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Member Agency Purchases of
Water Authority-owned supplies from the
     Carlsbad Desalination Project


      Special Board of Directors’ Meeting
                July 12, 2012
Background
Member agencies interested in sharing in the
full cost of the Carlsbad project in exchange
for a local water supply
     Several former Desal Partner agencies
      expressed interest during discussions
      preceding approval of Water
      Authority/Poseidon Term Sheet in July
      2010

     Guiding principles approved by the Board
      in June 2011

     Guiding principles modified by the Board in
      October 2011 to reduce the time allowed
      to 60 days from public release of the draft
      water purchase agreement for member
      agencies to notify the Water Authority of
      their intent to purchase desalinated water




                                                    2
Member Agency Purchase – Guiding Principles
             October 2011
 Requires separate purchase contract between member
  agency and the Water Authority
    Board consideration and approval

 Requires full cost recovery pricing
    Same cost responsibility and risk profile as Water Authority
    Reduces Water Authority revenue requirement and lessens
     impact on rates and charges

 Requires commitment to purchase a fixed annual
  amount
    One-time determination for fixed term equal to WPA term
    Decision within 60 days from release of final draft agreement

                                                                     3
Member Agency Purchase – Guiding Principles
 Purchase limits
    Max. of 49% of the total expected annual
     supply
    Majority of benefits accrue to the region

 A separate administration fee will be
  imposed

 Local water purchased treated as a local
  supply under Water Shortage
  Management and Drought Response Plan




                                                 4
Member Agency Purchase – Guiding Principles
 Purchased local water will not be included in the calculation
  of the Storage Charge (Highly reliable supply)
    Offsets a need for emergency/carryover storage

 Purchased local water will be delivered in a similar manner
  to other Water Authority deliveries to member agency

 Purchased water is not eligible for Water Authority local
  supply incentives
    Purchase price will be reduced by MWD subsidy, if obtained
 A reduced cost to the Water Authority from grant funding
  will reduce member agency’s purchase price

                                                                  5
Member Agency Purchase – Guiding Principles

 Application limited solely to
  Carlsbad Desalination Project

   Unique circumstance – shifted from
    member agency sponsored to Water
    Authority sponsored project

   Requires regional economies of scale
    to implement

   Not establishing a precedent for
    purchase of other existing or future
    Water Authority supplies




                                              6
Member Agency Purchase – Guiding Principles
    What has changed since approval?
 Originally,
   A single water purchase contract / single bond issue for the
    plant and the pipeline
   Fixed annual purchase amount

 Now,
   Water purchase agreement for supply purchase
   Separate agreement for conveyance pipeline construction
   2 bond issues; 1 for the plant and 1 for the pipeline (bonded
    by the Water Authority)
   Minimum and maximum annual purchase amounts


                                                                    7
Key Contract Issues/Concerns
 Determination of member agency annual contracted quantity

   Carlsbad limited to 10,000 AFY per agreement approved Sept. 2011

   Annual contracted quantity will be delivered in monthly amounts
    determined at contract execution

   Similar to Water Authority Minimum and Maximum amount, member
    agency access to lower cost of surplus water above 48 TAF

   Annual contracted quantity will be prorated for Uncontrollable
    circumstances, default, breach, etc.
     Example: If Poseidon fails to deliver minimum or maximum, member agency
      will be treated the same as Water Authority


                                                                        8
Project Risk Allocation

 Risk Description                                                                  Poseidon             Water Authority

Construction Risk – that facility is not completed on time, on cost and
                                                                                       X
according to design standards

Permitting Risk – that current permit and environmental mitigation
                                                                                       X
requirements increase

Change in Law Risk – that future unanticipated laws or regulations
                                                                                       X                        X
increase operating costs

Technology Risk – that the plant technology does not perform as
                                                                                       X
expected

Output Risk – that the plant produces less than the projected volume of
                                                                                       X
water

Operating Margin Risk – that the price of water is not adequate to
                                                                                      X                        X
generate enough revenue to pay expenditures or may increase more
                                                                                 (Budget Cap)           (Subject to CPI)
than projected

Pipeline Operating Risk – the Pipeline connecting the Plant to the
regional aqueduct system and appurtenant facilities transport                          X                        X
acceptable water to Water Authority wholesale customers

                                                                                         X                       X
Electricity – the cost of electricity is accounted for in the water price
                                                                            (Electricity Consumption)   (Electricity Price)




                                                                                                                              9
54”




10

           10
Key Contract Issues/Concerns
 Member Agencies pay full cost recovery
 Unit Price for contracted quantity
     Local Supply Development – Full contract cost recovery
         Plant: Poseidon’s fixed and variable unit production costs
         Pipeline: Water Authority bonded pipeline costs
         TOVWTP inefficiencies (due to desalinated water production)
    +
     Transportation – Shared through Water Authority rates
         Upgrades to existing facilities
            Pipeline 3 Relining costs
            TOVWTP improvements costs
         Similar to improvements made to other existing facilities
    +
        Administration charge (assessed annually)
                                                                        11
Member Agency Purchase – Details to be addressed

 Member agency access to supplemental water above 48,000 AFY
     Lower cost water available on a pro-rata basis

