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HomeMy WebLinkAbout2012-11-01 RMLD Board of Commissioners Minutes Reading Municipal Light Board of Commissioners Regular Session 230 Ash Street Reading,MA 01867 November 1,2012 Start Time of Regular Session: 7:37 p.m. End Time of Regular Session: 9:48 p.m. Commissioners: Philip B.Pacino,Chairman Gina Snyder,Vice Chair Robert Soli,Commissioner Morale West,Commissioner,Secretary John Stempeck,Commissioner Staff: Vinnie Cameron,General Manager-Absent Beth Ellen Antonia,Human Resources Manager Jared Carpenter,Energy Efficiency Engineer Jeanne Fall,Executive Assistant Robert Fournier,Accounting/Business Manager Jane Pareateau,Energy Services Manager David Polson,Facilities Manager William Seldom,Senior Energy Analyst Kevin Sullivan,Engineering and Operations Manager Citizens'Advisory Board: George Hooper,Vice Chairman Re dine Climate Advisory COMM_ (CACI: Joan Boegel,Chair Michele Benson,Member Ron D'Addario,Member David Williams,Member Guest: Helen Aid,LEED,AP,Energy Services Coordinator Opening Remarks/Approval of Meeting Agenda Chairman Pacino called the meeting to order and stated that the meeting was being videotaped. Chairman Pacino commended the Department on behalf of the Board on its storm response. Chairman Pacino reported that the Report of the General Manager Search Committee will be taken out of order. Report of Board Committees General Manager Search Committee—Chairman Pacino Chairman Pacino thanked Mr. Hooper,Ms. West and Ms. Antonio for serving on the General Manager Search Committee. He reported that the committee reviewed 19 applications, narrowed them down to 8 applicants, after future review 5 candidates were selected for interviews. Based on the level of experience in engineering and operations, power supply, human resources,purchasing, customer service and demonstrated management skill they are recommending a single finalist be interviewed by the Commission. Pending notification to all the candidates, the name will be provided to the Commissioners. The RMLD Bound will set up an interview date and vole on the finalist on Wednesday,November 7, 2012 pending confirmation. The interview will be in open session and the CAB is welcome to attend this meeting. Introductions Mr.Hooper mentioned that his Town Manager wanted the RMLD to know what an outstanding job they performed on storm response. A couple of poles on Route 129 taken down by trees were quickly repaired and assistance was provided for town buildings. Mr.D'Addwio thanked the RMLD for thew outstanding response M a transformer that blew out and the crew that repaired it in the midst of the storm, restoring electricity within an how and a half. Chairman Pacino noted that RMLD received numerous complimentary letters regarding customer service during the storm and added that the informational outage updates on RMLD's website worked very well. © Presentations Local Energy Action Program—Helen Aki,LEED,AP,Energy Services Coordinator(Attachment p Metropolitan Area Planning Council(MAPC) Ms.Aki presented a Local Energy Action Program Overview(Reading,North Reading,Lynnfield and Wilmington). Regular Session Meeting Minutes 2 November 1,2012 Presentations Local Energy Action Program—Helen AM,LIKED,AP,Energy Services Coordinator(Attachment 1) Metropolitan Area Planning Council(MAPC) Items covered included Metropolitan Area Planning Council (MAPC) overview, Local Energy Action Program (LEAP) background with municipal energy data and planning, MIT student research projects, municipal solar and LEDs as well as programs for residents and businesses. Energy star ratings and benchmarking for municipal buildings were discussed. RMLD is the only municipality in the state partnering to perform this type of work in this program. On November 14,a program is planned to educate customers who heat with oil to become more efficient for business awards and has presented one award under that program this year. The workshop series is sponsored by RMLD and a grant from the Metropolitan Area Planning Council (MAPC),along with Reading,North Reading,Lynnfield and Wilmington Local Energy Action Programs(LEAP). Reading Climate Advisory Committee(CAC) is coordinating with the RMLD to develop a program for business awards and it has presented one award under that program this year. Chairman Patron acknowledged the members present from CAC. Ms. Boegel said that the CAC has had conversations with Ms. Aid to see how their action plan will mesh with the LEAP program. They are interested in updating their 2007 metrics for greenhouse gas emissions to 2012. Ms. Snyder is interested in providing RUILD customers with energy usage comparison data, similar to the approach used by National Grid presented to the Board by Mr.D'Addario at a previous meeting. Chairman Pacino noted that W. Cameron is not present since he is attending a Northeast Public Power Association meeting in Schenectady,New York. November 2012—Jared Carpenter Update of activity related to Conservation Programs Mr.Carpenter presented the November 2012 update of the RMLD Energy Conservation Program. Topics addressed were the renewable energy update,American Public Power Association(APPA) Customer Connection Conference and RMLD wate� heater program. Mr. Stempeck asked if electricity consumed onsite for solar programs does it have to go through the distribution system to be counted. Mr. Carpenter responded that some projects are customer owned; they are wired directly into their facility for electric consumption onsite. Additionally, there are 2 owner installed rooftop projects in construction that will provide owners with a five to seven year payback. RMLD has a purchase power agreement for the solar energy produced. The owner receives a rent check and the power purchased by RMLD put on the grid. One of RMLD's commercial customers, Teradyne,has a large solar army that will come online in December and could be towed by interested Commissioners. Mr. Carpenter attended the APPA Customer Connection Conference, where there was discussion on the AMI and AMR meters and the benefits of the data that they provide. Mr. Stempeck asked if the smart meters provide the technology to give instantaneous information to the RMLD in outage situations. Mr. Carpenter responded the new water heater meters can detect outages,but he deferred to Mr.Sullivan on the smart meter capabilities. Ms. Snyder questioned if the RMLD reports to the DOR about the water heater replacement project. Mr. Carpenter responded that the RMLD provides them with a quarterly report. The DOR has been pleased with the progress and RMLD is the only non investor owned utility working on this endeavor. Secretary for Meeting,Commissioner West Approval of October 1,2012 Board Minutes Ms.Snyder made a motion seconded by Mr. Stempeck that the RMLD Board of Commissioners approve the Regular Session meeting minutes of October 1,2012 with the changes presented by Mr.Soli. Motion carried 5:0:0. Power Supply Report—September 2012—Ms.Pareateau(Attachment 2) Ms. Parenteau presented the September power supply report provided in the Commissioner packets covering power supply changes, energy cost, fuel charges and collections, fuel reserve balance, spot market purchases,capacity costs and demand. She provided an update on conservation services provided and savings achieved. Regular Session Meeting Minutes 3 November 1,2012 Power Supply Report—September 2012—Ms.Parentean(Attachment 2) Concord Steam Amendment Concord Steam has requested that RMLD sign an amendment to thein purchase power agreement to extend the commercial operation date from December 31,2013 to September 30,2014 so they can receive financing. Mr. Soli suggested that future agendas should indicate when a vote may be taken. Mr. Soli asked about the repercussion of not signing the amendment and Ms.Partmeau replied that the project may not go forward. Ms. West made a motion seconded by Ms. Snyder that the Reading Municipal Light Department (RMLD) Board of Commissioners authorizes the General Manager of the RMLD to finalize negotiations and execute Amendment 41 to the Unit Contingent Power Contract between Reading Municipal Light Department and Concord Power and Steam,LLC. Motion carried 4:0:1. Mr.Sall abstained. Sustainable Energy Policy At the last Board meeting,the Commissioners requested that the Department bring a Sustainable Energy Policy to the Board. Mr. Soli pointed out that them was a policy tabled from a previous meeting,therefore that policy should be considered now. That policy also included reporting on the value of renewable energy certificates(RECs). Ms. Snyder pointed out that the tabled policy was a Renewable Energy Policy so it was different. The Commissioners discussed reporting RECs in the financials for RMLD, but it was noted that there are no accounting standards developed yet. Monthly reporting to the Commissioners was requested, but the arcual reporting requirements should he determined by the auditors. Ms.West suggested that Table 4 of the Purchase Power Summary report show the percentage of renewable resources in the future. Chairman Pacino requested a snapshot of REC values be included in the Energy Services monthly report. ® Commissioners suggested changes to the policy to align with the Commissioners responsibilities and reflect the recent restructuring of committees: H.Responsibilities Item A: Add"Board of and"ers"to Commission,eliminate Item A.2.;delete B,RMLD Power&Rate Committee,B.I.will become Item A.2. H.Responsibilities Item B: B.will become"General Manager'section. Item D. Eliminate Energy Services Division. HI.Policy Elements Item B changes:"2015"and replace it with"June 30,2013" Delete every three years and change it to"annually as needed." Item D change: Delete"ratepayer"and add"customers" HL Policy Elements Item F add: The General Manager will report monthly on the composition and estimated value of my banked and projected Renewable Energy Certificates. Chairman Pacino asked for Mr.Hooper Is input and he responded that the Board knows the CAB's position on this issue. Ms. West made a motion seconded by Mr. Stempeck to approve the Sustainable Energy Policy as amended through discussion. Chairman Pacino said that he wanted a roll call vote. Motion carried by a roll call: Mr.Soli,Abstain;Ms.Snyder,Abstain;Ms.West,For;Mr.Stempeck,For;Chairman Pacino,For, Motion carried 3:2:0. Mr.Soli and Ms.Snyder abstained. Engineering and Operations Report—September 2012—Mr.Sullivan(Attachment 3) ssioner packet covering the monthly capital projects, an update on Mr. Sullivan presented the report included in the Commi the metering project and reliability reporting. There have been 45 cutouts replaced in total for the year. He noted that the money spent on storm trouble is attributable to the storm on September 18. Regular Session Meeting Minutes 4 November 1,2012 Engineering and Operations Report—September 2012—Mr.Sullivan(Attachment 3) Mr. Sullivan reported that this storm adversely affected the reliability reporting(CAIDI)due to the storm and coming off of 2011 low rolling average. The September 18 storm resulted in a tree breaking two poles tearing down everything in between with 2,100 customers affected when RMLD had to take the circuit out. Mr. Sullivan stated that there were no faulted transfomrem during the month of September. Hurricane Sandy Mr. Sullivan reported on Hurricane Sandy. RMLD planning started on Thursday with calls for additional tree crews and electricians. All routine work was redirected into storm preparation with tree trimming and hazard assessments on Friday and Saturday to mitigate outage risks. RMLD line and pole damage in the storm was caused by falling trees and limbs. During the storm, system wide, the RMLD had 5,000 customers out of service. There were 25 broken poles which were addressed temporarily to aid in quick service restoration to a broad number of customers and there were 100 single services to be addressed. By Monday evening, 2,000 customers remained without power, by Tuesday evening, only 300 customers were left and by Wednesday evening all but one customer(requiring significant work) were restored. Mr. Sullivan thanked all RMLD employees who had responsibility during the storm. Line,engineering,meter and station departments braved howling winds to move limbs and downed trees with the goal of restoring power. Customer service and dispatching staff kept the public informed and the crews coordinated,as well as staff which stood by downed wires,procured food and repaired trucks. Mr. Sullivan thanked all for a job well done in the name of customer service. In addition, thanks extended to crews from Braintree, Wakefield and Rowley, as well as contractors Hawkeye and Fischbach & Moore that