MINUTES OF THE REGULAR MEETING OF THE

POWER AUTHORITY OF THE STATE OF NEW YORK

 

January 29, 2008

 

Table of Contents

 

            Subject                                                                                                          

 

1.              Motion Providing for the Establishment of a Consent Agenda as Part of the Monthly Trustees’ Meeting Agenda

Resolution

2.              Consent Agenda:

a.        Minutes of the Regular Meeting held on  December 18, 2007

                                     

b.        Power for Jobs Program – Extended Benefits , exhibit ‘2b-A’
        Resolution

            Discussion Agenda:

3.              Financial Reports for the Year Ended December 31, 2007, Exhibit  ‘3-A’

4.              Report from the President and Chief Executive Officer              

5.              Request to Approve an Extension to the Term of Service for an Existing Expansion Power Customer   
Resolution
 

6.              Transfers of Industrial Power                  

 Resolution

 

7.              Procurement (Services) Contracts Energy Marketing and Corporate Affairs – Awards, Exhibit   ‘7-A’

Resolution

8.              Information Technology Initiatives – Capital Expenditure Authorization   

Resolution

 

9.              Lease of Office Space – Albany OfficeKeyCorp Tower, 30 South Pearl Street, Exhibit ‘9-A’ & ‘9-B’

Resolution

 

10.           Procurement (Construction) Contracts - Blenheim-Gilboa Power Project – Life Extension and Modernization Program – Transformer Deluge System – D. A. Collins Construction and Eaton Electrical Services, Inc. - Award

Resolution

 

11.           Ratification of Agreement in Principle Regarding New Power Supply Contract Between the Authority and Alcoa, Inc.                    

Resolution

           

12.           Presentation:  Power Generation Business Unit Overview and Hydro Life Extension and Modernization 

 

13.           Next Meeting                                                                                                               

            Closing                                                                                                                          

 

Minutes of the Regular Meeting of the Power Authority of the State of New York held via video conference at the following participating locations at 11:25 a.m.:

1)       New York Power Authority, 123 Main Street, White Plains, NY

2)       Harris Beach, PLLC, 99 Garnsey Road, Pittsford, New York

The following Members of the Board were present at the following locations:

Present:                  Frank S. McCullough, Jr., Chairman (White Plains, NY)

                                Michael J. Townsend, Vice Chairman (Pittsford, NY)

                                Elise M. Cusack, Trustee (White Plains, NY)

                                Robert E. Moses, Trustee (White Plains, NY)

                                Thomas W. Scozzafava, Trustee (White Plains, NY)

                                James, A. Besha, Sr., Trustee (White Plains, NY)

                                D. Patrick Curley, Trustee (White Plains, NY)

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Roger B. Kelley                                    President and Chief Executive Officer

Thomas J. Kelly                                    Executive Vice President, General Counsel and Chief of Staff

Joseph Del Sindaco                             Executive Vice President and Chief Financial Officer

Gil C. Quiniones                                   Executive Vice President – Energy Marketing and Corporate Affairs

Vincent C. Vesce                                  Executive Vice President – Corporate Services and Administration

Steven J. DeCarlo                                 Senior Vice President – Transmission

Angelo S. Esposito                              Senior Vice President – Energy Services and Technology

William J. Nadeau                                Senior Vice President – Energy Resource Management and Strategic Planning

Edward A. Welz                                   Senior Vice President and Chief Engineer – Power Generation

James H. Yates                                     Senior Vice President – Marketing and Economic Development

Arnold M. Bellis                                   Vice President and Controller

John M. Hoff                                        Vice President – Procurement and Real Estate

Donald A. Russak                                Vice President – Finance

William V. Slade                                   Vice President – Environment, Health and Safety

Thomas Warmath                                Vice President and Chief Risk Officer

Thomas P. Antenucci                          Vice President – Project Management

Benjamin C. Wong                               Project Manager – Project Management

Stephen P.  Shoenholz                        Deputy Vice President - Public Affairs

Daniel Wiese                                        Inspector General and Vice President – Corporate Security

Brian C. McElroy                                  Treasurer – Corporate Finance

Anne B. Cahill                                      Corporate Secretary

Angela D. Graves                                 Deputy Corporate Secretary

Dennis T. Eccleston                            Chief Information Officer

Paul F. Finnegan                                  Vice President – Intergovernmental and Community Affairs

John J. Suloway                                   Executive Director – Licensing, Implementation and Compliance

Jordan Brandeis                                   Director – Power Resource Planning and Acquisitions

James F. Pasquale                                Director – Business Power Allocations, Compliance and Municipal and

                                                                    Cooperative Marketing

Michael A. Saltzman                            Director – Media Relations

Mary Jean Frank                                  Associate Corporate Secretary
Lorna M. Johnson                               Assistant Corporate Secretary
Jack Murphy                                         Temporary Public Relations Counsel

 


Chairman McCullough presided over the meeting.  Secretary Cahill kept the Minutes.

