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Agenda 06/09/2009 Item #16C16 Agenda Item No. 16C16 June 9,2009 Page 1 of 8 - EXECUTIVE SUMMARY Recommendation for Board of County Commissioner approval for County Staff to Attend the June 19, 2009, Florida Public Service Commission Meeting to Challenge the Florida Power and Light Company Rate Review and Proposed Rate of Return on Investment of 12.5 percent, and to Support tbe Proposed Electric Service Prepayment Concept. OBJECTIVE: To obtain Board of County Commissioner approval for county staff to attend the special June 19, 2009, meeting in Fort Myers, Florida, of the Florida Public Service Commission (PSC). County staff plans to challenge the Florida Power and Light Company (FPL) proposed 12.5 percent Return on Investment (ROI) and to support a large customer wholesale electricity cost savings concept. The public purpose is to achieve significant electricity cost savings at county facilities. CONSIDERA TIONS: At this series of PSc meetings, FPL will be asking for a 12.5 percent ROI which customers, independent financial experts, and the Florida Office of Public Counsel are challenging as excessively robust, adverse to risk in the current economic climate, and unwarranted. The Florida Office of Public Counsel, which represents the state's utility customers, has stated that the national average ROI for utilities is approximately 10.5 percent. (Source: The Bradenton Herald (Bradenton, FL) by Brian Neill) ".-' Over the past year, several large Southwest Florida FPL customers have voiced an interest in a proposed electric service cost savings prepayment option as an approach to reduce their overall cost of electricity. Large customers would contract with FPL to prepay for a block of kilowatt hours based on historical usage. This amount would be discounted using the existing published FPL discount rate, which is currently 8.35 percent. In 2008, the Collier County Government electric power costs were over $13.3 million. Over $7.0 million of that $13.3 million was the electricity cost for the life sustaining water and wastewater treatment processes. The remaining costs were for the electrical power at county facilities to maintain the health, safety and security for employees and citizens. The proposed prepayment option could potentially save the county over $1.1 million a year. Other states currently have similar programs for their large electric power customers. The prepayment option would be revenue neutral to FPL based on receiving advance payment to invest, and hedge energy fuel pricing, among other FPL financial advantages. FISCAL IMPACT: Potential electrical power cost savings for Collier County Government. ,.-' Executive Summary County Staff Support of FPL Prepayment Option Page 2 Agenda Item No. 16C16 June 9, 2009 Page 2 of 8 _. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office, does not involve an issue requiring a determination of legal sufficiency, is not quasi-judicial, requires no ex parte disclosure, and requires only a majority vote for approval.-SRT GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDA TIONS: That the Board of County Commissioners approves staff attendance at a special Florida Public Service Commission meeting on June 19, 2009, in Fort Myers, Florida. Prepared by: Karen B. Guliani, P.E., Principal Project Manager, Public Utilities Planning and Project Management ,- ."-- Page lof2 Agenda Item No. 16C16 June 9, 2009 Page 3 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C16 Meeting Date: Recommendation for Board approval for County Staff to Attend the June 19, 2009 Florida Public Service Commission Meeting to Challenge the Florida Power and Light Company (FPL) Rate Review and Proposed Rate of Return on Investment (ROI) of 12.5 percent and to Support the Proposed Electnc Service Prepayment Concept. 61912009 900:00 AM Prepared By Karen S. Guliani, PE Senior Project Manager Public Utilities Planning and Project Management Department Date Public Utilities 5/27/20092:04:10 PM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 5/27/20092:38 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 5/27/2009 2:53 PM Approved By Scott R. Teach Assistant County Attorney Date County Attorney County Attorney Office 5/27/20093:40 PM Approved By Phil E. Gramatges, P.E. Sr. Project Manager Public Utilities Planning and Project Management Department Date Public Utilities 5/27/20094:18 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 5128/200911 :03 AM Approved By James W. DeLany Public Utilities Administrator Date Public Utilities Public Utilities Administration 5/28/200911:19 AM Approved By OMB Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 5/28/2009 1:44 PM Approved By Randy Greenwald Management/Budget Analyst Date file:llc:\AgendaTest\Export\13l-June%209,%202009\16.%20cONSENT%20AGENDA\ l6c... 6/3/2009 Page 2 of 2 Agenda Item No. 16C 16 June 9, 2009 Page 4 of 8 County Manager's Office Office of Management & Budget 5/29/20099:04 AM Approved By Leo E. OChs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 5/29/2009 5:59 PM file://C:\AgendaTest\Export\13l-June%209,%202009\16.