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HomeMy WebLinkAbout2006-05-17 RMLD Board of Commissioners Minutes, oG 6 Reading Municipal Light Board of Commissioners Regular Session 230 Ash Street Reading, MA 01867 ' May 17, 2006 Start Time of Regular Session: 7:40 p.m. End Time of Regular Session: 10:00 P.M. t ' Attendees: Commissioners: Messrs. Pacino, Soli, Hahn, Mses. Kearns and O'Neill RMLD Staff: Messrs. Cameron, Dion, Donahoe, Fournier and Seldon Mses. Antonio, Cavagnaro, O'Leary and Parenteau Citizens' Advisory Board: Messrs. Lessard, Carakatsane, Norton and Herlihy Liaisons: Mr. Goldy, Town of Reading Board of Selectmen Mr. Bolger, Town of Reading, Finance Committee Chairman Pacino called the meeting to order at 7:40 p.m. Chairman Pacino said, "This meeting of the Reading Municipal Light Department (RMLD) Board of Commissioners May 17, 2006 is being broadcast live at the RMLD's office at 230 Ash Street, Reading, MA. Live broadcasts are available only in Reading due to technology constraints. This meeting is being video taped for distribution to the community television stations in North Reading, Wilmington and Lynnfield." Chairman Pacino said that the Potential Customer Refund would be addressed first. Potential Customer Refund Mr. Cameron said that at an RMLD Board meeting in the fall, the issue of a customer refund was addressed. Mr. Cameron pointed out that the RMLD has issued such refunds in the past; however, he did not want to issue the refund in the fall because of the change in RMLD's reporting to a fiscal year. Mr. Cameron stated that also taken. into consideration were parameters set up for the Rate Stabilization Fund, Operating Fund, Capital Budget and the Deferred Fuel Reserve. Mr. Cameron said that based on these factors, the RMLD is suggesting giving a $3 million refund to its customers in June based on the same methodology utilized in the past. Discussion followed. Mr. Carakatsane made a motion seconded by Mr. Norton that the Citizens' Advisory Board recommends to the RMLD Board of Commissioners that it implement the $3 million customer refund effective as soon as possible. Motion carried 4:0:0. ' Mr. Hahn made a motion seconded by Mr. Soli that the RMLD Board of Commissioners accept the recommendation of the General Manager and the Citizens' Advisory Board to issue a refund to the customers in the amount of $3 million and the refund to be implemented with the same methodology in the future as used in past practices. Motion carried 5:0:0. Ms. ONeill said that there are newer members of the RMLD Board and that it would be helpful to discuss, at the next meeting, the Rate Stabilization Fund, Operating Fund, and Deferred Fuel Reserve levels of funding and how these figures are arrived at. Mr. Cameron said that the customer refund is going to be a separate line item on the customer billing. In addition, the RMLD has received the Calpine money of $42.5 million. Mr. Cameron said that the RMLD knows the difference between the Calpine contract and what the replacement power contracts are for each month out to 2007. Mr. Cameron's intention is to credit that amount in the Fuel Charge calculation for those months. Mr. Cameron said ` that when the RMLD received the money from Calpine, the RMLD's March books were not closed. The RMLD in March took the difference and put it in as a credit against the Fuel Expense in March. Mr. Cameron said this was also done in April and May. Mr. Cameron said that the February books were closed; therefore the RMLD was unable to credit that month with the Calpine settlement. Regular Session Minutes 2 May 17, 2006 Potential Customer Refund Mr. Cameron said that the RMLD would like to take the February difference between the Calpine contract and the replacement contracts and credit the customers in June based on the February kilowatt-hour usage. Mr. Cameron explained that this would also be a separate line item based on the kilowatt-hour usage in February because it is part of the Fuel Charge calculation. The RMLD is also replenishing some of the Deferred Fuel money because the Fuel Charge was not increased and the RMLD depleted its Deferred Fuel Reserve. Chairman Pacino asked if this refund would be based on the February kilowatt hour sales? Mr. Cameron replied that the amount of the Calpine credit refund would be based on February kilowatt hour sales. Chairman Pacino asked what the option would be for a customer who moved off the RMLD's system after February? Mr. Cameron replied those customers should contact the RMLD. Mr. Carakatsane asked if a customer who terminated in February would have left a forwarding address? Mr. Cameron replied he would have to check with