 


1.                   Motion Providing for the Establishment of a Consent Agenda as Part of the Monthly Trustees’ Meeting Agenda

 

The Chairman submitted the following Resolution:

 

WHEREAS, at nearly every meeting of the Board of Trustees of the New York Power Authority, the proposed agenda contains items that are considered routine and do not require discussion or debate; and

 

WHEREAS, it is appropriate parliamentary practice governing board proceedings that in such instances a consent agenda be established; and

 

WHEREAS, there has been discussion among and between the Trustees and the Chairman providing for the establishment of a consent agenda as part of the agenda of the Trustees’ regular monthly agenda;

 

NOW, THEREFORE, BE IT RESOLVED, that the New York Power Authority’s Board of Trustees hereby adopts the use of a consent agenda for the conduct of its meetings according to the following protocols:

 

1.         A consent agenda may be presented by the Chairman at the beginning of each meeting of the Trustees.

 

2.         Items may be removed from the consent agenda on the request of any one Trustee. 

 

3.         Items not removed may be adopted by general consent without debate. 

 

4.         Removed items may be taken up either immediately after the consent agenda or placed later on the agenda at the discretion of the Chairman.

                                    

5.         No item may be placed on the consent agenda if it is reasonably expected that the proposed action on an item would require that a Trustee disclose a potential conflict or abstain from voting.  

 


2.                   Consent Agenda:

 

a.                    Minutes of the Regular Meeting held on December 18, 2007

The Minutes of the Regular Meeting held on December 18, 2007 were unanimously adopted. 


b.             Power for Jobs Program – Extended Benefits

The President and Chief Executive Officer submitted the following report:

SUMMARY

 

“The Trustees are requested to approve extended benefits for 24 Power for Jobs (‘PFJ’) customers as listed in Exhibit ‘2b-A.’  These customers have been recommended to receive such extended benefits by the Economic Development Power Allocation Board (‘EDPAB’). 

 

BACKGROUND

 

                “In July 1997, the New York State Legislature approved a program to provide low-cost power to businesses and not-for-profit corporations that agree to retain or create jobs in New York State.  In return for commitments to create or retain jobs, successful applicants receive three-year contracts for PFJ electricity.

 

“The PFJ program originally made 400 megawatts (‘MW’) of power available.  The program was to be phased in over three years, with approximately 133 MW made available each year.  In July 1998, as a result of the initial success of the program, the Legislature amended the PFJ statute to accelerate the distribution of the power and increase the size of the program to 450 MW.

 

                “In May 2000, legislation was enacted that authorized another 300 MW of power to be allocated under the PFJ program.  Legislation further amended the program in July 2002.

 

                “Chapter 59 of the Laws of 2004 extended the benefits for PFJ customers whose contracts expired before the end of the program in 2005.  Such customers had to choose to receive an ‘electricity savings reimbursement’ rebate and/or a power contract extension.  The Authority was also authorized to voluntarily fund the rebates, if deemed feasible and advisable by the Trustees.

 

“PFJ customers whose contracts expired on or prior to November 30, 2004 were eligible for a rebate to the extent funded by the Authority from the date their contract expired through December 31, 2005. 

 

“PFJ customers whose contracts expired after November 30, 2004 were eligible for rebate or contract extension, assuming funding by the Authority, from the date their contracts expired through December 31, 2005.

 

“Approved contract extensions entitled customers to receive the power from the Authority pursuant to a sale-for-resale agreement with the customer’s local utility.  Separate allocation contracts between customers and the Authority contained job commitments enforceable by the Authority.

 

“In 2005, provisions of the approved State budget extended the period PFJ customers could receive benefits until December 31, 2006.  Chapter 645 of the Laws of 2006 included provisions extending program benefits until June 30, 2007.  Chapter 89 of the Laws of 2007 included provisions extending program benefits until June 30, 2008.

 

“At its meeting of October 18, 2005, EDPAB approved criteria under which applicants whose extended benefits EDPAB had reduced for non-compliance with their job commitments could apply to have their PFJ benefits reinstated in whole or in part.  EDPAB authorized staff to create a short-form application, notify customers of the process, send customers the application and evaluate reconsideration requests based on the approved criteria. 

