O388ORDINANCE N0.388
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF KENNEDALE
APPROVING THE PETITION OF ONCOR ELECTRIC DELIVERY COMPANY
LLC TO MODIFY ITS LIGHTING SERVICE TARIFF PURSUANT TO THE
ENERGY POLICY ACT OF 2005.
WHEREAS, the Energy Policy Act of 2005 specified that mercury vapor lamp ballasts shall not be
manufactured or imported after January 1, 2008; and
WHEREAS, the city has reviewed the Petition of Oncor Electric Delivery Company LLC (Oncor)
To modify its Lighting Service Tarriff Pursuant to the Energy Policy Act of 2005; and
WHEREAS, the City finds that Oncor's proposal to close its tariffs for new mercury vapor
installations effective March 1, 2008, and implement a plan to replace mercury vapor fixtures with high
pressure sodium fixtures when the fixture and/or ballast must be changed is consistent with the Energy
Policy Act of 2005; and
WHEREAS, the City finds that Oncor's proposed replacement chart for existing mercury vapor
installations is reasonable and should be approved as requested;
NOW THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF
KENNEDALE,TEXAS:
Section 1. The City hereby approves the Petition of Oncor Electric Delivery Company LLC to
Modify its Lighting Service Tariff Pursuant to the Energy Policy Act of 2005, and
Section 2. Oncor Tariff Section 6.1.1.6 -Lighting Service, as attached to this Ordinance, is
hereby approved, effective March 1, 2008 and
Section 3. That a copy of this Ordinance shall be sent to Oncor, care of Debra Anderson,
1601 Bryan, Suite 23-OSSC, Dallas, Texas 75201
DULY PASSED by the City Council of the City of Kennedale, Texas on the 14th day of February 2008.
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Wayne K. Olson, City Attorney
APPROVED:
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ayor, Bryan Lankhorst
4
PETITION OF ONCOR ELECTRIC DELIVERY COMPANY LLC
TO MODIFY LIGHTING SERVICE TARIFF
PURSUANT TO THE ENERGY POLICY ACT OF 2005
TO THE HONORABLE GOVERNING BODY OF EACH MUNICIPALITY WITH
ORIGINAL JURISDICTION OVER THE RATES OF ONCOR ELECTRIC DELIVERY
COMPANY LLC:
NOW COMES Oncor Electric Delivery Company LLC ("Oncor") and files this request
to: 1) close its lighting service tariff to new mercury vapor installations effective March 1, 2008,
for street lighting and outdoor lighting service; and 2) implement a plan to replace mercury vapor
ballasts and fixtures with high pressure sodium units when the fixture and/or ballast must be
changed, and in support thereof would respectfully show as follows:
I. BACKGROUND
The energy conservation standards that the U.S. Congress prescribed in the Energy Policy
Act of 2005 ("EPACT 2005") specify that mercury vapor lamp ballasts shall not be
manufactured or imported after January 1, 2008. Because of this ban on mercury vapor ballasts
effective January 1, 2008, Oncor proposes to: 1) close its tariffs for new mercury vapor
installations effective March 1, 2008; and 2) implement a plan to replace mercury vapor fixtures
with high pressure sodium fixtures when the fixture and/or ballast must be changed.
The relevant portion of the tariff which Oncor proposes to modify in this proceeding is
found at Section 6.1.1.6 -Lighting Service. Oncor would note that the proposed changes apply
both to Street Lighting Service (Sheet 6, pages 1-5), and Outdoor Lighting Service (Sheet 6,
pages 6-7), and a copy of the proposed tariff sheets are included as Attachment A. Although the
Outdoor Lighting Service offering is already closed to new customers, that portion of the tariff
will also be modified to set out the replacement chart for existing mercury vapor installations.
The replacement chart for the street lighting service and outdoor lighting service is identical, as
follows:
1
Existing Mercury Vapor Lighting : Sodium Vapor Replacement :
Wattage Lumens kWh Wattage Lumens kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
or 100* 9,500 40
or 150* 16,000 70
or 250* 27,500 100
1,000 63,000 370 400 50,000 160
Or 1,000 * 140,000 375
* -Available as a replacement upon customer request.
The replacement of mercury vapor ballasts and fixtures to sodium vapor will be done at no cost.