assisted in the restoration efforts. Mr.Stempeck noted that reliability programs,sustainability of the service area,tree trimming efforts and separators aid in the reliability of the system and asked where further efforts are required. Mr. Sullivan responded tree trimming always. The Board extended its appreciation and thanks to the staff for a great job. Financial Report—September 2012—Mr.Fournier(Attachment 4) Mr. Fournier presented the financial report included in the Commissioner packet including net income, expenses and revenues. Yew to date kilowatthour sales were 208,000,000 kilowatt hours sold which is 6.3 million kilowatt hours or 3.10• ahead of last year's actual figure. Ms. West asked the contributing factors to the Operating and Maintenance expenses being under budget by 15.50. Mr. Fournier responded that it is likely due to timing or the split between operating and capital expenses. General Discussion Account Payable Signatures(Attachment 5) Chairman Pacino asked Mr.Fournier to provide a synopsis of the controls in place at the RMLD for bill paying. The current process when an employee needs to purchase an item is: • Employee fills out a Requisition which is then approved by. o Employee's supervisor o Division Manager o General Manager o Materials Manager • Purchase Order is created from approved Requisition • Goods are ordered • When goods are received they are signed off by the supervisor of the requesting employee • Invoice is checked m ensure it matches to the Purchase Order by: o Accounting o Purchasing • Invoices are reviewed and signed by: o Departmental Managers o Materials Manager(depending on type of purchase being made) o General Manager • 3 Commissioners review invoices and purchase orders of all payables and sign the Account Payable Warrant • Account Payable Warrant goes to the Town Hall for invoice review and signature by Town Accountant Chairnam Pacino asked if this process is reviewed in the audit process. Mr. Fournier responded that over fifty invoices aro randomly selected for review as part of the audit. Any deficiencies with internal controls would be identified by the auditors. Regular Session Meeting Minutes 5 November 1,2012 ® Cenral Discussion Account Payable Signatures(Attachment 5) Chairman Pacino stated that there are extensive Department controls in place so it is redundant to require 3 Commissioners to review invoices and sign the Warrant. Chairman Pacino noted that Payroll takes one person to sign and this appears to be a larger area of risk. Mr. Stempeck said the current process as outlined is comprehensive with multiple checks and is tested by an independent auditor,so he does not understand why it is required. Mr. Soli added that as a member of the Audit Committee,he and Mr. Fourier meet with the Town Accountant a couple of times a year and some questions are about records at RMLD. The Town Accountant will sometimes review an invoice. At the NEPPA Conference he polled a couple of the General Managers: one GM signs solely while another signs along with one Commissioner. Munis are not consistent on thein payables review process. The RMLD Policy Committee had suggested going to the Attorney General's office for an opinion. Ms. West noted that Mr. Cameron has previously surveyed other municipals on this issue and responses were split around 60/40 for single or multiple Commissioner sign-off with several only using the GM. An opinion from the Attorney General may impact other municipals as well. The documents referenced on this issue are extremely dated related to the last time this was raised at Town Meeting in 1999. The Rubin and Rudman opinion provided to Mr.Cameron indicates that a majority of Commissioners where not required to sign. Ms.West commented that the Town Manager believes a majority of the Commissioners most sign the Warrant based on the Town Charter but noted that the RMLD is the responsibility of the Board of Commissioners. The Charter mentions a majority of the Commissioners in some sections of the Charter but not in all. The sentence that speaks to payables and payroll does not require a majority and the process for many years has been to have a single Commissioner signature on the payroll,so a change to the payables should not be in conflict with the Charter. Ms.West said that this is a policy decision by the Commissioners and does not need to go back for additional legal counsel. Mr. Stempeck agreed with Ms. West, noting that where there is no consistency between municipalities,this is an indicator that there is no legal issue. Ms. West made a motion seconded by Mr. Stempeck that the RMLD Board of Commissioners designates a single ® Commissioner to sign the Account Payable Warrant representing the full Commission effective November 1,2012. Motion carried 5:0:0. Chairman Pacino extended his condolences to RMLD retired employee Bruce Gustafson that passed away recently. BOARD MATERIAL AVAILABLE BUT NOT DISCUSSED Rate Comparisons,October 2012,E-Mail responses to Account Payable/Psyron Questions RMLD Board Meetinas Wednesday,November 7,2012—RMLD Board Meeting—Interview Meeting Wednesday,November 25,2012 and Wednesday,December 26,2012 Regularly Scheduled Meetings: Fourth Wednesdays of the Month As Needed Basis Meetings: Third Wednesdays of the Month Subsetment Town Meeting Tuesday,November 13,2012 Citizens' Advisory Board Meeting If warranted: Wednesday, November 7, 2012 and Wednesday, December 5, 2012 , Wednesday, April 3, 2013 and Wednesday,April 10,2013 Adjournment At 9:48 p.m.made Mr.Stempeck made a motion seconded by Ms.West to adjourn the Regular Session. Motion carried 5:0:0. A true copy of the RMLD Board of Commissioners minutes ® as approved by a majority of the Commission. 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Aow 01 © 2 ƒ � \ ` 2 � k � CA C1 q \ � \ kk l ) ƒ a0 — � / U / \ to to \ 4 \ § ./ > \ \ f ƒ .§ \ � 220 § § 2 / \ § t — aojAa 7 f § k \ i ] U _ 5m r § § •g \ @ ƒ j / 2 / 2 2 \ \ k § ( ƒ § ] I Cd § B . § � \§ \ \ � \ \ \ l. & > q o # , § § \ \ \ k \ ) 3f / ® 05a ? § � to ( \ 0 \\ kk @ \ d° c \ � § � m • / g g § & K 2 o § § wo § k / § >� m § = = = u � } 2Oe = o3 � aweo = 82 § � � To: Vincent Cameron From: Energy Services Date: October 19, 2012 Subject: Purchase Power Summary— September, 2012 Energy Services Division (ESD) has completed the Purchase Power Summary for the month of September, 2012. ENERGY The RMLD's total metered load for the month was 58,537,450 kwh, which is a 3.84% decrease from the September, 2011 figures. Table 1 is a breakdown by source of the energy purchases. • TABLE i Amount of Cost of %of Total Total$ $as a Resource Energy Energy Energy Costs % (kWh) ($/Mwh) Millstone p3 3,518,286 $6.99 6.00% $24,584 0.93% Seabrook 2234,428 $8.12 3.81% $18,153 0.69% Stonybrook Intermediate 1,036,682 $50.59 177% $52,450 1.98% JP Morgan 6,282.400 $56.30 10.71% $353.703 13.37% NextEra 10.239,000 $43.91 17.46% $449,613 16.99% NYPA 1.631,959 $4.92 2.76% $8,029 0.30% ISO Interchange 13,869,230 $40.95 23,65% $567,960 21.46% NEMA Congestion 0 $0.00 0.00% -$4,591 -0.17% Coop Resales 96.061 $131.87 0.16% $12.667 0.48% MacOuarie 18.656,000 $57.48 31.82% $1,072,399 40.52% Summit Hydro 279,494 $3.836.93 048% $15,776 0.60% Braintree Watson Unit 254,353 $59.61 043% $15,163 0.57% Swift River Projects 436.206 $98.62 0.74% $43,020 1.63% Stonybrook Peaking 99,377 $174.91 0.17% $17,382 0.66% Monthly Total 58,633.476 $45.13 100.00% $2,646,309 100.00% ATTACHMENT 2 Table 2 breaks down the ISO interchange between the DA LMP Settlement and the RT • Net Energy for the month of September, 2012. Table 2 Amount Cost % of Total Resource of Energy of Energy Energy (kWh) ($lMwh) ISO DA LMP13,494,119 39.76 23.01% Settlement RT Net Energy" 375,111 83.63 0.64% Settlement ISO Interchange 13,869,230 40.95 23.65% (subtotal) Independent System Operator nay-Ahead Locational Marginal Price "Real Time Net Energy CAPACITY The RMLD hit a demand of 129,569 kW, which occurred on September 7, 2012 at 5 pm. • The RMLD's monthly UCAP requirement for September, 2012 was 210,645 kWs. Table 3 shows the sources of capacity that the RMLD utilized to meet its requirements. Table 3 Source Amount(kWs) Cost(IINW-month) Total Cost$ %of Total Coal Millstone#3 4,991 51.68 $257,959 16.74% Seabrook 7,742 51.02 $394,961 25.63% Stonybrook Peaking 24,981 2.00 $49,922 3.24% Stonybrook CC 42,925 3.85 $165,455 10.74% NYPA 4,019 3.57 $14,347 0.93% Hydro Quebec 4,584 4.29 $19,668 1.28% Nextera 60,000 5.50 $330,000 21.42% Braintree Watson Unit 10,520 10.57 $111,187 7.22% ISO-NE Supply Auction 50,883 3.88 $197,324 12.81% Total 210,645 $7.31 $1,540,823 100.00% • ® Table 4 shows the dollar amounts for energy and capacity per source. Table 4 Cost of %of Amt of Energy Power Resource Energy Capacity Total cost Total Cost (kWh) ($/kWh) Millstone a3 $24,584 $257,959 $282,543 6.75% 3,518,286 0.0803 Seabrook $18.153 $394,961 $413.115 9.87% 2,234,428 0.1849 Stonybrook Intermediate $52,450 $165,455 $217,905 5.20% 1,036,682 0.2102 Hydra Quebec $0 $19.668 $19,668 0.47% - 0.0000 JP Morgan $353,703 $0 $353,703 8.45% 6,282,400 0.0563 NextEra $449.613 $330,000 $779.613 18.62% 10,239,000 0.0761 s NYPA $8,029 $14,347 $22.376 0.53% 1,631.959 0.0137 ISO Interchange 5567,960 $197.324 $765185 18.28% 13,869.230 0.0552 Nemo Congestion -$4,591 $0 44,591 -0.11% - 0.0000 MacQuarie $1,072,399 $0 $1,072,399 25.61% 18,656,000 0.0575 Summit Hydro $15.776 $0 $15,776 0.38% 279,494 0.0564 Braintree Watson Unit $15.163 $111,187 $126,349 3.02% 254,353 04967 y Swift River Projects $43,020 $0 $43,020 1.03% 436.206 0.0966 Coop Resales $12.667 $0 $12,667 0.30% 96,061 0.1319 Stonybrook Peaking $17,382 $49,922 $67,304 1,61% 99,377 0.6773 Monthly Total $2,646,309 $1,540,823 $4,187,132 100.00% 58,633.476 0.0714 Renewable Resources • TRANSMISSION The RMLD's total transmission costs for the month of September were $979,543. This is a decrease of 8.07% from the August transmission cost of$1,065,565. In September, 2011 the transmission cost were$778,431. Table 5 Current Month Last Month Last Year Peak Demand(kW) 129.569 153,945 124,448 Energy(kWh) 58,633,476 75,020,822 60.207,277 Energy($] $2,646,309 $3,578,611 $2,914,869 Capacity(S) $1.540,823 $1,520.844 $1024,726 Transmission($) $979,543 $1,065.565 $778,431 Total $5,166,675 $6,165,020 $5,118.027 ! � ! ! ! | " ! a # e . ! \/ \ ` Q \ 1 ITI - ! • � � ! ! } } } \ } Z } ;| \ l Rena , § . • READING MUNICIPAL LIGHT DEPARTMENT To: Vinnie Cameron Date: October 19, 2012 From: Jane Parenteau William Seldon Subject: Concord Steam Contract Amendment Concord Steam has provided an Amendment #1 to the Unit Contingent Power Contract between Reading Municipal Light Department and Concord Power and Steam, LLC. The major component of the Amendment is to grant Concord Power and Steam, LLC an extension of the Commercial Operation Date (COD) from December 31, 2013 to September 30, 2014. RMLD has negotiated a revenue credit as part of the ® Amendment. As a project update, Concord Power and Steam, LLC has signed with an investor/construction company who is in the process of funding the project and ordering all of the major equipment. The bank is requesting an extension of the COD; however, Concord Steam continues to target the end of 2013 as the start date. It is our recommendation that RMLD sign the amendment. • Revision No. I RMLD Policy No, Effective Date Review Date Sustainable Energy Policv General Manager DRAFT Per Board Vote Chairman/Date I. PURPOSE A. To develop a practical approach to addressing the need for sustainable energy alternatives that are energy efficient while simultaneously balancing power supply costs. B. To establish general guidelines that promote practical, cost efficient sustainable energy alternatives. II. RESPONSIBILITIES A. RMLD Commission 1. Responsible for approving this policy. 2. Representation for the Board of Commissioners is governed by RMLD Policy#19 as revised. B. RMLD Power& Rate Committee 1. Review all RMLD recommended sustainable energy alternatives and ensure that they meet the policy guidelines. C. General Manager 1. Responsible for implementing this policy. D. Energy Services Division 1. Responsible for assisting the General Manager in implementing this policy and associated activities. 2. Responsible for presenting the General Manager with projects that staff has determined meet the criteria of this policy. 