOLVED FURTHER, that the designated representative and the alternate designated representative are authorized to bind the BWL, by their respective actions, inactions, and submissions with respect to the Clean Air Act. Motion by Commissioner Kramer, seconded by Commissioner Louney to approve the resolution to designate a representative and alternate representative to comply with the Clean Air Act. Action: Carried Unanimously -------------------- Regular Board Mtg. July 27,2010 Page 21 of 24 Staff Comments The Clean Air me a Ais recommends that the owner also name an alternate designated affectedequires the owners of an a designated representative representative to sign and certify all submissions. -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS The Nominating Committee recommended a late of ers for the 2010-2011 Fiscal Year. The and Commissioner Louney as the Vice slate of officers included Commissioner Zerkle as the Chair Chair. Vice Chairman Lain asked if there were any nominations from the floor. With no nominations from the floor,the nominations were closed. issioner Moved by Commissioner Bossenbery and supported committee mwith Commriss one�Zerple as the rove the slate of officers as recommended by the Nominating Chair and Commissioner Louney as the Vice Chair. Action: Carried unanimously. Vice Chair Lain offered the gavel to new Vice Chair Dennis work asLouney. the Vice Chair and iniho�ored tof uney ated that he appreciated Commissioner Lain and all of his follow in his position and would appreciate it if Commissioner Lain would finish chairing today's meeting. Commissioner Lain stated that this is truly an Chair. honor and pleasure for him and with Commissioner Louney you could not get a better Vice RESOLUTIONS RESOLUTION 2010-07-06 Appointment of the Charter Position of Director and General Manager The Board's Rules of Administrative Procedures specify that th e Boarpe tidd is to appoi its fi t nt a Direregular for and General Manager, Internal Auditor, and CorporateSecretary, meeting following July 1st of each year or as soon thereafter as may be appropriate. RESOLVED,That the Board of CommissManagerners fobfiscal year 2010 2011oints the n ornduinttl aasu�successor tile is Charter position of Director and General appointed, whichever last occurs: J. Peter Lark, Director and General Manager Regular Board Mtg. July 27,2010 Page 22 of 24 FURTHER RESOLVED, That Mr. Lark shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2015, or until a successor is appointed, whichever later occurs. Motion by Commissioner DeLuca, andseconded rab Manager for fiscal yeae 201ner Kramr to reappoint J. Peter Lark to the Charter position of Director Action: Carried Unanimously RESOLUTION 2010-07-07, Appointment of the Charter Position of Internal Auditor The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and General Manager, Internal Aeachr eardor as Corporate thereafter a respectively ay be appropriate first regular meeting following July 1 Y RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter position of Internal Auditor for fiscal year 2010-2011, or, until a successor is appointed, whichever last occurs: Philip Perkins, Internal Auditor FURTHER RESOLVED, That Mr. Perkins shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed, whichever later occurs. Motion by Commissioner Kramer,, seconded b commissioner ear Thomas to reappoint Phillip Perkins to the Charter position of Internal Auditor for 11. Action: Carried Unanimously RESOLUTION 2010=07-08 Appointment of the Charter Position of Corporate Secretary The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular meeting following July 1st of each year or as soon thereafter as may be appropriate. RESOLVED, That the Board of Secretarysioners hereby fiscal year 20p0 2011points thorfolnttil is sucdCessoaliso the Charter position of Corporatery appointed, whichever last occurs: M. Denise Griffin, Corporate Secretary Regular Board Mtg, July 27,2010 Page 23 of 24 FURTHER RESOLVED,That M. Denise Griffin shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed,whichever later occurs. Motion by Commissioner Thomas, seconded by Commissioner Plummer to reappoint M, Denise Griffin to the Charter position of Corporate Secretary for fiscal year 2010-2011. Action: Carried Unanimously MANAGER'S REMARKS General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery. He also thanked Commissioner Kramer for his work and great leadership as a Board of Water& Light Commissioner and stated that it has been a delight to work with him. General Manager Lark spoke about the newspaper reviews regarding the new co-generation plant. He stated that Mark Nixon masterminded it roll out tl ere wasnd he should a lot of support some praise. General Manager Lark stated thatpublc forum General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery. He also thanked Commissioner Kramer for his work and great leadership as a Board of Water& Light Commissioner and stated that it has been a delight to work with him. General Manager Lark spoke about the amount of positive response and reviews that has been received regarding the new co-generation plant. He stated that Mark Nixon arranged an excellent roll out and he should get some praise. General Manager Lark stated that Beverly Bishop is retiring from the Board. He presented Beverly Bishop with a tribute plaque for her years of service at the Board of Water& Light,just of 45 years. General Manager Lark said that she is a great of the life human the it was a real pleasure to work with her. He said that Bev has served for than 1/3 L. Vice Chair Lain and Commissioner Kramer presented Beverly with a card Bflowers oard of on eh&f of the Board of Commissioners. Vice Chair Lain stated that Beverly Is a part of Light's history. COMMISSIONERS' REMARKS Commissioner Kramer thanked the Management team for all of the support that they have shown him over the last 3 years. He said that he has sincerely appreciated his time here at the Board. He said that he has enjoyed serving with such a great group of commissioners. Commissioner Thomas thanked Commissioner Kramer for taking him under his wing when he first started on the Board and said that he appreciated everything that he did. He thanked Commissioner Lain for doing a great job as the Vice Chair of the Board and welcomes the new Vice Chair. He thanked Beverly Bishop for her years of service and all that she has done for the Board. Commissioner Thomas congratulated Mike Flowers, BWL's Director of Personnel for all of the good things that he has been hearing about him and for continuing to make the BWL look good. PUBLIC COMMENTS Regular Board Mtg. July 27,2010 Page 24 of 24 There were no public comments. EXCUSED ABSENCE On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse the absence of Commissioner Zerkle from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner Kramer, seconded by Commissioner Plummer the meeting adjourned at 6:10p,m, M. Denise Griffin, Corporate Secretary Preliminary Wr ules filed Ynth Lansing City Clerk an August 5,2010 Final Approved Minutes filed vrilh Lansing City Clerk on September 29,2M Preliminary Minutes To be approved on 9•28•70 MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT July 27, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Vice Chairperson Lain called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney Marilyn Plummer and Tracy Thomas. Absent: Commissioner Sandra Zerkle The Corporate Secretary declared a quorum present. Commissioner Plummer led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Bossenbery seconded by Commissioner Thomas to approve the minutes of the Regular Board Meeting of May 25, 2010. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. ------------------- COMMUNICATIONS Letter of resignation from Board of Water& Light Commissioner Peter Kramer effective July 31, 2010. Received and Place on File Regular Board Mtg. July 27,2010 Page 2 of 24 -------------------- COMMITTEE REPORTS FINANCE COMMITTEE June 8, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, June 8, 2010. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Dennis Louney(arrived at 4:11 p.m.) Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present Board member Tony DeLuca. Absent: Frank Lain. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Thomas, seconded by Commissioner Bossenbery to approve the Finance Committee meeting minutes of April 27, 2010. Action: Carried unanimously. Defined Benefit and VEBA Quarterly Updates • FY 3rd Quarter 2010 Reports General Manager J. Peter Lark introduced Michael Muirhead, Associate Financial Advisor for Merrill Lynch Institutional Consulting Group who provided a 31d quarter update and report on the Defined Benefit(DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. The update included information on Investment Managers" Performance, Total Portfolio Performance, Asset and Manager Fund Allocations and Distribution of Returns. Also included in the report is an update on Fund Manager Scores and Market Indices and Portfolio Information. Mr. Muirhead stated that there was a dramatic turnaround in the market over a six week period and that allowed the equity to finish positively during the first quarter. Chair Kramer expressed concern with some of the unfavorable performances from the Investment Managers. In response to Chair Kramer's concerns, Mr. Muirhead stated that every quarter there is going to be divergences between the various fund's performance versus benchmarks. He stated the Board's approach continues to be solid and just as some funds are trailing today, since the various funds inception have had periods of time when they have out performed the benchmarks. Regular Board Mtg. July 27,2010 Page 3 of 24 Commissioner Kramer questioned what the expectations are when looking at our fund portfolio versus the appropriate benchmarks. In response to Chair Kramer's question, Mr. Muirhead stated that every 90 days Merrill Lynch monitors how the money is invested and how it is allocated to make sure that the investment managers are managing the dollars in accordance with why they were hired. It means monitoring their process, their people and their philosophy to make sure they are holding true to that fund's investment philosophy. Ms. Devon indicated that Merill Lynch was retained under Merrill's expectation that they could beat the benchmark by 200 bps over time using the active management technique. From an evaluation prospective, Mr. Muirhead stated they believe that investment managers and investment strategies need at least three years in order to be able to evaluate how those managers are performing. DB Performance Summary FY 2010 Third Quarter Ended March 31, 2010 Absolute Performance Sources of Funds(S)-in thousands Current Quarter(en&q 313712010 Since Investment Strategy Inception(313112009 Beginning Market Value 80,232 66,078 Net Contribution -2,009 -8,755 Investment of Earnings 2,990 23,890 Ending Market Value 81,213 81,213 VEBA Performance Summary FY 2010 Third Quarter Ended March 31, 2010 Absolute Performance Sources of Funds(SJ-in thousands Current Quarter(ending 313112070) Since Investment Strategy Inception(313 712 0 0 9 Beginning Market Value 74,548 47,265 Net Contribution 3,244 15,552 Investment of Earnings 2,886 17,861 Ending Market Value 80,678 80,678 The complete 31d Quarter Reports are on file in the Office of the Corporate Secretary and available for public viewing. ICMA Annual Update Sandra Rouse-Thames, Director of Strategic Relations, provided background information on the ICMA-RC plans. Ms. Rouse-Thames reviewed the Assets and Plan Asset Allocation for the 401 and 457 plans, which included a breakdown of Plan Asset Allocation by age. She stated that the full Annual Service Review Plan review is available with Bill Aldrich, Board of Water& Light's Manager of Financial Services. John McCann, Regional Vice President provided an overview of the Fund Lineup and the plan activities of the 401 and 457 Plans, Retirement Plan Specialist Linda Brooks reviewed the 2009-2010 education activities that occurred over the past year. The educational activities included individual consultations and seminars. She also spoke about upcoming seminars that will explore the establishment of the Roth IRAs and payroll deduction. Regular Board Mtg. July 27,2010 Page 4 of 24 Financial Accounting Standard (FAS) 71 Approval General Manager Lark provided a review of FAS 71 to account for contributions associated with the new chiller plant facility. He stated that FAS 71 is an accounting technique in which the goal is to match cost and revenue. Mr. Lark requested that he Finance Committee move a resolution to the full Board that would allow the revenue that exceeded the write off of the Old Ottawa Station facility to be spread over the life of the new Chiller Plant. On motion by Commissioner Louney, seconded by Commissioner Bossenbery,to forward to the full Board the proposed resolution to consider the Application FAS#71 for the Ottawa Station facility to be set up in a regulatory asset account. Action: Carried unanimously Internal Audit Update Internal Audit Status Report Internal Auditor Phil Perkins presented an overview of Internal Auditors Status Report that included: • Audits and Reviews completed to date in FY2010 and Audit/Reviews in progress • Planning/Risk Assessments for FY2011 • Audit Reports completed since last update Contracted Internal Auditor Charles Moore assisted Internal Auditor Perkins in reviewing the completed Audit Reports. The completed Audit Reports included Electric Transmission & Distribution System Audit, Engineering Services-Annual Projects, Fuel Procurement Follow-up and Cash Receipts Follow-up. This report is presented in two parts. Part One of this report is the Executive Summary that contains an outline of findings, recommendations and management responses. Part Two of the report is a detailed audit report that contains a description of programs and activities; audit objectives, scope and methodology and prior audit follow-up; comments, findings, recommendations, and management responses; and a glossary of acronyms and terms. The complete Internal Audit Status Report is on file in the Office of the Corporate Secretary and is available for public viewing. Excused Absence On motion by Commissioner Louney, seconded by Commissioner Bossenbery, to excuse the absence of Commissioner Lain. Action: Carried unanimously. There being no further business, the meeting adjourned at 5:30 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee Regular Board Mtg. July 27,2010 Page 5 of 24 COMMITTEE OF THE WHOLE July 13, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, July 13, 2010. Committee of the Whole Chair Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney, Frank Lain, Marilyn Plummer and Tracy Thomas. Absent: Commissioner Sandra Zerkle Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney seconded by Commissioner Zerkle to approve the Committee of the Whole meeting minutes of May 11, 2010. Action: Carried unanimously. Resolution for Authority to Designate Representative to EPA General Manager J. Peter Lark stated that the proposed resolution would allow him authority to designate representatives for the purpose of reporting to the Environmental Protection Agency (EPA) under the Clean Air Act, He asks that the Committee forward the resolution to the full board for consideration. On motion by Commissioner DeLuca, seconded by Commissioner Plummer, to move the proposed resolution for designating representatives to the EPA to the full board for consideration and approval. Action: Carried unanimously. Moore's Park Life Extension (Information Only) General Manager J. Peter Lark presented the Board of Commissioners with the 2010 Moores Park Steam Replacement proposal. General Manager Lark stated that there are four steam boilers at the Moores Park steam production plant that produce steam for about 225 customers. Those customers are some of the largest entities in the City of Lansing, including General Motors, City of Lansing, LCC, Boji Group Tower, Ingham County and the Accident Fund. Regular Board Mtg. July 27,2010 Page 6 of 24 General Manager Lark stated that about a year ago he came up with an idea of how to address the problems at the aging Moores Park Plant. Since that time the Environmental Protection Agency (EPA) has proposed stricter regulations for industrial boiler emission. These regulations will cost the BWL anywhere from$30 to over$100 Million to bring the steam boilers into compliance with them. In addition, the steam boilers are aging, 3 of them are 55 years old and almost beyond their life expectancy. With the new EPA rules the boilers will probably have to be replaced by the end of 2013 and upgrading is really not an option. Mr. Lark directed his Strategic Planning group to conduct a life extension study for the purpose of determining the best option regarding Moores Park. That study resulted in the proposed plan to build a natural gas combined-cycle cogeneration plant that will be located in Reo Town. The building will include 180 offices with a goal to have the new facility LEED-certified. The project will be an economic development boost to REO town and a positive step in the revitalization of the area. The project will also create about 1000 construction jobs, as well. George Stojic, Executive Director of Strategic Planning, stated that this project was initially centered on the Moores Park steam plant and was prompted by the need to comply with some tough environmental regulations being promulgated by the EPA as well as needing to make some substantial capital and maintenance related expenditures to keep the plant operational. Both the maintenance and the environmental expenditures are major operational and financial challenges for the Board of Water& Light. There are also challenges with the electric generation side of the business, especially with the smaller Eckert units. Eckert has 3 smaller units and 3 larger units. The 3 smaller units share some characteristics with the Moores Parks units in that they are old and quite inefficient. The units have rising operational and maintenance costs and will also face some very tough environmental compliance issue in the near term. We have parallel requirements on the steam side and electric side and it makes sense to address the problems simultaneously as it is much more cost effective and efficient to do so. Mr. Stojic said that we asked ourselves if it is worth sinking significant money into Moores Park in the light of the fact that we will also be losing our electric generation units 1, 2 and 3 at Eckert and we are going to need some additional generating capacity on the electric side of the business. As part of the planning process we developed a financial model considering various options to determine what each would cost over a 25 year planning period. Staff considered three options to maintaining or replacing the Moores Park facility. Two of those options involve a natural gas combined-cycle cogeneration plant. This type of plant is one of the most efficient ways of producing electricity. What it involves is simply mixing air and fuel in a jet engine and allowing it to turn a generator and then capturing the hot exhaust to produce steam, doing one of two things with it, either sending it out to customers as steam for heat or turning another electric generator. Staff looked at two combined-cycle units, a larger and a smaller one.A third option was to simply build a natural gas boiler for steam generation. That would be the simplest solution and the least capital extensive, but was very expensive to operate. Staff determined that the least expensive and most cost effective option would be to address the steam and electric issues together with a large natural gas combined-cycle cogeneration plant. Regular Board Mtg. July 27,2010 Page 7 of 24 Dick Peff ley, Executive Director of Water Utility& Special Projects, stated that his responsibility in this project is design and structure. There are three major components of the project. The first is the construction of the new plant, which will be located at 1203 S. Washington,just north of the railroad tracks. We have an option to purchase that property until the end of January of next year. This is one of four sites that were looked at and is the least cost option to build. This plant will take 18 months to construct. The second part of the project is the renovation of the South Washington train station. This is a 4200 sq. ft. building and came as part of the property. The building was built in the early 1900's and is currently listed on the Michigan Historic Registry, so that influences what can be done with this building. After successful completion of the plant, the demolition of the existing Moores Park plant will begin. All of the obsolete equipment from the inside and outside will be removed, The building will be left for future use. Susan Devon, Assistant General Manager and Chief Financial Officer, stated that the cost of the plant is about$182 Million and that bonds would be issued to pay for the new plant. The Bonds will be paid off over a 28 year period, General Manage Lark stated that on Thursday they will be meeting with the Lansing State Journal's Editorial Board and there will be an open forum next Wednesday for any feedback. Action: Carried unanimously. Excused Absence None Other General Manager Lark thanked his Administration for all of their effort on the Moores Park life extension project. He also thanked George Stojic for all of his effort on the water contracts. Adiourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 7:00 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole FINANCE COMMITTEE July 13, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, July 13, 2010. Regular Board Mtg. July 27,2010 Page 8 of 24 Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Dennis Louney. Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present Board members Tony DeLuca and Marilyn Plummer(arrived 4:10). Absent: Commissioner Margaret Bossenbery. