Citizen's Advocate Network

04/20/2017

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09/24/2015

By MATT DOTRAY
A-J MEDIA

Lubbock Power & Light will seek to join the Electric Reliability Council of Texas (ERCOT) in 2019 when its contract with Xcel Energy expires, Lubbock Power & Light spokesman Matt Rose said.

This move, which has been coined the “2019 decision,” will place the city of Lubbock on the same grid as most of Texas. The decision was approved by the Public Utility Commission of Texas Thursday morning and will be announced during an open work session on Thursday afternoon.

LP&L will now complete a feasibility study that will also need to get approval from the PUC.

ERCOT manages the flow of about 85 percent of the electricity in Texas. It is governed by a board of directors and is subject to oversight by the Public Utility Commission of Texas and the Texas Legislature, according to its website.

Lubbock is currently in the Southwest Power Pool, which is mandated by the Federal Energy Regulatory Commission.

The move, according to LP&L, will be beneficial in several ways:

It will eliminate the need to build an expensive power plant that would have cost about $700 million, which was one of their options. LP&L has the three generator stations, but because they’re getting relatively small and old (and to be on the safe side), are projected long-term to produce about 110 MW a year. They are currently only used when requested by the southwest Power Pool and put on the grid.

It will give LP&L the option to shop in a closer and better connected market. According to LP&L, ERCOT will give them access to 550 generation units and over 1,000 active markets. Lubbock was locked into a wholesale contract with Xcel energy for 15 years. They Matt Rose, LP&L spokesperson, said they will now look to get into smaller, maybe three to five year contracts, to get the needed power.

Joining ERCOT will also give them access to a more diverse energy portfolio with Texas-based power plants. Rose said this is especially important as they’d like to see more of their energy come from wind.

It also simplifies the regulatory environment as ERCOT is not regulated by the federal government and connects them with Texas.

Looking ahead, Rose said they will now complete and submit a transition study to determine how to better connect. That will take about a year and then they’ll begin to build transmission lines to connect with the ERCOT grid, which is as close as Crosby County to the east, Dawson County to the south and Swisher County to the north.

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Lubbock Power & Light will seek to join the Electric Reliability Council of Texas (ERCOT) in 2019 when its contract with Xcel Energy expires, Lubbock Power & Light spokesman Matt Rose said.

09/24/2015

By James Clark
Published 09/22 2015 09:37PM
Updated 09/22 2015 10:14PM
LUBBOCK, TX
The City of Lubbock on Tuesday released public records related to a June 1 incident between Mayor Glen Robertson and Daniel Gonzalez, 47. Those records include an indication that the City Manager was not happy with LPD's decision-making.

Gonzalez claimed the mayor pointed a gun at him. The mayor in turn accused Gonzalez of acting in a threatening way at 833 East 40th Street. Police responded. Both men said they wanted to go their separate ways. Seemingly that was the end of it.

But once Gonzalez left, police called him back. Gonzalez was nearly out of town on his way to his next stop as a truck driver when police came to him and took him to the police department.

Because of KLBK’s coverage of the event a few days later, City Manager James Loomis demanded answers from then Police Chief Roger Ellis in an email.

Loomis was concerned after seeing video of Gonzalez in which Gonzalez said he wanted to drop the matter but police told him he needed to provide an official statement anyway.

Ultimately the matter was turned over to Texas Rangers and charges were dropped.

Loomis wrote to Ellis, “It appears there is some degree of questionable behavior and/or judgment in the department you are responsible for managing.”

“Right now I am under the impression the department may need to be investigated by a competent outside agency,” Loomis also wrote. “If you do not satisfy me with your answers to the above questions, that will happen.”
Ellis defended the decisions of LPD administration by saying, “The Lubbock Police Department and the City of Lubbock was [sic] in a ‘catch 22.’”

Ellis said the choices were to “Investigate the case and present the case to the Criminal District Attorney’s Office and appear as we were ‘attempting to unjustly prosecute the Mayor.’ Or, not investigate the incident or allow the victim to decline to prosecute and appear to be ‘covering up’ the indecent.”
Ellis also said some of the officers involved were known for good decision making and he referred to one of the officers as his “best-of-the-best.”
Ellis didn’t have one huge problem. He had two.

Within days of the June 1 incident between the Mayor and Gonzalez, police would come under public scrutiny again for a completely different case.
Sources said police paid Christian Castro, a person of interest in the murder of Mark Ysasaga, $10,000 for information leading to the location of Ysasaga’s body on June 6. A combination of public records and social media statements seemed to corroborate the claim.

A few weeks later, as part of the Ysasaga case, EverythingLubbock.com and KLBK confronted the City Manager in writing that a police report had been deleted instead of turned over in an open records request which is a violation of the Texas Municipal Code. One day after that complaint, June 26, the City Manager demoted Ellis from Chief to Captain
Ellis chose to retire rather than serve in the lower rank. A new Police Chief was named in August.

