NEW YORK ATLANTA LONDON Duane Morris® BALTIMORE SINGAPORE WILMINGTON PHILADELPHIA F!RM and AFFIL!A1E OFFICES MIAMI CHICAGO BOCA RATON WASHINGTON, DC PITTSBURGH SAN FRANCISCO PHYLLIS J. KESSLER NEWARK SILICON VALLEY DIRECT DIAL: +l 212 4714713 LAS VEGAS SAN DIEGO PERSONAL FAX: +12122024717 CHERRYHILL SHANGHAI E-MAIL: [email protected] LAKE TAHOE BOSTON MYANMAR HOUSTON 1v1vw,duanemorris.com OMAN LOS ANGELES A GCC REPRESENTATIVE OFFICE HANOI OF DUANE MORRIS HO CHI MINH CITY MEXICO CITY ALLIANCE WITH MIRANDA& ESTAVILLO SRI LANKA ALLIANCE WITH March 28, 2016 GOWERS INTERNATIONAL
Via Email Ms. Alicia Sullivan Appeals Unit, Supervisor Office of Consumer Services New York Public Service Commission 3 Empire State Plaza Albany, New York 12223
Re: Case No. 16-E-0124 (440805), 170 Broadway, New York, New York 10038
Dear Ms. Sullivan:
Thank you for the opportunity to provide additional information or documentation to the Consumer Services Division of the Public Service Commission ("PSC" or "Commission") which has not been previously provided to the record in the above-referenced matter. We are submitting this letter, together with the reports of Keith Lane of Lane Coburn & Associates, LLC and Roman Kuzmicki of Cosentini Associates, to provide such information, documentation and analysis on behalf of our client, 170 Broadway NYC, LP ("Complainant").
We are providing the following additional information:
1. The timing of energizing and de-energizing of the 1200 ampere switch and associated CTs installed for use during construction for the period of renovation of the building;
2. Based on that information, an explanation of how the incorrect demand registration may have occurred;
3. Invalidity of Con Edison's CT Test;
4. Building demand during building usage after completion of renovations;
DUANE MORRIS LLP
1540 BROADWAY NEW YORK, NY 10036-4086 PHONE: +l 212 692 1000 FAX: +1 212 692 1020 DM2\6634627.2 Ms. Alicia Sullivan March 28, 2016 Page2
5. Failure of proof of theft of service and recent Commission order overturning informal hearing order finding theft of service;
6. New computation of amount of overcharge plus interest due.
1. The Dates of Energizing and De-energizing the 1200 Ampere Switch and Associated CTs Support the Conclusion that the Billed Demand During the Billing Period from February 1, 2013 through March 20, 2014 were Incorrect
Recently, we learned the exact dates when the 1200 ampere switch and associated CTs were energized and de-energized from Rondulph Soogrim, the electrician from Pinnacle Electrical who oversaw the electrical work during the renovations at 170 Broadway. These dates, when compared with bills rendered by Con Edison, support the conclusion that the unexpected and unprecedented increase in billed demands was related to the installation of the 1200 ampere switchgear and CTs, which were energized on February 8, 2013.
The 1200 ampere switch was installed, as stated in our February 24, 2016 letter to Secretary Burgess ("Appeal Letter"), Id. at 3, on a temporary basis so that the electrical room in the building could be updated and expanded during construction. According to an email recently found by Mr. Soogrim, the 1200 ampere switch and CTs, which had been previously installed by Pinnacle Electric, were energized on February 8, 2013, during a shutdown of power to the building by Con Edison. 1 See Exhibit 1 and Exhibit 2 at 1. As stated in the Affidavit of Rondulph Soogrim, dated March 28, 2016, the connection between the CTs and the Con Edison meter was performed by Pinnacle Electric, the company Mr. Soogrim was employed by, rather than Con Edison. Id. at 2.
After the CTs were energized on February 8, 2014, demand recorded on Con Edison's meter increased substantially. Demand for the billing period from January 2, 2013 through February 1, 2013 was 72 kW, while the demand in the next billing period (from February 1 to March 5, 2013) was 992 kW, up more than ten times above the demand recorded in the previous month. See Exhibit E from the Appeal Letter.
The 1200 ampere switch and associated CTs were removed on March 8, 2014. On that date, Pinnacle shut down the power within the building in order to energize new switchgear and CTs for permanent service. See, Exhibit 2 at 2 and Exhibit 3. Significantly, the demand registered on the Con Edison meter for the next full billing period (March 20 to May 2, 2014) and for subsequent billing periods dropped back to a level that was in the range of what was expected.
Con Edison shut down the power from the street at Pinnacle's request so that the building's electricians could move the end box, i.e., where the Con Edison service lateral from the street terminates in the customer's electrical room, from the ceiling to a wall in the electrical room. At the same time, the building's electricians installed the CT panel and the 1200 ampere switch. Exhibit 2 at 1-2.
DM2\6634627 .2 Ms. Alicia Sullivan March 28, 2016 Page 3
Con Edison's tariff provides that the Company is responsible for proving the connection between the current transformer ("CT") and the meter pan(s) identified to the customer's service. See PSC No. 10-Electricity, General Rule 7.1, Leaf 64. It is apparent that there was an issue with the connection between the temporary CTs and the meter, as the timing of the increase in the billed demand relates to the energizing of the CTs and temporary switch in February 2013. Only after those CTs were removed and new CTs were energized in March 2014 did the billed demands return to normal levels.
2. Explanation of Cause of Excessive Recorded Demands
During the informal hearing, Con Edison argued that the bills rendered to Complainant were correct because its meter inspections and the meter test showed that the meter was running properly. In addition, Con Edison claimed that it inspected the CTs and that they too were running properly.
As explained in the Appeal Letter, Complainant was convinced that there was a problem, although unexplained, because the demand readings for the network transformers for the network that comprised 170 Broadway and other buildings were frequently lower than the demands recorded by the meter on Complainant's premises. Faced with this evidence, Con Edison did not choose to rebut it and failed to explain how such a discrepancy between the readings on the transformer network and the building's meter was possible.
After becoming aware of the correlation of the increase in billed demands to the date for energizing the CTs and the 1200 ampere switch in February 2013, as well as the correlation between the drop in the billed demands after new CTs and permanent building switchgear were energized in March 2014, and hoping to get to the bottom of the discrepancy between the building's billed demand and the transformer network demand readings, as well as to provide an explanation to the Commission, Complainant decided to hire an expert electric engineer, Keith Lane of Lane Coburn Associates, LLC, to provide a report for this purpose and to hire Roman Kozmicki of Cosentini Associates, an independent engineering consultant to provide a separate report.
A. Consultants' Findings Support Overcharge
i. Lane Co burn Report. Mr. Lanes' s report confirms the earlier information provided by Demetrios Plessias (see Exhibit C and Exhibit D (at Exhibit 1) of the Appeal Letter) that there is no possible safe manner for 1200 ampere switchgear providing service at 208 volts, 3-phase to draw 4,208 MW of power from Con Edison, notwithstanding the demands recorded on the Con Edison meter for the billing period from March 5 through March 20, 2014. See Report of Lane Coburn & Associates, LLC. Exhibit 4 at 6.
According to Mr. Lane, the maximum allowable NEC calculated load for the 1200 ampere switch is 367 kW, but the load on the demand meter is typically in a range between 20% and 70% of the maximum NEC calculated load. Therefore, the expected load should likely not
DM2\6634627.2 Ms. Alicia Sullivan March 28, 2016 Page4 have exceeded 257 kW while the temporary 1200 ampere switch was powering the premises. Moreover, billing over 367 kW was not possible if installed per code and in a safe manner. Exhibit 4 at 7.
Even after the permanent switchgear and CTs were installed, the 3500 ampere service lateral that provided power to the building could not draw over 1071 kW under NEC standards, and applying a 70% factor, would not likely be higher than 750 kW. Id.
In the opinion of Lane Coburn & Associates, the most likely cause of the overbilling was incorrectly coordinating the actual meter CT ratio utilized in converting measured amperes to determine the amount of power used by the customer. Exhibit 4 at 8.
ii. Cosentini Report. The report provided by Costentini Associations, authored by Roman Kuzmicki, (Exhibit 5) also finds that the erroneous readings from the Con Edison meter were due to incorrect installation of metering equipment and use of an incorrect multiplier for converting the current transformer (CT) values for calculating power demand and energy consumption. The readings used by Con Edison during the period when the temporary 1200 ampere switch was installed should be discounted, just as Con Edison discounted the reading of over 6000 kW in October 2014. Instead, the power usage estimates provided by EnergyWatch more closely reflects the probably energy consumption. Exhibit 5 at 2.
Mr. Kuzmicki determined that the existing service lateral, which is limited to 3500 amperes, could provide no more than 1127 kW. Id. at 4. When the building was operating as a commercial building, he would have expected the maximum demand to be no more than 1000 kW. Id. at 3.
Because Manhattan is an N+2, or second contingency service area, the service installation to the building must be designed for loss of two primary service feeders and associated transformers. The street network provides for network resiliency is enhanced by interconnecting with other transformers in the area. Id. at 3. This type of service configuration had been established for the office building before it was renovated. However, actual usage in the building during construction could not exceed 389 amperes. Id. at 4.
B. Con Edison's Tariff Entitles Complainant to a Corrected Bill
As referenced above, the General Rules of Con Edison's tariff require the utility to prove the connection between the current transformer and the meter pan(s) identified to the customer's service. PSC No. 10-Electricity, Section 7 .1, Leaf 64. Since Pinnacle Electric, not Con Edison, connected the CTs to the Con Edison meter, at minimum, Con Edison should have checked the connection between the CTs and the meter pan to make sure that the connection and the meter CT ratio was correct. Nothing in the record indicates that this was done. In fact, Mr. Soogrim states that Con Edison never checked the CTs or the wires to the meter. Exhibit 2 at 2.
DM2\6634627.2 Ms. Alicia Sullivan March 28, 2016 Page 5
However, even if Complainant were at fault, it is still entitled to a correct bill. General Rule 7 .1 provides, in relevant part:
"Where the Customer's service equals or exceeds 1000 amperes, and the service is measured by one or more current transformer meters installed and maintained by the Company, the Company shall not be liable to refund payments for service rendered more than 24 months before the Company became aware that such payments were based on incorrect billing resulting from the Customer's failure to provide, or arrange to be provided with, properly identified, suitable wiring and equipment; provided, however, that the Company shall be responsible for proving the connection between the current transformer and the meter pan(s) identified to the Customer's service."
The Complainant advised Con Edison of the overbillings by letter dated April 29, 2014. See Exhibit 6.
3. Con Edison's CT Test was Performed on the Wrong CTs
Con Edison argued that its bills were correct based on its meter test, which met the Commission's performance requirements, and its test of the CTs, which Con Ed advised, performed properly. The meter test referred to by Con Edison, was performed on or about November 14, 2014. See Exhibit 7. The test of the CTs was not performed until May 27, 2015. On that date, the CTs were found to be within the specified tolerance of+/- 2% of the nominal CT ratio. Exhibit 8, p. 4.
Although the CTs were found to be working, Con Edison did not test the CTs which are at issue. The CTs in place at the time of the test were those CTs energized on March 8, 2014, i.e., those associated with the permanent installation of switch gear and the new CT cabinet energized by Pinnacle on that date. Therefore, the results of the CT test are meaningless in the context of this dispute.
4. Bills for Full Building Service Support a Finding that the Billed Demand was Excessive During the Period Complained Of
Complainant was able to obtain billing information for 170 Broadway for the period from December 11, 2014, when it transferred title of the building at 170 Broadway to Marriot, through September 2015. Exhibit 9. These data support Complainant's contention that the billed demands during the period at issue were excessive.
The billing information found on Exhibit 9 cover the winter of 2015 as well as the summer. During full building service, with the hotel operating, the billed demand ranged from a low of233.2 kW in April and May to a high of 348 kW in July and August, when the building
DM2\6634627.2 Ms. Alicia Sullivan March 28, 2016 Page 6 was on permanent power, and running its HVAC equipment during full operations. During construction, although the building had electric heaters in place for several months, there was no HVAC and the building's electrical equipment was not yet in place. Under those circumstances, demand should have been lower than during full operations, not higher. Given the range of demand readings after the hotel became operational, one must question how the demand of 4208 kW billed in October 20142 (see Exhibit E to Appeal Letter, p.2) could have been correct. This is corroborated by the fact that the demand in September 2015 was only 323.5 kW, less than 10% of the amount the year before. See Exhibit 9.
5. The Overcharge Totals in Excess of $500,000 Before Interest is Applied
After reviewing the reports submitted by Lane Coburn & Associates and Cosentini Associates, EnergyWatch recalculated the amount of the overcharge on the bills rendered by Con Edison to Complainant. In addition, EnergyWatch computed the interest due to Complainant based on the payments made by Complainant in excess of what was owed to Con Edison is $558,116.14. Interest on the overpayment computed from the billing periods when the overcharges were made through March 2016 equal $301,240.13, for a total of $859,356.27 for Con Edison's distribution charges. This does not include overcharges by ConEd Solutions. Exhibit 10.3
6. Con Edison Failed to Prove that a Theft of Service
In its response to the Informal Complaint, Con Edison asked the Commission to deny the relief sought by the Complainant because of the purported theft of service, arguing the this led them to conclude that Complainant actually used the service billed to them. See Exhibit 11, p. 1.
Although Complainant had been complaining about excessive bills for months, it first learned that the CTs installed on March 8, 2014 were improperly wired upon receipt of a letter from Con Edison dated January 16, 2015. That letter advised Kent Kirkman of Highgate Hotels 1) that on August 12, 2014, its inspectors found Complainant had not been billed for all of the electricity used due to a shunt condition, and 2) billed Complainant for an additional $6,496.99 for power used from February 21, 2014 to August 12, 2014. That letter did not claim that there was a theft of service. See Exhibit 12, p. 1.
2 In fact, the demand recorded by the meter was over 6000 kW, but Con Edison manually reduced it to the 4000 plus kW demand instead for the period of March 5 to March20, 2014. See Exhibit 6.
3 Exhibit 10 details the peak KW recorded by the transformer dedicated to 170 Broadway. In order to determine a consumption estimate, Energy Watch used the load factor for the comparable billing period that was not impacted by the faulty registration and applied the load factor percentage to the peak demand to determine the estimated kWh.
DM2\6634627 .2 Ms. Alicia Sullivan March 28, 2016 Page 7
As explained in the Affidavit of Rondulph Soogrim (Exhibit 2), the shunts found by Con Edison were left on the CTs by Mr. Soogrim when he installed the CTs, because he misunderstood that they were supposed to be removed since a tag on the CTs read "Con Edison-do not remove." Exhibit 2 at 2.
During the informal hearing, Con Edison alleged that a lock that should have been on the CT cabinet had been broken. Prior to the informal hearing, both Mr. Soogrim and Mohamed Rahman submitted affidavits swearing under oath that the CT cabinet was not locked. See Exhibit 6 to Exhibit D to Appeal Letter. See also, Con Edison's own Field Inspection Report, Exhibit 12, pp.4-6.
The first page of the Field Inspection Report,4 dated August 12, 2014, states that Con Edison found the lock missing and the seal missing, but not broken. The Field Report form provides boxes to be checked, indicating "Broken," "Missing," or "Intact." The "Broken" box was not checked by Con Edison's inspectors; the "Missing" box was checked. Exhibit 12, p. 4.
On the Field Inspection Report Form, there were also five boxes that could be checked under the heading entitled "Result of Inspection." They were entitled "Theft of Service," "Suspect Theft," "Diversion of Service," "IRR Meter Condition," "No Theft." There is no box for "unmetered service," and the condition found by Con Edison did not fall under the category of an irregular meter condition as this was a CT issue, not a meter issue. Given the titles of the boxes to be checked, "Theft of Service" was the closest category to "unmetered service."
On the Field Inspection Report form, the inspector wrote that he met Joe Castillo (of Con Edison), who " .. explained that contractor wired old meter ... to new incoming service and newly issued donut ct coils & left wire shunts on 2000:5 (correct) side of CT coils. As per Kevin Clancy consultant." Exhibit 12, p. 5. The Field Inspection Report later states " ... Left condition corrected with old meter affix (sic) in ... to new equipment - unsecured & unsealed equipment. Left meter & equipment as found." Exhibit 12, p. 6.
Nowhere does the Field Inspection Report state that Complainant or its representatives "installed" the shunts. It specifically says "left wire shunts on." Had Con Edison's own inspector from property protection found shunts that were not Con Edison's, but which had been "installed" by the customer (as Con Edison accused during the informal hearing), this should have been stated on the report, but it was not. In addition to checking the box stating that the lock was missing rather than broken, the Field Inspector's notes specifically state that the equipment was unsecured and unsealed, and he left it as found, rather than locking the cabinet.
As further support for Complainant's position, Kevin Clancy, a consultant for Highgate Hotels who was on site supervising the project and present during the inspection, outlined the conversation he had with Joe Cinterelli of Con Edison's Inspection Division in an email to Peter
4 Attached to Con Edison's January 16, 2015 letter (Exhibit 12).
DM2\6634627 .2 Ms. Alicia Sullivan March 28, 2016 Page 8
Athenson of Highgate Hotels. Mr. Cinterelli advised Mr. Clancy that Complainant's electrician "was apparently just trying to do the right thing when they installed the new CTs." See Exhibit 13. Mr. Soogrim's affidavit (Exhibit 2) confirms that there was no intent to steal power from Con Edison, and that the split core CTs were installed over the CTs with the jumpers on them for the purpose of connecting a check meter which was never used because it was not installed properly.
Had Complainant's intent been to steal power from Con Edison, would not the amount of stolen power have been greater than $6,496.99 over the course of almost six months? It is implausible that Con Ed's claim that Complainant left the shunts on the CTs in order to steal power is correct.
In a recent Order issued by the Commission, the Informal Hearing decision was reversed due to a failure of proof on the part of Con Edison. In that case, the utility failed to prove that there was tampering. Case No. 10-E-0312, In the Matter of the Rules and Regulations of the Public Service Commission, Contained in 16 NYCRR in Relation to Complaint Procedures Informal Decision Rendered in Favor of Consolidated Edison Company of New York, Inc. (901843), Commission Determination (Issued and Effective February 29, 2016). In this case, as discussed above, there is also no proof of tampering. Any underbilling that may have occurred was the result of a misunderstanding regarding removal of the Con Edison shunts on CTs energized on March 8, 2014, not due to tampering.
va~rytrul~:a~urs/~,/J /~), (f;t . JI~ I~ Phyl s J. K1 sler - pjk:sr cc: Ms. Doris Castro Mr. Peter Athenson Mr. John D. McMullen Mr. Jay Raphelson Ms. Diana Sweeney
DM2\6634627.2 EXHIBIT 1 Kessler, Phyllis J.
From: Diana Sweeney
Sent from my iPhone
Begin forwarded message:
From: Rondulph Soogrim
Sent from my iPhone
Begin forwarded message:
From: [email protected] Date: January 25, 2013 at 7:43:38 AM EST To: [email protected], [email protected] Cc: [email protected], [email protected], [email protected] Subject: Re: 170 Broadway - Con-Ed/End Box
spoke to coned this morning,the shut down is schedule for friday 2/8/13. at 7 pm .. to ?am, you will need to update the letter with the correct date and time, and all the tenants have been notify .... i will inform you if there is any changes " [email protected] -----Original Message----- From: Stuart Siegel
Moe, You already have a letter from McGowan correct? Please let me know if next Friday is a go so I can inform the retail tenants. Is there anything else McGowan needs to do prior to switch over. Thank You.
Regards, Stu Siegel - Superintendent 201.687.5667 Mc Gowan Builders, Inc.
1 160 East Union AvejEast Rutherford, NJ 07073
J1 Please consider our environment - think before you act!
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual(s) or entity to which they are addressed. If you have received this e-mail in error, please contact the sender by return e-mail. E mail transmission cannot be guaranteed to be secured or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. Mc Gowan Builders therefore does not accept liability for any errors or omissions in the contents of this message or for damage caused by any virus, which arise as a result of this e mail transmission. Any views or opinions expressed in this e-mail are those of the author and do not necessarily represent those of Mc Gowan Builders.
2 EXHIBIT2 AFFIDA VlT OF RONDULPII SOOGRIM
State ofNew York ) County ofNewYork)
Rondulph Soogrim, upon his oath, hereby deposes and says, as follows:
1. I am over the age of eighteen, suffer no legaldisabilities, and have pel'sonal
knowledge of the facts set forth below.
2. I am an electrician employed by Pinnacle Electric, where I have been employed
since November 2009. I was the electrical foreman at 170 Broadway during the renovation of
the building from April 2012 through November 2014. In this capacity, I was on site full time
during the renovation.
3. I previously filed an Affidavit in this case dated October 14, 2015. I am submitting this affidavit to clarify some of the statements made by me in the earlier affidavit as well as to provide some additional information.
4. As part of the renovation of 170 Broadway from an office building to a hotel, it was decided that the electrical room in the building should be updated and expanded. The plan included moving the end box where the Con Edison service lateral terminates in the electrical room from its then location on the ceiling to a wall. In order to accomplish that, we contacted
Con Edison to shut down the power, which they did on February 8, 2013,
5. Since power was needed during the renovation of the building, we installed temporary CT cabinets and CTs, and a 1200 ampere switch to supply power for the building renovations until permanent switchgear and CTs could be installed to provide building service at a later date. On February 8, 2013, during the Con Edison shutdown, we moved the end box and energized the previously installed CTs and the 1200 ampere switch to provide construction power. The temporary CTs were wired to the existing Con Edison meter. Prior to repowedng
DM2\6644578A the building after the shutdown, Con Edison personnel came into the building to look.at the
work at the end box. There were some wires that were too short, and Con Edison co1Tected that
issue. They did not check the CTs or the wiring to the meter.
6. Although Con Edison usually connects the CTs to the meter, they did not do so.
Pitmacle's electricians made the connection from the CTs to the Con Edison meter.
7. The 1200 ampere switch and the CT cabinet and CT that were installed on a
temporary basis were used on a continuing basis from February 8, 2103 through March 8, 2014
when new permanent CTs and the permanent switchgear, that had recently been installed to
provide power for building service for the hotel, were energized.
8. On March 8, 2014, Pinnacle shut down power within the building in order to
energize the permanent switchgear and the permanent CTs that had recently been installed. On
March 8, 2014, Pinnacle also connected the new CTs to the existing Con Edison meter.