3. Responsible for evaluating and overseeing the projects necessary to achieve the goals of this policy. Policy#1, Revision I DRAFT Page 2 III. POLICY ELEMENTS A. The RMLD is striving to develop a practical approach to addressing the need for sustainable energy alternatives while simultaneously balancing power supply costs. Sustainable energy meets the needs of the present without compromising future generations. RMLD shall use G.L. c. 26A to define qualifying sustainable generating sources. G.L. c. 25A §11F(b) states that a "renewable energy generating source is one which generates electricity using any of the following: (1) solar photovoltaic or solar thermal electric energy; (2) wind energy; (3) ocean thermal, wave or tidal energy; (4) fuel cells utilizing renewable fuels; (5) landfill gas; (6) waste-to-energy which is a component of conventional municipal solid waste plant technology in commercial use; (7) naturally Flowing water and hydroelectric; (8) low emission advanced biomass power conversion technologies using fuels such as wood, by-products or waste from agricultural crops, food or animals, energy crops, biogas, liquid biofuel including but not limited to biodiesel, organic refuse-derived fuel, or algae; or (9) geothermal energy.' A facility that converts one of the foregoing fuel or energy resources to energy is referred to as a "Renewable Generation Unit' B. The RMLD will review the power supply portfolio from time to time with the intention of meeting specific sustainability target percentages. Specifically RMLD will strive to reach 15 percent sustainability by 2015, 20 percent sustainability by 2020 and 25 percent sustainability by 2025. These target dates will be reviewed by the RMLD Board of Commissioners every three years. C. The RMLD will analyze sustainable power supply projects with a competitive average power supply cost and positive environmental impacts. Only projects that meet this criterion will initially be brought to the General Manager for further review. D. In the interest of providing RMLD ratepayers with sustainable energy that is cost effective the RMLD shall have the ability to market all or a portion of the RECs from any given potential project until the target date deadline or an RPS becomes applicable to the RMLD. At such time the RECs will be retired up to the target amount. E. If Massachusetts law requires the RMLD to Participate in Massachusetts Renewable Portfolio Standard (RPS) the RMLD will review and make required adjustments to this policy and the RMLD's power supply portfolio. READING MUNICIPAL LIGHT DEPARTMENT FY 13 CAPITAL BUDGET VARIANCE REPORT FOR PERIOD ENDING SEPTEMBER 30,2012 ACTUAL YTD ACTUAL ANNUAL COST COST BUDGET REMAINING R PROJECT DESCRIPTION TOWN SEPTEMBER THRU 9130112 AMOUNT BALANCE 00 Construction-System Prolects 1 Essex Street-Reconductodng LC 197,055 191 2 4W13 OH ReconductMng-West Street W 3.028 3,626 108,183 104,365 3 Upgmi of Old Lyarrhold cancer URDs (Partial CARRYOVER) LC 18,507 78,952 492,143 413,191 5 Shady Lane Area-Reoonductoring W 184 199,042 198,858 6 Federal Street-Reconductoring W 063 175,555 174,702 Total System Projects Sri uoaraaes Station 04 8 Relay Replacement Project-(PaNal CARRYOVER) R 119,309 118,309 9 Station 4 Getaway Replacement-4W13 R 4430 161.779 157,349 Total Station Projects SCADA Pirelli 10 Station 5 RTU(RemMe Terminal Unit)Replacement W 50,163 58,163 4 Station 4 RTU(Remole Terminal Unit)Replacement(PaNeI CARRYOVER) R 5.002 18.369 80,653 Si Total SCADA Projects New Customer Somice Connections 12 Service Installations-COmmercieglndustrial Customers ALL 4,171 63,074 50,903 13 ServiesInstallations-Residential Customers ALL 15,842 57,217 207,923 150,706 Total S.Mce Connectlpns 14 RQvtlne Construction Various Routine Conlruction ALL 226,366 518,083 980,211 472,128 Total Construction Projects 269,W 680098 2,929910 2245812 Other Proiacts 15 GIS 7,718 23,155 97,495 74,340 16 TransiormeraCapacicers Annual Purchases 59,882 96.004 204,000 185,916 17A Mehr Annual Purchases 49,710 49,710 178 Meter Upgrade Project-(Partial CARRYOVER) 45,153 284.150 564,410 270,205 17C Meter Upgrade Project-Commercials 551,853 551,853 18 Purchase VehiGes 85,000 65.000 19 Purchase Line Department Vehicles 203490 570,000 Sari 20 Purchase New Pole Dolly 12,000 12,OOD 21 Automated Building Systems 150000 15D,000 22 Engineering Analysis sollware&data Wmernon-(CARRYOVER) 76,789 78,789 23 Gaw Station Generator 55,000 55,000 24 Capital pressure-Station One 400,000 400,000 25 New Carpeting 35,000 35000 26 Water Heater Demand Response Technology 624 624 338,611 335,987 27 Hmdwale Upgrades 2,238 22,154 126,629 104,475 28 Sprains.and Licensing 6,170 18,146 118002 100,056 Total Other Projects 121,785 669,803 3,493,505 2,833702 TOTAL FY 13 CAPITAL PROJECT EXPENDITURES 391,330 1.3q.901 6.423,416 6,W9,514 ATTACHMENT 3 Reading Municipal Light Department 111W Engineering and Operations Monthly Report September 2012 FY 2013 Capital Plan E&O Construction -System Projects 1. Reconductoring of Essex St. Lynnfield Ctr.- No activity. 2. 4W13 OH Reconductoring Project, West St., Wilmington - Engineering Labor. 3. Upgrading of Old Lynnfield Center URDs - (Continuation of phase 1) Engineering labor. Underground Crew-Energized new underground primary cables and started cutting over new services;pulled in sections of service cable; landed neutrals in manhole and prep feeder cables; installed pull boxes and permanent connections. 5. Shady Lane Drive Area, Wilmington - Reconductoring -No activity 6. Federal Street, Wilmington - Reconductoring - No activity Station Upgrades 8. Station 4 Relay Replacement Project - Reading - No activity 9. Station 4 Getaway Replacement -4W13 - No activity SCADA Proiects 10. Station 5 RTU Replacement, Wilmington - No activity 4. Station 4 RTU Replacement - Senior Tech labor; Underground Crew labor; database and graphics (software) for new RTU was received. New Customer Service Connections 12. Service Installations - Commercial/Industrial Customers-This item includes new service connections, upgrades, and service replacements for the commercial and industrial customers. This represents the time and materials associated with the replacement of an existing or installation of a new overhead service, the connection of an underground service, etc. This does not include the time and materials associated with pole replacements/installations, transformer replacement/installations, primary or secondary cable replacement/installations etc. E This portion of the project comes under routine construction. No notable services \r/ this month. 1 13. Service Installations— Residential Customers—This item includes new or upgraded overhead and underground services, temporary overhead services, and large underground development. 14. Routine Construction—The drivers of the Routine Construction budget category YTD are listed. This is not an inclusive list of all items within this category. Pole SettingyTransfers $68,003 Maintenance Overhead/Unde round $211,909 Projects Assigned as Required $39,713 Pole Damage includes knockdowns some reimbursable $20,404 Station Group $14,199 Hazmat/Oil Spills $0 Porcelain Cutout Replacement Program $0 Lighting Street Light Connections $5,575 Storm Trouble $32,041 Underground Subdivisions $33,791 Animal Guard Installation $17,115 Miscellaneous Capital Costs $73,333 TOTAL $516,083 ZJ *In the month of September, zero (0) cutouts were charged under this program. Approximately 23 cutouts were installed new or replaced because of damage making a total of 23 cutouts replaced this month. • 2 Reliability Revort ® Two key industry standard metrics have been identified to enable the RMLD to measure and track system reliability. A rolling 12-month view is being used for the purposes of this report. Customer Average Interruption Duration Index (CAIDI)— Measures how quickly the RMLD restores power to customers when their power goes out. CAIDI = Total of Customer Interruption Duration for the Month in Minutes/ Total number of customers interrupted. RMLD 12 month system average outage duration — 62.00 minutes RMLD 4 year average outage (2006-2009) —50.98 minutes per outage On average, RMLD customers that experience an outage are restored in 62.00 minutes. 120.00 d 100.72 3 100.00 -- 66.89 N8.30 °i 80.00 65.57 U 60.00 — W E ° 40.00 N J U 20.00 - -- o.00 Qo 'OF OF -kV p0 cP' —+--Monthly minutes per outage RMLD 12 month system average outage duration 62.00 RMLD 4 year average outage duration 50.98(2006-2009) 3 System Average Interruption Frequency (SAIFI)— Measures how many outages each customer experiences per year on average. SAIFI = Total number of customer's interrupted/Total number of customers. RMLD 12 month system average - .33 outages per year RMLD 4 year average outage frequency - .82 The graph below tracks the month-by-month SAIFI performance. 0.90 0.64 0.80 0.69 C 0.70 9 0.60 c 0.50 �p 0.50 --- NnT C OM 0.40 u 0.30 2 0.23 21 LL 0.20 i1 0.10 0. NN NN NV oa NN �ff Oe i Q , p5f 'Or KV 1g )V 0 'jo RMLD monthly outage frequency RMLD 12 month system average outage frequency.33 —RMLD 4 year average outage frequency.82(2006-2009) Months Between Interruptions (MBTI) Another view of the SAIFI data is the number of months Reading customers have no interruptions. At this time, the average RMLD customer experiences an outage approximately every 36 months. 4 Dt: October 24,2012 • To: RMLB, Vincent F. Cameron, Jr.,Jeanne Foti Fr: Bob Fournier Sj: September 30,2012 Report The results for the first three months ending September 30,2012, for the fiscal year 2013 will be summarized in the following paragraphs. 1) Change in Net Assets: (Page 3A) For the month of September,the net income or the positive change in net assets was$2,028,703, increasing the year to date net income to $2,538,492. The year to date budgeted net income was $595,450,resulting in net income being over budget by$1,943,041 or 326.31%. Actual year to date fuel expenses exceeded fuel revenues by$65,016. 2)Revenues: (Page 11B) Yew to date base revenues were under budget by $58,921 or 0.44%. Actual base revenues were$13.4 million compared to the budgeted amount of$13.5 million. 3) Expenses: (Page 12A) ® *Year to date purchased power base expense was under budget by $835,163 or 9.67%. Actual purchased power base costs were $7.8 million compared to the budgeted amount of$8.6 million. *Year to date operating and maintenance(O&M) expenses combined were under budget by $480,421 or 15.54%. Actual O&M expenses were$2.6 million compared to the budgeted amount of$3.1 million. *Depreciation expense and voluntary payments to the Towns were on budget. 4) Cash: (Page 9) *Operating Fund was at$11,441,830. * Capital Fund balance was at$4,209,849. * Rate Stabilization Fund was at$6,683,641. * Deferred Fuel Fund was at$2,205,028. * Energy Conservation Fund was at$371,427. 5) General Information: Year to date kwh sales (Page 5) were 208,521,058 which is 6.3 million kwh or 3.13°/x, ahead last year's actual figure. GAW revenues collected ytd were $208,347 bringing the total collected since inception to $1,505,433.31. 6) Budget Variance: Cumulatively,the five divisions were under budget by$476,383 or 9.70%. ATi'AC14MENT 4 FINANCIAL REPORT SEPTEMBER 30, 2012 ISSUE DATE : OCTOBER 24, 2012 TOM OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT BUSINESS-TYPE PROPRIETARY FUND STATEMENT OF NET ASSETS 9/30/12 PREVIOUS YEAR CURRENT YEAR ASSETS CURRENT UNRESTRICTED CASH (e CH A P.9) ],]2],33).64 11,444,630.39 RESTRICTED CASH (S CH A P.9) 17,432,801.95 19,639,949.68 RESTRICTED INVESTMENTS (S CH A P.9) 2,300,000.00 0.00 RECEIVABLES, NET (SCM B P.10) 8,618,731.67 9,405,647.09 PREPAID EXPENSES (SCM B P.10) 1,184,583.49 1,669,804.18 INVENTORY 1,509,568.46 1,449,331.83 TOTAL CURRENT ASSETS 38.]53.023.31 43,609,463.17 NONCURRENT INVESTMENT IN ASSOCIATED CO (SCH C P.2) )3,]65.66 62,574.36 CAPITAL ASSETS, NST (SCH C P.2) 67,544,552.06 69,377,575.61 TOTAL NONCURRENT ASSETS 6].fi18.31].]3 69,339.149.97 TOTAL ASSETS 106.371.339.93 112.948.613.14 LIABILITIES CURRENT ACCOUNTS PAYABLE 5,)9],230.30 8,130,034.57 CUSTOMER DEPOSITS 575,304.34 501,105.60 CUSTOMER ADVANCES FOR CONSTRUCTION 307,309.94 300,559.17 ACCRUED LIABILITIES 1,219,183.70 1,812,646.43 TOTAL CURRENT LIABILITIES 1.299,008.36 10.893.145.77 NONCURRENT BONDS PAYABLE, NET OF CURRENT PORTION 0.00 0.00 ACCRUED EMPLOYEE COMPENSATED ABSENCES 2,934,698.58 2,982,915.76 TOTAL NONCORRENT LIABILITIES 2.934,690.50 3,982.915.76 TOTAL LIABILITIES 30,833.106.94 13,876,061.53 NET ASSETS INVESTED IN CAPITAL ASSETS, NET OF RELATED DEBT 67,544,533.06 69,3]],575.61 RESTRICTED FOR DEPRECIATION FUND (P.9) 4,316,536.39 3,553,748.93 UNRESTRICTED 23,676,544.54 26,241,227.07 TOTAL NET ASSETS (P.3) 95.537.633.99 99,072,551.61 TOTAL LIABILITIES AND NET ASSETS 106,371,339.93 113,940,613.14 111 TOM OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT NONCORRENT ASSET SCHEDULE 9/30/13 SCHEDULE C PREVIOUS YEAR CURRENT YEAR SCHEDULE OF INVESTMENTS IN ASSOCIATED COMPANIES NEN ENGLAND HYDRO ELECTRIC 15,747.64 2,975.74 NEN ENGLAND HYDRO TRANSMISSION 58,018.02 58,590.62 TOTAL INVESTMENTS IN ASSOCIATED COMPANIES 73,765.66 61,574.36 SCHEDULE OF CAPITAL ASSETS LAND 1,265,842.23 1,265,842.23 STRUCTURES AND IMPROVEMINTS 