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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2012 - SECOND READING OF ORDINANCE NO. 114, 2012, AMENDINDATE: November 6, 2012 STAFF: Lance Smith Steve Catanach AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 36 SUBJECT Second Reading of Ordinance No. 114, 2012, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. EXECUTIVE SUMMARY The 2013 electric rate increases which average 4.33% are proposed to vary by customer class from 3.35% to 5.33%. The proposed changes will impact individual electric customers more or less than the customer class averages and will vary by season. This Ordinance was adopted on First Reading on October 16, 2012, by a vote of 6-1 (Nays: Kottwitz). City Council has requested a comparison of rates, which has been provided as Attachment 2. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - October 16, 2012 (w/o attachments) 2. Rate Comparison charts COPY COPY COPY COPY ATTACHMENT 1 DATE: October 16, 2012 STAFF: Brian Janonis Lance Smith AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT Items Relating to Utility Rates, Fees and Charges for 2013. A. First Reading of Ordinance No. 113, 2012, Amending Chapter 26 of the City Code to Revise Water Rates and Charges. B. First Reading of Ordinance No. 114, 2012, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. C. First Reading of Ordinance No. 115, 2012, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. EXECUTIVE SUMMARY The following monthly rate increases are recommended for 2013: Service % Annual Increase Water 4.0% Electric 4.33% The proposed water increase is a flat 4% across the board to all customer classes. The electric rate increases which average 4.33% are proposed to vary by customer class from 3.35% to 5.33%. The proposed changes will impact individual electric customers more or less than the customer class averages and will vary by season. Electric development fees are proposed to decrease an average of 2.4% for residential and decrease an average of 1.6% for commercial development. There are no changes in the monthly rates for wastewater or stormwater services being proposed for 2013. With the rate changes contained in the proposed Ordinances, a typical single family customer’s monthly utility bill will increase $5.01 in the summer from $162.96 to $167.97 and $2.95 from $131.03 to $133.98 in non-summer months. BACKGROUND / DISCUSSION The recommended 2013 rate increases reflect the rates and revenues that are proposed in the City Manager’s Recommended 2013-2014 Budget. All proposed rates would be effective for meter readings on or after January 1, 2013. A. Monthly Water Rates - First Reading of Ordinance No. 113, 2012, Amending Chapter 26 of the City Code to Revise Water Rates and Charges. Staff proposes a 4% water rate increase. The need for this increase is due to the High Park Fire. The increase is a flat across the board increase to all rate classes. With the proposed rate, a typical single family residential customer’s monthly bill will increase 4% as shown in the following table: COPY COPY COPY COPY October 16, 2012 -2- ITEM 22 The High Park Fire in June 2012 affected the watershed serving Fort Collins Utilities on the Cache Le Poudre. Initial estimates of costs associated with stabilizing the soil suggest it could cost Fort Collins Utilities up to $10 million. With the City of Greeley and the Tri-districts also being affected by the fire, inter-governmental coordination of these erosion control efforts have reduced the estimated cost for soil stabilization by Fort Collins Utilities to $4-5 million. Fort Collins Utilities continues to work with federal agencies to determine if any federal funds exist to reimburse Fort Collins Utilities for these efforts. At this time Fort Collins Utilities cannot be assured of any federal funds in 2013, yet the mitigation efforts need to continue in the spring of 2013. There was an increase in demand for water during the hot, dry 2012 summer which is not expected to continue into 2013. The longer term trend of decreasing demand due to conservation efforts has resulted in operating revenues remaining at the same level over the last 5 years even with the recent rate increases (3% in 2007, 2010 and 2011 and 6% in 2012). Some revenue growth is expected in 2012 over 2011 due to higher demand. However, it is not sufficient to maintain water rates at the 2012 levels given the uncertainty around the weather and the anticipated increase in operating and maintenance costs associated with the High Park Fire. The vast majority of the costs of operating the water system are fixed and do not vary based on customer demand. However, the High Park Fire has affected the metal content in water taken from the Cache Le Poudre resulting in higher variable treatment costs for the foreseeable future. This rate increase is not related to Halligan Reservoir which is to be funded from the Water Rights Reserve. The Water Rights Reserve is funded by developers’ cash-in-lieu-of water rights payments and is restricted to the purchase of water rights and water storage only. A new rate class is being proposed for service to commercial customers with an average daily use in excess of 2.0 million gallons. B. Monthly Electric Rates - First Reading of Ordinance No. 114, 2012, Amending Chapter 26 of the City Code to Revise Electric Rates, Fees and Charges. Fort Collins wholesale and retail electric rates are among the lowest in the region and nation. This will continue to be true following the 4.33% electric rate increase proposed for 2013. The 4.33% increase is the system annual average and will not be applied to all customer rate classes. Based on a cost-of-service study the proposed rates vary by rate class and season as follows: COPY COPY COPY COPY October 16, 2012 -3- ITEM 22 1This is a new rate class proposed for 2013 The 4.33% overall annual increase consists of a 3.83% increase for purchased power from Platte River Power Authority (PRPA) and a 0.5% increase for the new Fort Collins Solar Program, which is included in the City Manager’s Recommended Budget. Platte River’s 2013 purchase power rate increase is due to several key factors: • Reduced surplus sales • Increased fuel costs • Increased renewable energy costs The higher increases for the commercial rate classes are due to purchased power costs being a higher percentage of total costs for these rate classes. A new rate class is being proposed for service to industrial customers connected directly to a substation. Customers who qualify