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5.4. ERMUSR 10-14-2008~i Elk River Municipal Utilities 13069 Orono Parkway • P.O. Box 430 Elk River, MN 55330-0430 September 29, 2008 To: Elk River Municipal Utilities Commission Jerry Takle John Dietz Jerry Gumphrey From: Bryan Adams Subject: All Requirements Power Purchase Agreement Phone: 763.441.2020 Fax: 763.441.8099 Since 1990, Elk River Municipal Utilities and Anoka Electric Company, now Connexus Energy has had an all requirements contract where Connexus Energy through Great River Energy supplies all of our power and energy needs. This agreement included a termination clause allowing either party to give 120 month notice to terminate this agreement. Per the attached letter, Connexus Energy has elected to terminate this agreement to be effective September 30, 2018. This is purely a financial decision on Great River Energy's and Connexus' part. They have indicated they can make more money selling power and energy on the open market than selling it to us. If this is true, this is a strategy to lower costs to their members. Due to the difficulty in constructing new power plant in today's uncertain environment, shedding our load buy's Great River Energy possibly more time to decide what type of generation to build. Also, because Great River Energy's upper management no longer lives and works in Elk River, the community tie is gone. We have the following options: 1) Renegotiate our contract with Great River Energy at a higher rate which they are willing to do. This is possibly the easiest solution but possibly not in Elk River's best interest in the king term. Because we do not have an equity share of Great River Energy we will not have any influence in future rates and rate design. 2) Secure another power and energy contract from another entity such as a municipal power agency, private company like Excel. or another generation and transmission co-op. Availability of power and energy and at what price is unknown. Our long term contract will be used as equity to secure loans to construct the necessary generation and transmission facilities. 3) Join a municipal power agency like MRES, SMMPA or MMPA. Availability of power and energy and at what price is unknown. Our long term contract will be used as equity to secure loans to construct the necessary generation and transmission facilities. 4) Joint purchase a power plant thru say CMMPA. Two projects now under consideration are Big Stone in South Dakota and the Excelsior project in northern Minnesota. These options require a substantial amount of upfront money. New base load power plants costs are in the $2,500 to $3,000/KW range. This option will also require us to secure transmission capacity. 5) Sell the municipal utility to another entity and allow another entity to provide service to Elk River. The upside is the community gets a big infusion of cash from the sale and the downside is you forego all future decisions for infrastructure needs, reliability, customer service, special programs and rates. These are the exact reason Elk River got into the electric utility business in 1945. 6) Buy off the MISCO market which exhibits large price fluxions with possibility of curtailment if access to generation and transmission become difficult. 7) Do nothing for a short time and allow the climate change activities and energy issues to settle on a consistent path. Either way, we are going to need some help feathering thru the options listed above as well as other options I may have missed. There are many consultants available to help us. Dave Berg with R.W. Beck is one that comes to mind because they already do our electric rate studies. He is in the process of preparing a proposal to help us define the options, preliminary costs, risk assessment and timetables. We will also need to define our values in regard to reliability, cost and amount of input we desire to have for rates, rate design and special programs. • ~C^O' NNEXUS® ~...I ~ ~~ Your Community Energy Partner September 8, 2008 Confirmation of Email Sent on September 8, 2008 Bryan Adams General Manager Elk River Municipal Utilities 13069 Orono Parkway Elk River, MN 55330 Subject: All Requirements Contract Termination 14601 Ramsey Boulevard Ramsey, Minnesota 55303 763.323.2600 Fax: 763.323.2603 1.800.642.'1672 www.connexusenergy.com info®connexusenergy.com Dear Bryan: This letter is a follow-up to our discussion on September 2, 2008, regarding the 1990 All Requirements Contract between Elk River Municipal Utilities (ERMU) and Anoka Electric Cooperative (now doing business as Connexus Energy). In accordance with Section 6 of that contract, Connexus Energy is giving notice to terminate the contract effective September 30, 2008. The requirement to give 120-month notice will make the actual termination date September 30, 2018. At that time, all services provided under the contract and all amendments to the contract will cease. As we indicated to you, the primary reason for giving notice is that the price to ERMU under the All Requirements Contract does not reflect the value of power in today's market. We are open to renegotiate the contract with revised pricing prior to the termination date. Please contact me if you have any questions or ideas. Sincerely, R rG ~ r ~'~ Michael Rajala President & CEO By certified mail with return receipt ssasioz~z