The city objected to releasing the exchange between Loomis and Ellis. Only after an order from the office of Attorney General did the city release the records on Tuesday.

The City of Lubbock on Tuesday released public records related to a June 1 incident between Mayor Glen Robertson and Daniel Gonzalez, 47. Those records include an indication that the City Manager was not happy with LPD's decision-making.

08/25/2015

By MATT DOTRAY
A-J MEDIA



Mayor Glen Robertson offered some details on Monday about recent concerns with the Lubbock Police Department.

But he said “patience is the best answer at this point” to what he acknowledged are unanswered questions and issues with the department, in a statement released by the city Monday morning.

The full statement is below:

“Now that we are reaching the end of a very long and tedious process, I felt like I needed to address some of the concerns that have been expressed by the public during the last few months. There has been a lot of interest and speculation about events that have occurred within our police department. I will attempt to address these issues to the extent that I have good information and that I am free to speak without causing unnecessary problems for innocent employees or harm the city’s position in potential litigation.

“Our city manager informed the City Council that he was going to make a change in the chief of police and simply indicated that there were numerous reasons for his decision. He did not go into detail but said that law enforcement has been undergoing a lot of change and coupled with other issues, he just felt that it was in the public’s best interest to change direction at the top.

“He stressed that Roger Ellis is a good man, a good police officer and that the change was not because of any one incident but that he and Roger had visited and the decision was made to change direction. Our City Charter gives this authority to the City Manager and it is his decision alone.

“Mr. Loomis has refused to discuss this personnel change publicly out of his respect for Roger Ellis and his strong belief that it is unprofessional to discuss these types of matters publicly. I understand that this is an extremely high profile position and that the public would like more information, however Mr. Loomis is staying true to his word and I respect that.

“He has still not informed City Council of the specific reasons behind his decision and I do not anticipate that changing. I will take this opportunity to thank Roger Ellis for his years of dedicated service to our city and I wish him the best of luck in his retirement.

“Mr. Loomis appointed Jerry Brewer as interim chief and Chief Brewer stepped into the role and literally held things together as we faced numerous issues and controversies. I cannot thank Chief Brewer enough for stepping in and handling these issues professionally and calmly.

“There were questions regarding the handling of a murder case and we as council members were made aware that there were numerous investigations underway. We were also notified that the Department of Justice had served notice of a lawsuit regarding our police department hiring practices.

“On top of these problems, we had an officer seriously injured in an arrest attempt. The dash cam video of this incident was released and created another firestorm.

“Chief Brewer initiated an internal investigation into the incident and it is my belief that the investigation is still ongoing. When we as elected officials are aware of multiple investigations and possible litigation against the City of Lubbock, we have to be very careful about our public comments. We cannot legally do or say anything to interfere with an investigation, whether internal or external, and comments regarding issues that may be litigated could potentially harm our citizens and hurt our legal defense.

“Chief Brewer has performed admirably in the interim role and I believe that we owe him a debt of gratitude for leading us through the last few months.

“Mr. Loomis has announced that he is appointing Greg Stevens as the new chief of police pending City Council confirmation. I wholeheartedly endorse this appointment and I am confident that Chief Stevens will lead the city of Lubbock Police Department in a new and positive direction for years to come.

“Chief Stevens brings extensive military and law enforcement experience to the job and understands the importance of communication with the media and the public. I agree with Mr. Loomis’s decision to move forward quickly and closing the application process early. When your top candidate is being pursued aggressively by other departments and has been announced as a finalist in a larger city, it is time to act and move forward.

“I am aware that there are still many unanswered questions regarding the Lubbock Police Department and the issues surrounding it, but patience is the best answer at this point. There is still at least one current investigation ongoing and we are likely to be involved in litigation on numerous fronts. I am encouraging everyone to allow the investigative and legal process to proceed and wait until all of the facts are in before passing judgement.

“I am confident that with the new leadership provided by Chief Stevens that the city of Lubbock Police Department will continue to be one of the finest law enforcement agencies in the nation. I am proud of our men and women that strive to keep our great city safe and secure as our world continues to change rapidly. I look forward to working with Chief Stevens and hope that the entire city will join me in offering complete support and positive encouragement as he starts leading this department forward.”

Mayor says still at least one ongoing investigation within department

08/14/2015

The Bail Trap

Every year, thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.

CLICK below to get the whole story...

Every year, thousands of innocent people are sent to jail only because they can’t afford to post bail, putting them at risk of losing their jobs, custody of their children — even their lives.