for this rate class do not share in the costs associated with the operation and maintenance of the distribution infrastructure between the substations and meters. The renewable energy purchased from PRPA is increasing from $0.019 per kilowatt-hour to $0.024 per kilowatt-hour. This increase is due to the higher costs of purchasing Renewable Energy Credits (RECs) with the associated energy compared to purchasing RECs that are not bundled with the associated energy. Maintenance and decommissioning costs for some of the Vestas turbines at Medicine Bow are also accounted for in the price increase. Staff is also proposing to delete the Code duplication and clarify the terms of payment for each rate class by referring all rate classes to Section 26-713. COPY COPY COPY COPY October 16, 2012 -4- ITEM 22 Monthly Utility Bill Summary The following chart summarizes the impact of the proposed rate changes on a typical single family residential customer during the summer: The following chart summarizes the impact of the proposed rate changes on a typical single family residential customer during the non-summer months: The average non-summer utility bill is expected to be $142.80 in 2013 and the average utility bill in the Summer is expected to be $183.51 in 2013, or 29% higher than the non-summer bill. The following two charts compare Fort Collins Utilities’ monthly utility bill to others along the Front Range in 2012 at non-summer rates and then at summer rates. COPY COPY COPY COPY October 16, 2012 -5- ITEM 22 COPY COPY COPY COPY October 16, 2012 -6- ITEM 22 C. Plant Investment Fees (PIFs) and Electric Development Fees - First Reading of Ordinance No. 115, 2012, Amending Chapter 26 of the City Code to Revise Electric Development Fees and Charges. City Code requires staff to present water, wastewater and stormwater plant investment fees to Council for approval no less than every other year. These fees were last changed in 2011 effective on January 1, 2012. No changes are recommended for 2013 for water, wastewater and stormwater plant investment fees. Electric Development Fees Electric development fees are also required to be approved by City Council no less than every second year although historically staff has recommended annual changes. The current electric development fees were approved by Council in 2011 and were effective January 1, 2012. There is a small decrease in fees recommended for 2013. Electric development fees recover both actual on-site costs (building site charges) and allocated off-site costs (electric capacity charges) to serve commercial or residential development. These fees are adjusted annually to reflect changes in costs of labor and materials. While some costs continue to increase, an adjustment to the development fee model used to calculate the fees has resulted in a decrease in costs of approximately 2% for most developments. The table below shows the changes for a typical single family lot and a model commercial development. FINANCIAL / ECONOMIC IMPACTS The rates are projected to increase 2012 annual operating revenues of the Water Fund by 4% and the Light and Power Fund by 4.33%. The projected revenue from the rate increases is included in the City Manager’s Recommended 2013-2014 budget projections. The increases are necessary to fund purchased power, the Fort Collins Solar Program, and to ensure treated water quality is not diminished as a result of the High Park Fire. The proposed rate ordinances will increase costs for a typical residential customer by $5.01 in the summer from $162.96 to $167.97 and $2.95 from $131.03 to $133.98 in non-summer months. Utility programs can help customers to reduce their water and electric use and to lessen the financial impact of the rate increases. ENVIRONMENTAL IMPACTS Funding from the proposed electric rate increase will allow the Utilities to continue programs and services aimed at meeting the goals and objectives of the Energy Policy and Climate Action Plan. Accurate seasonal price signals may delay/ avoid the need for additional peak electric generation. Water rates provide funding for conservation programs and environmental regulatory compliance. COPY COPY COPY COPY October 16, 2012 -7- ITEM 22 STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BOARD / COMMISSION RECOMMENDATION At its September 20, 2012 meeting, the Water Board unanimously voted to recommend approval of the proposed 2013 water. The Energy Board unanimously recommended approval of the proposed 2013 electric increase at its October 4, 2012 meeting. The draft Board minutes are attached. PUBLIC OUTREACH Notice of the proposed electric rate changes was published in the Coloradoan on September 30, 2012, and a mailing was sent city electric customers outside of the city limits in accordance with state requirements. Commercial customers have been advised of the proposed increases. Staff plans to conduct outreach to all customers following adoption of the Ordinances. ATTACHMENTS 1. Water Board minutes, September 20, 2012 2. Electric Board minutes, October 5, 2012 3. Powerpoint presentation Attachment 2 Small Commercial (GS and GS25) Comparison: Small Commercial Rate Comparison -- January 2012 Data (Non-Summer) 2000 kWh, 10 kW per month Source Data: Colorado Association of Municipal Utilities $- $50 $100 $150 $200 $250 $300 $350 $400 FORT MORGAN MOON LAKE GUNNISON FORT COLLINS 2012 FORT COLLINS 2013 LONGMONT GLENWOOD SPRINGS LOVELAND LYONS CENTER XCEL ENERGY COLORADO SPRINGS ASPEN HOLY CROSS HIGHLINE JULESBURG YUMA Y‐W ELECTRIC HOLYOKE FOUNTAIN FLEMING DELTA WHITE RIVER POUDRE VALLEY HAXTUN YAMPA VALLEY EA LA PLATA DELTA‐MONTROSE MOUNTAIN PARKS MORGAN COUNTY K C ELECTRIC HIGH WEST ENERGY UNITED POWER FREDERICK EMPIRE EA SANGRE DE CRISTO GRAND VALLEY RPL GUNNISON COUNTY SAN LUIS VALLEY SAN MIGUEL INTERMOUNTAIN BURLINGTON SAN ISABEL GRANADA WHEATLAND SPRINGFIELD Attachment 2 Large Commercial (GS50) Comparison: Large Commercial Rate Comparison -- January 2012 Data (Non-Summer) 45000 kWh, 130 kW per month Source Data: Colorado Association of Municipal Utilities $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 FORT MORGAN GUNNISON MOON LAKE LONGMONT FORT COLLINS 2012 LOVELAND FORT COLLINS 2013 GLENWOOD SPRG HOLY CROSS FLEMING HIGHLINE XCEL ENERGY CENTER FOUNTAIN COLORADO SPRG DELTA YUMA GUNNISON COUNTY K C ELECTRIC DELTA‐MONTROSE Y‐W ELECTRIC HOLYOKE YAMPA VALLEY MOUNTAIN PARKS MORGAN COUNTY ASPEN INTERMOUNTAIN LA PLATA FREDERICK UNITED POWER WHITE RIVER GRAND VALLEY GRANADA BURLINGTON SAN LUIS VALLEY POUDRE VALLEY EMPIRE EA WHEATLAND