9. In my earlier affidavit, I stated: "As the electrical foreman at 170 Broadway, in
. order to energize the electrical service used du1'ing construction, I went to Con Edison to pick up
the CTs for the cabinet. I then hooked the CTs to the existing Con Edison meter. When I picked
up the CTs, there were jumpers installed on them, with a tag that stated: 'Con Edison-do not
remove.' So when we installed the CTs, we did not remove thejumpers."
10. While I connected the CTs to the Con Edison meter for the construction power in
February 2013, there were no jumpers on those CTs. There were jumpers on the CTs which
were installed on March 8, 2014 and which I had picked up from Con Edison shortly before then.
11. Ihave been told that the jtm1pers that I left on the CTs fo1med the basis of Con
Edison's claim that the complainant, 170 Broadway NYC LP, was stealing power. That was not
true. Separately, in an attempt to prove that ConEdison's meter was not recording co11'ectly,
2 DM216644578.4 complainant hired Bay City Meter to install a check meter to record the power usage and
compare it with Con Edison's bills. That installation, which Pinnacle completed, was done
incorrectly. We installed split core CTs on top of the Con Edison permanent CTs, which had
jumpers, and the check meter did not work properly. The jumpers were not removed, because I
thought they were required to be retained as stated on the tags. Had Con Edison made the
com1ection between the CTs and the mete1·, they most likely would have removed them. But,
Con Edison did not make that connection of the CTs to the meter.
12. To be clear, the jumpers were on the Con Edison CTs, not the complainant's
additional split core CTs. Furthermore, these open core CTs were installed after the temporary
CT and 1200 ampere switch were removed. They had no impact on the overcharge claimed by
complainant.
Dated: New York, New York March.28,'2016
• (\Q-.1;\... Swom before me this~ day of March 2016.
My commission expires on ))~.L. dlt '20l_(o
DONNETTE A. BY GRAVE NQtary Public, State of New York No. 018Y6273938 Qualified in Queens County \"'"mission Expires 12124/2016
3 DM2\6644578.4 EXHIBIT3 Kessler, Phyllis J.
From: Diana Sweeney
Sent from my iPhone
Begin forwarded message:
From: Rondulph Soogrim
Sent from my iPhone
Begin forwarded message:
From: Bruce Merkler
BE ADVISED THAT ON SATURDAY 3/8/14 WE Will HAVE A ELECTRIC SHUT DOWN DUE TO OUR CONVERSION TO PERMANENT SERVICE THE SERVICE WILL BE DOWN FROM BAM TO COMPLETION OF NEW SERVICE. THE BUILDING Will BE WITHOUT ELECTRICAL SERVICE DURING THIS TIME. 1 CONTACT MGB SHOULD YOU HA VE ANY QUESTIONS
2 EXHIBIT4 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering
170 Broadways Metering FINAL POSITION PAPER AND SUPPORTING DOCUMENTATION
CLIENT
170 Broadway NYC LP
LOCATION:
170 Broadway, New York, NY
REPORT DATE:
03/24/16
PREPARED BY:
Keith Lane, P.E., RCDD, NTS, RTPM, LC, LEED AP BD+C President - Lane Coburn & Associates, LLC
EXPIRES: 10/31/16
ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D/B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P.
1 {((\_.a LANE COBURN & ASSOCIATES, LLC ~ENGINt!JllNG 170 Broadways Metering
3/24/2015
John McMullen
170 Broadway NYC LP New York, NY
Project: 170 Broadways Metering
Subject: Con Edison Metering & Billing
Lane Coburn & Associates, LLC provides electrical engineering and expert witness services across the world. We are licensed in New York and have worked previously on a project with Con Edison service territory that required a 40 MW service in downtown Manhattan. We have also worked with large network utilities across the United States and have extensive qualifications to provide our expert opinion on the billing issue for the 170 Broadway.
Lane Coburn & Associates, LLC ("Lane") was retained to provide a review of metering data and Con Edison charges for the 170 Broadway. In summary, Lane's findings are as follows:
It is our understanding that a 1200 ampere 208 volt 3-Phase service and CT's were installed for temporary construction power on February 8th, 2013. Based on the chart on Page 6, prior to that time, the peak demand charge by Con Edison was based on 72 kW. The peak demand readings ramped up until March 5th, 2014, where the peak demand reading maximum was 4208 kW. It is also our understanding that on March 8th, 2014, a permanent service with new CT' s were energized to provide permanent power to the building. Thereafter the demand dropped and has been substantially below the demands recorded by Con Edison's meter in the billing periods commencing February 8th, 2013 and ending Match 20th, 2014.
The Email below illustrates an early February 2013 installation of the electrical service from the 1200 A switch with CT's:
ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P.
2 {((\_ .. LANE COBURN & ASSOCIATES, LLC ~NGINtrnlNG 170 Broadways Metering
------~------_,, ____ ------ate: Jan~ 25, 2013 at 7:43:38 AM EST o: ssmmcgowanbuilders.com. !.Q!l@!!!l:!il~~:!ri!:@llQ1'!:Ql!! c: ~mcgowan.Wiblers,i;_q_m. !!l~ih~l:ml.l!!~~Jl'l!!l!.£!!::!:lli:ill!:&ra ubjerl: Re: l"O Broadway • l The Email below illustrates the shutdown of the electrical service from the 1200 A switch and the installation of a pennanent service and pennanent CT's: vm: DIUt.:~ tv1erK1e1 <.[JlfilWfflt.:KOWdrtUUllUt'f!ht.:UH17 ate: March 4, 2014 at 10:41:06 AM EST D: Rondulph E ADVISED THAT ON SATURDAY 3/8/14 WE WILL HAVE A ELECTRIC SHUT DOWN DUE TO OUR CONVERSION TO PERMANENT SERVICE HE SERVICE WILL BE DOWN FROM BAM TO COMPLETION OF NEW SERVICE. THE BUILDING WILL BE WITHOUT ELECTRICAL SERVICE DURING THIS TIME. nNTACT MliR .<:Hnt II n vn11 HA VF ANY OIJF.<:TtnN_<: Below is a picture of the Temporary Power: ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 3 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering The one line diagram below is from the installing electrical contractor for the electrical service from the 1200 A Temporary Power Switch. It is important to note that the Con Edison service is fed via (3) sets of 750 MCM Aluminum conductors. Based on the National Electrical Code Table 310.16, these conductors can only carry 1125 A. This is equivalent to 344 kW: *344 kW is limited by the service conductors (1125A) Page 6 indicates 367 kW based on the 1200 A service ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 4 («\_.a LANE COBURN & ASSOCIATES, LLC ~NGINWHNG 170 Broadways Metering ,_,,--~------ Exhibit 01 1 1 ~ITA Corresponding with the installation of the permanent service and permanent CT' s, the peak demand readings on the next reading on March 2Qth, 2014, was 320 kW. This represents a significant drop from 4208 kW to 320 kW. Based on the size of the temporary power service and the history of the CT replacement, it is our professional opinion that 170 Broadway was overcharged probably due to the CT ratio utilized in the calculation by Con Edison using the initial set of CT' s. We have included the kW Demand billing information from Con Edison below as well as basic calculations illustrating the maximum capacity of the service provided by Con Edison. We have also provided information ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 5 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering on a similar case in a large utility where the CT ratios utilized to calculate the customer bills was not the same as the CT' s that were installed, resulting in extensive customer overbilling. HILLED TO 170 BROADWAY BY CON EDISON ACTUAL TRANSFORMER PEAK KW PER CON EDISON PROVIDl!D HOURl.Y JJATA'" 170 Tnmsfoml("!' BH!ed Billed Trnnsfonner Om Bro&dway Pllriod from Period to Reading Network KWI! KW from T11i1111;formi;:r Peak KW Peak KW l01'itf20l.'l 1.2/1112014 160 800 ACT 240.0 --- IMSf.2014 11/3012014•• 1'15.7 841.5 l()llg\H4 1(1128/2014 86.400 .J ACT 116.0 IO/l/2014 IOl28l2014 158.7 915 •.J ... ~--Afl/20M JQ/1/2014 219,200 j ACT 271.0 Slll20l4 l0/1!'2014 192.7 1.:224,0 7!2i·..:lJl't -:--~-~'2014 46A06--l~A.cr--·r-2-1-6.-o-1---,-,2-a-o·-14c;--~t·~~s1:c-112""_0"""i..,,4~~..-."""'s=1!,~I-~--~=l .. JJ~t-~--- . 6f3l2014 ir2/Wl4 44,800 EST 216.0 (//:31'2014 71212014 ...... J.!~::.~ t 12l6.ll _ 5 1 961 ~ ~~';.°!~i ~~~g~: ···11&j°~oJ~A~v~---~---...... ~=.~=::"'":- __ +-----'i-i...;..~~"'"'2°o-'-:""""4-__,___;;~....;;~__;;~;;...;;~..;;..::""---1----=;'"":""'~:;.;:..~--+----""1 w.;;..=;'--.o--I 3/SJ21n4 3/20/20!4 304,SOO ' ACT 4.188.0 31512014 __ 3120t2014 169.2 J.218.3 2/21/2014 l/5!1014 739,20[} AC'!~_ 3164-B.O 4 342.8 1,:199,l There is no possible safe manner in which the electrical service from the 1200 ampere switch at 208 volts 3- phase could have drawn 4.208 MW of power from Con Edison. We have provided some simple calculations below based on the National Electrical Code (NEC): Maximum Load: 1200 Ax 208V x SQR 3 = 432kVA Typical Power Factor of 0.85 432 x 0.85 PF = 367kW Maximum NEC Load 367kW *PF = Power Factor. 0.85 is used by Con Edison Additionally, it is our experience that the maximum allowable National Electrical Code (NEC) calculation for a service is very conservative. As the main purpose of the NEC is for safety, there are significant contingencies ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 6 {((\_.a LANE COBURN & ASSOCIATES, LLC ~NGINmlNG 170 Broadways Metering built into the NEC calculations. It has been our experience with over 20 years of reviewing actual utility meter readings and comparing them to the maximum NEC calculated load that the maximum actual load that a demand meter will read is much lower than the NEC calculations indicate. We typically see a range of between 20-70% of the maximum NEC calculated load before applying the NEC code required 125% contingency to the metered loads. When we apply this factor to the calculations, we get the following: Maximum NEC Load 367kW Typical metered load 70% 257kW Typical Maximum Metered Load (Peak Demand) 257kW *On 3/20/14, there was a Con Edison metered load reading of 320 kW. This represents about 75 % of the maximum calculated load, assuming a Power Factor of 0.98. This "higher than standard" loading is possible with temporary power. In our opinion (based on 0.85 PF) any billing over 367 kW is just not possible if installed per code and in a safe manner, and is proven so by basic calculations. Based on the facts as we know them, the overbilling represents an error on the part of Con Edison that is likely due to the CT ratio used in the billing calculations. To further correlate these findings, it is our understanding that the CTs were replaced on March 8th, 2014. The meter reading immediately after this retrofit and all of the meter readings after this time were 320 kW or less. Even when considering the 3500 A service lateral provided by Con Edison, there is no possible manner in which a 1200 A service at 208 volts3-phase could have drawn over 4 MW of power from Con Edison. We have provided some simple math below based on the National Electrical Code (NEC): Maximum Load: 3500 Ax 208V x SQR 3 = 1260kVA Typical Power Factor of 0.85 1260 x 0.85 PF = 1071kW Maximum NEC Load 1071kW Applying the same 70% factor to the calculated NEC load as discussed above, we get the following: Maximum NEC Load 1071kW Typical metered load 70% 750kW Typical Maximum Metered Load (Peak Demand) 750kW It is our understanding that the Hotel is fully built out and that it is utilizing 7000 A worth of service switches. This means that at full capacity and with significant conservativeness built into the National electrical Code, the power will be limited to 7000 A @ 208V - 3 phase. The operating hotel will draw significantly more power than the temporary construction power. Even when considering the 7000 A series provided by Con Edison, there is no possible safe manner in which a 7000 A service at 208V 3 phase could have drawn over 4 MW of power from Con Edison. We have provided some simple math below based upon the National Electrical Code. ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 7 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering Maximum Load: 7000 Ax 208V x SQR 3 = 2520kVA Typical Power Factor of 0.85 1260 x 0.85 PF= 2142kW Maximum NEC Load 2142kW Applying the same 70% factor to the calculated NEC load as discussed above, we get the following: Maximum NEC Load 2142kW Typical metered load 70% 1499kW Typical Maximum Metered Load (Peak Demand) 1499kW According to a report by Energywatch dated October, 14th, 2015, network transformers that feed the 170 Broadway and several other facilities have a rating of 5000 kVA. A 5000 kVA equates to 4250 kW at 0.85 Power Factor. Based on the redundancy built into Network systems and the standard loading protocols, utilities tend to load network transformers under normal conditions to somewhat less than 100% of the transformer rating. The 4,208 kW reading for just the 170 Broadway would essentially be 100% of the transformer rating. This would greatly exceed any standard utility practice and would result in having no capacity for the other buildings served. As further evidence of a billing error, based on the chart provided above, the Network transformers feeding the 170 Broadway and several other facilities had a peak demand load of 1218 kW at the same time that the 170 Broadway was billed 4208 kW. This is certainly not possible. 300 kW represents about 25% of the total network load. Based on the information provided above and using a more likely portion of the network load, 300 kW would again appear to be a reasonable true demand load for the 170 Broadway. Conclusion It is our understanding that based on Con Edison's tariff that Con Edison is responsible for connecting the CT' s to the meter pan. It is our opinion that incorrectly coordinating the actual meter CT ratio utilized in converting measured amperes to determine the amount of power used by the customer is the most likely cause of this overbilling. Based on the calculations provided above and on the actual charges to the customers, we believe that the CT ratio used by Con Edison is probably the cause of the overbilling. We have attached a PDF of another case in which a customer was overcharged at least $15M from the serving utility when they had installed 1500 / 5 CT' s but used a 2000 / 5 ratio to calculate the customer's bills. This resulted in a 33 % overcharge and is just one example of the order of magnitude of overcharges that can occur when these mistakes are made. ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 8 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering End of Analysis Keith Lane, P.E., RCDD, NTS, RTPM, LC, LEED AP BD&C President & Chief Engineer Lane Coburn & Associates, LLC ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D /B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 9 LANE COBURN & ASSOCIATES, LLC 170 Broadways Metering APPENDIX 1. State of Michigan Public Service Commission Case ELECTRICAL ENGINEERING EXPERT WITNESS RCDD D/B TEAM MEMBER LIGHTING DESIGN CONSULTING LEED A.P. 10 STATE OF MICHIGAN BEFORE THE MICHIGAN PUBLIC SERVICE COMMISSION ***** In the matter of the complaint of ) SEVERSTAL DEARBORN, LLC, ) Case No. U-17663 against DTE ELECTRIC COMPANY. ) ~~~~~~~~~~~~~~~~~~) At the July 9, 2015 meeting of the Michigan Public Service Commission in Lansing, Michigan. PRESENT: Hon. John D. Quackenbush, Chairman Hon. Greg R. White, Commissioner Hon. Sally A. Talberg, Commissioner ORDER On July 14, 2014, Severstal Dearborn, LLC (Severstal) filed a complaint against DTE Electric Company (DTE Electric) alleging that the utility overbilled the company from February 2008 to April 2014. Due to the alleged billing error, Severstal requested a refund or credit pursuant to R 460.1617 (Rule 17) of the Commission's Billing Practices Applicable to Non-residential Electric and Gas Customers (billing rules) in the amount of $21.693 million plus interest of 7%. A prehearing conference was held on September 18, 2014, before Administrative Law Judge Mark D. Eyster. Severstal, DTE Electric, and the Commission Staff (Staff) all appeared and participated in the proceedings. At the prehearing, Severstal informed the parties that it had been sold to A.K. Steel Corporation (AK Steel) and that AK Steel is the successor in interest to Severstal. On February 12, 2015, the case was reassigned to Administrative Law Judge Martin D. Snider (ALJ). The ALJ presided over an evidentiaryhearing on February 25, 2015, at which the testimony of two witnesses for AK Steel and one witness for DTE Electric was bound into the record. On March 20, 2015, the parties all filed briefs, and on April 2, 2015, each party filed its reply. On May 22, 2015, the ALJ issued his Proposal for Decision (PFD). On June 12, 2015, DTE Electric filed its exceptions to the PFD. On June 26, 2015, AK Steel and the Staff filed replies to DTE Electric's exceptions. The record consists of 71 pages of transcript and 13 exhibits. Issues with DTE Electric Revenue Meters Beginning February 1, 2008, AK Steel began purchasing electricity from DTE Electric for use in the operation of its integrated steel mill. Prior to providing service, DTE Electric installed eight revenue meters in three substations. AK Steel alleges that DTE Electric improperly set three of its revenue meters located at substation 42A to use the equivalent of a 2000:5 current transformer (CT) ratio. AK Steel alleges that the 2000:5 ratio setting resulted in overbilling from February 2008 until the error was discovered and the meters reset to the proper 1500:5 ratio in April of 2014. To support its position, AK Steel offered the testimony of Mark Brocious, an Electrical Engineer for AK Steel. Mr. Brocious testified about the general configuration of the equipment employed at substation 42A. Mr. Brocious testified that the CTs were dual winding, with the top winding containing a ratio of 2000:5 and the bottom winding with a 1500:5 ratio. Mr. Brocious testified that the January 2014 billing from DTE Electric denoted a very high demand from December 16, 2013, which led to an internal investigation of the data from all eight revenue Page2 U-17663 meters. Mr. Brocious stated that in analyzing the data, the three meters from substation 42A read higher usage than the usage recorded by AK Steel meters. 2 Tr 19. To confirm the results of the data analyzed, AK Steel hired Solaris Power Services, LLC (Solaris) to help determine the proper ratio that should be set for the three revenue meters in question. Mr. Brocious testified that following an initial test on January 31, 2014, Solaris informed him that the CT windings feeding the three DTE Electric revenue meters had a 1500:5 ratio. Mr. Brocious concluded there was a mismatch between the winding feeding ratio and the setting of DTE Electric's revenue meters. 2 Tr 20. Mr. Brocious informed DTE Electric of the issue and assisted in arranging a second mutually-acceptable test. Solaris was also selected for the second test, which was conducted on April 22, 2014 before three DTE Electric employees and Mr. Brocious. Mr. Brocious testified that following the testing Solaris again determined that the CT winding had a ratio of 1500:5, and the DTE Electric personnel changed the three revenue meters at substation 42A so that they correctly matched the CT windings. Mr. Brocious testified that the change resulted in a reduction of the billing multiplier from 48,000 to 36,000, which is the equivalent to setting the CT ratio at 1500:5. 