 

DISCUSSION

 

“At its meeting on January 29, 2008, EDPAB recommended that the Authority’s Trustees approve electricity savings reimbursement rebates to the 24 businesses listed in Exhibit ‘2b-A.’  Collectively, these organizations have agreed to retain more than 39,000 jobs in New York State in exchange for the rebates. 

 

“The Trustees are requested to approve the payment and funding of rebates for the companies listed in Exhibit ‘2b-A’ in a total amount currently not expected to exceed $4.3 million.  Staff recommends that the Trustees authorize a withdrawal of monies from the Operating Fund for the payment of such amount, provided that such amount is not needed at the time of withdrawal for any of the purposes specified in Section 503(1)(a)-(c) of the General Resolution Authorizing Revenue Obligations, as amended and supplemented.  Staff expects to present the Trustees with requests for additional funding for rebates to the companies listed in the Exhibit in the future.

 

FISCAL INFORMATION

 

“Funding of rebates for the companies listed in Exhibit ‘2b-A’ is not expected to exceed $4.3 million.  Payments will be made from the Operating Fund.  To date, the Trustees have approved $106.7 million in rebates.

 

RECOMMENDATION

 

“The Executive Vice President and Chief Financial Officer and the Director – Business Power Allocations, Compliance and Municipal and Cooperative Marketing recommend that the Trustees approve the payment of electricity savings reimbursements to the Power for Jobs customers listed in Exhibit ‘2b-A.’ 

 

                “The Executive Vice President, General Counsel and Chief of Staff, the Executive Vice President – Energy Marketing and Corporate Affairs, the Senior Vice President – Marketing and Economic Development and I concur in the recommendation.”

 

The following resolution, as submitted by the President and Chief Executive Officer, was unanimously adopted.                                                                                                                                                          

 

WHEREAS, the Economic Development Power Allocation Board (‘EDPAB’) has recommended that the Authority approve electricity savings reimbursements to the Power for Jobs (‘PFJ’) customers listed in Exhibit “2b-A”;   

 

NOW THEREFORE BE IT RESOLVED, That to implement such EDPAB recommendations, the Authority hereby approves the payment of electricity savings reimbursements to the companies listed in Exhibit “2b-A,” and that the Authority finds that such payments for electricity savings reimbursements are in all respects reasonable, consistent with the requirements of the PFJ program and in the public interest; and be it further

 

RESOLVED, That based on staff’s recommendation, it is hereby authorized that payments be made for electricity savings reimbursements as described in the foregoing report of the President and Chief Executive Officer in the aggregate amount of up to $4.3 million, and it is hereby found that amounts may properly be withdrawn from the Operating Fund to fund such payments; and be it further

 

                RESOLVED, That such monies may be withdrawn pursuant to the foregoing resolution upon the certification on the date of such withdrawal by the Vice President – Finance or the Treasurer that the amount to be withdrawn is not then needed for any of the purposes specified in Section 503(1)(a)-(c) of the General Resolution Authorizing Revenue Obligations, as amended and supplemented; and be it further

 

RESOLVED, That the Senior Vice President – Marketing and Economic Development or his designee be, and hereby is, authorized to negotiate and execute any and all documents necessary or desirable to effectuate the foregoing, subject to the approval of the form thereof by the Executive Vice President, General Counsel and Chief of Staff; and be it further

 

RESOLVED, That the Chairman, the President and Chief Executive Officer and all other officers of the Authority are, and each of them hereby is, authorized on behalf of the Authority to do any and all things and take any and all actions and execute and deliver any and all certificates, agreements and other documents to effectuate the foregoing resolution, subject to the approval of the form thereof by the Executive Vice President, General Counsel and Chief of Staff.



3.                   Financial  Reports for the Year Ended December 31, 2007

Mr. Arnold Bellis presented the highlights of the financial reports to the Trustees and commended Mr. Thomas Davis and his staff for the precision of their work on the financial forecast for 2007.  In response to a question from Trustee James Besha, Mr. Bellis said that the Authority’s voluntary payments to New York State are listed under “Other Expenses” in the income statement.


4.                   Report from the President and Chief Executive Officer

President Roger Kelley said that staff is in the process of evaluating the proposals that had been received in response to RFP #5 and expect to make recommendations regarding the award of a contract at the April Trustees’ Meeting.