SE COLORADO SAN ISABEL HIGH WEST ENERGY BLACK HILLS ENERGY TRI‐COUNTY LA JUNTA SPRINGFIELD SANGRE DE CRISTO Attachment 2 Industrial (GS750) Comparison: Industrial Rate Comparison -- January 2012 Data (Non Summer) 1900000 kWh, 3000 kW per month Source Data: Colorado Association of Municipal Utilities $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 FT MORGAN LONGMONT FORT COLLINS 2012 LOVELAND FORT COLLINS 2013 XCEL ENERGY COLORADO SPRG EMPIRE TRI‐COUNTY WHITE RIVER GLENWOOD SPRG GRAND VALLEY Y‐W ELECTRIC DELTA‐MONTROSE LA PLATA SAN LUIS VALLEY HIGH WEST ENERGY MOUNTAIN PARKS K C ELECTRIC INTERMOUNTAIN GUNNISON CO HIGHLINE FOUNTAIN CENTER UNITED POWER MORGAN COUNTY YAMPA VALLEY POUDRE VALLEY YUMA BLACK HILLS ENERGY RATON LAS ANIMAS Coop/REA Investor Municipal Fort Collins Industrial Rate Comparison -- July 2012 Data (Summer) 1900000 kWh, 3000 kW per month Source Data: Colorado Association of Municipal Utilities $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 FT MORGAN LONGMONT Attachment 2 Residential Comparison: Electric Rate Comparison ‐ 700 kWh per Month $55.76 $57.25 $57.25 $60.31 $64.95 $64.95 $69.46 $70.54 $77.99 $80.77 $82.96 $‐ $20 $40 $60 $80 $100 Longmont Loveland '12 Winter Loveland '12 Summer FC '12 Winter FC '13 Winter FC '12 Summer FC '13 Summer Xcel ‐ Winter Co. Sprs Xcel ‐ Summer P.V.REA $/Month Residential ORDINANCE NO. 114, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS TO REVISE ELECTRIC RATES, FEES AND CHARGES WHEREAS, the City Council is empowered and directed by Article XII, Section 6, of the City Charter to fix, establish, maintain and provide for the collection of such rates, fees or charges for utility services furnished by the City as will produce revenues sufficient to pay the costs, expenses and other obligations of the electric utility, as set forth therein; and WHEREAS, Platte River Power Authority costs are increasing due to reduced wholesale market prices and surplus sales, increased costs of coal, and increased operating costs for aging plants; and WHEREAS, Platte River Power Authority will increase the City’s wholesale cost of power approximately 5.1% in 2013; and WHEREAS, the City’s increased wholesale power costs will require a 3.83% increase in the City’s electric rates; and WHEREAS, the City Manager’s recommended 2013 budget includes an appropriation of $500,000 for the Fort Collins Solar Program; and WHEREAS, the cost of the Solar Program will require a 0.5% rate increase; and WHEREAS, the Energy Board considered the proposed electric rates, fees and changes for 2013, at its October 4, 2012 meeting and recommended approval of the rate changes by an unanimous vote; and WHEREAS, the City Manager and staff have recommended to the City Council the following electric rate adjustments for all billings issued with meter readings on or after January 1, 2013; and WHEREAS, based on the foregoing, it is the desire of the City Council to amend Chapter 26 of the City Code to revise electric rates, fees and charges. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Sections 26-464(c), (d), (e), (m) and (p) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-464. Residential energy service, schedule R. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: four dollars and forty-eight cents ($4.48). (2) Distribution facilities charge, per kilowatt-hour: two and fifty-nine one- hundreds cents ($0.0259). (3) Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: a. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and sixty-eight one-hundredths cents ($ 0.0568). b. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and twenty-six one-hundredths cents ($0.0726). c. For all additional kilowatt hours per month, per kilowatt hour: ten and forty-two one-hundredths cents ($0.1042). (4) Energy and demand charge, during the non-summer season billing months of January through May and September through December: a. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and five one-hundredths cents ($0.0505). b. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-three one-hundredths cents ($0.0543). c. For all additional kilowatt hours per month, per kilowatt hour: six and twenty-six one-hundredths cents ($0.0626). (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Medical assistance program. (1) The rates described in Subsection (c) above shall be discounted for those electric customers to whom this rate schedule applies and who apply for such discount, as long as: a. the applicant's annual household income falls below sixty (60) percent of the Larimer County Area Median Income (as determined by the Federal Housing Authority); and -2- b. the application is accompanied by a certified, signed statement from a licensed physician that electrical durable medical equipment used at the residential premises is medically necessary and that such medical equipment has been assigned a Healthcare Common Procedure Coding System number; and/or c. certified, signed statement from a licensed physician that air conditioning at the residential premises is medically necessary for a resident thereof who, in the absence of the air conditioning, may suffer medical deterioration due to a severe immune-compromising medical condition, including, but not limited to, multiple sclerosis, quadriplegia, paraplegia, scleroderma or hemiplegia; and d. the application is accompanied by a sworn affidavit from the applicant verifying that all information contained in the application, including, if applicable, the representation that air conditioning will be operational at the applicant's address during the summer billing months, is true and correct. (2) Applications for rate discounts under this Section must be submitted annually in accordance with an administratively established schedule. (3) The discounted rates for customers with electrical durable medical equipment only shall be calculated as follows: a. Fixed charge, per account: four dollars and forty-eight cents ($4.48). b. Distribution facilities charge, per kilowatt hour: two and fifty-nine one-hundredths cents ($0.0259). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and twenty one-hundredths cents ($0.0320). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: seven and twenty-six one-hundredths cents ($0.0726). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and forty-two one-hundredths cents: ($0.01042). -3- d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and seventy-six one-hundredths cents ($0.0276). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-three one-hundredths cents ($0.0543). 