06-5963�
Amended July 12, 200,6
(��r.nc{.er,� S�l� 19 aaUt�
ORDINANCE
Council File # 06-596
Green Sheet # 3031183
OF SAINT PAUL, MINNESOTA
Presented by
Refeaed To
Appendiz C. Electric Franchise--NSP
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*Editor's note — Appendix C is derived from C.F. No. 96-417, adopted May 15, 1996, which superseded
former App. C, which per[ained to similar subject matter and derived from Ord. No. 1 I211, adopted Feb.
12, 1985, as amended by C.F. No. 96-34, adopted 7an. 31, 1996.
Cross reference(s)— General franchise requirements, �-iEle�� Charter. Chapter 16. �� ��
Sectionl. GrantoFfranchise.
Committee Date
,�J(. 3 i '��,
Northern States Power Company, a corporation organized under the laws of the State of Minnesota,
hereinafter designated as "company," being a public service corporation providing electdc service for all
purposes within the City of Saint Paul, hereinafter designated as "ciry," under a&anchise granted under
Ordinance No. 86�34 , which expires on Aueust 3une 30, �99F> 2006, is, together with its
successors and assigns, hereby granted a franchise in accordance with the terms and conditions of this
ordinance to use the streets and other public property located in the city for such purpose for a ep riod
coverine te�x �°'���°�r 3� 31, �94Fi 2006• un to Aueust 3uxie 30, �986 2026, as further
described in Section 13 herein. The term "this ordinance" shall refer to the ordinance being adopted
herewith.
(C.F. No. 96-417, § 1, 5-15-96)
Sectian 2. Use of ri¢ht-of-wav.
The franchise granted heiein shall extend to the company's use of all streets and al�ublic property, as
defined bv Minnesota Statutes Section 237.162 now being used by the company in connection with
electric service and of such other streets and public property as may from tnne to time be designated by
the city. Such franchise to use the streets and other public properiy located in the city shall include such
use for the purpose of erecting, laying, constructing, installing, maintaining and operating poles, posts,
wires, conduits, subways, pipes, manholes, seroice boxes, cables, conductors and all other necessary and
convenient facilities used in conducting, transmitting, distributing and supplying electric energy to and
through the city for public and private use.
(C.F. No. 96-417, § 2, 5-15-96)
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Section 3. Locatian of fac�ities.
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(a) General. In locating its electric facilities, the company shall in no way imreasonably interfere with the
safety and convenience of ordinary travel along and over said streets and public property, nor interfere with
other uses to which such places may be par by the city.�-iIn the event it shall become necessazy during the
term of this franchise to remove or relocate the physical property of the wmpany located within or upon any
of the streets or public property in the city, because of such interference or use by the city, or as a result of
any public improvement undertaken by the city, the company shall, when so advised by the city council,
remove and relocate said facilities without cost to the city, and shall place the streets or public property in the
same condirion as they were prior to said removal or relocation. Companv shall comalv with the
reauirements of anv annlicable ordinance of the citv relatine to relocarion of electric facilities in streets or
Qublic nropertv to the extent consistent with Minnesota Rules, Part 78193100 and as allowed bv law.
However, after the company has so relocated its facilities, the wmpany shall not within five (5) yeazs
thereafter be required at its own expense to make any further relocation of the same facilities; except that the
company may be required to fiuther relocate any such facilities at its own expense where required because of
the extension of public utilities to previously unserved azeas. Any relocation or removal of the company's
facilities made necessary because of the extension through or into the city of a federally aided state trunk
highway, included within the National System of Interstate Highways, shall be governed by the provisions of
Minnesota Statutes }9��Section 161.46, as supplemented or amended. In such case, the citv is oblieated to
pay comnanv onlv for those nortions of its relocation costs for which the citv has received state or fedecal
fundine snecificallv allocated for such costs.
(b) Company facilities on non public property. The removal and relocation provisions of section 3(a) do
not apply to electric facilities or equipment wlvch are not located on streets or other public property of and
within the city; provided, however, if the result of any removal or relocation of company equipment or
facilities on or in streets or public property is that the company finds it necessary or desirable to move,
relocate, make adjustments to or otherwise in any way modify iu electric facilities or equipment on property
which is not a street or other public property, all of such changes are and remain at the sole wst and expense
of the company. In addition, the provisions of section 3(a) do not apply to electric facilities or equipment
which were located on non-city property for which the company had an easement or other interest or permit
which made the use of such non-city property lawful, and which non-city property was thereafter acquired by
the city for street or other public use, if the city did not pay compensation or relocation assistance to the
company at the time of ciTy acqwsition.
(c) Rail Transit
This section relates solelv to proposed or futm�e lieht and heaw rail trac�sit nroiects (collectivelv "Rail ProiecPs'�
The citv shall use best efforts to include the comoany in Rail Project plannine and desim meetin�s where
necessarv. The comuanv shall use best efforts to attend all such meetin¢s and timelv resnond and oarticipate in
planning and desien staees of Rail Proiects. To the extent the citv has authoritv over decisions �actinQ the
comnanv's relocation and operational costs related to Rail Proiects the citv shall reasonablv consider the
comoanv's qrovosals for limitine its relocation and onerational costs for Rail Projects
The citv aclmowledees that the comnanv mav reuuest reimbwsement for utilitv relocation costs from federai
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and/or state sources. The ciri will not obiect to the com�anv's reauests for reunbursement from federal or
state sources nrovided such costs do not directly or indirectly reduce funds available to the citv from these
sources or reduce funds for proerams that will benefit the citv. The ciri reserves its riQht to onoose the
companv's rec�uests if the citv has a reasonable basis to believe such a reauest will neearivelv imoact the
feasibilirv of a Rail Proiect or neQarivelv afFect the citv as described above.