2 Tr 21. DTE Electric does not dispute the Solaris test results or that the three DTE Electric revenue meters at substation 42A were not properly matched with the associated CT windings. DTE Electric, however, only agrees that it is responsible for overcharges following the date the error was discovered through the billing cycle immediately following the adjustment to the revenue meters by DTE Electric personnel, February 1, 2014 through March 31, 2014. Page 3 U-17663 DTE Electric argued that under Rule 17 of the billing rules and R 460.17515 of the Commission's Rules of Practice and Procedure (Rule 515)1 the complainant had the burden of proving by a preponderance of evidence that it was entitled to a refund related to an alleged billing error. DTE Electric argued that Mr. Brocious' testimony should be limited to certain events occurring after the first Solaris testing. DTE Electric further argues that Mr. Brocious' testimony only establishes an incorrect CT ratio and resulting billing error dating from February 1, 2014. The Staff reviewed the evidence and argued that AK Steel had met its burden of demonstrating that the DTE Electric billing error commenced with the billing period of January of 2008. The Staff further concluded from the evidence submitted that neither AK Steel nor DTE Electric made any changes to the CTs or revenue meters since DTE Electric began providing service in 2008. The ALJ first determined that, under Rule 17 and Rule 515, AK Steel had the burden of demonstrating by a preponderance of the evidence that there was a billing error and the amount of the refund due. With regards to the billing error, the ALJ recommended that the Commission find that AK Steel had met its burden for the entire period in question. The ALJ found that the evidence demonstrated that the three revenue meters were installed on January 31, 2008, with an incorrect meter multiplier of 48,000. The ALJ further found that the evidence supported a finding that no one from DTE Electric or AK Steel had changed or altered any of the CT or revenue meter settings until April 22, 2014. Based on his findings, the ALJ recommended that the Commission determine that the billing error began February 1, 2008, and continued through March 31, 2014. DTE Electric took exception to the ALJ' s recommendation. DTE Electric argues that AK Steel not only has the burden to prove it is entitled to a refund prior to February 1, 2014, but it also 1 This rule is now Mich Admin Code, R 792.10446. Page4 U-17663 has the burden under Rule 17 to demonstrate that it is entitled to a refund for any period prior to February 1, 2011. DTE Electric does not dispute the evidence related to the 2014 investigations, but argues that the April 2014 testing does not prove any facts related to the CT ratios prior to the testing date. DTE Electric also takes exception to the ALJ's finding "that the evidence presented shows that DTE Electric staff installed the meters in 2008, with an incorrect meter multiplier of 48,000." PFD, p. 23. DTE Electric argues that CT ratios are not installed on meters, they are simply used as part of a calculation on the customer's bill. DTE Electric further argues that DTE Electric does not own or operate the CTs and had to rely on the customer's representations as to the CT settings when it installed the revenue meters and attached them to the customer-owned CTs. DTE Electric argues that the Solaris testing only confirmed that the CT ratios were at 1500:5 in 2014, but that finding did not establish which setting the dual winding CTs were in at any point prior to 2014. In reply, AK Steel argues that it has met its burden and that the ALJ could reasonably infer from the evidence presented that the billing error began February 1, 2008, and continued through March 31, 2014. AK Steel further argues that DTE Electric is quibbling over wording contained in the PFD when it is abundantly clear that the ALJ found a billing error due to improperly measured usage because the ratios were not set properly. The Staff also filed a reply to DTE Electric's exception. The Staff argues that AK Steel states, and there is no evidence to suggest otherwise, that it made no changes to the CT windings from 2008 to 2014. The Staff further argues that DTE Electric asserted for the first time in its exceptions, and without any evidentiary support, that it relied on assertions made by AK Steel as to what the proper CT ratios should be. The Staff again states that the evidence supports finding that the billing error occurred from February 1, 2008 through March 31, 2014. Page 5 U-17663 The Commission agrees with AK Steel and the Staff that the evidence supports finding that a billing error occurred beginning on February 1, 2008 and continued through to March 31, 2014, and that the recommendation of the ALI should be adopted. Under Rule 17: If a customer has been overcharged, then the utility shall refund or credit the amount of the paid overcharge to the customer. Overcharges shall be credited to customers with 7% interest, commencing on the 60th day following payment. A utility is not required to adjust, refund, or credit an overcharge beyond the 3-year period immediately preceding discovery of the billing error, unless the customer is able to present a record establishing an earlier date of occurrence or commencement of the error. R 460 .1617. DTE Electric correctly asserted that AK Steel had the burden under Rule 17 to establish a record that the billing error commenced prior to February 1, 2011. The evidentiary record supports a finding that the billing error occurred from the first billing period commencing February 1, 2008, and continued through the billing period ending March 31, 2014. It is undisputed that on April 22, 2014, the CT windings in substation 42A were set at 1500:5. It is also undisputed that the bills were calculated using the 2000:5 CT ratio. There is no evidence that the CT windings were ever altered or changed during the course of the billing period in question. Therefore, the Commission finds it was reasonable for the ALJ to infer that no changes occurred during the elapsed time period, that billing was in error during that time, and that AK Steel met its burden in demonstrating such error since February 2008. Williams v City ofLansing, 152 Mich 169, 174; 115 NW 961 (1908); Dorrance v Michigan United Rys Co, 175 Mich 198, 207; 141 NW 697 (1913); Little v Borman Food Stores, Inc, 33 Mich App 609, 613; 190 NW2d 269 (1971). Calculation of Overcharges AK Steel argued that it was overcharged by DTE Electric since 2008 and that the bills submitted by the utility included the incorrect billing multiplier of 48,000 when measuring the Page6 U-17663 consumption of energy delivered by DTE Electric to substation 42A. To calculate the overcharges associated with the erroneous billing multiplier, AK Steel employed the services of James T. Selecky, Managing Principal of Brubaker & Associates and a consultant in the field of public utility regulation. Mr. Selecky testified regarding the rates charged to AK Steel from February 2008 to March 31, 2014. Mr. Selecky testified that AK Steel took service on Rate D6. l, Rider 9, and Rider 10. 2 Tr 25. Mr. Selecky further testified that he only made adjustments to the consumption and cost that AK Steel incurred on Rider 10. Id. Mr. Selecky testified that the revenue meters only impacted incremental usage and that they were recording an energy consumption that was 33% above the actual consumption from February 2008 to March 31, 2014. 2 Tr 26. To demonstrate the effect of the erroneous recordings, Mr. Selecky provided, as an example, that a meter that should be reading 1,000 kilowatt-hours (kWh), was recording 1,333 kWh. To recalculate the billings, Mr. Selecky multiplied the recorded consumption in the three meters in substation 42A by 75% to eliminate the erroneous usage. Id. The reduction in usage as calculated was then subtracted from the billed Rider 10 usage. Id. The Rider 10 costs were then recalculated on the monthly bills using the adjusted energy consumption. Applying Mr. Selecky's calculations, as shown on Exhibit AK-5, the total overcharge for the period of February 1, 2008 to March 31, 2014 was $21.693 million. The total interest owed, based on 7% per annum through December 31, 2014, is $5 .572 million for a total owed of $27.265 million. DTE Electric again argued that the overcharges are only due from February 1, 2014 to March 31, 2014. KennethD. Johnson, Manager of the Electric Choice Program Office, testified that the total amount owed for those overcharges is $952,095.98 plus interest of 7% per annum. Page 7 U-17663 DTE Electric disagreed with Mr. Selecky's method for calculating the refunds over the entire period in question. DTE Electric argued that the proper method for issuing refunds was to cancel and rebill. DTE Electric argued that it would only be fair to other customers to recalculate the impact on a historical basis to capture the numerous surcharge changes that have occurred. The Staff agreed with the method employed by Mr. Selecky. The Staff argued that Mr. Selecky's calculations were superior and that the Staff was able to duplicate and verify those findings. The Staff stated that it was unable to duplicate or verify DTE Electric's alternative method. The ALJ agreed with Mr. Selecky's assessment of the overcharges. The ALJ recommended that the Commission find that AK Steel met its burden and that Mr. Selecky's calculations more than likely state the accurate amount of overcharge. DTE Electric took exception to the ALJ's recommendation and any reliance on the Staffs conclusions related to the methodologies employed. DTE Electric argues that the Staff did not understand DTE Electric's calculations. DTE Electric argues that understanding a calculation does not make it superior, and that billing a large industrial customer is often complex. DTE Electric argues that Mr. Selecky's calculations only adjusted for billing determinants on Rider 10 and made no adjustments to the relevant billing determinants for the service provided on Rate D6.1. DTE Electric further argues that Mr. Selecky's calculations did not take into consideration that no rate schedule Rl 0 interruptible sales are made during any hour in which the load factor is less than 100% on rate schedule D6. l, and thus, his calculations result in reducing sales that were never made. DTE Electric argues that Mr. Johnson's hour by hour refund calculations, as shown in Exhibit DE-1 revised, do take this into consideration and further argues that his calculations more accurately reflect the true demand and energy costs if DTE Electric had originally billed AK Page 8 U-17663 Steel at the 300: 1 CT ratio. Thus, as Mr. Johnson testified, the refund amount for the entire period should be $19.651 million plus interest of $4.630 million at 7% per annum through December 31, 2014, for a total of $24.281 million. 2 Tr 59-60. In reply, AK Steel argues that Mr. Selecky accurately reduced the total monthly consumption through the revenue meters and used the only information provided by DTE Electric, the monthly bills, to calculate the overcharges. AK Steel further argues that DTE Electric is attempting to confuse a simple issue by using Mr. Johnson's statements regarding alleged anomalies in usage. AK Steel argues that DTE Electric failed to rebut the undisputed evidence that the revenue meters were set at a 400: 1 ratio. The Staff also replied to this exception. The Staff asserts that it could not verify or duplicate DTE Electric's calculations. Thus, the Staff argues, it could not recommend adopting those calculations. The Commission finds that the calculations of Mr. Johnson more accurately reflect the overcharges by DTE Electric from February 2008 to March 31, 2014 than the overcharge calculations provided by Mr. Selecky. While the Commission appreciates the Staffs concern that it could not duplicate and thus verify DTE Electric's calculations, no specific testimony addressing inaccuracies with DTE Electric's calculations was presented. AK Steel's calculations were simpler, but the Commission finds DTE Electric's approach to be more appropriate to calculate the refund for such a large customer. The Commission therefore finds that AK Steel has not met its burden of proving the total refund amount, and that Mr. Johnson's refund calculation of$19.651 million more accurately reflects the refund amount based on if DTE Electric would have correctly applied the 300: 1 CT ratio when it first billed AK Steel. Page 9 U-17663 THEREFORE, IT IS ORDERED that: A. DTE Electric Company's billing statements to Severstal Dearborn, LLC, from February 1, 2008, to March 31, 2014, were calculated in error. B. Severstal Dearborn, LLC, is entitled to a refund in the amount of $19.651 million, plus interest calculated at a 7% interest rate per annum, until the refund is paid in full. The Commission reserves jurisdiction and may issue further orders as necessary. Page 10 U-17663 Any party desiring to appeal this order must do so in the appropriate court within 30 days after issuance and notice of this order, under MCL 462.26. To comply with the Michigan Rules of Court's requirement to notify the Commission of an appeal, appellants shall send required notices to both the Commission's Executive Secretary and to the Commission's Legal Counsel. Electronic notifications should be sent to the Executive Secretary at mpscedockets(ill,michigan.gov and to the Michigan Department of the Attorney General - Public Service Division at [email protected]. In lieu of electronic submissions, paper copies of such notifications may be sent to the Executive Secretary and the Attorney General - Public Service Division at 7109 West Saginaw Hwy, Lansing, MI 48917. MICHIGAN PUBLIC SERVICE COMMISSION John D. Quackenbush, Chairman Greg R. White, Commissioner Sally A. Talberg, Commissioner By its action ofJuly 9, 2015. Mary Jo Kunkle, Executive Secretary Page 11 U-17663 LANE COBURN & ASSOCIATES, LLC -~.a~NGINEERING Keith Lane, P.E., RCDD, NTS, RTPM, LC, LEED AP BD+C Professional Electrical Engineer, General Electrical Administrator President/CEO - ChiefEngineer - Lane Coburn & Associates, LLC "=I' 7&:;hange Northwest Chapter The end~to-end reliability forum. Uptime Institute'" Years ofExperience: 24 P.E. Licenses Washington, Alaska, California, Oregon, Utah, Montana, Idaho, Hawaii, Nevada, Arizona, Pennsylvania, New York, Minnesota, Texas, Iowa, Wyoming & Virginia. - National Certificate Holder of an NCEES record Qualifications Keith is a Professional Electrical Engineer licensed in seventeen states (P.E.), a Licensed General Electrical Administrator in Washington State, a Registered Communications Distribution Designer (RCDD) through BICSI, a Network Transport System Specialist (NTS (LAN) Specialist) registered through BICSI, a Registered Telecommunications Project Manager (RTPM) through BICSI, a Lighting Certified Qualified Professional (LC) through the National Council on Qualifications for the Lighting Professional - NCQLP and a LEED Accredited Professional (LEED AP). Keith has active memberships/affiliations in several professional organizations including; NFPA, International Association of Arson Investigators, BICSI, Telecommunication Project Management Association, the 7 x 24 Exchange End to End Reliability, Illuminating Engineering Society, Washington State Society of Healthcare Engineers. Work History LANE COBURN & ASSOCIATES, LLC 7107 -Present President/CEO - ChiefEngineer SASCO - Electrical Design/Build Contractor 12199 - 7107 Overall Director I Vice President/ Engineer ofRecord (P.E.) Keith was the Overall Director of Engineering for SASCO, for the largest privately held electrical and data contractor in the nation. In addition, he was the Vice President of Engineering and Engineer of Record for the Northwest and Northern California operations. Keith provided management, engineering/design and construction administration services for a broad range of project including; commercial, industrial, high-tech, high-rise, residential, mix-use, retail, data center, switch facilities, healthcare, historic, school, government, and public utilities. He has proficiencies in various engineering, management, coordination study, CAD and lighting analysis/design programs. He stays current with memberships in several professional organizations. Keith oversaw, managed and was professionally responsible for the engineering and construction administration of approximately $85,000,000/year of commercial and industrial electrical construction. Keith played an integral role in the interregional sharing of resources and ideas between SASCO regional offices through weekly video conf. calls and meetings. Keith is a nationally recognized author and has provided numerous technical articles to leading engineering magazines and has served as an expert panelist on several nationally broadcast web casts. Keith has also served on the Seattle Code Committee, which evaluated the 2005 & 2008 National Electrical Code. Gray & Osborne Consulting Engineers 4195-12199 Sr. Electrical Engineer!P.E. Keith was a Sr. Electrical Engineer and a Professional Electrical Engineer at Gray & Osborne. ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. LANE COBURN & ASSOCIATES, LLC -~.a~NGINEERING Keith provided Professional Electrical Engineering services for projects including City infrastructure, High Voltage Distribution, Industrial, Street Lighting, Wastewater Treatment Facilities, Military Facilities, Schools, Fire Station, City Hall and Pump Stations. In addition to providing professional engineering services for plans and specifications on many diverse projects, Keith was integrally involved as either Sr. Electrical Engineer or Engineer of Record with several Capital Improvement Plans, reports and studies. Cochran Electric - Electrical Engineer 12194 - 4195 Keith was a Sr. Electrical Engineer at Cochran Electric. Keith provided engineering services for a broad range of projects including; commercial, high-tech, theatre, retail & data centers. In addition to providing plans and specifications, Keith provided extensive field investigation and documentation throughout the entire design & construction administration process. Sparling Consulting Engineers - Electrical Engineer 12193 -12194 Keith was an Electrical Engineer at Sparling. Keith provided engineering services for a broad range of projects including; commercial, high-tech, retail, hospital & data centers. In addition to providing plans and specifications, Keith provided extensive field investigation. Veca Electric - Electrical Engineer 12192-12193 Keith was an Electrical Engineer at Veca. Keith provided engineering services for a broad range of projects including; commercial, high-tech, theatre, retail and data centers. In addition to providing plans and specifications, Keith provided extensive field investigation. Professional Certifications, Education & Activities -Professional Electrical Engineering Licenses Washington: 1998 (#35731) Alaska: 2001 (#10332) California: 2001 (#E16471) Arizona: 2002 (#38527) Oregon: 2001 (66879PE) Utah: 2001 (#4909891) Montana: 2001 (#14712PE) Idaho: 2001 (#10104) Hawaii: 2002 (#10622) Virginia: 2007 (#046144) Pennsylvania: 2007 (#PE075498) New York: 2011 (#089223) Nevada: 2002 (#015900) Minnesota: 2013 (#51206) Texas: 2014 (#118106) Iowa: 2014 (#22461) Wyoming: 2014 NCEES Record Holder Licensed General Electrical Administrator- Washington State: LANE*KT943DR Additional Certifications I Accreditations: > (RCDD) Registered Communications Distribution Designer-BICSI #07016 > (NTS (LAN) Specialist) Network Transport System Specialist-BICSI #01506 > "LC" Lighting Certified Qualified Professional (NCQLP) > RTPM- Registered Telecommunications Project Manager through BISCI > LEED BD+C Accredited Professional (Leadership in Energy & Environmental Design) > Cold Regions Engineering Certified - U.W. & University of Alaska- Masters Classes > Advanced project manager training BICSI - PM 125 > International Illumination Design Award (IIDA) 2003 - Section Participant Award Education Bachelor of Science in Electrical Engineering, Seattle University, 1993 Dean's List, Seattle University, Electrical Engineering Department 1992 Dean's List, University of Washington, Engineering Department 1987, 1988 Professional Memberships & Activities Member of the Seattle Code Committee Implementation of the NEC - 2005 & 2008 Technical Advisory Board Member- Mission Critical Magazine - 2013/2014/2015 Contributing Editor to Consulting Specifying Engineering Magazine - 2004 - 2015 Advisory Board for Consulting Specifying Engineering 2005 -2015 Member of the NFP A - The National Fire Protection Association Named one of the "Top 40 Engineers Under 40" by Consulting Specifying Engineering (2008) Member of the Illuminating Engineering Society of North America. Member of the 7x24 Exchange -Northwest Chapter (End to End Reliability). Member of BICSI-A Telecommunications Association. Member of the Telecommunication Project Management Association (TPMA) Member of the Washington State Society of Healthcare Engineers. ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. («\_.a LANE COBURN & ASSOCIATES, LLC ~NGJNEERING Client Recommendations At Lane Coburn & Associates our customers are our primary concern. It is critical that we bring exceptional value to any project. Attached below is a sampling of some of our client's recommendations that we have received since opening our doors in 2007: "I hired Mr. Lane as an expert in several lawsuits involving complex electrical engineering issues and theories. Mr. Lane did an excellent job helping the legal team, and the jury, understand the complexities within the issues and theories. Mr. Lane's work was always top-notch -- timely, well written, and thoughtful. He is also very responsive to the needs of the legal team, as well as the needs of the client that we are representing. I highly recommend him." Service Category: Expert witness, Testifying Expert - electrical engineering from 2011 to 2013 Top Qualities: Great Results, Personable, Expert Elizabeth Snyder Poeschl- Partner - Meager & Geer PLLP. Hired Keith as a Expert in electrical engineering, litigation in 2010-2014 "Mr Lane just testified as an expert in an extremely complex electrical engineering case involving a large Data Center. The jury thought he brought "fire" to the defense case and helped us advance a complex defense in terms lay people could understand. We got an excellent result and feel he played a pivotal role in getting us there. I would definitely hire him again." Service Category: Expert witness, Testifying Expert - electrical engineering from 2011 to 2013 Top Qualities: Great Results, Expert, High Integrity Michael D. Hutchens - Partner-Meager & Geer PLLP. Hired Keith as a Expert in electrical engineering, litigation in 2010-2013 "Keith Lane was excellent to work with. We had a case where the technical stuff was being /1 dribbled" to us, so it made our Expert work very difficult. Keith was happy to accommodate the situation and was very easy to work with. He is what my parents used to call a /1 go-getter" ... he would hop on the job and make some sense out it right away. His trial testimony came under some really difficult circumstances because of negative rulings by the judge; but he Weathered the storm very well and did a good job on the stand. I would hire Keith again. Keith did a great job and went way beyond the call of duty."" Mr. Lane testified as an expert witness in Superior Court on a personal injury case involving an arc flash event in Superior Court in March of 2014. Lane Coburn & Associated worked for Thomas Brown, Partner of Brown Lewis Janhunen & Spencer Law Firm. Service Category: Expert witness, Testifying Expert- el~ctrical engineering from 2013 to 2014 Tomas Brown- Partner - Brown Lewis Janhunen & Spencer. Hired Keith as a Expert in electrical engineering, litigation in 2013-2014 ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 3 ({(\_.