6,537,440.54 6,685,437.16 EQUIPMENT AND FURNISHINGS 11,875,656.15 12,341,591.34 INFRASTRUCTURE 46,865,413.14 48,984,704.00 TOTAL CAPITAL ASSETS, NET 67.544.552.06 69.277.575.61 TOTAL NONCURRENT ASSETS 67,fi18,317.72 69,339,149.97 • • M TOWN OF READING. IU.SSACHUSETTS MUNICIPAL LIGHT DEPARTMENT BUSINESS-TYPE PROPRIETARY PUNS STATERINT OF REVENGES, EXPENSES AND CHANGES IN FORD NST ASSETS 9/30/12 MONTH MONTH LABT YEAR CURRENT YEAR YTD % LAST YEAR CURRENT YEAR TO DATE TO DATE CHARGE OPERATING REVENGES: (SCH D P.11) BABE REVENUE 4,101,465.06 4,657,037.84 13,100,940.18 13,449,113.84 2.59% FURL REVERSE 3,166,562.64 3,486,749.45 11,140,849.89 3,894,571.41 -11.19% FORCELESS POWER CAPACITY (12,035.17) 222,443.57 (38,418.36) 631,177.04 -1742.90% FORPETTED DISCOUNTS 90,305.27 93,328.33 258,929.20 278,869.48 7.71% ENERGY CONSERVATION REVENUE 43,651.05 72,361.13 139,459.33 205,304.34 47.21% GAN RE'FSNUE 63,342.28 73,410.73 202.220.72 208,347.42 3.03% NYPA CREDIT (58,869.90) 147,478.80) (190.362.29) (152.951.50) -19.65% TOTAL OPERATING EEVENUES 7,394,421.23 8,557,860.25 24,621,618.67 24,514,452.03 -0.44% OPERATING EXPENSES: (BCH E P.12) PSRCeASED POWRR BASE 2,522,109.25 2,520,662.38 7,242,073.39 7,800,416.79 7.71% PURCHASED POWER PURL 2,914,869.40 2,646,309.32 10,841,874.20 9,806,635.80 -9.55% OPERATING 607,339.16 607,564.45 2,187,560.56 2,152,869.97 -1.59% NAINTBNANCE 242,756.88 158,083.78 683,341.53 459,820.32 -32.86% DEPRECIATION 296,027.47 305,469.18 B80,082.41 916,407.54 3.19% VOLUNTARY PAYIRNTB TO TONES 113,000.00 114.000.00 339.000.00 342.00D.00 0.88% TOTAL OPERATING EXPENSES 6,776,102.16 6,352,099.11 22,181,932.09 21,477,150.42 -3.19% OPERATING INCOME 618,319.07 2,205,771.14 2.439,686.58 3,037,301.61 24.50% (hl06PERATING RRPENGEB (EXPENSES) CONTRIBUTIONS IN AID OF CONST 0.00 4,051.18 3.686.00 36,746.75 896.93% RETURN ON INVESTMENT TO READING (103,829.75) (188,785.50) (551,489.25) (566,356.74) 2.70% INTEREST INCOME 30,315.40 2,970.63 35,306.56 9,612.94 -72.77% INTEREST EXPENSE (511.83) (257.20) (1,522.37) (776.46) -49.00% OTHER (NOSE AND ABORT) 2,505.00 4,953.18 8,383.00 21,963.52 162.00% TOTAL NONOPERATING REV (SXP) (151.441.18) (177.067.79) (505.636.06) (490.809.99) -1.35% CHANGE IN NET ASSETS 466.877.89 2.028.703.35 1,934,050.52 2,530,491.62 31.25t EST ASSETS AT BEGINNING OF YRAR 93,603,582.47 96,534,059.99 3.13% NET ASSETS AT END OF SEPTEMBER 95,537,632.99 99.072,551.61 3.70% TOWN OP READING, MASSACHUSETTS NUNICI PAL LIGHT DEPARTMENT BUSINESS-TYPE PROPRIETARY FUND Q STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND NET ASSETS 9/30/12 ACTUAL BOUGHT 8 YEAR TO DATE YEAR TO DATE VARIANCE• CHANGE OPERATING REVENUES: (SCH P P.11B) BASE REVENUE 13,449,113.04 13,508,035.00 (58,921.16) -0.448 FUEL REVENUE 9,894,571.41 9,033,027.00 861,544.41 9.548 PURCHASED POWER CAPACITY 631,177.04 618,010.00 13,167.04 2.138 FORFEITED DISCOUNTS 278,889.48 297,176.00 (16,286.52) -6.15% ENERGY CONSERVATION REVENUE 205,304.34 204,014.00 1,290.34 0.63% SAW REVENUE 208,347.42 204,014.00 4,333.42 2.128 NYPA CREDIT (152 951.50) (174,999.00) 22,047.50 -12.608 TOTAL OPERATING REVENUES 24,514,452.03 23,689,277.00 825,175.03 3.488 OPERATING EXPENSES: (SCH G P.12A) PURCHASED POWER BASE 7,000,416.79 8,635,580.00 (035,163.21) -9.67% PURCHASED POWER FUEL 9,806,635.80 9,699,633.00 107,002.80 1.108 OPERATING 2,152,869.97 2,451,175.00 (290,305.03) -12.178 MAINTENANCE 458,820.32 640,937.00 (182,116.68) -28.418 DEPRECIATION 916,407.54 912,501.00 3,906.54 0.438 VOLUNTARY PAYMENTS TO TOWNS 342.000.00 342,000.00 0.00 0.008 TOTAL OPERATING EXPENSES 21,477,150.42 22.601,826.OD (1,204,675.58) -5.318 OPERATING INCOME 3,037,301.61 1,007,451.00 2,029,850.61 201.488 • NONOPERATINO REVENUES (EXPENSES) CONTRIBUTIONS IN AID OF CONST 36,746.75 100,000.00 (63,253.25) -63.258 RETURN ON INVESTNENT TO RBADINS (566,356.74) (566,250.00) (106.74) 0.028 INTEREST INCOME 9,612.94 24,999.00 (15,386.06) -61.558 INTEREST EXPENSE (776.46) (750.00) (26.46) 3.538 OTHER (MDSE AND AMORT) 21,963.52 30,000.00 (8,036.48) -26.798 TOTAL NONOPERATING REV (EXP) (498.809.99) (412.001.00) (86.808.99) 21.078 CHANGE IN NET ASSETS 2,538,491.62 595,450.00 1,943,041.62 326.318 NET ASSETS AT BEGINNING OF YEAR 96,534,059.99 93,603,582.47 2,930,477.52 3.138 NET ASSETS AT END OP SEPTEMBER 99,072,551.61 94.199,032.47 4,673,519-14 5.178 • 1 ) = ACTUAL UNDER BUDGET ILI TOM OF HEADING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT RECONCILIATION OF CAPITAL FUNDS 9/30/12 SOURCE OF CAPITAL FUNDS: DEPRECIATION FUND BALANCE 7/1/12 2,635,205.70 CONSTRUCTION POND BALANCE 7/1/12 2,000,000.00 INTEREST ON DEPRECIATION POND PY 13 2,135.69 DEPRECIATION TRANSFER FY 13 916,407.54 TOTAL SOURCE OF CAPITAL FUNDS 5,553,748.93 USE OF CAPITAL FUNDS: LESS PAID ADDITIONS TO PLANT THRU SEPTENBER 1,343,899.68 GENERAL LEDGER CAPITAL FUNDS BALANCE 9/30/12 4.209.849.25 TOM OF BRAD ING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT SALES OF KILWATT HOURS 9/30/12 No MONTH MONTH LAST YEAR CURRENT YEAR YTD % SALES OF ELECTRICITY: LAST YEAR CURRENT YEAR TO DATE TO DATE CHANGE RESIDENTIAL SALES 23,653,277 28,615,201 77,935,215 82,232,730 5.515 COMM. AND INDUSTRIAL SALES 37,199,621 42,247,434 116,673,493 118,741,155 1.775 PRIVATE STREET LIGHTING 73,370 72,942 218,948 219,287 0.155 TOTAL PRIVATE CONSUMERS 60.926,268 70.935.577 194.027,656 201,193.172 3.275 MUNICIPAL SALES: STREET LIGHTING 239,052 237,606 717,156 712,778 -0.615 MUNICIPAL BUILDINGS 812,997 894,308 2,599,996 2,566,286 -1.305 TOTAL MUNICIPAL CONSUMERS 1.052,049 11131,914 3,317,152 3,279,064 -1.155 SALES FOR RESALE 347,058 401,955 1,097,144 1,138,220 3.745 SCHOOL 1,008,589 1,153,299 2,951,301 2,910,602 -1.385 TOTAL KILOWATT HOURS SOLO 63.334,764 73,612,745 202,193,253 208,521.058 3.135 151 TOWN OF REAMING, MASSACHUSETTS MUNICIPAL LIGHT DEPARYKmY KILOWATT HOURS SOLD BY TOWN 9/30/12 TOTAL READING LYNNPIELD NO.REAMING WILMINGTON WORTH RESIDENTIAL 28,615,201 9,549,359 3,819,307 7,206,427 8,030,108 COM A IND 42,247,434 5,314,198 337,189 6,566,433 30,029,614 PVT ST LIGHTS 72,942 13,585 1,360 21,144 36,853 PUB ST LIGHTS 237,606 80,536 32,500 40,043 84,527 MUNI BLOCS 894,308 207,901 169,272 187,521 329,614 SALES/RESALE 401,955 401,955 0 0 0 SCHOOL 1,153,299 405,428 250,316 139,080 358,475 TOTAL 73.622.745 15,972.962 4,619.944 14.160.648 38.869.191 YEAR TO DATE RESIDENTIAL 82,232,730 25,054,849 12,296,002 19,195,943 25,685,936 COMM 6 IND 118,741,155 15,048,939 913,707 18,540,415 84,239,094 PVT ST LIGHTS 219,287 40,755 41000 63,888 110,564 PUB ST LIGHTS 712,778 141,600 97,460 120,129 253,581 MUNI BLOGS 2,566,286 502,673 461,828 551,632 970,153 SALES/RESALE 1,138,220 1,138,220 0 0 0 SCHOOL 2,910,602 11050,100 628,601 345,680 886,221 TOTAL 208,521.058 43.157.144 19.400,678 38,817.687 112.145.549 LAST YEAR TO DATE RESIDE ITAL 77,935,215 24,223,703 11,478,165 18,008,378 24,224,969 COSI A IND 116,673,493 14,794,516 943,005 181295,005 82,640,967 PVT BY LIGHTS 218,948 42,547 4,080 63,672 108,649 PUB ST LIGHTS 717,156 241,308 97,331 119,640 258,897 MUNI BLISS 2,599,996 504,231 447,921 549,066 1,018,778 SALES/RESALE 11097,144 1,097,144 0 0 0 SCHOOL 2,951,301 1,067,095 686,203 350,400 847,603 TOTAL 202,193.153 42.050,594 13.fi56 685 3).386,161 109.099,063 KILOWATT BOMB SOLD TO TOTAL TOTAL READING LYNNPIELD NO.READING WILMINGTON MONTH RESIDENTIAL 38.87% 12.97% 5.10% 9.79% 10.91% COMM 6 IND 57.38% 7.22% 0.46% 8.92% 40.78% PVT ST LIGHTS 0.10% 0.02% 0.00% 0.03% 0.05% PUB ST LIGHTS 0.32% 0.11% 0.04% 0.05% 0.12% NONE BLISS 1.21% 0.28% 0.23% 0.25% 0.45% SALES/REGALE 0.55% 0.55% 0.00% 0.00% 0.00% SCHOOL 1.57% 0.55% 0.34% 0.19% 0.49% TOTAL 100.00% 31.70% 6.27% 19.23% 52.80% YEAR TO DATE RESIDENTIAL 39.43% 12.02% 5.90% 9.21% 12.30% COMM R IND 56.94% 7.12% 0.44% 8.89% 40.39% PVT ST LIGHTS 0.11% 0.02% 0.00% 0.03% 0.06% PUB ST LIGHTS 0.34% 0.12% 0.05% 0.06% 0.11% MUNI BLISS 1.23% 0.28% 0.22% 0.26% 0.47% SALES/RESALE 0.55% 0.55% 0.00% 0.00% 0.00% SCHOOL 1.40% 0.50% 0.30% 0.17% 0.43% TOTAL 100.00% 20.71% 6.91% 18.62% 53.76% LAST YEAR TO DATE RESIDENTIAL 38.55% 11.98% 5.68% 8.91% 11.98% COMM 6 IND 57.70% 7.32% 0.47% 9.05% 40.86% PVT ST LIGHTS 0.11% 0.02% 0.00% 0.03% 0.06% PUB ST LIGHTS 0.35% 0.12% 0.05% 0.06% 0.12% MUNI BLDGS 1.29% 0.29% 0.21% 0.27% 0.51% floo SALES/RESALE 0.54% 0.54% 0.00% 0.00% 0.00% SCHOOL 1.46% 0.53% 0.34% 0.17% 0.42% TOTAL 100.00% 20.80% 6.76% 18.49% 53.95% U TONS OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT FORMULA INCOME • 9/30/12 TOTAL OPERATING REVENUES (P.3) 24,514,452.03 ADD: POLE RENTAL 0.00 INTEREST INCOME ON CUSTOMER DEPOSITS 406.54 LESS: OPENATING EXPENSES (P.3) (31,477,150.42) CUSTOMER DEPOSIT INTEREST EXPENSE (776.46) FORMULA INCOME (LOSS) 3.036.931.69 • Itl TOWN OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT GENERAL STATISTICS 9/30/12 MONTH OF MONTH OF ; CHANGE YEAR THEO BEP 2011 SEP 2012 2011 2012 SEP 2011 SEP 2012 SALE OP EMS (P.5) 63,334,764 73,622,745 -2.72; 3.13; 202,193,253 208,521,058 AM PURCHASED 60,207,277 58,633.476 -2.85; 1.22; 205,052,461 207,546,400 AVE SASE COST PER EWH 0.041890 0.042990 0.82; 6.42; 0.035318 0.037584 AVE BASS SALE PER KMH 0.064759 0.063255 8.45; -0.52; 0.064834 0.064498 AVE COST PER KWH 0.090304 0.088123 -4.73; -3.81; 0.008192 0.004834 AVE SALE PER KWH 0.114756 0.110615 5.50% -6.66; 0.119934 0.111949 FUEL CHARGE REVENUE (P.3) 3,166,562.64 3,486,749.45 -0.55; -11.19; 11,140,849.09 9,894,571.41 LOAD FACTOR 66.27% 61.99; PEAK LOAD 124.448 129,569 UI toss U) t�Jp d `76 t t�doy I O(,6n J L Oi �O I!! I 9 `V f'Y O,Jp o ,aS O� �b °dry 0, Ole y ----I—__ _�-..-_------ °O� °ss LO O Ln O LO O 00 In ,;T N T- C) O O O O O Efl ER E!} K} ER H} TONE OF READING, NASSACHOBETTS HONICIPAL LIGHT DEPARTMENT SCHEDULE OF CASH AND INVESTMENTS 9/30/12 SCHEDULE A PREVIOU6 YEAR CURRENT YEAR UNRESTRICTED CASH CASH - OPERATING POND 7,724,337.64 11,441,830.39 CASH - PETTY CASH 3,000.00 3,000.00 TOTAL UNRESTRICTED CASH 7.727,33].64 11.444.830.39 RESTRICTED CASH CASH - DEPRECIATION POND 4,316,536.39 3,553,748.93 MEN - CONSTRUCTION POND 0.00 656,100.32 CASH - TONE PAYMENT 894,000.00 908,356.50 CASH - DEFERRED PUEL RESERVE 3,163,830.18 2,205,028.59 CASH - RATE STABILIZATION FUND 5,058,435.03 6,683,641.82 CASH - UNCOLLECTIBLE ACCTS RESERVE 200,000.00 200,000.00 CASH - SICK LEAVE BENEFITS 1,945,794.31 2,984,836.31 CASH - RAZARD MASTS RESERVE 150,000.00 150,000.00 CASH - CUSTOMER DEPOSITS 561,385.03 581,105.60 CASH - ENERGY CONSERVATION 170,788.28 371,427.19 CASH - OPEB 972,024.73 1,345,704.42 TOTAL RESTRICTED CASH1J.432,801.95 19.639,999.68 46 RESTRICTED INV88TM8NT6 • RATE STABILIZATION 11000,000.00 0.00 *• SIM LEAVE BENEFITS 1,000,000.00 0.00 ••• OPEB 200,000.00 0.00 TOTAL RESTRICTED INNESTNENTB 2,200,000.00 0.00 TOTAL CASH BALANCE 27,360.1J 9.59 31,084,780.0] SEP 2011 FREDDIE NAC 1,000,000.00; DTD 09/10/10; INT 2.0041 MATURITY 09/15/20 •• FREDDIE NAC 1,000,000.00; DTD 09/10/10; INT 2.004) HATURITY 09/15/20 ••• FREDDIE NAC 200,000.00; DTD 09/10/10; INT 2.004; MATURITY 09/15/20 4 (9) TOWN OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT SCHEDULE OF ACCOUNTS RECEIVABLE 9/30/12 SCHEDULE H PREVIOUS YEAR CURRENT YEAR SCHEDULE OF ACCOUNTS RECEIVABLE RESIDENTIAL AND COMMERCIAL 4,223,390.80 4,593,945.14 ACCOUNTS RECEIVABLE - OTHER 91,572.41 443,722.77 ACCOUNTS RECEIVABLE - LIENS 17,748.27 28,084.71 ACCOUNTS RECEIVABLE - EMPLOYEE ADVANCES 092.14 093.14 SALES DISCOUNT LIABILITY (332,098.73) (345,306.49) RESERVE FOR UNCOLLECTIBLE ACCOUNTS (213.067.59) (231,548.011 TOTAL ACCOUNTS RECEIVABLE BILLED 3,788,437.30 4,489,710.26 UNBILLED ACCOUNTS RECEIVABLE 4,030,294.37 4,915,936.83 TOTAL ACCOUNTS RECEIVABLE, NET B 618,731.67 9 905.647.09 SCHEDULE OF PREPAYMENTS PREPAID INSURANCE 744,714.66 889,827.35 PREPAYMENT PURCHASED POWER 8,789.78 278,189.85 PREPAYMENT PASNY 238,330.65 241,849.32 PREPAYMENT WATSON 178,223.70 245,413.96 PURCHASED POWER WORKING CAPITAL 14,523.70 14,523.78 TOTAL PREPAYMENT 1,184,582.49 1 669,809.18 e ACCOUNTS RECEIVABLE AGING SEPTEMBER 2012: RESIDENTIAL AND COMMERCIAL 4,593,945.14 LESS: SALES DISCOUNT LIABILITY 1345.386.491 GENERAL LEDGER BALANCE 4248.558.65 CURRENT 3,726,847.66 87.72% 30 DAYS 352,862.76 8.31% 60 DAYS 94,821.52 2.23% 90 DAYS 11,096.67 0.26% OVER 90 DAYS 62,930.04 1.48% TOTAL 2248,558.65 100.00% • X101 TOM OF READING, NASBACHNSBTTS RUNICIPAL LIGHT DEPARTMENT SCHEDULE OF OPERATING REVENUE 9/30/12 SCHEDULE D NORTH NORTH LAST YEAR CURRENT YEAR YTD { SALES OF ELECTRICITY: LAST YEAR CURRENT YEAR TO DATE TO DATE CHANGE RESIDENTIAL SALES 3,025,402.96 3,562,227.24 10,348,340.80 10,250,398.47 -0.95% CORN AND INDUSTRIAL SALES 3,953,567.80 4,273,355.21 12,962,804.41 12,243,894.19 -5.55% PRIVATE STREET LIGHTING 51959.10 51660.95 23,242.19 17,0]0.6] -26.55% TOTAL PRIVATE CONSUMERS 6,984,929.86 7,841,243.40 23,334,387.40 22.511,363.33 -3.53% RUIIICIPAL SALES: STREET LIGHTING 29,229.76 3],91].05 107,075.43 