Accounting to see.if a forwarding address was left on the final bill. Chairman Pacino asked if this would be a big administrative burden? Ms. Cavagnaro replied that to call those who left the system in February would be a nightmare. Chairman Pacino said that it would be more fair to credit the customers who are currently on the system. Mr. Cameron disagreed. Mr. Soli asked what the amount of a refund for a 500 kilowatt hour bill would be? Ms. Parenteau replied that the credit represents approximately $15 per customer. On another matter, Mr. Cameron pointed out to the CAB when the Board takes this up later in the agenda, there were two adjustments made to the Operating Budget. Mr. Cameron said that three out of the four members were present at the Operating and Capital Budget Subcommittee this evening. Mr. Cameron said that the CAB has voted and approved the 2007 Fiscal Year Operating and Capital Budgets. Mr. Cameron wanted to know if the CAB wants to reconsider a vote on this. Mr. Carakatsane said that the changes were administrative and there is no need to vote on them. Chairman Lessard said that he would like to see any changes to the 2007 Fiscal Year Operating and Capital Budgets, but no vote is required. Minutes February 22, 2006 Mr. Hahn made a motion seconded by Ms. O'Neill to approve the Regular Session meeting minutes of February 22, 2006, as presented. Motion carried 4:0:1. Ms. O'Neill abstained. April 19, 2006 Mr. Hahn made a motion seconded by Mr. Soli to approve the Regular Session meeting minutes of April 19, 2006, as presented. Motion carried 4:0:1. Ms. Kearns abstained. Regular Session Minutes May 17, 2006 3 Minutes Ms. O'Neill wanted to express her dismay that the March 29 meeting minutes are not available for approval. They should be sent to the Board. Ms. O'Neill appreciates the April minutes being ready for this agenda. Mr. Cameron said that the former Secretary has the minutes of March 29. Report of the Chairman of the Board Presentation to Annual Town Meeting, Town of Reading, May 1, 2006 Chairman Pacino reported that he gave a brief presentation on the Calpine issue, which was well received at Town Meeting. Chairman Pacino received a letter dated April 27, 2006 from Citizens' Advisory Board (CAB) Chairman, Roger Lessard. Chairman Pacino said that the letter recommends the 2007 Fiscal Year Operating and Capital Budget to the RMLD Board. Selectmen Liaison, Citizens' Advisory Board and Customer Comments Mr. Hahn reported to the Board that he is employed by a company called LaCapra Associates, which is an energy- consulting firm in Boston. Mr. Hahn said that they work for a wide range of clients. In the past they have done work for Reading Municipal Light. Mr. Hahn said that when he accepted the position of elected Light Board Commissioner that would preclude him from work that LaCapra is doing for Reading Municipal Light. Mr. Hahn said that Taunton Municipal Light issued an RFP for some professional services and LaCapra Associates responded to that RFP. It came to his attention that other municipals besides Taunton were participating to share the cost with Taunton and that Reading Municipal Light Department with nine or ten other municipals will share the cost of what we provide. Mr. Hahn said if LaCapra is successful in receiving this project from Taunton he will likely be working on it. Mr. Hahn said that the study was subject to the Massachusetts competitive bidding laws. They were one of three consultants that put in a response to the RFP. Mr. Hahn assured the Board that Taunton Municipal Light is extremely rigorous in that regard. Mr. Hahn said that if LaCapra is awarded the project he will recuse himself from voting on an issue that is related to the project. Mr. Hahn is making this disclosure to be in compliance with the Massachusetts General Laws. Mr. Hahn said he would send this letter to the Chairman and Town Manager. Mr. Goldy reported that last night the Reading Board of Selectmen by unanimous vote appointed Andrew Herlihy to the CAB. Mr. Herlihy informed his former colleagues that his position on the CAB is a different role and he welcomes that. Mr. Herlihy is looking forward to serving on the CAB. Mr. Bolger said that every time he comes to a RMLD Board meeting he learns something. Operating and Capital Budget Discussion Mr. Cameron said that the Operating and Capital and Capital Budget Subcommittee met three times most recently this evening at 7:00 p.m. Mr. Hahn said that as reported there was a meeting this evening as well as a couple of other meetings to go over the Operating and Capital Budget. Mr. Hahn said attention, scrutiny, and questions were asked of these budgets. Thanks to the