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING "Keith is a great professional. Not only is his knowledge unmatched as an electrical engineer, but his organization skills are something we should all strive to achieve. Keith helped me with a very complex litigation matter, and was able to explain electrical engineering to me, as it related to a very technical environment. Keith is patient, well organized, knowledgeable, efficient, and responsive. Keith also puts together very easy to understand diagrams, and presentations, that can be used for any type of legal matter. I would recommend using Keith if you ever need an electrical engineer." May 5, 2012 Top qualities: Great Results, Expert, High Integrity Alexander Yoffe - Partner at Yoffee & Cooper, LLP. Hired Keith as a Expert in electrical engineering, litigation in 2011 Mr. Lane provided Expert Witness Analysis and an Expert Witness Report and testimony for a Data Center Construction defect project in litigation. After providing his Testimony during deposition and cross examination, Mr. Kennedy, lead council for Taft Stettinius & Hollister sent Keith the following email: "You were outstanding." May 23rd, 2015 Service Category: Expert witness, Testifying Expert - electrical engineering 2015. John F. Kennedy- Lead Attorney Taft Stettinius & Hollister LLP. Hired Keith as a Expert in electrical engineering, litigation in 2015 Mr. Lane provided Expert Witness Analysis and an Expert Witness Report for a Data Center Construction defect project in litigation. After providing his Final Expert Report, Ms. Schaller sent Keith the following email: "Thank you for your expedient and proficient work on the report." April 1, 2015 Service Category: Expert witness, Testifying Expert - electrical engineering 2015. Rachel L. Schaller - Attorney Taft Stettinius & Hollister LLP. Hired Keith as a Expert in electrical engineering, litigation in 2015 ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 4 (((\_.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING "Lane Coburn & Associates was hired to do the electrical engineering for a large data center project on which I was the owner's representative. Keith took the lead on the project and from the beginning did an excellent job of balancing cost and quality to achieve the highest value of designed systems for the client. Keith consistently considers new and alternative approaches to systems and brings new, creative solutions to the table. He is a leader in his field and I would be pleased to work with him in the future." December 9, 2008 Top qualities: Great Results, Expert, High Integrity Terry Rennaker, Owner of Rennaker Company LLC - Hired Lane Coburn & Associates as an Electrical Engineer in 2008 "I work with Keith on a very complicated mixed-use Seattle condominium project which included residential, retail and hotel components. Keith was able to take the divergent requirements of each component and weave those requirements in to a cohesive, constructible, cost effective electrical system design. Keith's attention to detail and finger-tip knowledge of electrical codes made him an invaluable member of the design team. Keith's innovative approach to electrical system design incorporates new, cutting-edge technology solutions in balance with cost objectives. Keith is a leader in his field and I look forward to future opportunities to work with him." February 11, 2009 Jim Alekson, President & CEO, Alekson Development Group "Sequoyah Electric has worked with Lane Coburn and Associates on various projects throughout the Seattle, Washington area which have proven to be very successful for all parties involved. The engineering Team that Keith Lane and Scott Coburn developed has proven to be excellent in their knowledge of the Industry and proactive in design creativity along with understanding budget constraints. We feel that the Lane Coburn Team always brings to us their refined skills and insights to a project which eliminates conundrums and positions a project for success. Lane Coburn and Associates will continue to be a instrumental part of our business and future growth throughout the Washington area." February 17, 2009 Jeff Casino, Sequoyah Electric Pre-construction Manager "I have worked with Keith on several mission critical projects over the past 7-8 years. I first worked with Keith at SASCO and have recently worked with Keith at Lane Coburn & Associates. Keith is an excellent engineer with a strong work ethic. Keith brings an in depth knowledge of the leading edge technologies and design philosophies to ensure a project has the desired amount of reliability and value. Keith has a unique ability to communicate design options in basic terms to the owner and the other design team members. Keith is a leader and I would be pleased to work with him in the future." January 08, 2009 Matt Blackburn, Owner, Lighthouse Electric Group. ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 5 ({(:\.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING "I recently worked with Keith on two data center projects (one in the pre-planning stage and one in construction). He is a very detail oriented electrical engineer who is a pleasure to work with. He is very code savvy and a true team player. I hope to work with Keith again in the near future." December 29, 2008 Michael Frank, P.E., Senior Engineer, McKinstry. "Keith1s dedication to constant improvement and knowledge growth ensures that his design incorporates all of the latest innovations and ideas." December 16, 2008 Top qualities: Great Results, Expert, High Integrity Tom Williams, Sr. Project Manager SASCO - Hired Lane Coburn & Associates as an Engineer in 2008/2009. "Keith is an outstanding engineer and has a very strong work ethic. We worked together for several years for a consulting engineering firm. We have also worked on some of the same projects at my current position. I highly recommend Keith and his firm for all types of electrical engineering." December 14, 2008 Gary Mullin, P.E., Electrical Engineer, Port of Seattle. Worked directly with Keith at Lane Coburn & Associates, LLC. "VECA Electric and Technologies would like to say thank you for the dedication and extreme knowledge LCA brings to the table. Your exceptional performance shines through time and time again. We appreciate you as a valuable team member and look forward to many more successful projects together. Thanks again for the great job you do." Terry McCabe - Sr. Project Manager - VECA Electric. -12/10/10 "Dear Keith, Tactical Vs. Technical set the tone for the referenced project. It is all too common to rely on the field crews to initiate rigging and cable pulling techniques for a large project. However, LCa staff proved that your firm works beyond just electrical technical knowledge. At my clients request LCa provided "Tactical" calculations for installing over 5000 feet of medium voltage cable weighing 12 pounds per foot. The weight and lengths of these cables required precise cable pulling calculations to assure that ropes, cables and sheaves would meet the tensions and pressures during the installation process. In addition, LCa staff designed "Sheave Placements" for use by the Linemen during the installation. The engineering work by LCa was incorporated into the "Work Plan" that was written by Salish Group to provide a safe and professional installation of the lSKV cables. Previous work was halted for two months due to three near fatalities occurring in a very short duration prior to Salish Group ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. 6 (({\_.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING becoming the construction management team on the project. With Lane Coburn's tactical approach to solving the aforementioned issues the project was completed on time and the client conceded that they were not certain the work could have been completed without proper engineering assistance. I look forward to working with you again!" October 261", 2009 Jim Long, Owner of Salish Group Construction Services - Hired Lane Coburn & Associates for the electrical engineering on the 11.95 KV Switchyard - 15KV Cable Replacements at Grand Coulee Dam. Sequoyah Electric, LLC has had the pleasure of teaming with LCA on several projects including campus wide office buildings and mission critical facilities. As a key team member, their innovation and insightfulness has played a very important role within our collaborative Design-Build team. LCA has a strong track record of going above and beyond to exceed client expectations. Their understanding of construction issues makes them uniquely qualified Electrical Engineers for Design Build projects. I highly recommend LCA for your next project. Mahmood Ghassemi, P.E. Vice President of Sequoyah Electric. - August 24th, 2010 "I have worked with Keith and his team at Lane Coburn & Associates on a number of mission critical projects. LCA has always performed at a very high level. Keith and team have a deep grasp of the issues involved in the design and operation of mission critical environments. In addition LCA has assisted CPSI in forensics analysis, failure analysis and pear review of complex existing and critically operating data centers and industrial facilities. I highly recommend LCA on you next mission critical project." John Dwyer - President- CPSI- Computer Power & Service - 9/05/10 "Silent-Aire has worked with Keith Lane and Lane Coburn & Associates on a number of mission critical projects. LCA has always proven to go the extra mile to meet or exceed the expectations of the client. LCA and Silent-Aire work in tandem to provide continued design innovation to ensure the most cost effective and efficient design. LCA has always been a key member of the team, their insight and innovation through the design and construction has helped to ensure successful projects. I highly recommend LCA for your next project." Lindsey D. Leckelt P.Eng. - Director of Marketing and Engineering- Silent Aire - Aug. 30, 2010 "Sabey Construction is working with Keith Lane and Lane Coburn & Associates on a large, complex, very reliable data center in Eastern Washington. This project is also on a very fast track schedule. LCA has proven to go the extra mile to meet or exceed the expectations of the client. LCA understands the complex issues related to the design and build of today's reliable, scalable and efficient data centers. Keith and his team have taken the design to the extra step and is working hand in hand with VECA to ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. 7 ({{\_.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING create detailed 2D and 3D drawings as well as animated flyovers of the contained hot aisles to ensure proper coordination with all the trades. I highly recommend LCA for your next project." Doug Gardner - Sr. Project Manager Sabey Construction Inc. - 8/30/10 "BergerABAM has worked with Bill Waldrop and his team at Lane Coburn & Associates on several projects with the USACE, providing power and communication design. Bill Waldrop and his team continue to demonstrate knowledge, experience and understanding of customer requirements and regulations. Bill is responsive, detail oriented, thorough and continues to deliver high quality designs that meet clients' needs and expectations." Ruba Zumut, PE. Senior Project Manager BergerABAM- Aug. 27 2010 "Rock Electric Inc. has worked with Lane Coburn and Associates on assorted projects throughout the San Diego, California. I have personally known Scott Coburn for over 20 years and he has never failed to exceed my expectations. The Lane Coburn system of engineering produces exceptionally high quality and extremely buildable project documentation saving me Rock Conaty, President Rock Electric, Inc. - August 17, 2010 "I have known Keith professionally and personally for many years. The best recommendation I can give is he's never let me down. Keith's knowledge of electrical systems is beyond the ordinary, adding tremendous value to every project he has been a part of for me. I would recommend Keith and LCA without hesitation to anyone looking for a real partner for their project." Top qualities: Great Results, Expert, High Integrity TJ Porter, Sr. Vice President - SASCO Electric - February 4, 2011 "Lane Coburn and Associates has been a good partner during our initial design and construction phase. Keith and company have been very responsive turning information and designs very quickly. Keith and company are very active in ensuring they work together with the customer, they drive results and chase all components of a design build. I highly recommend using Lane Coburn Associates if you require fast turnaround of solid designs, with good communications with the end customer" Oz Morales Director, Data Center Engineering, Amazon.com - Sept. 7, 2010 ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. 8 {((\_.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING "Sabey Corporation was introduced to Keith and the Lane Coburn team by an electrical contractor interviewing on one of our data center projects. Keith's technical skills and familiarity with leading edge data center technology was readily apparent, but even more impressive was Keith's ability to convey his expertise and ideas at the level of the listening audience. Subsequently, we entered into a partnership agreement with Lane Coburn and the results have been a number of successful projects. We consider ourselves to have a distinct advantage over our competition in having Keith, Scott Coburn and the entire Lane-Coburn team contributing to our Design-Build services." Top qualities: Personable, Expert, On Time Dale Spencer, Director of Construction, Sabey Construction - February 14, 2011 "I have worked on many commercial projects with Keith since he was the Vice President of engineering at SASCO Electric in the1990' s. Keith is a creative electrical engineer that specializes in understanding the latest trends in data center design, but also has an eye for budget control. He has been a great partner in many design build projects." Jack Beaudoin, General Manager, Turner Construction - March 31, 2011 "Keith and I have worked together for about 4 years. During that time, he has been on the editorial advisory board of Consulting-Specifying Engineer, a national publication (in print and online) for mechanical, electrical, plumbing, and fire protection engineers. Keith has been a valuable resource during this time, and is always willing and able to assist wherever needed. His technical expertise has been invaluable, and he's seen as an expert in the industry. Through both written and verbal communication (specifically technical feature articles and webinars), Keith has contributed to bringing the publication to a whole new level. He was honored as one of the best and brightest in the engineering industry in the publication's 40 Under 40 program, and that push for excellence continues. It has been a pleasure to work with Keith, and I look forward to the opportunity to continue working with him. " Amara Rozgus, Editor in Chief/ Content Manager of Consulting-Specifying Engineer, CFE Media - October 19, 2011 ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 9 rtr\.a LANE COBURN & ASSOCIATES, LLC ~NGINEERING "I had the pleasure of working with Keith during the design and construction of a data center. Keith & Lane Coburn & Associates demonstrated a great level of commitment to the project during all phases from concept through startup. He is a very detail oriented electrical engineer who is a pleasure to work where no question or email never goes unanswered. I would highly recommend Keith and Lane Coburn & Associates." October 29, 2011 Top qualities: Great Results, Personable, Expert John Dennehy, Critical Systems Infrastructure Manager at BlackRock, October 30, 2011 Hired Keith as an Engineer in 2010 "I have had the pleasure to work with Keith on many large projects. He is knowledgeable, competent, professional, tech savvy and fun to work with. I recommend him highly. Dale Kaemingk ENW" Dale Kaemingk, vice president, Engineers Northwest - October 31, 2011 worked directly with Keith at Lane Coburn & Associates, LLC 11 As a chief editor for Consulting-Specifying Engineer magazine from 2007-2010, I had the pleasure of having Keith Lane, PE, serving on the Editorial Advisory Board. During my tenure, Keith contributed many highly detailed and instructional technical articles on electrical engineering topics. He also was a frequent speaker on CSE's live webinars, during which Keith expertly presented on mission critical electrical and power systems, and answered the difficult questions that attendees sought answers to after the presentations. Furthermore, Keith was generous with his time and expertise toward reviewing articles written by others and responding to research inquiries about the construction market and engineering field. In short, Keith was (and currently is) an outstanding member of the Consulting-Specifying Engineer Editorial Advisory Board, who voluntarily contributes a (more than) generous amount of time and expertise to the benefit of the engineering field. The content of his contributions speak to his impeccable engineering skills, and his commitment to assisting with the continuing education needs of the engineering community speaks the quality of his character." Top qualities: Great Results, Expert, High Integrity Michael Ivanovich, Chief Editor of Consulting Specifying Engineering Magazine - November 2, 2011 hired Keith as a Writer/Editor in 2007, and hired Keith more than once ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 10 LANE COBURN & ASSOCIATES, LLC ~.a~NGINEERING "I have worked with Keith starting in 2000 on a major project where I was the owner's rep. Keith1s knowledge and professionalism as well as his dedication to quality and attention to details contributed significantly to the success of the project and the facility1s success. I have also worked with Keith during my time with Walt Disney on several issues in a data center I inherited. In all cases, Keith was able to provide detailed information that led to solutions. I would highly recommend Keith for any Mission Critical design and implementation project." Top qualities: Great Results, Expert, Creative Bill Hunter, Data Center Architect, EIT, Critical Facilities at The Walt Disney Company- January 25, 2012 ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. 11 Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & lndusfly Contributions Page I of 10 - L.,~~ru~------ Keith Lane, P.E., RCDD/NTS, RTPM, LC, LEED AP BD+C - Forensics Analysis/ Expert Witness/Testimony/ Publications I Expert Panelist/ Speaking Engagements Cases/Trial Testimony/Arbitration/Expert Analysis/ Forensics Analysis Client: Undisclosed Client 1999 Keith Lane evaluated the root cause of a large electrical fault current on the main service of a large data center facility. Keith evaluated the installation of 4,000 A bus duct, the power quality metering and provided a failure mode analysis for large uninterruptable power supplies (UPS). Services: Expert Witness/Forensics Analysis Client: Port of Seattle 1999 Keith Lane evaluated the loss of critical load from an incorrect interaction between the Static transfer switch and a UPS. Evaluation included the use of several high end software. Services: Expert Witness/Forensics Analysis Client: SASCO Electric 1999 Evaluate the light levels at a High School in reference to an injury in areas of low light levels. Services: Expert Witness/Appointed Expert/Mediation Client: Large Software Company in WA 2007 Comprehensive forensics analysis for a large 25 MW data center of the failure of generators to hold mission critical loads. Transient analysis with power quality meters were utilized during an extensive testing procedure. Services: Expert Witness/Forensics Analysis Client: Westin Building Data Center 2007 Evaluated the forensic meter information to determine the cause of the tripping of a main breaker feeding a mission critical environment. Services: Expert Witness/Forensics Analysis Client: Coleman Hull & van Vliet 2009-2010 LCA performed a Neher-McGrath Heating calculation analysis for a large data center to determine if the electrical distribution system was designed properly. The original design occurred over 10 years ago. The project included significant evaluation of existing data. Services: Expert Witness/Forensics Analysis/Appointed Expert ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & Industry Contributions Page2of10 - L.,~gEER>NQ,------ Client: Salish Construction 2009 Evaluate the pulling Tensions of large Medium Voltage Cable and the cause of the failure of a cable pull. Services: Expert Witness/Forensics Analysis Client: JTM Construction 2010 Evaluate the failure of the backup generators to start within the code required 10 seconds for a large hospital. LCA worked closely with the testing agency and engineer of record and provided our evaluation and recommendations. Services: Expert Witness/Forensics Analysis Client: Wave Broadband 2010 Evaluate the failure a UPS system to pick up critical load. LCA worked closely with the owner and the UPS vendor to provide a custom solution for leading power factor issues. Services: Expert Witness/Forensics Analysis Client: Meagher & Geer. PLLP 2011 LCA performed a Neher-McGrath Heating calculation analysis for a large data center to determine if the electrical distribution system was designed properly. The original design occurred over 10 years ago. The project included significant evaluation of existing data. Services: Expert Witness/Forensics Analysis/Appointed Expert/Superior Court Testimony Client: Benaroya Properties 2011 LCA Performed an evaluation of the Hipot and megger testing at an existing data center to evaluate the failure analysis and recommend next steps for installation. Services: Expert Witness/Forensics Analysis Client: Undisclosed Client 2011/2012 LCA is evaluating the cause of a large number of power supplies failing. We are evaluating the data from power quality meters to determine if any surges are exceeding the ITI curve and the server parameters. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Add2Net 2011/2012 LCA is evaluating the effects of high temperatures and server failures in a large data center in California. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Undisclosed Client 2011/2012/2013 LCA is evaluating static transfer switch failures across several large data centers. Services: Expert Witness/Forensics Analysis/Appointed Expert ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDD/NTS Specialist, LC, LEED A.P. - IndustlJ' Contributions Page 3 o/8 - L. ~g Client: Silver Springs Networks 2012/2013 LCA is working for the law firm Latham & Watkins LLP for Silver Springs Networks on a case involving the replacement of electromagnetic meters with digital electric meters for a large utility in California. Services: Expert Witness/Forensics Analysis Client: Undisclosed Client 2012/2013 LCA is working for the law firm BOORNAZIAN, JENSEN & GARTHE LLP for a large data center project involving numerous design and construction issues. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Undisclosed Client 2013 LCA is working for a large Data Center end user regarding large underground feeder ratings. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Green & Hall APC - Law Firm 2013/2014 LCA is working for Green & Hall APC providing forensics analysis for a large Hospital in San Antonio Texas. Services: Expert Witness/Forensics Analysis/ Mediation Client: Hart Wagner - Law Firm 2013/2014 LCA is working for Hart Wagner providing forensics analysis and expert witness services for a case involving personal injury (electrocution). Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Brown Lewis Janhunen & Spencer- Law Firm 2013/2014 LCA is working for Brown Lewis Janhunen & Spencer providing forensics analysis and expert witness services for a case involving personal injury (electrocution). Services: Expert Witness/Forensics Analysis/Appointed Expert/ Superior Court Testimony Client: Greensfelder, Hemker & Gale, P.C.- Law Firm 2013/2014 LCA is working for Greensfelder, Hemker & Gale, P.C. in a construction defect project for a large data center. Services: Expert Witness/Forensics Analysis Client: Legacy Telecommunications - 2013/2014 LCA is working for Legacy Telecommunication on a confidential project Services: Expert Witness/Forensics Analysis ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & Industry Contributions Page4 of JO - L.,~------ Client: Dewitt Algorri & Algorri Lawyers - Law Firm - 2013/2014 LCA is working for Dewitt Algorri & Algorri Lawyers providing forensics analysis and expert witness services for a case involving personal injury (electrocution). Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Malek Schiffrin, LLP - Law Firm - 2013/2014 LCA is working for Malek Schiffrin, LLP providing analysis and expert witness services for a case involving a patent. Services: Expert Witness/Forensics Analysis Client: Meagher & Geer. PLLP 2014/2015 LCA performed a Neher-McGrath Heating calculation analysis for a large data center (12 MW) to determine if the electrical distribution system was designed properly. The original design occurred in 2004. The project included significant evaluation of existing data. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Wong Fleming PLLP 2014/2015 LCA performed as the expert witness in a personal injury case involving the malfunction of a wheel chair. Services: Expert Witness/Forensics Analysis/Appointed Expert Client: Taft Stettinius & Hollister LLP 2015 LCA performed as the expert witness and provided an expert report for a construction defect case involving a data center. Services: Expert Witness/Forensics Analysis/Appointed Expert/Expert Testimony Client: Office of Utility Consumer Counselor 2015 LCA performed as the expert witness and provided an expert report for power utility related issues. LCA worked for the Office of Utility Consumer Counselor in Chicago, IL. Services: Expert Witness/Forensics Analysis/Appointed Expert/Expert Testimony Client: Stoel Rives, LLP 2015 LCA performed as the expert witness and provided an expert report for the Ebay Data center. Services: Expert Witness/Forensics Analysis/Appointed Expert. ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Indust1y Contributions Page 5 o/8 - L. .~g: ...... ------ Speaking Engagements The following list of speaking contributions and published articles to industry leading publications illustrates Keith's extensive knowledge and dedication as an industry leader. Please visit our website to download any of these articles. CSE Magazine (Consulting Specifying Engineer), February, 2015 Expert Panelist on "Driving data center design: Sustainability, energy efficiency" Roundtable CSE Magazine (Consulting Specifying Engineer), January, 2015 Expert Panelist on "Driving data center design: Codes and Standards" Roundtable CSE Magazine (Consulting Specifying Engineer), January/February, 2014 Expert Panelist on "Data Center Design" Roundtable CSE Magazine (Consulting Specifying Engineer), January, 2013 Expert Panelist on "The Challenges of Designing and Implementing Reliable and Efficient Mission Critical Facilities" Roundtable Mission Critical Magazine, July, 2012 Expert Panelist on "Data Center Infrastructure Management for Mission Critical Facilities." Webcast CSE Magazine (Consulting Specifying Engineer), November, 2011 Expert Panelist on "Critical Issues for Multi-Use Commercial Buildings" Webcast CSE Magazine (Consulting Specifying Engineer), October, 2011 Expert Panelist on "Data Center Selective Coordination Studies" Webcast CSE Magazine (Consulting Specifying Engineer), October, 2011 Expert Panelist on "Electrical System Software" Roundtable CSE Magazine (Consulting Specifying Engineer), June, 2011 Expert Panelist on "Office Design: Raising the Standards" Webcast CSE Magazine (Consulting Specifying Engineer), August, 2010 Expert Panelist on "Specifying Generators for Mission Critical Facilities" Webcast AFCOM - Association for Computer Operations Managers - Spring Conference - 5/20/10 Speaker - South Hill Data Center Presentation 7x24 Exchange- Northwest Chapter -Fall Conference - 3/20/10 Speaker - South Hill Data Center Presentation CSE Magazine (Consulting Specifying Engineer), November, 2009 Expert Panelist on "Top Tips from Top Designers of Mission Critical" Webcast CSE Magazine (Consulting Specifying Engineer), October, 2009 Expert Panelist on "Uptime All the Time, No Matter What" Webcast CSE Magazine (Consulting Specifying Engineer), October 2008 Expert Panelist on "Emergency Power Systems for Hospitals" CSE Magazine (Consulting Specifying Engineer), May 2008 Expert Panelist on "Grounding & Bonding Electrical Distribution Systems" CSE Magazine (Consulting Specifying Engineer), May 2007 Expert Panelist on "UPS, Design and Specification Consideration" Roundtable ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & Jndusny Conn·ibutions Page 6 of JO - L.~~,,..------ CSE Magazine (Consulting Specifying Engineer), September 2006 Expert Panelist on "Data Center and Critical Environments Design & Construction" Webcast CSE Magazine (Consulting Specifying Engineer), March 2006 Expert Panelist on "ASHREA/IESNA 90.1 Good Engineering Practice" Webcast CSE Magazine (Consulting Specifying Engineer), June 2004 Expert Panelist on "Building Automation Systems at a Crossroads" Webcast CSE Magazine (Consulting Specifying Engineer), Ongoing 2004 - Present Consulting Editor and Member of the Advisory Board - CSE Magazine Recognized as one of the Top 40 Engineers under 40 in 2008. Publications CSE (Consulting Specifying Engineering) Magazine CSE Magazine (Consulting Specifying Engineer), November, 2015 Author of "Selective Coordination Studies in Mission Critical Environments" article CSE Magazine (Consulting Specifying Engineer), August, 2014 Author of "lntergate Ashburn Data Center Analysis" article CSE Magazine (Consulting Specifying Engineer), June, 2013 Author of "Selective Coordination in Mission Critical Facilities" article CSE Magazine (Consulting Specifying Engineer), March, 2012 Author of "Design Collaboration & Innovation for Multiple Large Data Center Build outs" article CSE Magazine (Consulting Specifying Engineer), February, 2010 Author of "The Nitty Gritty of Gensets" article CSE Magazine (Consulting Specifying Engineer), December, 2009 Author of "Redefining the Role of Electrical Engineers" article CSE Magazine (Consulting Specifying Engineer), March, 2009 Author of "Data Center Discussion Roundtable" Roundtable CSE Magazine (Consulting Specifying Engineer), February, 2009 Author of "Harmonics & VFD Roundtable" Roundtable CSE Magazine (Consulting Specifying Engineer), May 2007 Part of Roundtable article, "UPS Design, Specification Considerations" article CSE Magazine (Consulting Specifying Engineer), February 2007 Author of "Modeling Electrical Distribution Systems in 3D CAD" article CSE Magazine (Consulting Specifying Engineer), January 2007 Author of "EPO or No - A consideration of NEC Article 645.10 and 685" article CSE Magazine (Consulting Specifying Engineer), July 2006 Author of "Washing Away Electrical Costs" article ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Indusl7J' Contributions Page 7 of8 - L. .~9...,NG------ CSE Magazine (Consulting Specifying Engineer), February 2006 Author of "Safe Parking" article CSE Magazine (Consulting Specifying Engineer), August 2005 Author of "2005 NEC Changes Could Significantly Affect the Design & Installations of Emergency Distribution Systems" article CSE Magazine (Consulting Specifying Engineer), July 2005 Author of "2005 NEC Changes Could Significantly Affect the Design & Installations of Emergency Distribution Systems" article CSE Magazine (Consulting Specifying Engineer), June 2005 Author of "2005 NEC Changes Could Significantly Affect the Design & Installations of Emergency Distribution Systems" article CSE Magazine (Consulting Specifying Engineer), May 2005 Author of "Efficient Lighting Systems for LEED Certified Projects" article CSE Magazine (Consulting Specifying Engineer), March 2005 Author of "IBC Code Changes that Effect Electrical Design" article CSE Magazine (Consulting Specifying Engineer), March 2005 Author of "Elevating Emergency Power Requirements for Elevators" article CSE Magazine (Consulting Specifying Engineer), January 2005 Author of "The Electrical Impacts of the IBC code on Fire Pumps" article CSE Magazine (Consulting Specifying Engineer), November 2004 Author of "Comparison of a Series Rated and Fully Rated Electrical Systems" article CSE Magazine (Consulting Specifying Engineer), October 2004 Author of "IBC & Emergency Lighting" article CSE Magazine (Consulting Specifying Engineer), July 2004 Contributed to "Killing Kilowatt hours" article. Mission Critical Magazine Mission Critical Magazine, March, 2013 Author of "Mission Critical Facility Design Issues and Legal Ramifications" article Mission Critical Magazine, March, 2012 Author of "Design Collaboration for a Fully Integrated Data Center" article Mission Critical Magazine, August, 2012 Author of "LEED and the Mission Critical Engineer" article ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & IndusflJ' Confl"ibutions Page 8of JO - L.. ~~-,NG------ Data Center Dynamics Magazine Data Center Dynamics, June 2011 Contributing Author on Automatic for Data Center Data Center Dynamics, August 2010 Contributing Author on Electrical SCADA systems in Mission Critical Facilities ECM (Electrical Design, Construction & Maintenance) Magazine EC&M Magazine (Electrical Design, Construction & Maintenance) June 2007 Author of "The Basics of Large Dry-Type Transformers" article EC&M Magazine (Electrical Design, Construction & Maintenance) June 2007 Author of "When Lightning Strikes" article EC&M Magazine (Electrical Design, Construction & Maintenance) August 2006 Author of "3D CAD Drawings for the Electrical Contractor" article EC&M Magazine (Electrical Design, Construction & Maintenance) November 2005 Author of "LEED and the Electrical Contractor" article EC&M Magazine (Electrical Design, Construction & Maintenance) December 2004 Author of "Countering Heating Effects from Troublesome Harmonics" article EC&M Magazine (Electrical Design, Construction & Maintenance) September 2004 Author of "Beware of Simplistic Fault Current Calculations" article BICSI (Building Industries Consulting Services International) Magazine BICSI News (Building Industries Consulting Services International) Jan/Feb, 2012 Author of "LEED & the Electrical & Telecommunications Engineer" BICSI News (Building Industries Consulting Services International) Jan/Feb, 2008 Author of "Determining the Appropriate Separation of Data and Power Cables" BICSI News (Building Industries Consulting Services International) Nov/Dec, 2005 Author of "Reliable Electrical Systems for Critical Data Systems" BICSI News (Building Industries Consulting Services International) Nov/Dec, 2005 Author of "A Knowledgeable and Experienced Data Contractor Can LEED the Way to Project Certification" BICSI News (Building Industries Consulting Services International) Jan/Feb, 2005 Smart Buildings in 10 years - Building Category Winner for BICSI 30th Anniversary Contest ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDD/NTS Specialist, LC, LEED A.P. - Industry Contributions (((\.a Page 9 of8 - ~BiGll Pure Power Magazine Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Fall 2011 Author of "Electrical Engineering Software" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Spring 2011 Author of "Specifying Generators for Mission Critical Magazines" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), March 2008 Author of "Heating Calculation for Large Electrical Duct Banks" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Spring 2008 Author of "Paralleled Generator System Considerations" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), June 2006 Author of "Be Cautious and Aware of Proper Transformer and Static Switch Location in Critical Environments #2" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), May 2006 Author of "Power Factor Correction Capacitors Part 2" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), April 2006 Author of "Power Factor Correction Capacitors Part 1" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Spring 2006 Author of "UPS on the Power Quality Frontline #2" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Spring 2006 Author of "UPS on the Power Quality Frontline" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Winter 2005 Author of "Lightning Protection: Optional or Recommended" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Fall 2005 Author of "Sizing Neutrals for transformers" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), August 2005 Author of "Power Quality - Generator Size & Code Issues #10" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), July 2005 Author of "Power Quality - Generator Size & Code Issues #9" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), Summer 2005 Author of "Be Cautious and Aware of Proper Transformer and Static Switch Location in Critical Environments" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), June 2005 Author of "Power Quality - Generator Size & Code Issues #8" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), May 2005 Author of "Power Quality - Generator Size & Code Issues #7" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), April 2005 Author of "Power Quality - Generator Size & Code Issues #6" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), March 2005 Author of "Coordinated Protection for Critical Environments" article ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C Keith Lane, P.E., RCDDINTS Specialist, LC, LEED A.P. - Cases & IndusflJ' Confl"ibutions Page JO of JO - L.,;.,g,.,. ...,------ Pure Power - Power Quality Magazine (Consulting Specifying Engineer), March 2005 Author of "Power Quality- Generator Size & Code Issues #5" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), February 2005 Author of "Power Quality - Generator Size & Code Issues #4" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), January 2005 Author of "Power Quality - Generator Size & Code Issues #3" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), December 2004 Author of "Power Quality - Generator Size & Code Issues #2" article Pure Power - Power Quality Magazine (Consulting Specifying Engineer), November 2004 Author of "Power Quality - Generator Size & Code Issues #1 " article USGBC News (United States Green Building Council) USGBC News (U.S Green Building Council) February 2006, Author of "Safe Parking" article. ELECTRICAL ENGINEERING TELECOM/RCDD D /B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDAPBD+C 3/5/2013 4/3/2013 136.0 72.30% 68,436.29 $5,333.36 $45,414.37 $40,081.01 4/3/2013 5/2/2013 192.7 72.85% 97,705.84 $8,108.47 $45,478.41 $37,369.94 5/2/2013 6/3/2013 206.8 88.15% 140,001.95 $11,013.44 $39,876.76 $28,863.32 6/3/2013 7 /2/2013 204.0 73.31% 104,088.47 $9,305.78 $36,136.77 $26,830.99 7/2/2013 8/1/2013 229.5 75.73% 125,136.25 $10,652.21 $36,339.43 $25,687.22 8/1/2013 '8/30/2013 306.0 75.97% ··, 161,793.10 $13,240.28 ., ' $30,184.26 $16,943.98 8/30/2013 10/1/2013 300.3 75.22% 173,480.19 $14,539.35 $30,853.95 $16,314.60 10/1/2013 12/3/2013 376.8 60.45% 344,396.71 $28,068.52 $107,413.84 $79,345.32 12/3/2013 1/2/2014 274.8 64.47% 127,557.76 $11,091.99 $88,966.60 $77,874.61 1/2/2014 2/21/2014 289.0 94.02% 326,061.36 $18,431.83 $146,211.92 $127, 780.09 2/21/2014 3/5/2014 342.8 94.02% 92,822.56 $4,135.88 $39,735.90 $35,600.02 3/5/2014 .3/20/2014 '269.2 94.02% ' 91,116.66 $6,282,94' ' $51,,707 .97 ·.~ $45,425.03 Total: $140,204.04 '' $698,320.18 $558,116.14 *Taken from subsequent actual Con Edison invoices for comparable period Exhibit F Ja¥ Raphaelson Ft'om: Peter Athenson [[email protected]] Sent: Friday, May 091 2014 1·/:22AM TO! Jay Rap/we/son Cc: Pad/Ila, Francisco L. (Franofsoo.PadJ/[email protected]) Subject: FW.· Con Edison : 166 Broadway, ENT Jay/ Can you coach me as to how to respond? HIGHGATE HOTELS Peter Athenson I Vice Presideni of Construction 870 7th Avenue, 2nd Floor I New York I NY I l bO 19 c. 9lt97S.·4601 From: Mcnulty, Jason [maf!to:[email protected]] Sent: Frlday, May 09, 2014 10:54 AM To: Peter Athenson Subject: Con Edlson : 166 Broadway, ENT Good Afternoon Mr, Athenson; I am writing rn response to the letter you sent on April 29, 2014. There was an unusually large spike In usagf3 and demand covering periods between 10/30/13- 3/20/2014. We sent out a meter technician on February z:t'to inspect the meter-since the December readings and demand exceeded 80% of the meter's allotted capacity, The perioa covered 10/1/2013 -12/3/2013 for 63 days, 825,600 l Was there something beilig done at this location durll1g 10/1-3/5 that would explain the large increase Jn service such as ('enovat1ons, constri.lctfon, electric heating equipment1 switching loads. The reading we took on May 2 shows the asage has reducetj drastically. 3/20/2014-5/2/2014 shows a total of 128,800 Kilo-Watt Hour·s and 320.00 Kllo-Watt1s. I've enclosed a bl'lef overview of the usage from 8/30/13 -5/2/14 with the actual readings we have. You can see how the demand spikes sotnetlme between 3/5/14-3/20/14, then drops down for May. 1 -·-·------·.. ,..-~_,._ ·------..... ~--~-~· ·~------··-~-- 49-4011-1152-0001-6 .. Electric Meter: 40001HM 64698333 ··-·----j-' Constant : 800 Dial: 5 Type : ?. Demand Date Days · Reading .consumption' Dall D.Found D. Left ' ! Demand• ' 43 30109 128800 2995 93.88 94.28 s/2f 29I4 ·' !.Ji.p.90 3/20/2014 15 i 29948 304800 20320 88.62 93.88 i 4208,00 3/5/2014 12 29567 739200 61roo 84.07 88.62 3640.00 28643 2128800 42.576 80.65 84.07 2736.00 2/21/20~~- so_ ...... - 1/_?(2014 30 2.5982 1053600 35120 77.96 80.65 2152.00 63 24665 825600 13105 75.63 77.96 1864.00 12/N?9~? . •··---... ·-· . 10/1/2013... 32 23633 248000 77:/J 74.59 75.63 832.00 8/30/2013. 23323 I'm also including a statement showing the usage/demand. You can see the spike last year as well, though not as excessive. Something appears to be in use during these times that pull quite a bit of service. This may be due to electric heating of some form, since last year's winter was much milder than this years. 2 10/9/2015 Retail Access start page Tension Stratum Net Code Variable )1 Meter_~~m!?,.~rS!!J --·---- 11 1075332 JI so75332 j [!ii~· D;-~~J[I~ D~!!JlJ!_~j Reading [KVARS I[ Demi!iiDI Bill Amt I I 9111201s ]~111201s II 17s200 II ACT_ .. JL ____ o.oo.J[ ~~3.5~~5-,331~ I 8/3/2015 1191112015 ii 1s4ooo I[ ACT __]!____ ...... _ o.ogJ[_ 3~?:?~[-~.~.~?.~~.35 J l_ __ ?!~!~?.1-~.J@~~O~?Jl3~~~o~J[ Ac(J[_~.o~[_ 348 ..iiiJ~r 7,51.o.9s I L~-~/2~-~-5-__ JI 7~~'.~01~1~.9200 ][ ACT II o.ooJI. 312~1$27,748.511 I 51412015 J[ 6!-31201~l 14sooo 11 EST_][ __ 0:.00 l[__ ___ ~~.~:20Jl_~23,3.~2.~] L41312015 115/4/2015 II 126409JI.. ~~T .. .Jl~ __ ,_9.00][ 233.2011$20,359,_~~ [_ 31s12015 J[4;31201._?_]IT~~so2.Jl._~cT _ _][_o~iJ[2~§JL9> 1~:.202.3!'] [_~1312_~_~_?_][_~!-?!~?~:.JI 11so9~L. ES! JL .. _o.ooll 248.00 jGgl,008~ !_1 !?!.20 ~~JL~~1~~~.?J[13 ~@I EST JL o.ooll.._ ~.~8·~-~J~7,288:6~ I 12111120~111212015 [!9600][_ ....~5=~ ..... J[...... o.~9] 256.0011$13,40?.-:2~/ data:textlhtm I ;char set=: utf-8, %3Ctabl e%20cellspaci ng%3D%220%22%20cell paddi ng%3D %220%22%20border%3D %220%22%20styl e%3D %22font-family%3... 1/1 AFFIDAVIT OF RONDULPH SOOGRIM State ofNew York ) County of New York ) Rondulph Soogrim, upon his oath, hereby deposes and says, as follows: 1. I am over the age of eighteen, suffer no legal disabilities, and have personal knowledge of the facts set forth below. 