,. ,.rr ,..,.a �, v..:
e' 11 ur ue a li f on i ent an e u'table ea t ' ht- -w user who e
facilities are affected bv Rail Proiects. This shall not annlv to anv non-eovernmental erant annlication or
award or anv and all_debt ics�ed Uv the Citv of Saint Paul or its Port Authoritv �r anv other nublic de�
issuers or to Citv Water or Sewer matters Ifthe Citv suntiorts a rieht-of-wav user's reauest other than Citv
ater and Sewer. relatine to Rail Proiects. the Citv shall. to the extent nracricable. consistentiv sunnort the
Comnanv's reouest for reimbursement The citv seserves its ri ehts under Minnesota Statutes. Sections
237.162 and 237.163 and relevant ordinances to orotect the heakh, safetv, and welfaze as such duties mav
reauire distinctions amone rieht-of-wav users.
(C.F. No. 96-417, § 3, 5-15-96)
Section 4. Compliance with citv ordinances and re¢ulations.
(a) City regulation. The company shall be subject to such reasonable regulations as may be provided or
authorized by ordinance with respect to its facilities described in section 2. No poles, masts or conduits,
or any other electric facilities shall hereafter be installed, exected or laid in the streets or public properiy
by the company except upon full compliance with the requirements of such regulations as may be adopted
or authorized by ordinance. The reasonable regularions of the city may requue the payxnent of
appropriate pernut and other fees related to such regulations. After undertakine anv work recLUirine the
�nin� of the public right-of-wav the companv shall restore the right-of-wav as iequired by state law and
citv ordinance to the extent consistent with anvlicable state law. ;-°°��wever, tka�the
company shall not be obligated to pay �ermit stiel}fees under the electric franchise �� °�a°
w,...,.,,.,a a,.n.._.. Iri c nnn nm :_ ...,. ,...ie.,���ion .��1n excOSS of twenty
thousand dollazs ($25,000.00) in any calendar year £rom 2006 �891--through �0&5 2016 or in any
franchise extension period pursuant to Section 13 unless otherwise a¢reed. ^� �-��-'+nnc. ,,..a
T,._� �n �nn< :o���_..:.. __ c.,.__w:.... ��,.� ..:..a • � � ,
, , �==o ==s==°=�.�'°�
(b) Pole spACe and street lights. The company shall ieasonably make available to the city space on its
utility �s�ies oo les for city fire, water utility, and police facilities. Whenever d'uected by the city council
by xesolution, the wmpany shall make reasonable extensions of its street lighting facilities for the
installation of street lights, without cost to the city, but said facilities shall remain the property of the
company.
(C.F. i3o. 96-417, § 4, 5-15-96)
Secrion 5. Franchise fee imnosed: definirions.
(a-�) Franchise fee imposed. During the term of the franchise hereby granted, and during any franchise
extension period under section -1�(� 13 and, except for pernut fees authorized by section 4(a), in lieu
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of any permit or other fees relating to the installation, repair, maintenance and operation of its facilities,
the company shall pay to the city a franchise fee as provided in tlus section 5, such fee to be paid for each
company billing month on or before the last day of the first full calendaz month following the company
billing month. The franchise fee shall be the total of the monthly meter fee, energy fee and demand fee,
where applicable, for each company customer wluch is located within the city and which receives electric
service by means of company electric faciliUes located within the city, regardless of how such facilities
are used or classified including, but not limited to, those faciliries used for or classified as transmission,
delivery or distribution, or any combinarion thereo£ The franchise fee for each company customer shall
be determined by applying the meter factor, energy factor and demand factor as indicated in the schedule,
respecrively, to (i) each and every customer classified by the company as a sepazate account, and (ii) the
amount of electricity in kilowatt hours delivered to each such customer each month, and (iii) the billing
demand for each such customer to which a demand factor applies under the schedule and the terms of this
ordinance.
(a-�� Definitions. The following terms, as used in this ordinance, shall have the meanings given.
Substantive provisions which may be contained in said definitions shall be given full substantive effect.
EF � Billing demand means demand in kilowatts as determined by the company for billing piuposes in
accordance with the tariffs approved by the commission and contained in the Electric Rate Book from
rime to time, including but not limited to contracted demands billed by the company at a billing demand
rate per kilowatt geater than or equal to zero.
(� 2) Commission means the Minnesota Public Utilities Commission, or any successor agency or
agencies, including an agency of the federal government which preempts all or part of the authority to
regulate electric service now vested in the Minnesota Public Utilities Commission.
(iii � Customer classification or ctass f cation means each and every classification of company customers
in the schedule, all of which are based on the tariffs contained in the Electric Rate Book in effect on 3tdy
Sentember 1, �99Fr2006. The classifications shall be used far the purpose of computing and determining
franchise fees under this ordinance. Such classifications may be amended or added to from time to time
onl by agreement of the company and the city under section 3�) 7 e.
(�v � Customer of company or company customer or customer means any electricity user, includine
companv, located within the city which at any time during the term of this franchise takes delivery of
electricity by means of any company electric facilities located within the city. Each and every customer
classified as a separate account by the company shall be deemed a separate customer of the company.
(v 5) Demand factor is the monthly monetary amount per kilowatt shown in the schedule.