Oncor would note that if a street lighting customer desires to replace the mercury vapor fixture or
ballast with a metal halide fixture or ballast, the customer may do so by paying the additional
cost, consistent with the "Conversion or Replacement of Existing Facilities" portion of the Street
Lighting Tariff.1
Replacement by Oncor of burned-out mercury vapor bulbs in service under its outdoor
light service will continue, as bulbs - as compared to ballasts and fixtures -are not restricted
under EPACT 2005 and will remain available. However, on or after March 1, 2008, when
mercury vapor fixtures or ballasts must be replaced, the fixtures or ballasts will be replaced with
high pressure sodium equipment as set out in the conversion chart (or metal halide if requested
by a street lighting customer and upon payment of any additional costs), or customers may elect
to cancel service at no cost.
II. REQUEST FOR APPROVAL
With respect to this Petition, Oncor would note that: (1) it would not change the revenues
received by Oncor for an existing service; (2) it would not allow Oncor to begin charging for a
service previously available but for which there was not a separate charge; (3) it would not
immediately eliminate an existing service to which one or more customers actually subscribe,
and would provide alternative fixtures when mercury vapor ballasts and/or fixtures need to be
replaced; and (4) it would not increase a customer's bill even though the rate for a particular
service is not being changed, because as shown by a comparison of mercury vapor kWh
consumption and lumens with the high pressure sodium consumption and lumens, the
replacement fixtures produce more lumens per kWh and are therefore more energy efficient.
This option is not available for Outdoor Lighting Service customers.
2
As stated in Section I, above, and consistent with Section 36.102 of the Public Utility
Regulatory Act, Tex. Util. Code Title 2 (Vernon 2007}, Oncor proposes an effective date of
March 1, 2008, which is more than 35 days after the date of this filing. Appxoval of the
requested tariff may take place using one of two options: (1) by formal action approving the
tariff; or (2} by taking no action by March 1, 2008, at which point the proposed tariffs will go
into effect by operation of law.
III. NOTICE
Oncor has previously provided notice to all of the cities and retail electric providers
within its certificated service area of a sinaalaz filing with the Public Utility Commission of
Texas, and in that notice stated that it would be filing an identical request with its municipalities
that retain original jurisdiction over Oncor. A copy of the notice previously given is included as
Attachment B.
IV. PRAYER
WHEREFORE, PREMISES CONSIDERED, Oncor requests that the tariff sheets
contained in Attachment A be approved, effective March 1, 2008, either by formal approval or
by taking no action and letting the tariffs go into effect by operation of law.
Respectfully submitted,
Oncor Electric Delivery Company LLC
B ~C ~ Y
Y•
Howard V. Fisher
State Bar No. 07051500
Senior Counsel
Oncor Electric Delivery Company LLC
1601 $ryan Street, Suite 23-035C
Dallas, Texas 75201
Telephone: (214) 486-3026
Facsimile: (214) 486-3221
3
ATTACHMENT A
Proposed Revised Tariff Section 6.1.1.6
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 1 of 7
Effective Date: March 1, 2008 Revision: Two
6.1.1.6 -Lighting Service
Street Lighting Service
AVAILABILITY
Applicable to Competitive Retailer for street lighting, pedestrian walkway lighting, and overhead sign lighting service to
governmental entities in areas served by Company. Overhead sign lighting is available only under the provisions of
Schedule D of the Monthly Rate -Unmetered Facilities or the Monthly Rate -Metered Facilities -Non-Company-Owned
provisions.
TYPE OF SERVICE
Single or three phase, 60 hertz, at any of the Company's standard secondary or primary service voltages as required by
Competitive Retailer. Where existing distribution facilities are not adjacent to the point of delivery, additional charges and
special contract arrangements may be required prior to its being furnished. If service is provided at primary voltage,
Company may at its option meter service on the secondary side of the governmental entity's transformers and adjust for
transformer losses in accordance with Company's Tariff for Retail Delivery Service.
MONTHLY RATE
I. Unmetered Facilites
Points of Delivery (POD) Charge: $22.50 per governmental entity served by the Competitive Retailer.
Lamp Watts Lumens KWh Schedule Rect-
angular Post-Top
A B C D
Mercury Vapor 175 7,900 70 $ 7.35 $15.15 $ 3.35 $ 2.25 $18.65 $12.00
(See Note 1) 400 21,000 150 $11.25 $18.10 $ 6.65 $ 5.15 N.A. N.A.
1,000 63,000 370 $25.00 $33.05 $17.70 $12.75 N.A. N.A.
Sodium Vapor 100 9,500 40 $ 6.90 $14.25 $ 2.75 $ 1.40 $18.85 $11.20
150 16,000 70 $ 8.50 $15.65 $ 4.15 $ 2.30 $23.45 N.A.