2. I am an electrician employed by Pinnacle Electric, where I have been employed since November 2009. I was the electrical foreman at 170 Broadway during the renovation of the building from April 2012 through November 2014. In this capacity, I was on site full time during the renovation. 3. I previously filed an Affidavit in this case dated October 14, 2015. I am submitting this affidavit to clarify some of the statements made by me in the earlier affidavit as well as to provide some additional information. 4. As part of the renovation of 170 Broadway from an office building to a hotel, it was decided that the electrical room in the building should be updated and expanded. The plan included moving the end box where the Con Edison service lateral terminates in the electrical room from its then location on the ceiling to a wall. In order to accomplish that, we contacted Con Edison to shut down the power, which they did on February 8, 2013. 5. Since power was needed during the renovation of the building, we installed temporary CT cabinets and CTs, and a 1200 ampere switch to supply power for the building renovations until permanent switchgear and CTs could be installed to provide building service at a later date. On February 8, 2013, during the Con Edison shutdown, we moved the end box and energized the previously installed CTs and the 1200 ampere switch to provide construction power. The temporary CTs were wired to the existing Con Edison meter. Prior to repowering DM2\6644578.4 the building after the shutdown, Con Edison personnel came into the building to look at the work at the end box. There were some wires that were too short, and Con Edison corrected that issue. They did not check the CTs or the wiring to the meter. 6. Although Con Edison usually connects the CTs to the meter, they did not do so. Pinnacle's electricians made the connection from the CTs to the Con Edison meter. 7. The 1200 ampere switch and the CT cabinet and CT that were installed on a temporary basis were used on a continuing basis from February 8, 2103 through March 8, 2014 when new permanent CTs and the permanent switchgear, that had recently been installed to provide power for building service for the hotel, were energized. 8. On March 8, 2014, Pinnacle shut down power within the building in order to energize the permanent switchgear and the permanent CTs that had recently been installed. On March 8, 2014, Pinnacle also connected the new CTs to the existing Con Edison meter. 9. In my earlier affidavit, I stated: "As the electrical foreman at 170 Broadway, in order to energize the electrical service used during construction, I went to Con Edison to pick up the CTs for the cabinet. I then hooked the CTs to the existing Con Edison meter. When I picked up the CTs, there were jumpers installed on them, with a tag that stated: 'Con Edison-do not remove.' So when we installed the CTs, we did not remove the jumpers." 10. While I connected the CTs to the Con Edison meter for the construction power in February 2013, there were no jumpers on those CTs. There were jumpers on the CTs which were installed on March 8, 2014 and which I had picked up from Con Edison shortly before then. 11. I have been told that the jumpers that I left on the CTs formed the basis of Con Edison's claim that the complainant, 170 Broadway NYC LP, was stealing power. That was not true. Separately, in an attempt to prove that Con Edison's meter was not recording correctly, 2 DM2\6644578.4 complainant hired Bay City Meter to install a check meter to record the power usage and compare it with Con Edison's bills. That installation, which Pinnacle completed, was done incorrectly. We installed split core CTs on top of the Con Edison permanent CTs, which had jumpers, and the check meter did not work properly. The jumpers were not removed, because I thought they were required to be retained as stated on the tags. Had Con Edison made the connection between the CTs and the meter, they most likely would have removed them. But, Con Edison did not make that connection of the CTs to the meter. 12. To be clear, the jumpers were on the Con Edison CTs, not the complainant's additional split core CTs. Furthermore, these open core CTs were installed after the temporary CT and 1200 ampere switch were removed. They had no impact on the overcharge claimed by complainant. Dated: New York, New York March _, 2016 Rondulph Soogrim Sworn before me this _ day of March 2016. Notary Public My commission expires on _____,201 3 DM2\6644578.4 LANE COBURN & ASSOCIATES, LLC -~.a~NGINEERING /(eith Lane, P.E., RCDD, NTS, RTPM, LC, LEED AP BD+C Professional Electrical Engineer, Genenal Elec,trical Administrator President/CEO - Chief Engineer - Lane Coburn & Associates, LLC -.:!' 7t)::hange Northwest Chapter The end-to-end reliability forum. Uptime Institute"' Years of Experience: 24 P.E. Licenses Washington, Alaska, California, Oregon, Utah, Montana, Idaho, Hawaii, Nevada, Arizona, Pennsylvania, New York, Minnesota, Texas, Iowa, Wyoming & Virginia. - National Certificate Holder of an NCEES record. Qualifications Keith is a Professional Electrical Engineer licensed in seventeen states (P.E.), a Licensed General Electrical Administrator in Washington State, a Registered Communications Distribution Designer (RCDD) through BICSI, a Network Transport System Specialist (NTS (LAN) Specialist) registered through BICSI, a Registered Telecommunications Project Manager (RTPM) through BICSI, a Lighting Certified Qualified Professional (LC) through the National Council on Qualifications for the Lighting Professional - NCQLP and a LEED Accredited Professional (LEED AP). Keith has active memberships/affiliations in several professional organizations including; NFP A, International Association of Arson Investigators, BI CS I, Telecommunication Project Management Association, the 7 x 24 Exchange End to End Reliability, Illuminating Engineering Society, Washington State Society of Healthcare Engineers. Work History LANE COBURN & ASSOCIATES, LLC. 7107-Present President/CEO - Chief Engineer SASCO - Electrical Design/Build Contractor 12199 - 7107 Overall Director I Vice President! Engineer of Record (P.E.) Keith was the Overall Director of Engineering for SASCO, for the largest privately held electrical and data contractor in the nation. In addition, he was the Vice President of Engineering and Engineer of Record for the Northwest and Northern California operations. Keith provided management, engineering/design and construction administration services for a broad range of project including; commercial, industrial, high-tech, high-rise, residential, mix-use, retail, data center, switch facilities, healthcare, historic, school, government, and public utilities. He has proficiencies in various engineering, management, coordination study, CAD and lighting analysis/design programs. He stays cunent with memberships in several professional organizations. Keith oversaw, managed and was professionally responsible for the engineering and construction administration of approximately $85,000,000/year of commercial and industrial electrical construction. Keith played an integral role in the interregional sharing of resources and ideas between SASCO regional offices through weekly video conf. calls and meetings. Keith is a nationally recognized author and has provided numerous technical articles to leading engineering magazines and has served as an expert panelist on several nationally broadcast web casts. Keith has also served on the Seattle Code Committee, which evaluated the 2005 & 2008 National Electrical Code. Gray & Osborne Consulting Engineers 4195 -12199 Sr. Electrical Engineer!P.E. Keith was a Sr. Electrical Engineer and a Professional Electrical Engineer at Gray & Osborne. ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. LANE COBURN & ASSOCIATES, LLC -~.a~NGJNf.f.RJNG Keith provided Professional Electrical Engineering services for projects including City infrastructure, High Voltage Distribution, Industrial, Street Lighting, Wastewater Treatment Facilities, Military Facilities, Schools, Fire Station, City Hall and Pump Stations. In addition to providing professional engineering services for plans and specifications on many diverse projects, Keith was integrally involved as either Sr. Electrical Engineer or Engineer of Record with several Capital Improvement Plans, reports and studies. Cochran Electric - Electrical Engineer 12194 - 4195 Keith was a Sr. Electrical Engineer at Cochran Electric. Keith provided engineering services for a broad range of projects including; commercial, high-tech, theatre, retail & data centers. In addition to providing plans and specifications, Keith provided extensive field investigation and documentation throughout the entire design & construction administration process. Sparling Consulting Engineers - Electrical Engineer 12193 -12194 Keith was an Electrical Engineer at Sparling. Keith provided engineering services for a broad range of projects including; commercial, high-tech, retail, hospital & data centers. In addition to providing plans and specifications, Keith provided extensive field investigation. Veca Electric -Electrical Engineer 12192-12193 Keith was an Electrical Engineer at Veca. Keith provided engineering services for a broad range of projects including; commercial, high-tech, theatre, retail and data centers. In addition to providing plans and specifications, Keith provided extensive field investigation. Professional Certifications, Education & Activities -Professional Electrical Engineering Licenses Washington: 1998 (#35731) Alaska: 2001 (#10332) California: 2001 (#El6471) Arizona: 2002 (#38527) Oregon: 2001 (66879PE) Utah: 2001 (#4909891) Montana: 2001 (#14712PE) Idaho: 2001 (#10104) Hawaii: 2002 (#10622) Virginia: 2007 (#046144) Pennsylvania: 2007 (#PE075498) New York: 2011 (#089223) Nevada: 2002 (#015900) Minnesota: 2013 (#51206) Texas: 2014 (#118106) Iowa: 2014 (#22461) Wyoming: 2014 NCEES Record Holder Licensed General Electrical Administrator - Washington State: LANE*KT943DR Additional Certifications I Accreditations: ~ (RCDD) Registered Communications Distribution Designer - BICSI #07016 ~ (NTS (LAN) Specialist) Network Transport System Specialist- BICSI #01506 ~ "LC" Lighting Certified Qualified Professional (NCQLP) ~ RTPM - Registered Telecommunications Project Manager through BISCI ~ LEED BD+C Accredited Professional (Leadership in Energy & Environmental Design) ~ Cold Regions Engineering Certified - U.W. & University of Alaska-Masters Classes ~ Advanced project manager training BICSI- PM 125 ~ International Illumination Design Award (IIDA) 2003 - Section Participant A ward Education Bachelor of Science in Electrical Engineering, Seattle University, 1993 Dean's List, Seattle University, Electrical Engineering Department 1992 Dean's List, University of Washington, Engineering Department 1987, 1988 Professional Memberships & Activities Member of the Seattle Code Committee Implementation of the NEC- 2005 & 2008 Technical Advisory Board Member - Mission Critical Magazine - 2013/2014/2015 Contributing Editor to Consulting Specifying Engineering Magazine - 2004 - 2015 Advisory Board for Consulting Specifying Engineering 2005 - 2015 Member of the NFPA-The National Fire Protection Association Named one of the "Top 40 Engineers Under 40" by Consulting Specifying Engineering (2008) Member of the Illuminating Engineering Society ofNorth America. Member of the 7x24 Exchange - Northwest Chapter (End to End Reliability). Member of BICSI - A Telecommunications Association. Member of the Telecommunication Project Management Association (TPMA) Member of the Washington State Society of Healthcare Engineers. ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEEDA.P. LANE COBURN fr ASSOCIATES, LLC Client Recommendations At Lane Coburn & Associates our customers are our primary concern. It is critical that we bring exceptional value to any project. Attached below is a sampling of some of our client's recommendations that we have received since opening our doors in 2007: 11 1 hired Mr. Lane as an expert in several lawsuits involving complex electrical engineering issues and theories. Mr. Lane did an excellent job helping the legal team, and the jury, understand the complexities within the issues and theories. Mr. Lane's work was always top-notch -- timely, well written, and thoughtful. He is also very responsive to the needs of the legal team, as well as the needs of the client that we are representing. I highly recommend him. 11 Service Category: Expert witness, Testifying Expert- electrical engineering from 2011to2013 Top Qualities: Great Results, Personable, Expert Elizabeth Snyder Poeschl- Partner - Meager & Geer PLLP. Hired Keith as a Expert in electrical engineering, litigation in 2010-2014 11 Mr Lane just testified as an expert in an extremely complex electrical engineering case involving a large Data Center. The jury thought he brought 11 fire 11 to the defense case and helped us advance a complex defense in terms lay people could understand. We got an excellent result and feel he played a pivotal role in getting us there. I would definitely hire him again. 11 Service Category: Expert witness, Testifying Expert- electrical engineering from 2011 to 2013 Top Qualities: Great Results, Expert, High Integrity Michael D. Hutchens - Partner- Meager & Geer PLLP. Hired Keith as a Expert in electrical engineering, litigation in 2010-2013 "Keith Lane was excellent to work with. We had a case where the technical stuff was being" dribbled" to us, so it made our Expert work very difficult. Keith was happy to accommodate the situation and was very easy to work with. He is what my parents used to call a "go-getter" ... he would hop on the job and make some sense out it right away. His trial testimony came under some really difficult circumstances because of negative rulings by the judge; but he Weathered the storm very well and did a good job on the stand. I would hire Keith again. Keith did a great job and went way beyond the call of duty."" Mr. Lane testified as an expert witness in Superior Court on a personal injury case involving an arc flash event in Superior Court in March of 2014. Lane Coburn & Associated worked for Thomas Brown, Partner of Brown Lewis Janhunen & Spencer Law Firm. Service Category: Expert witness, Testifying Expert- electrical engineering from 2013 to 2014 Tomas Brown - Partner - Brown Lewis Janhunen & Spencer. Hired Keith as a Expert in electrical engineering, litigation in 2013-2014 ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 3 LANE COBURN & ASSOCIATES, LLC "Keith is a great professional. Not only is hls knowledge unmatched as an electrical engineer, but hls organization skills are something we should all strive to achieve. Keith helped me with a very complex litigation matter, and was able to explain electrical engineering to me, as it related to a very technical environment. Keith is patient, well organized, knowledgeable, efficient, and responsive. Keith also puts together very easy to understand diagrams, and presentations, that can be used for any type of legal matter. I would recommend using Keith if you ever need an electrical engineer." May 5, 2012 Top qualities: Great Results, Expert, High Integrity Alexander Yaffe - Partner at Yoffee & Cooper, LLP. Hired Keith as a Expert in electrical engineering, litigation in 2011 Mr. Lane provided Expert Witness Analysis and an Expert Witness Report and testimony for a Data Center Construction defect project in litigation. After providing his Testimony during deposition and cross examination, Mr. Kennedy, lead council for Taft Stettinius & Hollister sent Keith the following email: "You were outstanding." AJay 23rd, 2015 Service Category: Expert witness, Testifying Expert- electrical engineering 2015. John F. Kennedy- Lead Attorney Taft Stettinius & Hollister LLP. Hired Keith as a Expert in electrical engineering, litigation in 2015 Mr. Lane provided Expert Witness Analysis and an Expert Witness Report for a Data Center Construction defect project in litigation. After providing his Final Expert Report, Ms. Schaller sent Keith the following email: "Thank you for your expedient and proficient work on the report." April 1, 2015 Service Category: Expert witness, Testifying Expert - electrical engineering 2015. Rachel L. Schaller - Attorney Taft Stettinius & Hollister LLP. Hired Keith as a Expert in electrical engineering, litigation in 2015 ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 4 LANE COBURN & ASSOCIATES, LLC "Lane Coburn & Associates was hired to do the electrical engineering for a large data center project on which I was the owner's representative. Keith took the lead on the project and from the beginning did an excellent job of balancing cost and quality to achieve the highest value of designed systems for the client. Keith consistently considers new and alternative approaches to systems and brings new, creative solutions to the table. He is a leader in his field and I would be pleased to work with him in the future." December 9, 2008 Top qualities: Great Results, Expert, Tligh Integrity Terry Rem1aker, Owner of Rennaker Company LLC - H.ired Lane Coburn & Associates as an Electrical Engineer in 2008 "I work with Keith on a very complicated mixed-use Seattle condominium project which included residential, retail and hotel components. Keith was able to take the divergent requirements of each component and weave those requirements in to a cohesive, constructible, cost effective electrical system design. Keith's attention to detail and finger-tip knowledge of electrical codes made him an invaluable member of the design team. Keith's innovative approach to electrical system design incorporates new, cutting-edge technology solutions in balance with cost objectives. Keith is a leader in his field and I look forward to future opportunities to work with him." February 11, 2009 Jim Alekson, President ['f CEO, Aldcson Development Group "Sequoyah Electric has worked with Lane Coburn and Associates on various projects throughout the Seattle, Washington area which have proven to be very successful for all parties involved. The engineering Team that Keith Lane and Scott Coburn developed has proven to be excellent in their knowledge of the Industry and proactive in design creativity along with understanding budget constraints. We feel that the Lane Coburn Team always brings to us their refined skills and insights to a project which eliminates conundrums and positions a project for success. Lane Coburn and Associates will continue to be a instrumental part of our business and future growth throughout the Washington area." February 17, 2009 Jeff Casino, Sequoyah Electric Pre-construction Manager "I have worked with Keith on several mission critical projects over the past 7-8 years. I first worked with Keith at SASCO and have recently worked with Keith at Lane Coburn & Associates. Keith is an excellent engineer with a strong work ethic. Keith brings an in depth knowledge of the leading edge technologies and design philosophies to ensure a project has the desired amount of reliability and value. Keith has a unique ability to communicate design options in basic terms to the owner and the other design team members. Keith is a leader and I would be pleased to work with him in the future." f1mu11ry 08, 2009 Matt Blackburn, Owner1 Lighthouse Electric Group. ELECTRICAL ENGINEERING TELECOM/RCDD D/B TEAM MEMBER EXPERT WITNESS CONSULTING LEED A.P. 5 EXHIBIT 5 • • A TET RA TECH COMPANY 170 Broadway, New York City Electric Power Demand Study Prepared for: Highgate Prepared by: Cosentini Associates Two Pennsylvania Plaza New York, NY March 25, 2016 C2o_,d 0 H ,0-H ,- A TETRA TECH COMPANY 170 Broadway March 25, 2016 Page 2 of 4 INTRODUCTION The Owner of 170 Broadway retained Cosentini Associates as independent engineering consultant with extensive experience in design of high-rise buildings to review the power demand and energy consumption as billed by Con Edison versus the actual demand as could be expected to be delivered subject physical limitations of Con Edison's service. The facts of the case are described in Duane Morris letter to the public Service Commission , dated February 24, 2016. Cosentini Associates was established in 1952 to provide consulting services in the mechanical and electrical engineering disciplines. The firm now has more than 300 design professionals and offices in New York, NY; Cambridge, MA; Chicago, IL; Houston, TX; Abu Dhabi, UAE; Shanghai, China; Seoul, South Korea; Moscow, Russia; and Paris, France. The firm's design services include HVAC, electrical power, fire protection and engineering , plumbing, telecommunications, security, audiovisual, specialty lighting, LEED/sustainable design, LEED facilitation , mission-critical design, commissioning, construction services, and code consulting. Our portfolio includes virtually every project type - commercial high-rise office buildings, corporate headquarters, tenant interiors, residential towers, major mixed use developments, hotels, academic facilities, healthcare and R&D facilities, courthouses, museums, performing arts centers, etc. Cosentini Associates is a wholly owned subsidiary of Tetra Tech, Inc. (NASDAQ: TTEK). The 170 Broadway building is a 21-story structure, including Penthouse and basement, constructed per the pre-1968 NYC Building Code. During 2013 - 2014 the building was renovated and converted from its previous commercial (office) occupancy to a hotel. Cosentini Associates had not been involved in design of the building renovations. We have reviewed the documentation referenced by Duane Morris February 24 letter. We have also reviewed the electrical contractor's service installation drawings that were submitted to NYC Building Department Advisory Board for approval, and we have visited the premises to verify that the electrical service arrangement and equipment is consistent with the drawings and Con Ed ison's service ruling. FINDINGS We concur with the assessments offers by Duane Morris and Energy Watch that Con Edison overbilled the customer. In our opinion the erroneous readings were due to incorrect installation of metering equipment and the use of an incorrect multiplier for converting the current transformer (CT) values for calculating power demand and energy consumption. The Con Edison service to the building that existed prior to building renovation, which is identical in its current configuration, is not capable of supplying the magnitude of power levels indicated in billing statements during the period of 2/1/2013 through 3/20/2014. The PSC in its letter dated January 26, 2016 to Energy Watch and to Con Edison, admits that the registered demand of 6,000 kW is erroneous and should be discounted. We believe that all such readings for the duration of installed temporary service should be discounted. It is our opinion that the power usage analysis presented by Energy Watch in their report of October 14, 2015 is reasonable and more closely reflects the probable energy consumption. C!..o_A--..