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Carlsbad Seawater Desalination
Project Status Report




                            Water Planning Committee
                                         July 26, 2012
                                                   1
                                                  1 1
Today's Status Report on Carlsbad
Desalination Project

1. Status of WPA Negotiations
2. Status of Due Diligence Activities
3. Other Project Related Issues
4. Upcoming Board and Other Public Meetings




                                              2
Status of Negotiations for a Water Purchase
Agreement
 Final Draft Agreement under production
   All major deal points and key provisions previously reviewed by Board
    Advisory Group
     Commercial terms
     Economic terms

   Resizing of minimum annual commitment to 48 TAF included in final draft
   Technical appendices near completion

 Due Diligence status
   Finalizing financial pro-forma assumptions to reflect terms and conditions
    of Draft WPA
   Poseidon finalizing price for construction and operations based on Water
    Authority direction

                                                                                 3
Other Carlsbad Desalination Project Related
 Issues
 Bond and Financing Process Advancing
   Draft documents prepared and under review
   Ensure Project is investment grade
   BBB- or better

 July 26th Water Planning Committee
   Energy Pricing Workshop
   SWRCB development of intake and discharge guidelines for seawater
    desalination at July 26 Water Planning

 Draft Design Build Agreement for conveyance pipeline being
  developed
 Pricing for improvements at Twin Oaks WTP under discussion


                                                                        4
Other Carlsbad Desalination Project Related
 Issues (Continued)
 Incorporation of Carlsbad desalination into rates and charges
   Presented workshop information to member agency managers
   Meet again with member agency managers and finance officers in August
   Return to Board at August meeting with information item on alternatives
    and member agency comments

 Contracts with member agencies for purchase as local supply
   Meeting scheduled with interested member agencies on July 31st
   Provide draft Water Authority – Member Agency agreement in August
   60 day member agency review period begins with distribution of Draft
    WPA



                                                                              5
Upcoming Meetings
 August 9th Board workshop
     Overview of Key Provisions in Draft WPA
     Assignment of risk to the parties
     Detailed discussion on pricing

 August Regular Board Meeting
       Continue discussion on incorporation into rates and charges
       Presentation on desalination and supply reliability
       Update on member agency local supply planning

 September Regular Board Meeting
       Continue discussion on key provisions of Draft WPA
       Review actions related to Pipeline 3 rehabilitation, Twin Oaks and other
        distribution system activities

 September Public Meetings (Two)
       Evening Water Planning Committee meeting in Carlsbad
       Evening Water Planning Committee Meeting in Kearny Mesa
                                                                                   6
Water Planning Committee Meeting
          July 26, 2012
Current State Water Resources Control
 Board Regulatory Framework
 State Water Board regulates ocean intakes and
 discharges
   Intakes (California Water Code)
   Discharges (NPDES permit and Ocean Plan)

 Ocean Plan does not specifically address desalination
 nor does it have a salinity objective
   Current regulations address desalination impacts
   Carlsbad desalination project was fully permitted under
    existing regulatory structure

                                                          8
Proposed Ocean Plan Amendment
 SWRCB has initiated a process to amend the ocean
  plan to specifically address desalination projects
    Identified as very high priority in Triennial Review
        On-going planning for multiple ocean desalination facilities

 Proposed components of amendments
    Narrative objective for salinity (specific % over
     background)
    Provisions to minimize marine life impacts
    Implementation provisions



                                                                        9
State Water Board Amendment Process
 Public meetings on the process held to date
    Stakeholder Meeting - April 18, 2011
    CEQA Scoping Meeting - March 30, 2012

 State Board initiated a series of technical scientific
  studies to address information gaps related to
  proposed amendments




                                                           10
Scientific Studies
1. Salinity Toxicity Studies
       “Preliminary final draft” released on July 16, 2012
2. Expert Panel on Intake Impacts and Mitigation
       Public meeting on November, 2011
       Final report released March 14, 2012
3. Expert Panel on Impacts and Effects of Brine
      Discharges
       Public meetings on July 5 and December 8-9, 2011
       Final draft released March 2012


                                                              11
Key Concerns Identified to Date
 Overall concerns
    Proposed amendments need to recognize site-specific nature
     of projects
 Intake
    Expert panel conclusions generally consistent with Carlsbad
     permits
    State Board acknowledges that not all technologies are
     feasible or cost effective at every site
 Brine discharge
    Salinity toxicity study findings generally concur with Carlsbad
     permit findings
    Statewide salinity objective not appropriate
        Not based on site characteristics, including species tolerances
   Proposed amendments need to allow flexibility to use different
    salinity mitigation strategies
                                                                           12
Public Involvement
 Stakeholder engagement
    Water Authority
    CalDesal
    Desalination agencies
    Environmental groups
    Poseidon Resources

 Technical studies review under way
    CalDesal agencies and experts reviewing to identify
     specific concerns
    Comment letters to the Board will be prepared

