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Town of Indian River Shores – City of Vero Beach – Indian River County <br />Electric Utilities Mediation Page 2 <br />May 1, 2015 <br />2. UPDATE ON MEDIATION PROGRESS SINCE THE DECEMBER 17, 2015 <br />MEETING <br /> <br />Mediator Alvarez asked the parties to give a brief synopsis on what has taken place since the <br />December 17, 2014 Mediation and their stance at the present time. <br /> <br />City Of Vero Beach <br /> <br />Robert Scheffel “Schef” Wright, the City’s Outside Counsel had engaged in talks with the <br />Florida Municipal Power Agency (FMPA), Florida Power & Light (FPL) and the Orlando <br />Utilities Commission (OUC) with the intention to reduce the costs under the FMPA contracts <br />and noted there was little response. He added there was a conversation regarding the prospect <br />for closing the FPL transaction; however, without someone to take assignment of the FMPA <br />Power Supply Contract, there was no real possibility of the transaction going forward. He <br />explained that FMPA and OUC reached an impasse, in which they determined OUC could not <br />accept the City of Vero Beach requirements under the FMPA contracts without violating its bond <br />covenants and the FMPA would not change its bond covenant. <br /> <br />Attorney Wright mentioned that the City’s rate study was under way and the consultants deemed <br />the overall cost level, revenue and rate levels on target as for now. He said the System <br />Optimization Study was being done by Power Services on various stage dates, with the last <br />deliverable due in November 2015. <br /> <br />Attorney Wright highlighted the City’s efforts to reduce the power supply costs, which represent <br />roughly 73% of the total costs to service. He continued that the majority of the cost was paid to <br />the FMPA with the remaining balance to OUC pursuant to the Power Purchase Agreements and <br />Project contract the City entered into in 2008. He added the City paid $4 million a year to keep <br />the existing Power Plant operational in order to maintain reserve obligations to the Florida <br />Reliability Coordinating Council, the entity that organizes and ensures the reliability of the grid. <br /> <br />Attorney Wright focused on the latest new and improved OUC offer in which they agreed to let <br />the City modify the billing demand used to calculate the payment, for a savings of $1.1 to $1.2 <br />million per year, plus an additional discount of $500,000 each year until the year 2018. <br />Additionally, as part of their due diligence, the City continues to evaluate the Florida power <br />supply and energy markets. <br /> <br />Attorney Wright revealed two scenarios and emphasized there were risks either way: <br /> <br />1. Take the OUC contract offer valid until the year 2023, that would reduce the City’s <br />demand charges and reduce costs over a period of five years. <br /> <br />2. Terminate the OUC contract and go to the market. According to an analysis by Bill <br />Herrington, he indicated a savings of $32 million at present value through the analysis <br />period which was either the year 2023 or 2029. <br />