                In furtherance of Governor Spitzer’s 15 by 15 initiative and the upcoming recommendations of Lieutenant Governor Paterson’s Renewable Energy Task Force, President Kelley said the Authority expects to spend another $1.5 billion on energy efficiency and renewable energy projects with other State and local government entities between now and 2015.  Over the past 10 years, the Authority has spent $1.2 billion on energy efficiency and renewable energy projects through its Energy Services and Technology programs. 

The Long Island Power Authority projects that it will spend $1.0 billion on energy efficiency and renewable energy projects between now and 2015. 

                President Kelley said that he will participate in the press conference in Albany on February 12th at which the results of the Lieutenant Governor’s Renewable Energy Task Force will be announced.  According to President Kelley, the recommendations being made by the Task Force will be viewed by all as being aggressive. 

                President Kelley told the Trustees that the Authority is well on its way in its efforts to reach its strategic goals for 2008.  He added that management is also in the process of conducting its 2007 end-of-the-year reviews of staff performance.

                The December announcement of the Authority’s agreement in principle with Alcoa was a monumental event in the North Country, according to President Kelley.  He said that the agreement would be discussed in more detail later in the meeting.

                President Kelley said that the Governor’s 2008-09 proposed budget included a plan for replacing the Power for Jobs (“PFJ”) and Energy Cost Savings Benefit (“ECSB”) programs.  He asked Mr. James Yates to provide the Trustees with additional details on this plan.  Mr. Yates said that the Governor’s proposed budget includes legislative proposals to extend the PFJ and ECSB programs for one additional year, to June 30, 2009, similar to the one-year extension that was enacted in June 2007.  However, the proposal would set a cap on the Authority’s voluntary contribution to the State Treasury for those programs at $25 million.  Unallocated Replacement Power would still be available for the ECSB program, but the PFJ rebates would be capped at their 2007-08 level.  The legislation would also establish an electricity cost discount program that would take effect on July 1, 2009 and replace the PFJ and ECSB programs.  The Authority would fund the new program in an amount up to $120 million.  All existing PFJ and ECSB customers would be required to apply for the new program, which would have different criteria from the PFJ and ECSB programs, with their applications subject to the approval of the Economic Development Power Allocation Board and the Authority’s Trustees.  Customers deemed ineligible for the new program would be entitled to receive a two-year phase-out reduced benefit for two-thirds of a full electricity cost discount in the first year and one-third in the second year.  A portion of the new program would just be for businesses that are expanding in New York State, with another portion earmarked for small busineses and not-for-profits.  The Authority would still conduct an annual job compliance review of the customers in the new program.  The benefit would be in the form of a discount on the customer’s utility bill, rather than a check from the Authority.  And customers of the Authority’s hydropower programs would not be eligible for the new program.  Responding to a question from Chairman McCullough, Mr. Yates said that the Authority would fund the one-year extension of the PFJ program up to $40-45 million for rebates plus the $25 million voluntary contribution.  Mr. Thomas Kelly pointed out that the Governor’s proposal still has to go through the legislative process and that he would not expect to see any action on it until the end of March or the beginning of April.  President Kelley said that there seems to be a lot of confusion on the part of the media and others about the Governor’s proposal, with some embracing it and others saying that it should be closely evaluated.  In response to a question from Chairman McCullough, Mr. Kelley said that the Authority had worked closely with the Governor’s Office on drafting the bill and reminded the Trustees that it is part of the Governor’s budget and not a standalone bill. 


5.                   Request to Approve an Extension to the Term of Service for an Existing Expansion Power Customer

 

The President and Chief Executive Officer submitted the following report:

 

Summary

 

“The Trustees are requested to approve an extension to the term of service for a 1,500 kW allocation of Expansion Power (‘EP’) to Brunner International, Inc. (‘Brunner’), which is an existing EP customer. 

 

BACKGROUND

 

“Under Section 1005(13) of the Power Authority Act, the Authority may contract to allocate or reallocate directly, or by sale for resale, 250 MW of firm hydroelectric power as EP to businesses within the State that are located within 30 miles of the Niagara Power Project (‘Project’), provided that the amount of power allocated to businesses in Chautauqua County on January 1, 1987 (19,732 kW) continues to be allocated in such county.

 

“Each application for an EP allocation must be evaluated under criteria that include, but need not be limited to, those set forth in Public Authorities Law Section 1005(13)(a), which sets forth eligibility criteria, and (b), which sets forth revitalization criteria.