83,745.15 -21.79% MUNICIPAL BUILDINGS 95,624.00 99,753.10 317,156.99 289,709.14 -8.65% TOTAL MUNICIPAL CONSUMERS 125.053.76 127,669.15 434.232.42 373.454.39 -11.97% SALES FOR RESALE 41,406.51 46,702.18 136,116.47 133,251.36 -2.84% SCHOOL 116,63].5] 128,172.56 355,053.78 336,616.27 -8.01% SUB-TOTAL 7,268,03].]0 8,143,787.29 34,249,790.07 23,343,685.25 -3.74% t PORPEITED DISCOUNTS 90,305.37 93,328.33 258,919.20 278,889.48 7.71% PURCHASED POWER CAPACITY (12,035.17) 223,443.57 (38,418.36) 631,177.04 -1742.90% MERCY CONSERVATION - RESIDENTIAL 16,555.94 28,614.91 54,551.98 82,365.53 50.80% ENERGY CONSERVATION - CONNERCIAL 27,095.11 43,746.22 84,907.35 123,038.81 44.91% CAN REVENUE 63,343.38 73,418.73 202,220.72 208,347.43 3.03{ NYPA CREDIT (58,869.90) (47,478.80 (190,362.29) (152,951.50) -19.65% TOTAL REVENUE 7,394,411.23 8,557.860.25 24,621,618.6] 29,514.453.03 -0.44% 1111 TOM OF HEADING, HABEACHUEETTS MUNICIPAL LIGHT DEPARTMENT SCHEDULE OF OPERATING REVENUE BY TOM 9/30/12 TOTAL READING LYNNPIELD NO.READING NILNINGTON MONTH RESIDENTIAL 3,562,227.24 1,190,817.16 473,952.65 895,330.40 1,002,117.01 INDUS/HUNI BLDG 4,373,101.31 590,870.12 55,558.02 ]05,33].93 3,013,340.34 PUB.ST.LIGHTS 2],91].05 8,976.30 3,551.79 5,219.50 10,159.46 PRV.ST.LIGHTS 5,660.95 1,041.47 104.25 1,707.73 2,807.50 CO-OP RESALE 46,702.18 46,702.18 0.00 0.00 0.00 SCHOOL 128,172.56 45,535.74 27,541.93 16,018.43 39,075.46 TOTAL 8.143,]8].29 1,891,953.09 560.)10.44 1,623,623.99 4.067.499.77 THIS YEAR TO DATE RESIDENTIAL 10,250,398.47 3,134,474.44 1,524,375.47 2,390,490.24 3,101,058.31 INDUS/KENS BLDG 12,533,603.33 1,716,137.82 154,336.07 2,022,039.60 8,641,089.84 POB.ST.LIGHM 83,745.15 26,928.90 10,649.37 15,688.50 30,478.38 PRV.ST.LIGHTS 17,070.67 3,132.01 312.75 51159.59 8,466.32 CO-OP RESALE 132,251.36 132,251.36 0.00 0.00 0.00 SCHOOL 326,616.27 118,781.58 69,948.04 40,152.45 97,633.40 TOTAL 33.343.685.45 5.131,]06.11 1,759 622.48 9.9)3.630.39 11,978,726.27 LAST YEAR TO DATE RESIDENTIAL 10,348,340.80 3,220,116.50 1,522,323.35 2,384,629.20 3,221,271.75 INDUS/NUNI BLDG 13,279,961.40 1,806,428.07 166,308.61 1,137,006.17 9,170,138.55 PUB.ST.LIGHTS 107,075.43 35,336.02 13,215.68 18,686.59 39,837.14 PRV.ST.LIGHTS 23,242.19 4,403.56 427.00 7,114.73 11,296.90 CO-OP RESALE 136,116.47 136,116.47 0.00 0.00 0.00 SCHOOL 355,053.78 129,790.49 80,459.24 43,746.22 101,057.83 TOTAL 24,249.790.0] 5.332 191.11 1,782,]33.88 4.591.262.91 12 543 602.17 PERCENTAGE OF OPERATING INCOME TO TOTAL TOTAL READING LYNNPIELD NO.READING MILNINGTON MONTH RBSIORNTIAL 43.74% 14.62% 5.82% 10.99% 12.31% INDUS/NUNS BLDG 53.70% 7.35% 0.68% 8.66% 37.01% PUB.ST.LIGHTS 0.34% 0.11% 0.04% 0.06% 0.13% PRV.ST.LIGHTS 0.07% 0.01% 0.00% 0.02% 0.04% CO-OP RESALE 0.57% 0.57% 0.00% 0.00% 0.00% SCHOOL 1.58% 0.56% 0.34% 0.20% 0.48% TOTAL 100.00% 23.12% 6.88% 19.93% 49.97% THIS YEAR TO DATE RESIDENTIAL 43.91% 13.43% 6.53% 10.24% 13.71% TEOUS/MUNI BLDG 53.69% 7.35% 0.66% 8.66% 37.02% PUH.ST.LIGHTS 0.36% 0.12% 0.05% 0.07% 0.12% PRV.ST.LIGHTS 0.07% 0.01% 0.00% 0.01% 0.04% CO-OP RESALE 0.57% 0.57% 0.00% 0.00% 0.00% SCHOOL 1.40% 0.51% 0.30% 0.17% 0.42% TOTAL 300.00% 21.99% 7.54% 19.16% 51.31% LAST YEAR TO DATE RESIDENTIAL 42.67% 13.28% 6.28% 9.83% 13.28% INDUS/MUNI BLDG 54.77% 7.45% 0.69% 8.81% 37.82% PUB.ST.LIGHTS 0.44% 0.15% 0.05% 0.08% 0.16% PRV.ST.LIGHTS 0.10% 0.02% 0.00% 0.03% 0.05 CO-OP RESALE 0.56% 0.56% 0.00% 0.00% 0.00 SCHOOL 1.46% 0.54% 0.33% 0.10% 0.41% TOTAL 100.00E 22.00% 7.35% 18.93% 51.]2% (ave TOW OR READING, MASSACHUSETTS MUNICIPAL LIGHT DBPARTNBNP BUDGETED REVENUE VARIANCE REPORT 9/30/12 SCHEDULE P ACTUAL BUDGET % YEAR TO DATE YEAR TO DATE VARIANCE • CHANGE SALES OF ELECTRICITY: RESIDENTIAL 6,344,601.86 6,287,042.00 57,559.06 0.92% COW AND INDUSTRIAL SALES PRIVATE STREET LIGHTING 6,708,075.48 6,806,043.00 (97,967.52) -1.42% MUNICIPAL BUILDINGS PUBLIC STREET LIGHTING 49,888.00 50,652.00 (764.DO) -1.51% SALES FOR RESALE 78,185.83 88,949.00 (10,763.17) -12.10% SCHOOL 188,362.67 195.349.00 (6,986.33) -3.58% TOTAL BASE SALES 13,449,113.84 13,508,035.00 (58,921.16) -0.44% TOTAL FUEL SALES 9.894.571.41 9.033.027.00 861.544.41 9.54% TOTAL OPERATING REVENUE 23,343,605.25 22,541,062.00 802,623.25 3.56% FORFEITED DISCOUNTS 278,889.48 297,176.00 (18,206.52) -6.15% PURCHASED PUMA CAPACITY 631,177.04 618,010.00 13,167.04 2.13% ENERGY CONSERVATION - RESIDENTIAL 82,265.53 78,637.00 3,628.53 4.61% ENERGY CONSERVATION - COMHBRCIAL 123,038.01 125,377.00 (2,338.19) -1.86% GAN REVENUE 208,347.42 204,014.00 4,333.43 2.12% PASNY CREDIT (152,951.50) (174,999.00) 22,047.50 -12.60% TOTAL OPERATING REVENUES 24,514,452.03 23.6B9,277.00 025.175.03 3.40% • ( ) ACTUAL UNDER BUDGET f1W TOM OF READING, MSSACHOSETTS NUNICIPAL LIGHT DEPAR!IKENT SCURPULE OF OPERATING EXPENSES Q 9/30/12 SCHEDULE E NORTH MONTH LAST YEAR CURRENT YEAR YTp 9 OPERATION EXPENSES: LAST YEAR CONSENT YEAR TO DATE TO DATE CHANGE PURCHASED POWER BASE EXPENSE 2,522,109.25 2.520,662.38 7,242,073.39 7,800,416.79 7.71% OPERATION SUP AND ENGINEERING EXP 33,232.15 30,352.73 132,043.70 119,542.30 -9.47% STATION SUP LABOR AND MISC 9,894.23 2,692.85 33,199.89 15,787.47 -52.454 LIMB MISC LABOR AND EXPENSE 59,806.73 36,659.87 167,764.14 131,939.36 -20.76% STATION LABOR AND EXPENSE 40,759.34 20,972.30 120,287.97 109,359.78 -9.09% STREET LIGHTING EXPENSE 9,341.85 4,422.61 23,930.05 17.528.42 -26.75% METER EXPENSE 16,607.86 7.330.11 63,445.43 34,112.36 -46.23% MISC DISTRIBUTION EXPENSE 27,364.14 21,054.51 83,753.06 73,958.94 -11.69% NETER READING LABOR 4 EXPENSE 8,124.83 5,138.91 26,406.60 23,970.01 -9.50% ACCT 6 COLI, LABOR R EXPENSE 09,649.34 88,633.79 310,447.90 336,182.53 8.29% UNCOLLECTIBLE ACCOUNTS 16,000.00 8,333.33 48,000.00 24,999.99 -47.92% ENERGY AUDIT EXPENSE 26,264.42 20,280.75 1O6,471.99 95,745.96 -10.07% AWRN R GEN SALARIES 57,040.12 47,652.90 185,556.97 165,427.49 -10.85% OFFICE SUPPLIES 6 EXPENSE 9,479.42 20,647.93 32,445.22 49,065.60 51.23% OUTSIDE SERVICES 35,005.20 49,522.36 68,275.01 79,932.08 17.07% PROPERTY INSURANCE 31,798.71 31,67B.42 95,372.17 95,035.26 -0.35% INUVRIE9 AND DAMAGES (9,019.311 3,940.15 (7,545.63) 10,316.44 -236.72% RNPLOYEES PENSIONS X BENEFITS 109,303.69 148,290.34 423,929.10 540,974.04 27.61% HISC GENERAL EXPENSE 17,304.60 13,888.61 47,605.41 38,614.87 -18.89% RENT EXPENSE 27,555.35 13,037.19 55,227.50 62,338.88 12.88% ENERGY CONSERVATION 71,026.49 23,426.79 170,063.04 127,030.18 -25.65% TOTAL OPERATION EXPENSES 687.339.16 607,564.45 2,187,560.56 2 152.069.97 -1.59% HAINTENANCE EXPENSES: PAINT OF TRANSMISSION PL 227.10 227.10 681.30 601.30 0.00% SAINT OF STRUCT AND EQUIPHT 12,971.20 9,353.18 48,389.36 21,697.57 -55.16% SAINT OF LINES - ON 117,195.86 01,152.03 392,866.53 249,483.96 -36.50% SAINT OF LINES - UG 42,803.45 9,838.13 56,845.58 24,072.65 -57.65% MINT OF LINE TRANSFORMER 15,708.94 6,231.04 16,423.97 10,383.59 -36.78% MINT OF ST IT A SIG SYSTEM (46.60) (83.18) (184.97) (220.45) 19.18% MINT OF GARAGE AND STOCXROOM 30,459.45 40.740.81 125,178.40 114,940.90 -8.10% MIST OF METERS 7,811.24 3,397.31 20,582.53 10,151.48 -50.60% MAINT OF GEN PLANT 7,556.24 7,326.56 22,558.83 27,629.32 22.48% TOTAL HAINTENANCE EXPENSES 242,756.08 15B.083.78 683.341.53 450,820.32 -32.86% DEPRECIATION EXPENSE 296,027.47 305,469.18 888,082.41 916,407.54 3.19% PURCHASED POWER MEL EXPENSE 2,914,869.40 2,646,309.32 10.041,874.20 91806,635.80 -9.55% VOLUNTARY PAYPANTS TO TOWNS 113,000.00 114,000.00 339,000.00 342,000.00 0.88% TOTAL OPERATING EXPENSES 6.776.102.16 6.352.099.11 22.101.932.09 21.477,150.42 -3.18% • Ivxl ) i TOWN OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT BUDGETED OPERATING EXPENSE VARIANCE REPORT i 9/30/12 SCHEDULE O ACTUAL BUDGET ; OPERATION EXPENSES: YEAR TO DATE YEAR TO DATE VARIANCE • CHANGE PURCHASED POWER BASE EXPENSE 7,800,416.79 8,635.580.00 (835,163 21) -9.67; OPERATION SUP AND ENGINEERING EXP 119,542.30 116,616.00 3,936.30 3.51; STATION SUP LABOR AND MISC 15,767.47 21,760.00 (5,972.53) -37.45; LINE MISC LABOR AND EXPENSE 132,939.36 161,578.00 (38,638.64) -17.72; STATION LABOR AND EXPENSE 109,359.78 111,961.00 (2,601.22) -2.32; STREET LIGHTING EXPENSE 17,528.42 21,102.00 (3,573.58) -16.93% METER EXPENSE 34,112.36 35,157.00 (1,044.64) -2.97; MISC DISTRIBUTION EXPENSE 73,958.94 91,068.00 (17,109.06) -18.79; METER READING LABOR & EXPENSE 23,970.02 25,910.00 (11939.98) -7.49; ACCT & COLL LABOR & EXPENSE 336,182.53 342,715.00 (6,531.47) -1.91; UNCOLLECTIBLE ACCOUNTS 14,999.99 24,999.00 0.99 0.00; ENERGY AUDIT EXPENSE 95,745.96 116,638.00 (10,892.04) -17.91; ADMIN & GEN SALARIES 165,427.49 189,349.00 (23,921.51) -12.63; OFFICE SUPPLIES & EXPENSE 49,065.60 63,496.00 (14,430.40) -22.73; OUTSIDE SERVICES 79,932.08 173,307.00 (93,374.92) -53.88; PROPERTY INSURANCE 95,035.26 117,879.00 (22,843.74) -19.38; INJURIES AND DAMAGES 10,316.44 14,519.00 (4,202.56) -28.95; EMPLOYEES PENSIONS & BENEFITS 540,974.04 511,278.00 19,696.04 3.78; MISC GENERAL EXPENSE 38,614.87 69,161.00 (30,646.13) -44.25; RENT EXPENSE 62,338.08 53,001.00 9,337.88 17.62% HER BUY CONSERVATION 127,038.18 179,581.00 (52,542.82) -19.26; TOTAL OPERATION EXPENSES 1.151.869.97 ],451.115.00 (]98.305.031 -12.17; MAINTENANCE EXPENSES: MAINT OF TRANSMISSION PLANT 681.30 750.00 (68.70) -9.16; MAINT OF STRUCT AND EQUIPMENT 21,697.57 29,712.00 (8,014.43) -26.97% MAINT OF LINES - ON 249,483.96 301,438.00 (51,954.04) -17.24; SAINT OF LINES - US ]4,07].65 41,519.00 (17,446.35) -42.02; MAINT OF LINE TRANSFORMERS 10,383.59 48,371.00 (37,907.41) -78.53; MAINT OF ST LT & SIG SYSTEM (220.45) 2,450.00 (2,670.45) -109.00; FAINT OF GARAGE AND STOCKROOM 114,940.90 165,100.00 (50,159.10) -30.38; MAINT OF METERS 10,151.48 18,819.00 (8,667.52) -46.06% MAINT OF GEN PLANT 27,629.32 32,770.00 (5,148.68) -15.71; TOTAL MAINTENANCE EXPENSES 458.830.33 640.937.00 1182,116.68) -28.41; DEPRECIATION EXPENSE 916,407.54 912,501.00 3,906.54 0.43; PURCHASED POWER FUEL EXPENSE 91806,635.80 9,699,633.00 107,002.80 1.10; VOLUNTARY PAYMENTS TO TOWNS 342,000.00 342,000.00 0.00 0.00; TOTAL OPERATING EXPENSES 21.477.150.4] 22,681,026.00 11.104.675.58) -5.31; 1 ) ACTUAL ORDER BUDGET (12A) TOWN OF READING, MASSACHUSETTS NONICIPAL LIGHT DEPARINERT BUDGETED OPERATING EXPENSE VARIANCE REPORT . 9/30/12 RESPONSIBLE REMAINING SENIOR 2013 ACTUAL BUDGET RENAINING OPERATION EXPENSES: MANAGER ANNUAL BUDGET YEAR TO DATE BALANCE BUDGET % PURCHASED POWER BASE EXPENSE JP 30,102,742.00 7.000,416.79 22.302,325.21 74.09% OPERATION SUP AND ENGINEERING EXP RS 468,949.00 119,542.30 349,406.70 74.51% STATION SUP LABOR AND RISC KS 79,813.00 15,787.47 64,025.53 80.22% LINE NISC LABOR AND EXPENSE AS 671,309.00 132,939.36 538,369.64 80.20% STATION LABOR AND EXPENSE AS 448,249.00 109,359.78 330,889.22 75.60% STREET LIGHTING EXPENSE RE 83,106.00 17,528.42 65,577.58 78.91% HETER EXPENSE ES 197,329.00 34,112.36 163,216.64 82.71% MIEC DISTRIBUTION EXPANSE RS 366,489.00 73,958.94 292,530.06 79.82% NETER READING LABOR R EXPENSE AS 69,946.00 23,970.02 45,975.98 65.73% ACCT 6 COLL LABOR G EXPENSE RP 1,385,210.00 336,182.53 1,049,027.47 75.73% UNCOLLECTIBLE ACCOUNTS RP 100,000.00 24,999.99 75,000.01 75.00% ENERGY AUDIT EXPENSE JP 479,013.00 95,745.96 383,267.04 80.01% ROME A OW SALARIES VC 761,068.00 165,427.49 595,640.51 78.26% OFFICE SUPPLIES c EXPENSE VC 253,950.00 49,065.60 204,884.40 80.68% OUTSIDE SERVICES VC 507,125.00 79,932.00 427,192.92 84.24% PROPERTY INSURANCE RS 471,500.00 95,035.26 376,464.74 79.84% INJURIES AND DANAGHS AS 56,619.00 10,316.44 46,302.56 81.78% ENPLOYEEE PENSIONS 6 BENEFITS AS 1,889,623.00 540,974.04 1,348,648.96 71.37% NISC GENERAL EXPENSE VC 200,785.00 38,614.07 162,170.13 80.77% RENT EXPENSE HE 212,000.00 62,338.88 149,661.12 70.59% ENERGY CONSERVATION JP 697,903.00 127,038.18 570,944.82 81.80% TOTAL OPERATION EXPENSES 0.823.105.00 2.152.069.97 7,247,196.03 02.14% N&INTENANCE EXPENSES: • HAINT OF TRANSMISSION PLANT ES 3,000.00 681.30 2,318.70 77.29% MAINT OF STRUCT AND EQUIPMT RE 114,120.00 21,697.57 92,422.43 80.99% MAINT OF LINES - ON AS 1,250,421.00 249,483.96 1,000,937.04 80.05% NAINT OF LINES - VG RS 285,371.00 24,072.65 261,298.35 91.56% NAINT ON LINE TRANSFORMERS KS 188,500.00 10,383.59 178,116.41 94.49% MINT OF ST IT R SIG SYSTEN HE 9,684.00 (220.45) 9,904.45 102.28% NAINT OF GARAGE AND STOCKROOM HE 672,509.00 114,940.90 557,648.10 82.91% MINT OF MIRES HS 47,392.00 10,151.48 37,240.52 78.58% MAINT OF GEN PLANT RF 131,320.00 27,629.32 103,690.60 78.96% TOTAL NAINTENANCE EXPENSES 3.817.401.00 458,820.32 2.243.576.68 79.63% DEPRECIATION EXPENSE RP 3,650,000.00 916,407.54 1,733,592.46 74.89% PURCHASED POWER FUEL EXPENSE JP 30,500,000.00 9,806,635.80 20,693,364.20 67.85% VOLUNTARY PAYNENTS TO TOWNS RF 11368,000.00 342,000.00 1,026,OOD.00 75.00% TOTAL OPERATING EXPENSES 83,767,500.00 21.477,150.42 56.346,054.53 67.15% )vel TOWN OF READING, MASSACHUSETTS MUNICIPAL LIGHT DEPARTMENT ® PROFESSIONAL SERVICES 9/30/2012 PROFESSIONAL SERVICES BY PROSECT ITEM OEPARIVOMU ACTUAL BUDGET VARIANCE 1 ASLO AND PENSION TRUST AUDIT FEES ACCOUNTING 12,780.00 32,250.00 (19,470.00) 2 PENSION ACTUARIAL EVALUATION ACCOUNTING 3,250.00 0.00 3,250.00 3 LEGAL- FERC/ISO ISSUES ENERGY SERVICE 0.00 4,500.00 (4,500.00) 4 LEGAL- POWER SUPPLY ISSUES ENERGY SERVICE 635.00 11,250.00 (10,615.00) 5 PROFESSIONAL SERVICES ENERGY SERVICE 2,895.80 6,000.00 (3,104.20) 6 NERC COMPLIANCE AND AUDIT E B O 2,482.50 2,500.00 (17.50) 7 LOAD CAPACITY STUDY ENGINEERING 0.00 3,750.00 (31750.00) 8 STROM HARDENING STUDY ENGINEERING 0.00 0.00 0.00 9 LEGAL-GENERAL, MHIEC AUDIT GM 6,661.51 37,500.00 (30,838.49) 10LEGAL SERVICES-GENERAL HR 31,6]3.]2 27,600.00 4,0]3.]2 11 LEGAL SERVICES-NEGOTIATIONS Mt 0.00 9,200.00 (9,200.00) 12 LEGAL GENERAL BLDG. MAINT. 