 Ensure no double-charging
 Maintain flexibility in operating the aqueduct system




                                                          12
Member Agency Purchase - Next Steps

 Schedule member agency meeting to discuss
  draft contract
 Obtain member agency input
 Provide draft contract for member agency
  review




                                              13
Questions?

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Member Agency Purchases of Water Authority-owned Supplies - Carlsbad

  • 1. Member Agency Purchases of Water Authority-owned supplies from the Carlsbad Desalination Project Special Board of Directors’ Meeting July 12, 2012
  • 2. Background Member agencies interested in sharing in the full cost of the Carlsbad project in exchange for a local water supply  Several former Desal Partner agencies expressed interest during discussions preceding approval of Water Authority/Poseidon Term Sheet in July 2010  Guiding principles approved by the Board in June 2011  Guiding principles modified by the Board in October 2011 to reduce the time allowed to 60 days from public release of the draft water purchase agreement for member agencies to notify the Water Authority of their intent to purchase desalinated water 2
  • 3. Member Agency Purchase – Guiding Principles October 2011  Requires separate purchase contract between member agency and the Water Authority  Board consideration and approval  Requires full cost recovery pricing  Same cost responsibility and risk profile as Water Authority  Reduces Water Authority revenue requirement and lessens impact on rates and charges  Requires commitment to purchase a fixed annual amount  One-time determination for fixed term equal to WPA term  Decision within 60 days from release of final draft agreement 3
  • 4. Member Agency Purchase – Guiding Principles  Purchase limits  Max. of 49% of the total expected annual supply  Majority of benefits accrue to the region  A separate administration fee will be imposed  Local water purchased treated as a local supply under Water Shortage Management and Drought Response Plan 4
  • 5. Member Agency Purchase – Guiding Principles  Purchased local water will not be included in the calculation of the Storage Charge (Highly reliable supply)  Offsets a need for emergency/carryover storage  Purchased local water will be delivered in a similar manner to other Water Authority deliveries to member agency  Purchased water is not eligible for Water Authority local supply incentives  Purchase price will be reduced by MWD subsidy, if obtained  A reduced cost to the Water Authority from grant funding will reduce member agency’s purchase price 5
  • 6. Member Agency Purchase – Guiding Principles  Application limited solely to Carlsbad Desalination Project  Unique circumstance – shifted from member agency sponsored to Water Authority sponsored project  Requires regional economies of scale to implement  Not establishing a precedent for purchase of other existing or future Water Authority supplies 6
  • 7. Member Agency Purchase – Guiding Principles What has changed since approval?  Originally,  A single water purchase contract / single bond issue for the plant and the pipeline  Fixed annual purchase amount  Now,  Water purchase agreement for supply purchase  Separate agreement for conveyance pipeline construction  2 bond issues; 1 for the plant and 1 for the pipeline (bonded by the Water Authority)  Minimum and maximum annual purchase amounts 7
  • 8. Key Contract Issues/Concerns  Determination of member agency annual contracted quantity  Carlsbad limited to 10,000 AFY per agreement approved Sept. 2011  Annual contracted quantity will be delivered in monthly amounts determined at contract execution  Similar to Water Authority Minimum and Maximum amount, member agency access to lower cost of surplus water above 48 TAF  Annual contracted quantity will be prorated for Uncontrollable circumstances, default, breach, etc.  Example: If Poseidon fails to deliver minimum or maximum, member agency will be treated the same as Water Authority 8
  • 9. Project Risk Allocation Risk Description Poseidon Water Authority Construction Risk – that facility is not completed on time, on cost and X according to design standards Permitting Risk – that current permit and environmental mitigation X requirements increase Change in Law Risk – that future unanticipated laws or regulations X X increase operating costs Technology Risk – that the plant technology does not perform as X expected Output Risk – that the plant produces less than the projected volume of X water Operating Margin Risk – that the price of water is not adequate to X X generate enough revenue to pay expenditures or may increase more (Budget Cap) (Subject to CPI) than projected Pipeline Operating Risk – the Pipeline connecting the Plant to the regional aqueduct system and appurtenant facilities transport X X acceptable water to Water Authority wholesale customers X X Electricity – the cost of electricity is accounted for in the water price (Electricity Consumption) (Electricity Price) 9
  • 10. 54” 10 10
  • 11. Key Contract Issues/Concerns  Member Agencies pay full cost recovery  Unit Price for contracted quantity  Local Supply Development – Full contract cost recovery  Plant: Poseidon’s fixed and variable unit production costs  Pipeline: Water Authority bonded pipeline costs  TOVWTP inefficiencies (due to desalinated water production) +  Transportation – Shared through Water Authority rates  Upgrades to existing facilities  Pipeline 3 Relining costs  TOVWTP improvements costs  Similar to improvements made to other existing facilities +  Administration charge (assessed annually) 11
  • 12. Member Agency Purchase – Details to be addressed  Member agency access to supplemental water above 48,000 AFY  Lower cost water available on a pro-rata basis  Ensure no double-charging  Maintain flexibility in operating the aqueduct system 12
  • 13. Member Agency Purchase - Next Steps  Schedule member agency meeting to discuss draft contract  Obtain member agency input  Provide draft contract for member agency review 13