3. For all additional kilowatt hours per month, per kilowatt hour: six and twenty-six one-hundredths ($0.0626). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (4) The discounted rates for customers with medical needs requiring air conditioning only shall be calculated as follows: a. Fixed charge, per account: four dollars and forty-eight cents ($4.48). b. Distribution facilities charge, per kilowatt hour: two and fifty-nine one-hundredths cents ($0.0259). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: three and fourteen one-hundredths cents ($0.0314). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: four and one one-hundredth cents ($0.0401). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and forty-two one-hundredths cents ($0.1042). d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: -4- 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: five and five one-hundredths cents ($0.0505). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-three one-hundredths cents ($0.0543). 3. For all additional kilowatt hours per month, per kilowatt hour: six and twenty-six one-hundredths cents ($0.0626). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (5) The discounted rates for customers with electrical durable medical equipment and medical needs requiring air conditioning shall be calculated as follows: a. Fixed charge, per account: four dollars and forty-eight cents ($4.48). b. Distribution facilities charge, per kilowatt hour: two and fifty-nine one-hundredths cents ($0.0259). c. Energy and demand charge, during the summer season billing months of June, July and August, with the summer season billing month determined by the month the meter is read, and provided that no customer shall be billed more than three (3) full billing cycles at the summer rate. The energy and demand charge shall be billed as follows: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and five one-hundredths cents ($0.0205). 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: two and sixty-two one-hundredths cents ($0.0262). 3. For all additional kilowatt hours per month, per kilowatt hour: ten and forty-two one-hundredths cents ($0.1042). d. Energy and demand charge, during the non-summer season billing months of January through May and September through December: 1. For the first five hundred (500) kilowatt hours per month, per kilowatt hour: two and seventy-six one-hundredths cents ($0.0276). -5- 2. For the next five hundred (500) kilowatt hours per month, per kilowatt hour: five and forty-three one-hundredths cents ($0.0543). 3. For all additional kilowatt hours per month, per kilowatt hour: six and twenty-six one-hundredth cents ($0.0626). e. In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (6) Notwithstanding the foregoing, no rate established under this Subsection shall reflect a discount exceeding an amount consistent with the use of one hundred fifty (150) kilowatt hours per month for the operation of electrical durable medical equipment or, if applicable, an additional amount consistent with the use of three hundred fifty (350) kilowatt hours per month for air conditioning. (7) A decision that an applicant does not qualify to participate in this program for a medical or financial reason may be appealed to the Utilities Executive Director, who shall, prior to making his or her decision, and as he or she deems appropriate, confer with one (1) or more medical or financial experts in reviewing such appeal. (e) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four tenths cents ($.0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. (m) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. (p) Net metering (5) The customer-generator’s consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) (3)(a). -6- Section 2. That Sections 26-465 (c), (d), (f) and (m) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-465. Residential demand service, schedule RD (c) Monthly rate. The monthly rates are as follows: (1) Fixed charge, per account: seven dollars and twenty-four cents ($7.24). (2) Demand charge, per kilowatt: two dollars and fifty cents ($2.50). (3) Distribution facilities charge, per kilowatt-hour: two and ninety-one one- hundredths cents ($0.0291). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and eighty-eight one-hundredths cents ($0.0388). b. During the non-summer season billing months of January through May and September through December: three and seventy-seven one-hundredths cents ($0.0377). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of -two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council-adopted policy applicable to the utility. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be one dollar and twenty two cents ($1.22) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess -7- of the contracted amount, the standby distribution charge shall be three dollars and sixty-seven cents ($3.67) per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (m) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. Section 3. That Sections 26-466 (b), (c), (d), and (n) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-466. General service, schedule GS. (b) Applicability. (1) This schedule applies to individual commercial and industrial services, served at the established secondary voltage of the City's distribution system; and optionally, for apartments and multiple dwellings in existence prior to January 1, 1980, where more than one (1) dwelling or single living quarters are served through one (1) meter. Single-phase motors from one (1) to five (5) horsepower may be connected with the approval of the utility. This schedule applies to an individual single or three-phase service with an energy-only meter and for demand metered services with an average metered demand of not greater than twenty-five (25) kilowatts. (2) This schedule does not apply to single-family, individually metered residential units unless: a. the energy delivered to such a unit is also used for commercial or business use and the commercial/business energy use comprises more than 50% of the total energy use for the unit; and b. the unit is not eligible for a Home Occupation License as specified in Article 6 of the Land Use Code. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: -8- a. Single-phase, two-hundred-ampere service: three dollars and sixty- eight cents ($3.68). b. Single-phase, above two-hundred-ampere service: ten dollars and eighty-three cents ($10.83). c. Three-phase, two-hundred-ampere service: five dollars and fifty-nine cents ($5.59). d. Three-phase, above two-hundred-ampere service: thirteen dollars and twenty-four cents ($13.24). (2) Demand charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: two and eighty-nine one-hundredths cents $0.0289). b. During the non-summer season billing months of January through May and September through December: one and forty one- hundredths cents ($0.0140). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge, per kilowatt-hour: One and eighty-four one- hundredths cents ($0.0184). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and eighty-eight one-hundredths cents ($0.0388). b. During the non-summer season billing months of January through May and September through December: three and seventy-seven one-hundredths cents ($0.0377). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero- tenths (6.0) percent of all monthly service charges billed pursuant to this Section. -9- (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. (n) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. Section 4. That Sections 26-467 (c), (d), (f), and (o) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-467. General service 25, schedule GS25. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: a. Single-phase, two-hundred-ampere service: three dollars and sixty- eight cents ($3.68). b. Single-phase, above two-hundred-ampere service: ten dollars and eighty-three cents ($10.83). c. Three-phase, two-hundred-ampere service: five dollars and fifty-nine cents ($5.59). d. Three-phase, above two-hundred-ampere service: thirteen dollars and twenty-four cents ($13.24). (2) Demand charge, per kilowatt: a. During the summer season billing months of June, July and August: seven dollars and sixty-four cents ($7.64). b. During the non-summer season billing months of January through May and September through December: four dollars and thirty-eight cents ($4.38). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities charge, per kilowatt-hour: one and eighty-four one- hundredths cents ($0.0184). -10- (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and eighty-eight one-hundredths cents ($0.0388). b. During the non-summer season billing months of January through May and September through December: three and seventy-seven one- hundredths cents ($0.0.0377). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including, but not limited to, energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The monthly standby distribution charge shall be four dollars and thirty-five cents ($4.35) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be thirteen and five cents ($13.05) per kilowatt. (2) In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (o) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. -11- Section 5. That numbered Section 26-468 (c), (d), (f), (g), (k) and (r) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-468. General service 50, schedule GS50. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: twenty-one dollars and two cents ($21.02). An additional charge of forty dollars and zero cents ($40.) may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: eleven and eighteen cents ($11.18). b. During the non-summer season billing months of January through May and September through December: seven dollars and eighty cents ($7.80). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities demand charge, per kilowatt: five dollars and sixty-five cents ($5.65). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and eighty-eight one-hundredths cents ($0.0388). b. During the non-summer season billing months of January through May and September through December: three and seventy-seven one- hundredths cents ($0.0377). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The -12- utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. The monthly standby distribution charge shall be four dollars and fifty-nine cents ($4.59) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be thirteen dollars and seventy-six cents ($13.76) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The excess circuit charge shall be ninety-seven cents ($0.97) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and ninety-two cents ($2.92) per kilowatt. (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The -13- metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. (k) The distribution facility demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system, including customer service and administrative functions, and it is based on a per unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve-month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings. (1) The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy (70) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months. (2) If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover said customer's share of the distribution facilities costs. (r) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. Section 6. That numbered Sections 26-469 (c), (d), (f), (g), (k) and (s) of the Code of the City of Fort Collins are hereby amended to read as follows: Sec. 26-469. General service 750, schedule GS750. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: sixty-one dollars and ninety-six cents ($61.96). a. Additional charge for each additional metering point: fifty-four dollars and seventy-four cents ($54.74). b. An additional charge of forty dollars and zero cents ($40.) for each metering point may be assessed if telephone communication service is not provided by the customer. (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: eleven and one cent ($11.01). -14- b. During the non-summer season billing months of January through May and September through December: seven dollars and sixty-nine cents ($7.69). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (3) Distribution facilities demand charge, per kilowatt: a. First seven hundred fifty (750) kilowatts: five dollars and seventy- three cents ($5.73). b. All additional kilowatts: three dollars and forty-two cents ($3.42). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and eighty-two one-hundredths cents ($0.0382). b. During the non-summer season billing months of January through May and September through December: three and seventy-one one- hundredths cents ($0.0371). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($0.