5,435.50 375.00 5,060.50 13 SURVEY RIGHT OF WAY BLDG. MAINT. 0.00 1,251.00 (1,251.00) 14 ENVIRONMENTAL BLDG. SAINT. 0.00 1,251.00 (1,251.00) 15 ENGINEERING SERVICES BLDG. MAINT. 14,118.05 2,130.00 11,988.05 16 REPAIR RAMP AND DECK AREA BLDG. MAINT. 0.00 30,000.00 (30,000.00) 17 INSURANCE CONSULTANT GEN. BENEFIT 0.00 2,499.00 (2,499.00) 18 LEGAL GEN. BENEFIT 0.00 1.251.00 (1,251.B0) TOTAL ]9,932.08 1]3,307.00 (93,374.92) 4 PROFESSIONAL SERVICES BY VENDOR ACTUAL MELANSON MEATH 6 COMPANY 12,780.00 HUDSON RIVER ENERGY GROUP 2,895.80 STORE CONSULTING INC. 3,250.00 ROBIN AND RUDMAN 8,938.00 UTILITY SERVICES INC. 2,402.50 DUNCAN R ALLEN 3,794.01 CHOATE HALL 6 STEWART 28,963.72 MERGERS TORREY 4 SPENCER 12,385.55 RICHARD HIBBING ARBITRATOR 2,710.00 .IN ASSOCIATES 1,732.50 TOTAL ]9,932.08 (13) RNLD • BUDGET VARIANCE REPORT FOR PERIOD ENDING SEPTEMBER 30, 2012 DIVISION ACTUAL BUDGET VARIANCE CHANGE ENGINEERING AND OPERATIONS 800,411 993,982 (193,571) -19.47% ENERGY SERVICES 226,315 318,096 (91,781) -28.859 GENERAL MANAGER 180,506 248,505 (67,999) -27.369 FACILITY MANAGER 943,295 1,027,747 (84,452) -8.229 BUSINESS DIVISION 2,286,704 2,325,283 (38,580) -1.669 SUB-TOTAL 4,437,231 41913,613 (476,383) -9.709 PURCHASED POWER - BASE 7,800,417 8,635,580 (835,163) -9.679 PURCHASED POWER - FUEL 9,806,636 9,699,633 107,003 1.109 TOTAL 22,044,283 23,248,826 (1,204,543) -5.189 i V RMLD 1 DEFERRED FUEL CASH RESERVE ANALYSIS 09/30/12 i� i GROSS MONTHLY TOTAL DATE CHARGES REVENUES HEM CREDIT DEFERRED DEFERRED Jun-12 2,270,044.48 Jul-12 3,581,715.28 3,492,843.61 (61,106.90) (149,978.57) 2,120,065.91 Aug-12 3,578,611.20 2,914,978.35 (44,365.80) (707,998.65) 1,412,067.26 Sep-12 2,646,309.32 3,486,749.45 (47,478.80) 792,961.33 2,205,028.59 RMLD STAFFING REPORT FOR FISCAL YEAR ENDING JUNE, 2013 • 13 BUD JUL AUG SEP TOTAL 12 12 12 GENERAL ANA-ER GENERAL MANAGER 2.00 2.00 2.00 2.00 HUMAN RESOURCES 1.00 1.00 1.00 1.00 COMMUNITY RELATIONS 1.00 1.00 1.00 1.00 TOTAL 4.00 4.00 4.00 4.00 BUSINRSS ACCOUNTING 2.00 2.00 2.00 2.00 CUSTOMER SERVICE +* 7.75 7.75 7.75 7.75 MGMT INFORMATION SYS + 6.25 6.00 6.00 6.00 MISCELLANEOUS 1.00 1.00 1.00 1.00 TOTAL 17.00 16.75 16.75 16.75 ENGINEERING & OPERATIONS AGM E&O 2.00 2.00 1.00 1.00 ENGINEERING 5.00 5.00 5.00 5.00 LINE 21.00 21.00 21.00 21.00 METER 4.00 3.00 3.00 3.00 STATION 8.00 8.00 8.00 8.00 TOTAL 40.00 39.00 38.00 38.00 j PROJECT BUILDING 2.00 2.00 2.00 2.00 GENERAL BENEFITS 2.00 1.00 2.00 2.00 TRANSPORTATION - - - - MATERIALS MGMT 4.00 3.00 4.00 4.00 TOTAL 8.00 6.00 8.00 8.00 ENERGY SERVICES ENERGY SERVICES + 5.50 4.50 4.50 4.50 TOTAL 5.50 4.50 4.50 4.50 RNLD TOTAL 74.50 70.25 71.25 71.25 CONTRACTORS UG LINE 2.00 2.00 2.00 2.00 TOTAL 2.00 2.00 2.00 2.00 GRAND TOTAL 76.50 72.25 73.25 73.25 part time employee ri part time employee and a coop student '^ part time employee and a temp ;:Jo ..13,se eat etiete ease nav OF eocnL"s©tvgUirv° rti nr e . - -- -- e:f -- - — — -- — 40e1 e_ I Massachusetts Deparbnent of Revenue Dieisian of LOW Services errral V Xspha 0 June 16, 1997 Gary D.Suter,Town Accountant 120 Prescott Street West Boylston,MA 01583 Rr Approval of Municipal Light Department Expandinm,, Our File No.97,,06 Dear Mr.Sutmr You have asked for s legal opinion comrndng the necessary sigahmse on tea municipal light department's"weekly warrant". We assume the er,alditume on this warrant indudeboth payroll and other bills payable. While not completely free from doubt,we owldtde that the signature of the light department manager and a majority of the munidpal light board on billn payable vouchers would be required for the town accountant to draw a warrant and for the board of selectmen to approve it,under GL Ch.164,9-M and G.L CIL 4§a6. With respect to light department payrolls,loweVw,we think the board may designate one of to members to sign,as permitted by G.L Ch.41,§41,along with the light numager. Such a designation does not limit the responsayiany of each light board member in the event of an improper payment In pertinent part,G.L Ch.164 656 and G.L Ch.41,§56 require only the board of selectmen to approve warrants prepared by the town accountant ..All accounts rendered to or kept in the gas or electric plant.-shall be subject to the mmspectian of the selectmat '11e...selectnmen...may require any person presenting for settlement,n account or claim against such plant to make oath before...them,in such form as_.they may presrabe,as to the accuracy of such account or claim Thi'-. lffi��.ahaR eneeove[1e yavmone nbyn`P4YY�jt' f b per' before they are maid by Bae h49Y71�,and may disallow and refer to approve for payment m whole or in part,any claim as fraudulent,unlawful or excretive,and in that case the... selectmen... shallfile with the... town taweurer a written statement of the reason,for the refusal;and the measurer stall not pay any claims or bill so disagowd. AW.2ectitms6411 no53hLidy�ebCpau�m>l�rld_on a mwnas., ..y,,:,`y b1 n,.r;,,,,.fires-fiv-L2siz)� Mg.inclusive,of chater n r _,.G.L.Ch. 166,556(emphasis added) . ... The rows accountant shall examine all such bills,drafts,orders and pay rolls and,0 found correct and approved u herein provided,shall draw a warrant upon the treasury for the payment of the same, and the treasures shall pay ro money from the treasury except upon such warrant approved by the Mecemen_.G.L.Ch 4L§Sts. 15nli.*e Roe*55,!baerm lea of 114%56 Tat 61764 as .Far JI,&%-� on roar<ntl�l TJ"N OP READING PAGE 02 oC 11'110-713.31 FAX 117 111 1330 DIV OF LOCAL SERVICE_ 4003 mwo sw Faso x [In the original act authorizing municipal light deparunents the light manager was given sole authority to expend and approve warrants for payment of Light department bills. St Mt Ch. 370,§@C' and the payment of all bills incurred[by the light departmenfl shall be initiated...to one officer...Such officer shall be(mown as manager ..)• In 1893 towns went authorized to elect light boards which were empowered to appoint light manages St 1893,Ch.454,Slo. By St 1905' Ch.410,§3 the pertinent statute provided that"[apl bills Chargeable to the plant or the appropriations therefor shall be paid by the treasurer on requisition by the manager or municipal tight hoard,if Amy.' This language remained in St 1914 Ch.741,§113 but was ruminated and replaced with the Current Clause by St 1929,Cot 166.1 Nothing in Chapter 164 currently provides for any specific approval of warrants by the municipal light board or the municipal Light manager. However,G.L CIL 41,§56 also provides: ... all bCad&Comminew,heads of dgpAgUGC0U and offfa=avthori7A to ex =d Mmi a shall approve and traaaut to the town accountant...all bills,draft,orders and pay rolls chargeable to the respective appropriations of whkh 01ey have the o9erditure. Such approval shall be given only after an emminatlan to deesrmha that ft dwgm are correct and that the goods materials or services larged for were ordered and that such goods and materials were delivered and that the services were actually rexiened to or for the town as ft use may be;...(emphasis added). We believe the muntdpal light board should be considered the head of the municipal light dep-ftn-%L G.L Ch.IW,556 provides that the light board in a town which has established such an elected body,"shall have authority to construct,purd%,sae or 4aae a gas or electric plant In accordance with the vote of the town and to maintain and operate the same:' Howaver,G.L Cls. 166,§=t requires that the light board act through a Light manager which it must appoint but who will be under the direction and control of the board. The light manager is an officer authorized to make Contracts for the day to day operation of the plant and is therefor authorized to expel motley. See Q t b k v Westfield Qs&F CCUiC ' bLUg#A 32 Mats.App.CL 954 955(1992); CAyj ^y Ta,W3M 196 Mase.41,"(190 . This organizational structure is similar to that of a sdnool committee/superintendent in which the sclool committee retains statutory authority to establish educational policy and to Allocate and transfer funds for specific spending purpose. Based on such retained authority,we have indicated that a majority of the school maul tiae mat sign requisitions for payment of bulls under G.L Ch.41, 06,as well as the superintendent and principals when they have beet,given separate statutory authonty to make contracts for the xhocl department We therefore conclude that the municipal light board as w 11 u the light manager must sign payrolls and bill requisitions Ln order to irdttate expenditures Crider G.L Ch.4,§6,when Joint authority is given to a group of officers,s majority of the vtntire group must vote in order to take action. Thus,a majority of the light board must sign to j initiate payment of light department expenditures. Anexceptwri to this requumnenthasbeern .rD given m munidpal,ornaamiors,romouttees or board of t,,t,m when signing a paym0L G.L.(h 41,§41 authonzrs such a body to designate one of its mambas to make oath to a payroll. Itis not nnn 1e:6b 61'9429037 01.N OF P 01i 11. 00 13.3e FAX 017 024 2330 E40ING DIV OF LOCAL 9EItVICEs PATE 03 3mV D.SUM Praa a mmpietely dear whether such authonty would apply to a mutddpal light board,given that in some law the light department is Considered a municipal departmentbut not in others. We note also that GL Ch.41,§41 is not incorporated m Chapter 164 as is the awe with G.L CIL 41,§56, which is incorporated by reference under G.L.Ch.164,§56. Nevertheless,we believe the mechardsm provided in G.L Cir.41,§41 provides sufficient protection of light department funds in light of the oilier safeguards otherwise provided in G.L CIL 164,§56 and G.L.Ch.41,§56. Thus, to the extent the light board spedfially votes to designate one of its members to make oath to the payroll,we think the signature of that designee,when combined with that of the light manager, is sufficient to initiate payment of the light department payroll. We hope this addresses your concerns. If we may be of further service,please do not hesitate to contact us again. S, l Jo ommisaat�/ . -U RUBIN AND RUDMAN LLP # • Cour+sst�oes .*t.Aw ao Rewe,WMAar 9OSTOM. MASSACMVaap•"T"S Oei�e-aDe ay TmsonoNe. ,ein SSe >eoe • FACS-M1Vi p- '_C iS0.aaae • N' a q„eeUS'"RUOM"Co' i MEMORANDUM By Telecom To: Leonard Rucker,General Manager Linda Rental,Assistant Manager Reading Municipal Light Department From: Kenneth M. Barna, Diedre T. Lawrence,Kula J. Doukas Re: Process for Payment of Payroll Warrants Date: February 14, 2000 INTRODUCTION 1 . On behalf of the Reading Municipal Light Department("RMLD'•),you have asked us to render an opinion on the process that RMLD must follow for the payment of payroll and other light plant expenses. On June 16, 1997,the Department of Ravcnue("DOR'l issued an opinion on this very matter, in which the DOR concluded that the signature of both the Manager and a designated commissioner are required to authonze the payment of warrants for the light plant. We have researched all relevant statutes and caselaw, and we have reviewed the opinion issued by the DOR as well u the Reading Town Charter with regard to the powers of the • municipal light board. Based on our research and our knowledge of the mechanics of municipal .� • 0A plants, we respectfully disagree with the :)OR opinion and conclude that only the s - Manager's signature is required to authorize the payment of warrants for payroll and other a RUBIN ANO RUDMAN LLP expen, on behalf of RMLD. We believe that the DOR opinion is not binding on RMLD. The DOR has no authoab aver,municipal us.cr_ Tuu..^e This Memorandum is being rendered pursuant to G.L c. 164, § 56. DISCUSSION 1.Authortty and Responsibilities Under C.L. e. 164 • Municipal light plants operate pursuant to authority found in G.L.c. 164, if 34-69, not • under the laws governing towns and other town departments. The Supreme Judicial Court Y� a , ("SJC'j has recognized G.L. c. 164 as the primary and,in most imtanees,exclusive statutory authority governing municipal light plant operations. SV,L.L Municipal Liobt Commission of Taunton v. City of Taunus 323 Mau. 79.84(1948); MacRae v.Concord. 