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File #: DC-1526    Version: 1
Type: Consent Action Status: Passed
File created: 10/12/2022 In control: Board of Commissioners
On agenda: 11/15/2022 Final action: 11/15/2022
Enactment date: 11/15/2022 Resolution #: 22-495
Title: Authorization To Execute Contract With Xcel Energy For Engineering And Procurement Agreement For Byllesby Dam Energy Sales Interconnection
Sponsors: Environmental Resources

DEPARTMENT: Environmental Resources

FILE TYPE: Consent Action

 

TITLE

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Authorization To Execute Contract With Xcel Energy For Engineering And Procurement Agreement For Byllesby Dam Energy Sales Interconnection

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PURPOSE/ACTION REQUESTED

Authorize to execute a contract with Xcel Energy for engineering and procurement prior to completion of Midcontinent Independent System Operator (MISO) power sales application to start the process for interconnection to Xcel Energy substation.

 

SUMMARY

Dakota County owns the Byllesby Dam and operates the hydroelectric facility under Federal Energy Regulatory Commission (FERC) safety regulations. Since 1987, the County has coordinated dam operations and maintenance with Neshkoro Power Associates (NPA) through a lease agreement. The County Board authorized replacing the NPA’s lease agreement with an operating agreement to provide hydropower operation services at Byllesby Dam by Resolution No. 11-305 (June 21, 2011), beginning May 1, 2011, and running through March 2021. The March 2021 agreement termination date was selected as it was also the expiration date of the Power Purchase Agreement (PPA) between NPA and Xcel Energy for the Byllesby Dam. A new approach was needed for an agreement for power sales. By Resolution No. 20-295 (June 16, 2020), Dakota County authorized submittal of an application with the MISO for sale of energy. A MISO connection would allow the County to sell Byllesby Dam’s power to other utilities in the Midwest or on the one-day-ahead spot energy market.

 

As part of the process, MISO studies determined upgrades are necessary to the system to accept Byllesby onto the grid. These upgrades are not allowed to begin before the completion of the MISO application process, which is still not completed. It has been determined that interconnection to the Xcel Energy substation could take 18 months or more. To expedite this process, an engineering and procurement agreement can be accepted between Dakota County and Xcel Energy for Xcel Energy to start the engineering and purchasing process and further delay interconnection after the MISO application process is complete. The agreement requires a $150,000  deposit to cover estimated engineering and procurement costs, with Xcel Energy reserving the right to request increased deposits to cover costs as necessary. Once the MISO application is approved, this agreement will be replaced with a Generator Interconnection Agreement that will provide for, among other things, the interconnection of the County’s facility to the Cannon Falls Transmission Substation.

 

RECOMMENDATION

recommendation

Staff recommends to execute a contract with Xcel Energy for engineering and procurement agreement for Byllesby Dam energy sales interconnection.

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EXPLANATION OF FISCAL/FTE IMPACTS

Sufficient funds are available in the Byllesby Dam fund balance to cover the fees associated with this agreement.

 

  None              Current budget              Other        

  Amendment Requested                           New FTE(s) requested

 

RESOLUTION

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WHEREAS, Dakota County owns the Byllesby Dam and operates the hydroelectric facility under Federal Energy Regulatory Commission (FERC) safety regulations; and

 

WHEREAS, since 1987, the County has coordinated dam operations and maintenance with Neshkoro Power Associates (NPA) through a lease agreement; and

 

WHEREAS, the County Board authorized replacing the NPA’s lease agreement with an operating agreement to provide hydropower operation services at Byllesby Dam by Resolution No. 11-305 (June 21, 2011), beginning May 1, 2011, and running through March 2021; and

 

WHEREAS, the March 2021 agreement termination date was selected as it was also the expiration date of the Power Purchase Agreement (PPA) between NPA and Xcel Energy for the Byllesby Dam, and a new approach was needed for an agreement for power sales; and

 

WHEREAS, by Resolution No. 20-295 (June 16, 2020), Dakota County authorized submittal of an application with the MISO for sales of energy; and

 

WHEREAS, a Midcontinent Independent System Operator (MISO) connection would allow the County to sell Byllesby Dam’s power to other utilities in the Midwest or on the one-day-ahead spot energy market; and

 

WHEREAS, as part of the process, MISO studies determined upgrades are necessary to the system to accept Byllesby onto the grid; and

 

WHEREAS, these upgrades are not allowed to begin before the completion of the MISO application process, which is still not completed; and

 

WHEREAS, it has been determined that interconnection to the Xcel Energy substation could take 18 months or more; and

 

WHEREAS, to expedite this process, an engineering and procurement agreement can be accepted between Dakota County and Xcel Energy for Xcel Energy to start the engineering and purchasing process and further delay interconnection after the MISO application process is complete; and

 

WHEREAS, the agreement requires a $150,000 deposit to cover estimated engineering and procurement costs, with Xcel Energy reserving the right to request increased deposits to cover costs as necessary; and

 

WHEREAS, once the MISO application is approved, this agreement will be replaced with a Generator Interconnection Agreement that will provide for, among other things, the interconnection of the County’s facility to the Cannon Falls Transmission Substation.

 

NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Environmental Resources Director to execute a contract with Xcel Energy for an engineering and procurement agreement for Byllesby Dam energy sales interconnection, including a minimum $150,000 deposit, subject to approval by the County Attorney’s Office as to form.

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PREVIOUS BOARD ACTION

11-305; 6/21/11

20-295; 6/16/20

 

ATTACHMENTS

Attachment: Engineering and Procurement Agreement

 

BOARD GOALS

   A Great Place to Live                                          A Healthy Environment     

   A Successful Place for Business and Jobs         Excellence in Public Service

 

PUBLIC ENGAGEMENT LEVEL

  Inform and Listen                Discuss                               Involve                               N/A

 

CONTACT

Department Head: Nikki Stewart

Author: Josh Petersen