-H ~-H < A TETRA TECH COMPANY 170 Broadway March 25, 2016 Page 3 of 4 Some of the significant supporting findings are as follows: • Service limitations of Con Edison's service (under Con Edison's exclusive control) • Limitations of interior service conductors that extend Con Edison's supply conductors • Limitations of building's service switch • Use of incorrect multiplier by Con Edison CON EDISON SERVICE DESCRIPTION There are four basic equipment components associated with network vault installations which determine the design loading limit of the complete installations. These are: • Transformer • Network protector • Network protector fuses • Tie cables with associated fuses Manhattan is an N+2 or second contingency service area. This means a service installation to a building must be designed for the loss of two primary service feeders and associated transformers. The configuration results in a minimum of three service feeders and three transformers serving a customer. The service arrangement is illustrated by Exhibit A: drawing SKE-031716 and Exhibit A2: Con Edison Space Requirements for 120/2018 V service for commercial building up to 150,000 sq. ft. Con Edison's street network resiliency is further enhanced by interconnecting with other transformers in the vicinity. The 170 Broadway is supplied by a single (1) Con Edison service take-off with Con Edison limitation of 3,500 amperes at 120/208 volts. For much larger buildings or for buildings requiring greater power density, Con Edison service may be expanded by addition of a fourth transformer and a second service take-off with another 3,500 ampere rating. A four-transformer network with two (2) service take-offs at 120/208 Volts totaling 2,000 kW capacity is a maximum installation arrangement. For exceptionally large buildings requiring yet more power, the configuration illustrated in Exhibits A and A2 would be replicated. Con Edison in a letter dated February 21, 2012 (Exhibit B) attests that the existing service is limited to 3,500 amperes or about 1, 134 kW. If 170 Broadway were to be a newly constructed building with a new Con Edison service, its service capacity supplied by Con Edison would have been likely less than 3,500 amperes. Given that 170 Broadway building was a commercial building converted to a hotel, and Con Edison had elected to retain the existing service as-is, service to a commercial building would have been sized at 8 watts/sq. ft. as indicated in Exhibit A2, still within the capacity of one service take-off and with demands less than 1,000 kW. In order to measure current for billing purposes, current transformers are installed. The current transformers produce a signal varying from 0 to 5 amperes that is multiplied by a conversion factor to obtain the actual demand value. For a 3500 A service a 4000:5 ration current transformer would have been used resulting on a multiplier of 800. For a 1200 A service used during construction, a much Co..,A t2 H /LIZ< A TETRA TECH COMPANY 170 Broadway March 25, 2016 Page 4 of 4 smaller current transformer would have been used with a smaller multiplier. It appears that Con Edison utilized the same multiplier of 800 throughout 2013 and 2014. See Exhibit C. ELECTRIC SERVICE DURING CONSTRUCTION The existing service take-off was utilized as the energy source prior to installation of the permanent distribution equipment. However, the existing electric distribution switchboards were demolished and replaced with a temporary service switch and distribution during the construction period. The configuration is illustrated in Exhibit 01 . It is important to note that while Con Edison had a capacity limit of 3500 amperes, the actual usage within the building could not exceed the rating of the 1200 ampere main switch or three (3) sets of 750 kcmil aluminum conductors. Three (3) sets of aluminum conductors would have combined design current capacity of 1, 155 amperes. The permanent service as-installed (See Exhibit 02) utilizes Con Edison's service conductors consisting of (8) sets of 500 kcmil copper conductors. The combined design current capacity of these conductors is 3,040 amperes. The current capacity ratings are stated in the NYC Electrical Code; attached is Table 310.16 (Exhibit E) with allowable ampacities for various conductors. CONVERSION OF AMPERES TO KILOWATTS ~ = (Volts x Amperes x 1.732/1000) x PF PF is a power factor, that in residential buildings typically between 0.9 and 0.95. Con Edison often uses a power factor of 0.85. We have assumed PF of 0.90 for calculations below. 1200 A= 389 kW 3000 A =973 kW 3500 A= 1127 kW (capacity limit of Con Edison's takeoff) Very truly yours, TETRA TECH ENGINEERS et.al, P.C; d/b/a COSENTINI ASSOCIATES Q · " Roman Kuzmicki, P.E. Vice President CC: 0 . Mass 't'----_.r::p------4L------4---- CON. EDI SON FEEDER CABLES 13,800 VOLTS TO ADJACENT MAXIMUM (4) BUILDINGS TRANSFORMERS BUS COMPARTMENT ~--1000KVA SIDEWALK TRANSFORMER (TYPICAL) COMMON COLLECTOR BUS 208 VOLTS CON. EDISON'S RESPONSIBILITY '+'--_,__ MAX I MUM POWER INTO BUILDING LIMITED BY FUSES AND SERVICE CONDUCTORS CON . EDISON INCOMING SERVICE 3500 AMPERES CONDUCTORS. (8) CONDUITS BUILDING WITH 500 KCMIL CONDUCTORS FOUNDATION WALL DEMARCATION POINT ( SERV I CE END BOX) _ __,, BUILDING OWNER'S RESPONSIBILITY SERVICE M ---- CON . ED I SON METER SWITCHBOARD (TYPICAL) ~- 120/208 VOL TS ---- SERVICE SWITCH (TYPICAL) TO BUILDING EQUIPMENT EXHIBIT A SKE-031716 3/21/2016 SP.AC [ R[QU IR EMEt~TS FOR 120/20B VOLi SIDEWl•LK \';\UL\ A R ~ AN G [MENT WIT'"! I SERVICE TAKE - CFF , TY PICAL SUPPLY TO A CO MMrRCIAL OFFIC E BUIL DING u 0 TO 150,000 sq/fi @ 8 WATTS Pm • q/ ft 10-6.. St.E('I.£$ lrl Elll l t Dl t~C ------+H~F_'."~"'.' :'.:~ ' ~" -~ ~LL_ s1 cusrowu ______·- - --· ______l~- ~1 ~£------ PR[ -.;;A') r Ror.;of _. 0 -4•· S[:=! \'ICi" ,\ SS£ "0LY (TYP.) ,f CO tl O•Jl fS Bi CO WP!. tn· • .. " --/ -. -~ · --· - ---54 -1 - . · -_ - -· . - ~ - -- / -1 --'-J.-·- 6-l.0--•---· ~ 5-1 l5- i - - / ... 1------~ S.' - I - - ·- ·- ·· 1 1- -- - 1 I , : .. . I i . ..~;;,;;~: '~I!~::: ==" tl._ .. -:-.: . ;,~ . ~~~O R :[;~ ~ , · _· .. _:~ ...-~ :r .. _. ··· . ~ ~~r~m.~_:; · · ~-,- ·-i f.'Ir' l w· .. I ii illP- -- --{•· j ' .. I I 1r - i llJ!l'r- --~ . .. r11r ---, :- ,r, 3' ~ o - o' _s· '""" ( ~ ·~~'1 1J ~ 1 1 1 , 1 ".'11, 111 1 1l~~ ~1, ;~}~ ·: ~t j .~ l ""till1l:l } ~I I:~ _A.~ 111 . ,, otl ~~ fl ,~ ~ 1 •PP~ C.. lrD S!EEL __/ I. - - 6·- r;-- 1 •- -- 5·- 0·: G;A l1NC [T"1'P.) (TYP.) (TYP.) ..t!_QT[; C US TO M~ R foO MAlf"T .~ J N T ~~ AR~A AROUNl[J VA lJ LTS CLEAR OF ANY FUTURE: Tl TRA NSFORM ER VAU U S TD BE ACCESSIBLE AT ALL T!M(S. fNST ALLA.flDN OF SPEC IAL SIO(Vl.ALK FINI SH IN AND AROUND VAULT AREA OTHER rHAN STANDARD CONCRETE SHALL BE CUSTOMER'S RcSPONSIBI LI Ti' ANO IF IT BEC OMES NECE SSARY AT ANY fUTUP.E OATIE TO REM OV[ TH E GRATING THE REPLAC£MENT DF SAID FI NISH IF DI STURBED l'll LL BE HIE R£ SPONSIBILllY OF lHE CUSTO MER NO AW NINGS . BU ILDING OVERHM"GS OR C/\,NOPIEs TO BE I NST1\ LL ~D ov~ 1 r1 TRANSFORMER VAULTS. VAULTS TD BE LOCATED AT L[AS T 5'-0" FRO M FIRE H»ORANTS GRATINGS IN FRONT Of ENTRANCEIVAYS , DRIVfW4Y O~ LOADRNG DOC K REQUIRE 0.D.T. APPROVAL MUST ::STABLISH CURB / f"UTURE CURB LOCAT ION EXHIBIT A2 BASF.D U?ON 0.0.T. INFORMATIO N RfMEOIAHOJj OF CONTAMIN ~ T£0 SITE WILL 8[ BY THf CUSTOMER AT THE IR E XPEN$~ SOIL 8·0RINGS IN THE AREJ, OF THE VAULTS MUST SE SIJ 3t.1 1TTED TO CD f'l EDISON AT START OF DES IGN ~ CONSOLIDATED EDISON CO. ~ or NEW YO Rf~. INC. ~ 4 Exhibit B Cqnsolldatc£1.~lr;Qn ComJlanY ai New York. Inc;. (§ 4 '"~ng Pli;ir."a New York NY 10003 cont:;~ison WWW.cunEd.Cr.im Dll"•Edllan. Inc. lr>11nnu)' Febmary 21, ~012 Ms. CllrJs.tina ,Zin)iper StqnaliiJl & Tltjilor Al¥1titects 31 West27tl·' Street New York; N¥' 1'000'1 Re: 170 Broadway C.asc lb: 1284152 Based upon your consulting engineer's submittal' mnd~ on Ja~uary t 6, 2012 f.o>- the ~bove refei:enced project consisting cf 12I 10 I 0 gross sqq.are feet a:nd ~.4321<.W in miscellaneous· . coimeel~Q Icn1~s. we propgsc; ~o supply u stangard throe phase, four wire, alternating pur,rcmt s.ervic~ ~t approximately 60.oyc!C(S and i2Ql2Q8 volts. subj.eat to the provisions of our Eli::ctrlc Rate Soh~dule- and the Requirements fo1: Electric: Scrvic;e l!is\allations. Thh; serv.ice d.eterntlnation is that the eXill!ing vault nn(fs'~rvic.e take-off is ac:lequ!lte for the new load. The existing service. take-off is limited to 3.,500 amperes per phase pet half .hQlJr de1nand. We direct your atte11tion to the. information reg~ding "Motor Prot~ctiou ' ' included in 01:11· EJectrio Servica ln$ta.Uaf.\?11 book: • All motors $11oulcJ be equipped with \.lll'cle1· voltnge tripplng.devices to pt•evont ~ustained 1.lnder v.oltage operation . .Such devices should be:~f.a time dcl~y type, to .avoid Ullnccessatiy tripph1g upon mtimentaly voltage dlsturbflnces or sef:\lice interruptieb~. · · .. All palfllhase mofor1i:should be egliipped with' suitable proteotl6h to p.revont s\!Sfruner;I un~er-voltage opeJ:4tion, bilprbper dii:ectiorJ bfvotalfo.Q.ond exccljsjve heating due to phase C\IU'ent unbli,ll)l}ce. o The c·ornpany WlilJlot be responsible. in any way fo'r damage to custom~i:?s equipln~nt di.le to failure efiliJ! ousto.tner to' provide.adequate pratection. EXHIBIT 8 Mr. John Cioffi of ou1· Major Services Group wlll contact you to arrange a meeting to review in mote detail the scope of yoiir project, discuss con:itruction pll:ms/data we r~quire, ilie'1tjfy .~ajor coordination milestones and potential obstacles, areas that can be expedited and iastly to develop a j~int coordil1ateq tjnieline to .meet both ofou1· con~ction needs. Meanwhile,. sMuld you have any .questions, please feel free to ca!i Mr. Cioffi at {212)460~2332, or his manage.r Mr. Reginald Lucas at (212) 460 ... 3618. . Sincerely, R.usself 1-lovvard Customer-Project Manage1· Mitnhattan, SAT Cc: lv(s. Marisa Viscianq .. WSP Flack and. Kurtz ~ EXHIBIT C Statsnent of Ai:countror; Account Humber: f ASTIR PROP HOLDIHG NV 49-4011-1152.1)001-6 @5 166 BRQADYfAY ENT con. ~dlson J.IAUHATIAN 10038 05'09114 GAS BILLS PAYMEHTS Rae RA9 - Gene111I Large ransportation - Genentl r.teler Ho: 3156656 Se airily Oellvery flon..resid Deposit: 548,695.0 Rdg Date Amoun T D11kt Amoll OSJ02/14 EST 05101/14 S4.6,174.9 04/03/14 EST 29 30280 570400 1216.00 546,099.95 EST D3125/f4 539,735.9 03105114 EST 12 29567 739200 3640.00 539,735.90 O:l/24114 S107JI 03105114 EST 30 562 43 567.60 03117114 5128,826.5 02121114 EST so 28643 2128300 2736.00 S146,211.92 03104/14 517,420.1 01/02114 elec biV(sJ cancelled ($17,385.38; 02/06/14 SSB,966.6 02/03/14 EST 32 26023 32800 72.00 517,385.38 EST 32 S:i!O 0 534.75 01127/14 533.5 01/02/14 /.CT 30 25982 1053600 2152.00 588,966.60 12124113 571,487.7 01/02114 EST 30 520 1 532.71 12102113 524,747.5 12/03113 At:r 63 2.4605 825600 1664.00 5107.413.84 EST 34 519 22 553.11 11/04/13 531,820.2 10/0t/13 elec blU(s) cancelled !524,384.72' tlt/16/13 573,105.6 tOiJ0/13 EST 29 23913 224000 832.0D 524.384.72 EST 29 498 19 544.99 09/19113 530,223.4 10/01113 ACT 32 23633 248000 &32.00 530.853.95 EST 32 480 7 538.35 08113113 51 t,508.1 08/30/13 H:r 29 23_323 343200 744.00 530,184.26 EST 29 473 6 534.47 118/13113 5117.9 D8J01/f3 ACT 30 22894 388800 8$.00 536,339.43 07129/13 St~.062 . 6 07/02113 EST 29 22408 375200 8$.00 536,136.77 07/01113 541,644.5 06/03/13 elec blB{s) cancelled (S 11 ;431.93; 06f13113 $45,47&.4 08/01/13 EST 30 467 , :is 551.50 06/13113 545,414.3 07/02113 EST 29 21995 44800 136.00 511.431.93 EST 29 443 24 54~,65 06113113 521,796. t 06/03113 /.CT 32 21939 407200 992.00 539,676.76 EST 32 420 22 548.69 06113113 5143.S 05102113 EST 29 21430 504800 1208.00 545,478.41 EST 29 399 24 549.48 06113/13 S110.8 04/03/13 AtrT 29 20799 570400 1216.00 545,414.37 04/09113 53,363.2 04/03/13 EST 29 376 28 552.73 Su1T1TI11fY,811lunce brought forward 04/03f13 $25,367.4 Chllrges C.E . Bills prepared {E) 5745,914.19 C.E. Bills preparad (G) S663.p9 ESCO Cl111111es (G) CISOfD4f03/13 s220.se Transfer Charges SO.OD· Debi! ~justmenls 512, 133.67 Late P11~ent Chol!Jes $3,320:68· Total Charges ~7621252.7 Total Debit$ 5787,620.1 Creel ts Pllym\!nls S734.29M3 Transfers 50.00 Credi Adustmenls 553,202.03 Lale Pa~enl Credits s.~.00 Depos~ Interest 557.28 Total Cre Balo\lflCl:I Due Compnny 570.8 If you have any further questions feel free to call or responq to this e-m.aiL I will get back to you as soon as I can. Jason McNulty Senior Customer SeiVTce Repres1m/ative C~rporate Customer Group CohEdlsbn Company of New Y'ork 4 1M11g Ptlice. 0111 Floor 3 Exhibit 01 TO BUILDING LOAD 1200A SWITCH BOARD (TEMP) 3 SETS 750M.CM AL PINNACLE ELECTRIC LICENSE #11 CONED 1200A 1200A END CT SAFETY CAB IN ET SWITCH m BOX 1 >< I I I TEMP I ' TEMP I OJ- -I- 0 ~ N 0 I-- -co I > Table 310.16 Allowublc Ampudtics or Insulated Conductors Ruled 0 Through 2000 Volts, 60°C Through 90°C (140°F Through 194°F). Not More Than Three Current-Currying Conductors in Raceway, Cubic, or Earth (Dircclly Huricd), Husl.>d on Ambient Temperature of 30°C (86"'F) I Tcmpcr111urc Rulln~ or Conductor ISl'C Tuhlc JI0.13(A).) 60'C 60"C ( 140"1') 7S"C ( l<17"l'l 9U''C ( 19-l0 f) (140°f) 7S"C (167°1') 90°C (194°Fl 1ypl-s TllS, SA, SIS, lypcs TllS, SA, l'EI', HWll, Ml, RHH, SIS, THHN, IUIW-2, THHN, THHW, THW-2, Types RHW, THHW, THW-2, Types RllW, THWN-2, RHH, THHW, TllW, THWN-2, USE·2, THHW, THW, RHW·2, USE-2, SizcAWG or THWN,XHHW, XHH,XHHW, TypcsTW, THWN,XHHW, XHH,XHHW, kc mil TypcsTW, UF USE, ZW XHHW-2, ZW-2 UI• USE XHHW-2, ZW-2 ALUMINUM OR COPPER-CLAD COl'l'ER ALUMINUM Size AWG or kcmil IH -- 14 - - - 16 IH - - ·- - 1.i • --20 211 25 - - - - I~ ' :?5 :?5 .10 20 20 25 1'2· 10• .10 15 -10 2.5 30 JS Hf• H -10 .50 55 JO 40 45 H ,, 5; (15 75 .io 50 6 -I 70 85 95 5.5 65 ""75 4 J 85 l l,'IJ 125 1,50 170 llM> IW IJS 1/0 ~ I) l-1 .~ 17.S l'J5 115 115 150 210 l nJ 165 2(KI 215 1.10 155 17.5 3/0 .jjl) l1J5 210 2<~> 150 IHO W5 -1/0 Ir 2$0 215 255 2911 170 205 2.10 2511 J!HI 2-10 285 1~0 1911 :no 255 JCK) J50 260 311> 1511 210 2511 2811 J50 41111 2HO 3RO :!:!5 270 305 41K> 5(K) J20 I 3Hfl I -110 2(,() Jf(f J50 51XI (~Kl J55 .iw 47.5 ~85 J411 385 llKM) -15 .5 '.1-1 5 1>15 :17 5 4-15 5(M) l(MKI 1251> 4'15 $90 ,,,,5 -105 -185 5-15 12511 15(M) '.120 '1!'.I 70.5 4JS 520 585 151K> 1750 .5-15 (150 735 -1 55 545 615 1750 11KMI 5(~) M'.I 7.1<1> 470 '.\(10 f1JO 2!XK> COIUmCTION FACTORS Ambient · 1~mp. Fur umhlcnl 1cm11cn11tm"' 111hcr lhun 30 ' C (IUi< Fl, multiply the ulluwuhlc umpudllcs shown uluwc hy the uppr<1prlu1c Ambient Temp. ( " fl ( "(') fuclur ~huwn below. 21 25 1.08 I . II ~ 1.0-1 I.OH I 05 1.0-1 70. 77 !(>-10 l. Jl -J5 O.CJI 0.'1-1 0% 0.91 IL J(1--IO 1!82 O.HR 0.91 08~ II.HM (). -11--1 5 11.71 0.8! 0 H7 0.71 0 82 0.1!7 105--llJ 4'1- '.1 0 If.SH 0.7.5 O.Hi 0.$8 0,75 0.82 11-1- 12:? '.11 -:'i'.I 0.-11 0.67 0 111 0.41 O.C.7 0.76 123- DI 56 - (~ ) - 0.5R ll.71 - II .SR 0.71 132 . 1-10 M - 10 - 0 JJ 0 '.1 8 - n.:n 0.58 1-11 - 1.58 71 - HO - 0,41 -- - 041 ISCJ- t7<1 a Sec 240.4(0). 70-148 EXHIBIT E NATIONAL ELECTRICAL. CODE 200!1 Edition EXHIBIT6 Exhibit F Jay Raphaelson From: Peter Athenson [email protected]] Sent: Friday, May 09, 2014 1'1:22 AM To: Jay Rapf1ae/son Cc: Padllfa, Francisco L. ([email protected]) Subject: FW: Con Edison : 166 Broadway, ENT ·Jay, Can you coach me as to how to respond? HIGHGATE HOTELS Peter Athenson I Vice President of Consitucfion 870 7th Avenue, 2nd Floor I New York I NY i 10b 19 c. 917-975-4601 From~ Mcnulty, Jason [mallto:[email protected]] Sent: Friday, May 09, 2014 10:54 AM To: Peter Athenson Subject: Con Edison : 166 Broadway, ENT Good Afternoon Mr. Athenson; I am writing in response to the letter you sent on April 291 2014. There was an unusually large spike in usage and demand covering periods petween 10/30/13 - 3/20/2014. We sent out a meter technician on February 2i'to inspect the meter since the December readings and demand exceeded 80% of the meter's allotted capacity, The period covered 10/1/2013 -12/3/2013 for 63 days, 825,600 Kik1-Watt Hours and 1864.00 Kilo-Watts. The technician cam·e back stating the meter was operating above the 80% threshold, bl.It it was operating properly and not malfunctioning. There was also a spike last year, but it wasn't this high. • Was there something beirig done at this location during 10/1-3/5 that would explain the large increase in service such as .renovations, construc;tion, electric heating equipment, switching loads. The reading we took on May 2 shows the usage has reducei:f drastically. 3/20/2014 - 5/2/2014 shows a total of 128,800 l I've enclosed a brief overview of the usage from 8/30/13 - 5/1/14 with the actual readings we have. You can see how the demand spikes sometime between 3/5/14-3/20/14, then drops down for May. i ------·-----.~------<·'-·------,. ···-----·---- 49-40H-1152~0001-6 Electric Mete~~-~_ Date Days : Beading Consumption.· Daily 0.Found D. Left Demand· 5/2/29~4__ i 43 30109 128800 2995 93.88 94.28 ; _~2Q'.QQ 3(20/2014 15 29948 304800 20320 88;62 93.88 f 4208.00 3/5/2014 12 29567 739200 61000 84.07 88.62 ! 3640.00 2/21/2014 50 28643 2128800 42.576 80.65 84.07 2736.00 -- ~ .. ~- ... .. ····················· 1/2/2014 30 25982 1053600 35120 77.96 80.65 l 2152.00 i2/:y~9p 63 24665 825600 13105 75.63 77.96 1864.00 --- ~ -- . - --- - .. 10/1/2013 32 23633 248000 77'3/J 74.59 75.63 832.00 8/30/2013 23323 I'm also including a statement showing the usage/demand. You can see the spike last year as well, though not as excessive. Something appears to be in use during these times that pull q[Jite a bit of service. This may be due to electric heating of some form, since last year's winter was much milder than this years. 2 EXHIBIT7 MfTMT AD1'.M£5 ll/14;1.4 RETtiRNED TEST METER l.2: 18: L'> Cf\N BhP cont;: TV(!.00640B33?Ql\H OR ENTER I OTE CHECK TESTED (Y/Nl : DELETE TEST (Y/NI : 0 RETIRE:, ENTEi\ FF.:Tl REMr.:NT CODE; ACCEPT TEST Df1TF1 (YIN) : Fl/13 - PREV SCREEN PF2/14 - TEST MENU PF3/15 -MAIN MENU PF4/16 -EMPTY SCREEN F'S/17 - TEST HEG. PF6/18 - CUS'l'. lNFO. Pf7/19 -PHEV TEST PFS/20 NEXT TEST F9/21 - SAMPLE TEST REPORT PF!0/22 - FIRST TEST PF:Ll/23 - LA'.3T TEST 2900 LATEST TEST DATA DISPLAYED * EXHIBITS 440805 - CT & Meter Test Report CT INVESTIGATION REPORT FIELD INSPECTION REPORT CASE: Radio 8/12/14 DATE OF INVESTIGATION: May 27, 2015 NAME & ADDRESS: 6 Astir Prop Holding, 166 Broadway, New York METER TYPE: GEkV2c ACTlCX 8075332 K=800 120V 3-stator transformer rated form 95 IP 10.224.11.39 OLD METER: GEkV CT1HM 6498333 120V 2112 stators (Z-coil) Form 36A CT TYPE: GE JAD-OC 2000/4000:5 (connected to 4000A) . - ~-+ sAvvi C 0-~ SERVICE TYPE: 120/208V 4-Wire Y Service d::J /_,.; f /c[v,re-J RPU FIELD REPORT FINDINGS: r-6~ ~ Suspected TOS ;j;d/M. Load @ call test with shunts installed calculated at 84% ·Load @ call test with shunts removed calculated at 93°/o ~I ~vs~~ __;:::;:;s METER ENGINEERING FINDINGS: ii _:i:f boffi juhr U"-- 1/, · CT enclosure: MES-377 cabinet made by Electrotech. r-ML {_ bt1fA 51 k) /,~ h6 ~ _) &'V /Cl. (L};; CT tests: a}/v Three (3) window-type 2000/4000:5 GE JAD-OC CTs connected to the 4000 tap. Field measurements taken around 9:44 AM using Birddog: A-phase current= 0.8 X 800 = 640 Amps B-phase current= 0.7 X 800 = 560 Amps C-phase current = 0. 7 X 800 = 560 Amps System (Meter Circuit) 166 Broadway CT test report Location: 100 Broadway Meter Tytli!': Form 9. 4 Wire Wye {3S-31C) Date: 5!.21'12015 Rotatit:m: ABC comment: Soll!>en: Gfo~Sa\1: A B c System Ct~:Ct3:0-:;t· 00:11:55 OO;t5:30 VecbirPbt General l:pc vs- 11:2-5 123.t 1232 rs 0.9491 0!8401 O.ll>!l69 lp 7.f-0.9 e«.s 687.5 ~Vs-rs 21.5 2~.. o 22.4 V-so ~lp.-ls 1.2 f.5 f.6 \ Wfra Verify C.orrect Oonect Correct Ha.rmonfus THO Voltage% U u THDCummfl\ 6.7 9.6 POIVeY ~ 0.11124$ 01D98f27 0.10fes9 0.3ff064 kVAR 0.003728 0.032664 0.002'561 o.~& kVA O.H624S 0.10042 0.100775 0.326423 True PF 0.957}CJ 0/949 ~ 0.952l;J 0.lm~ OispPF 0.931 %1 0.919 lg 0.924 lg 0.925~ Ratio/Burden Summary PhaseA ><-. PhaseBa- 'Phasec- Systl!'m Olm Ratio %Change Ra.tio %Change Ra.tio ~~Change 0.0 3955.9 0.0 :3.S56.7 0.0 3955.1 0.0 0. l 2.sre.1 o.o 3958.0 (l,i) 3007.2 0.f 0.2 3W2.1 -0.1 39.58.7 0.() .3~.3 0.0 0 ..5 :~57.4 0.0 :>st50.7 OJ .3S6U O.t 1.0 2.0 4.0 Ratro No Burdecn 3955.9 3$56.7 3005.1 Rated Bunien t .O tO to Burden Result As Ra'E<:I As Rated As Rated %Aoouraoy 101.1 tOU f•)0.9 !OW. Favors Utility Utility Utility Utinty Rated Ratio 4000:5 +2% ------· --- -2% ------ 0.0 02 0.5 f.O 2.0 4.0 Fig. 1 CT burden/ratio and vector plot summary Fig.1 above shows a vector plot of all the 3-phase voltages and currents in the customer CTs. All vectors are normal. Wiring is also correct. The ratio/burden summary plot in fig.1 shows all three (3) CTs well within the +/- 2°/o range of the nominal CT ratio. · Accuracy% CT Phase Phase Phase A B c Value 101.1 101.1 100.9 Fig. 2 Accuracy table Meter: The new meter 8075332 has a normal phasor diagram with normal diagnostic codes as seen in fig. 1 below. Meter: kV2c (DEMANDtlP) Form: ~8 Se!Vlce: 4-:Wire, \l\lye, ~Elem:eht (Allton;atic) ID: 8075332 . NOTE: All Angles are Lagging ElernentA Oiagn<>stics. rGraph . D1t 000 VAngl.e: o.o· 02: 000 • current: o•. e D3: . 