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. (f) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. -15- a. The monthly standby distribution charge shall be three dollars and fifty-eight cents ($3.58) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be ten dollars and seventy-four cents ($10.74) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. (g) Excess circuit charge. In the event a utility customer in this rate class desires excess circuit capacity for the purpose of controlling the available electric capacity of a backup circuit connection, this service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable backup demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) The excess circuit charge shall be seventy-six cents ($0.76) per contracted kilowatt of backup capacity per month. For any metered kilowatts in excess of the contracted amount, the excess circuit charge shall be two dollars and twenty-nine cents ($2.29) per kilowatt. (2) In the event the contractual kilowatt limit is exceeded, a new annual contract period will automatically begin as of the month the limit is exceeded. The metered demand in the month of exceedance shall become the minimum contracted demand level for the excess circuit charge. (k) Distribution facilities demand. The distribution facilities demand charge used by the utility is designed to recover the costs of operating and maintaining the electric distribution system, including customer service and administrative functions, and it is based on a per-unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve-month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings. -16- (1) The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy-five (75) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months. (2) If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover the customer's share of the distribution facilities costs. (s) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. Section 7. That Section 26-470 through 26-474 of the Code of the City of Fort Collins shall be renumbered as Sections 26-471 through 26-475 respectively. Section 8. That a new Section 26-470 shall be adopted to read as follows: Sec. 26-470. Substation service, schedule SS. (a) Availability. The Substation service, schedule SS shall be available within the corporate limits of the City and the suburban fringe. (b) Applicability. This schedule applies to customers served directly from a City substation who do not utilize any part of the City’s electric distribution circuits to receive service. This schedule applies only to individual services with an average metered demand of seven hundred fifty (750) kilowatts or greater. (c) Monthly rate. The monthly rates for this schedule are as follows: (1) Fixed charge, per account: sixty-one dollars and ninety-six cents ($61.96). (2) Coincident demand charge, per kilowatt: a. During the summer season billing months of June, July and August: ten dollars and eighty-four cents ($10.84). b. During the non-summer season billing months of January through May and September through December: seven dollars and fifty-seven cents ($7.57). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. -17- (3) Distribution facilities demand charge, per kilowatt: two dollars and fifty-four cents ($2.54). (4) Energy charge, per kilowatt-hour: a. During the summer season billing months of June, July and August: three and seventy-seven one-hundredths cents ($0.0377). b. During the non-summer season billing months of January through May and September through December: three and sixty-six one- hundredths cents ($0.0366). c. The meter reading date shall generally determine the summer season billing months; however, no customer shall be billed more than three (3) full billing cycles at the summer rate. (5) In lieu of taxes and franchise: a charge at the rate of six and zero-tenths (6.0) percent of all monthly service charges billed pursuant to this Section. (d) Renewable resource. Renewable energy resources, including but not limited to energy generated by the power of wind, may be offered on a voluntary basis to customers at a premium of two and four-tenths cents ($.024) per kilowatt hour. The utility may establish and offer voluntary programs designed to increase and enhance the use of energy generated by renewable energy resources in support of Council- adopted policy applicable to the utility. (e) Standby service charges. Standby service, if available, will be provided on an annual contract basis at a level at least sufficient to meet probable service demand (in kilowatts) as determined by the customer and approved by the utility according to the following: (1) Standby distribution charge. a. The monthly standby distribution charge shall be two dollars and twenty-eight cents ($2.28) per kilowatt of contracted standby service. This charge shall be in lieu of the distribution facilities charge. For all metered kilowatts in excess of the contracted amount, the standby distribution charge shall be six dollars and eighty-three cents ($6.83) per kilowatt. b. In the event the contractual kilowatt amount is exceeded, the beginning date of the contract period will be reset. The first month of the new contract period will become the current billing month and such month's metered demand shall become the minimum allowable contract demand for the standby service. Requests for standby service may be subject to a waiting period. An operation and maintenance -18- charge may be added for special facilities required to provide standby service. (2) Standby generation and transmission charge. All charges incurred by the utility under the Platte River Power Authority's applicable tariffs, as may be amended from time to time, will be billed to the customer as a standby generation and transmission charge. (f) Service charge. Service charges and connection fees shall be as set forth in Subsection 26-712(b). (g) Conservation assistance, rebates and incentives. The utility may establish programs to assist customers or provide incentives to customers in order to reduce energy consumption or system peak demands consistent with Council-adopted policy applicable to the utility. Such programs may include financial or technical assistance, incentives or rebates and shall be consistent with program objectives approved by the Utilities Executive Director. (h) Coincident demand. The coincident demand for any month shall be the customer's sixty-minute integrated kilowatt demand recorded at the hour coincident with the monthly system peak demand for Platte River Power Authority. The monthly system peak demand for Platte River Power Authority shall be the maximum coincident sum of the measured demands for the participating municipalities