(ui � Demand fee means the monthly fee collected from each company customer which is subject to
billing demand from the company. The monthly demand fee is the product of the billing demand as
defined in section 5(bl(1)'"�above for each such customer times the demand factqr specified in the
schedule.
(v�i � Electric Rate Book means the company Electric Rate Book, as it may be revised from time to time,
which contains company electric service tariffs, general rules and regulauons, service rules, standard
con�act and agreement forms, customer billing forms and notices and technical and special terms and
abbreviations, as approved by the commission.
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(�iii � Energy factor, is Yhe monthly monetary amount per kilowatt hour shown in the schedule.
(� � Energy fee means the monthly fee collected from each customer of the company based on the
quantity of kilowatt hours of electricity delivered to each such customer of the company. The monthly
energy fee for electricity is the product of the amount of electricity delivered to each such customer each
month expressed in kilowatt hours times the monthly energy factor specified in the schedule.
(�10) Meter factor is the monthly monetary amount per customer in the schedule.
(� 11) Meter fee means the monthly fee collected from each customer by applying the meter factor to
each and every customer.
(� � Schedule means the table in section -15 16 of this ordinance showing the meter, energy and
demand factors, where applicable, for each customer classificarion for each year of this franchise.
i ,e ,..oa ..�a x,. ..r� ,..:. .. .,.._:_,..,.,�. � ,....w:,. , ..,«„_ .:,.., ...�,.a .._,a ._ ..,..:,._ , , i.,�. All customez
classifications shown in the schedule on 3u1� Sentember 1, �996 2006, are set forth in or determined by
the Electdc Rate Book in effect on that date.
(�iii 13J Tariff ineans each and every service schedule, tariff, service rider, suicharge ridex, rule contained
in the general rules and regulations, rules of seroice, rider or similar document which has been or is
approved by the commission, and includes any modification, amendment or deletion thereof.
(a 3 c) Residential customer limitation. For residential customers subject to the limitations contained in
Minnesota Laws 1979, Chapter 189, and for so long as such law shall remain in effect, the franchise fee
during any calendar year or part thereof shall not be paid or collected during the billing months of
January, February, Mazch, April, November and December.
(s�- d) New fees starting date. The franchise fee imposed in section 5'° '� °-�c°�H� and in this
ordinance ("new fees") shall commence with the bills issued to customers by the company effective with
the company's November -1-996 2006 billing month, or with bills issued to customers for the first
company billing month commencing sixt�(601 davs after the agpreval effective date of this franchise,
whichever is latez.
(e-3 e) Collection; adjustment. �3eiY�ieF�tThe new fees ^^- `���a� �e�simposed in this ordinance shall
not exceed any amount which the company may recover, prior to payment to the city, by imposing a
surcharge equivalent to such fee in its rates for elechic service to customers within the city. Both new and
a�st fees a���are subject to subsequent adjustment to account for uncollecribles, refunds and
correction of erroneous billings. If anv error in collection of franchise fees is discovered by eithei nartv.
the parties shall meet as soon as reasonabl�practical to discuss sfrateQies to address the esor. However
under no circumstances shall the comnany be obligated to pav the citv for fees it cannot collect.
Section 6. OtLer ener�v franchises; dispute resolurion.
(b-� a) Other energy franchises. The annual dollar amount of the franchise fee collected from a company
customer, or a reasonable estimate of the franchise fee tlaat would be collected from a prospective
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company customei, for electric service piovided under this franchise sball not be materially geater than
the annual dollar amount of the franchise fee that would be collected for similaz service to such customer
by another energy suppliez undez the terms of a new francluse, assuming compazable energy usage by
said customer.
(§� � Defanitions. For the purposes of section 6"'^ '`"-��°�'- °°�'��� "'� ^) only, the following terms
shall have the meanings given. "Similaz service" shall mean the supply of energy to a customer for the
same end-use purpose or function as the electricity wluch is or could be furnished by the company. "New
franchise" shall mean a franchise granted to another energy supplier after T'°^°-�-���nn� Sentember
1. 2006, or an amendment to an existing franchise held by another energy supplier ^"°-n��'-'r,
-�99F Sentember 1, 2006. `Bnergy supplier" shall mean a supplier of energy other than the company.
(� 3 J Dispute resolution. The ciry shall give the company notice by certified mail of the material
provisions of a proposed new franchise at least �993 s'vc 60 days before it is finally adopted by
the city council. The company shall state in writing its position and give the factual bases for that
position on whether the adoption of such new franchise would violate the prohibition in section "�
� above within si�{g9j thi 30 days of the date of notice. The company's failure to respond will
be a waiver of any rights, remedies, or causes of action it may have under section 3� 6. If the
company's position is that the adoption of the proposed new franchise would violate section �-� 6 a
above, then at the request of either the company or the city, the issue of whether the proposed new
franchise violates section `%'^-'�` 61a� shall be submitted to binding azbitration, using an atbitrator
selected under the Commercial Arbitcation Rules of the American Arbitration Association. The franchise
fee terms of any new &anchise must be consistent with the decision of the arbitrator.
(�-4 � Consent ofcompany. Section 6��w '``�-����'' °°�'�^� "'� ^` a� does not apply to any proposed
new franchise to which the company consents in wriring.
(d) Annual cap for competitive market rider. There is hereby exempted from the franchise fee any
requirement that the company pay or collect by such surchatge a franchise fee in excess of six hundred
twenry thousand dollars ($620,000.00) in any calendaz year ("annual cap") from any large commercial
and industrial class customer receiving electric service from the company under that certain competitive
market rider, as originally approved by the comsnission on 7une 18, 1993, Docket No. E-0021M-93301.