                                                           13
Schedule and Next Steps
 Public Workshop on August 22nd in Sacramento
    Present findings of scientific studies
    Public comments

 Public review draft and comment period
 Public hearing before State Water Board




                                                 14

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Update on Carlsbad Seawater Desalination Purchase Agreement

  • 1. Carlsbad Seawater Desalination Project Status Report Water Planning Committee July 26, 2012 1 1 1
  • 2. Today's Status Report on Carlsbad Desalination Project 1. Status of WPA Negotiations 2. Status of Due Diligence Activities 3. Other Project Related Issues 4. Upcoming Board and Other Public Meetings 2
  • 3. Status of Negotiations for a Water Purchase Agreement  Final Draft Agreement under production  All major deal points and key provisions previously reviewed by Board Advisory Group  Commercial terms  Economic terms  Resizing of minimum annual commitment to 48 TAF included in final draft  Technical appendices near completion  Due Diligence status  Finalizing financial pro-forma assumptions to reflect terms and conditions of Draft WPA  Poseidon finalizing price for construction and operations based on Water Authority direction 3
  • 4. Other Carlsbad Desalination Project Related Issues  Bond and Financing Process Advancing  Draft documents prepared and under review  Ensure Project is investment grade  BBB- or better  July 26th Water Planning Committee  Energy Pricing Workshop  SWRCB development of intake and discharge guidelines for seawater desalination at July 26 Water Planning  Draft Design Build Agreement for conveyance pipeline being developed  Pricing for improvements at Twin Oaks WTP under discussion 4
  • 5. Other Carlsbad Desalination Project Related Issues (Continued)  Incorporation of Carlsbad desalination into rates and charges  Presented workshop information to member agency managers  Meet again with member agency managers and finance officers in August  Return to Board at August meeting with information item on alternatives and member agency comments  Contracts with member agencies for purchase as local supply  Meeting scheduled with interested member agencies on July 31st  Provide draft Water Authority – Member Agency agreement in August  60 day member agency review period begins with distribution of Draft WPA 5
  • 6. Upcoming Meetings  August 9th Board workshop  Overview of Key Provisions in Draft WPA  Assignment of risk to the parties  Detailed discussion on pricing  August Regular Board Meeting  Continue discussion on incorporation into rates and charges  Presentation on desalination and supply reliability  Update on member agency local supply planning  September Regular Board Meeting  Continue discussion on key provisions of Draft WPA  Review actions related to Pipeline 3 rehabilitation, Twin Oaks and other distribution system activities  September Public Meetings (Two)  Evening Water Planning Committee meeting in Carlsbad  Evening Water Planning Committee Meeting in Kearny Mesa 6
  • 7. Water Planning Committee Meeting July 26, 2012
  • 8. Current State Water Resources Control Board Regulatory Framework  State Water Board regulates ocean intakes and discharges  Intakes (California Water Code)  Discharges (NPDES permit and Ocean Plan)  Ocean Plan does not specifically address desalination nor does it have a salinity objective  Current regulations address desalination impacts  Carlsbad desalination project was fully permitted under existing regulatory structure 8
  • 9. Proposed Ocean Plan Amendment  SWRCB has initiated a process to amend the ocean plan to specifically address desalination projects  Identified as very high priority in Triennial Review  On-going planning for multiple ocean desalination facilities  Proposed components of amendments  Narrative objective for salinity (specific % over background)  Provisions to minimize marine life impacts  Implementation provisions 9
  • 10. State Water Board Amendment Process  Public meetings on the process held to date  Stakeholder Meeting - April 18, 2011  CEQA Scoping Meeting - March 30, 2012  State Board initiated a series of technical scientific studies to address information gaps related to proposed amendments 10
  • 11. Scientific Studies 1. Salinity Toxicity Studies  “Preliminary final draft” released on July 16, 2012 2. Expert Panel on Intake Impacts and Mitigation  Public meeting on November, 2011  Final report released March 14, 2012 3. Expert Panel on Impacts and Effects of Brine Discharges  Public meetings on July 5 and December 8-9, 2011  Final draft released March 2012 11
  • 12. Key Concerns Identified to Date  Overall concerns  Proposed amendments need to recognize site-specific nature of projects  Intake  Expert panel conclusions generally consistent with Carlsbad permits  State Board acknowledges that not all technologies are feasible or cost effective at every site  Brine discharge  Salinity toxicity study findings generally concur with Carlsbad permit findings  Statewide salinity objective not appropriate  Not based on site characteristics, including species tolerances  Proposed amendments need to allow flexibility to use different salinity mitigation strategies 12
  • 13. Public Involvement  Stakeholder engagement  Water Authority  CalDesal  Desalination agencies  Environmental groups  Poseidon Resources  Technical studies review under way  CalDesal agencies and experts reviewing to identify specific concerns  Comment letters to the Board will be prepared 13
  • 14. Schedule and Next Steps  Public Workshop on August 22nd in Sacramento  Present findings of scientific studies  Public comments  Public review draft and comment period  Public hearing before State Water Board 14