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HomeMy WebLinkAboutMINUTES - 03012011 - C.43RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract in an amount of $2,975,000 with Contra Costa Generating Station, LLC, (a wholly-owned subsidiary of Radback Energy, Inc.) for the period beginning March 1, 2011 and continuing until terminated under the provisions of the contract, to provide design review, plan check and construction inspection services for the proposed Oakley Generating Station Power Plant Project. FISCAL IMPACT: All County costs incurred related to this contract will be fully recovered through fees charged to the power plant operator that will oversee construction, Contra Costa Generating Station, LLC. BACKGROUND: The Oakley Generating Station is a proposed thermal electric power plant which is the subject of an Application for Certification by Radback Energy, Inc., its original proposed operator, to the California Energy Commission. The site of the proposed power plant is on 21.95 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/01/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Crapo, 925-335-1108 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 1, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.43 To:Board of Supervisors From:Jason Crapo, County Building Official Date:March 1, 2011 Contra Costa County Subject:Contract to Provide Building Inspection Services for the Oakley Generating Station BACKGROUND: (CONT'D) acres at 6000 Bridgehead Road in northeastern Contra Costa County, within the City of Oakley. The plant if constructed would be a natural gas- fired, combined-cycle facility with a nominal generating capacity of 624-megawatts. The CEC has requested the Department of Conservation and Development (DCD), Building Inspection Division, to serve as Chief Building Official (CBO) for the Oakley Generating Station project. The County Building Inspection Division has extensive prior experience providing building inspection serves for power plant projects, and has served in the capacity of CBO for previous power plant projects on behalf of the CEC. The Contra Costa Board of Supervisors on February 8, 2011 authorized DCD to execute a Memorandum of Understanding (MOU) with the California Energy Commission "For Design Review, Plan Check, and Construction Inspection of the Oakley Generating Station Project." The MOU states that, "In the event the California Energy Commission approves the project," it will issue 'Conditions of Certification' in a formal 'Decision.' The MOU states, "If the Project is approved, the Decision will require that Radback Energy, Inc. submit "engineering plans... and other project related information to the CBO for the project for review and approval, prior to and during construction of the project." The MOU directs DCD to enter into a contract with the project operator, Radback Energy, Inc. so that DCD can recover its costs for providing the specified services. Pursuant to the MOU, DCD is currently proposing to enter into a contract to provide design review, plan check, and construction inspection services, beginning March 1, 2011, with Contra Costa Generating Station, LLC. This entity, which DCD now indicates would be the operator of the proposed generating station if approval is obtained from CEC, is a wholly-owned subsidiary of Radback Energy, Inc. A decision by the CEC whether to authorize construction of the proposed power station is expected approximately May 18, 2011. DCD indicates that the purpose of approving the proposed contract before action by the CEC, beginning March 1, 2011, for design review, plan check, and construction inspection services, is to enable Contra Costa Generating Station, LLC to begin construction of the plant immediately following the CEC decision in May, if the CEC approves the project. Services under the contract would be provided on an ongoing basis between March 1, 2011 and through the anticipated date of completion of construction, at which time commercial operation would begin, after 39 months or approximately July 1, 2014, according to the CBO. If the proposed contract between the County Building Official and Contra Costa Generating Station, LLC, is not approved until after CEC's final decision, construction could not begin until after July 1, 2011, when new regulations would take effect which could jeopardize the project, according to the CBO. CONSEQUENCE OF NEGATIVE ACTION: If the proposed contract is not approved, DCD will not be able to enter into a contract in the amount of $2,975,000 with Contra Costa Generating Station, LLC, for design review, plan check, and construction inspection services for the proposed Oakley Generating Station Power Plant Project, effective March 1, 2011 for a term not to exceed 39 months. CHILDREN'S IMPACT STATEMENT: No impact.