Any company customer receiving service from the company under the competitive market rider before
the effective date of this ordinance shall continue to be eligible for the annual cap. Any company
customer which has not received service under the competitive mazket rider from the company before the
effective date of this ordinance which thereafter receives service under the competitive matket rider is
eligible for the annual cap if the company provides written certificarion to the city that it has verified such
customer's eligibility for service under the terms and conditions of the said competitive mazket rider and
sets forth the findings and basis for such certification. This annual cap shall not be applicable to any
company customer which has not received service under the competirive market rider from the company
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before the effecrive date of tlus ordinance if the said comperitive market rider is amended or modified in
any way which materially changes the substantive requirements a customer must satisfy to receive electric
service under such rider, or if such rider is withdrawn, repealed or for any reason becomes ineffective.
Section 7. Reports to be filed: audits; tariffs.
(e-I- a) Monthly reports. The company shall file monthly with the director of the �e�e�E office of
financial services a report showing electric consumption and revenues by classes
of service for the pzeceding company billing month, and shall file a quaRerly teport containing such
further information as may be agreed to by the company and the ciry, based upon the company's electric
operations within the ciry. Such monthly reports shall show on a monthly and cumulative year-to-date
6asis (i) company revenues by customer classification from customers in the city, exclusive of sales tax
and franchise fees, and (ii) the meter, energy and demand fees and the corresponding billing units
(customer accounts, delivered kilowatt hours and billing demand) for each category of fees, by customer
classification. Such monthly reports shall show any monthly adjustments as provided for in section 5(r
3j� In the event there is a signi£cant fluctuation in the amount of franchise fees being collected and
remitted, the company will at the city's request meet and discuss with the city the cause or causes of such
fluctuations. The company and the city mutually agee to provide reasonable documentation to assist in
deterxnining such cause or causes.
(e-� b) Auditor's opinion. The company will provide the city with an annual opinion from the company's
independent auditors that, in connection with the company's annual audit, the auditors have reviewed the
company's computation of &anchise fees consistent with the terms and conditions of this ordinance. The
company and the city will each pay one-half of the company's independent auditor's incremental fees for
providing this opinion in connection with the company's annual audit, based on reasonable and verifiable
fees billed by the auditor. The auditor shall audit a samnle that lncludes customee(sl from each customer
class. The city may at its option, not more than once a year, requue that the company's compliance with
khe terms and conditions of this franchise, including but not limited to the computation of franchise fees,
be verified by a certified public accountant or comparably qualified consultant at the expense of the city.
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(13 c) Placement of customers. Every company customer, on the effective date of this ordinance, is subject
to a tariff in the Electric Rate Book, and based on such tariff each such customer is included in a customer
classificataon in the schedule, and shall remain in that customer classification, subject to the provisions of
section �3(� and section �3(�.
The company shall place each new customer in a tariff on the basis of the new customer's reasonably
expected chazacter of service, voltage, electricity consumprion and billing demand, and shall on the basis
of that tariff place the new customer in the most comparable customer classification in the schedule for
the purpose of collection of ineter, energy and demand fees.
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(jd) Movement of a customer. Subject to section 7 e 3�, if a customer moves from one (1) company
tariff to another company tariff, where such movement is permitted by such tariffs, the franchise fees to
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be collected from such customer shall be computed on the basis of the franchise fees for the customer
classification which is applicable to the tariff to which such customer has moved. Subject to section �
3(-1�}, if a customer changes service characteristics relating to voltage or elech consumption or both, and
such changes cause the customer to both (i) take a different electric service from the company under the
same tariff, and (ii) meet the criteria for a different customer classification in the schedule, then the
customer shall also be moved, for the purpose of collecting franchise fees, to the classification in the
schedule most compazable to the customer's tariff and new service characteristics.
(ke� New or amended tar�or classification. When the commission orders or approves a new tariff or
tariff revision (a "new tariff') for inclusion in the Electric Rate Book, for which no customer
classification exists, each customer taking electdc service under such new tariff shall be placed in the
customer classification in the schedule most comparable to the new tariff. The placement shall be based
on the reasonably expected character of service, voltage, electricity consumption and billing demand
established for such new tariff. The new tariff shall be one for which there is an approved surcharge
rider, so the collectaon of ineter, energy and demand fees from a customer taking service under the new
tariff shall be, to the fullest extent practical, comparable to the fees collected if the customer received
electric seroice under the fonner tariff. If there is no approved surcharge rider for the new tariff, the
company shall conrinue to collect the meter, energy and demand fees based on the customer's former
customer classification.
(ii) Amended tari or classification It is understood bv the narties that the rate or customer
classificarions within the fee schedule mav be subject ro chan2e &om time to time bv approval of the
commission. When companv files a petition for a classification chan¢e, it shall provide rimely written
notice to the citv, nursuant to the notice provisions of Section 17 herein, settina forth the provosed
chan eg s. Upon recLuest of the citv, comnanv shall provide addirional information reQardine the potential
impact of these chanees uvon the franchise fee schedule Should such chanees be approved by the
commission comnanv shall oromotiv nrovide a revised franchise fee schedule to the Director of the
O�ce of Financial Services, settine forth such chanQes.