 

DISCUSSION

 

“Brunner is a manufacturer of safety-related brake products, such as brake shoes and other brake components, for the heavy-duty truck industry.  The company originated in Niagara Falls, Canada, and moved to its Medina, New York location in 1992.  Brunner has one of the largest manufacturing facilities in Orleans County.

 

“At their meeting of February 23, 1993, the Trustees approved a 1,500 kW allocation of EP for a term of 15 years to Brunner.  The contract will expire on February 28, 2008.

 

“The renewal of this contract is essential for Brunner’s economic viability.  The company has experienced increases in costs in many areas of its operation.  Some of these increased costs, including raw material, health care and power, may threaten Brunner’s long-term survival, particularly when combined with the pressure of competing in a global marketplace.

 

“At their meeting of December 18, 2007, the Trustees allocated Brunner 2,500 kW of Replacement Power for a potential $12.37 million expansion project.  This new project will expand the company’s existing building and add equipment for a new product line.  Brunner continues to invest in its facility and explore new business opportunities in Western New York. This new allocation, combined with an extension of its existing EP allocation, will help the company remain competitive.

 

“Staff recommends that the Trustees approve an extension of the term of service for the 1,500 kW EP allocation for five years.  Brunner has exceeded its job commitment and will commit to maintaining its current employment level of 291 jobs.

 

“The extension requested above will help Brunner maintain its costs and enable the company to compete more effectively.  In addition, the extension will further secure Brunner’s employment levels in Western New York.

 

                “The request was reviewed in accordance with the applicable criteria set forth in Part 460 of the Authority’s Rules and Regulations Governing the Allocation of Industrial Power (21 NYCRR Part 460 (1988)).

 

 RECOMMENDATION

 

“The Director – Business Power Allocations, Compliance and Municipal and Cooperative Marketing recommends that the Trustees approve an extension to the term of service for Brunner International, Inc.’s 1,500 kW Expansion Power contract for five years through February 28, 2013.

 

“The Executive Vice President, General Counsel and Chief of Staff, the Executive Vice President – Energy Marketing and Corporate Affairs, the Senior Vice President – Marketing and Economic Development and I concur in the recommendation.”

 

The following resolution, as submitted by the President and Chief Executive Officer, was unanimously adopted with Trustee D. Patrick Curley recusing himself.

 

RESOLVED, That the Trustees find that staff’s review supports an extension of 1,500 kW of Expansion Power to Brunner International, Inc. for five years through February 28, 2013, and that such extension be, and hereby is, approved on the terms set forth in the foregoing report of the President and Chief Executive Officer; and be it further 

 

RESOLVED, That the Senior Vice President – Marketing and Economic Development, or his designee, be, and hereby is, authorized to negotiate and execute any and all documents necessary or desirable to effectuate the foregoing, subject to the approval of the form thereof by the Executive Vice President, General Counsel and Chief of Staff; and be it further

 

RESOLVED, That the Chairman, the President and Chief Executive Officer and all other officers of the Authority are, and each of them hereby is, authorized on behalf of the Authority to do any and all things and take any and all actions and execute and deliver any and all agreements, certificates and other documents to effectuate the foregoing resolution, subject to the approval of the form thereof by the Executive Vice President, General Counsel and Chief of Staff.

 


6.                   Transfers of Industrial Power

The President and Chief Executive Officer submitted the following report:

SUMMARY

 

                “The Trustees are requested to approve the transfer of power allocations for four existing customers that have either changed their names for various business reasons and/or moved the location of their business.

 

BACKGROUND

 

                “Three companies have requested that the Authority grant approval of their requests for the continued delivery of Authority power allocations to facilities that have all gained prior approval for an allocation with pre-existing company names and/or ownership.  The present owners of these same facilities are now requesting that the Authority authorize the continuation of the power allocations granted to the previous company names and ownership associated with these facilities.  One company requested that the Authority grant approval of its request to transfer its allocation to a company that has agreed to maintain the current business operation and commit to the existing terms of the contract while consolidating allocations into one existing facility.  The reasons for such transfers are described below.  

 

“The Trustees have approved transfers of this nature at past meetings.