001 I Angle: 14.7 04: 000 ··as,.\: DOD . · ElementB . DSB: DOD Voltage: 123~2 DSC 000 VAngle: 1±9.9 DS: 000 current: 0.7 '. 06: 000 l Angle: .137.4 07: 000 Element C b8; ODO Voltage: 123.2 Instantaneous VAngle: 239.6 kW 0.30 Del-Rcvd Current: 0.7 Fig. 3 Meter Vector graph ------Billing Report ~me jconEd lcompanyl jcompany2 jcompany3 ------Meter Identification fMeter Type fM;ter Mo._d_e ______jDEMAND/LP [Regi~t;· Function jDEMAND/LP jMeter ID jso75332 IMeter Serial Number 136341669 !Program ID 1 IHardware Version 6 IFirmware Version j4.0.0.0 ICurrent Date los-21-1s !current Day of Week !Wednesday ICurrent Season N/A !current Time !o9:44 IGMT Setting !Disabled jTime Zone Offset lo Hours Meter Errors jNone Revenue Data rAverage Power Factor jo.960 ------Total ------Energy l~~h Total_E--=!_~_lllY F+H !210 ··-·------,~----·------jkvarh Total Lag Only F+H IEEE !summation 3 IN/A .,~N_/_A ____ ·------.~------!summation 4------jsummation 5 IN/A ------Maximum Demand !kw Total Del Only F+H jo.3s jkvarTotal Lag Only F+H IEEE lo.10 [Max Demand 3 IN/A J Max Demand 4 jN/A IMax Demand 5 IN/A ------Coincident Demand . fo~~~~d"-icr>1=N~;------ro------·------ fDemand 1 CD 2-None lo IDemand 2 CD 1-None O IDemand 2 CD 2-None 0 IDemand 3 CD 1-None 0 IDemand 3 CD 2-None 0 lDemand 4 CD 1-None I0 1o~-;;~d'-4-c02=-N~;;-~------·----ro----··-----···------·---·----·--·------· jDemand 5 CD 1-None lo !Demand 5 CD 2-None lo Cumulative Demand fkwT~t;i1>·;·ro;;1v-F+ti ______jo______.. _____ .. ______.. ______ jkv~rTotalLagOnlyF+HIEEE - lo - -- jcum Demand 3 N/A jcum Demand 4 N/A jcum Demand 5 N/A ------Continuous Cumulative Demand jkw Total Del Only F+H 0.35 j kvar Total Lag Only F+H IEEE 0.10 jCont Cum Demand 3 N/A ICont Cum Demand 4 Jcont Cum Demand 5 . Real time Pricing Energy IkWh Total Del Only F+H - RTP 0 lkvarh Total Lag Only F+H IEEE - RTP 0 !summation 3 - RTP l~N_/_A______. jsummatton 4 - RTP N/A jsummation 5 - RTP N/A ------Maximum Demand lkW Total Del Only F+H - RTP 0 Ikvar Total Lag Only F+H IEEE - RTP 0 IMax Demand 3 - RTP N/A IMax Demand 4 - RTP N/A IMax Demand 5 - RTP IN/A ------Coincident Demand jDemand 1CD1-None - RTP 0 IDemand 1 CD 2-None - RTP 0 IDemand 2 CD 1-None - RTP ,_,0------_- __-_-_-_=-_-=_--::______jDemand 2 CD 2-None - RTP jo ro~-;and3"co 1-None - RTP·- ro------· fo~;-;~d3co-2::N"~~~"RiP-·------·-10-·--·------.. ------·------·----- .. --- !Demand 4 CD 1-None - RTP lo - IDemand 4 CD 2-None - RTP 0 IDemand 5 CD 1-None • RTP 0 IDemand 5 CD 2-None - RTP 0 ------Cumulative Demand !kW Total Del Only F+H • RTP 0 lkvar Total Lag Only F+H IEEE - RTP 0 jcum Demand 3 - RTP N/A !cum Demand 4 - RTP .-IN_/_A______fCu~-i)~;;~d·5·:··RTP ------·------[N/A·------·-·------.. ----·-- Continuous Cumulative Demand IkW T~tal Del Only F+~::_ RT~------0 ... ------jkvar Total Lag Only F+H IEEE - RTP ro- ~~tCu-;-Demand 3 - RTP [N/A------·--·-··--·--·------·--·------,---- jcont Cum Demand 4-- RTP IN/A ---- 1Cont Cum Demand 5 - RTP N/ A - Self Read Data ' ------End of Report · Fig. 4 Meter billing report CONCLUSION: CTs were tested and found to be within the specified tolerance of+/- 2% of the nominal CT ratio (see fig.2). The new meter is wired properly and shows no diagnostic codes (fig.3) ATTACHMENTS Photo 1 CT cabinet with Birddog primary flex CT on B-phase Photo 2 Meter enclosure with meter removed and Birddog secondary cables wired to B-phase on the 10-point test switch. Photo 3 Meter enclosure with meter installed. ge: 1 Document Name: untitled MFTMT ADAMS 11 /14 /14 RETURNED TEST METER 12:18:15 CAN BAR CODE: TVQ006498333QAH OR ENTER KEY INFORMATION BELOW ETER # : 006498333 COMPANY PREFIX: CT1HM TYPE: KV MFR: GE EST DATE: 11 / 13 / 14 TIME: 12: 44 EMP. NUM : 17978 SUPERVISOR#: EST BOARD: 012201 REG.RATIO: 0000 00 / 00 DIAL MULT.: 00001 TEST REQ: EAVY LOAD: 099 . 8 LIGHT LOAD: 099 . 9 FINAL AVERAGE : 099.8 TATOR BAL H.L.: A: 000 . 0 B: 000 . 0 C: 000 0 TATOR BAL L.L.: A: 000 . 0 B: 000 . 0 C: 000 . 0 WHR READING: 00030723 DEMAND READING: 0095.84 TEST TYPE: CO CAN/ENTER REGISTER/EDR #: 000000000 REG/EDR TYPE/CLASS CODE MRS: CAN/ENTER DEMAND MODULE #: 000000000 MODULE TYPE/CLASS CODE MRS: WHR/PULSE: 0000 . 000000 PULSE INITIATOR: PULSE WIRE: 0 ROBLEM IND: TAMPERED(Y/N): DEFECTIVE (Y/N): HANDS.BROKEN (Y/N): CREEP (Y/N): INDETERMINATE (Y/N): NOT REGISTERING(Y/N): SEALS: COVER: NONE MODULE: OTE CHECK TESTED (Y/N) : DELETE TEST (Y/N): 0 RETIRE, ENTER RETIREMENT CODE: ACCEPT TEST DATA(Y/N): Fl/13 PREV SCREEN PF2/14 - TEST MENU PF3/15 -MAIN MENU PF4/16 -EMPTY SCREEN FS/17 - TEST REG. PF6/18 - CUST.INFO.PF7/19 -PREV TEST PF8/20 NEXT TEST F9/21 - SAMPLE TEST REPORT PFl0/22 - FIRST TEST PFll/23 - LAST TEST 2900 LATEST TEST DATA DISPLAYED * EXHIBIT 9 10/9/2015 Retai I Access start page Tension Trip Stratum ~.AP Residential I LBMP J Recharge New I Code Number Variable ~ .. J % LZone York .__J LL :JGJL=978 Jl~l_0_J~J[_- ~J8 j_~~Ei~s Account Numb-er 1§~~ Monthly ~:ma~-~]li~.~ co~~l.:~ofi~[=~~~~[;~~il r 9 IL._~0000000000000 ___ IL____ 348 11 50 ICDl~~~~~:JLJ ~~;~,8:75:J / F~om -0;·~[!~-Da~LiJ-~e II Reading /I KVARS II Demand /j Bill Amt I I 9/1/2015 J~111201s II 11s20011 ACT JL o.o°.J[ ~~3.so]~?,331 .. ~ L8/31201s 11 9111201s )I 1s4000J[ ACT JL...... o.ogJJ ... "" 3_48:~~[~-~~g-~~]-~ l__ ?i21~?.-~~JL~gj~015.J~?~400 lL ACT [ ?~L- 343,~l$17,5~o.9s ! [_6/3/2~-~s..Jl!!~~~~~]@..9~1 ACT II o.oo][_ 31~~1$27,748.51 J I 51412015__ ]~.~3120~! 14300011 EST IL ___~_:..?..?J ...... -~~.2~J1_~2~2.~ 1.2_~] [ 4/3/2015 11 s1412~l 1264oo ii_ ~~-T ... JL~~oo]I 233.20 ]!$20,35?_:~~ [ __ 31512015 JI 4131201s JIT~4~-?~Jl __ ~9r_IL_2J@[_~@lf£?,202.~~J l. 2/3/~0~_?_J[_~/5/~~~-?J 1280?~L EST' JL o.ooll 248.oo ll£l_ 1,oos. n] 1~2:_120 ~~Jt_2~~~:~:.. ?_t~~I EST IL -~).()O ][__ 248.0_0 !~7,288:6~ j 12/1112o~l 1121201s j[}96ooJ[_ __ ~c.T_._J[_ o.~~I 256.oo j~B,~.~-5-~27,J data:textihtm I ;charset=: utf-8, %3Ctabl e%20cellspaci ng%3D %220%22%20cell paddi ng%3D %220%22%20border%3D %220%22%20style%3D %22font-fam ily%3... 1/1 EXHIBIT 10 3/5/2013 4/3/2013 136.0 72.30% 68,436.29 $5,333.36 $45,414.37 $40,081.01 4/3/2013 5/2/2013 192.7 72.85% 97,705.84 $8,108.47 $45,478.41 $37,369.94 Mar '13 $601.22 5/2/2013 6/3/2013 206.8 88.15% 140,001.95 $11,013.44 $39,876.76 $28,863.32 Apr '13 $1,161.76 6/3/2013 7/2/2013 204.0 73.31% 104,088.47 $9,305.78 $36,136.77 $26,830.99 May '13 $1,594.71 7/2/2013 8/1/2013 229.5 75.73% 125,136.25 $10,652.21 $36,339.43 $25,687.22 Jun '13 $1,997.18 8/1/2013 8/30/2013 306.0 75.97% 161,793.10 $13,240.28 $30,184.26 $16,943.98 Jul '13 $2,382.49 8/30/2013 10/1/2013 300.3 75.22% 173,480.19 $14,539.35 $30,853.95 $16,314.60 Aug'13 $2,636.65 10/1/2013 12/3/2013 376.8 60.45% 344,396.71 $28,068.52 $107,413.84 $79,345.32 Sep '13 $2,881.37 12/3/2013 1/2/2014 274.8 64.47% 127,557.76 $11,091.99 $88,966.60 $77,874.61 Oct '13 $4,071.55 1/2/2014 2/21/2014 289.0 94.02% 326,061.36 $18,431.83 $146,211.92 $127,780.09 Nov '13 $5,239.66 2/21/2014 3/5/2014 342.8 94.02% 92,822.56 $4,135.88 $39,735.90 $35,600.02 Dec '13 $7,156.37 3/5/2014 3/20/2014 269.2 94.02% 91,116.66 $6,282.94 $51,707.97 $45,425.03 Jan '14 $7,690.37 Total: $140,204.04 $698,320.18 $558,116.14 Feb '14 $8,371.74 Mar '14 $8,497.32 *Taken from subsequent actual Con Edison invoices for comparable period Apr '14 $8,624.78 May '14 $8,754.15 Jun '14 $8,885.46 Jul '14 $9,018.74 Aug '14 $9,154.02 Sep'14 $9,291.34 Oct '14 $9,430.71 Nov '14 $9,572.17 Dec '14 $9,715.75 Jan '15 $9,861.48 Feb '15 $10,009.41 Mar '15 $10,159.55 Apr '15 $10,311.94 May '15 $10,466.62 Jun '15 $10,623.62 Jul '15 $10,782.97 Aug'15 $10,944.72 Sep'15 $11,108.89 Oct '15 $11,275.52 Nov '15 $11,444.66 Dec'15 $11,616.33 Jan '16 $11,790.57 Feb '16 $11,967.43 Mar '16 $12,146.94 Total: $301,240.13 EXHIBIT 11 con Edison PSC CASE# 440805 UTILITY CODE: 1002 Date of Complaint: 11110114 Response Date: 1214114 Customer Name: Astir Prop Holding NV Address: 166 Broadway Account No: 49-4011-1152-0001-6 Part Supplied: ENT Previous No: TYPE OF COMPLAINT: Hotline ( ) Credit () High Bill () Billing ( ) Service () Inquiry ( ) RE Opener ( ) Additional Info ( ) Appeal Directive () Executive Correspondence (x) Other ( ) Explain: responsible For Customer Contact: Sensitive Communications Date Customer Contacted: Time Customer Contacted: Customer Contact Not Required () CUSTOMER CONTACTED BY: Name of Employee: Jeremy Feliciano Employee Telephone No: HOTLINE RESPONSE REQUIRED: YES () NO ( x) Attn PSC Representative: In response to the PSC complaint, we have prepared the following response. The rate consultant's position is that the customer has been overcharged based on the customer's equipment versus the consumption. Please be advised, this meter was tested and found to be recording accurately (see attached results). We disagree with their position. The meter is capable of recording four times the consumption. As the bills are based on actual consumption, we find the account to be billed properly. CONTACT RESOLVED: YES () NO () NOT APPLICABLE ( ) '7nvn---rr tZ-/J~-~~-- - Completed by: ~u;.,,.1~ J t:UC«-UW Approved by: EMPLOYEE'S SIGNATURE SUPERVISOR'S SIGNATURE Processing Organization: Central Processing Group Fax Number: Speed Dial ge: 1 Document Nome: 11ntitlcd Mf'l'MT 11/14/14 l.2: 1B:1.5 C/.\N Bll.P CODS: TV00061.:J.98333Ql\l1 OH ENTER KEY INF,~G1U-1hTION BEJ,OW ETER # : 006498333 COMPANY PREFIX: CTlHM TYPE: KV MFR: GE EST DJ\.TP,; 1 ! I 13 / 14 TIME: 12 : ·1 1l EMP. NUM ; 1·1:ns SUPEFVISOR #: EST BOARD: 012201 REG.RATIO: 0000 Q[) I 00 DlAL MULT.: 00001 TEST REQ: El\\}'{ LOAD: 099 ~ 8 LIGHT LO!\D: 099 9 FINJ\.L AVERT':.GE : 099 ~ 8 TNl'OR.Bl\LH.L.: l1: 000. 0 E3; 000. 0 C: OUO 0 'U\TOR OTE CHECK TESTED (Y/NI: DELETE TEST (Y/NI : 0 RETIRE, EN1'ER RE'f IREMEN'l' CODE: ACCEPT TEST DATA(Y/N): Fl/13 - PREV SCREEN PF2/14 - TE:3T' MENU Pf3/15 -MAIN MENU PF Deposit Amt: $48,695.00 Astir Prop Holding Nv C/O: ATTN: KIRK KIRKMAN 545 E JOHN CARP. 1400 IRVIN, TX 75062 Dear Customer: The statement of your charges and credits that you requested is detailed below: ·. . l'LECTRIC Gi\S .. . ·. - OU1er . Con EdisQn ESCO Total qharge~_j A EXHIBIT 12 1. con!Edison Consolidated Edison Company of New York, Inc Cooper Station, PO Box 138, New York, NY 10276-0_138 Acct# 494011-: 1152:..0001-6 January 16, 2015 Astir Prop Holding NV Attn: Mr. Kirk Kirkman 545 E John Carp. 1400 Irvin, TX 75062 . Dear Mr. Kirkman: On August 12, 2014, our inspectorsfound that you were not billed for all the electricity · you w~re using due to a shunt condition; this condition was_ corrected oh that date. · We have reviewed your account and determined that you wer~ not billed for all the service used from February 21, 2014 to Augu~t 12, 2014, when the condition was not corrected. We have _prepared the _enclosed bill in compliance with the applicable regulation (16NYCRR Part 13,9). This bill in the amount of $6,496.99 is based on amps taken at time of the investigation. Thls bill is· for delivery and transportation only, your energy provider will bill you for the commodity. Any payments you made for bills issued during this period remain cred,ited to your . account. The total amount due on your accouf1t is· $282.518.62 which includes your current balance of $276,021..63. If you have any questions, concerning this bill or would like to arrange for installment payments, please call me at.(718-802-5794) between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. IMPORTANT NOTICE .CON EDISON RESERVES THE RIGHT TO REVISE THIS BILL UPWARD OR DOWNWARD PENDING ANY FURTHER INFORMATION AND/OR THE DISCOVERY OF NEW INFORMATION. Very tryl¥ yoor9' /~/' ~·~~~~~- / \. . />·~-..,& Mr.Robert To es Senior Customer Service Representative Enc. ASTIR PROP HOLDING NV $282,518.62 ATTN: MR. KIRK KIRKMAN I 545 E JOHN CARP. 1400 IRVING, TX 75062 JAFSTATION P.O. BOX 1702 NEW YORK, NY 10116-1702 494011-1152-0001-6 . UNMETERED SERVICE BILL Unmetered Service Tele: . 718-802-5794 · 494011-1152-0001-6 Re: 166 BROADWAY ENT U nmetered Service Bill Statement ELECTRIC USAGE ELECTRIC SERVICE: 9 TO DATE: 8/12/2014 SUMMARY FROM·DATE:· 2/21/2014 Previous Balance: $ 216,021.63 KWHRS: 23,076 Unmetered Service: $ 6,496.99 DMD: 0 Late Payment Charge: $ Service Fee; $ Less Payment(s) or $ . Credit(s) Total Amount Due: $282,518.62 Service Address: 166 BROADWAY ENT Account Number: 494011-1152-0001~6 .~ ___-..,. (§ . "' con Edison Custoiner Operations Data ShMt'\'$f Aeeount : ATRA: Name; ASTIR PROP HOLDING NV Beginning AR Balance: 0.00 Address: 166 BROADWAY ENT From/To Date: 02/21/2014- 08/12/2014 Account Number: 49-4011-1152-0001 Method of Calculation; Amps found flat SC: 9 Cons Date 01/07/15 cons 0001341 Dmd 00015.60 Service; ELECTRIC Seasonality • N Tax: p Service Class Override; N Westch Muni.: 0 % Residtl Use: 0 Gas Thertn Zone: O Reading T E 0 R Original Additional Revised Original Additional Revised . Original Revised Total KWHR Demand Date X Days 'SC SC KWHR KWHR KWHR Demand Demand Demand .Bill Bill Difference Bill Diff Oiff 08/12/14 F 11 9 0 39200 1476 40676 272.00 15.60 287.60 15108.24 15132.23 23.99 6496.99 1476 15.60 08/01'/14 F 30 9 .o 46400 4025. 50425 216.00 "15.60 231.60 39765.96 39792.. 66 26.70 6473.00 4025 - 15.60 07/02/14 F 29 9 0 44800 . 3891 48691 216.00 . 15.60 231.60. 38411.22 38434.54 23.32 6446.30 3891 15.60 06103114 F 32 9 0 49600 4293 53893 216.00 15.60 231.60 34561.41 34608.74 47.33 642~98 4293 15.60 05/02/14 F. 43 9 0 128800 5769 134569 320,00 15.60 '33,5.60 38155.20 44158.00 6002.80 6375.65 5769 15.60 03/20/14 F 15 9 . 0 304800 2012 306812 ' 4208.00 15,60 4223.60 51'707.97 51936.66 228.69 372.85 2012 15.60 . 03/05/1.4 F 12 9 0 739200 1610 740810 3640.00 15.60 3655.60 39.735.90 39880.06· 144.16 . 144.16 1610 15.60 02/21/14 TOTALS ·172 1,352,800 23,076 1,375,876 9,088.00 109.20 9,197.20 $257,445.90 $263;942.89 $6,496.99 $6,496.99 23,076 109.20 i oft .. PROPERTY PROTECTION FIELD INSt=>ECTION REPORT con Edison CASE NUMBER ·'---1 _1_6-=-&~-_~-· ____,_· _;;;_. ~-· -"--,d--'-~~__.l I ~r i!t/-G'-1-0t J~ l/{2."0\..."tj~---1~--- ADDREss PARTSUPPLIED ACCOUNTNUMBER MUNI l HIGH~Af b/t.'fet_ l~~l ffiO-t II &t«t'f~3~ 11 ~cre II L-0-U-S-TO-M-ER_N_A_M_E ______, E/G SC METER PREFIX METER NUMBER CONSTANT '--S-IZ-E--T-YP_E_ ___, ~I~~-~~'@~~~~___.II~~~~ METER LOCATION ACCESS INSTRUCTIONS TOWN I ~ IL.t.t.fi l 1 t~f NO METER GAS METER SOCKET-DMD SOCKET NON-DMD . SOT FED DMD BOT FED NON-DMD CT METER I NON I I GAS.I I soMj' . I SND l I BFO I I SFN I ~ l.OCK·SEA!-S METER COVER TERM. CHAMBER . T.C.o. . CT.·CABINIIT SERV. SWITCH SOCKET EQUIP; 7 JAW EQUIP. GAS.GAP VALVE PillG POUND LEFT TYPE OF LOCK TYPE OF SEAL .TYPE OF BUSINESS-RESIDENCE (SEE BELOW} . COMMERCIAL ~ RESIDENTIAL ~ THEFT OF SERVJCE SUSPECT THEFT DIVERSION OF SERVICE IRA. METEtl CONDITION NO THEFT ~ . l SUS I loosJ [£]@] ~ I NOS I NOTE SPECIFIC CONDITION OBSERVED CONFlRMED THEFT (11 SUSI'ECTED DIVERSION OF SVC (D) . !~REGULAR ME1ER GONDlTlON (0 NOTHEFT{N) E Reversed Leads ITJ Jaws Spread fill Forged Seal III Adequate Wire III Damaged Meter [!] New Meter Set ~ Jumper ill Shunt Device §I Tampered Seal w Cust·to·Custihaft [fil Exchang'ed Meter [I] Company Bypass a Potential Wire 0 Heel/Toe Switch @] Scratches/Bums 0 Temp. Co. Line 0 Dial Eccentrio IIJ Cont. of Service : Potential Clip (TI Meter Switch §] Locking Device ill Damageq Equip. ill Meter Defeotlve 0 Customer Wiring A Inverted Meter 0 Gas Valve/Bypass ~ Other (see over) 0 Other · 0 Other 0 No Improper Oond. 1-L.i.-N:..:.e:..:u=tr=al:..:.·___ _,[!]""s"'--_occ..th_er:.,.,(:..:se:.::e...::o.c..ve...::r,_) --"-'=!....J Was Condition Corrected Yes .f!t No ill t Pot. Wire/Clip 0 Dial Hand @I Was Rotation Test Completed · .J;Br ill If yes to any of these questions. ~ Adjust. Screw ill U.O. Reconnect ~ Was Amprobe Test Taken · .@' I!]. lnfonnation must be noted on back. a Gears Tampered III Jewel · ~ . Was Load Calculated -.H'.r ill 1--R~o_.i_sk_T_am_p_er_e_d_~~= 10~·_O_th_er~~--~§j=-if-----S-C_A_L_E_F_O_R_TY_P_E_O_F_l_O_C~K;::__...:;:;;:;;;.._,_~--S-C_A_LE_F_O_R_TYP_E_O_F_S_EA_L ___ --l service Found on .ffOff D Condition Entry Condition Entry Condition Entry Condition· Entry Service Left on ..Ja""Off D No Look 0 Lollipop 5 No Seal o Plastic Padlock 4 Barrel (Morse) i Swivel l'i B.T: 1 Paper 5 TOS Evjdence Obtained Yes No · Steel Ring 2 Steel Plate 7 Lead 0th. D D 2 6 TOS UNL Yes 0 No D Mattison 3 Glass/Plastic Plate B er Power Safe 4 Other 9 Metal Padlock 3 liJ SCALE FOR TYPE OF BUSINESS OR RESIDENCE )> 2629 Appliance R~pair 7216 Dry Cleaner 7832 Movie 'fheatres 0025 Master Meters ..,.~ Funeral Parlor ·5511 and!or "'1 DATE RECEIVED . 7532. Auto Body Shop 7261 New Used Car 0026 Public Light & Power :0 54 f' . ' PROPERTY PROTECTION FIELD INSPECTION REPORT conEqison . . f:f:" I .t 4.¢. DATE jffj'l:z.~ KW~Roaj$~~~DMDFD!~PM~LFTIJ1if~GASRDGJ~ ~...... ! TlMEARR'j /6 jr1MELEFTL!!_::r DATE I LA RDG ]._ _ ___, DAYs I j 01FFERENoe I I 111_uLr1PL~sv I I - i Lease Info; Effective Date"--: ______Leasee:_·------'-----~--~------ Uquor License #' Issue Date:.______Expiration Date~:------ Business License#: . Issue Date:~------Health Certificate#: Issue Date:,______.Business days/hdurs of operation;,__ ___.,...... ~------'-- Any changes to days/hours of operation during occupanc..,_.y?.___ __ If yes, explain:,______ NOTE ROTATION TEST, AMPROBE READING, AND LOf:\D AT CALL Rotation Test A) Second? per revolution with theft of service !,___,_ _ _,___, Amprobe Reading: Left Phase I· l · )3) ~econds per revolution aft~r correction !'--~~~ · Genter!~~-~~I · {A-B)/A =Pero~nt of unmetered service!.____,_ _ _,___, Right Phase J l · Load at Total Amps x.120"' . KW Call Calculation: Non GT Meters · CT Meters __--0------,------Mtr KH.x 3.6 +seconds per rev= KW Load at calf CT Radio Quotient x Mfr KH x 3.6 +seconds per rev= KW Load at call ~-X3.6+ == X X3.6+ ____ . ACCOUNT STATUS Efeotrlc D Active 0 Inactive Gas 0 Active D Inactive Notes 0 Pend. TIO D T.O.N:P. 0 Pen<;!. TIO D T.O.N.P. Lar:KW DMD Date Lar: Date Lar:KW DMD Date Lar: Date Lat; KW DMD Di;te Lar: Date Soreenedby Date By Date By_~Date ... Inspection Report Supplementary Sheet p.~ t:1-+evl4 L~ ~tH:., kftstt-S ~ ~ t·N ~t.'!A4 .)-0-f§;> · L~ tsf'¥. L-kt-L e~i-f:rl..f G-e-A.l~t.t. if'i.:ft:> ~--/f)t :5 bJ-U.J..tf,S Of Pt..-->H!_t::i ;,a.~ It~~ L~i:,,.b tAte ~4-%> Urir:l) L~.t:, l'SIJ 4t-L ~e_..u~ii.f~ ~J»Lif'tPi W-:,;f)J ~N.-il.Aif$ ~V!d-/J ~ ~ ~Mt(; Cf,$ ?c ~.. Li.¢/i>/""' C,6-#i»fJtrlJ' t.i!rt.LtfZ.f~ w 1f'Af· ~~ f..t·tN'e<. AP1JC lJ..I n_~y:-. re /./ef.w~.Lt..iiPMe-NT ..... u..~~4..L~ ~ UN~L~ t6ft. u. t- P J..t.t;.A.tf; Lt!:PF uercf(, 4 ~ u i. p Kti-Nf M J!2&t.J._At/j OS-3$67/06 C~S Account History Page I of·l ****************************************************************************** * ACCOUNT CSR INFORMATION * * 49-4011-1152-0001 * ****************************************************************************** ACCT .REP- JASON MCNOLTY 201 EMPLOYEE NO- 13728 TELEPHONE NO- 212-7S0-6741 .FUNCTIONAL AREA- 85 CORP CUSTOMER GRP n· * * * * LISTED ORDERS * * * * RETIRED REFER~L TYPE RIC DEPT ·MAC CNTRL# 44013506131 INPT EHP# 13728 INPT DTE 011314 APP EMP# 00000 REMARKS: .**MANUAL INSPECTION COMP.DTE 022114 COMP CODE COMA COMP EMP# 55528 FLD.CFR 00000, FLO DTE NONE AUTO CANC ACTION: MECH#03886,FOUND & LEFT WATTHOUR DEM.METER REGISTERING PRbPERLY,KWHR=28643, DF=77. 21, DL=80. 63. DEM. OF 2-21-.14 CORRECT r METER .. IN SHADED AREA ADEQUATE WIRING. REFERBK ACTION: NONE ****************************************************************************** * END·oF ACCOUNT * . * .49-4011-1152-0001 * ****************************~************************************************* http://l 58.57 251.30:3024/cics/cwah/cwaha004 1012912014 / EXHIBIT 13 Kevin Clancy President I CEO KOC Consulting LLC 25 Symphony Dr Franklin MA 02038 [email protected] 508-451-8678 On Aug 12, 2014, at 10:10 AM, "Jay Raphaelson" Just in case property protection decides to play tough and threaten to shut down service, make sure to tell them that there is a PSC case pending - #423841. If there are any issues, my cell is 917-699-5055. From: Kevin Clancy [mailto:[email protected]] Sent: Tuesday, August 12, 2014 10:04 AM To: Peter Athenson Cc: Bay City Metering; Jay Raphaelson; Rondulph; Moe; Work Anthony Gironta; [email protected]; [email protected] Subject: Re: 170 Broadway New CT's installed The guy that is here is from the inspection division (Joe Cinterelli) he said that the CT's still have the jumpers installed that is why there is such a drop in the usage from approx 3/8/14. Because the jumpers are there I He said the meter is only registering approx 55% of our current usage. The ConEd property protection division is on there way here to make the corrections to the CT's by removing the jumpers. Joe also said the the rep from Con Ed on this project apparently missed a step during this process whereas he would have put us on a flat fee while we were waiting for the new permanent meter was going to be installed. Joe also said that our electrician was apparently just trying to do the right thing when they installed the new CT's. More to follow after the PP division people from Con Ed come. Kevin Clancy President & CEO KOC consulting LLC 25 Symphony Dr. Franklin, MA 02038 508-451-8678 [email protected] On Aug 12, 2014, at 9:45 AM, "Peter Athenson" Keep in mind that our contractor installed the new CT's - not necessarily requested by Con Ed at the time Moe/ Rondulph - isn't that true -you guys requested the new CT's or did Con Ed ask you to install them? HIGHGATE HOTELS 2