It shall be the resroonsibilitv of the citv to maintain an updated francluse fee schedule at the Office of
Financial Services at all times. Upon mutual agreement of the company and the city, this ordinance may
be amended to establish a new customer classificarion for any such new tariff.
n��a�
(}a�f Customer and franchise fee retention. The ciry and the company agree that €��lze�c-�ges-in-the
°'°°'-:° :°a°°'--. �-°° °-°°'° situations in which company customers may switch to altemate energy
sources or relocate their facilities w�tislre� could cause both the loss of city franchise fee revenues and the
loss of company revenues and mazgins. In such situations it w�l- mav be to the mutual best interests of
the city and the company to discuss strategies to prevent or ameliorate such losses, among wluch s�could
be the amendment of franchise provisions relatfng to the fees hereunder and
eE}ui�alenE company rate options or enerev mana¢ement and conservation nroetams. g�ie�g-a�d-�ise�tt
E�ges. Tt is the intent of the city and the company to enter into such discussions as the need may arise in
the future.
(� g) Charter requirement. The wmpany and the city recognize that the new fees provided for in this
ordinance do not collect a franchise fee based on the gross earnings of the company derived from
b l� , ���
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provid'ang electdc service within the city. If in any particular calendar year, the franchise fees collected
under this francluse in the aagregate or for any customer classification or customer do not equal five (5)
percent of the said gross earnings of the company, the company as franchise holder is specifically
relieved, as required and pemutted in Chapter 16 of the Charter, of the obligation to make a franchise fee
payment of five (5) percent of company goss earnings.
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(e � Commission approval. The company shall use its best efforts to obtain the approval of the
commission for a surcharge rider tariff implementing the provisions of this ordinance relating to the time
and manner of collection of the francMse fees provided for herein.
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Secrion 6 8. Public UtiliHes Commission
The electric service of the company and the rates to be chazged by the company for electric seroice in the
city shall be subject to the jurisdiction of the Minnesota Public Utilities s Commission. The company
shall provide reasonably efficient and adequate service to members of the public within the city who
apply for such service in accordance with the rules and zegulations of the Commission and of the
company.
(C.F. No. 96-a17, § 6, 5-15-96)
Section 4 9. Electric Rate Book.
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Certifzcation and filing of Electric Rate Book. Within tUirty (30) days after The effecrive date of this
ordinance, the company will file with the ciry clerk a copy of the Eleckic IZate Book in effect on 3x}y
Seotember 1, 2006 -1s396, with a certification as to its accuracy. During the term of tlils &ancluse, the
company shall file with the city clerk any proposed tariff or tariff change filed with the commission and
any revisions to its Elechic Rate Book apptoved by the commission.
(C.F. No. 96-417, § 7, 5-15-96)
Section & 10. Vacation.
Except where required for a public improvement project, the vacarion of any street or public property,
after the installation of electric facilities, sha11 not operate to deprive company of its rights to operate and
maintain such electric facilities, until the reasonable cost of relocating the same and the loss and expense
resulting from such relocation aze first paid to company. In no case, however, shall the citv be liable to
the companu for failuxe to specificallypxeserve a right-of-way,pursuant to Minnesota Statutes Section
160 29 as supplemented or amended In accordance with Minnesota Rules Part 7819 3200 if the citv's
order directine vacation of the street or public propertv does not require relocation of the compan �}�'s
electric £acilities to prevent interference with a current�ublic imnrovement, the vacarion proceedines
shall not be deemed to deprive comnanv of its �ht tA conrinue to use the rieht-of-wav of the former
street or public nronertv for its electric facilities installed prior tA such order of vacation.
(C.F. No. 96-417, § 8, 5-15-96)
SecHon 911. Public HearinQ.
Before this ordinance shall be finally adopted by the ciry counci], a public hearing shall be held upon ten
(10) days' published notice in the official newspaper and afrer said hearing the city council may pass this
ordinance, revise or amend the same. The company shall beu the costs of publication of the franchise
ordinance and shall make a sufficient deposit with the city clerk to guazantee publication before the
ordinance is passed.
(C.F. No. 96-416, § 9, 5-15-96)
Section i$12. Indemnificafion; insurance.
The company shall indemnify and save the city whole and humless from any and all claims for in}ury or
damage to persons or property occasioned by or arising out of the construction, maintenance, operation or
repair of said transmission and distribution system or by the conduct of the company's business in the
city. The faregoing does not indemnify the city for its own negligence, except for claims arising out of or
alleging the city's negligence where such negligence arises out of or is prunarily related to the
construction, opeiation, maintenance or repair of said system, including, but not limited tq the issuance
of
pemuts and inspection of plans or work. This section is not, as to thixd parties, a waiver of any defense or
immunity otherwise available to the company; and the company, in defending any action on behalf of the
city, shall be enritled to assert in any acrion every defense or immunity that the city could assert in its own
behalf.
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Throuehout the term of this franchise the companv shall be fullv insured as reauired bv state law
and/or bypublic urilities commission rules and re2ulations.
(C.F. No. 96-417, § 10, 5-15-96)
Secflon � 13. Severabilitv; extension/duration.
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(a) Cure of invalidity. If any section, provision or part of this ordinance shall be held invalid, the
company and the city shall meet and discuss amendments to the ordinance to cure the invalidiTy consistent
with the intent of this ordinance, which meetings and discussion shall be without prejudice to the lawful
rights of the company and the city.