recorded during the billing month. (i) Distribution facilities demand. The distribution facilities demand charge used by the utility is designed to recover the costs of operating and maintaining the City’s electric system including customer service and administrative functions, and it is based on a per-unit rate tied to the peak demand (kW) of a customer's monthly electric use. Under the utility's billing system, cost recovery is based on a twelve- month model. Monthly billing is one-twelfth (1/12) of the annual cost recovery required for given service and the twelve-month use patterns serve as the reference base for monthly billings. (1) The distribution facilities demand shall be determined for each point of delivery by suitable meter measurement of the highest one-hour integrated demand occurring during the billing period and shall not be less than seventy-five (75) percent of the highest distribution facilities demand (in kilowatts) occurring in any of the preceding eleven (11) months. (2) If the Utilities Executive Director determines that the calculation described in Paragraph (1) above does not recover the customer's share of the actual distribution facilities costs, the customer's distribution facilities demand charge may be determined according to a billing calendar designed to fully recover the customer's share of the distribution facilities costs. -19- (j) Interruptible service. Interruptible service may be provided in accordance with the terms and conditions described in a special services agreement between the customer and the utility. (k) Power factor adjustment. Power factor shall be determined by using watt and volt-ampere reactive measurements collected by the electric meter at the point of service. The power factor calculated from such measurements shall be the basis of billing adjustment until satisfactory correction has been made. Review shall be conducted on a monthly basis by the utility. If the power factor falls below ninety- percent lagging, a power factor adjustment may be made by increasing the coincident and distribution facilities demand by one (1) percent for each one (1) percent or fraction thereof by which the power factor is less than ninety-percent lagging. This adjustment shall be based on the power factor at the time of maximum demand as recorded during the billing period. (l) Service rights fee in certain annexed areas. A fee for defraying the cost of acquisition of service rights from Poudre Valley Rural Electric Association (PVREA) shall be charged for each service in areas annexed into the City after April 22, 1989, if such area was previously served by PVREA. The service rights fee will be collected monthly for a period of ten (10) consecutive years following the date of acquisition by the City of electric facilities in such area from PVREA. If service was previously provided by PVREA, the fee shall be twenty-five (25) percent of charges for electric power service. For services that come into existence in the affected area after date of acquisition, the fee shall be five (5) percent of charges for electric power service. In the event that the City Council has determined that a reduction of the service rights fee is justified in order to mitigate the economic impacts to a lot or parcel of land at the time of annexation of said lot or parcel of land, the service rights fee charged pursuant to this Subsection may be reduced by the City Council pursuant to a schedule set forth in the ordinance annexing said parcel or lot. The service rights fee charged pursuant to this Subsection shall not be subject to the charge in lieu of taxes and franchise otherwise required in this Subsection. (m) Special services. Special services or complex service arrangements that are beyond those required for service under this rate schedule may be arranged by a written services agreement that the Utilities Executive Director may negotiate and enter into on behalf of the utility. Said agreement shall establish the terms and conditions for any special services or arrangements and shall incorporate by reference the requirements of this Chapter, as applicable. Any special services agreement modifying the rates, fees or charges for said services from those set forth in this Article shall be subject to approval by the City Council in accordance with Section 6 of Article XII of the Charter. (n) Parallel generation. Customers may operate all or part of their instantaneous energy or capacity needs by operation of a qualifying facility in parallel with the -20- utility system, provided that electric service is being rendered under the special services provisions of this schedule, and provided further that such facility is constructed, operated and maintained in accordance with the provisions of the electric service rules and regulations. The credit for the energy delivered to the electric utility under this provision shall be provided at applicable Platte River Power Authority avoided cost rates. Parallel generation will be provided consistent with all of the requirements contained in Platte River Power Authority's Tariff Schedule 3: Parallel Generation Purchases, as may be amended from time to time. All charges incurred by the utility under this tariff will be billed to the customer. If a customer is receiving net metering service, such customer's service shall also be governed by the net metering service terms and conditions described in Subsection (v) below, and the credit for energy delivered to the electric utility shall be calculated as described in that Subsection. (o) Commodity delivery. If the electric utility authorizes the delivery of electric capacity or energy utilizing the utility's distribution system under mandatory provisions of state or federal law, a credit will be applied to the customer's monthly electric bill based upon the electric utility's displaced costs as credited to the utility by its supplier of electric energy. Capacity, energy, standby capacity, backup capacity and special services shall be delivered, metered, billed, dispatched and controlled in accordance with a special services agreement with the electric utility. (p) Contract period. The applicant shall take electric service under this or any other applicable schedule which is in effect during the term of the contract subject to adjustment from time to time by the City Council. All contracts under this schedule shall be for twelve (12) months with automatic renewal on a year-to-year basis. The contract may be terminated at the end of the term upon the giving of one (1) year's advance written notice to the City or may be terminated upon the giving of one (1) year's advance written notice to the City in the event of vacation of the premises or a change in ownership or tenant occupancy status. (q) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. (r) Rules and regulations. Service supplied under this schedule is subject to the terms and conditions set forth in the electric utility rules and regulations as approved by the City Council. Copies may be obtained from the Utility's Customer Service Office. (s) Net metering. (1) Net metering service is available to a customer-generator producing electric energy exclusively with a qualifying facility using a qualifying renewable technology when the generating capacity of the customer-generator's qualifying facility meets the following two (2) criteria: -21- a. the qualifying facility is sized to supply no more than one hundred twenty (120) percent of the customer-generator's average annual electricity consumption at that site, including all contiguous property owned or leased by the customer-generator, without regard to interruptions in contiguity caused by easements, public thoroughfares, transportation rights-of-way or utility rights-of-way; and b. the rated capacity of the qualifying facility does not exceed the customer-generator's service entrance capacity. (2) The energy generated by an on-site qualifying facility and delivered to the utility's electric distribution facility shall be used to offset energy provided by the utility to the customer-generator during the applicable billing period. (3) The customer-generator and electric service arrangements shall be subject to the requirements and conditions described in the City of Fort Collins Utility Services Interconnection Standards for Generating Facilities Connected to the Fort Collins Distribution System. (4) A customer-generator who receives approval from the electric utility to obtain net metering service shall be subject to the monthly rates described above for this rate schedule. (5) The customer-generator's consumption of energy from the utility shall be measured on a monthly basis and, in the event that the qualifying facility has produced more electricity than the customer-generator has consumed, the customer-generator shall receive a monthly credit for such production. During the second calendar quarter of each year, the customer-generator shall receive payment for the net excess generation accrued for the preceding twelve (12) months. The credit per kilowatt hour for the energy delivered to the electric utility under this provision shall be provided at the summer season energy charge as specified in Subsection (c) of this Section. Section 9. That renumbered Section 26-471 (e) of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-471. Special area floodlighting, schedule FL. (e) Payment of charges. Due dates and delinquency procedures shall be as set forth in Section 26-713. Section 10. That renumbered Section 26-472 (b) of the Code of the City of Fort Collins is hereby amended to read as follows: -22- Sec. 26-472. Traffic signal service, schedule T. (c) Monthly rate. The monthly rates (including a six-and-zero-tenths-percent charge in lieu of taxes and franchise) are as follows: (1) Fixed charge, per account: seventy-three dollars and sixteen cents ($73.16). (2) Charge, per kilowatt-hour: six and forty-two one-hundredths cents ($0.0642). (3) Service extensions and signal installations made by the utility shall be paid for by the City General Fund, subject to material and installation costs at the time of installation. Section 11. That all amendments to Chapter 26, Article IV, Division 3 pertaining to subsections entitled “Payment of charges” herein are effective 10 days after adoption of this ordinance on second reading and that the remaining amendments to Chapter 26 of the City Code contained herein shall go into effect for all bills issued with meter readings on or after January 1, 2013. Introduced, considered favorably on first reading, and ordered published this 16th day of October, A.D. 2012, and to be presented for final passage on the 6th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 6th day of November, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk -23- LOVELAND COLO SPRINGS FORT COLLINS 2012 XCEL ENERGY FORT COLLINS 2013 TRI‐COUNTY EMPIRE EA WHITE RIVER Y‐W ELECTRIC GRAND VALLEY DELTA‐MONTROSE LA PLATA SAN LUIS VALLEY HIGH WEST ENERGY MOUNTAIN PARKS K C ELECTRIC ASSN GUNNISON COUNTY FOUNTAIN HIGHLINE EA INTERMOUNTAIN UNITED POWER MORGAN COUNTY POUDRE VALLEY YUMA YAMPA VALLEY BLACK HILLS ENERGY RATON LAS ANIMAS Coop/REA Investor Municipal Fort Collins RATON LAS ANIMAS TRINIDAD LAMAR Coop/REA Investor Municipal Fort Collins Large Commercial Rate Comparison -- July 2012 Data (Summer) 45000 kWh, 130 kW per month Source Data: Colorado Association of Municipal Utilities $- $1,000 $2,000 $3,000 $4,000 $5,000 $6,000 $7,000 $8,000 FORT MORGAN GUNNISON MOON LAKE LONGMONT ESTES PARK LOVELAND COLORADO SPRG FORT COLLINS 2012 GLENWOOD SPRG HOLY CROSS FORT COLLINS 2013 HIGHLINE FOUNTAIN DELTA HAXTUN YUMA GUNNISON COUNTY K C ELECTRIC DELTA‐MONTROSE Y‐W ELECTRIC HOLYOKE XCEL ENERGY MOUNTAIN PARKS MORGAN CO ASPEN LA PLATA WRAY INTERMOUNTAIN YAMPA VALLEY FREDERICK UNITED POWER WHITE RIVER GRANADA GRAND VALLEY SAN LUIS VALLEY WHTLAND FLEMING POUDRE VALLEY EMPIRE SAN MIGUEL SE COLORADO TRI‐COUNTY BURLINGTON BLACK HILLS ENERGY SAN ISABEL HIGH WEST ENERGY LA JUNTA SPRINGFIELD SANGRE DE CRISTO TRINIDAD LAS ANIMAS RATON LAMAR Coop/REA Investor Municipal Fort Collins LA JUNTA LAMAR RATON TRI‐COUNTY HOLLY TRINIDAD BLACK HILLS ENERGY SE COLORADO LAS ANIMAS Coop/REA Investor Municipal Fort Collins Small Commercial Rate Comparison -- July 2012 Data (Summer) 2000 kWh, 10 kW per month Source Data: Colorado Association of Municipal Utilities $- $50 $100 $150 $200 $250 $300 $350 $400 FT MORGAN MOON LAKE GUNNISON LONGMONT GLENWOOD SPRG LOVELAND COLORADO SPRG FORT COLLINS 2012 FORT COLLINS 2013 ASPEN FOUNTAIN JULESBURG YUMA HOLY CROSS HOLYOKE DELTA ESTES PARK WHITE RIVER POUDRE VALLEY HIGHLINE WRAY Y‐W ELECTRIC LA PLATA YAMPA VALLEY DELTA‐MONTROSE MOUNTAIN PARKS HAXTUN MORGAN COUNTY FLEMING K C ELECTRIC GRAND VALLEY HIGH WEST ENERGY UNITED POWER XCEL ENERGY FREDERICK EMPIRE SANGRE DE CRISTO LAMAR GUNNISON CO SAN LUIS VALLEY INTERMOUNTAIN SAN MIGUEL WHTLAND SAN ISABEL TRI‐COUNTY GRANADA SPRINGFIELD LA JUNTA BURLINGTON RATON TRINIDAD HOLLY BLACK HILLS ENERGY SE COLORADO LAS ANIMAS Coop/REA Investor Municipal Fort Collins