200 22,000 80 $ 9.45 $16.35 $ 4.60 $ 2.75 $23.85 N.A.
250 27,500 100 $ 9.90 $17.00 $ 5.30 $ 3.45 $24.30 N.A.
400 50,000 160 $14.25 $23.45 $ 8.50 $ 5.30 $35.45 N.A.
1,000 140,000 375 $27.35 $36.60 $19.30 $12.90 $48.00 N.A.
Metal Halide 175 14,000 65 $ 9.20 $16.80 $ 5.05 $ 2.10 $20.90 $16.60
250 25,000 100 $11.75 $20.25 $ 6.70 $ 3.70 $30.40 N.A.
400 36,000 160 $14.00 $23.70 $ 8.50 $ 4.85 $39.80 N.A.
1,000 110,000 370 $26.45 $35.65 $18.85 $12.45 $48.55 N.A.
Other
Incandescent' All $ 6.90
Wallpack
Mercury Vapor" 250W $16.10
Fluorescent' $19.55
Historical $19.55
Note 1: Mercury Vapor options are closed to new installations. Company will continue to maintain existing Mercury Vapor installations
and will, at Company's option, install a Metal Halide ballast in place of a failed Mercury Vapor ballast. As existing fixtures are
damaged and must be replaced, Retail Customer will have the option to switch its service to the lamp type as specified in Mercury
Vapor Fixture Replacement Schedule below or to cancel service at no cost.
" Closed to new street lighting installations
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 2 of 7
Effective Date: March 1, 2008 Revision: Two
II. System Benefit Fund: $0.000655 per kWh, See Rider SBF
III. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147 per kWh, See Rider NDC
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII. Other Charges or Credits:
Not Applicable
MONTHLY RATE
I. Metered Facilities -Non-Company Owned
Applicable for distribution service supplied at one point of delivery and measured through one meter to Retail Customer
owned, operated and maintained street and highway lighting, overhead sign lighting, and incidental safety lighting
equipment which operates same hours as normal street lighting.
Distribution Charges Amount
Customer Charge $ 2.72
Meter Charge $10.78
Distribution System Charge $ 0.0340 per kWh
II. System Benefit Fund: $0.000655
III. Transition Charge: See Rider TC
IV. Nuclear Decommissioning Charge: $0.000147
V. Transmission Cost Recovery Factor: Not Applicable
VI. Excess Mitigation Credit: See Rider EMC
VII. State Colleges and Universities Discount: See Rider SCUD
VIII. Competitive Metering Credit: See Rider CMC
IX. Other Charges or Credits:
Not Applicable
per kWh, See Rider SBF
per kWh, See Rider NDC
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 3 of 7
Effective Date: March 1, 2008 Revision: Two
MONTHLY RATE
I. Metered Facilities -Company-Owned (Closed to new installations)
Distribution Charges Amount
Customer Charge $ 2.55
Meter Charge $19.95
Distribution System Charge $ 0.1195 per kWh
II. System Benefit Fund:
III. Transition Charge:
IV. Nuclear Decommissioning Charge:
V. Transmission Cost Recovery Factor:
VI. Excess Mitigation Credit:
VII. State Colleges and Universities Discount:
VIII. Competitive Metering Credit:
IX. Other Charges or Credits:
$0.000655
See Rider TC
$0.000147
Not Applicable
See Rider EMC
See Rider SCUD
See Rider CMC
per kWh, See Rider SBF
per kWh, See Rider NDC
Not Applicable
MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE
For Company-owned lights, when existing mercury vapor fixtures require replacement, Company will make such
replacements with comparable high pressure sodium vapor lighting at no cost, as specified below:
Existing Mercury Vapor Lighting :
Wattage Lumens kWh Sodium Vapor Replacement
Wattage Lumens
kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
1,000 63,000 370 400 50,000 160
Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the
sodium vapor replacement lighting.
Upon request of the Retail Customer, Company will convertor replace existing mercury vapor lighting to street lighting
options other than those indicated above, as stated in "CONVERSION OR REPLACEMENT OF EXISTING FACILITIES,"
below.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 4 of 7
Effective Date: March 1, 2008 Revision: Two
DEFINITIONS
Schedule A applies to:
Group 1 Company installed, owned, operated, and maintained street lights mounted on wood poles and served
overhead.
Group 2 Company installed, owned, operated, and maintained street lights mounted on wood, steel, or
ornamental poles of a type normally used by Company, and served overhead or underground, and
Retail Customer has contributed to Company an amount equivalent to the difference between the total
installed cost of such street lighting and the total installed cost of an equivalent lighting system
mounted on wood poles and served overhead.