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(bl Franchise Termination or Renewal Notice Either pariv maygive written notice of its intention to
either (1] neeotiate the terms of a new or renewal franclaise ("Renewal Notice") or (2) terminate tlus
franchise ("Temrination No6ce") at anv time between the date of final adootion of this franchise bv the
ci[y and Au¢ust 31 2016 excent such Termination or Renewal Norice must be nrovided at least 18
months �rior to the effecrive termination date and the effecrive termination date must be afrer August 31,
2016. Such Termination or Renewal Notice shall beprovided via certified mail to the other partv. The
filinQ of a Terniination or Renewal Notice bv either partv shall preclude extension in the manner
described below, unless the narties a�ree othenuase.
on August 31 2016 then this franchise will automatically extend for an initial five-year franchise extension
period ("Initial Franchise Extension Period") to ex ire Auz�ust 31 2021 The franchise will automatically
extend for a second five-�az franchise extension period ("Second franchise Extension Period") to exoire
Aueust 31 2Q26 if neitherpartv has filed a Ternunation or Renewal Norice bv Aueust
31 2021 or the citv and com�anv have not extended or superceded this franchise with a new franchise
�eement b�Auaust 31, 2021.
Unless otherwise aereed during all neriods described above the franchise fee to be uaid to the citv durinQ the
Initial Franchise Extension Period and the Second Franchise Extension Peziod, by the company shall
continue to be computed collected and naid to the city but shall be in accozdanoe with the schedule as set
forth in Section 16.
(e � Comniission jurisdiction. Nothing in this ordinance confers or is intended to confer jurisdic6on or
powers on the commission or any other administrarive agency or court of law, which it does not otherwise
have by law.
(C.F. No. 96-417, § ll, 5-I 5-96)
Section �,314. Passaee: effect of ordinance.
The company shall, within thirty (30) days afrer the passage, approval and publication of this ordinance,
fi1e with the city clerk its written acceptance thereof in form to be approved by the city attorney, and
therein shall agree to abide by, keep and perform all the terms, limitations, conditions and grovisions of
this ordinance. This ordinance shall take effect and be in force after the nublic hearinQ prescribed in
Section ll?-and thirtv (30) davs after its passa¢e, approval and nublicarion, and uuon its accentance as
provided hesein.
(C.F. No. 96-417. & 14, 5-15-96�
Section �315. Failure to complv.
Upon any breach or failure to comply with any of the terms or conditions of this franchise ordinance,
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Green Sheet3031183
ol�-y��
Page 13
either party may bring an action at law or in equity to seek compliance by the other with the said terms and conditions,
money damages or any other appropriate relief which may include, but is not limited to, temunation and forfeiture of
ihe franctuse granted herein.
(C.F. No. 96-416, § 13, 5-15-96)
Section �-S 16. Schedule of customer classificarions.
The table shown herein is the schedule defined in secrion 5`" '�a- `�b(12} of this ordinance and is a part and provision
of this ordinance. The schedule provides, for each year of the franchise and for each of the customer classifications
listed, the meter, energy and demand factors for that year or goup of years. ��� -°°--�-'° ''�° r,.«,._. ..,,,...m r_ i �o�
.w,, t..«,..... ..t,,...... F �«�.,, ..,,.._ �nm .,_.. +.. t,,..,....a c ..t ............. onno ...,a onnz. .,., �„ ,.« �y modiflCatiOns t0 this
schedule shall be made in accordance with Secrion 7 herein.
Schedule for Xcel Energy Electric Franchise Fees for Saint Paui
Amended July 12, 2006
Meter Factor
15
Residential (May - October) *
Small Commercial & Industrial
Non-Demand
Firm Secondary
Firm Primary
Interruptible Secondary
Interruptible Primary
Large Commercial & Industrial
Special
Firm Secondary
Firm Primary
Firm Trans. Transf.
interruptible Secondary
Interruptible Primary
Interruptible TT
Standby Service
Public Street & Highway Lighting
Small Municipal Pumping
Non-Demand
Demand Secondary
Demand Primary
Large Municipal Pumping
Demand Primary (Sec cust)
2007 2009 2011 2013 2075 2077 20f9 2021 2023 2025
2008 2010 2012 2014 2016 2018 2020 2022 2024 2026
$2.63 $2.70 $2.77 $2.84 $2.91 $3.03 $3.15 $3.27 $3.40 $3.54
$2,96 $3.�9 $322 $3.35 $3.48 $3.62 $3.76 $3.91 $4.07 $423
$2.96 $3.09 $3.22 $3.35 $3.48 $3.62 $3.�6 $3.91 $4.07 $4.23
$2.96 $3.09 $322 $3.35 $3.48 $3.62 $3.76 $3.91 $4.07 $423
$2.96 $3.09 $3.22 $3.35 $3.48 $3.62 $3.76 $3.91 $4.07 $423
$2.96 $3.09 $3.22 $3.35 $3.48 $3.62 $3.76 $3.91 $4.07 $4.23
$5.04
$5.04
$5.04
$5.OA
$5.04
$5.04
$5.04
None
$674
$5.11
$5.11
$5.11
$5.11
$5.11
$5.11
$5.11
None
$6.81
$5.18
$5.18
$5.18
$5.18
$5.18
$5.18
$5.18
None
$6.88
$5.25
$5.25
$525
$525
$5.25
$5.25
$5.25
None
$6.95
$2.96 $3.09 $3.22 $3.35
$2.96 $3.09 $322 $3.35
$2.96 $3.D9 $3.22 $3.35
$2.96 $3.09 $322 $3.35
$5.32
$5.32
$5.32
$5.32
$5.32
$5.32
$5.32
None
$7.02
$5.53
$5.53
$5.53
$5.53
$5.53
$5.53
$5.53
None
$7.30
$5.75
$5.75
$5.75
$5.75
$5.75
$5.75
$5.75
None
$7.59
$5.98
$5.98
$5.98
$5.98
$5.98
$5.98
$5.98
None
$7.90
$6.22
$622
$6.22
$6.22
$6.22
$622
$6.22
None
$821
$3.48 $3.62 $3.76 $3.91 $4.07
$3.48 $3.62 $3.76 $3.91 $4.67
$3.48 $3.62 $3.76 $3.91 $4.07
$3.45 $3.62 $3.76 $3.91 $4.07
$6.47
$6.47
$6.47
$6.47
$6.47
$6.47
$6.47
$8.54
$4.23
$4.23
$A23
$423
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Green Sheet3031183
Residential (May - October) '
Small Commercial & Industrial
Non-Demand
Firm Secondary
Firm Primary
Interruptible Secondary
Interruptible Primary
Large Commercial 8 Industrial
Special
Firm Secondary
Firm Primary
Firm Trans. Transf.
