KyMEA
June 28, 2018 11:00 AM
Kentucky Municipal Energy Agency
A. MEETING OPENING
A.1. Guest Introductions
Discussion

David Denton thanked Dawn Hale and Stephen Mason for being in attendance.

B. Election Of Officers
Ron Herd
Rationale

Election Of Officers

  • Secretary
  • Treasurer

Discussion

KyMEA Secretary, Rob Leesman has joined the KyMEA staff and KyMEA Treasure, Ed Fortner will be retiring his position as Utility Director at Berea Utilities. An election will be held at the July Board Meeting to fill the two vacancies.


Ed Fortner also reported that Kevin Howard will step in as Berea's Director on the KyMEA board and Randy stone has been named the Alternate.


Kevin Frizzell also noted that David Blank would be replacing Rob Leesman as Owensboro's Alternate.

C. REPORTS
C.1. Executive Committee Report
Ron Herd
C.2. Financial Report
Ed Fortner & Heather Overby
Attachments
Actions Taken

Motion Passed:  Motion to approve the treasure's report passed with a motion by Mike Withrow and a second by David Denton.

Motion Passed:  Motion to accept the Financial Statement passed with a motion by Ed Fortner and a second by Chris Melton.

Discussion

CFO, Heather Overby requested for all consultant billing through 6/30/2018 to be submitted as KyMEA is preparing for the annual external financial audit.

D. CONSENT AGENDA
D.1. Approve Minutes
Michelle Hixon
Attachments
Actions Taken

Motion Passed:  Motion to approve the minutes from May 24, 2018 Board Meeting passed with a motion by David Denton and a second by Chris Melton.

E. DISCUSSION AGENDA
E.1. Update from KyMEA's CEO Regarding Ongoing Activities
Doug Buresh
Rationale

This will be an update from Doug on activities during the past month and planned for the coming month.

Attachments
E.2. Update from KyMEA's Interim CFO Regarding Ongoing Activities
Heather Overby
Rationale

This will be an update from Heather on activities during the past month and planned for the coming month.

E.3. Transmission Arrangements
Tom Trauger & Brown Thornton
Rationale

The Board will be provided an update regarding the Delivery Point transition plan.

 

Due to potential litigation and administrative proceedings, the following topics will be addressed in Closed Session.

 

  1. A filing has been made at FERC related to special arrangements for transmitting power from the LGE/KU system through PJM to Falmouth. We expect the filing to be contested.

     

  2. LGE/KU has proposed to make a filing at FERC to remove provisions of the Depancaking Agreement. KyMEA and other KY Municipals plan to contest LGE/KU’s filing.

Attachments
F. ITEMS PRESENTED FOR ACTION AT THIS MEETING
F.1. Arrangements for a Seasonal Sale to Berea
Brown Thornton & Charlie Musson
Rationale

KyMEA developed a proposal to sell capacity and energy to Berea only in the winter months. The proposed arrangement has been uploaded to the portal.

Attachments
Actions Taken

Motion Passed:  Motion to pass resolution to authorize and directs its President and CEO, Chairman, Secretary and other officers to enter into such contracts and agreements as may be necessary for KyMEA to sell 10 MW of seasonal capacity to Berea passed with a motion by Mike Withrow and a second by David Denton.

F.2. Public Comments
Chairman Herd & Charlie Musson
Rationale

This will be an opportunity for members of the public to provide input to the KyMEA Board. Comments will be limited to 5 minutes per speaker.

G. Closed Session pursuant to KRS 61.810(1)(c); KRS 61.810(1)(k) and KRS 61.878(1)(c) for the purpose of: (i) discussing proposed, potential or pending litigation relating to KyMEA and its members; (ii) presenting and discussing the proposals received in response to the RFP for Renewable Resources solicited under the competitive negotiation provisions of KRS 45A.370 and updating the negotiation proceedings; and (iii) presenting and discussing the proposals received in response to the Natural Gas/Combined Cycle Resource RFP solicited under the competitive negotiation provisions of KRS 45A.370 and updating the negotiation proceedings. KRS 61.810(1)(c) allows for closed session for the purpose of discussing proposed, potential and pending litigation relating to the agency. KRS 61.810(1)(k) and 61.878(1)(c) allow for closed session where discussions regarding records or information disclosed to the agency or required to be disclosed to the agency as confidential or proprietary would, if disclosed by the agency, provide an unfair advantage to competitors of the entity disclosing such information.
Rationale

This session will involve:
   1. Discussion of proposed, potential or pending litigation relating to the Falmouth transmission services to be provided by KyMEA;

   2. Discussion of proposed, potential or pending litigation relating to the LGE/KU Merger Mitigation Depancaking Agreement;

   3. Discussion of proposals received in response to the RFP for Renewable Resources and results of further discussions with certain proposers; and

   4. Presenting and discussing potential provisions of contracts with a proposer that responded to the Natural Gas/Combined Cycle Resource RFP.

