An open records request was submitted to the City of Georgetown on July 9, 2015 requesting a copy of the contract between the City and SunEdison for the purchase of solar generated electricity. The City has tentatively denied that request saying that the contract contains "competitive information" that is allowed to remain secret under Texas law. An appeal has been submitted to the Texas Attorney General who has final authority over open records requests. A copy of the appeal follows and now we wait for the Attorney General's decision.
July 31, 2015
Office of the Attorney General
Attention: Open
Records Division
P.O. Box 12548
Austin, Tx 78711-2548
Re: Open Records Request from City of Georgetown: G001402-070915
Dear Sir or Madam:
The following request to the City of Georgetown was made on July 9, 2015 by the
undersigned:
Please provide a copy of the 25-year
contract between Georgetown and SunEdison to purchase 150 megawatts of capacity
produced by a 600,000 panel photo-voltaic array to be constructed in West Texas.
This contract was announced to the public in March 2015.
The City has
indicated they are denying my request based on Texas Government Code paragraph
552.133(a1) relating to competitive matters.
Since the
requested contract is for a span of 25 years, it is not a competitive matter
for the City as they will not be bidding the contract for 25 years. I am sure SunEdison would argue that the
information in the contract is competitive information as they seek to secure
other contracts. I firmly believe the
needs of the public override the needs of
any private company to keep all of the contract hidden from the public. Furthermore, the terms and conditions in Georgetown's contract are
not necessarily the terms that SunEdison would include in another bid. Their bid would include many factors that
change over time and would be different from those included in Georgetown's contract. Technology is advancing at a significant rate
in all segments of electric power, including solar cell manufacturing,
rectification and energy storage to name a few.
These developments would make
trade secrets in the contract irrelevant over time as new technology is
adopted.
As a ratepayer
and taxpayer of Georgetown,
I believe I am entitled to know the following:
What is the price Georgetown will be paying SunEdison and how
does it potentially impact my personal electric rates?.
What are the conditions that allow
price increases to Georgetown?
What is the minimum and maximum
delivery of electricity in megawatts specified in the contract?
What are the risks to the city for
non-performance by SunEdison and what are the corrective
actions?
What are
the terms and conditions that govern the time when cloud cover prevents SunEdison from providing the required
electricity. The City estimates 2% of
the time renewables will not
provide the required electricity. That
is 175 hours or 7.3 days per year.
Does the
contract allow the sale or assignment of
the contract with Georgetown
to another entity and what are
the risks associated with that?
What are
the risks and consequences to Georgetown
if the Federal Energy Credits are not renewed
next year?
Georgetown has stated it
will have the ability to purchase
electricity from ERCOT using green energy
credits when the need arises at no additional cost to its customers. Does the contract
with SunEdison allow or require the transfer of energy credits to the City or
does the City have to purchase them?
I am not seeking trade secrets with respect to construction
of any power generators or any costs
associated with power generation or any confidential financial information
relating to the internal operation of SunEdison.
I am willing to
accept a redacted copy of the contract with trade secrets and confidential
financial information redacted and will resubmit my request so stating if
necessary.
Transparency in government is the only way that citizens
have to assure their government is operating ethically and legally. The Electric Fund comprises almost 25% of Georgetown's annual budget. Without knowledge of the terms and conditions
of the SunEdison contract, a citizen has no way to independently assess the
appropriateness of the City's budget.
Your commitment to open government will be greatly
appreciated in responding affirmatively to my request.
Sincerely,