08/14/2015

By MATT DOTRAY
A-J MEDIA
The Lubbock City Council had planned on meeting Thursday afternoon in a public work session to continue its discussion about changing the stormwater rate structure.
City staff and stormwater consultants were going to present alternative models as requested by the council at the last work session.
That did not happen because of what Mayor Glen Robertson called a “frivolous lawsuit.”
As previously reported, a lawsuit was filed against the city of Lubbock just a few weeks ago for what the plaintiff says to be illegal action in the city’s stormwater collections.
John Beck, president of Beck Steel, Inc., claims the city is overcharging for stormwater drainage and transferring the funds for uses not authorized by the Texas Local Government Code.
Citing this year’s budget, Beck’s petition states that with the stormwater rates, the city is paying $9.4 million to debt service, $5.3 million to transfer to the debt service fund and transferring almost $293,000 to the general fund. The petition goes on to say none of that roughly $15 million in revenue from drainage charges is being used to pay for the debt service, reserve requirements, equipment, facilities or obligations for stormwater like the government code requires.
A-J Media was told Wednesday the lawsuit was not going to prevent the discussion, but when the council convened, Robertson said it is not prudent or wise for the council to discuss the issue until they got advice from their legal department. They went into an executive session, still unsure about whether or not the open discussion would take place.
The council returned about an hour later and Robertson said the council decided that it’s in the taxpayers’ best interest to not handle this issue at the this time.
“We are handcuffed by this frivolous lawsuit,” he said. “It’s going to keep us from being able to do our job as a council. I’m extremely frustrated about where we’re at and the fact that we’re going to have to let this litigation run its course and be resolved before we can do our job as elected officials.”
He went on to say: “We’re going to let this play out in the courts where Mr. Beck has demanded it be played out.”
A-J Media spoke with Attorney Terry Salazar, who is representing Beck, to get his thoughts on the action of the council. Salazar disagreed with a few comments made by the mayor.
He said they made sure to not include a temporary restraining order or a preliminary injunction to make sure the city could continue their work on the rate model. Because of that, he said they should not be handcuffed by the lawsuit.
He also said the lawsuit does not mention the rates, thus arguing that, too, should not prevent the discussions as needed.
“The lawsuit is not about the rate model,” Salazar said. “It has to do with the city’s budgetary practices in regards to the stormwater drainage revenue and the fact that they’re over charging and using millions of dollars of drainage revenues for improper purposes.”
He went on to say the issues being addressed in the lawsuit go back further than the new rate model.

The Lubbock City Council had planned on meeting Thursday afternoon in a public work session to continue its discussion about changing the stormwater rate structure.

08/11/2015

LUBBOCK, TX

The City of Lubbock Electric Utility Board rejected all bids for a major power supply contract. It was related to a bid process that led to allegations that Lubbock Power & Light engaged in bid rigging.

Former Lubbock Power and Light Director Gary Zheng was cleared of bid rigging, but the bids themselves were not cleared. Ultimately, Zheng lost his job and LP&L settled out-of-court with him. After Zheng left a new bid process was started.

LP&L’s contract with Xcel Energy for wholesale electricity runs out in the spring of 2019. The bids are for a replacement which might come in the form of another wholesale contract or a new power plant.

The deadline is now less than four years away.

“Today the Electric Utility Board has decided to pull down the Capacity and Energy Supply Services RFP,” said Greg Taylor, Electric Utility Board Chairman.

Taylor also said, “Through months of discussions with respondents to the RFP, it was determined that the proposals submitted provided a diverse set of options. However, they did not provide a complete package to meet the preferred solution.”

LP&L will not start a new bid process. But instead, LP&L will negotiate for a long-term power contract. Further details are not yet available on those negotiations and it might be October before LP&L can release those details.

KLBK’s Monica Yantosh is working to get more information on the decision and what it means for LP&L customers. The EUB released the following statement Tuesday morning:

LP&L's board and management team is utilizing the following goals to guide the 2019 Solution project:

Goal 1: Provide predictable and stable pricing for our customers
Goal 2: Enhance flexibility and diversification of our energy supply while conserving local water resources
Goal 3: Limit the issuance of additional debt — debt sensitive
Goal 4: Maximize LP&L's existing generation assets
Goal 5: Achieve a simplified regulatory environment

The Capacity and Energy Supply Services RFP produced many strong proposals to provide LP&L with power beyond the expiration of the current power contract in 2019. LP&L appreciates the work done by respondents to the RFP in providing a diverse set of options for our consideration. LP&L's outside consultant performed a detailed production cost model analysis of all proposals. The RFP evaluation team then identified a preferred solution that would provide the most affordable option for LP&L consumers going forward.