KRS 61.810(1)(c) allows for closed session for discussion of proposed or pending litigation against or on behalf of the agency.

Items 3 and 4 above will involve discussion of power supply resources, including proposed and indicative pricing information provided by potential counterparties and other power supply contract provisions being discussed with proposers pursuant to Non-Disclosure Agreements (NDAs). The information to be discussed will include information of a commercially sensitive nature from the perspectives of both KyMEA and multiple potential counterparties.

KRS 61.810(1)(k) and 61.878(1)(c) allow for closed session where discussions regarding records or information disclosed to the agency or required to be disclosed to the agency as confidential or proprietary would, if disclosed by the agency, provide an unfair advantage to competitors of the entity disclosing such information.

Attachments
Actions Taken

Motion Passed:  Approval to enter into Closed Session pursuant to KRS 61.810(1)(c); KRS 61.810(1)(k) and KRS 61.878(1)(c) for the purpose of: (i) discussing proposed, potential or pending litigation relating to KyMEA and its members; (ii) presenting and discussing the proposals received in response to the RFP for Renewable Resources solicited under the competitive negotiation provisions of KRS 45A.370 and updating the negotiation proceedings; and (iii) presenting and discussing the proposals received in response to the Natural Gas/Combined Cycle Resource RFP solicited under the competitive negotiation provisions of KRS 45A.370 and updating the negotiation proceedings. KRS 61.810(1)(c) allows for closed session for the purpose of discussing proposed, potential and pending litigation relating to the agency. KRS 61.810(1)(k) and 61.878(1)(c) allow for closed session where discussions regarding records or information disclosed to the agency or required to be disclosed to the agency as confidential or proprietary would, if disclosed by the agency, provide an unfair advantage to competitors of the entity disclosing such information. passed with a motion by Kevin Frizzell and a second by Chris Melton.

H. RETURN TO OPEN SESSION
Actions Taken

Motion Passed:  Approval to return to Open Session passed with a motion by Mike Withrow and a second by Ed Fortner.

I. ACTIONS RELATED TO MATTERS DISCUSSED IN CLOSED SESSION
Charlie Musson
Rationale

Dependent on Closed Session Discussions

J. UPCOMING MEETINGS
Rationale

The KyMEA Board of Directors shall hold its regular meetings on the fourth Thursday of each month, except for the months of November and December when the regular meeting shall be held on the third Thursday. 

The regular meetings shall convene and commence at 10:00 AM Central time on said dates.

The regular meetings shall held at the Bowling Green Municipal Utility located at 801 Center St, Bowling Green, KY 42101 in Bowling Green, Kentucky or at such location to be designated by the Board.

Thursday, June 22, 2017, 10:00AM Central Time, Bowling Green Municipal Utility

WEDNESDAY, July 26, 2017, 11:00AM EASTERN Time, Embassy Suites, 201 South Fourth St, Louisville, KY  40202  *Date and Location held in conjunction with KMUA meeting July 27-28 in Louisville. **Heather to confirm date and location

Thursday, August 24, 2017, 10:00AM Central Time, Bowling Green Municipal Utility

Thursday, September 27, 2017, 10:00AM Central Time, Bowling Green Municipal Utility

Wednesday, October 25, 2017, Time and Location TBA

Thursday, November 16, 2017, 10:00AM Central Time, Bowling Green Municipal Utility

Thursday, December 21, 2017, 10:00AM Central Time, Bowling Green Municipal Utility

Thursday, January 25, 2018, 10:00AM Central Time, Bowling Green Municipal Utility

Thursday, February 22, 2018, Time and Location TBA

Thursday, March 22, 2018, 10:00AM Central Time, Bowling Green Municipal Utility

Wednesday, April 25 2018, 10:00AM Central Time, Cumberland Falls State Resort Park, "Moonbow" Meeting Room 

Thursday, May 24, 2018, 10:00AM Central Time, Bowling Green Municipal Utility

Thursday, June 28, 2018, 11:00AM EasternTime, Frankfort Plant Board

Wednesday, July 25, 2018, 1:00PM Central Time, Lake Barkley State Park

 

 


K. OTHER BUSINESS
L. ADJOURNMENT
Actions Taken

Motion Passed:  Motion to adjourn passed with a motion by Ed Fortner and a second by Chris Melton.