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney, seconded by Commissioner Lain to approve the Finance Committee meeting minutes of June 8, 2010. Action: Carried unanimously. FAS 114 External Audit Report (FY 2010) Presented by Shaun Krick, CPA, Plante & Moran General Manager Lark introduced external auditor Shaun Krick, Manager with Plante Moran (P&M) who reviewed and presented the FAS 114 External Audit Report. Mr. Krick stated that the Financial Account Standard (FAS) 114 is a statement of auditing standards that involve communications between the external auditors and the Governing Board. It requires the external auditor report and updates the charged Governance with anticipated audit plans and any significant issue findings that are reasonably anticipated during the year as well as anticipated ways to solve those issues and gather information from the Board pertaining to areas that may be of concern regarding an increased risk of material misstatement in financial records. Mr. Krick reviewed some of the risk areas that have been identified and will be taking a closer look at: Capitalization & disposal of capital assets. This is probably the second most significant activity at the Board of Water& Light other than producing power. Purchase of&accounting for inventory. The auditors will be doing some limited observations procedures on third party coal measurements and the other material stores. Recognition of revenue, including unbilled This is one of the most significant activity and the auditors will be reviewing accounting records for appropriate support and correct amounts. Regular Board Mtg. July 27,2010 Page 9 of 24 Understatement of accounts payables &other liabilities This is a standard item of risk and is something that the auditors will be focused on. Environmental remediation This is anything related to landfills or any other items that the Board of Water& Light has obliged itself to take care of related to environmental issues. This area will be observed to make sure that value is recorded appropriately. Indirect cost capitalization rate There were comments in last year's audit in this particular area. The BWL administration staff has conducted an in-depth study in support of its capitalization rate during the current fiscal year. That study has been submitted to Plante Moran for our review. Investment activity, contributions &disbursement-pension plans This area will be focused on since it has the most significant activity with three of the four pension plans, VEBA, Defined Benefit and Defined Contribution. Also any other significant transactions that have occurred during the year will be reviewed to make sure all documentation for transactions are appropriately supported. In response to the required discussion points mentioned on page#12 of the presentation, Commissioner Kramer stated that the Board should maintain the same policy that was in place the previous year and that Susan Devon, Assistant General Manager and Chief Financial Officer should be the contact person. Mr. Krick asked the Board of Commissioners if there were any areas of concern for either an increased risk of material misstatement or fraud or if there was an area where they should be spending additional time. In response to Mr. Krick's questions Commissioners' Kramer and Lain stated that there were no areas of concern. A complete copy of the Plante&Moran Audit of June 30,2010 Financial Statements&Related Pension Plans Presentation is on file in the Corporate Secretary's office, Purchasing Policy Exception Reports FY2010 PURCHASING REPORTS FOR BWL COMMISSIONERS The General Manager shall report the following items to the BWL Commissioners on a yearly basis or as otherwise defined in the Purchasing Procedures: A. Sole source contracts in an amount equal to or greater than $5,000. B. Emergency contracts in an amount equal to or greater than $5,000. C, Purchasing Policy and procedure violations during the fiscal year to date (as of June 30). D. Professional service and consulting contracts in an amount equal to or greater than $50,000 per year. Regular Board Mtg. July 27,2010 Page 10 of 24 E. Contracts with a term exceeding thirty-six consecutive months. F. Documentation of delegated purchasing authority. G. Purchasing Procedure revisions. H. Litigation pertaining to any particular contract covered by the Purchasing Policy. I. Efforts to use Local businesses and Diverse Vendor. J. Categories of purchases, other than those specifically excluded by this policy in Section 5-00, that the General Manager or designee has deemed necessarily excluded from the Purchasing Policy because of the nature of the product or service. The General Manager presented the required reports to the committee. A detailed copy of the Purchasing Policy Report is on rite in the Corporate Secretary's office. Resolution for Revising Purchasing Policy General Manager Lark introduced Dan MacLennan, Manager of Purchasing and Warehousing. Mr. MacLennan presented the Board with a PowerPoint presentation on Procurement Policy. The presentation also included details of the policy revision purpose. A detailed copy of the Purchasing Policy Report PowerPoint presentation is on file in the Corporate Secretary's office. The Board of Water&Light Procurement Policy is on file in the Office of the Corporate Secretary. On motion by Commissioner Lain, seconded by Commissioner Thomas, to forward to the full Board the proposed resolution to consider revisions to the Procurement Procedures. Action; Carried unanimously Notice of Intent to Issue Bonds Resolution General Manager Lark presented the Board with a resolution to allow the Administration the authority to publish a Notice of Intent to issue Revenue Bonds for Moores Park cogeneration plant and system improvements. He said there will be another Bond resolution before the Board at a later date which would actually allow the BWL to sell the bonds. Motion by Commissioner Lain, seconded by Commissioner Louney, to forward to the full Board the proposed resolution to allow the Administration the authority to publish the Notice of Intent to issue Revenue Bond for Moores Park cogeneration plant and system improvements. Action: Carried unanimously Resolution Authorizing Officials to Make Declaration of Official Intent General Manager Lark stated that under the IRS Code, if any funds are going to be used from the tax-exempt bond issuance to purchase any assets related to the Moores Park Extension there has to be a declaration. This resolution before the Board will authorize designated Administration to make the required declaration of intent. On motion by Commissioner Thomas, seconded by Commissioner Lain, to forward to the full Board the proposed resolution for the delegation of authority to give notice of intent. Regular Board Mtg. July 27,2010 Page 11 of 24 Action: Carried unanimously 2010 Internal Audit Reports Audit Reports were included in the packet for informational purposes only. Excused Absence On motion by Commissioner Lain, seconded by Commissioner Thomas, to excuse the absence of Commissioner Bossenbery. Action: Carried unanimously. There being no further business, the meeting adjourned at 4:25 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee HUMAN RESOURCE COMMITTEE July 20, 2010 The Human Resource Committee of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, July 20, 2010, Human Resource Committee Acting Chairperson Sandra Zerkle called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Tracy Thomas, Marilyn Plummer and Sandra Zerkle. Also present were Commissioners Marge Bossenbery, Peter Kramer and Frank Lain. Absent: Commissioner Tony DeLuca Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Plummer, seconded by Commissioner Thomas to approve the Human Resource Committee meeting minutes of August 12, 2009. Action: Carried unanimously. FY 2010 Board Appointee Performance Review—General Manager General Manager Performance Review Regular Board Mtg. July 27,2010 Page 12 of 24 General Manager J. Peter Lark requested a closed session for the purpose of receiving his contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a). Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 4:10 p.m. Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 5.12 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Mr. Lark, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Action: Carried unanimously FY 2010 Board Appointee Performance Review— Internal Auditor Internal Auditor Performance Review Internal Auditor Phil Perkins requested a closed session for the purpose of receiving his contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a). Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 5:74 p.m. Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 541 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Mr. Perkins, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Regular Board Mtg. July 27,2010 Page 13 of 24 Action: Carried unanimously FY 2010 Board Appointee Performance Review— Corporate Secretary Corporate Secretary Performance Review Corporate Secretary M. Denise Griffin requested a closed session for the purpose of receiving his contractual year-end performance evaluation as permitted by Open Meetings Act exemption MCL 15.268(a). Motion by Commissioner Plummer, seconded by Commissioner Thomas to go into closed session. Action: Carried unanimously. The Human Resource Committee meeting went in to closed session at 5:50 p.m. Motion by Commissioner Thomas, seconded by Commissioner Plummer that the Human Resource Committee returned to open session. Action: Carried unanimously The Human Resource Committee meeting reconvened in open session at 6.25 p.m. Upon conclusion of the closed session, the Human Resource Committee took the following action: Motion by Commissioner Thomas and seconded by Commissioner Plummer to reach a contractual agreement with Ms. Griffin, the Human Resources Committee authorizes the Board Chair to finalize details with Legal Counsel. Action: Carried unanimously Other On motion by Commissioner Thomas seconded by Commissioner Plummer, to excuse the absence of Commissioner Tony DeLuca. Action: Carried unanimously. There being no further business, the Human Resource Committee meeting adjourned at 6:30 p.m. Respectfully submitted, Sandra Zerkle, Acting Chair Human Resource Committee NOMINATING COMMITTEE MINUTES July 20, 2010 The Nominating Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 6:30 p.m. on Thursday, July 20, 2010. Regular Board Mtg. July 27,2010 Page 14 of 24 Nominating Committee Chair Margaret Bossenbery called the meeting to order and asked the Corporate Secretary to call the roll. The following committee members were present: Commissioners Marge Bossenbery, Pete Kramer, Tracy Thomas and Marilyn Plummer. Absent: None Public Comment There were no public comments. Nominate Board Officer Candidates for FY 2009 The Nominating Committee met to review the Commissioner Survey responses for consideration of board officer nominations for fiscal year 2010. Upon discussing and reviewing the submitted survey forms the Nominating Committee recommended a slate of officers for fiscal year 2011. On Motion by Commissioner Bossenbery, seconded by Commissioner by Thomas, the Nominating Committee recommended the follow slate of officer candidates for Fiscal Year 2010-2011: Chair: Sandra Zerkle Vice Chair: Dennis Louney Action: Carried unanimously There being no further business, the meeting adjourned at 6:45 p.m. Respectfully submitted, Margaret Bossenbery Nominating Committee MANAGER'S RECOMMENDATIONS RESOLUTION 2010-07-01 Application of Financial Accounting Standard #71 (FAS #71)to Chilled Water Relocation Project Revenue WHEREAS, pursuant to Resolution#2003-8-3 the Board of Commission requires management to receive Board approval before any deferrals under FAS 71; and WHEREAS, revenue from Christman Capital Development Company(CCDC)for the relocation of the Chilled Water facility in excess of the loss on disposal of the Ottawa Station facility will be set up in a regulatory asset account; and WHEREAS, the regulatory asset account will be amortized over the projected life of the new asset to offset depreciation expense. Regular Board Mtg. July 27,2010 Page 15 of 24 RESOLVED, that the Board of Commissioners, as the regulatory body of the Board of Water and Light, approve, pursuant to the Financial Accounting Standards(FAS) 71, the appropriate accounting, as described above, for the revenue from the Chilled Water Relocation Project. Motion by Commissioner DeLuca, seconded by Commissioner Kramer to approve Financial Accounting Standards(FAS)71. Action: Carried Unanimously Staff Comments: This accounting treatment would allow the revenue that exceeded the write off of the old Ottawa Station facility to be spread out over a number ofyears. This would allow Chilled Water rates payers to receive the benefit of the contribution over the life of the new facility by offsetting a portion of the depreciation expense. RESOLUTION 2010-07-02 PROCUREMENT POLICY WHEREAS, Section 5-203.4 of the Lansing City Charter requires the BWL to adopt policies and procedures to assure fairness in procuring personal property and services and disposing of personal property; and WHEREAS, on May 27, 2003 the Board adopted a Purchasing Policy which superseded the previously adopted Purchasing Policy dated July 24, 1990; and WHEREAS, it is desirable to update the Board's Procurement Policy to reflect implementation of SAP processing requirements and aligning the policy to current accounting procedures. RESOLVED, that the Board adopt the attached Procurement Policy dated August 1, 2010 and made effective August 1, 2010. RESOLVED FURTHER, that where the adopted policies do not parallel those of the City's, the Board has determined that the City's policies are inconsistent with the best practices for the operation of a public utility. RESOLVED FURTHER, that the Purchasing Policy adopted May 27, 2003 is superseded as of August 1, 2010 RESOLVED FURTHER, that Resolution 2003-05-06, which adopted the Purchasing Policy, is rescinded as of August 1, 2010. RESOLVED FURTHER, this Procurement Policy provides the foundation for revisions to the Procurement Procedures. Motion by Commissioner Thomas, seconded by Commissioner Plummer to approve the Procurement Policy dated August 1, 2010. Action: Carried Unanimously ................................... Regular Board Mtg. July 27,2010 Page 16 of 24 Staff Comments The new Procurement Policy dated August 1, 2010 is more concise, and readable. Further, while incorporating current procurement practices, it conforms to SAP processing requirements and aligns with BWL accounting policy and procedures. RESOLUTION 2010-07-03 Board of Water and Light of the City of Lansing RESOLUTION AUTHORIZING OFFICIALS TO MAKE DECLARATION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF TAX-EXEMPT DEBT WHEREAS, from time to time the Board of Water and Light of the City of Lansing (the "Board") determines that it is necessary for the public health, safety and welfare of the Board to acquire or construct buildings, land, property, or equipment to be used for public purposes; and WHEREAS, from time to time the Board determines that it is the best interest of the Board to fund expenditures for the acquisition or construction of buildings, land, property, or equipment to be used for public purposes on a long-term basis with proceeds of bonds or other debt obligations issued in expectation of or in reimbursement of the expenditures; and WHEREAS, the Internal Revenue Service has issued Treasury Regulation §1.150-2 pursuant to the Internal Revenue Code of 1986, as amended (the "Reimbursement Regulations"), governing proceeds of debt used for reimbursement, pursuant to which the Board must declare official intent to reimburse expenditures with proceeds of debt in order for interest on the debt to be tax-exempt; and WHEREAS, the Reimbursement Regulations specify conditions under which a reimbursement allocation may be treated as an expenditure of proceeds of tax-exempt debt, and the Board intends by this resolution to authorize certain members of the Board's Executive Team to declare "official intent" to reimburse expenditures with proceeds of tax-exempt debt within the meaning of the Reimbursement Regulations, so as to qualify expenditures of monies advanced by, or on behalf of, the Board for reimbursement from the proceeds of tax-exempt debt in accordance with the requirements of the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Board hereby designates the following members of the Board's Executive Team as officials who are authorized on behalf of the Board to declare "official intent" of the Board to reimburse itself for expenditures from debt proceeds in accordance with the requirements of the Reimbursement Regulations: the General Manager, the Assistant General Manager and Chief Financial Officer, or the Manager of Finance and Planning (collectively, the "Authorized Officers"). Any one of the Authorized Officers is authorized to take any and all actions necessary to assure that any expenditures advanced by, or on behalf of, the Board prior to issuance of debt are eligible for reimbursement from the proceeds of debt in accordance with the requirements of the Reimbursement Regulations. 2. This resolution does NOT bind the Board to acquire and construct any improvements or to issue any bonds or other obligations of the Board. 3. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. Regular Board Mtg. July 27,2010 Page 17 of 24 1 hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Commissioners of the Board of Water and Light of the City of Lansing, State of Michigan, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. 1 further certify that the following Members were present at said meeting: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members were absent: Sandra Zerkle. I further certify that Member Louney moved for adoption of said resolution and that Member DeLuca supported said motion. I further certify that the following Members voted for adoption of said resolution: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members voted against adoption of said resolution: None M. Denise Griffin-Corporate Secretary Motion by Commissioner Louney and seconded by Commissioner DeLuca to approve the resolution authorizing officials to make declaration of official intent to reimburse expenditures with proceeds of tax-exempt debt. Action: Carried Unanimously Staff Comment: Staff has recently purchased land and may incur other costs for a facility which the Board will wish to finance with proceeds of tax-exempt bonds. The Internal Revenue Code requires a bond issuer constructing or acquiring a project to be financed by tax-exempt bonds to state intent to reimburse expenditures from bond proceeds at the time of expending the money. This resolution will authorize the General Manager, Assistant General Manager and Chief Financial Officer, or the Manager of Finance and Planning to make the required declaration of intent required by the Internal Revenue Code on behalf of the Board in a timely manner to permit expenditures on the construction project to be financed by future tax-exempt bonds. Adoption of this resolution and signing the Declaration of Intent will not obligate the Board to issue bonds, but it would preserve the option of reimbursing the expenditures with tax-exempt bonds, if bonds are ultimately issued. Expenditures made up to sixty days prior to execution of each Declaration of Intent can be financed with tax-exempt bonds. RESOLUTION 2010-07-04 Lansing Board of Water and Light RESOLUTION AUTHORIZING NOTICE OF INTENT TO ISSUE REVENUE BONDS FOR MOORES PARK REPLACEMENT COGENERATION PLANT AND SYSTEM IMPROVEMENTS • Notice of Intent to Issue Revenue Bonds in an amount not-to-exceed $250,000,000 • Financing Moores Park Replacement Cogeneration Plant and System Improvements Regular Board Mtg. July 27,2010 Page 18 of 24 WHEREAS, the City of Lansing (the "City") provides in its City Charter that the Lansing Board of Water and Light (the "Board") has general management over water, heat, steam and electric services and certain additional utility services of the City, and the Board operates the City's Water Supply, Steam, Chilled Water and Electric Utility System (the"System"); and WHEREAS, the Revenue Bond Act, Act 94, Public Acts of Michigan, 1933, as amended ("Act 94") permits the Board to issue revenue bonds in an amount not-to-exceed $250,000,000 to finance the Cogeneration Plant and System Improvements (defined below), and the revenue bonds would be payable solely from the net revenues derived from the operation of the System (the "Revenue Bonds"); and WHEREAS, the Board has determined that it is necessary for the public health, safety and welfare of the City to acquire and construct a Moores Park Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam and electricity including: two combined cycle sets, each set consisting of a combustion turbine, a heat recovery steam generator, a steam turbine; and an auxiliary boiler to provide backup steam service, together with any appurtenances and attachments thereto and any related site acquisition or improvements (the "Cogeneration Plant") at a total estimated cost of Two Hundred Million Dollars ($200,000,000); and WHEREAS, the Board has determined that it is necessary for the public health, safety and welfare of the City to acquire and construct System Improvements including, but not limited to, construction, improvement, and renovation of transmission and distribution lines and related utility system facilities for the water supply, steam, and chilled water systems and electric transmission and distribution lines and related electric utility system facilities, together with any appurtenances and attachments thereto and any related site acquisition or improvements (the "System Improvements") at a total estimated cost of Fifty Million Dollars ($50,000,000); and WHEREAS, a notice of intent to issue revenue bonds must be published before the issuance of the Revenue Bonds in order to comply with the requirements of Section 33 of Act 94. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Publication of Notice of Intent. The Corporate Secretary of the Board is hereby directed to publish a notice of intent to issue the Revenue Bonds once as a display advertisement at least one-quarter(114) page in size in substantially the following form: NOTICE TO ELECTORS OF THE CITY OF LANSING OF INTENT TO ISSUE REVENUE BONDS FOR MOORES PARK REPLACEMENT COGENERATION PLANT AND SYSTEM IMPROVEMENTS AND RIGHT TO PETITION FOR REFERENDUM PLEASE TAKE NOTICE that the Lansing Board of Water and Light intends to authorize the issuance and sale of Revenue Bonds pursuant to Act 94, Public Acts of Michigan, 1933, as amended, payable solely from revenues received by the Board from the operations of the Water Supply, Steam, Chilled Water and Electric Utility System (the "System"). The Revenue Bonds would be authorized in the maximum aggregate principal amount of Two Hundred Fifty Million Dollars ($250,000,000). A portion of the proceeds in an amount currently estimated to be $200,000,000 would be issued for the purpose of paying costs to acquire and construct a Moores Park Replacement Cogeneration Plant, a combined cycle natural gas facility producing steam and electricity including two combined cycle sets, each set consisting of a combustion turbine, a heat recovery steam generator, a steam turbine and an auxiliary boiler to provide backup steam service, together with any appurtenances and attachments thereto and any related site acquisition or improvements. A portion of the proceeds in an amount currently estimated to be $50,000,000 Regular Board Mtg. July 27,2010 Page 19 of 24 would be issued for the purpose of paying costs of System Improvements including, but not limited to, construction, improvement, and renovation of transmission and distribution lines and related utility system facilities for the water supply, steam, and chilled water systems and electric transmission and distribution lines and related electric utility system facilities, together with any appurtenances and attachments thereto and any related site acquisition or improvements. Costs financed with proceeds of the Revenue Bonds shall include funding of required bond reserve funds, capitalized interest and costs of issuance. SOURCE OF PAYMENT OF REVENUE BONDS THE PRINCIPAL OF AND INTEREST ON THE REVENUE BONDS SHALL BE PAYABLE solely from the net revenues received by the Board from the operations of the System. The revenues will consist of rates, fees and charges billed to the users of the System, a schedule of which is presently on file at the offices of the Lansing Board of Water and Light. The rates, fees and charges may from time to time be revised to provide sufficient net revenues to provide for the expenses of operating and maintaining the System, to pay the principal of and interest on the Revenue Bonds and any other bonds of the System, and to pay other obligations of the System. The Revenue Bonds will not pledge the full faith and credit of the City. The Revenue Bonds will not be a general obligation of the City. The Revenue Bonds may be issued in one or more series and may be combined with bonds issued for other purposes, and each series will mature in not to exceed thirty (30) annual installments with interest at such interest rate or rates to be determined at public or negotiated sale but in no event to exceed such rates as may be permitted by law. RIGHT OF REFERENDUM THE REVENUE BONDS WILL BE ISSUED WITHOUT VOTE OF THE ELECTORS UNLESS A VALID PETITION REQUESTING AN ELECTION ON THE QUESTION OF ISSUING THE REVENUE BONDS, SIGNED BY NOT LESS THAN 10%OF THE REGISTERED ELECTORS OF THE CITY, IS FILED WITH THE CITY CLERK OF THE CITY OF LANSING WITHIN FORTY- FIVE (45) DAYS AFTER THE DATE OF PUBLICATION OF THIS NOTICE. If a valid petition is filed, the Revenue Bonds cannot be issued unless approved by a majority vote of the electors of the City voting on the question of their issuance. THIS NOTICE is given pursuant to the requirements of Section 33 of Act 94, Public Acts of Michigan, 1933, as amended. ADDITIONAL INFORMATION may be obtained at the administrative offices of the Lansing Board of Water and Light, 1232 Haco Drive, Lansing, Michigan 48901. M. Denise Griffin, Corporate Secretary Lansing Board of Water and Light 2. Sufficiency of Notice. The Corporate Secretary is hereby directed to publish the notice of intent in The City Pulse, a newspaper of general circulation in the City qualified under State law to publish legal notices, which is hereby determined to be the newspaper that will reach the largest number of persons to whom the notice is directed. The Board hereby determines that the notice of intent and the manner of publication directed is the method best calculated to give notice to the electors of the City and the users of the System of the Board's intent to issue the Revenue Bonds, the purposes of the Revenue Bonds, the source of payment of the Revenue Bonds, and the right of referendum relating thereto. Regular Board Mtg. July 27,2010 Page 20 of 24 3. Bond Counsel. The Board requests that that Miller, Canfield, Paddock and Stone, P.L.C. ("Miller Canfield") continue to serve the Board as bond counsel with respect to the Revenue Bonds. The Board acknowledges that Miller, Canfield represents many potential participants in the bond financing process in matters not related to issuance and sale of the Revenue Bonds, including municipal bond underwriters, banks, and financial institutions. 4. Financial Advisor. The Board requests that that Robert W. Baird & Co. continue to serve the Board as Financial Advisor for the Revenue Bonds. 5. Conflicting Resolutions. All resolutions and parts of resolutions insofar as they conflict with the provisions of this resolution are hereby rescinded. I hereby certify that the foregoing is a true and complete copy of a resolution duly adopted by the Board of Commissioners of the Lansing Board of Water and Light, at a Regular meeting held on July 27, 2010, at 5:30 p.m., prevailing Eastern Time, and that said meeting was conducted and public notice of said meeting was given pursuant to and in full compliance with the Open Meetings Act, being Act 267, Public Acts of Michigan, 1976, and that the minutes of said meeting were kept and will be or have been made available as required by said Act 267. 