DISCUSSION

 

                “The proposed transferees are as follows:

 

The Exolon Company (‘Exolon’), located in Tonawanda, Erie County, has been in business since 1914, with this facility in operation since 1943.  Exolon manufactures various- sized abrasive grains made of silicone carbide and fused aluminum oxide, primarily used by grinding wheel manufacturers.  The company was awarded a 600 kW Power for Jobs (‘PFJ’) allocation for 130 jobs by the Trustees at their meeting of September 28, 1998.  The company was also awarded a 300 kW Replacement Power (‘RP’) allocation for 70 jobs by the Trustees at their meeting of October 24, 2006.  The PFJ contract was extended by the Trustees at their September 26, 2000 meeting.  Exolon chose to take the contract extension option in 2005, and was approved for 150 kW and 35 jobs through the end of 2006 by the Trustees at their meeting of September 20, 2005.  Exolon applied for reinstatement of its reduced allocation.  At their January 31, 2006 meeting, the Trustees approved partial reinstatement of the allocation, such that through the end of 2006 the allocation was 375 kW with 35 jobs.  Exolon applied for the extended benefits contract extension for January 1, 2007 through June 30, 2007, with 375 kW and 52 jobs, as approved by the Trustees at their meeting of November 28, 2006.  The contract extension option has been extended through June 30, 2008, with 375 kW and 52 jobs, as approved by the Trustees at their meeting of June 26, 2007.  The company was purchased by Washington Mills Company, Inc. in 2001.  Effective January 1, 2008, Washington Mills Company, Inc. is establishing two separate corporate entities, one to be based in New York and one to be based in Illinois.  The new New York company, with Washington Mills, Inc. as its parent company, will be called Washington Mills Tonawanda, Inc. and will assume all assets and liabilities of Exolon.  The location will remain the same, as will the business carried on at the location.  Exolon requests that the PFJ and RP allocations be transferred to Washington Mills Tonawanda, Inc., which will continue to honor all of the terms and commitments of its contract with the Authority.

 

General Semiconductor, Inc. (‘GSI’), located in Westbury, Nassau County, has been in business for more than 50 years.  GSI manufactures cutting-edge silicon epitaxial materials for use in manufacturing semiconductor devices.  The company was awarded an 850 kW Economic Development Power (‘EDP’) allocation for 44 jobs by the Trustees at their meeting of February 23, 1993.  In September 1998, the company signed a long-term contract with the Authority through October 31, 2007.  On October 1, 2001, GSI was purchased by Vishay Intertechnology Inc. (‘Vishay’).  GSI is now a wholly owned subsidiary of Vishay.  The business conducted by the company remains unchanged from before the acquisition and the Westbury location remains the same as well.  At their June 26, 2007 meeting, the Trustees extended the EDP allocation through June 30, 2008 and granted the company Energy Cost Savings Benefits for the same period in exchange for 44 jobs.  The company is now named Vishay GSI, Inc.  The company will continue to honor all of the terms and commitments of its contract with the Authority. 

 

ILC Data Device Corporation (‘IDDC’), located in Bohemia, Suffolk County, was founded in 1964.  The company manufactures microelectronics, including digital converters, data bus devices, solid-state power controllers and motor drivers.  The company is changing its name only, without any ownership change, to Data Device Corporation.  The Trustees approved a 1,400 kW PFJ allocation with 456 jobs at their December 16, 1997 meeting.  The allocation was extended by the Trustees at their meeting on September 26, 2000.  At their September 20, 2005 meeting, the Trustees granted extended benefits with a contract extension for the allocation, with 1,200 kW and 384 jobs, through December 31, 2006.  IDDC applied for reinstatement of its full allocation.  At their meeting of January 31, 2006, the Trustees approved partial reinstatement of the allocation, such that through the end of 2006 the allocation was 1,300 kW with 384 jobs.  At their November 28, 2006 meeting, the Trustees extended the allocation through June 30, 2007, with 1,300 kW and 381 jobs.  At their June 26, 2007 meeting, the Trustees extended the allocation through June 30, 2008.  The company will continue to honor all of the terms and commitments of its contract with the Authority.  The company requests that the Trustees approve its name change for contractual purposes.

 

ORC Plastics, a division of Reunion Industries Inc. (‘ORC’), located in Oneida, Madison County, and Phoenix, Oswego County, has been in business since 1964, and manufactures injection-molded plastic products for parts within original equipment, mostly for IBM and Xerox.  The Trustees approved PFJ allocations for the Oneida location, ORC 3, for 400 kW with 78 jobs at their June 26, 2001 meeting and the Phoenix location, ORC Plastics 1, for 125 kW with 53 jobs at their June 26, 2001 meeting.  At their March 29, 2005 meeting, the Trustees extended the PFJ allocations, with ORC 1 having 59 jobs and ORC 3 having 76 jobs, through December 31, 2005.  The Trustees extended the PFJ allocations through December 31, 2006 at their meeting on September 20, 2005.  The Trustees extended the PFJ allocations through June 30, 2007 at their October 24, 2006 meeting.  The allocations were extended through June 30, 2008 at the June 26, 2007 Trustees meeting.  At the October 30, 2007 Trustees meeting, ORC 1’s allocation and employment commitment was adjusted to 100 kW and 46 jobs.  Oneida Molded Plastics, LLC purchased Reunion Industries, Inc.’s assets in March 2006.  The company is moving its workforce and consolidating all production at the Oneida location.  The company requests that the Trustees transfer the Phoenix location allocation, including its employment commitment, to the Oneida location.  The company’s name is now Oneida Molded Plastics, LLC.  At the Oneida location, the company will continue to honor all of the terms and commitments of both its current contracts with the Authority. 