Interruptible Secondary
Interruptible Primary
Interruptible TT
Standby Service
Public Street & Highway Lighting
Small Municipal Pumping
Non-Demand
Demand Secondary
Demand Primary
Large Municipal Pumping
Demand Primary (Sec cust)
Page 14
Monthly Charge per kWh
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025
2008 2010 2012 2014 2016 2018 2020 2022 2024 2�26
$0.0094 $O.OD95 $OA096 $0.0097 $0.0098 $0.0102 $0.0106 $0.0110 $0.0115 $0.011
$0.0040 $0.0040 $0.0040 $0.0040 $0.0040 $0.0042 $0.0043 $0.0045 $0.0047
$0.0018 $0.0018 $0.0018 $0.0018 $0.0�18 $�.0019 $0.0019 $0.0020 $0.0021
$0.0018 $0.0018 $0.0018 $O.D018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
$0.0018 $0.0018 $0.0018 $0.0018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
$0.0018 $0.0018 $0.0018 $0.0018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
$0.0028 $0.0028 $0.0028 $0.0028 $0.0028 $0.0029 $0.0030 $0.0031 $0.0033 $0.0034
$D.0013 $0.0013 $0.0013 $0.0013 $D.0013 $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
$0.0013 $0.0013 $0.0013 $0.0013 $0.0013 $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
$0.0013 $0.0013 $0.0013 $0.0013 $0.0013 $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
$Q.��13 $�.�013 $0.0�13 $�.��13 $�.�013 $0.��14 $0.0014 $�.��15 $O.U�15 $�.0�16
$0.0013 $0.6013 $0.0013 $0.0013 $0.0013 $0.0014 $0.0014 $0.0015 $0.0015 $0.0016
$0.0013 $0.0013 $D.0013 $0.0073 $0.0013 $0.0014 $0.0014 $O.OD15 $0.0015 $0.0016
None None None None None None None None None None
$0.0040 $0.0040 $0.0040 $0.0040 $0.0040 $0.0042 $0.0043 $0.0045 $0.0047 $0.0049
$0.0040 $0.0040 $0.0040 $0.0040 $0.0040 $O.D042 $0.0043 $0.0045 $0.0047
$0.0018 $0.0018 $0.0018 $0.0018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
$0.0018 $0.0018 $0.0018 $0.0018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
$0.0018 $0.0018 $0.0018 $0.0018 $0.0018 $0.0019 $0.0019 $0.0020 $0.0021
Crreen Sheet 3031183
d�'`J��O
Page 15
Demand Factor
Monthl Char e er kW
2007 2009 2011 2013 2015 2017 2019 2021 2023 2025
2008 2010 2012 2014 2016 2018 2020 2022 2024 2026
Residential(May-October)' None None None None Nane None None None None None
Small Commeraal & industnal
Non-Demand None None None None None None None None None None
Firm Secondary $1.10 $1.10 $1.10 $1.10 $1.10 $1.14 $1.19 $1.24 $1.29 $1.34
Firm Primary $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.15 $1.19 $1.24 $1.29
InterruptibleSecondary $1.10 $1.1D $1,10 $1.10 $1.10 $1.14 $1.19 $124 $129 $1.34
Interruptible Primary $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.15 $1.19 $124 $1.29
Large Commercial & Industrial
Special None None None None None None None None None None
Firm Secondary $1.10 $1.10 $1.10 $1.10 $1.10 $1.14 $1.19 $1.24 $129 $1.34
Firm Primary $1.06 $1.06 $1.46 $1.06 $1.06 $1.10 $1.15 $1.19 $124 $1.29
Firm Trans. Transf. $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.15 $1.19 $1.24 $1.29
Interruptibie Secondary $0.81 $0.81 $0.81 $0.81 $0.81 $0.84 $0.88 $0.91 $0.95 $0.99
Interruptible Primary $0.71 $0.71 $0.71 $0.77 $0.71 $074 $0.77 $0.80 $0.83 $0.86
Interruptible TT $0.51 $0.54 $0.57 $0.60 $0.63 $0.66 $0.68 $0.71 $0.74 $0.77
Standby Service $0.30 $0.33 $0.36 $0.39 $0.42 $0.44 $0.45 $0.47 $0.49 $0.51
Public Street & Highway Lighting None None None None None None None None None None
Small Municipal Pumping
Non-Demand None None None None None None None None None None
Demand Secondary $1.10 $1.1Q $1.10 $1.10 $1.1� $1.14 $1.19 $1.24 $1.29 $1.34
Demand Primary $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.15 $1.19 $1.24 $1.29
Large Municipal Pumping
DemandPrimary(Seccust) $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.15 $1.19 $124 $129
1 Fire and Civil Defense Siren Service $1.06 $1.06 $1.06 $1.06 $1.06 $1.10 $1.75 $1.19 $1.24 $129
2 * The six summer months aze: May, June, 3uly, August, September and October, per Minnesota Laws 1979, Chapter
3 189.