%20cONSENT%20AGENDA\16C... 6/3/2009 Letter to FL Governor's Office Agenda Item No. 16C16 June 9, 2009 Page 5 of 8 Dear Mr. Shreve May 15, 2009 Several months ago we contacted several SW Florida FPL customers to determine if there would be interest if allowed by the utility to have the option of prepaying for electric service in order to receive a discount. The response was overwhelming in favor of the concept. First, let us explain that our recommendation has nothing to do with rate structure. We are requesting that FP&L allow its customers the option to prepay their utility bills and receive a discount for the prepayment. The enclosed spread sheet is a calculation using Lee County Governments last year's actual numbers. The customer would contract with FP&L to prepay for a block of kilowatt hours, based on their historical usage. This amount would be discounted using FP&L's published discount rate, which at this time is 8.35%. The customer would secure their cash needs through bonding, third parties, banks, etc. In some cases the customer would not have to secure outside financing but pay cash. Under this circumstance the customer would receive the full benefit. We believe this would be basically revenue neutral to FP&L based on the fact that they have received payment in advance to invest, hedge etc. (attached FPL advantages) On January 1 st of this year for the first time in history utilities in the state of Florida started collecting from their customer base the "Capacity Clause Recovery Charge" which is a prepavrnent for future facilities that mayor may not be constructed. Pennsylvania state regulators capped energy increases until 2010. Pennsylvania Electric and Metropolitan Edison are currently allowing their customers to prepay up to 10% of their monthly energy cost. The utilities then pay 7% interest on the prepay portion which will be distributed back in credits to offset the expected increases when the cap is lifted. In 2003 IRS rulings opened the door to tax-exempt bond financing for long term energy contracts. Public utilities have prepaid 33 gas and electric energy contracts worth billions for the wholesale side of the business. In sum prepayment is being offered in different form and structure within the energy landscape the Florida electric customer should be allowed the same courtesy. FPL considered this concept in the mid 90's (deregulation era) to prevent other utilities from cherry picking their customers by entering into a prepay contract. This concept is revenue neutral to FPL and could be offered to all rate payer classifications. Respectfully Don Morgan CPA 239-340-5138 Frank Balogh CEM CEP 239-223-0956 Letter to FL Governor's Office Agenda Item No. 16C16 June 9, 2009 Page 6 of 8 FPL Advantages with Prepayment of Electric Utility Bills 1) Promotes energy conservation 2) Drastic reduction in monthly meter reading cost 3) Reduction in back office monthly billing cost 4) Increase working capital 5) Call center activity reduced 6) Reduced back office cost in tracking and payment of deposits 7) Utility can better manage credit risk 8) Float for utility 9) Built in hedge against weather conditions 10) No late payment or reconnect fees expenses 11) Reduce credit and collection costs 12) Improved safety and productivity with reduction in disconnects and reconnects 13) No capital expenditure 14) Elimination of time between delivery and receipt of revenue Agenda Item No. 16C16 June 9, 2009 Page 7 of 8 FPL to Lower Customers' Bills? Maybe Friday, March 20, 2009 3:53 AM (Source: The Bradenton Herald (Bradenton, Fla.))By Brian Neill, The Bradenton Herald, Fla. Mar. 20--It's not often that a utility company's rate proposal involves a decrease in customers' bills, but that's what Florida Power & Light Company is suggesting will happen. There is one caveat, how- ever: fuel prices have to remain at levels projected by the company. FPL is actually seeking to increase its base rate by $12.40 per month, which would increase its rate of return on service by 12.5 percent -- or $1 billion in 2010 and $250 million in 2011, according to its filing with the Securities and Exchange Commission announcing the rate proposal. At the same time, the company is proposing to reduce the fuel portion of customers' bills by 4.5 percent, or about $4.92 per month on the typical 1,000 kilowatt-hour customer bill, through an offset between the increased base rate and current lower fuel costs. In a press release, the company emphasized the savings that would result in customers' bills. FPL officials said the typical customer bill is already 18 percent lower than the average electric bill in Florida and 17 percent lower than the national average. But J.R. Kelly, public counsel for the state of Florida, isn't buying it. "It's certainly in the eye of the beholder," said Kelly, whose Office of Public Counsel represents the state's utility customers. "First, it's certainly not a rate decrease. If the price (of fuel) goes up, customers pay more. If it goes down, they pay less. There's certainly nothing magical about it from FPL's standpoint." Kelly also said FPL's pro- posal to increase the rate of return by 12.5 percent -- generating more than $1 billion -- is excessive and unwarranted. He said the national average rate of return for utilities is about 10.5 percent. "I'm floored. I think that is just absolutely overwhelming," Kelly said. "I don't know what the Public Service Commission is going to award them, but we just think it's ridiculous. I'm absolutely at a loss as to how you can say 12.5 percent is a fair rate of return. It's just out of the norm when you're looking at the economy today." Jackie Anderson, a spokeswoman for FPL, acknowledged that customers would not see a decrease in their bills if fuel prices were to rise beyond the company's projections. But she said that FPL's plans to use the increased based rate revenues to make its delivery systems cleaner and more efficient should guarantee that customers' bills stay lower in the future. "They're (fuel projections) based on Feb. 9, 2009, and if you look at the prices now, fuel prices are even lower," Anderson said. "But fuel prices are volatile, so that's why we're investing in this now so that we can continue to keep customers' bills lower." FPL expects to have its rate proposal hearing by the third quarter of this year with a final decision by year's endr according to its SEC filing. If approved, the new rates would go into effect in January. To see more of The Bradenton Herald or to subscribe to the newspaper, go to http://www.bradenton.com . Copyright (c) 2009, The Bradenton Herald, Fla. Distributed by McClatchy-Tribune Information Services. Agenda Item No. 16C16 June 9, 2009 Page 8 of 8