RECOMMENDATION

 

                “The Director – Business Power Allocations, Compliance and Municipal and Cooperative Marketing recommends that the Trustees approve the transfer of power allocations for three existing customers that have changed their names or transferred their allocations for various business reasons, approve the transfer of one customer’s existing allocation to another company and consolidate to an existing facility while maintaining the current business operation and committing to the existing terms of the contracts.

 

“The Executive Vice President, General Counsel and Chief of Staff, the Executive Vice President – Energy Marketing and Corporate Affairs, the Senior Vice President – Marketing and Economic Development and I concur in the recommendation.”

 

The following resolution, as submitted by the President and Chief Executive Officer, was unanimously adopted.

 

                RESOLVED, That the Authority hereby authorizes the transfers of four industrial power allocations in accordance with the terms described in the foregoing report of the President and Chief Executive Officer; and be it further

 


                RESOLVED, That the Chairman, the President and Chief Executive Officer and all other officers of the Authority are, and each of them hereby is, authorized on behalf of the Authority to do any and all things, take any and all actions and execute and deliver any and all agreements, certificates and other documents to effectuate the foregoing resolution, subject to the approval of the form thereof by the Executive Vice President, General Counsel and Chief of Staff. 

 


7.                   Procurement (Services) Contracts – Energy Marketing and Corporate Affairs – Awards

 

The President and Chief Executive Officer submitted the following report:

 

SUMMARY

“The Trustees are requested to approve the award and funding of the procurement contracts listed in Exhibit ‘7-A’ for the Authority’s Energy Marketing and Corporate Affairs (‘EMCA’) Business Unit for terms of up to three or five years, as indicated in Exhibit ‘7-A.’  Approval is requested for four groups of contracts to perform work on:  (1) energy market economics; (2) generation project evaluation and analysis; (3) transmission project evaluation and analysis and (4) a customer satisfaction survey.  Explanations of the bases for the new awards, as well as the types of services expected over the contract terms, are set forth in the discussion below.  Approval for items 1, 2 and 3 is requested for $6 million in the aggregate, the total estimated amount expected to be expended through approximately January 2011, to be released as needed.  For item 4, approval is requested for $222,000 for up to a five-year term.

BACKGROUND

“Section 2879 of the Public Authorities Law and the Authority’s Guidelines for Procurement Contracts require the Trustees’ approval for procurement contracts involving services to be rendered for a period in excess of one year.

“The Authority’s Expenditure Authorization Procedures (‘EAPs’) require the Trustees’ approval for the award of personal services contracts in excess of $1 million if low bidder, or $500,000 if sole source or non-low bidder.

“Since the terms of these contracts will be for more than one year and/or the requested funding will exceed the dollar thresholds that can be authorized by the President and Chief Executive Officer per the EAPs, the Trustees’ approval is required.  These contracts contain provisions allowing the Authority to terminate the services for the Authority’s convenience, without liability other than paying for acceptable services rendered to the effective date of termination.  Approval is also requested for the monies to fund these contracts.  Except as noted, these contract awards do not obligate the Authority to a specific level of personnel resources or expenditures.

DISCUSSION

“As part of meeting the in-city capacity needs of its New York City Governmental Customers (‘NYC Governmental Customers’), the Authority issued ‘Request for Proposals (RFP LTS # 5) to Provide Long-Term Supply of In-City Unforced Capacity and Optional Energy’ (‘Capacity Supply RFP’) on November 8, 2007.  This supply is intended to help meet the expected capacity shortfall following the closure of the Charles Poletti Power Project in 2010. 