effort of staff the questions were answered. The Subcommittee did vote to recommend approval of the 2007 Operating and Capital Budget while noting there were a number of issues that will need to be addressed as part of next year's budget process. There were good suggestions that some long-term items be looked at. Mr. Hahn does have a commitment to address some of these issues. Ms. ONeill said that she would like to see a five-year Capital plan or an overall strategic plan. Ms. ONeill would like to have the staff implement green power initiatives and re energize the conservation programs. Regular Session Minutes May 17, 2006 4 Report of RMLD Board Subcommittees Operating and Capital Budget Subcommittee (Commissioner Hahn) Ms. Kearns asked if the changes brought forward earlier by Mr. Cameron to the budgets have to be voted upon before the Board takes it vote? Mr. Cameron replied the CAB has seen the changes to Project 25 in the Capital Budget as well as the changes in the Operating Budget, which are included in the recommendation. Mr. Cameron said that the total amount of the Capital Budget this year is $4,730,095. Mr. Cameron explained that $2 million of the budget is dedicated to distinct construction projects. Mr. Cameron said that the RMLD Board received copies of the budget and it has been past precedent to hold the budget at $4 million. Mr. Cameron said that the RMLD will work on a capital plan as requested by Ms. O'Neill. Mr. Cameron added that the CAB went through this budget very thoroughly in a meeting at which Commissioner Hahn was in attendance. Mr. Cameron said that an adjustment had to be made on Reading Square streetlights, which transferred $53,000 to the Forced Accounts. It will not change the total budget. Mr. Soli said that Ms. O'Neill's suggestion that the RMLD Board have an overview for such capital items as the Retirement of the Lynnfield Substation would be helpful. Mr. Soli said an overview and schedule when this project can be completed will provide a means to measure progress. Mr. Carakatsane said that the CAB brought up that point at its meeting on the budget. Mr. Carakatsane said that they sought a similar need to analyze projects. Mr. Carakatsane said that the response from the Department was there* were new personnel that just came on board. Mr. Carakatsane said that the need does exist however, to provide proper analysis of the system and tie it into projects. Mr. Carakatsane said that the Lynnfield Substation is being worked on to make the system more reliable. Chairman Pacino asked if the RMLD would provide a five-year capital plan? Mr. Cameron replied, "yes". Mr. Cameron said that as discussed in the Subcommittee meeting, the RMLD will develop a capital plan. Chairman Pacino said that this should be incorporated as part of the Six Year Plan. Mr. Cameron replied that the Six Year Plan would still show what the projected Capital Budget would be. Mr. Cameron said that he prefers to manage to a number. Ms. O'Leary said that administratively any corrections suggested by the CAB or RMLD Board members for the Capital Budget would be distributed. Ms. O'Leary also said that an acronym page suggested by one of the Board members would be included. Ms. O'Neill said that at the Subcommittee meeting she and Mr. Cameron have a difference of opinion on the approach to planning. Ms. O'Neill said that the approach she would adhere to is to set the goal, what needs to be done to keep the system reliable, what will move the RMLD forward and what new initiatives need to be looked at, then set priorities. Ms. O'Neill said that she is not in agreement with just setting a number to work to. Ms. O'Neill said that the RMLD has to think of where it needs to go and what the priorities are to get there and the moneys needed to get there. Mr. Hahn made a motion seconded by Ms. O'Neill that the Reading Municipal Light Board approve the 2007 Capital Budget as approved by the Citizens' Advisory Board and the Operating and Capital Budget Subcommittee. Motion carried 5:0:0. Mr. Hahn said that the Subcommittee approved the 2007 Operating Budget as approved by the CAB. Mr. Cameron said that the CAB went over the Operating Budget line by line, at a meeting at which Mr. Soli was in attendance. Mr. Cameron said that the Subcommittee met for one full meeting on the Operating Budget as well as this evening for specific questions. Regular Session Minutes May 17, 2006 Report of RMLD Board Subcommittees Operating and Capital Budget Subcommittee (Commissioner Hahn) Mr. Fournier pointed out that there were two small changes to the budget. Mr. Fournier said that Draft One Net Income was $2.7 million; the new adjusted Net Income is $1.3 million. Mr. Hahn said that the Subcommittee met this evening and two other times as well, and there was lengthy discussion at these meetings. Mr. Hahn said the budget received a lot of scrutiny and any suggested changes at these meetings would be incorporated in future Operating and Capital Budgets. Ms. Kearns clarified according to the CAB motion the CAB recommended that the Board accept the Net Income at $2.722 million, but that number has changed? Mr. Fournier replied that is correct, but there have been two changes to bring this number to the $1.3 million. Mr. Fournier said the first change was in the Capital Budget for a reclassification of an item, which shows no change. The second change is a firm cost the RMLD received in its Transmission Cost (NEPEX), which is reflective in the adjustment. Ms. Kearns asked why the NEPEX cost could be off by such a large amount? Ms. Parenteau replied that when she performed the initial budget it was an oversight because she did not increase transmission. In reviewing the budget, it stood out to her and she contacted the RMLD's representative on the Transmission Committee. Ms. Parenteau explained that Northeast Utilities just put in $1 billion in transmission upgrades in Connecticut, NSTAR has put in another $225 million in transmission, and those costs are socialized in New England. The RMLD's consultant suggested that an increase of 50% over the 2006 budgeted amount is required. Ms. Parenteau said that total costs are due to the ISO by May 17 and now they can recover anticipated costs not historical costs. Ms. Parenteau also pointed out that the change in methodology and increase in construction costs are being passed onto all ratepayers in New England. Chairman Pacino had a question on LICAP; is there any affect of LICAP on this budget? Ms. Parenteau said that LICAP is a line item on the budget and is due to come in October this year. Ms Parenteau said it went from a cost of $10,000 per month to $335,000. Ms. Parenteau has budgeted $2 million for LICAP. On another matter, Mr. Soli pointed out that, in the years 2007 to 2011 the RMLD is showing under recovery of $9 million. Mr. Cameron replied that the RMLD is allowed to make an 8% Return on its Net Plant. Mr. Cameron said that these figures show the raw numbers against the RMLD's 8% Return. Mr. Cameron does not believe the RMLD needs to make its full 8% Return on Investment. Mr. Cameron said that the capital plan requires $4 million annually. Mr. Cameron said the money that makes up that requirement is from Depreciation and Return on Investment. Also, the payment to the Town of Reading comes out of that Return. Mr. Cameron said where it shows an under recovery of $1.8 million, the true under recovery is going to be less than that because the RMLD does not need to fund more than $4 million for its capital. Mr. Cameron said that recovering the total 8% may put $4.3 to $4.4 million into the capital fund. Mr. Cameron said the RMLD does not need to make up the $1.8 million but something less. Mr. Soli asked why the 2007 budget shows us an under recovery and also shows a $1 million refund? Mr. Cameron said that is something the Board will have to take up next year. Mr. Soli said that the potential refund will require another vote in a year from now. Ms. O'Neill asked how an under recovery will affect the Return to the Town of Reading? Regular Session Minutes 6 May 17, 2006 Report of RMLD Board Subcommittees Operating and Capital Budget Subcommittee (Commissioner Hahn) Mr. Cameron replied that the Return to the Town of Reading is part of its Non Operating Expenses under deductions the RMLD has projected so the Return on the Investment to the Town of Reading is figured in before the net income. Mr. Hahn made a motion seconded by Ms. O`Neill that the Reading Municipal Light Board approve the 2007 Operating Budget as approved by the Citizens' Advisory Board and the Operating and Capital Budget Subcommittee. Motion carried 5:0:0. Power Contracts, Rate Setting, Customer Choice Subcommittee (Secretary Soli) Mr. Soli reported that the Subcommittee met with Mr. Cameron and they are looking forward to 2007 when big power contracts need to be replaced. Mr. Soli said that Mr. Cameron updated him on the work in progress items. Mr. Cameron pointed out that the Subcommittee meeting was an Executive Session meeting; therefore Secretary Soli cannot provide a lot of detail. Meeting with the Town of Reading, Town Accountant (Secretary Soli) Mr. Soli reported to the Board that he and Mr. Fournier met with the Town Accountant. Items addressed were cash, pension and the warrant, which all are fine. Mr. Soli said that some commercial customers are