1 further certify that the following Members were present at said meeting: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members were absent: Sandra Zerkle I further certify that Member Thomas moved for adoption of said resolution and that Member Louney supported said motion I further certify that the following Members voted for adoption of said resolution: Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and that the following Members voted against adoption of said resolution: None M. Denise Griffin -Corporate Secretary Motion by Commissioner Thomas and seconded by Commissioner Louney to approve the resolution authorizing notice of intent to issue revenue bonds for Moores Park replacement cogeneration plant and system improvements. Action: Carried Unanimously RESOLUTION 2010-07-05 Designated Representative and Alternate Designated Representatives to Comply with Clean Air Act RESOLVED,that the General Manager be authorized to appoint Board of Water& Light(BWL) staff to be the BWL's designated representative and alternate designated representative,for the purpose of reporting to the Environmental Protection Agency(EPA) under the Clean Air Act; and RESOLVED FURTHER, that the designated representative and the alternate designated representative are authorized to bind the BWL, by their respective actions, inactions, and submissions with respect to the Clean Air Act. Regular Board Mtg. July 27,2010 Page 21 of 24 Motion by Commissioner Kramer, seconded by Commissioner Louney to approve the resolution to designate a representative and alternate representative to comply with the Clean Air Act. Action: Carried Unanimously -------------------- Staff Comments The Clean Air Act requires the owners of an affected source to name a designated representative and recommends that the owner also name an alternate designated representative to sign and certify all submissions. -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS The Nominating Committee recommended a slate of officers for the 2010-2011 Fiscal Year. The slate of officers included Commissioner Zerkle as the Chair and Commissioner Louney as the Vice Chair. Vice Chairman Lain asked if there were any nominations from the floor. With no nominations from the floor,the nominations were closed. Moved by Commissioner Bossenbery and supported by Commissioner Kramer to approve the slate of officers as recommended by the Nominating Committee with Commissioner Zerkle as the Chair and Commissioner Louney as the Vice Chair. Action: Carried unanimously. Vice Chair Lain offered the gavel to new Vice Chair Dennis Louney. New Vice Chair Louney stated that he appreciated Commissioner Lain and all of his work as the Vice Chair and is honored to follow in his position and would appreciate it if Commissioner Lain would finish chairing today's meeting. Commissioner Lain stated that this is truly an honor and pleasure for him and with Commissioner Louney you could not get a better Vice Chair. RESOLUTIONS RESOLUTION 2010-07-06 Appointment of the Charter Position of Director and General Manager The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular meeting following July 1st of each year or as soon thereafter as may be appropriate. Regular Board Mtg. July 27,2010 Page 22 of 24 RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter position of Director and General Manager for fiscal year 2010-2011, or, until a successor is appointed, whichever last occurs: J. Peter Lark, Director and General Manager FURTHER RESOLVED, That Mr. Lark shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2015, or until a successor is appointed, whichever later occurs. Motion by Commissioner DeLuca, seconded by Commissioner Kramer to reappoint J. Peter Lark to the Charter position of Director and General Manager for fiscal year 2010-2011. Action: Carried Unanimously RESOLUTION 2010-07-07 Appointment of the Charter Position of Internal Auditor The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular meeting following July 1st of each year or as soon thereafter as may be appropriate. RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter position of Internal Auditor for fiscal year 2010-2011, or, until a successor is appointed, whichever last occurs: Philip Perkins, Internal Auditor FURTHER RESOLVED, That Mr. Perkins shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed, whichever later occurs. Motion by Commissioner Kramer, seconded by Commissioner Thomas to reappoint Phillip Perkins to the Charter position of Internal Auditor for fiscal year 2010-2011. Action: Carried Unanimously RESOLUTION 2010-07-08 Appointment of the Charter Position of Corporate Secretary The Board's Rules of Administrative Procedures specify that the Board is to appoint a Director and General Manager, Internal Auditor, and Corporate Secretary, respectively at its first regular meeting following July 1st of each year or as soon thereafter as may be appropriate. Regular Board Mtg. July 27,2010 Page 23 of 24 RESOLVED, That the Board of Commissioners hereby appoints the following individual to the Charter position of Corporate Secretary for fiscal year 2010-2011, or, until a successor is appointed, whichever last occurs: M. Denise Griffin, Corporate Secretary FURTHER RESOLVED, That M. Denise Griffin shall be extended an employment contract which shall be effective from July 1, 2010, and expire on June 30, 2011, or until a successor is appointed, whichever later occurs. Motion by Commissioner Thomas, seconded by Commissioner Plummer to reappoint M. Denise Griffin to the Charter position of Corporate Secretary for fiscal year 2010-2011. Action: Carried Unanimously MANAGER'S REMARKS General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery. He also thanked Commissioner Kramer for his work and great leadership as a Board of Water& Light Commissioner and stated that it has been a delight to work with him. General Manager Lark spoke about the newspaper reviews regarding the new co-generation plant. He stated that Mark Nixon masterminded an excellent roll out and he should get some praise. General Manager Lark stated that at the public forum there was a lot of support General Manager J. Peter Lark congratulated Commissioners Zerkle, Louney and Bossenbery. He also thanked Commissioner Kramer for his work and great leadership as a Board of Water& Light Commissioner and stated that it has been a delight to work with him. General Manager Lark spoke about the amount of positive response and reviews that has been received regarding the new co-generation plant. He stated that Mark Nixon arranged an excellent roll out and he should get some praise. General Manager Lark stated that Beverly Bishop is retiring from the Board. He presented Beverly Bishop with a tribute plaque for her years of service at the Board of Water& Light,just of 45 years. General Manager Lark said that she is a great human and it was a real pleasure to work with her. He said that Bev has served for than 113 of the life of the BWL. Vice Chair Lain and Commissioner Kramer presented Beverly with a card and flowers on behalf of the Board of Commissioners. Vice Chair Lain stated that Beverly is a part of Board of Water& Light's history. COMMISSIONERS' REMARKS Commissioner Kramer thanked the Management team for all of the support that they have shown him over the last 3 years. He said that he has sincerely appreciated his time here at the Board. He said that he has enjoyed serving with such a great group of Commissioners. Commissioner Thomas thanked Commissioner Kramer for taking him under his wing when he first started on the Board and said that he appreciated everything that he did. He thanked Regular Board Mtg. July 27,2010 Page 24 of 24 Commissioner Lain for doing a great job as the Vice Chair of the Board and welcomes the new Vice Chair. He thanked Beverly Bishop for her years of service and all that she has done for the Board. Commissioner Thomas congratulated Mike Flowers, BWL's Director of Personnel for all of the good things that he has been hearing about him and for continuing to make the BWL look good. PUBLIC COMMENTS There were no public comments. EXCUSED ABSENCE On motion by Commissioner DeLuca, seconded by Commissioner Thomas to excuse the absence of Commissioner Zerkle from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner Kramer, seconded by Commissioner Plummer the meeting adjourned at 6:1 Op.m. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk on August 5,2010 MINUTES OF THE BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT May 25, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairperson Zerkle called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioner Frank Lain The Corporate Secretary declared a quorum present. Commissioner Plummer led the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Commissioner Thomas seconded by Commissioner Plummer to approve the minutes of the Regular Board Meeting of March 23, 2010, Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT..ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. SPECIAL PRESENTION Eric Schertzing, Ingham County Treasurer Eric Schertzing, Ingham County Treasurer presented an update on the Land Bank Authority. Treasurer Schertzing explained that the Land Bank is a county authority and a strategic economic development tool that supports growth and investment in the community. The Land Bank will buy, renovate and resell Regular Board Mtg. May 25,2010 Page 2 of 16 multiple properties in a designated area with a goal of owner-occupancy. Mr. Schertzing stated that the Board of Water & Light has been very supportive and has provided water for some of the garden projects. The Land Bank Authority and City of Lansing are partners in this endeavor. Commissioner Louney thanked Treasurer Schertzing for attending today's Board meeting. -------------------- COMMUNICATIONS There were no communications. -------------------- COMMITTEE REPORTS COMMITTEE OF THE WHOLE April 13, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5.30 p.m. on Tuesday, April 13, 2010. Acting Chair Sandra Zerkle called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioner Frank Lain Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Louney seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of February 9, 2010. Action: Carried unanimously. MSU Foundation Discharge Phoenix/Ottawa Discharge General Manager J. Peter Lark stated consistent with the Administrative Rules of the Board of Water & Light there should be no easement discharges without Board approval. Regular Board Mtg. May 25,2010 Page 3 of 16 General Manager Lark presented and reviewed the following three Easement Discharges in which the Board of Water & Light has received three new Easements in exchange. —The Easement granted by Michigan State University Foundation and recorded on October 6, 2009 in Book 3359, Page 1034. —The Easement granted by Phoenix Development Partners, LLC and recorded on October 9, 2009 in Book 3321, Page 1230; and —The Easement granted by Phoenix Development Partners, LLC and recorded on October 9, 2009 in Book 3321, Page 1231 General Manager Lark asks that the proposed easement discharge resolutions be forwarded to the full Board for consideration and approval. Motion by Commissioner Bossenbery, seconded by Commissioner Thomas, to forward the Phoenix/Ottawa and the MSU Foundation Discharge of Easements resolutions to the full Board for consideration at the next regular Board meeting. Action: Carried unanimously Community Update • MSU General Manager J. Peter Lark stated this Michigan State University update included information on the Brody Complex, the Facility for Rare Isotope Beams (FRIB), Plug-in Hybrids and Biomass. General Manager Lark spoke about the excellent working relationship between the Board of Water & Light and MSU. George Stojic, Director of Development and Strategic Planning, stated that one of the things that General Manager Lark wanted him to do was to string new bridges with MSU. Mr. Lark has a lot of regional initiatives and the Board of Water & Light serves as a catalyst for regional initiatives and regional development. BRODY POWER-Mr. Stojic spoke about the request received from MSU two years ago for the Board of Water & Light to do a full power supply to Brody Hall. He stated that the Board has submitted two very competitive proposals and is still waiting on a response to the proposals. FRIB- Mr. Stojic spoke stating that MSU asked the Board of Water & Light to submit a proposal for power supply to the FRIB. He stated that there was a package put together for the FRIB and that there are many advantages to the Board of Water & Light receiving this bid, especially since the Board of Water & Regular Board Mtg. May 25,2010 Page 4 of 16 Light is the only Michigan energy utility that is fully integrated in the sense that we have generation, transmission and distribution. HYBRID PLUG-IN- Mr. Stojic spoke stating that the Board of Water& Light has discussed with MSU the Plug-in Hybrid program and has received some very positive responses. There has been some dialogue regarding a Car Sharing program. MSU is working on bio-fuels and the BWL is working with MSU on a potential program using electric charging stations and electric hybrids. BIOMASS- Mr. Stojic said MSU believes that Biomass is a good option for MSU because of where they are located and they have a couple of small pulverized coal-fired units and they like to explore using those units to increase their renewable energy. The Board of Water & Light has been in communication with them about developing some biomass sources, specifically the Torrofied wood for biomass. • East Lansing Meridian Sewer Water Authority (ELMSWA) Mr. Stojic spoke about the BWL's wholesale and retail water customers. He said the retail customers include Delhi Township, parts of Lansing Township, DeWitt, and Bath. The two large wholesale customers include East Lansing and Delta Township. The BWL is rapidly completing the new contract with East Lansing and Meridian Township and anticipates having those contracts ready in the next month. • Electric Car Mr. Stojic stated that the BWL has been working with people in the community on the Electric Car program and is in the process of receiving formal letters of support, which are needed for the Department of Energy grants. The BWL expects to submit the application shortly so that we can move forward with the process. • Restrictive Covenant at North Lansing Landfill Mr. Stojic informed the Board that in the early 1990's the BWL entered into a consent decree with the Department of Environmental Quality, which resulted in the slurry wall being built at the North Lansing Landfill. Since the slurry wall has been installed, the decree has been renegotiated and the restrictive covenant covers just the area outside the slurry wall as well as a couple of monitoring wells and that has allowed the BWL to free up some area which is now available to the Drain Commissioner to develop a drain along the eastside of the slurry wall. Senior Citizens Late Fees General Manager Lark reviewed programs and incentives that are already in place at the BWL to assist seniors as well as others who need assistance with their utility bill. Regular Board Mtg. May 25,2010 Page 5 of 16 General Manager Lark stated that the Board of Water & Light collects $48,000 a year in late fees from Senior Citizens. The average Senior Citizen on the senior rate receives a 25% discount off the regular rate and they also have shut off protection as well as a levelized plan available to them. He added to waive the late fee would require a rate hearing. Commissioner Tracy Thomas stated that this was a very nice gesture on the part of Commissioner Frank Lain. After a discussion, Chair Zerkle asked Susan Devon, Assistant General Manager and Chief Financial Officer, to create a report containing information on how much work it would entail to change the billing date system and asked that that report be included in the packet for the next Committee of the Whole meeting. In response, Ms. Devon stated that she would be happy to prepare a report. On Motion by Commissioner Marilyn Plummer, seconded by Commissioner Tony DeLuca to table the Senior Citizens Late Fee subject until the next Committee of the Whole meeting. Action: Carried Unanimously Other General Manager Lark informed the Board if Commissioners that he has a weekly informative video broadcast and that the Commissioners now have access to viewing this broadcast. Commissioner Tracy Thomas stated his appreciation for the professionalism of the Board of Water & Light crews that are out working around town. He also thanked Sue Ramsey for all that she does for the Board. On motion by Commissioner Plummer, seconded by Commissioner DeLuca to excuse Commissioners Lain from today's meeting. Action: Carried unanimously. Adiourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 6:25 p.m. Respectfully submitted Sandra Zerkle, Acting Chair Committee of the Whole FINANCE COMMITTEE April 27, 2010 Regular Board Mtg. May 25,2010 Page 6 of 16 The Finance Committee of the Board of Water and Light met at the Executive Offices, at the Executive Offices, Lansing beginning at 4:00 p.m. on Tuesday, April 27, 2009. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Frank Lain and Dennis Louney and Alternate committee member Sandra Zerkle. Also present Board member Tony DeLuca. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Bossenbery, seconded by Commissioner Louney to approve the Finance Committee meeting minutes of March 9, 2010. Action: Carried unanimously. Power Pool/Risk Management Program General Manager J. Peter Lark stated over the past few years that he and his Administration have mentioned the Power Pool. The Power Pool is an agreement that the Board of Water & Light and many other Municipal utilities entered into about 17 years ago. The original purpose was to ensure that municipal utilities would have the opportunity to obtain the power they needed and that that power could be facilitated by sales of Board of Water & Light's excess power. There are a couple of other members of the pool who have generation as well, but none as much as we do at the Board of Water & Light. The idea was to figure out a way that we could all share in the Board of Water & Light and any generators who have excess power in helping out the other municipal utilities that have reasonably priced power to provide to their consumers. Back then there was no wholesale market. Ultimately the Midwest Independent System Operator (MISO) was created which is the place at which utilities can now buy and sell power. The pool was created because there was no MISO. General Manager Lark said when we were selling power through the Pool we had a Risk Management Policy in place, which was put in place by the group that operated the Pool, the Mid-Michigan Public Power Association (MPPA). All of the Risk Management was provided by the MPPA. Once the Pool ends in 2010 we, as well as all of the other municipalities in the pool are going to need a Risk Management policy in place. The proposed resolution directs that we have a risk management policy at the Board of Water & Light and that the General Manager direct this policy and come up with a program that complies with that policy. Regular Board Mtg. May 25,2010 Page 7 of 16 Dave Bolan, Manager of Bulk Power, provided background information on Energy Risk Management and litigating risk. He reviewed and presented a PowerPoint presentation that highlighted the following topics: • Risk Management Today • Energy Risk • Board of Water & Light's Risk Management Program • Board of Water& Light's Risk Management Resolution The PowerPoint presentation is on file in the Office of the Corporate Secretary and is available for public viewing. Resolution Adoption of Energy Risk Management Policy WHERAS, Consistent with the Lansing Board of Water & Light's (BWL) decision on January 25, 2005 to withdraw from the Michigan Public Power Agency's (MPPA) Power Pool Project will be effective on January 1, 2011; WHERAS, currently and consistent with the MPPA Power Pool Agreement, the BWL operates its energy portfolio under MPPA's Risk Management Policy; WHEREAS, because of the MPPA's relationship termination, the BWL needs to design and implement its own Risk Management policy and program to address specific governance and internal controls; RESOLVED, the Board of Commissioners hereby adopts the Energy Risk Management Policy as recommended by the General Manager: The Lansing Board of Water & Light (BWL) shall develop a Risk Management Program that includes guidelines that shall govern BWL's energy portfolio and risk management activities as well as provide a framework to maintain proper controls for BWL executive management and staff to identify, capture, measure, monitor and report identified risk. The program will be designed for the specific requirements, constraints and risk tolerance of the BWL. The results of the program will be continually evaluated in relationship to its objectives to ensure effective performance over time. The BWL Energy Risk Management Program will coordinate with, but be subordinate to, the existing Michigan Public Power Agency (MPPA) Risk Management Policy until the BWL's participation in the MPPA Power Pool Project terminates on January 1, 2011. On motion by Commissioner Bossenbery, seconded by Commissioner Lain, to move the proposed resolution for the Adoption of Energy Risk Management Policy to the full board for consideration and approval. Action: Carried unanimously. FY2011 Budget General Manager J. Peter Lark provided an overview of the proposed financial plan for fiscal year (FY) 2011 for the Lansing Board of Water and Light (BWL), including several financial projections scenarios for Board discussion. The FY2011 budget allows for continued service to its utility customers and future operations and sustainability for the plant facilities. The total proposed budget for FY 2011 is $306 million, of which operations and maintenance comprise $261 Regular Board Mtg. May 25,2010 Page 8 of 16 million and capital budget is approximately $45 million. Capital expenditures for fiscal years 2011-2016 are estimated at $272 million. The budget presentation materials included the following information: sales forecast, revenue assumptions, operating expenses assumptions, inclusion of Belle River debt service costs in the ECA, operations and maintenance budget by category, projected income statement by utility, projected cash flow by utility, comparative income statement (FY2011/2010), budget comparison by division and department, budgeted return on net fixed assets, and financial projections for FY2011 — FY2016 assuming various forecast assumptions. General Manager Lark stated his FY2011 budget recommendations reflect the Inclusion of Belle River debt service in the ECA beginning in July 2010, and 9% increases for Water and Steam. While the budget reflects 9% increases for steam and water, Mr. Lark indicated no decision on those rate recommendations is needed at this time. Any rate increase request will be presented separately and will require Public Notice and Hearings. The FY 2011 Budget includes the following Assumptions: Sales Forecast %'10 Forecast Utility FY11 Forecast FY10 Budget to'09 Budget Electric-Retail(MWh) 2,200,585 2,333,000 -5.7% Electric-Wholesale(MWh) 953,744 860,269 10.9% Electric(MWh) 3,154,329 3,193,269 -1.2% Water(cct) 9,734,155 10,287,325 -5.4% Steam(Mlb) 742,711 722,448 2.8% Chilled Water tnhrs 9,968,925 10,254,500 -2.8% Electric: • Retail sales volumes reflect recent trends of reduced residential sales load and commercial and industrial load growth. • Wholesale sales'volumes reflect volumes available for sales and forecast of futures prices. Water: • Retail sales volumes reflect recent trends of reduced residential, commercial, and industrial sales load. Steam: • Commercial sales increase due to customer additions, including the State Police Headquarters and the Accident Fund Building. Chilled Water: • Commercial sales include customer additions, including the State Police Headquarters and the Accident Fund Building. Commercial sales also reflect recent trends of reduced sales load. REVENUE ASSUMPTIONS -Rate Adjustments —Various scenarios modeled for discussion. -Debt Service component of the Belle River power sales contract with MPPA collected through the Energy Cost Adjustment. -Electric Wholesale —Electric Wholesale margin Regular Board Mtg. May 25,2010 Page 9 of 16 -Margins affected by increasing generation costs -Margins affected by depressed market prices -Water Wholesale — contract negotiations continue, anticipated increases included in budget OPERATING EXPENSE ASSUMPTIONS -Reviews held with each department. -Overall FY 2011 O&M decrease of 0.5% compared to final FY 2010 Budget* -Current CPI Index—2.1% inflation -Budget assumes 718 FTE's as compared to 749 FTE's in the FY 2010 budget. -Wage and salary increases = 3% for bargaining unit employees only as required by contract. The six-year capital forecast for fiscal years 2011 — 2016 were also included in the packet materials, which detailed annual capital additions and planned capital projects for all four respective utility services. RESOLUTION Fiscal Year 2011 Operating and Ca pi Budae RESOLVED, that the annual Operating Budget covering Fiscal Year 2011 is hereby approved as presented; and RESOLVED, that the Fiscal Year 2011 Capital Budget is hereby approved as presented; and RESOLVED, that the forecast for capital expenditures for the Fiscal Years 2011- 2016 is hereby accepted as presented; and RESOLVED FURTHER, that the Corporate Secretary be directed