File #: PUB17-100    Version: 1 Name:
Type: Public Utilities Board
File created: 4/14/2017 In control: Public Utilities Board
On agenda: 4/24/2017 Final action:
Title: Consider recommending that the City Council approve an ordinance of the City of Denton, Texas, authorizing a waiver for the Texas Municipal Power Agency's (TMPA) decommissioning plan deadline for the Gibbons Creek power plant, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned; and providing an effective date.
Attachments: 1. 1. Proposed notice letter upon ordinance approval
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Agenda Information Sheet

 

DEPARTMENT:                     Denton Municipal Electric

 

CM/ ACM:                                          Todd Hileman

 

Date:                                                               April 24, 2017

 

SUBJECT

Title

Consider recommending that the City Council approve an ordinance of the City of Denton, Texas, authorizing a waiver for the Texas Municipal Power Agency’s (TMPA) decommissioning plan deadline for the Gibbons Creek power plant, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned; and providing an effective date.

Body

 

BACKGROUND

The City of Denton is a member of the Texas Municipal Power Agency that owns transmission, generation, and related assets that deliver electric power to TMPA member cities (City of Denton, City of Bryan, City of Garland, City of Greenville).  On June 28, 2016 the City Council of Denton, as a member city of the TMPA, authorized adoption of a Joint Operations Agreement (JOA) with the other TMPA member cities.  This agreement sets forth the governance rules for how the member cities wish TMPA to run its operation.  Section 5.3.1 of the JOA requires TMPA to develop a decommissioning plan for its Gibbons Creek power plant within 12 months of the adoption of the agreement.  Based on the effective date of the JOA, that deadline is on or about September 1, 2017.

 

Due to the ongoing negotiations between TMPA and a potential buyer of the Gibbons Creek plant, the decommissioning plan development may not be necessary.  Therefore, the deadline for decommissioning should be delayed via waiver authorized by the TMPA member cities.  A deadline waiver would constitute a modification of the JOA.  The agreement states that such a modification may be accomplished only upon the mutual consent of all of the member cities, in writing.

 

TMPA is requesting that all member TMPA cities authorize a waiver of the power plant decommissioning deadline pending its ongoing efforts to sell the power plant.

 

OPTIONS

1.                     Recommend that the City of Denton authorize an ordinance waiving the deadline for TMPA to develop a decommissioning plan for Gibbons Creek power plant, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned.

2.                     Do not Recommend that the City of Denton authorize an ordinance waiving the deadline for TMPA to develop a decommissioning plan for Gibbons Creek power plant.

 

RECOMMENDATION

DME staff recommends authorizing a waiver of the deadline for TMPA to develop the decommissioning plan, and authorizing TMPA to develop a decommissioning plan within a reasonable time if its efforts to sell the plant are abandoned.

 

FISCAL INFORMATION

No appropriation request is required.

STRATEGIC PLAN RELATIONSHIP

The City of Denton’s Strategic Plan is an action-oriented road map that will help the City achieve its vision.  The foundation for the plan is the five long-term Key Focus Areas (KFA):  Organizational Excellence; Public Infrastructure; Economic Development; Safe, Livable, and Family-Friendly Community; and Sustainability and Environmental Stewardship.  While individual items may support multiple KFAs, this specific City Council agenda item contributes most directly to the following KFA and goal:

 

Related Key Focus Area:                      Public Infrastructure

Related Goal:                                                               2.3 Promote superior utility services and facilities

 

EXHIBITS

1.                     Proposed notice letter upon ordinance approval.

 

                                                                                                                                                   Respectfully submitted:

                                                                                                                              Phil Williams

                                                                                                                              General Manager

 

Prepared by:

Smith Day

Compliance Manager