doing wire transfers for payment in which beta testing is being performed. Mr. Soli said the new Town Accountant, as suggested by the auditors that she looks at contracts because by state law it is required. Mr. Soli said that when the Town Accountant has performed her sampling of the contracts it has been positive. Mr. Cameron added that any contract over $5,000 should be at Town Hall. Mr. Cameron said that Mr. Hechenbleikner was in agreement that these contracts would be retained at the RMLD in its library. Chairman Pacino reported that the Town Audit Committee met last week and contracts as well a policy on Fraud Reporting by employees were discussed by the Town Accountant. Mr. Cameron explained that he attends Department Head meetings for the Town of Reading. Mr. Cameron said that Gayle LaPointe has spearheaded a project of putting together a Fraud Policy. Mr. Cameron said one of the comments from Frank Biron of Melanson Heath was that the RMLD should have an annual meeting with the employees to let them know what fraud is and how to report it. Mr. Hahn asked if this is the industry standard for a code of conduct? Mr. Cameron said he could not respond to this, but it is not synonymous with the Sarbanes Oxley act. Mr. Hahn clarified most companies have a formal policy code of conduct informing employees how to deal with vendors and other parameters for what is acceptable employee behavior. Mr. Cameron responded the RMLD has in its Purchasing Policy a zero tolerance for accepting gifts from vendors. Ms. Kearns asked if a union employee violates a fraud policy is such discipline subject to collective bargaining? Mr. Cameron replied it might be subject to collective bargaining, if it involves discipline of a union employee. Calpine Update Chairman Pacino thanked Jane Parenteau and Bill Seldon for their work on the Calpine issue. Chairman Pacino expressed his appreciation for securing the $42.5 million of escrow funds. Regular Session Minutes May 17, 2006 7 General Manager's Report March, 2006 Financial Report Mr. Fournier said that March, 2006 Financials bring the RMLD to its first nine months of its fiscal year. Mr. Fournier then went on to explain the salient points of the March financial statement. RMLD Budget Variance Summary Report, March 2006 Mr. Fournier said that for the quarterly variance report expenses are $1 million under budget or 8.59%. Such items include: Power expense 30% over budget, Fuel 34%, 16% over budget due to fuel issue. In March, Fuel Revenue exceeded Fuel Charges by $1.9 million and that money was put into the Deferred Fuel Cash Reserve. Mr. Fournier reported the Board's annual budget is $7,500 and less than $3,500 was spent to date. Ms. Kearns asked what caused the Interest Income to raise $112,000? Mr. Fournier said it was a low estimate of interest in the budget. Mr. Fournier said that Mr. Hahn had questions on the March, Financials which he has answered and is leaving a copy for all those in attendance. Ms. O'Neill asked on the variance in the Operating and Maintenance` budget, is that for a nine-month period? Mr. Fournier replied, "yes" it is for nine months. Ms. O'Neill asked why are the tools not categorized as supplies but are in maintenance? Mr. Fournier said they are for the Building and Maintenance cost center therefore, it is an expense item for that area. Ms. O'Neill asked what the variance caused in maintenance of line transformers caused by? Mr. Fournier replied that it is because of hazardous waste-spills. Ms. O'Neill had asked Mr. Cameron if there are transformers near wetlands and is there a schedule to change out these transformers before the spills occur? Mr. Cameron replied it is not just the age of the transformer but the circumstances of pole hits. Ms. O'Leary said that transformers come down because of trees, being hit by vehicles, snowplows and other incidents. Mr. Soli commented that the Deferred Fuel Reserve target is $1.75 million. Mr. Soli pointed out the Deferred Fuel Reserve is almost at $2.0 million and for March it is $2.4 million. He said that the Board may potentially have to vote on this. Mr. Cameron said that this does not reflect the Fuel Charge decreasing in May. Mr. Cameron said that the Department may have the $1.75 million by the end of the year as directed. Mr. Cameron said there was a transfer in October to put some money in this fund. Mr. Soli asked if there will be Board action in the next month and a half? Mr. Cameron said that if action is required it will be addressed at the next meeting. Mr. Cameron said that monthly, Mr. Fournier presents his financial information. He said that the RMLD does not have a large Accounting Department and wants to