AN ORDINANCE relating to the City Light Department, repealing Ordinance 122335, and establishing a Rates Advisory Committee and defining its role and composition.

WHEREAS, recommendations of Rates Advisory Committees established under previous City Council Resolutions have provided valuable policy direction for the City of Seattle; and

WHEREAS, the Mayor and the City Council are committed to ensuring that electric ratepayers have multiple opportunities to participate in each review of City Light Department rates; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Repeal. Ordinance 122335 is repealed and the Rates Advisory Committee established by that Ordinance and any currently active appointments are terminated.

Section 2. Establishment. An ad hoc City Light Department (Department) Rates Advisory Committee (RAC) is established that will be convened each time the Mayor proposes changes to the Department's base rates, unless that change is the result of an automatic pass through provided for in Section 21.49 of the Seattle Municipal Code.

The RAC shall consist of nine members drawn from among the Department's customers, five of whom shall be nominated by the Mayor and four by the chair of the City Council Committee responsible for oversight of the Department (Chair), all of whom shall be confirmed by the City Council.

The Chair shall nominate at least one member from each of the residential and small commercial customer groups. The Mayor shall nominate at least one member each from the large commercial or industrial, network, and suburban customer groups.

The Mayor, in anticipation of proposing rates, will initiate the process of convening a RAC timely enough to allow confirmation of a RAC by the City Council at least 180 days prior to the formal action by the City Council on the rates. The appointments shall end upon adoption of rates by the City Council.

Members will serve without pay, but may be reimbursed for legitimate expenses incurred to attend meetings. Members may be dismissed by the Chair, after consultation with the other members of the responsible Council Committee, for three consecutive unexcused absences or for other cause.

Upon the resignation, dismissal, or incapacity of a RAC member, the nominating authority may appoint a replacement to serve the remainder of the member's term.

Section 3. Organization. The RAC may adopt rules for its own procedures, including quorum requirements and the frequency of meetings. The RAC shall select a member to act as the principle liaison with the Mayor and the City Council. Meetings of the RAC will be open to the public, unless, had the RAC been subject to Chapter 42.30 Revised Code of Washington, that law would not have required that the meeting or portion thereof be open to the public.

The Department shall provide staffing and logistical support to the RAC for the duration of its tenure, and shall within reason make available to it all information deemed by a majority of the RAC to be necessary for its deliberations.

Section 4. Mission. The RAC shall provide advice to the Mayor and the City Council solely on issues relating to the adequacy and appropriateness of the Department's revenue requirements and rate design proposals, and other rate-related issues identified by the Mayor or the City Council during the RAC's tenure.

Section 5. Reporting. The RAC shall keep a written record of its proceedings which shall be a public record. The RAC shall report its findings and recommendations in writing to the Mayor and the Council at least two weeks prior to action on the rate legislation by the responsible Council Committee. The RAC shall endeavor to find consensus, but significant disagreements on findings or recommendations should be noted in its written report.

Section 6. Ratification. Any act consistent with the authority of this ordinance and taken after its passage but prior to its effective date is ratified and confirmed.

Section 7. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2009, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2009.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2009.

_________________________________

Gregory J. Nickels, Mayor

Filed by me this ____ day of __________________________, 2009.

____________________________________

City Clerk

(Seal)

Tony Kilduff

LEG Rates Advisory Cmte ORD

June 12, 2009

Version #1a

Form Last Revised on December 17, 2008 1