296 Mass. 394 (19371. G.L. c. 164, § 56ex�raail essigru the plant manager the obligation to attest to expenses submitted for payment. Here,the statute states,"The manager shall at any time,when required by the mayor, selectmen,municipal light board, if any,or department,make a statement to such officers of his doings,business,resceinta,disbursements,balances, and of the indebtedness of the town in his deoarlmen ."G.L. c. 164, § 56[cmphssis added). Although G.L. e. 164, § 56 refers to G.L.c. 41, it does not invoke all of the requirements of G.L. c. 41. Section 56 only keeps # *teat the power of town accountants under G.L. c. 41, if 55 - 61. As described below, the a , statutes governing the power of town accouman[s do not require the signatures of fight plant commissioners or otherwise davest the Manager of any of its authority granted under G.L. c. 164, 156 over the management of the p4m. Accordingly,because G L c. ',64, § 56 designates the -A Manan"as the person responsible to account for receipts and disbursements, and other financial �/ rates_+ 2 RUBIN ar.o RUDMAN LLP maoen,we conclude that only the Manager is required to sign warrants for payroll and other expenses, In further support, the special statutes creating municipal light plants and the statutory scheme of G.L. c. 164 grant light plant Managers and light plant Commissions exclusive and ' 0 1 unrestricted managerial power.J g,ems,. Municipal Light Commission of Peabody v City of Peabody'348 Maas. 266,268 (1964); ,Municipal Light Commission of Taunton,323 Mass. at 84; Cwm v.Tauntan. 196 Mass. 41 (1907). In particular,G.L.c. 164, § 56 plata the day-to-day o ep rations of the plant into the hands of the M. n%sr, including the hiring of crop 3, collection of bills,and keeping of accounts. The statute provides in pertinent part: The mayor of a city, or the selectman or municipal light board, if any,of it town acquiring a an or electric plant shall appoint a manages of municipal lighting who shall,under the direction and control of the mayor,selectmen or municipal light board, if any,and subject to this chapter,have full chase of the operation and management of the plant.the �. manufazture and d' tribution of gas or ctectricity the vum�aU ova, r+t.> I_h- ttTe Flo went of anoane9s and of agents and servantsthe method time once.quantity and .� quality of the supply.the collection pCballs,and the keeping of accounts .... P The Court of Appeals in Golubek v Wcatfield Gas& Elec. Bd., recognized that this 1 provision expressly allocates the administrative Conations of operating the plant to the Manager w"t to the Commission. 32 Mass.App.Ct. 954, 953(1992). In this regard, the court concluded that G.L. c. 164, § 56 only grants the Commission the power to give the Manager Samuel directions. ld. at 955.56. Consequently, when a Commission undertakes a responsibility specifically granted to the Manager,the cemmissson exceeds its authority. Id. As stated above, G.L. c. 164, § 56 expressly subjects the llanager to :he attestation pme"s. Thus, undo Gotuhek.only the signature oC:he }Tanager is required for payment on a •asses + 3 -moo 11 1,Uu ib:It . ,5 • RUSIN Ano RUDMAN LL' f - warrant. 2. The Manager's Authority Under G.L. c. 41 The court's decision in Crolubint also s ant`de for the proposition that the Maturer is the appropriate person to attest to payrolls and bills under G.L. c. 41, §41. That statute provides that: No treasurer or other fiscal officer of any town or city shall pay any salary or compensation to any person in the service or employment of the town or city unless the payroll,bill or account for such salary or # 1 compensation shall be sworn to by the h•ad^rih- liepa t or the person immediately responsible for It" the appointment, employment,promotion, or transfer of 1 , the persons named therein... G.L. c. 41, § 41. This provision allows either the department head or person directly responsible for the employees to attest to the payroll. Golulick clearly establishea that the Manager is responsible for hiring employees under G.L. c. 164, 156. 72 Mass.App.Ct. at 955. Moreover, the anagei s duties and the lack of the Conmisaion's direct administrative authority over ILMLD also ortablioh the Manager as the deprnmcnt het. Thur, the Mi aage�'s�anar r4ty sufficicat, and in fact all that is reeuired, torclease the payment of payroll expenses under G.L. c. 41, § 4l. Given !hat ;he Manager is :lie department head of RMLD, only his sig snore is required # under G.L. c. 41. § 56. That statute states in relevant pari: zt the selectmen and all boards, committees,heads of r - depar nimm and oinccrs authorized to expend moray @hall aoorave and transmit :o the town account as often 'I is once each month all hi Ils. drafts. orders and pay ro.Is chargeable to :he tespecnve appropriations of uN aa1 4 r✓o :4 _UW .o:b Jb 1 , RUBIN Ano RUDMAN LLP which they have the expenditure. The town accountant may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent,unlawful or excessive, and in such case he shall file with the town treasurer a written statement of the reasons for such refusal.... G.L. c. 41, § 56. Nowhere does this statute require the si®amres of any Commissioner. At beat, R it only would require their approval. Such approval by the light plant"shall be given only 1 - after m examination to determine that the charges are correct and that the goods,materials or services charged for were ordered and that such goods and materials were delivered and that the services were actually rendered to or for[the light plant)"G.L. c. 41, 4, 56. The Commissioners initially grant their approval for such expenses when they vote an the budget,which includes employs salaries. Municipal light plants, such as RMLD,aro not \1 regdsted by Town Meeting or town o@Icials as us other town departments. See Municipal 7 Ile r iaht Comm'n of Peabody,748 Mass. at 277. G.L.c. 164, 157 provides,in relevant pan, that JUNUM's Manager is to submit, each year,to the Municipal Light Board: . R an estimate of the income from sales of... electricity to private customers and of the expense of plant meaning the gross expenses of Ye operation, maintenance and repair, the interest on the bonds, not" of 1 . certificates of indebtedness issuod to pay for the plant,an amount of depreciation equal to three per cent of the cost of the plant exclusive of land and my water power appurtenant thereto,or such smaller or larger amount a the department of public utilities may approve, the requirements of the sinking fund or debt inured for the plant, and+I loss, if any, in the operation of the plant during the preceding year, and of the cost, as defined In section fifty-eight,of the... electricity to be used by the town. The appmpnations necessary to authorize the Town Treasurer to •.use RMLD funds for the ..cxpeme of plant;' as defined in G.L.c. 164, i 57,:herefore, are made by vote of the ?MLD 4c.."_+ 5 RUSIN AND RUOMAN LLP Board upon the budget submitted by R.MLD's Manager, and not by Town Meeting vote punuanL to the provisions G.L. c. 44. 19. After such expenses are incurred, the implied approval of the mfr 1 , Com ninioners should satisfy the requirements of G.L. c.41, § 56. Even the DOA concedes that the commissioners need not approve each and every requisition: the DOR concluded that the statutory requisites would be satisfied if the Commissioners designate the manager to initiate payment of the light plant payroll. 3. Role of the Selectmen In any event, the auditor, treasurer,or selectman cannot deny payment under this section ' fm commissioner's"signature,"of the comm "signature," Payment only may be denied in the case of fraud, '4r illegal or excessive expenses. SU G.L. c. 164, § 56;G.L. c. 41, § 56. The Selectmen's role in the warrant process for a municipal light plant is set forth as follows: b 1 , ...the selectman...shall approve the payment of all bills or payrolls of such plants before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim es fraudulent, unlawful or excessive; and in that case the...sclectmen, shall file with the...town treasurer a written statement of the reasons for the refusal; and the treasurer shall not pay any claim or bill so refused. Although the payment of bills and payrolls of the light department is subject to the prior approval of the Selectmen, the nature or exercise of that power must be consistent with the very restricted :ale thin chapter 164 permits este municipality to ally in the affairs of i:s light department. Chapter 164 effectively separates Ilght departments from:he Seicctmen's general authority oser $e appropnatiuns for:own departmerts under G L. c 41, 156 See, LL, Taunton, 323 Mass. at ( 14. Thus, the Sal eetmen ray not make Indeper dent evaluations of Che necessity or wisdom of 1 t 1 . :osaee_t � RUSIN AND RUDMAN LLP t� 1 _ any such payments,or in any wry exercise a business;udg>rtem with respect;o such payments. Jgg MImicioal Cight Cnmrn'n of Peabody,squa. Any other interpretation would«ndeCthe S1C decisionsin Taunton and P a o y, and the authority conk ed by G.L�uupauhh commission and manager a nullity. Under this statutory framework,the Selectmen s function clearly is limited to evaluating a request for payment for evidence of fraud or illegality. They are not authorized to mandate procedures for payment more stringent than the statute provides. In addition, the Selectmen's authority to disapprove payment also is subject to the procedural prerequisite that it be accompanied by a written inatemcnt of reasons. Speci9cally, the statute employs the mandatory"shall"in describing the accountant's obligation to provide such a to '/ 1 statement. Sn!�-itv A 4 nA Trust Co v Board of Bank lncomomtion, 364 Mw. 29, 31 (1963);Arenn'n v Elccilon Cornmiss'oners of Horton.310 Mass. 794, 786 (1942); IA Sands, Sutherland Statutory Construction, §24.04(4th ed. 1972). Thus, the Selectmen cannot withhold their approval of the warrant without providing a statement of reasons showing illegality or fraud. The failure to obtain the signatures of a majority,of the Commissioners or a designated Commissioner is not sufficientander the statute. 4. School Departments Differ From Municipal Light Plants Finally, the DOA's comparison of municipal light plants to school departments in i reaching its conclusion is misRac�ed. Municipal light departments and school departments differ p several important respects. First, unitke with schools, towns have no inherent authority :o 1 operate li St ants. The authont of a municipality o operate an electric :i t plant is conferred P B• P'� Y P Y ' P 9h igen ally by Cir.L q" 164, $ 34, which provides that a city or :awn. "may. in accordance with this a;anea � 7 -u RUBIN Ano RUDMAN LLP chapter, construct,purchase or lease and maintain within its limits, one or more plants for the rnaaufsture or distribution of gas or electricity...for municipal use or for the use of its inhabitants." Sof§lag G.L. c. 164, 135 (city may not acquire such plant until authorized by vote of its Council or Commission, as specified in the statute). tinder G.L. c. 164, 155, a municipality which has established or votes to establish a light plant'tuy elect a municipal light baud..." dOL. c. 164, § 5 S. Municipalities were divested, early on,of control over the management of light 1 , plant operations. Capron v.Taunton. 196 Mass. 41 (1907); Whiting v. Mayor of Holyoke 272 Mw. 116 (1930). Under the statutory scheme of Chapter 164, municipal light departments such as RMLD operate and are managed as commercial enterprises, separate and independent from general town governmental departments and subject to regulatory oversight by the Department of Telecimmunications and Energy("DTE").' Taunto 327 Mass. at 84. As such, a umcipal light plant officials act under the legislative mandate of G.L.c. 164 and not as agents of the towns. (Q, Municipal light plants are"quasiwmmereitl"entities created by special acq municipalities # themselves have no inherent rights to own and operate a business in the absence of special g„ -- s legislation and the enabling,st ilua4s, Found at G.L. c. 164, §§34 41. M. SU,9B, MKIN, 296 Masa. at 396, Spaulding,v. Peabody, 153 Mus. 129, 137(1891). Thus, without G.L. c. 164, a s town would not have the cght to operate a municipal light plant. MacRae, 296 Mass. at 797 Seccod, unlike schools, municipal ! t ants us Cnar. q` P Bh P' ciallYdistinGt eptiRCs. See Middlebono2h v. `.iddleboreuah Gu fir Elm Dent, 422 Nfass. at 588. Municipal light plants .e4<ae_t g ' ':L .. _._. 1•.n. u. RUBIN ♦NO RUDMAN LLP Zr generate revenues from rates, not taxes and the SIC distinguishes these two types of income. • income from sales to private cwtomcrs is not subject to the appropriations procedures of G.L. c. , ifor the control of the Selectmen. Municloal Liaht Comm'n of Peabody, 348 Mass. at 271. 