ensure that his efforts are noticed. Ms. Parenteau reported that the energy requirements in March were approximately the same as last year, 58.3 million kilowatts. In March energy costs went down $441,000. Regular Session Minutes May 17, 2006 General Manager's Report Power Supply Update Ms. Parenteau pointed out there were offsets as well: $1.78 million between the Calpine contract and the Constellation and Dominion contracts. There was a one time reversal of $1 million in December, which was billed by Calpine and not paid, which was part of the settlement. The $2.7 million credit in March is reflective of the December Calpine bill and the March difference. Ms. Parenteau said that the Energy Services Division would like to thank the Board and CAB, as well as Ken Barna and David Fixler who were very instrumental in achieving the goal. Ms. Parenteau said the Locational Marginal Prices (LMPs) have gone down 13% from February because of the decrease in fuel prices. The RMLD took 29.5% of its energy from the short-term market. Ms. Parenteau said that the capacity costs remain stable. Chairman Pacino said he would like handouts containing this information. Ms. Parenteau said that they send this to the Subcommittee and would be happy to provide it to the full Board. Instructional Motion Relating to Cities for Climate Protection Mr. Cameron said the Ron D'Addario made this motion and it is relative to energy conservation in the Town of Reading. Mr. Cameron said the RMLD is mentioned in the first paragraph, "to encourage any new construction and/or the renovation of municipal and private buildings to meet the appropriate Leadership in Energy and Environmental Design green building rate". Mr. Cameron said that in the last paragraph if states, "the RMLD is instructed to facilitate the addition of alternative forms of energy along with the purchase of green power in both new construction as well in building renovations." Mr. Cameron said that Ms. Benson was unable to attend this meeting. At the next RMLD meeting Ron D'Addario and other members of his committee will attend. Nominations for Northeast Public Power Association (NEPPA) Annual Awards Ms. Kearns made a motion seconded by Mr. Hahn to nominate Jane Parenteau and Bill Seldon for NEPPA's Distinguished Service Award. Motion carried 5:0:0. NEPPA 2006 Annual Conference, Plymouth, Massachusetts Mr. Cameron said that the NEPPA conference is at the Radisson Hotel and the Commissioners should make a decision on their attendance. Mr. Soli made a motion seconded by Mr. Hahn that the following RMLD Board of Commissioners will be attending the NEPPA Conference: Chairman Pacino, Vice Chair Kearns, Secretary Soli and Commissioner Hahn. Motion carried 5:0:0. Mr. Soli made a motion that the RMLD Board of Commissioners approve Mr. Cameron's attendance at the NEPPA Conference. Motion carried 5:0:0. Board Discussion Mr. Norton wanted to take the opportunity to thank the Energy Services Division and, in particular, Ms. Parenteau, Mr. Seldon and Mr. Cameron. Mr. Norton said that the North Reading Board of Selectmen required his attendance at various Board meetings for the Calpine matter. Mr. Norton said he would like to thank the entire staff because they have been under a tremendous amount of pressure with the Calpine issue. Mr. Norton pointed out that Mr. Dion came to the budget meetings well prepared and is an asset to the RMLD. Chairman Pacino asked if the actuarial study will be ready for the next meeting? Mr. Fournier will get back to Chairman Pacino on this. Regular Session Minutes May 17, 2006 Board Discussion Ms. O'Neill asked if the green power presentation will be at the next meeting? Mr. Cameron said that the presentation will be given at the next meeting. Next Meeting Dates Wednesday, June 21, 2006 RMLD Board of Commissioners Subcommittee Meetings Subcommittee meetings will be posted if deemed necessary by the Commissioners. RMLD Board Rotation at Citizens' Advisory Board (CAB) Meetings No date has been set for the next Citizens' Advisory Board meeting. Executive Session (General Manager's Conference Room) At 9:15 p.m. Mr. Soli made a motion seconded by Mr. Hahn that the Board go into Executive Session, to discuss Executive Session meeting minutes and discuss an operating policy matter, and to return to Regular Session for the sole purpose of adjournment. Chairman Pacino called for a poll of the Board: Mr. Hahn, Aye; Mr. Soli, Aye; Mr. Pacino, Aye; Ms. Kearns and Ms. O'Neill, Aye. Motion carried 5:0:0. Motion to Adjourn At 10:00 p.m. Mr. Soli made a motion seconded by Mr. Hahn 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. Robert Soli, Secretary RMLD Board of Commissioners