Schedule B applies to:
Group 1 Company installed, owned, operated, and maintained street lights mounted on steel or other
ornamental poles of a type normally used by Company and served overhead. If the number of steel
and/or other ornamental poles exceeds the number of such poles on which lights are mounted, there
will be an additional charge of $4.85 per month for each such excess pole. Where two street lights with
lamps of the same size are mounted on the same steel and/or other ornamental pole, Schedule B
applies to one of the lights and Schedule A to the other.
Group 2 Company installed, owned, operated, and maintained street lights mounted on steel or other
ornamental poles of a type normally used by Company and served underground, and Retail Customer
has contributed to Company an amount equivalent to the difference between the total installed cost of
the underground circuits serving the street lights and the total installed cost of overhead circuits.
Where two street lights with lamps of the same size are mounted on the same steel and/or other
ornamental pole, Schedule B applies to one of the lights and Schedule A to the other.
Schedule C* applies to:
Group 1 Street lights installed for the use of Retail Customer by Retail Customer or by a governmental
subdivision. All equipment replacement and maintenance is performed by Retail Customer or the
governmental subdivision. Company provides lamp replacement service only which includes lamp and
labor (unless otherwise requested in writing by Retail Customer).
Group 2 Company owned street lights mounted on steel or other ornamental poles of a type not normally used
by Company, and Retail Customer has contributed to Company an amount equivalent to the entire
construction cost of the street lighting facilities including luminaires and circuits.
*Company operates all street lights under Schedule C (must be of a type suitable for use with the lamp
sizes provided for herein) and makes all normal lamp replacements which includes lamp and labor at
its expense. All other maintenance will be billed to Retail Customer on the basis of actual costs
including appropriate overhead expenses.
Schedule D applies to:
Retail Customer operated and maintained street lights and overhead sign lights or where such lights are installed by a
governmental subdivision for the use of Retail Customer, and Company supplies distribution service to Retail Customer
for the operation of the street lights or overhead sign lights.
Rectangular, Post-Top and Historical apply to:
Company installed, owned, operated, and maintained street lights mounted on steel or other ornamental poles of a type
normally used by Company and served either overhead or underground.
Pedestrian Walkway Lighting
Pedestrian walkway lighting is used to illuminate sidewalks along municipally-owned streets and roads and within
municipally-owned parks and recreational areas.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 5 of 7
Effective Date: March 1, 2008 ___ _ _ ___ __ Revision: Two
CONVERSION OR REPLACEMENT OF EXISTING FACILITIES
Company will convert existing Company-owned facilities (size or type of luminaire) to a different Company-offered size or
type of luminaire upon request of and payment by Retail Customer of an amount equal to the estimated cost of such
conversion, including labor and materials, less the salvage value of the existing facilities.
Company will replace existing lighting facilities upon request of and payment by Retail Customer of an amount equal to
the estimated removal cost less salvage value of existing facilities. Installation of new facilities requested by Retail
Customer will be performed pursuant to the appropriate Schedule and Group described above.
SPECIAL CONDITIONS
For billing purposes the monthly street lighting and overhead sign lighting burning hours are 333 hours per month and all
connections and disconnections are assumed to have occurred at the beginning of the current month's billing period.
Retail Customer-owned unmetered lamps other than those of the lamp sizes shown under Schedule D are billed under
the metered rate and the amount of monthly energy is determined by multiplying the connected load (including ballast) by
the number of burning hours.
Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacement
occur, or Company may charge Retail Customer for such maintenance and/or lamp replacements. Company makes all
connections and disconnections to its distribution system.
AGREEMENT
An Agreement for Delivery Service with a term of not less than ten years is required.
NOTICE
This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 6 of 7
Effective Date: March 1, 2008 Revision: Two
Outdoor Lighting Service (CLOSED)
AVAILABILITY
Applicable to Competitive Retailers for unmetered lighting service supplied exclusively to one or more existing outdoor
lamps as specified below operating automatically from dusk to dawn.
Not applicable to street lighting.
MONTHLY RATE
I. Unmetered Facilities
P~~~rd I inh4c
Type Watts kWh Lumens Facilities Charge
Mercury Vapor 175 70 7,900 $ 7.10
(See Note 1) 400 150 21,000 $10.85
Sodium Vapor 100 40 9,500 $ 6.75
200 80 22,000 $ 9.45
Note 1: Company will continue to maintain existing Mercury vapor installations and will, at company's option, install a Metal Halide
ballast in place of a failed Mercury Vapor ballast. As existing fixtures are damaged and must be replaced, Retail Customer will have the
option to switch its service to another lamp type as specified in Mercury Vapor Fixture Replacement Schedule below or cancel service at
no cost.