Green Sheet3031183
SCHEDULE FOR NSP ELECTRIC FRANCHISE FEES FOR ST. PAUL
�(� - ���p
Page 16
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Green Sheet 3031183
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S4,es �4-�e �a:�e s43e �e:88 �e:9e�e�e�'�8.se�3'�e,ss sa68�e 63 �"`'"
. � ', � � .� � � '
�EB �0 �8 .�✓�.� �A� �u�.AB'�BA�};.�i�.�B� �SA �vB.�A�rSf� s✓Fh3F/
l � � �
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�3:99 §489 $3,89 '�6A9
� I
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(C.F. No. 96-417, § 15, 5-15-96)
�Q-�Q�B ' '�V6EB ' i�9AC �'�9EZ ',
� � � �
w io:
„
Secrion �b 1Z Notifica[ion arovisions.
Unless otherwise provided, all norices which may be required to be or are given by either company or the city to the
other shall be in writing and shall be either (a) delivered by hand and receipted or (b) sent by
first class United States mail, unless a different class of mail is required by a specific provision in this ordinance,
postage paid, to the xepxesentatives at the addresses below:
(a) To the cornpany_
President and CEO NSP - Minnesota €�}ec�ie
Northem States Power Company
414 Nicollet MallMinneapolis, Minnesota 55401
with a copy to:
General Counsel
Law Department, Fifrh Floor
Northern States Power Company
414 Nicollet Mall
Minneapolis, Minnesota 55401
(b) To the city:
Director of Office of Financial Services
n:_..,..,._,.rc�.:�,�; .,.,a rn�.,....o...o.,, ce..
r/nl��..... .... ...b�. .� �...�..
(or its successor department or office)
City of Saint Paul
IS West Kellogg Boulevazd
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Green Sheet 3031183
Saint Paul, Mimiesota 55102-1616
with a copy to:
City Attorney
Office of the City Attomey
Ciry of Saint Pau1
15 West Kellogg Boulevard #400
6 �- 5
Page 18
Saint Paul, Minnesota SS i Q2-1616
Either the company or the city may change the above designated representarives and addresses by written notice as
provided in this section 17.
(C.F. No. 96-416, § 16, 5-15-96)
Creen Sheet 3031183
Page 19
1 Secrion 18. Amendment nrocedure. ���� �`
2 Either_gartv to tMs francluse agzeement mav at anv time or000se that the aereement be amended to address a subject of
3 concern, and the other partv will consider whether it agrees that the aznendment is mutually aporopriate. If an
4 amendment is aereed upon this franchise may be amended in accordance with Cha�er 16 City Charter and accented
5 bv the companv oursuant to Secrion 14 herein.
�
1_':
Yeas Nays Absent
Benanav
Bosirom
Hams �
Helgen �
Lan� f
Montgomery ,�
Thune ,/
� � �
AdaptedbyCouncil: Date, �� 2�? ��Y�
Requested by Depariment of:
�
�
a
By:
Form Approved by City Attomey
v
By: � � �
Approve by M Submission to Council
BY: �, /
�� ��4�7�i
✓'
�� � -� . � �. � y
_ �����
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� �-5R t o
Depar4neM/ofRce/council: Date Initiated: �
co -�w�� 2&JUN-06 Green Sheet NO: 3031183
Confact Person & Phone- �eturtrneM Sent To Person initial/Date
Matt Smith � 0 ioa cial rvic
266-8796 puj9n 1 ioa cial Services D arime t Direct r
Must Be on Council /�qenda by (Date): Number 2 � ttome �
FO�
Ro �� 9 3 a r's Offi e
Order 4 o cil
5 'ri Clerk
Total # of Signafure Pages _(Clip All Locatio� for Signature)
Action Requested: -
Granting a franchise to Northern States Power Company for the use of streets and other public property within Saint Paul for the
provision of electric service for a term beginning August 31, 2006, to continue for no longer then 20 yeazs and compensation to be
paid to the City under said franchise.
Rewmmendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
6cplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved: �
DisadvanYa9estfApproved: �
sura � g 2 � a
Disadvantages If Not Approved: .
_ �������
ToWI Amount of CosURevenue Budgeted:
Trensadion:
Funding Source: - Activity Number:
Financial fnformation:
(Explain) �
The full sentence contained on lines 7 and 8 of Page 3 of Council File #06-596 which
previously read as follows:
"The city shall pursue a policy of neutral treatment of right-of-way users whose facilities
are affected by Rail Projects."
has been stricken and replaced with the following amended language:
"The City shall pursue a policy of consistent and equitable treatment of right-of-way
users whose facilities are affected by Rail Projects. This shall not apply to any non-
govemmental grant application or award or any and all debt issued by the City of Saint
Paul or its Port Authority or any other public debt issuers, or to City Water or Sewer
matters. If the City supports a right-of-way user's request, other than City Water and
Sewer, relating to Rail Projects, the City shall, to the extent practicable, consistenUy
support the Company's request for reimbursement."