1 _ Although school departments have some degree of autonomy with respect to fiscal marten, the relationship between towns and school departments is much more intertwined.SM jtmeraH Board of Ed. v. Boston, 386 Mass. 103 (1982). Accordingly,simply because school departments retain some measure of freedom. that freedom does not equate to that possessed by municipal light plants, nor does it support the proposition that the light plant commissioner should be considered department heads. School departments and tight plants operate under two distinct statutory schemes. J.Readin__. g Town Charter a , We also note that the Reading Town Charter does not require the signatures of any of the b y 1 . Commissioners to authorize payment of RMLD's warrants. Section 3.5 expressly give the municipal light board authority over"all real estate, facilities, personnel and equipment of the Town pertaining n the production and transmission of electrical power." That section also acknowledges the powers given to municipal light boards under G.L.c. 164, § 3453 iM The Town Charter to noway abridges, nor could it, those power at she powers of the Manager. As such,the Manager remains the"department head,":hat person in charge of the dayto day operations of the plant, especially with regard :o:he administration of ucounrs,payroll, and A. • ' The DTEl,upennary auewnty over munmipal�.;M ptaau .. o,nNcam ten m.DOR luno eu,horlry to bane • Ara Overt t procedwesto be followed by RMLD err uy >d r�umiapol i;ht pl a ar RU81N No RUOMAN LLP other light plant finances. Accordingly, RMLO would not need to seek a modification to the Town Charter to give the Manager the sale authority to sign warrants. CONCLUSION In sum, we conclude that only the Mwsgcr's signature is required to obtain payment of payroll and other expenses. Our conclusion is supported by G.L. c. 164, 6 56, as well as the t* specific requirements under G.L. c. 41. s - Please let w know if you have any questions on this matter. i� rh nue♦ r .Q I'uge I .a Vincent Cameron From: Bo or Gina ibogma004eanMlnk fell Sem: Sunday July 08 2012 9 OB PM To: Vincent Cameron Cc: Phil Pacmo Bob Soo. Marsle West Bob Fournier Jeanne Fob Subject: Account Payable Sgnmg from 2000 1 it [ill loss up on the question of account p;nahles. iI ippicav, limn the minutes I+s•loss that the issue was to go w Palm Meeting in 2000 -did this happen and what was the outcome:' It also appears Thal there was if brief from HCR. is that a%ailable:' Heading Municipal Light Board Aoinl )lectin¢with Town (Hkildilly_-Selectmen + d MILD Round of Commissioner on the Issue of SilLnotil tin RMLD Warrant and Pay rolls Heading rown Ilall Ib Lowell Street, Heading, MA 111867 September S, 2000 Stan rime,tf Meeting: 7:45 p.m. End Time of Meeting: 8:20 p.m. ,Mtendee+: Commissioners: Meirsn. .\mss, Ilughes, Pacino, Burditt and Swyler WNILD Staff- Mr. Husker and :\h.C'asagnaro C %R Member: Mr. Huger Lessard <:ucsls: Altnrnq-s Ken Buffe. Dicdre Lawrence,and Ted(',then Selectmen: Messrs. Nestor, flints, C'ummings". Mires. Ilayt and Anthony *Mr. Cummings arrised all the cnd,tf the Warrant Signature Issue Town Stall: Messrs. Ilcehenblcilkner and Foley. Ms.Schen¢ \Ir. Nestor noted the Heading \lunicipnl I ighl Ituard had their eurnurl. present .Is well ds I own Counsel I ed l '41"1 1 Ie noted that I'.ter .md Ile had ialkcd al,aul the item nn the ;lu•nda. and had included inthnnution ht the package. e�arclryatJenee.and a legal fillet bran Rubin and I U11111 n. \Ir. Ne,htr.skvd \Ir. I Icchathlelhner In stunntar/v the iteuc Iv lo,c the liCIcorivn. Mr I IeJtenhl.dner 11,acJ Ihat the I ialtl Hn,lyd had requested it, meet it alt Ih. Ho•Ir,l of N.I..rtnen. ,Ind 111-11 '11, 111c is the pn.c.ls rcywred In the I„un for y.prnt.J nl I ichl I)aenv nem hill InJ pns roll.. \Ir I I.Jtcnhl.iAf.r na.J �w ,v J.r I the Iron l h.idea d!e La,n \Lm,mcr •cn1 .III Ih: p.nndl Ian' Ila I ntn .ns ludul_ .,I�n�.d1 ,n IJ hetet d.p.u'Iman. \It I lee henhled nee nnteJ '.h. mt.r.1i n n 'hr Gehl J.p.0"loon hat nip I .nnd.v.Ihllitt. ih.n it. a nwr. Imuted .Igo nll'r,dher 'ban Irlt ane Ih. •:nll ntroih.l.lup l Iter I _PI Krol lolls p,n.d le m,l ;.lt roll. Mr Ik;h.nbkik l.r. l :n Rus l.r. I.d ("also rIJ ILs h.lol oda !• i,l na I nennh ��r I.,,� reu 10 ,I11nnl IIIc 111,1. 1 ht. tt.n h. .isunydidt wh.n i1 r.q,1..l.1l .1 1111 R. I,Ilne IIL"I'e Hld. l 4.�n.r \Ir le0m,Ill,, r rl.l n, �ic,h.ur In rt :.shin nnI R olm in and site sonlr.lrt 'stet, lr,.m lilt Ix .14 _Ip,l •h. 'laths I i 11age ® nitnn,r:uldnn gic in9 their opinion that a sununan judgrnitm by a coon auulJ delinilely .rule the ale. Mr. Pacinu vypmsxd the 1 onunissiun position. \Ir. Pacino noted the(•onmtission would like to CCI to the point when the Commissioner wiale.1111"1191he11hsckcs.one signs the hills contplcich liar the paper m%ICN cavil little. \Ir. Rucker pplintexl out that the fown and the R\II.1)report to different regulatory agencies %%ith dillirem perspecti%es and the laws that 9wem the %so cntlties.re:rnncNhat dif etrent. Mr. Rucker no:cd the Illllxrta11t factor is logistics. 4emas a %%eck delay in approgds might have been acceptable pr:clicc in doe past. 1n the 11111puter age such dela%s are unatecptahle. the ( MMIlissionen hale jobs and lines and arc not alaa%s a%ailable it, RSII.1). 11\m"si%c 14,ard and Scleumen discussions ensued. lar. I Icchenhlcikner noted the issue is nut it'legalit, the issue it is a dillimncc ol'opini"n he%seen R%11.DY counsel. 1"Nn Counsel and the DOR. Mr. I Iechenhleikntr noted thele could he a charter change ora declaratorw judgement through the court. Mr. I lines asked whm had changed to bring the isauc UP al this lime. Mr. Anes explained that the recent West 11oykton decision ellirti%cly stripped the Light Boards of any Ix)%er to prevent it pay nlcnl that had been approved by the light department manager. so that the only ® waslm tar rtsie%% of hills and payroll by Light M,ards was one ol'husiness prudence. Mr. I Icchcnh l e i kncr noted that bclion the chancr change the Scl"Innen all had to sign the %armn is. Mr. I Icchcnhlcikner alsro noted Ihot the aarranl costs September 26th lior pall I'm%n Meeting. Mr. Neslur asked hoe we get trout here to then. Mlr. Vcslur made it motion scconded by %Is. 1141p that the Itoard ul'Selcomen reyuesl fawn \tanager and I ,%sn l•"unscl and fo%cn \ccounlant t"doclop language lir the suhsequar Tuan %letting I(,achiese the change miluircd to allow the \lunicilxd I.ighl Board a)h;%e one member mid the lhntrd Manager it,aulhurire paymcnt oI hills and pm roll. %fulinn carried 4:II:I. \Ir. ('umminls abstained from Ibis discussi..n cusen re,as he aas vol present fur the full it rile o,p% nl the IC\II I) It,,.rd ,d1 „nnnis.i„nen 1. '"'I"I Ies 11111L,%id h% Pc ma 1,in l% el It1C/ ,glplli..hgt. \Il.m I \n1c. I 'nl ' READING (MUNICIPAL LIGHT DEPARTMENT Ra ICbI LD Ihm d of Comm..mot n It, 11, 2012 Pram: Vinnie Cameron % W(''' it"UtA,.. Subject: Account Payable Warrant Signature Issue At the July a_i• 2012 RMID Bard meeting, the RMLD Ikoard adopted the recommendation of the RbII D Board Policy Committee to refer the Account Pay.ible Warrant Signature issue ho the Massachusetts Attomov General's (:\G) Office for a determination. I did not comment on this action at the R\ILD Ikoard meeting tteause I needed h) ,malyre the ramifications of this decision. I Iowerer,attar considering the proposed action. I offer the hollowing. What happened in the pmt with respect to this issue? In II)W. the MILD broached the same issue (ane signature on the Account Pavable Warrant) with the lawn of Reading. In Ier)7, the Department of Revenue (IX)R) had rendered an opinion for West Brvlston, stating that municipal light plants need a majority of their Board .Olemhen to sign the Account Payable Warrant. In 2(MM), the RMI.D asked Rubin and Rudman for an opinion on this issue, which stated that only the General Managers signature was rquircd on the Account Payables Warrant. (You were sent copies of both the rX-)R opinion (7/12/12)and Rubin and Rudman opinion(7/9/12)by e-mail.) At the St•pumtxr i, 201M) Reading Se•lectmen's meeting (minutes attached), the RMLD Board WriAx•rs and the rown of Reading tiodt%tmen discussed the .\count Pavable Warrat signature issue and it was agreed that one RAILD Boani Member would sign the Account Pavable Warrant and the ruwn C'hertor would he amended to reflect the change. According to Chairman Pacino, the issue lost tra tion hOore it went befory ruwn Meeting. What is happening pretie^tlY? I hat c thao.nw•d the.\ccau nt Payable Warrant Signatu ry issue with the Reading rout Manager .end it is bis comvnt nm that the Rcaehng Io uvn Charter rcaµums that a majority of the R\II D Board n mlmnvl h,sign the Account Payable Warranl. the RMI 1) I'tdtc\' Conon ttev ut;g,-is rvtvr,ing then ,u, to thv \k; Ind the (:SII 1) lt,,rrd o,•neurnd wth this .0 tion. It a nod ;Isar to nmv that flu. \(. hen .uw .l•, ,it is i0lum1% .-ter nnum ipal livht l'Lnols. Ihv \G" IIT o Jceb to ath , uirs .end nsn+ r,g rdmg their Loo al loos .unl , ".h n. l bahtor I•a1 n tl•e \lessee bin, ns tsmr.d I.ny 111I4.1 , that t, eves nnurn ileal light P6uus nm I,I'us a It, Ihao, m, .. ( bolder bo l ,Le so t 'Pa o me.dly Odder hese inane aig tutu rt s ire ,saloon,t• n.m \u„unt l'.I It, l\a rco nl. • the 14971htR op in IUn fns the FJ1en Uf West MI, (,ton ft-ternd to.1 i, sill out 111,ft.and I don't know that .mV ll.tssochusetts (-neral Iews 11.1ev .hangad which would alter that opinion. (:ken the tads atxwe, there area Iew umm.wrred questions surrounding this isnua•. I recommend that tha• R111.D Ik.arl reconsider 6 decision to go to the :\G with this issue. Ilhe R%11D floard should meet with the 4•Iednum and discuss this issue 1x.h.re rapinring other aecnua,of relief. 0 � ! i | ! § ( | | | | � | ° � • ! � | , z ` . ; 1 . , . . . | ! , � � | ` � ° ! . . ! | . ; • ; t - _ �( /! /| ■■ /; G d Z. 1 N,: �,. ! § ■ ( 2 � . §_ �!_ ®! ■,_ .n= !_ ./ [ / = w � : � � � ; <■ � :§ i§! §■■ !�; ) § / ! � � , _,. !■ §; / - ,r, !§| f\) �. . � ;,e : a!£ ,!2 . ,! o: . t� ■ Account Payable Warrant - September 21 Page I of I Account Payable Warrant - September 21 II&Jeanne Fob Sant:Monday,Septemtxer 24,2012 6:57 AM To: Accounting Group Cc: Vincent Cameron; Patricia Melllno Good morning. There were no questions for the Account Payable Warrant - September 21. Thanks. Jeanne Fod Executive Assistant Reading Municipal Light Department 781-942-6434 Phone 781-942-2409 Fax Please consider the environment before Printing this a snail. • https://owa.rmld.com/owai'ae—Item&t=1 PM.Note&id=RgAAAACOkZ IrIkKLQ6uB L6Pyd... 9/24/2012 Account Payable Warrant- September 28 Page 1 of 1 Account Payable Warrant - September 28 Jeanne FOU Sent Monday,October 01, 2012 7:00 AM To: Accounting Group Ce: Vincent Cameron; Patricia Mellino Good morning. There were no Account Payable Warrant questions for September 28 Thanks. Jeanne Foti Executive Assistant Reading Municipal Light Department 781-942-6434 Phone • 781-942-2409 Fax Please consider the environment Wore printing this a-mail. • https:/Iowa.rmld.com/owa/?ae=Item&t=IPM.Notc&id=RgAAAACOkZl rIkKLQ6uBL6Pyd... 10/1/2012 AP QUESTIONS 10-12-2012 Page I of I AP QUESTIONS 10-12-2012 Patricia Mellino Sent,.Tuesday,October 16,2012 8:16 AM To: Accounting Group Cc: leanne FOU; Vincent Cameron Good Morning, There were no questions for the October 12,2012 Accounts Payable. Thanks. Patty Mellino Facilities Operational Assistant Reading Municipal Light Department Phone:781-942-6113 Fax:781-942-2409 A Please consider the environment before printing this e-mail. https://owa.rmid.com/owa/?ae=Item&t=1 P M.Note&id=RgAAAACOkZ I rlkKLQ6u B L6 Py... 10/22/2012 Account Payable Questions - October 19 Page I of I Account Payable Questions - October 19 • Jeanne FOU Sent:Monday,October 22, 2012 12:20 PM 7o: Accounting Group Ce: Vincent Cameron;Patricia Mellirq There were no Account Payable Questions - October 19. Thanks. Jeanne Foti Executive Assistant Reading Municipal Light Department 781-942-6434 Phone 781-942-2409 Fax Please rside,the environment before Printing this a-mail. • • haps:/;owa.rmld.com/oww?ae=1 tem&t=1 PM.Note&id=RgAAAACOkZ I rlkK LQ6uB L6Py... 10/22/2012 Payroll - October 22 Page I of I Payroll - October 22 ® Jeanne Fob Sent:Tuesday,October 23,2012 7:15 AM To: Accounting Group Ce: Vincent Cameron; Patricia Melllno Good morning. There were no Payroll questions for October 22. Thanks. Jeanne Fotl Executive Assistant Reading Municipal Light Department 781-442-6434 Phone 761-942-2409 Fax Please consider Me environment before printing Mis e-mail. • bttps://owa.rtnld.com/owa/?ae=Item&t=IPM.Note&id=RgAAA ACOkZ I rl kK LQ6uB L6 Py... 10/23/2012