Fleed Liehts
Type Watts kWh Lumens Facilities Charge
Metal Halide 250 100 25,000 $12.55
400 160 36,000 $15.10
Sodium Vapor 100 40 9,500 $ 9.10
250 100 27,000 $11.70
400 160 50,000 $14.95
II. System Benefit Fund:
111. Transition Charge:
IV. Nuclear Decommissioning Charge:
V. Transmission Cost Recovery Factor:
VI. Excess Mitigation Credit:
VII. State Colleges and Universities Discount:
VIII.Other Charges or Credits:
$0.000655 per kWh, See Rider SBF
See Rider TC
$0.000147 per kWh, See Rider NDC
Not Applicable
See Rider EMC
See Rider SCUD
Extra Spans: Plus $2.85 per span of secondary line installed hereunder in excess of one span per light.
Tariff for Retail Delivery Service
Oncor Electric Delivery Company LLC
6.1.1 Delivery System Charges Sheet: 6
Applicable: Areas Subject to Original Jurisdiction Page 7 of 7
Effective Date: March 1, 2008 Revision: Two
MERCURY VAPOR FIXTURE REPLACEMENT SCHEDULE
When existing mercury vapor fixtures require replacement, Company will make such replacements with comparable high
pressure sodium vapor lighting at no cost as specified below:
Existing Mercury Vapor Lighting :
Wattage Lumens kWh Sodium Vapor Replacement
Wattage Lumens kWh
175 7,900 70 100 9,500 40
400 21,000 150 200 22,000 80
Upon replacement, Retail Customer will be billed at the applicable facilities charge and associated kWh usage for the
sodium vapor replacement lighting.
MAINTENANCE OF FACILITIES
Company will maintain all facilities incidental to providing this service, including replacement of burned-out lamps.
Company reserves the right to discontinue service at locations where excessive maintenance and/or lamp replacements
are, in Company's sole judgment, likely to or actually do occur.
REMOVAL OF EXISTING FACILITIES
Except as specified above, Company will replace existing Company-owned luminaires with any of the outdoor lighting
options above or remove the existing luminaire upon request of and payment by Retail Customer of $73.00 for each
luminaire to cover the labor cost of removal and Company's average unamortized investment in the existing luminaire.
This charge is applicable to all replacements whether or not an outdoor lighting service is active or inactive or a customer
change has taken or is taking place.
NOTICE
This rate schedule is subject to the Company's Tariff and Applicable Legal Authorities.
NOTICE
On December 11, 2007, Oncor Electric Delivery Company LLC ("Oncor") filed a Petition with
the Public Utility Commission of Texas ("PUC") for administrative approval of modifications to
its Lighting Service tariff, Section 6.1.1.6, for mercury vapor lighting fixtures to reflect the
requirements of the Energy Policy Act of 2005 ("EPACT 2005"). That statute prohibits the
manufacture and importation of mercury ballasts after January 1, 2008. Therefore, Oncor
proposes to close its lighting service tariff to the installation of new mercury vapor ballasts and
fixtures effective January 21, 2008. Further, existing mercury vapor fixtures that need to be
replaced after January 21, 2008, will be replaced at no cost with high pressure sodium fixtures
(or metal halide fixtures for street lighting customers, upon request and payment of any
additional costs), or the customer can choose to discontinue service to that fixture at no cost.
Oncor will continue to provide service to existing mercury vapor fixtures until the fixture needs
to be replaced and Oncor will continue to replace mercury vapor bulbs on existing fixtures
because the manufacture and importation of the bulbs (as opposed to ballasts) has not been
prohibited by EPACT.
Oncor is seeking administrative approval of its proposed tariff changes from the PUC. After the
PUC completes its analysis, Oncor will ask its cities with original jurisdiction to approve the
same tariffs approved by the PUC.
The PUC has assigned Oncor's filing Tariff Filing No. 35103. Anyone who wishes to intervene,
file comments, or obtain further information regarding this proceeding should contact the Public
Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the
Commission's Office of Consumer Protection at (512) 936-7120 or (888) 782 8477. Hearing
and speech-impaired individuals with the text telephones (TTY) may contact the Commission at
(512) 936-7136.
Oncor may be contacted about this filing by contacting Manuel A. Flores at telephone (214) 486-
3477, fax (214) 486-2180, or E-mail: mflores 1(a,oncor.com.