to make the appropriate filings with the Lansing City Clerk's office and the mayor's office in accordance with the Lansing City Charter regarding the above actions. -------------------- Staff Comments: Staff recommends an operating and maintenance budget of $261.4 million and a capital budget of$44.8 million for Fiscal Year 2011 in order to provide on-going services to our utility customers and to sustain our plant facilities for future operations. Capital expenditures for Fiscal year 2011-2016 are estimated to be $272 million. Staff recommends that the Finance Committee approve these budgets and resolution for presentation and adoption by the Board at its May 25, 2010 Board meeting. On motion by Commissioner Louney, seconded by Commissioner Bossenbery, the Finance Committee agreed to move the proposed resolution regarding the Fiscal Year 2011 Operating and Capital Budget to the full board for consideration and approval. Action: Carried unanimously. Regular Board Mtg. May 25,2010 Page 10 of 16 A complete copy of the fiscal year 2011 Financial Plan is available in the office of the Corporate Secretary. FY 2011 INTERNAL AUDIT PLANNING The overall risk management process at BWL was discussed, including the roles of Internal Audit, the Internal Control Department, and management in risk identification and assessment. Susan Devon, Assistant General Manager and Chief Financial Officer reported that the Internal Control Department had performed four risk assessment scoping reviews relating to financial statement accounts, but there are seven that remain, along with internal control evaluations of various operating departments. After some discussion, there was general agreement that from an organizational risk mitigation standpoint, the best use of the Internal Audit Department in FY2011 is to work with the Internal Controls Department and Management to complete the remaining financial risk reviews as expediently as possible. The Internal Auditor was directed to proceed with his FY2011 planning process with this directive. The risk reviews will be performed in a way that will minimize the impact to the auditors' objectivity and independence in performing future audits of the affected activities. During the discussion, it was understood that any audit subjects identified or agreed upon by the commissioners during FY2011 as too important to defer to FY2012 will take precedence over the risk assessment review work. The completed risk reviews provide documented key risks and controls for BWL that will make the audit process more efficient and effective in the future. There being no further business, the meeting adjourned at 5:40 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee COMMITTEE OF THE WHOLE May 11, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, May 11, 2010. Acting Chair Sandra Zerkle called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Tony DeLuca, Peter Kramer, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioners Frank Lain, Margaret Bossenbery and Dennis Louney Public Comments There were no public comments. Regular Board Mtg. May 25,2010 Page 11 of 16 Approval of Minutes Motion by Commissioner DeLuca seconded by Commissioner Thomas to approve the Committee of the Whole meeting minutes of April 13, 2010. Action, Carried unanimously. Renewable Energy Program/Energy Optimization Program Reports Pursuant to PA 295 General Manager J. Peter Lark stated that there was a law passed in 2008 that required the Board of Water & Light to have a Renewable Energy Program and Energy Optimization Program. The law also requires year-end results from those programs to be filed with the Public Service Commission (PSC) and a summary provided to customers. General Manager Lark provided an overview of the Reports that were submitted to the PSC and included in the Committee packet. He stated that the Board of Water & Light is exceeding requirements and goals for both Renewable Energy and Energy Optimization. (THE COMPLETE RENEWABLE ENERGY PLAN ANNUAL REPORT FOR 2009 AND THE ENERGY OPTIMIZATION ANNUAL REPORT FOR 2009 IS ON FILE IN THE OFFICE OF THE CORPORATE SECRETARI) Rules and Regulations General Manager J. Peter Lark introduced and reviewed proposed changes with respect to the Rules and Regulations for electric, water, steam and chilled water utility services, which also includes applicable fees and charges. He stated there have been changes in fees, and the fees are designed to recover actual costs, with no profit margin. On motion by Commissioner Kramer, seconded by Commissioner Thomas, to move the proposed resolution regarding the Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services to the full board for consideration and approval. Action: Carried unanimously. Excused Absence On motion by Commissioner Plummer, seconded by Commissioner DeLuca to excuse Commissioners Bossenbery, Lain and Louney from today's meeting. Action: Carried unanimously. Other Regular Board Mtg. May 25,2010 Page 12 of 16 Acting Chair Zerkle stated that the tabled item pertaining to a discussion on senior citizens late fees would continue to be on the table until a motion is made to have it removed from the table. Commissioner Plummer presented some history about Juneteenth and the Juneteenth Celebration. She asked that the Commissioners and the Board of Water & Light support the celebration that will take place June 17th —June 19, 2010. Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 5:55 p.m. Respectfully submitted Sandra Zerkle, Acting Chair Committee of the Whole -------------------- MANAGER'S RECOMMENDATIONS RESOLUTION#2010-05-01 EASEMENT DISCHARGE/RELOCATION WITH PHOENIX DEVELOPMENT PARTNERS, LLC. RESOLVED, that the Board of Commissioners hereby authorizes the General Manager to release its Existing Easements with Phoenix Development Partners, LLC, recorded October 9, 2008 in Book 3321, Page 1230 and Book 3321, Page 1231 in exchange for the new easement obtained from Phoenix Development Partners, LLC on December 22, 2009. -------------------- Staff Comments: Phoenix Development Partners request that the Board of Water and Light release these general easements that have been relocated. The Board of Water and Light was granted new easements for new utility installations at this property and the existing facilities have been relocated or abandoned in place. -------------------- Motion by Commissioner Plummer, seconded by Commissioner DeLuca to approve the Discharge of Easement/Relocation with Phoenix Development Partners, LLC. Action: Carried unanimously. RESOLUTION#2010-05-02 Regular Board Mtg. May 25,2010 Page 13 of 16 EASEMENT DISCHARGE/EXCHANGE WITH MICHIGAN STATE UNIVERSITY FOUNDATION RESOLVED, that the Board of Commissioners hereby authorizes the General Manager to release its Existing Easement with Michigan State University Foundation, recorded October 6, 2009 in Book 3359, Page 1034 in exchange for the new easement obtained from Michigan State University Foundation, recorded March 9, 2010 in Book 3374, Page 479; which is located on the same parcel. -------------------- Staff Comments: Michigan State University Foundation request that the Board of Water and Light release the October 6, 2009 easement that has been further described by a metes and bounds survey provided by the Board of Water and Light. -------------------- Motion by Commissioner Bossenbery, seconded by Commissioner Kramer to approve the Discharge of Easement/Exchange with Michigan State University Foundation. Action: Carried unanimously. RESOLUTION#2010-05-03 Fiscal Year 2011 Operating and Capital Budget RESOLVED, that the annual Operating Budget covering Fiscal Year 2011 is hereby approved as presented; and RESOLVED, that the Fiscal Year 2011 Capital Budget is hereby approved as presented; and RESOLVED, that the forecast for capital expenditures for the Fiscal Years 2011- 2016 is hereby accepted as presented; and RESOLVED FURTHER, that the Corporate Secretary be directed to make the appropriate filings with the Lansing City Clerk's office and the mayor's office in accordance with the Lansing City Charter regarding the above actions. -------------------- Staff Comments: Staff recommends an operating and maintenance budget of $261.4 million and a capital budget of$44.8 million for Fiscal Year 2011 in order to provide on-going services to our utility customers and to sustain our plant facilities for future operations. Capital expenditures for Fiscal year 2011-2016 are estimated to be $272 million. Staff recommends that the Finance Committee approve these budgets and resolution for presentation and adoption by the Board at its May 25, 2010 Board meeting. -------------------- Regular Board Mtg. May 25,2010 Page 14 of 16 Motion by Commissioner Kramer, seconded by Commissioner Bossenbery, to approve the Fiscal Year 2011 Operating and Capital Budgets. Action: Carried unanimously. RESOLUTION#2010-05-04 Adoption of Energy Risk Management Policy WHEREAS, Consistent with the Lansing Board of Water & Light's (BWL) decision on January 25, 2005 to withdraw from the Michigan Public Power Agency's (MPPA) Power Pool Project will be effective on January 1, 2011; WHERAS, currently and consistent with the MPPA Power Pool Agreement, the BWL operates its energy portfolio under MPPA's Risk Management Policy; WHEREAS, because of the MPPA's relationship termination, the BWL needs to design and implement its own Risk Management policy and program to address specific governance and internal controls; RESOLVED, the Board of Commissioners hereby adopts the Energy Risk Management Policy as recommended by the General Manager: The Lansing Board of Water& Light (BWL) shall develop a Risk Management Program that includes guidelines that shall govern BWL's energy portfolio and risk management activities as well as provide a framework to maintain proper controls for BWL executive management and staff to identify, capture, measure, monitor and report identified risk. The program will be designed for the specific requirements, constraints and risk tolerance of the BWL. The results of the program will be continually evaluated in relationship to its objectives to ensure effective performance over time. The BWL Energy Risk Management Program will coordinate with, but be subordinate to, the existing Michigan Public Power Agency(MPPA) Risk Management Policy until the BWL's participation in the MPPA Power Pool Project terminates on January 1, 2011. Motion by Commissioner Thomas, seconded by Commissioner Louney, to approve the Adoption of an Energy Risk Management Policy as recommended by the General Manager. Action: Carried unanimously. RESOLUTION#2010-05-05 Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services Regular Board Mtg. May 25,2010 Page 15 of 16 RESOLVED, that the amendments to the Rules and Regulations for Electric, Water, Steam and Chilled Water Services be approved as presented, to be effective July 1, 2010 (see attachments). -------------------- Staff Comments: Staff recommends these amendments to the Rules and Regulations for Electric, Water, Steam and Chilled Water Utility Services. The Committee of the Whole approved the amendments on May 11, 2010, and recommended they be presented to the full board for adoption at its regular Board Meeting on May 25, 2010. -------------------- Motion by Commissioner Kramer, seconded by Commissioner DeLuca, to approve the Rules and Regulations for Electric, Water, Steam, and Chilled Water Utility Services effective July 1, 2010. Action: Carried unanimously. UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. MANAGER'S REMARKS General Manager Lark stated that the Board of Water & Light has joined with the City of Lansing in a texting email feature called ClickFix. This allows citizens to alert the Board of Water & Light regarding non-emergency BWL property concerns. General Manager Lark announced that for the second consecutive year, a four- person team from the Lansing Board of Water & Light took first place in statewide water tapping competition. The BWL team now advances to the national finals in June in Chicago. The winning team consists of BWL employees, Remecho Sanders, Mike Smith, Jake Spedoske and Luis Flores. General Manager Lark spoke about the success of the 1st S.T.E.P. Awards Ceremony. He said there were ten graduates and they were all at the ceremony along with their families. He stated the students were very impressive and that he hopes to hire some of them. Chair Zerkle stated that the students were beaming and in the two years of this program there have been no drop outs; everyone has successfully completed the program. Regular Board Mtg. May 25,2010 Page 16 of 16 General Manager Lark said the Chili Cook-Off is being held June 4th and again it looks like a really nice program and there is a lot of excitement. He stated that there are two stages with bands and one stage will have bands consisting of all Board of Water & Light employees. COMMISSIONERS' REMARKS PUBLIC COMMENTS There were no public comments. EXCUSED ABSENCE On motion by Commissioner Kramer, seconded by Commissioner Thomas to excuse the absence of Commissioner Lain from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner DeLuca, seconded by Commissioner Thomas the meeting adjourned at 5:45 p.m. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk on August 3,2010 Approved by the Board on July 27,2010 Approved on 5-25-10 MINUTES OF THE BOARD OF COMMISSIONERS'MEETING LANSING BOARD OF WATER AND LIGHT March 23, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Chairperson Zerkle called the meeting to order at 5:30 p.m. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney(arrived at 5:41 p.m.), Tracy Thomas and Sandra Zerkle. Absent: Commissioner Marilyn Plummer The Corporate Secretary declared a quorum present. Commissioner DeLuca led the Pledge of Allegiance. SPECIAL PRESENTION Pennies for Power Fundraiser General Manager J. Peter Lark thanked Bob Perialas, Manager of Customer Service and Calvin Jones, Director of Public Relations, Diversity and Organizational Assessment for organizing the first"Pennies for Power" Beer, Wine & Cheese Tasting Fundraising event. He also thanked all of the sponsors who supported the event. General Manager Lark presented Ivan Love, Executive Director of Capital Area Community Services (CACS)with a fundraiser proceeds check in the amount of$7,600,00. Ivan Love stated that CACS has had an extremely beneficial relationship with the Board of Water& Light for many years and that the "Pennies for Power" initiative donates approximately$40,000 a year to the organization. Mr. Love said every penny donated through this initiative goes directly into paying utilities for low-income families who are not able to pay their bill. He thanked the Board of Commissioners, General Manager Lark and the Board of Water& Light for their support. APPROVAL OF MINUTES Motion by Commissioner Thomas seconded by Commissioner Bossenbery to approve the minutes of the Regular Board Meeting of January 26, 2010. Regular Board Mtg. March 23,2010 Page 2 of 7 Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. There was no public comment. COMMUNICATIONS There were no communications. -------------------- COMMITTEE REPORTS EXECUTIVE COMMITTEE REPORT December 4, 2009 This Report was dissolved at the Regular Board Meeting of January 26, 2010, COMMITTEE OF THE WHOLE February 9, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, February 9, 2010. Chair Frank Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: Commissioner Peter Kramer Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Zerkle, seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of November 11, 2009. Action: Carried unanimously. Plu -ln Hybrid lnfrastructur Regular Board Mtg. March 23,2010 Page 3 of 7 General Manager J. Peter Lark presented an overview on Plug-In Hybrid Vehicle Infrastructure and the Board of Water& Light's (BWL)electric vehicle community project. It is anticipated that General Motor's Volt, a new electric vehicle scheduled for production later this year, will be used in the project. The BWL is working to assess options to insure that there is adequate infrastructure in place to handle charging for these vehicles, both at home and in the community. BWL generating capability is expected to be able to handle the demand for these vehicles at this time. The BWL was awarded $750,000 for the project from the Federal Government through support from Representative Schauer and Senators Levin and Stabenhow. George Stojic, Director of Planning and Strategic Development, stated that the BWL was among the utilities that are the leaders in this field. The BWL is in partnership with local communities including Delta Township, City of Lansing and Lansing Community College to advance the BWL's Electric Vehicle Project and would like to get Michigan State University involved as well. Kellee Christensen, Manager of Customer Projects & Development presented a PowerPoint presentation titled "LBWL Electric Vehicle Community Project", that covered major aspects of the project. The project team includes George Stojic,Angie Ethridge, Kellee Christensen, Ray Moore, Tim Rowden and Chad Taylor. A copy of the PowerPoint presentation presented is on file and available for viewing in the Office of the Corporate Secretary. Moores Park Study General Manager Lark presented an update to the Board regarding a study of the Moores Park Steam plant. The study is to assess the condition and needs of the four steam boilers at Moores Park. These units are at least 50 years old and are in need of maintenance and repair. In addition, new air emission regulations may require the Board of Water& Light(BWL)to invest in new environmental control equipment for the units. This study will estimate the cost of maintaining steam production for the four boilers and options for replacing the existing steam boilers. One option for replacing the existing coal boilers is to use natural gas to fuel a boiler or in a combined cycle natural gas electric generator, which can be used to produce steam for our central steam business, as well as electricity. This is important since the three smaller power-generating units at Eckert may have to be retired in 2018 to comply with new mercury requirements. In addition to the new mercury emissions requirements, there may be new Federal requirements in the near future to reduce carbon dioxide emissions and all of the language seems to suggest a 17% reduction in carbon dioxide George Stojic, Director of Planning and Strategic Development described the need to study the costs of maintaining the existing units at Moorse Park and options to replace the units Mr. Stojic stated that a consultant has been hired to study the options for using a co-generation facility at Moores Park based on combined cycle units. Natural gas is more expensive than coal, which we have relied on, but in a cogeneration configuration, natural gas costs would be allocated over a number of products and that makes it much more affordable. He said this study would compare what it would cost the BWL to go to the co-generation type of setting versus what it would cost to maintain that facility as it stands. Regular Board Mtg. March 23,2010 Page 4 of 7 Other None On motion by Commissioner Plummer, seconded by Commissioner Lain to excuse Commissioners Pete Kramer from today's meeting. Action: Carried unanimously. Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca,the meeting adjourned at 6:38 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole FINANCE COMMITTEE March 9, 2010 The Finance Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 5:00 p.m. on Tuesday, March 9, 2010. Finance Committee Chairperson Peter Kramer called the meeting to order and asked the Secretary to call the roll. The following members were present: Commissioners Peter Kramer, Margaret Bossenbery, Frank Lain and Dennis Louney(arrived at 5:10 p.m.) Alternate committee members Tracy Thomas and Sandra Zerkle were present. Also present were Board members Tony DeLuca and Marilyn Plummer. Absent: None. Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Bossenbery, seconded by Commissioner Zerkle to approve the Finance Committee meeting minutes of December 1, 2009. Action: Carried unanimously. Defined Benefit and VEBA Quarterly Updates 2nd Quarter 2009 Reports General Manager J. Peter Lark introduced First Vice President Marie Vanerian of Merrill Lynch Institutional Consulting Group who provided an update on the economy. Regular Board Mtg. March 23,2010 Page 5 of 7 Ms. Vanerian stated that she is optimistic about the GDP and expects it will be higher than the estimated 2.5%growth that the consensus is calling for and is also optimistic about the Market and believes it will have a good year. • LBWL DB 2nd Quarter 2009 Reports • LBWL VEBA 2nd Quarter 2009 Reports Michael Muirhead, Associate Financial Advisor for Merrill Lynch Institutional Consulting Group provided 2nd Quarter updates on the Defined Benefit(DB) Plan and the Voluntary Employees Beneficiary Association (VEBA) Plan. The Znd Quarter Reports are included in the packet and are available for viewing in the Office of the Corporate Secretary. Internal Control Update Kathy Krause, Senior Internal Control Analyst presented a PowerPoint presentation titled "Fraud Prevention & Detection". Ms. Krause also reviewed the Security Guideline for Electronic Funds (EFF), which designed to help ensure adequate control over electronic transfers. She also reviewed the control preventives that are in place for financial transactions at the Board of Water& Light. The PowerPoint presentation and list of Controls are on file and available for viewing in the Office of the Corporate Secretary. Budget Comparison Finance Chair Peter Kramer presented a budget summary for Responsibility Areas (RA's) 104 Corporate Secretary, 106 Internal Auditor and 108 Board of Commissioners.The Board of Commissioners reviewed the budget summary and after reviewing the proposed budget for fiscal year 2010-2011, there was a lengthy discussion regarding RA108 travel budget. A vote was taken regarding the dollar amount that adopted a budget of$18,000 for FY10-11. (Vote noted below) Motion by Commissioner Bossenbery to submit the Board of Commissioner's Travel dollar amount for FY 2010-2011 as $18,000. Action: Carried unanimously The Proposed budget for FY 2010-2011 will be submitted to the Administration as presented in the Finance Committee Packet. Succession Planning/Internal Auditor Update • Internal Audit Status Report • Audit Report, IT • Letter on Succession Planning Review Internal Auditor Phil Perkins presented an Internal Audit Status PowerPoint presentation Report that reviewed the following: 0 Current FY2010 Progress Regular Board Mtg. March 23,2010 Page 6 of 7 • Projected Plan for Remaining FY2010 • Planning/Risk Assessment for FY2011 • External Quality Review Internal Auditor Perkins also presented his final report of the performance audit of Information Security. The Internal Auditor Reports are included in the packet and are available for viewing in the Office of the Corporate Secretary. There being no further business, the meeting adjourned at 6:55 p.m. Respectfully submitted Peter W. Kramer, Chair Finance Committee -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. MANAGER'S REMARKS General Manager Lark spoke about the success of the First S.T.E.P. open house that was held on March 18, 2009 and he thanked Calvin Jones and Dallas Burdick, Manager of Diversity and Organizational Assessment and Training for their work on the First S.T.E.P program and the open house. He said all of the student participants were at the open house along with their parents and it was extremely delightful to speak with both the parents and the students. In the past the Board of Water&Light has hired some of the participants and hopes to financially be able to do the same this year. General Manager Lark stated that First S.T.E.P is a great program and thanked the Commissioners for their continued support. COMMISSIONERS' REMARKS Chair Zerkle said the students are very excited about First S.T.E.P and is proud of the Program. Commissioner Thomas thanked General Manager Lark and Calvin Jones for the opportunity to showcase students from Waverly Schools, including his daughters, at the Beer, Wine and Cheese Tasting fundraising event. He said it was a great opportunity for the students to help out and they really enjoyed themselves. PUBLIC COMMENTS There were no public comments. Regular Board Mtg. March 23,2010 Page 7 of 7 EXCUSED ABSENCE On motion by Commissioner DeLuca, seconded by Commissioner Lain to excuse the absence of Commissioner Plummer from tonight's meeting. Action: Carried unanimously. ADJOURNMENT On motion by Commissioner DeLuca, seconded by Commissioner Thomas the meeting adjourned at 5:45 p.m. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk March 30, 2010 May 25, 2010-Approved by Board Approved by the Board.• March 23,2010 MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday, January 26, 2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None. Chairperson Zerkle called the meeting to order at 5:30 p.m. _. The Corporate Secretary declared a quorum present. Commissioner Kramer led the Pledge of Allegiance. ; APPROVAL OF MINUTES Motion by Commissioner DeLuca, seconded by Commissioner Thomas to approve the minutes of the Rescheduled Regular Board Meeting of December 1, 2009. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. Roger Parker of 1108 Pennsylvania stated his concerns regarding the proposed electric and water rate increases. COMMUNICATIONS a. Thank you note from Rosemary Sullivan. Received and Placed on File b. Phone message received on January 21, 2010 from Yvonne Steinway stating opposition to the rate increase. Received and Placed on File Regular Board Mtg. January 26,2010 Page 2 of 24 C. An electronic mailing from Therese Hercher, no address given, requesting a two- month delay for the proposed rate increases. Received and Placed on File d. An electronic mailing from Sandra Finely, no address given, stating concerns regarding the effect the rate increases will have on fixed income Senior Citizens. Received and Placed on File e. A letter from Jacqueline Macgillivray of 914 Vine St. stating opposition to the rate increases on behalf of all Social Security benefit recipients. Received and Placed on File .................... COMMITTEE REPORTS EXECUTIVE COMMITTEE December 4, 2009 The Executive Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 11:30 a.m. on Friday, December 4, 2009. Executive Committee Chair Sandra Zerkle called the meeting to order. The following committee members were present: Commissioners Sandra Zerkle, Peter Kramer, Dennis Louney and Frank Lain. Also present were Board Commissioners Marilyn Plummer and Tracy Thomas (arrived 11:50 a.m.). Absent: None. Public Comments None. Approval of Minutes Motion by Commissioner Lain, seconded by Commissioner Kramer to approve the minutes of the Executive Committee meeting held August 24, 2009. Action: Carried unanimously. Discussion on Furlough Days for Board Appointed Employees Chair Zerkle stated the reason she called for this meeting was to clarity and to let the three employees that report to the Commissioners know exactly what is expected of them regarding the proposed furlough days, in particular the Internal Auditor and the Corporate Secretary. Regular Board Mtg. January 26,2010 Page 3 of 24 General Manager J. Peter Lark stated that he recently entered an agreement approving eight furlough days for the bargaining unit. Commissioner Kramer said at this time we have all management and non-bargaining and collective bargaining team members participating in the furlough days and any different treatment to the employees that report to us is unacceptable and we need to be consistent. There was a brief discussion regarding the job evaluation process for Board Appointed Employees. Commissioner Kramer stated that as a Board he believes that a performance criterion should be established because there is really no base line and no ability to measure performances. He stated that Commissioner DeLuca would write up an explanation of the process and forward it to all Commissioners. Discussion on Reassignment of Job Duties of the Administrative Assistant to the Corporate Secretary There was a lengthy discussion regarding the distribution of the job duties of the former assistant to the Corporate Secretary due to the retirement of Rosemary Sullivan who held that position. Rosemary put together a list of job duties that she performed as Assistant to the Corporate Secretary. General Manager J. Peter Lark stated that he felt that the Commissioners should have one secretary and would offer any assistance that the Corporate Secretary needed. Brandie Ekren, General Counsel said that she had the opportunity to meet with the Corporate Secretary to discuss what additional responsibilities the Corporate Secretary will inherit from the list that was provided by Rosemary. After a lengthy discussion and reviewing the list of additional responsibilities, General Manager Lark stated they the Administration is ready to assist the Corporate Secretary and that some things are being moved as we speak. Chair Zerkle stated that the Corporate Secretary and Legal Counsel should sit down as stated by Mr. Lark and then meet with Human Resources Chair Tony DeLuca. Commissioner DeLuca can then bring recommendations to his Committee. Other Commissioner Louney spoke on the subject of the Commissioners' budget and said that he wanted to lead by example and was wondering if there could be more cuts to their budget. This reduction would show good faith to the employees. After a brief discussion Commissioner Kramer said that normally around May the Board begins discussions about the budget and suggested maybe they could start a little earlier to bring Commissioner's Louney and Plummer up to date, Regular Board Mtg. January 26,2010 Page 4 of 24 Assistant General Manager and Chief Financial Officer Susan Devon said she would be happy to discuss the Commissioners' Budget with any interested Commissioner. There being no further business, the meeting adjourned at 12:30 p.m. Respectfully submitted, Sandra Zerkle, Chair Executive Committee COMMITTEE OF THE WHOLE January 12, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, January 12, 2010. Chair Frank Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Zerkle, seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of November 11, 2009. Action: Carried unanimously. Rate Hearing Materials General Manager J. Peter Lark presented the Committee of the Whole with materials relevant to the proposed rates increases. General Manager Lark stated that the same material had essentially been presented to the Finance Committee and he wanted to present this information to the Committee of the Whole as well. He stated that some of the figures might be slightly different because they were related to earlier months while the figures included in this packet of information are related to the month of November. He said the information in this packet is pretty accurate as to what will be presented at the Public Hearing next Thursday. Commissioner Zerkle asked if there had been any feedback from the press. In response to Commissioner Zerkle's question, General Manager Lark stated that the Lansing State Journal ran a couple of articles but believes that they were in general supportive of the rate request and one article stated that future rate increases would be in order as well. He said that he Regular Board Mtg. January 26,2010 Page 5 of 24 believes furlough days and the fact that more than half of the required increase was due to State Law requirements were contributing factors to the feedback. General Manager Lark spoke about noticing the public and said that staff has made people aware of the upcoming Public Hearing by printing a notice at the bottom of customers' utility bills as well as placing the notice on the Board of Water& Light's Website. Commissioner Pete Kramer suggested placing the positive points first when making the presentation at the Public Hearing. He said there is a lot of great information in this presentation about the offsetting cost saving programs that have been implemented and all of the great work that has been done over the past two years and it should come up front while you have the attention of the audience. Report on Ghana Trip General Manager Lark introduced Tim Hyde, Water Production Manager for the Board of Water& Light. General Manager Lark stated that the City of Lansing has a Sister City in Ghana, Akuapem South, and there has been a request to help the Sister City with their water system and to lend some advice. Tim Hyde was chosen to be the BWL's representative to go to Akuapem South. The Board of Water& Light did not have to spend any money on this trip; it was funded with Federal Money. Mr. Hyde said the Lansing Regional Sister Commission approached the Board of Water& Light's General Manager Peter Lark and Dick Peffley, Executive Director of Water Operations & Special Projects, about a representative to join the delegation that was headed to Akuapem South, Ghana, to assess their sanitation and hygiene needs as part of a Federal Government Grant. Mr. Hyde gave an overview of his trip and reviewed the pictures that were included in the packet that showed some of the sanitation issues that Akuapem South is dealing with. (Pictures are on file and available for viewing in the Office of the Corporate Secretary) Mr. Hyde said that Ghana is a very friendly and beautiful nation and they were very hospitable and he would not turn it down if it works out that he has the opportunity to go there again. LED Lights General Manager Lark introduced Kellee Christensen, Manager of Customer Projects & Development for the Board of Water& Light. General Manager Lark stated LED lights have been installed from the Radisson Hotel on Grand Avenue to the Lansing State Journal. They look like regular fixtures, but instead of using 400-watt lamps, the LED's only use 40 watts. He said these lights are on the cutting edge and the Board of Water& Light is really in the vanguard of street lighting. Tonight there are some companies and others coming by to view our LED lights, The Board of Water& Light has received a lot of attention press wise throughout the country on the LED lights. Ms. Christensen stated that the Board of Water& Light recently completed a project on Grand Avenue that they undertook at the request of the City of Lansing. The City of Lansing wanted to Regular Board Mtg. January 26,2010 Page 6 of 24 make the streets more "Green"to go along with the rain gardens and the other green initiatives that they are doing. A Grant was applied for through APPA to look at the idea of piloting LED Street Lighting. Ms, Christensen stated that her team worked with the manufacturer to develop a better-looking product that met standard lighting patterns and fit Lansing's historic light fixtures. She stated that the Grant was the catalyst and there were 30 prototype lights installed and evaluated for about a year after they were installed, Ms. Christensen said her team worked hard with Sylvania to come up with the product that is now installed. She said tonight about 18 people are coming to town to view the LED street lights, including other municipalities as well as Sylvania's engineering and sales people. Ms. Christensen stated that Management has been extremely supportive of this project and her team is excited as they continue to push forward. Chairs' Reports Commissioner Zerkle stated that she is the longest standing Commissioner that the Board has and she has dealt with many personality issues. She said the current Board is superb, but she wanted everyone to be mindful and to remember that there are three Committees where decisions should be made, and when decisions are made other Commissioners should respect that. Chair Lain stated that Commissioners are allowed and encouraged to attend any Committee meeting to be more informed. Other None Adjourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 6:24 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole .................... MANAGER'S RECOMMENDATIONS General Manager J. Peter Lark addressed some of the questions that were asked during the Public Hearing on the proposed electric and water increase before asking the Board for their approval of the resolution before them. RESOLUTION #2010-01-01 Resolution Regular Board Mtg. January 26,2010 Page 7 of 24 Electric and Water Rate Increases WHEREAS,the Corporate Financial Target for each and materialsiag Board of d supplies wouldater and Lrequ re$1 g gic business units is 6.18%return on net fixed asset million of electric net income and$11.8 million of water net income; and uding WHEREAS,the Fiscal Year 2010 Electric Utility budget Plans in complian with the tceof Lansing,w with 2008 PA 1295,wouldtl result in costs of Renewable Energy and Energy optimization electric net income of$3.2 million or a 1.13%return on net fixed assets and materials and supplies,and WHEREAS,first quarter electric retail sales reduction current eco bomic�ondi conditions will neoler than lgnegativelyaffec and t the reductions in wholesale revenues reflective of the Fiscal Year 2010 budgeted net income beyond that reflected in the original budget projections; and woul resu in a WHEREAS,the Fiscal Year 2010 Water Utility bo aeget turnlod with n net fixed the assety tsandimaterialds and supplies;tand utility net loss of$6.4 million or a negative 3.53/ WHEREAS,the current forecast of electric and water net income projection for Fiscal Year 2010 are$2.6 million and negative$4.7 million respectively; and WHEREAS,the Staff has proposed implementation of a Renewable Energy Plan Surcharge to recover the cost of 2008 PA 295 compliance; and WHEREAS,the Staff has proposed implementation of an Energy Optimization Surcharge to recover the cost of 2008 PA 295 compliance; and that the Basic Service Charges for certain electric rate schedules WHEREAS,the Staff has recommended be increased; and WHEREAS,the Staff has proposed to increase annual water billings by$2.3 million, and by WHEREAS, notice of the proposed increase communicated 2010 to rece�e Comm P blion the proposed c notice on January 6, 2010, and a public hearing was heldon January 21 increases; and WHEREAS,the Board of Commissioners has considered the comments of the public as well as recommendations made by the BWL. in the tached RESOLVED,that the electric and water rate schedulese tnc andsted watereloow and sumptionilodn or afteatMarch 1ra2010. te schedules be adopted and made effective for ELECTRIC: (Attachment A) Residential Service-Rate 1 General Service-Rate 3 Large General Service-Rate 4 Primary Service- Rate 5 Municipal Water Pumping Service-Rate 7 Large Capacity Service-Rate 8 Traffic Light Service- Rate 11 Space Conditioning and Electric Water Heating Service-Rate 12 Residential Senior Citizen-Rate 21 Street Lighting Service- Rate 31 Street Lighting Service- Rate 32 Renewable Energy Plan Surcharge Regular Board Mtg. January 26,2010 Page 8 of 24 Energy Optimization Surcharge WATER: (Attachment B) Residential Water Service—Rate 1 General Water Service—Rate 2 Fire Service—Rate 4 Lawn Sprinkling Water Service—Rate 5 Fire Hydrant Charges—Rate 6 Motion by Commissioner Louney, seconded by Commissioner Kramer, to approve the resolution for the electric and water rate schedules effective on or after March 1, 2010. Action: Carried unanimously Vice Chair Lain thanked Management team for all of their hard work during this process. Chair Zerkle thanked General Manager Lark and all of the staff at the Board of Water& Light. She stated that this process has been much better under the leadership of Mr. Lark. She also commended the Commissioners' because this was not an easy decision in this economic crisis. Ultimately the Commissioners' responsibility is to remember the mission, which is to have safe, reliable, reasonable rates and good stewardship for the environment. Detailed rate schedules listed below. Attachment A Electric Rate Schedules RESIDENTIAL ELECTRIC SERVICE RATE NO.1 Availability-This rate is available to any single-family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family or multifamily dwelling unit of 4 units or less when a portion of the dwelling unit is used for commercial,industrial,or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Nature of Service-The service is alternating current,60 hertz,single phase, 120/240 nominal volts. Monthly Rate - Shall be computed in accordance with the following charges: 311110 Basic Service Charge $7.50 Per customer per month Commodity Charge Summer Billing Months of June through October $.0799 Per kWh for the first 500 kWh $.0847 Per kWh for all over 500 kWh Winter Billing Months of November through May $.0799 Per kWh for the first 500 kWh $.0829 Per kWh for all over 500 kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0,0005/kWh. Regular Board Mtg. January 26,2010 Page 9 of 24 Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board of Water and Light(BWL)property,or its operation,or the production and/or sale of electric energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. GENERAL ELECTRIC SERVICE RATE NO.3 Availability-This rate is available to any customer desiring secondary voltage service for any purpose when supplied at one point of delivery through one meter. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for emergency or standby service. Nature of Service-The service is alternating current,60 hertz,single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $17.98 per customer per month Commodity Charge Summer Billing Months of June through October $,0924 per kWh Winter Billing Months of November through May $.0892 per kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers,the metered kWh thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service Regular Board Mtg. January 26,2010 Page 10 of 24 through more than one meter,the consumption as registered by the different meters will not be combined for billing purposes, but will be computed and billed separately. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. LARGE GENERAL ELECTRIC SERVICE RATE NO.4 Availability-This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-The service is alternating current,60 hertz,single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. 311/10 Basic Service Charge $38.35 per customer per month Capacity Charge $10.03 Per kW for all kW of Maximum Demand Commodity Charge Summer Billing Months of June through October $.0528 Per kWh Winter Billing Months of November through May $.0489 Per kWh Reactive Power Charge $0.0091 per kvarh in excess of 50%of total kWh. The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand-The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month. Metering-Where the BWL elects to measure the service on the primary side of the transformer,the metered kW and kWh quantities thus measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer Regular Board Mtg. January 26,2010 Page 11 of 24 receives service through more than one metering installation,the consumption as registered by the different metering installations will not be combined for billing purposes,but will be computed and billed separately. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. PRIMARY ELECTRIC SERVICE RATE NO.5 Availability-This rate is available to any customer desiring primary voltage service when the electrical requirements are supplied at one point of delivery through one metering installation(except as provided below for Multiple Delivery Point Aggregation)and the billing demand is 100 kW or more. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current,60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: 311110 Basic Service Charge $95.90 per customer per month Capacity Charge $8.14 Per kW for all kW of On-Peak Billing Demand,plus $2.70 Per kW for all kW of Maximum Demand Commodity Charge Summer Billing Months of June through October $0.043 Per kWh for all kWh during the On-Peak Period,plus $0,045 Per kWh for all kWh during the Off-Peak Period, plus Winter Billing Months of November through May $0.044 Per kWh for all kWh during the On-Peak Period,plus $0.045 Per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.0091 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.00051kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies the production and/or sale le of electrical enense fees, ese fees,or any other charges against the rgy,gy,to offset any such cost and thereby prevent other customers from or its tbeing rcompelled to share andlo such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the kW supplied during the 15-minute period of maximum use during the On-Peak Period during the month. Regular Board Mtg. January 26,2010 Page 12 of 24 Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on peak or off-peak. Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m.until 6:00 p.m.,Monday through Friday. All other hours shall comprise the Off-Peak Period. PRIMARY ELECTRIC SERVICE RATE NO.5 Multiple Delivery Point Aggregation-The 15-minute period demands of multiple delivery points of a customer may be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand at each delivery point must equal or exceed 100 kW;(b)the total On-Peak Billing Demand shall not be less than 4,000 kW;and (c)the customer shall agree to a service contract with the BWL for the customer's full electrical service requirements at the aggregated delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand,shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for in Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing,installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL,a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. MUNICIPAL WATER PUMPING ELECTRIC SERVICE RATE NO.7 Availability-This rate is available to any political subdivision or agency of the State of Michigan desiring service for potable water pumping and associated potable water production equipment when the entire electrical requirements are supplied at one point of delivery through one meter. This rate is not available for emergency,standby,or auxiliary service. Nature of Service-The service is alternating current,60 hertz,three phase. The secondary or primary voltage is determined by the BWL. Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $11.98 Per customer per month Commodity Charge $.0719 Per kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. f Regular Board Mtg. January 26,2010 Page 13 of 24 Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers serving the customer,the metered kWh thus measured will be reduced 3%for billing purposes to adjust for transformer losses. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. LARGE CAPACITY ELECTRIC SERVICE RATE NO.8 Availability-This rate is available to any customer desiring primary voltage service when:(a)the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation;(b)where the total On- Peak Billing Demand is 25,000 kW or more;and(c)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current,60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: 3/1110 Basic Service Charge $299.69 per delivery point per month Capacity Charge $9.17 per kW for all kW of On-Peak Billing Demand,plus $1.72 per kW for all kW of Maximum Demand Commodity Charge Summer Billing Months of June through October $0.0421 per kWh for all kWh during the On-Peak Period,plus $0.0374 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0406 per kWh for all kWh during the On-Peak Period,plus $0.0374 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.0091 Per k varh in excess of 50%of total kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Regular Board Mtg. January 26,2010 Page 14 of 24 rg Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a Renewable Ene separate rate schedule incorporated herein by this reference. Energy 0 timization Surchar e—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. political subdivision which levies Tax Adiustu meet-Bills shall be increased within the limits of any governmental authority its or the production or any other chargesand thereby prevent other against the Board's ecustomrty,or ers from tbeing rcompelled to share taxes,license fees,franchise fees, and/or sale of electrical energy,to offset any such co st such local increases. Billing Dew d shall be the total kW supplied to all applicable delivery On-Peak Billing Demand: The On-Peak Billing Deman points during the 15-minute period of maximum use during the On-Peak Period during the month. (See Multiple Delivery Point Aggregation.) p lied during the 15-minute Maximum Demand: The Maximum month whetheeon peak delivery hall be the kW sup 9 or off-peak period of maximum use during t LARGE CAPACITY LE $RIC SERVICE ATE Sch edule of on. eak and off- eak eriods-The On-Peak Period shall be from 10:00 a.m.until 6:00 p.m.,Monday through Friday. All other hours shall comprise the Off-Peak Period. all be the Maximum Demand Multi le Delive Point A re ation-The 15-minute period dnd under s of thefollolwPlg aolndit o iverypoints �a)of a customer not be less summed for determination of the total On beak billing the total On-Peak Billing Demand shall determined at each delivery point must equal or exceed 1,000 kW;and(b) shall be applicable for determination of the on-Peak ah delivery g Deman than 25,000 kW. Aggregation apply point indepenlde Alyother charges, including the Basic Service Charge and Maximum Demand,shall a side of the transformers,the metered kW and to adjust for transformer losses. Where the Meterin -When the BWL elects to measure the service on the secondary tion as registered by the different meter kWh quantities thus measured will be increased by 3%for billing purposes customer receives service through more than one meter installation,consume 9 installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. be volts e delivery ning all E ui ment Su lied b Customer The customer s�halmentresponsible equired forfor service beyond the l'BWL primary ng and ai W Lunder terms necessary transforming,controlling and protective e� lease such transformers or other equipment from the point. At the sole option of the BWL,a customer may established by the BWL. y payment charges, Delayed Payment Charae A delayed payment charge of 5%of the unpaid balance,excluding delayed r before the due date shall be added to any bill that is not paid on o . l customers turning on service at a service licat e-A$7.00 charge shall be added to the first regular bill for al ANC ion Char location irrespective of pri service with the BWL. . Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. RATE NO.11 Availabilit -This rate is available to any political subdivision or agency of the State of Michigan desiring unmetered secondary service for operating traffic lights installed on streets or highways for traffic control and guidance, Nature of Service-The service is alternating current,60 hertz,single phase, 1201240 nominal volts Monthly Rate Shall be computed in accordance with the following charges. 311110 Basic Service Charge $2.30 Per customer per month Regular Board Mtg. January 26,2010 Page 15 of 24 Commodity Charge $.0356 Per watt of active load per month The actual labor,material,miscellaneous and indirect charges experienced maintaining and relamping traffic signals during the preceding month. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes, license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Determination of Active Load-The active load of flasher lamps or cyclically operated traffic control lamps shall be 50%of total wattage of all lamps used during one complete cycle of operation. The active load of continuous,non-intermittent steady burning lamps shall be 100%of the total wattage of all lamps used. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. SPACE CONDITIONING AND ELECTRIC WATER HEATING SERVICE RATE NO.12 Availability-This rate is available to any customer desiring service for commercial/industrial space conditioning and/or electric water heating furnished through a separate meter to which no other electrical device except electric space heating, electric air conditioning, humidity control equipment or electric water heating equipment may be connected. Electric space heating will be considered to include heating by light system provided the primary means of space heating at the time of maximum heating requirements will be furnished by the lighting system with the balance of the heating requirements furnished by supplementary electric heating equipment. This rate is not available to new applications for heat for light systems received after March 1, 1979. This rate is not applicable to the use of electricity for electric air conditioning unless the customer has permanently installed electric space heating equipment and uses it as the principal source of space heating,or to the use of electricity for occasional or seasonal substitute for another method of water heating. Nature of Service-The service is alternating current,60 hertz,single phase at Board of Water and Light(BWL)available secondary voltage. Three phase service will be furnished at BWL option. Monthly Rate-Shall be computed in accordance with the following charges. 3/1/10 Basic Service Charge $23.97 Commodity Charge Summer Billing Months of June through October $.1048 per kWh Winter Billing Months of November through May $.0680 per kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Regular Board Mtg. January 26,2010 Page 16 of 24 Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bill shall be increased within the limits of any governmental authority or political subdivision which levies its eration,or the taxes,licensecal energy,to offset any such cost and charges against fees,frhise tees,or any other oducon and/ therebyprevent o herPcusst ome sr from pb being compelled rto shame su ahor sale of elect gY local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. RESIDENTIAL ELECTRIC SERVICE, SENIOR CITIZEN RATE NO.21 Availability-This rate is available to any single family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through the same meter. The customer must be 65 years of age and head of the household being served. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single family or multifamily dwelling of 4 units or less unit when a portion of the residence or dwelling unit is used for commercial,industrial,or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Customers taking service under this rate shall provide evidence of age and contract with the Board of Water and Light(BWL) to remain on this rate for at least twelve(12)months. Nature of Service-The service is alternating current,60 hertz,single phase,120/240 nominal volts. Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $4.83 Commodity Charge $.0598 per kWh for the first 300 kWh $.0957 per kWh for the next 200 kWh $.1257 per kWh for all over 500 kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost defined onna separateThis eate is subject bhedule incorporated hereon by hist factor referenceaed to the above energy charges and calculated as Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.00051kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,licenseC leenergy,tose fees,or any other charges offset any such cost and ttherebylnst the prevent other pcust property, s from its pbeing compelled ion,or the toshtaore such and/or sale of elect 9Y local increases. Regular Board Mtg. January 26,2010 Page 17 of 24 Delayed Payment Chara -A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, e shall be added to any bill that is not paid on or before the date. the first regular bill for all customers turning on service at a service ocationtrric �espectveeof p for servicegwith the BWL.shall be to Rules and Regulations for Electric Service Rules and Reg ulations-Service under this rate is subject to the BWL incorporated herein by this reference. STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO.31 or voltage Availabilit Available to any politicalsubdivision sires isi the BWL State of Michigan for street existing distribution system withng service forsecondary vo tagy system n consisting of one or more luminaires where line available. Luminaires may be installed with no limitatiothe BWL will furns as to gnbht350 linear feet of line extension here an eper luminaire extensionextension is required to serve one or more luminaires, served from such extension. A special agreement will be required if more than 350 linear feet of line extension per luminaire is required. Deserves the right to furnish service from either a series or multiple Nature of Service-The BWL will furnish,install,own,operate,and maintain all equipment comprising the street lighting N The BWL r system,and supply the unmetered energy. system or both. Annual Rate-The annual rate per luminaire with fixture and setting,payable in twelve(12)monthly installments,shall be as An_ follows; 311110 High Pressure Sodiu70L inaire $78 $ 100 W 150 W $103 250 W $125 159 400 W $ 1000 W $326 26 Mercury Vapor Luminaires $83 100 W $99 175 W $117 250 W $151 400 W $285 1000 W Metal Halide Lumin 175 W $174 $199 250 W 400 W $201 01 1000 W $390 1500 W $598 Induction Luminaire $83 85 W $100 165 W t where I to existing luminaires only and are not open to new business rt ed es a mercury vaporhl lighting g systemWL elects, the customer's Rates app y request,to install additional luminaires within an area already STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO.31 Regular Board Mtg. January 26,2010 Page 18 of 24 Annual Rate(continued) plus an additional annual charge,depending on type of installation,of: 311110 Wood Pole—Overhead Service None Wood Pole—Underground Service $$90 0 Concrete Pole—Overhead Service $142 142 Concrete Pole—Underground Service $90 Post Top $295 Historic—Single Top $863 Large Historic—Dual Top $613 Small Historic—Dual Top $125 Wall/Tunnel—8760 hours $76 Wall/Tunnel—4200 hours $293 Bollard on customer request install a street lighting system not difference by al Cu stomer Contribution The annual rates are based on fixtures normally stocked by the BWL,and installed utilizing norm construction techniques. The BWL may,all its option,up L estimated installed cost of a standard installation. The annual unit charge for the rates below. The customer,after installon,will be required to make a one time contribution equal to e between the actual installed cost and the B each luminaire will then be as stated below. uncle ruest ed value xi the unit plus the cost of removal. ' Replacement-The BWL may,at its option,upon customer request replace existing street light units. After installation, Unit R p the customer shall make a one time contribution equal to the P ual o make S ec nts as to ial Terms and Conditions-The BWL reserves the right t ons sp aiallns when contrtthe customer charges,contributions in aid of con eequests service, struction,term or other special equipment or facilities not normally provided under this rate. g plan Surcharge as defined on a Renewable Energy anco po ated herein rate is subject bythis reference the Renewable Energy separate rate schedule against the BWL property,or its operation,or the production and/or Ad'ustment-Bills shall be increased within the limits of any governmental authority or political subdivisionsharehsuch levies Taxi— other charges g compelled to taxes,license fees,franchise fees,or any sale of electrical energy,to offset any such cost and thereby prevent other customers from being comp local increases. y payment charges, Dela ed Pa ment�rge A delayed payment charge of 5%of the unpaid balance,excluding delayed shall be added to any bill that is not paid on or before the due date. ate is subject to the BWL Rules and Regulations for Electric Service Rules and Re ul ations-Service under this r incorporated herein by this reference. STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO.32 ing Availabilit -Available to any political subdivision or 9BWL hashanstate of Michigan for street ex sting distribution systemlavailableervice for any systemconsisting of one or more luminaires where theI the lamps,provide normal replacement of luminaire refractors,con rollincluding, Nature of Service-The BWL will connect the customer's equipment to BWL lines,furnish the control equipment,supply ighting unmetered energy,control the burning hours furnish, the P p circuits extending to the point devices and lamps. The customer will der routnd cables between lumall and own all inaires yes and lthetsupply except normal rural lamp and glass but not limited to the overhead wires or un erg round attachment with the BWL• All maintenance ainte an The BWL lacern reservestthe the to furnish service from either a series or multiple replacement shall be paid by th system or both. e,paya ble in twelve(12)monthly installments,shall be as follows: Annual The annual rate per luminair High Pressure Sodium Luminaire 311f10 Regular Board Mtg. January M 2010 Page 19 of 24 70 W $41 $51 100 W $ 150 W 250 W $87 $ 400 W 1000 W $291 91 Mercury Vapor Luminaire2 $60 175 W $79 250 W $112 400 W $247 1000 W Incandescent Lum2 $82 500 L $130 4000 L $158 6000 L e Char e-The actual labor,material,miscellaneous and indirect charges experienced maintaining street light Maintenanc 9 units during the preceding month. combination of Combined Rates The annual rate for units consisting of more than one luminaire shall be the appropriate individual unit charges above. a Ito existing luminaires only and are not open to new bvapor lighting system.usiness except Where additional luminaires within an area a the BWL elects,at the customer's request,to install Rates pp Y lready served by a Rates apply to existing luminaires only and are not open to new business. STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO.32 S eclat T erms and Conditions The BWL reserves the rspecial pecia considerations special when the customer arrangements requests service,termination charges,contributions in aid of construction,term or other spe equipment or facilities not normally provided under this rate. Plan Surcharge as defined on a Renewable Energy Panincorporated ehe—This by this referenceo the Renewable Energy separate rate schedule tment-Bills shall be increased within the limits of any governmental authority or political subdivision which levees Tax Ads— e or its operation,or the production and/or prevent other customers from being compelled to share such taxes,license fees,franchise fees,or any other charges against the BWL prop sale of electrical energy,to offset any such cost and thereby local increases. g y payment charges, Dela ed Pa ment Char e-A delayed payment charge of 5%of the unpaid balance,excluding delayed p y shall be added to any bill that is not paid on or before the due date. the BWL Rules and Regulations for Electric Service Rulesd R ane ulations-Service under this rate is subject to incorporated herein by this reference. RENEWABLE ENERGY PLAN SURCHARGE The Renew able Energy Plan Surcharge(REP Surcharge)is designed to recover Renewable Energy Plan program costs,as required by 2008 PA 295. The REP Surcharge will appear as a line item on the customer's bill. 3 Regular Board Mtg. January 26,2010 Page 20 of 24 Monthly REP Surcharges are as follows: REP Surcharge 31112010 Rate Schedule Residential e� $2.501customer Rate 1 Residential $1.50/customer Rate 21 Senior Citizen Residential Seconda Commercial and Industrial $0.003/kWh Rates 3,4,7,and 12 $3.50/customer Minimum Monthly Charge $15.00/customer Maximum Monthly Charge Prima r Commercial and Industrial $160.00/delivery point Rates 5 and 8 Traffic Light Service Rate 11 $3.00/Intersection Less than 914 Active Watts $9.00/Intersection 914-3650 Active Watts $15.00/Intersection Greater than 3650 Active Watts Street Lighting Service Rates 31 and 32 $0.20/Luminaire Less than 100W Luminaire $0.50/Luminaire 100W or greater Luminaire ENERGY OPTIMIZATION SURCHARGE 0 timization Surcharge(EO Surcharge)is designed to recover Energy Optimization Plan program costs,as The Energy p required by 2008 PA 295. The EO Surcharge will appear as a line item on the customer's bill. Monthly EO Surcharges are as follows: EO Surcharge EO Surcharge Self-Directed 31112010 3/112010 Rate Schedule Resid ial $0.001853/kWh NA Rate 1 Residential $0,001853/kWh NA Rate 21 Senior Citizen Residential Small Seconda F Commercial and Industrial $6.581customer $0.46/customer Rates 3,7, and 12 Lar a Seconda f Commercial and Industrial $65 78/customer $4.611customer Rate 4 Prima Commercial and Industrial $461.201delivery point $32.28/delivery point Rates 5 and 8 Regular Board Mtg. January 26,2010 Page 21 of 24 Attachment B RESIDENTIAL WATER SERVICE RATE NO.1 Availability-This rate is available to any single-family residence or multifamily dwelling of 4 units or less served by one meter. Monthly Rate-Shall be computed in accordance with the following charges. Basis Service Charge:per customer per 110 month or part thereof: Meter 5/8" $8.90 3/4"* $12.46 ill $23.16 1'/4"or 1'/z' $51.65 2" $90.81 Commodity Charge:per ccf of water used per month; 24 The BWL standard residential installation is a 1"serviceline with a Y4" meter. The BWL reserves the right, in its sole judgment,to install 5/8"meters on any new service installation when circumstances t. Power and Chemical Cost Adjustment-The power and chemical cost adjustment shall consist of an increase or decrease perioder shall consist of the of 0.1¢per ccf billed for each 0.10 increase or decrease 44.7 thper ccfa The cost per ccf fordthe billing chemicals required to deliver treated water to the customer s meter above orb ¢ emicals,electricity,steam and oil used in pumping and treatment facilities during the one month weighted average cost of ch period preceding the month billed by two months. or political Tax Adjustment- vision which levies Bills shall be increased within the es a of any ainst the Board's property,oy is operation otlrlthe production al taxes,license fees,franchise fees, ntal autl or any other charges g and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such increases. lied for 30 days. Minimum Charge-The minimum charge shall be the above Basic Service Charge applied g y payment charges, Delayed Payment Charae-A delayed payment charge of 5%of the unpaid balance,excluding delayed shall be added to any bill which is not paid on or before the due date. A lication Char e-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service t7 r and location irrespective of prior service with the Board. Rules and Re ulations-Service under this rate is subject tohe Bend by W of ale efe enceht Rules and Regulations for Water Service which are incorporated GENERAL WATER SERVICE RATE NO.2 Availabilit -This rate is available to any customer served on the BWL's water system. Service under this rate is not available for resale. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge:per customer per month or part thereof; Meter 311110 5/8" $8.90 3/4"* $12.46 1,l $23.16 1'/4"or 1'/z' $51.65 Regular Board Mtg. January 26,2010 Page 22 of 24 2" $90.81 3° $204.77 4° $365.02 6" $820.79 8" $1,458.30 101, $2,279.16 Commodity Charge:per ccf of watery used per month; * The BWL standard residential installation is a 1"service line with meter, aheaBWL reserves the right, in its sole judgment,to install 5/8"meters on any new service installation when circumstances t. Power and Chemical Cost Adiustment-The power and chemical cost adjustment shall consist of an increase or iver decrease of 0.10 per ccf billed for each 0.1¢increase or decrease in the average cost of power and chemicals required shall consist of the treated water to the customer's meter above or below 44.70 per ccf. The cost per ccf for the billing period weighted average cost of chemicals,electricity,steam and oil used in pumping and treatment facilities during the one month period preceding the month billed by two months. or political vision which Tax Adjustment-Bills shall be increased other the limits gainst the Board's nproperty tal coy is operation,odrlthe production vies taxes,license fees,franchise fees,or anyf any go 9 thereby prevent other customers from being compelled to share such Iota and/or sale of water,to offset any such cost and increases. Minimum Charge-The minimum charge shall be the above Basic Service Charge applied for 30 days. -A delayed payment on orbcharge of efo a the dupe of the date,unpaid balance,excluding delayed payment charges, Delayed Payment Charge shall be added to any bill which is no paid Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the Board. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. FIRE SERVICE RATE N0.4 ck valve in accordance with Fire A fire service line will be conlnection fe to a ere s s(Rate)sand the current ent waterservi service installation charges set forth the schedule n charges for water system ry in the Rules and Regulations for Water Service. The location of the detector check valve shall be determined by the Water Distribution Engineering Department. N additional e for Fire service lines shall be used for fire of shall)maintain the otecon purposes nl y. testing and fire purposes. The custom c or heck valve anrd fire proteges will be ction iond water d r syst system connected in good condition in compliance with Section 34-9,Repair and Protection of Equipment,of the Code of the City of Lansing, Michigan. Monthly Fire Service Charge-Water supply and maintenance of a fire service line to a detector check valve shall be provided in accordance with the following schedule of charges: Service Size 311110 4"or smaller $61 6" $136 8„ $241 10"or larger $376 vision which Tax Adiustment-Bills shall be increased ow of ha limits 9ai any nst the B e d'snproperty authority its operation or political ,odrlthe production taxes,license fees,franchise fees,or any 9 and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such Iota increases. Regular 2rrd2 g. January 10 Page 23 of 24 Minimum Charge-Billings subject to this rate are not subject to a minim a m balance,excluding delayed payment charges, Dela ed Pa ment Charae-A delayed payment charge of 5%of the unp shall be added to any bill which is not paid on or before the due date o the Board of Water and Light Rules and Regulations for Water Rules and Regulations-Service under this rate is subject Service which are incorporated herein by this reference. LAWN SPRINRAING TE NOA5ER SERVICE an customer served on the BWL's water system designate other uses of water which ere the meter or service is installed Availabilit -This rate is available to Y jurisdiction over sewer system rates ma y solely for lawn sprinkling. Municipalities having j are subject to this rate. Monthly-Shall be computed in accordance with the following charges. not subject to a Basic Service Charge. Basic Service Charge:Billings subject to this rate are Commodity Charge:per ccf of water used per month 311110 all ccf $2.24 averse cost of power and chemicals required to deliver ease hemical Cost Ad'ustment-The power and chemical cost adjustment shall consist of an increase consist rof the Power and C increase or decrease in the g eriod shall of 0.1¢per ccf billed for each 0.10' per ccf for the billing p t of chemicals,electricity,steam and oil used in pumping and treatment facilities during the one month treated water to the customer's meter above or below 44.7¢per ccf. The cos weighted average cos period preceding the month billed by two months. f any,governmental authority or political or theproduction levies TaxTax Ad_ius -Bills shall be increased within ha gestagainst the Boards property,or its op 0 offset any such cost and thereby prevent other customers from being compelled to share such local taxes,license fees,franchise fees,or any and/or sale of water,t increases. Minimum Charge-Billings subject to this rate are not subject to a minimum balance,excluding delayed payment charges. Dela ed Pa ment Charae-A delayed payment charge of 5%of the unpaid shall be added to any bill which is not paid on or before the due date. Application Charge -A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the Board. ions-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Rules and Reaulat this reference. Service which are incur orated herein by FIRE HYDRANT CHARGES RATE NO.6 Annual Fire Hydrant Charge- Water Supp I and maintenance of a fire service line to a public or private fire hydrant shall y be provided in accordance with the following annual schedule of charges: 311110 $399 All Hydrants overnmental authority or political subdivision owdu tioln vies or any other charges against the Board's property,or its operati elledrto share such local Tax Ad_lus�-Bills shall be increased within the limits o any g comp taxes,license fees,franchise fees,such cost and thereby prevent other customers from being and/or sale of water,to offset any increases. Regular Board Mtg. January 26,2010 Page 24 of 24 Minimum Char -Billings subject to this rate are not subject to a minimum balance,excluding delayed payment charges, Delayed Payment Charae-A delayed payment charge of 5%of the unpaid shall be added to any bill which is not paid on or before the duo th date. of Water and Light Rules and Regulations for Water suies and er his ate is subject Service which aueanlcorpo crated herein by bytth srrrefe reference, Effective:March 1,2010 Adopted:January 26,2010 -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. MANAGER'S REMARKS Gene ral Manager Lark announced that on March 4, 2010 the Board alanni g itsrIs Annual Wine, Beer partnership with the Capital Area Community Services charity p s are$35 per in event to support Pennies for Power.The event will be held at the Impression 5 and Cheese tasting 7:00 p.m.Ticket Science Center located at 20 of faMuseum Dmrive iliesfi�the,Lanpsi g community. person. This event helps hundreds COMMISSIONERS' REMARKS There were no Commissioner's remarks. PUBLIC COMMENTS There were no public comments. ADJOURNMENT On motion by Com missioner DeLuca, seconded by Commissioner Kramer, the meeting adjourned at 6:00 P.M. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk February 5, 2010 LANSING BOARD OF WATER & LIGHT RECORD OF DELIVERY/RECEIPT RECIPIENT OFFICE: LANSING CITY CLERK'S OFFICE AUTHORIZED REPRESENTATIVE TO RECEIVE PACKAGE ON BEHALF OF RECIPENT OFFICE: NAME PRINTED: W-ac S(olt SIGNATURE: DATE: " �� DESCRIPTION OF PACKAGE BEING DELIVERED i1 PRELIMINARY BOARD MEETING MINUTES OF JANUARY 26, 2010 On February 4, 2010 I, Calvin L. Jones, delivered the package described above on behalf of the Lansing Board of Water and Light Office of the Corporate S cretary. ., 1 �r /�jv�4' `(Signature) 2010-02-04 (Date) F--41 y F ' d Preliminary Minutes To be approved on 3-23-10 MINUTES OF THE BOARD OF COMMISSIONERS' MEETING LANSING BOARD OF WATER AND LIGHT Tuesday, January 26,2010 The Board of Commissioners met in the Boardroom of the Administrative Offices, 1232 Haco Drive, Lansing, Michigan. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None. - Chairperson Zerkle called the meeting to order at 5:30 p.m. The Corporate Secretary declared a quorum present. Commissioner Kramer led the Pledge of Allegiance. - APPROVAL OF MINUTES Motion by Commissioner DeLuca, seconded by Commissioner Thomas to approve the minutes of the Rescheduled Regular Board Meeting of December 1, 2009. Action: Carried unanimously. PUBLIC COMMENTS MEMBERS OF THE PUBLIC ARE WELCOME TO SPEAK TO THE BOARD ON ANY AGENDA SUBJECT. ANYONE WISHING TO COMMENT ON ANY MATTER NOT ON THE AGENDA MAY DO SO IMMEDIATELY PRIOR TO ADJOURNMENT. Roger Parker of 1108 Pennsylvania stated his concerns regarding the proposed electric and water rate increases. COMMUNICATIONS a. Thank you note from Rosemary Sullivan. Received and Placed on File b. Phone message received on January 21, 2010 from Yvonne Steinway stating opposition to the rate increase. Received and Placed on File Regular Board Mtg. January 26,2010 Page 2 of 24 C. An electronic mailing from Therese Hercher, no address given, requesting a two- month delay for the proposed rate increases. Received and Placed on File d. An electronic mailing from Sandra Finely, no address given, stating concerns regarding the effect the rate increases will have on fixed income Senior Citizens. Received and Placed on File e, . A letter from Jacqueline Macgillivray of 914 Vine St. stating opposition to the rate increases on behalf of all Social Security benefit recipients. Received and Placed on File .................... COMMITTEE REPORTS EXECUTIVE COMMITTEE December 4, 2009 The Executive Committee of the Board of Water and Light met at the Executive Offices, Lansing beginning at 11:30 a.m. on Friday, December 4, 2009. Executive Committee Chair Sandra Zerkle called the meeting to order. The following committee members were present: Commissioners Sandra Zerkle, Peter Kramer, Dennis Louney and Frank Lain. Also present were Board Commissioners Marilyn Plummer and Tracy Thomas (arrived 11:50 a.m.). Absent: None. Public Comments None. Approval of Minutes Motion by Commissioner Lain, seconded by Commissioner Kramer to approve the minutes of the Executive Committee meeting held August 24, 2009. Action: Carried unanimously. Discussion on Furlough Days for Board Appointed Employees Chair Zerkle stated the reason she called for this meeting was to clarity and to let the three employees that report to the Commissioners know exactly what is expected of them regarding the proposed furlough days, in particular the Internal Auditor and the Corporate Secretary. Regular Board Mtg. January 26,2010 Page 3 of 24 General Manager J. Peter Lark stated that he recently entered an agreement approving eight furlough days for the bargaining unit. Commissioner Kramer said at this time we have all management and non-bargaining and collective bargaining team members participating in the furlough days and any different treatment to the employees that report to us is unacceptable and we need to be consistent. There was a brief discussion regarding the job evaluation process for Board Appointed Employees. Commissioner Kramer stated that as a Board he believes that a performance criterion should be established because there is really no base line and no ability to measure performances. He stated that Commissioner DeLuca would write up an explanation of the process and forward it to all Commissioners. Discussion on Reassignment of Job Duties of the Administrative Assistant to the Corporate Secretary There was a lengthy discussion regarding the distribution of the job duties of the former assistant to the Corporate Secretary due to the retirement of Rosemary Sullivan who held that position. Rosemary put together a list of job duties that she performed as Assistant to the Corporate Secretary. General Manager J. Peter Lark stated that he felt that the Commissioners should have one secretary and would offer any assistance that the Corporate Secretary needed. Brandie Ekren, General Counsel said that she had the opportunity to meet with the Corporate Secretary to discuss what additional responsibilities the Corporate Secretary will inherit from the list that was provided by Rosemary. After a lengthy discussion and reviewing the list of additional responsibilities, General Manager Lark stated they the Administration is ready to assist the Corporate Secretary and that some things are being moved as we speak. Chair Zerkle stated that the Corporate Secretary and Legal Counsel should sit down as stated by Mr. Lark and then meet with Human Resources Chair Tony DeLuca. Commissioner DeLuca can then bring recommendations to his Committee. Other Commissioner Louney spoke on the subject of the Commissioners' budget and said that he wanted to lead by example and was wondering if there could be more cuts to their budget. This reduction would show good faith to the employees. After a brief discussion Commissioner Kramer said that normally around May the Board begins discussions about the budget and suggested maybe they could start a little earlier to bring Commissioner's Louney and Plummer up to date. Regular Board Mtg. January 26,2010 Page 4 of 24 Assistant General Manager and Chief Financial Officer Susan Devon said she would be happy to discuss the Commissioners' Budget with any interested Commissioner. There being no further business, the meeting adjourned at 12:30 p.m. Respectfully submitted, Sandra Zerkle, Chair Executive Committee COMMITTEE OF THE WHOLE January 12, 2010 The Committee of the Whole of the Lansing Board of Water and Light met at the Executive Offices, Lansing beginning at 5:30 p.m. on Tuesday, January 12, 2010. Chair Frank Lain called the Committee of the Whole meeting to order and asked the Corporate Secretary to call the roll. Present: Commissioners Margaret Bossenbery, Tony DeLuca, Peter Kramer, Frank Lain, Dennis Louney, Marilyn Plummer, Tracy Thomas and Sandra Zerkle. Absent: None Public Comments There were no public comments. Approval of Minutes Motion by Commissioner Zerkle, seconded by Commissioner Bossenbery to approve the Committee of the Whole meeting minutes of November 11, 2009. Action: Carried unanimously. Rate Hearing Materials General Manager J. Peter Lark presented the Committee of the Whole with materials relevant to the proposed rates increases. General Manager Lark stated that the same material had essentially been presented to the Finance Committee and he wanted to present this information to the Committee of the Whole as well. He stated that some of the figures might be slightly different because they were related to earlier months while the figures included in this packet of information are related to the month of November. He said the information in this packet is pretty accurate as to what will be presented at the Public Hearing next Thursday. Commissioner Zerkle asked if there had been any feedback from the press. In response to Commissioner Zerkle's question, General Manager Lark stated that the Lansing State Journal ran a couple of articles but believes that they were in general supportive of the rate request and one article stated that future rate increases would be in order as well. He said that he Regular Board Mtg. January 26,2010 Page 5 of 24 believes furlough days and the fact that more than e required increase was due to State Law requirements were contributing factors to the feedback General Manager Lark spoke about noticing the public and said that staff has made people aware of the upcoming Public Hearing by printing a notice S Webs bottom of customers' utility bills as well as placing the notice on the Board of Water& Light Commissioner Pete Kramer suggested placing the positive points first when making the presentation at the Public Hearing. He said there is a lot of reat information in this implemented and all of the geeat work sentation about the offsetting cost saving programs that have been p that has been done over the past two years and it should come up front while you have the attention of the audience. Report on Ghana Trip General Manager Lark introduced Tim Hyde, Water Production Manager for the Board of Water& Light. General Manager Lark stated that the City of Lansing a Sisterir City in Ghana, and to kend m South, and there has been a request to help the Sister City with The advice. Tim Hyde was chosen to be the BWL's representative to go to it was funded we h South.Feder Mo Board this trip;of Water& Light did not have to spend any money on p, Mr. Hyde said the Lansing Regional Sister Commission approached the Board of Water& Light's General Manager Peter Lark and Dick Peffley, Executive aDwastor of Water headed to AOkpapem Soions uth, Ghana, Special Projects, about a representative to join the delegation to assess their sanitation and hygiene needs as part of a Federal Government Grant. Mr. Hyde gave an overview of his trip and reviewed ahem pictures outh shat deal dealing with.ded in the(Pictures aae ocket that showed some of the sanitation issues that Ak p file and available for viewing in the Office of the Corporate Secretary) Mr. Hyde said that Ghana is a very friendly and beautiful nation and they were very hospitable and he would not turn it down if it works out that he has the opportunity to go there again. LED Lights General Manager Lark introduced Kellee Christensen, Manager of Customer Projects & Development for the Board of Water& Light. General Manager Lark stated LED lights have been installed tledfifrom the xtures, b Rad sson ut Lead of tel on Grand ing 400--watt Avenue to the Lansing State Journal. They look likeregular lamps, the LED's only use 40 watts. He said these lights are on the cutting edge and the Board of Water& Light is really in the vanguard of street light o� at Tonight& Light has re e ved spot of att and ntion others coming by to view our LED lights. The Boar press wise throughout the country on the LED lights. Ms. Christensen stated that the Board of Water& Light frLansin completed The C'ty ofpransing wanted to Avenue that they undertook at the request of the City 9 Regular Board Mtg. January 26,2010 Page 6 of 24 make the streets more "Green" to go along with the rain gardens and the other green initiatives that they are doing. A Grant was applied for through APPA to look at the idea of piloting LED Street Lighting. Ms. Christensen stated that her team worked with the manufacturer to develop a better-looking product that met standard lighting patterns and fit Lansing's historic light fixtures. She stated that the Grant was the catalyst and there were 30 prototype lights installed and evaluated for about a year after they were installed. Ms. Christensen said her team worked hard with Sylvania to come up with the product that is now installed. She said tonight about 18 people are coming to town to view the LED street lights, including other municipalities as well as Sylvania's engineering and sales people. Ms. Christensen stated that Management has been extremely supportive of this project and her team is excited as they continue to push forward. Chairs' Reports Commissioner Zerkle stated that she is the longest standing Commissioner that the Board has and she has dealt with many personality issues. said the threecurrent Co Board Committees whe superb, e decisions should everyone to be mindful and to remember that there are be made, and when decisions are made other Commissioners should respect that. Chair Lain stated that commissioners are allowed and encouraged to attend any Committee meeting to be more informed. Other None Adiourn On Motion by Commissioner Thomas, seconded by Commissioner DeLuca, the meeting adjourned at 6:24 p.m. Respectfully submitted Frank Lain, Chair Committee of the Whole .................... MANAGER'S RECOMMENDATIONS General Manager J. Peter Lark addressed some i o questions askingthat the Board for during the� approval of Public Hearing on the proposed electric and water ncrease before the resolution before them. RESOLUTION#2010-01.01 Resolution Regular Board Mtg. January 26,2010 Page 7 of 24 Electric and Water Rate Increases WHEREAS,the Corporate Financial Target for each a of the d aterialsing Board of a9d supplies would requater and se$18 gic business units is 6.18% return on net fixed assets million of electric net income and$11.8 million of water net income; and uding WHEREAS,the Fiscal Year 2010 Electric Utility budget filedin compliance with the City th 2008 PAf Lansing, 1295,wouldaesult in ed costs of Renewable Energy and Energy Optimization Plans electric net income of$3.2 million or a 1.13%return on net fixed assets and materials and supplies, and summer WHEREAS,first quarter electric retail sales reduction current e o bomic�ondi ions will neoler than lgatively affect the reductions in wholesale revenues reflective of the Fiscal Year 2010 budgeted net income beyond that reflected in the original budget projections; and resu in a WHEREAS,the Fiscal Year 2010 Water Utility budget eturn old with the City n net fixed assetsandimatenals and supplies;tand utility net loss of$6.4 million or a negative 3.53/ WHEREAS,the current forecast of electric and water net income projection for Fiscal Year 2010 are$2.6 million and negative$4.7 million respectively; and WHEREAS,the Staff has proposed implementation of a Renewable Energy Plan Surcharge to recover the cost of 2008 PA 295 compliance; and entation of an Energy Optimization Surcharge to recover the WHEREAS,the Staff has proposed implem cost of 2008 PA 295 compliance; and hat the Basic Service Charges for certain electric rate schedules WHEREAS,the Staff has recommended t be increased; and WHEREAS,the Staff has proposed to increase annual water billings by$2.3 million, and WHEREAS, notice of the proposed increases were communicated to all customers by public notice on January 6, 2010, and a public hearing was held on January 21,2010 to receive comments on the proposed increases;and WHEREAS,the Board of Commissioners has considered the comments of the public as well as recommendations made by the BWL. te RESOLVED,that the electric and water rate schedules electric an water consumption triisted d below deta in the ttached iled or aftea March 1ra2010. schedules be adopted and made effective f ELECTRIC: (Attachment A) Residential Service-Rate 1 General Service-Rate 3 Large General Service-Rate 4 Primary Service-Rate 5 Municipal Water Pumping Service-Rate 7 Large Capacity Service-Rate 8 Traffic Light Service-Rate 11 Space Conditioning and Electric Water Heating Service-Rate 12 Residential Senior Citizen-Rate 21 Street Lighting Service-Rate 31 Street Lighting Service-Rate 32 Renewable Energy Plan Surcharge Regular Board Mtg. January 26,2010 Page 8 of 24 Energy Optimization Surcharge WATER: (Attachment B) Residential Water Service—Rate 1 General Water Service—Rate 2 Fire Service—Rate 4 Lawn Sprinkling Water Service—Rate 5 Fire Hydrant Charges—Rate 6 Motion by Commissioner Louney, seconded by Commissioner Kramer, to approve the resolution for the electric and water rate schedules effective on or after March 1, 2010. Action: Carried unanimously Vice Chair Lain thanked Management team for all of their hard work during this process. Chair Zerkle thanked General Manager Lark and all of the staff at the Board of Water& Light. She stated that this process has been much better under the leadership of Mr. Lark. She also commended the Commissioners' because this was not an easy decision in this economic crisis. Ultimately the Commissioners' responsibility is to remember the mission, which is to have safe, reliable, reasonable rates and good stewardship for the environment. Detailed rate schedules listed below. Attachment A Electric Rate Schedules RESIDENTIAL ELECTRIC SERVICE RATE NO.1 Availability-This rate is available to any single-family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through one meter. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single-family or multifamily dwelling unit of 4 units or less when a portion of the dwelling unit is used for commercial,industrial,or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Nature of Service-The service is alternating current,60 hertz,single phase, 120/240 nominal volts. Monthly Rate - Shall be computed in accordance with the following charges: 311110 Basic Service Charge $7110 Per customer per month Commodity Charge Summer Billing Months of June through October $0799 Per kWh for the first 500 kWh $.0847 Per kWh for all over 500 kWh Winter Billing Months of November through May $0799 Per kWh for the first 500 kWh $0829 Per kWh for all over 500 kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.00051kWh. Regular Board Mtg. January 26,2010 Page 9 of 24 Renewable EnerMy Plan Surcharge—This rate is referect to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by e. Energy optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a Separate rate schedule incorporated herein by this reference. mmental Tax Adjustment-Bills shall be increased within the limits against the Bf any gove oa d of Waterland Light(BWL)prropority or political erty,or ion which levies taxes,license fees,franchise fees,or any other charge g operation,or the production and/or sale of electric energy,to offset any such cost and thereby prevent other customers from being compelled to share such local Increase g y payment charges, Delayed Payment Charge-A delayed dpay oebefo ere of due dof the unpaid balance,excludin dela ed shall be added to any bill that is not pa Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL Rules and Regulations - Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. GENERAL ELECTRIC SERVICE RATE NO.3 Availabili -This rate is available to any customer desiring secondary voltage service for any purpose when supplied atone livery through one meter. The limitatio point of de n to secondary-voltage service may be waived in instances where the the electric load at the premises served has changed substantially. This rate is not available for emergency or character delivery standby service. phose. The secondary voltage is Nature of Service-The service is alternating current,60 hertz,single phase or three determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. 311110 per customer per month Basic Service Charge $17•98 Summer Billing Months of June through October Commodity Charge $0924 per kWh Winter Billing Months of November through May $0892 per kWh Mini-The minimum bill is the basic service charge included in the monthly rate. charges and Ene Cost Adiustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy 9 calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to Environmental Charge is$0.00051kWh Charge as defined on a separate rate schedule incorporated herein by this reference. The currentsubjectrcharq�—This rate is g plan Surcharge as defined on a Renewabl to sched wean oupo ated herein by this reference the Renewable Energy separate ra Energy0 timization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment ision which levies Bills shall be increased within the limits°f any ainst the BWL pmtal Pertytho authority operation,or the producton and/or taxes,license fees,franchise fees,or any other charges g sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Meterin -Where the BWL elects to measure the service on the primary side of the transformers,the metered kWh thus _B measured will be reduced by 3%for billing purposes to adjust for transformer losses. Where the customer receives service Regular Board Mtg. January 26,2010 Page 10 of 24 through more than one meter,the consumption as registered by the different meters will not be combined for billing purposes, but will be computed and billed separately. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. LARGE GENERAL ELECTRIC SERVICE RATE NO.4 Availabili -This rate is available to any customer desiring secondary voltage for any purpose when the electrical requirements are supplied at one point of delivery through one metering installation and the billing demand is 15 kW or more. The limitation to secondary-voltage service may be waived in instances where the character of the electric load at the premises served has changed substantially. This rate is not available for standby or emergency services. Nature of Service-The service is alternating current,60 hertz,single phase or three phase. The secondary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $38.35 per customer per month Capacity Charge $10.03 Per kW for all kW of Maximum Demand Commodity Charge Summer Billing Months of June through October $.0528 Per kWh Winter Billing Months of November through May $.0489 Per kWh Reactive Power Charge $0.0091 per kvarh in excess of 50%of total kWh. The Reactive Power Charge shall be applicable to customers who have reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power factor. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adiustmnna separate rate is schedule subject to n Energy Cost herein Adjustment factor act r added to the above energy charges and calculated as defined o Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.00051kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energv Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Ad_iustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise tosoff et any any other such cost and charges therebyagainst prevent o her property, customers r from being compelled production to shame such and/or sale of electrical energy, Y local increases. Billing Demand-The billing demand shall be the kW supplied during the 15-minute period of maximum use during the month. ary side of the transformer,the kW and Metering-Where the BWL illlects to measure the service on the be reduced by 3%for billing purposesrt metered h o adjust for transformer losses. Where the customer quantities thus measured Regular Board Mtg. January 26,2010 Page 11 of 24 receives service through more than one metering installation,,II be computedtlon as and billed registered sepa ately.the different metering installations will not be combined for billing purposes, payment charges, Delayed Payment Charge A delayed payment charge of 5%of the unpaid balance,excluding delayed shall be added to any bill that is not paid on or before the due date. ANC lication Char e A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Re ulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. PRIMARY ELECTRIC SERVICE RATE NO.5 volts a service when the electrical requirements are Availabilit This rate is available to any customer desiring primary 9 This rate is not available for standby or emergency service. supplied atone point of delivery through one metering a stallation(except as provided below for Multiple Delivery Point PP Aggregation)and the billing demand is 100 kW or m voltage is determined by the Nature of Service-The service is alternating current,60 hertz,three phase. The primary 9 Board of Water and Light(BWL) Month ate-Shall be computed in accordance with the following charges: 311110 95.90 per customer per month Basic Service Charge $$814 per kW for all kW of On Peak Billing Demand,plus Capacity Charge $2 70 Per kW for all kW of Maximum Demand Summer Billing Months of June through October Commodity Charge $0.043 Per kWh for all kWh during the On-Peak Period,plus $0.045 Per kWh for all kWh during the Off Peak Period,plus Winter Billing Months of November through May $0.044 Per kWh for all kWh during the On-Peak Period,plus $0.045 Per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.0091 per kvarh in excess of 50%of total kWh The Reactive Power Charge shall be applicable to custome who othave reactive kilovar hour(kvarh)metering installed in accordance with BWL Rules and Regulations regarding power Mini-The minimum bill is the basic service charge included in the monthly ustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and Energy Cost Ada calculated as defined on a separate rate schedule incorporated herein by this defined on a separate rate schedule Environmental Charge—This rate is subject to nt Environmental Charge incorporated herein by this reference. The current Environmental Charge is$0.00051kP n Surcharge as defined on a Renewable Enered wean incorporated herein bythis reference.rate is subject o the Renewable Energy separate rate schedule En erg 0 timization Surchar e—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. ch or its operation,or the production x Adjustment-Bills shall be increased within the limits against the Board's propovernmental rty authority or political subdivision ed to share Ta_� taxes,license fees,franchise fees,or any other charges g and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled such local increases. Billing Dew hall be the kW supplied during the 15-minute period of On-Peak Billing Demand: The On-Peak Billing Demand s maximum use during the On-Peak Period during the month. Regular Board Mtg. January 26,2010 Page 12 of 24 Maximum Demand: The Maximum Demand shall be the kW supplied during the 15-minute period of maximum use during the month whether on peak or off-peak. Schedule of on peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m.until 6:00 p.m.,Monday through Friday. All other hours shall comprise the Off-Peak Period. PRIMARY ELECTRIC SERVICE RATE NO.5 very points of a customer may be Multiple Delivery Point Aggregation -Thun- eak Billing Demaute nd underthe followings of l dConle 15-min ddo s: (a)the Maximum Demand at summed for determination of the total and each delivery point must equal or exceed service contract k ;(bh the BWL the cueak stomer's Ds full electrical n t brvicesrequireme0nt0s at the (c)the customer shall agree to a se aggregated delivery points for a period of not less than five(5)years. Aggregation shall be applicable for determination of g the On-Peak Billing Demand only. All other charges,including the Basic Service Charge and Maximum Demand,shall apply to each delivery point independently. Meteringers,the metered kW -When the BWL elects to ameasure the increased bs 3%service billing spu poses to adjust econdary side of hfor transforlmer losses. Where the kWh quantities thus measured will b Y customer receives service combined forr ore than one m billing purposes,p ses,but will be eter (billed and computed separately on,consumption as registered bexcept as meter for in installations will not bebe Multiple Delivery Point Aggregation. er shall be ing and ning Equipment Supplied by Customer-The custom protective equipments squired for fservice beyond the or furnishing, IBWL primary-voltage l olt gedelivery necessary transforming,controllingT point. At the sole option of the BWL,a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. MUNICIPAL WATER PUMPING ELECTRIC SERVICE RATE NO.7 an vice for Availability-This rate is available to any ateriti production equipment division or agency when the entaee of electr cal9 requirements are supplied aatle water pumping and associated potable p one point of delivery through one meter. This rate is not available for emergency,standby,or auxiliary service. Nature of Service-The service is alternating current,60 hertz,three phase. The secondary or primary voltage is determined by the BWL. Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $107g9 Per kWh Per customer per month Commodity Charge $ Mini-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adiustment-This rate is subject to an Energy Cost incorporated hereon stmen this actorere added to the above energy charges and calculated as defined on a separate rate schedule Environmental Char e—This Theecurrent Environmental lChargee as defined on a is$0.00051kWh separate rate schedule incorporated herein by this reference Regular Board Mtg. January 26,2010 Page 13 of 24 Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Metering-Where the BWL elects to measure the service on the primary side of the transformers serving the customer,the metered kWh thus measured will be reduced 3%for billing purposes to adjust for transformer losses. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. LARGE CAPACITY ELECTRIC SERVICE RATE NO.8 Availability-This rate is available to any customer desiring primary voltage service when:(a)the electrical requirements are supplied at one or more points of delivery as provided below for Multiple Delivery Point Aggregation;(b)where the total On- Peak Billing Demand is 25,000 kW or more;and(c)the customer agrees to a service contract with the BWL for the customer's full electrical service requirements at the applicable delivery points for a period of not less than ten(10)years. This rate is not available for standby or emergency service. Nature of Service-The service is alternating current,60 hertz,three phase. The primary voltage is determined by the Board of Water and Light(BWL). Monthly Rate-Shall be computed in accordance with the following charges: 311110 Basic Service Charge $299.69 per delivery point per month Capacity Charge $9.17 per kW for all kW of On-Peak Billing Demand,plus $1.72 per kW for all kW of Maximum Demand Commodity Charge Summer Billing Months of June through October $0.0421 per kWh for all kWh during the On-Peak Period,plus $0.0374 per kWh for all kWh during the Off-Peak Period,plus Winter Billing Months of November through May $0.0406 per kWh for all kWh during the On-Peak Period,plus $0.0374 per kWh for all kWh during the Off-Peak Period Reactive Power Charge $0.0091 Per k varh in excess of 50%of total kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Regular Board Mtg. January 26,2010 Page 14 of 24 Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Billing Demand On-Peak Billing Demand: The On-Peak Billing Demand shall be the total kW supplied to all applicable delivery points during the 15-minute period of maximum use during the On-Peak Period during the month. (See Multiple Delivery Point Aggregation.) Maximum Demand: The Maximum Demand for each delivery point shall be the kW supplied during the 15-minute period of maximum use during the month whether on peak or off-peak. LARGE CAPACITY ELECTRIC SERVICE RATE NO.8 Schedule of on-peak and off-peak periods-The On-Peak Period shall be from 10:00 a.m.until 6:00 p.m.,Monday through Friday. All other hours shall comprise the Off-Peak Period. Multiple Delivery Point Aggregation-The 15-minute period demands of multiple delivery points of a customer shall be summed for determination of the total On-Peak Billing Demand under the following conditions: (a)the Maximum Demand determined at each delivery point must equal or exceed 1,000 kW;and(b)the total On-Peak Billing Demand shall not be less than 25,000 kW. Aggregation shall be applicable for determination of the On-Peak Billing Demand only. All other charges, including the Basic Service Charge and Maximum Demand,shall apply to each delivery point independently. Metering-When the BWL elects to measure the service on the secondary side of the transformers,the metered kW and kWh quantities thus measured will be increased by 3%for billing purposes to adjust for transformer losses. Where the customer receives service through more than one meter installation,consumption as registered by the different meter installations will not be combined for billing purposes,but will be billed and computed separately except as provided for Multiple Delivery Point Aggregation. Equipment Supplied by Customer-The customer shall be responsible for furnishing,installing and maintaining all necessary transforming,controlling and protective equipment required for service beyond the BWL primary-voltage delivery point. At the sole option of the BWL,a customer may lease such transformers or other equipment from the BWL under terms established by the BWL. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. RATE NO.11 Availability-This rate is available to any political subdivision or agency of the State of Michigan desiring unmetered secondary service for operating traffic lights installed on streets or highways for traffic control and guidance. Nature of Service-The service is alternating current,60 hertz,single phase, 120/240 nominal volts Monthly Rate-Shall be computed in accordance with the following charges. 311110 Basic Service Charge $2.30 Per customer per month Regular Board Mtg. January 26,2010 Page 15 of 24 Commodity Charge $.0356 Per watt of active load per month The actual labor,material,miscellaneous and indirect charges experienced maintaining and relamping traffic signals during the preceding month. Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Determination of Active Load-The active load of flasher lamps or cyclically operated traffic control lamps shall be 50%of total wattage of all lamps used during one complete cycle of operation. The active load of continuous,non-intermittent steady burning lamps shall be 100%of the total wattage of all lamps used. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. SPACE CONDITIONING AND ELECTRIC WATER HEATING SERVICE RATE NO.12 Availability-This rate is available to any customer desiring service for commercial/industrial space conditioning and/or electric water heating furnished through a separate meter to which no other electrical device except electric space heating, electric air conditioning,humidity control equipment or electric water heating equipment may be connected. Electric space heating will be considered to include heating by light system provided the primary means of space heating at the time of maximum heating requirements will be furnished by the lighting system with the balance of the heating requirements furnished by supplementary electric heating equipment. This rate is not available to new applications for heat for light systems received after March 1, 1979. This rate is not applicable to the use of electricity for electric air conditioning unless the customer has permanently installed electric space heating equipment and uses it as the principal source of space heating,or to the use of electricity for occasional or seasonal substitute for another method of water heating. Nature of Service-The service is alternating current,60 hertz,single phase at Board of Water and Light(BWL)available secondary voltage. Three phase service will be furnished at BWL option. Monthly Rate-Shall be computed in accordance with the following charges. 3/1110 Basic Service Charge $23.97 Commodity Charge Summer Billing Months of June through October $.1048 per kWh Winter Billing Months of November through May $.0680 per kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Regular Board Mtg. January 26,2010 Page 16 of 24 Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bill shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. RESIDENTIAL ELECTRIC SERVICE, SENIOR CITIZEN RATE NO.21 Availabili -This rate is available to any single family or multifamily dwelling of 4 units or less when the entire electric requirements are supplied at one point of delivery through the same meter. The customer must be 65 years of age and head of the household being served. Service to appurtenant buildings may be taken through the same meter. Service under this rate is not available to any single family or multifamily dwelling of 4 units or less unit when a portion of the residence or dwelling unit is used for commercial,industrial,or resale purposes unless the wiring is so arranged that service for residential and non-residential purposes are metered separately. Customers taking service under this rate shall provide evidence of age and contract with the Board of Water and Light(BWL) to remain on this rate for at least twelve(12)months. Nature of Service-The service is alternating current,60 hertz,single phase, 120/240 nominal volts. Monthly Rate-Shall be computed in accordance with the following charges. 3/1110 Basic Service Charge $4.83 Commodity Charge $.0598 per kWh for the first 300 kWh $.0957 per kWh for the next 200 kWh $.1257 per kWh for all over 500 kWh Minimum Bill-The minimum bill is the basic service charge included in the monthly rate. Energy Cost Adjustment-This rate is subject to an Energy Cost Adjustment factor added to the above energy charges and calculated as defined on a separate rate schedule incorporated herein by this reference. Environmental Charge—This rate is subject to an Environmental Charge as defined on a separate rate schedule incorporated herein by this reference. The current Environmental Charge is$0.0005/kWh. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Energy Optimization Surcharge—This rate is subject to the Energy Optimization Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Regular Board Mtg. January 26,2010 Page 17 of 24 Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the BWL. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO. 31 Availabili -Available to any political subdivision or agency of the State of Michigan for street lighting service for any system consisting of one or more luminaires where the BWL has an existing distribution system with secondary voltage available. Luminaires may be installed with no limitations as to spacing between luminaires. Where an overhead line extension is required to serve one or more luminaires,the BWL will furnish 350 linear feet of line extension per luminaire served from such extension. A special agreement will be required if more than 350 linear feet of line extension per luminaire is required. Nature of Service-The BWL will furnish,install,own,operate,and maintain all equipment comprising the street lighting system,and supply the unmetered energy. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire with fixture and setting,payable in twelve(12)monthly installments,shall be as follows; High Pressure Sodium Luminaire 311110 70 W $78 100 W $88 150 W $103 250 W $125 400 W $159 1000 W $326 Mercury Vapor Luminaire' 100 W $83 175 W $99 250 W $117 400 W $151 1000 W $285 Metal Halide Luminaire 175 W $174 250 W $199 400 W $201 1000 W $390 1500 W $598 Induction Luminaire 85 W $83 165 W $100 Rates apply to existing luminaires only and are not open to new business except where the BWL elects,at the customers request,to install additional luminaires within an area already served by a mercury vapor lighting system STREET LIGHTING SERVICE BOARD OWNED SYSTEMS RATE NO.31 Regular Board Mtg. January 26,2010 Page 18 of 24 Annual Rate(continued) plus an additional annual charge,depending on type of installation,of: 311/10 Wood Pole—Overhead Service None Wood Pole—Underground Service $90 Concrete Pole—Overhead Service $142 Concrete Pole—Underground Service $142 Post Top $90 Historic—Single Top $295 Large Historic—Dual Top $863 Small Historic—Dual Top $613 Wall/Tunnel—8760 hours $125 Wall/Tunnel—4200 hours $76 Bollard $293 Customer Contribution-The annual rates are based on fixtures normally stocked by the BWL,and installed utilizing normal construction techniques. The BWL may,at its option,upon customer request install a street lighting system not covered by the rates below. The customer,after installation,will be required to make a one time contribution equal to the difference between the actual installed cost and the BWL estimated installed cost of a standard installation. The annual unit charge for each luminaire will then be as stated below. Unit Replacement-The BWL may,at its option,upon customer request replace existing street light units. After installation, the customer shall make a one time contribution equal to the undepreciated value of the unit plus the cost of removal. Special Terms and Conditions-The BWL reserves the right to make special contractual arrangements as to termination charges,contributions in aid of construction,term or other special considerations when the customer requests service, equipment or facilities not normally provided under this rate. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO.32 Availability-Available to any political subdivision or agency of the State of Michigan for street lighting service for any system consisting of one or more luminaires where the BWL has an existing distribution system available. Nature of Service-The BWL will connect the customer's equipment to BWL lines,furnish the control equipment,supply the unmetered energy,control the burning hours of the lamps,provide normal replacement of luminaire refractors,control devices and lamps. The customer will furnish,install and own all equipment comprising the street lighting system,including, but not limited to the overhead wires or underground cables between luminaires and the supply circuits extending to the point of attachment with the BWL. All maintenance and replacement of the customer's equipment except normal lamp and glass replacement shall be paid by the customer. The BWL reserves the right to furnish service from either a series or multiple system or both. Annual Rate-The annual rate per luminaire,payable in twelve(12)monthly installments,shall be as follows: High Pressure Sodium Luminaire 3/1110 Regular Board Mtg. January 26,2010 Page 19 of 24 70 W $41 100 W $51 150 W $65 250 W $87 400 W $123 1000 W $291 Mercury Vapor Luminairez 175 W $60 250 W $79 400 W $112 1000 W $247 Incandescent Luminaire3 2500 L $82 4000 L $130 6000 L $158 Maintenance Charge-The actual labor,material,miscellaneous and indirect charges experienced maintaining street light units during the preceding month. Combined Rates-The annual rate for units consisting of more than one luminaire shall be the appropriate combination of individual unit charges above. Rates apply to existing luminaires only and are not open to new business except where the BWL elects,at the customer's request,to install additional luminaires within an area already served by a mercury vapor lighting system. Rates apply to existing luminaires only and are not open to new business. STREET LIGHTING SERVICE CUSTOMER OWNED SYSTEMS RATE NO.32 Special Terms and Conditions-The BWL reserves the right to make special contractual arrangements as to termination charges,contributions in aid of construction,term or other special considerations when the customer requests service, equipment or facilities not normally provided under this rate. Renewable Energy Plan Surcharge—This rate is subject to the Renewable Energy Plan Surcharge as defined on a separate rate schedule incorporated herein by this reference. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the BWL property,or its operation,or the production and/or sale of electrical energy,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill that is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the BWL Rules and Regulations for Electric Service incorporated herein by this reference. RENEWABLE ENERGY PLAN SURCHARGE The Renewable Energy Plan Surcharge(REP Surcharge)is designed to recover Renewable Energy Plan program costs,as required by 2008 PA 295. The REP Surcharge will appear as a line item on the customer's bill. 3 Regular Board Mtg. January 26,2010 Page 20 of 24 Monthly REP Surcharges are as follows: REP Surcharge Rate Schedule 3/1/2010 Residential Rate 1 Residential $2.50/customer Rate 21 Senior Citizen Residential $1.50/customer Secondary Commercial and Industrial Rates 3,4,7,and 12 $0.003/kWh Minimum Monthly Charge $3.50/customer Maximum Monthly Charge $15.00/customer Primary Commercial and Industrial $160.00/delivery point Rates 5 and 8 Traffic Light Service Rate 11 Less than 914 Active Watts $3.00/Intersection 914-3650 Active Watts $9.00/Intersection Greater than 3650 Active Watts $15.00/Intersection Street Lighting Service Rates 31 and 32 Less than 100W Luminaire $0.20/Luminaire 100W or greater Luminaire $0.50/Luminaire ENERGY OPTIMIZATION SURCHARGE The Energy Optimization Surcharge(EO Surcharge)is designed to recover Energy Optimization Plan program costs,as required by 2008 PA 295. The EO Surcharge will appear as a line item on the customer's bill. Monthly EO Surcharges are as follows: EOSu'chage EOSurftige Sef-Drected RateSchedle 3/1/2010 3112010 Resdential Raie 1 Resideri�l $OD0185,acVUh � Rate 21 SegiorCitzenResiderihl $OD018513cWh NIA SrrallSecodaN Commexialand tidustral $658�usbrrer $Q46tustorsr RafBs3,7,and12 Lase Semndarycommecialand Industrial $6578,Cusbrrer $4.61,t;ustorsr �� 4 Primarl Commeaial andindustual Raias5and8 $46120deli)erypoint $3.28delierypdnt Regular Board Mtg. January 26,2010 Page 21 of 24 Attachment B RESIDENTIAL WATER SERVICE RATE NO.1 Availability-This rate is available to any single-family residence or multifamily dwelling of 4 units or less served by one meter. Monthly Rate-Shall be computed in accordance with the following charges. Basis Service Charge:per customer per month or part thereof: Meter 3/1110 5/8" $8.90 3/4"* $12.46 ill $23.16 1'/4"or 1'/2" $51.65 2" $90.81 Commodity Charge: per ccf of water used per month; $2.24 * The BWL standard residential installation is a 1"service line with a %"meter. The BWL reserves the right, in its sole judgment,to install 518"meters on any new service installation when circumstances warrant. Power and Chemical Cost Adjustment-The power and chemical cost adjustment shall consist of an increase or decrease of 0.10 per ccf billed for each 0.10 increase or decrease in the average cost of power and chemicals required to deliver treated water to the customer's meter above or below 44.70 per ccf. The cost per ccf for the billing period shall consist of the weighted average cost of chemicals,electricity,steam and oil used in pumping and treatment facilities during the one month period preceding the month billed by two months. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge-The minimum charge shall be the above Basic Service Charge applied for 30 days. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the Board. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. GENERAL WATER SERVICE RATE NO.2 Availability-This rate is available to any customer served on the BWL's water system. Service under this rate is not available for resale. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge:per customer per month or part thereof; Meter 311110 5/8" $8.90 3/4"* $12.46 ill $23.16 1'/4"or 1Y2' $51.65 Regular Board Mtg. January 26,2010 Page 22 of 24 2" $90.81 3" $204.77 4" $365.02 6" $820.79 8" $1,458.30 10" $2,279.16 Commodity Charge:per ccf of water used per month; $2.24 * The BWL standard residential installation is a 1"service line with a Y4"meter. The BWL reserves the right, in its sole judgment,to install 518"meters on any new service installation when circumstances warrant. Power and Chemical Cost Adjustment-The power and chemical cost adjustment shall consist of an increase or decrease of 0.10 per ccf billed for each 0.10 increase or decrease in the average cost of power and chemicals required to deliver treated water to the customer's meter above or below 44.70 per ccf. The cost per ccf for the billing period shall consist of the weighted average cost of chemicals,electricity,steam and oil used in pumping and treatment facilities during the one month period preceding the month billed by two months. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge-The minimum charge shall be the above Basic Service Charge applied for 30 days. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the Board. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. FIRE SERVICE RATE NO.4 Fire Service - A fire service line will be installed to a fire hydrant(s)or a customer's detector check valve in accordance with the schedule of charges for water system connection fees(Rate 3)and the current water service installation charges set forth in the Rules and Regulations for Water Service. The location of the detector check valve shall be determined by the Water Distribution Engineering Department. Fire service lines shall be used for fire protection purposes only. No additional charges will be made for water used for testing and fire purposes. The customer shall maintain the detector check valve and fire protection system connected thereto in good condition in compliance with Section 34-9,Repair and Protection of Equipment,of the Code of the City of Lansing, Michigan. Monthly Fire Service Charge-Water supply and maintenance of a fire service line to a detector check valve shall be provided in accordance with the following schedule of charges: Service Size 311/10 4"or smaller $61 61, $136 8" $241 10"or larger $376 Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Regular Board Mtg. January 26,2010 Page 23 of 24 Minimum Charge-Billings subject to this rate are not subject to a minimum charge. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. LAWN SPRINKLING WATER SERVICE RATE NO.5 Availability-This rate is available to any customer served on the BWL's water system where the meter or service is installed solely for lawn sprinkling. Municipalities having jurisdiction over sewer system rates may designate other uses of water which are subject to this rate. Monthly Rate-Shall be computed in accordance with the following charges. Basic Service Charge:Billings subject to this rate are not subject to a Basic Service Charge. Commodity Charge:per ccf of water used per month 311110 all ccf $2.24 Power and Chemical Cost Adjustment-The power and chemical cost adjustment shall consist of an increase or decrease of 0.1¢per ccf billed for each 0.1¢increase or decrease in the average cost of power and chemicals required to deliver treated water to the customer's meter above or below 44.70 per ccf. The cost per ccf for the billing period shall consist of the weighted average cost of chemicals,electricity,steam and oil used in pumping and treatment facilities during the one month period preceding the month billed by two months. Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Minimum Charge-Billings subject to this rate are not subject to a minimum charge. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Application Charge-A$7.00 charge shall be added to the first regular bill for all customers turning on service at a service location irrespective of prior service with the Board. Rules and Regulations-Service under this rate is subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporated herein by this reference. FIRE HYDRANT CHARGES RATE NO.6 Annual Fire Hydrant Charge- Water Supply and maintenance of a fire service line to a public or private fire hydrant shall be provided in accordance with the following annual schedule of charges: 311110 All Hydrants $399 Tax Adjustment-Bills shall be increased within the limits of any governmental authority or political subdivision which levies taxes,license fees,franchise fees,or any other charges against the Board's property,or its operation,or the production and/or sale of water,to offset any such cost and thereby prevent other customers from being compelled to share such local increases. Regular Board Mtg. January 26.2010 Page 24 of 24 Minimum Charge-Billings subject to this rate are not subject to a minimum charge. Delayed Payment Charge-A delayed payment charge of 5%of the unpaid balance,excluding delayed payment charges, shall be added to any bill which is not paid on or before the due date. Rules and Regulations-Service herein by this hi srat eis subject to the Board of Water and Light Rules and Regulations for Water Service which are incorporatedY Effective:March 1,2010 Adopted:January 26,2010 -------------------- UNFINISHED BUSINESS There was no Unfinished Business. NEW BUSINESS There was no New Business. MANAGER'S REMARKS General Manager Lark announced that on March 4, 2010 the Board of Water&Light, in partnership with the Capital Area Community Se charityvices even is planning t will bets heldt at the Impress on 5 Annual Wine, Beer and Cheese tasting event to support Pennies for Power. The Science Center located at 200 Museum Drive froLansing 5:30p community.7:00 . Tickets are $35 per person. This event helps hundreds of families COMMISSIONERS' REMARKS There were no Commissioner's remarks. PUBLIC COMMENTS There were no public comments. ADJOURNMENT On motion by Commissioner DeLuca, seconded by Commissioner Kramer, the meeting adjourned at 6:00 P.M. M. Denise Griffin, Corporate Secretary Filed with Lansing City Clerk February 5, 2010