“In order to assist with the evaluation of supply proposals received, and support additional initiatives by the EMCA business unit, three Requests for Proposals (‘Consulting RFPs’) were issued on November 26, 2007.  The Consulting RFPs covered: energy supply economic analysis and related work (‘Economic Consulting RFP’), assistance with evaluating transmission proposals and related transmission issues (‘Transmission Consulting RFP’) and assistance with evaluating generation supply proposals, including the development of a benchmark proposal (‘Generation Consulting RFP’).  Multiple contracts were awarded under each of these three RFPs, with an aggregate amount of $6 million in funding requested over terms of up to three years, subject to the Trustees’ subsequent approval.

“The contracts being awarded under the three Consulting RFPs have two objectives.  Initially, they are needed to assist Authority staff in evaluating the proposals received under the Capacity Supply RFP, which sought proposals for up to approximately 500 MW of in-city capacity, along with optional energy, to serve the NYC Governmental Customers.  Capacity Supply RFP bids were received December 20, 2007, with a final recommendation for award to be submitted to the Trustees at their meeting of April 29, 2008.  Due to this compressed schedule, it was important to commence services as soon as possible.  Therefore, the President and Chief Executive Officer authorized award of the 10 contracts listed in Exhibit ‘7-A,’ with effective dates of January 4, 2008 through January 17, 2008, as indicated, in accordance with the Authority’s Guidelines for Procurement Contracts and EAPs, subject to the Trustees’ subsequent approval as soon as practicable.  

“The second objective of the Consulting RFPs was to have a broad range of on-call consulting expertise available to support planned work of the newly organized EMCA business unit.  This group brings together the Energy Services and Technology, Marketing and Economic Development (‘MED’), Supply Planning and Public and Governmental Affairs groups.  Beyond the current Capacity Supply RFP, the group is planning various initiatives, including an integrated resource plan, additional supply initiatives for customers and support of New York State energy policy objectives, as requested, including the Governor’s ‘15 by 15’ Plan.  Additionally, in 2007, MED began developing a new Customer Satisfaction Goal.  To implement the corresponding Customer Satisfaction Measurement, a Customer Satisfaction Survey RFP was issued to seek a highly qualified research firm to conduct customer satisfaction surveys in order to assess and track the nature and level of customer satisfaction with the Authority’s services.  The Customer Satisfaction Survey RFP sought services to develop and administer an initial baseline survey in 2008, with a follow-up survey to measure improvement and assist the Authority in establishing a benchmarking process. 

 

BID EVALUATION AND SELECTION

 

Economic Consulting RFP

 

“The Economic Consulting RFP was sent to 36 potential bidders; nine firms responded with proposals that were reviewed by EMCA managers and staff.

“Based on their review, ICF International, Levitan & Associates, Inc., ScottMadden, Inc. and Quantec LLC were selected as the most qualified candidates for the anticipated work, as supported by the evaluation matrix scores.  Each firm’s proposal was highly responsive to the priorities of the Authority’s RFP and demonstrated familiarity with the Authority’s issues and customer supply concerns.  The proposals confirmed the four firms’ relevant experience with similar work for other utility industry clients and extensive experience in and knowledge of the electric supply marketplaces in New York State and surrounding regions.

 

Generation Consulting RFP

 

“The Generation Consulting RFP was sent to 44 potential bidders; seven firms responded with proposals.  Managers and staff from EMCA, Procurement, Business Services and Power Generation reviewed and evaluated the proposals.

 

“Based on that evaluation, CH2MHill New York, Inc., Shaw Stone & Webster Management Consultants, Inc. and Black & Veatch New York, LLP were selected as the most qualified candidates for the anticipated work.  Each of these firms’ proposals demonstrated substantial relevant experience with similar work for other utility industry clients.  In particular, the proposed teams had extensive experience with power plant design, relevant environmental and permitting experience and excellent qualifications for evaluating third-party generation proposals. 

 

Transmission Consulting RFP

 

“The Transmission Consulting RFP was sent to 37 potential bidders; five firms responded with proposals that were reviewed by managers and staff from Power Generation, EMCA and Procurement. 

 

“Commonwealth Associates Inc. (‘CAI’), Burns and Roe Enterprises, Inc. (‘B&R’) and Siemens Power Transmission & Distribution, Inc. Power Technologies International (‘Siemens PTI’) were selected as the most qualified candidates for the anticipated work.  The proposals established their relevant experience for other utility industry clients.  CAI performed transmission studies for the Authority during the previous capacity RFP and is familiar with network requirements in the New York City metropolitan area and the PJM Interconnection (‘PJM ISO’).  CAI also has the necessary experience with licensing, engineering and design and construction of transmission projects.  B&R has relevant