"Today the Electric Utility Board has decided to pull down the Capacity and Energy Supply Services RFP," said Greg Taylor, Electric Utility Board Chairman. "Through months of discussions with respondents to the RFP, it was determined that the proposals submitted provided a diverse set of options. However, they did not provide a complete package to meet the preferred solution. While working through the process of evaluating the RFP it became clear to all involved that there are strong options available we would like to pursue that were not fully covered in the responses to the RFP. In order to legally pursue these options we must pull down the RFP."

This is an extremely important decision for LP&L customers. LP&L anticipates that additional information will be released by October.

"We want our customers to know that we are in the final phase of what has been a collaborative effort by LP&L staff, Electric Utility Board and City Council," said David McCalla, LP&L Director of Electric Utilities. "We appreciate the public's patience as we work through this process. We are confident that result of this project will be of great benefit to our customers for years to come."

The City of Lubbock Electric Utility Board rejected all bids for a major power supply contract – the same bid process that led to allegations that Lubbock Power & Light engaged in bid rigging.

08/08/2015

By L. Scott Mann

LUBBOCK, TX (KCBD) -

Documents obtained late Friday by KCBD's Investigates team reveal that an internal audit report performed by Texas Tech claims that the university is owed $2,848,260 by Lubbock Power & Light.

The report was presented to the Texas Tech Board of Regents in closed session this week.

The audit describes a dispute revolving around an annual price adjustment called for in the contract between the two entities. The contract contains a provision to compare the price Texas Tech paid during each fiscal year to the average price that LP&L charged its large commercial customers under its rate structure.

According to the report, that group, called Rate 16, has changed in the years since the 2005 contract was put in place. The rate class originally included only 45 customers, but grew to include over 3,500 customers by 2011. Tech's assertion is that the group is no longer representative of the original customer group anticipated by the contract.

Tech's audit report claims "this expansion had the effect of significantly raising the average price per kilowatt hour for the rate class." It further claims that had the annual price adjustment been based on the average paid by the members of the rate class in years 2010 through 2014, then the total adjustment (refund) would have been $2,906,449 instead of the $58,189 adjustment made by LP&L.

KCBD asked LP&L for a comment on the audit and received this statement from spokesman Matthew Rose:

The power contract between Texas Tech University and Lubbock Power & Light (LP&L) establishes the manner by which electric service is provided and billed to Texas Tech from the City of Lubbock's municipal electric provider. Texas Tech, the City, and LP&L have operated under this contract for the past 11 years and all parties allowed the contract to automatically renew in July 2014 for an additional five year term.

Shortly after the renewal of the contract, Texas Tech University initiated an audit as authorized by contract terms. LP&L is fully aware of the internal audit conducted and has worked with Texas Tech staff providing all requested information necessary for the University to complete their work. There are ongoing discussions between Texas Tech University, the City, and LP&L as it relates to one specific aspect of the contract but we are confident a mutual agreement will be reached in the near term.

Texas Tech University plays a vital role in our community and LP&L is committed to maintaining a strong relationship with Texas Tech for many years to come.

Texas Tech released a statement from Chancellor Duncan which said:

"We have been working together with representatives of the city and LP&L to find the best solution possible for both parties. We appreciate their commitment to work with us, and we look forward to continued discussion and a final resolution."


Copyright 2015 KCBD. All rights reserved.

Documents obtained late Friday by KCBD's Investigates team reveal that an internal audit report performed by Texas Tech claims that the university is owed $2,848,260 by Lubbock Power & Light.

08/07/2015

LUBBOCK, TX (KCBD) -

An area charter school says they have spent months trying to resolve a dispute with the city of Lubbock over storm water drainage fees.

Rise Academy Charter School, located on MLK Boulevard near Estacado High School, says they received an automated message on Wednesday saying that their water would be disconnected due to non-payment.

But the school says they are exempt from paying those storm water fees.

We spoke with the director and founder of Rise Academy, Richard Baumgartner, who says he has been trying to resolve this storm water fee issue for several months now.

"We felt, finally, we got this done," Baumgartner said. "It's taken care of, all I have to do is file through with the storm water unit, that shouldn't be a big deal."

Baumgartner says after months of working with the school's attorney and with the City of Lubbock's attorney, Chad Weaver, he received an email from Weaver on July 29.

The email states that Rise Academy, as a charter school, is exempt from drainage charges, and to contact the storm water department to implement the exemption.

Baumgartner says he called the storm water department and sent an email to them, but they kept directing him back to the city attorney's office. He says he felt like he was just getting the runaround.

So when the school paid their LP&L bill, they excluded the storm water fee.

"I simply resorted to non-payment of that portion of the bill, out of frustration, because there was simply no action occurring at that point," Baumgartner said.

City of Lubbock's Director of Public Works, Wood Franklin, says sometime in the past two days, a call was made to LP&L advising them of the exemption for the charter school.

"We, basically, the storm water department call LP&L, and we're the ones… LP&L just processes our billing," Franklin said. "So, we've actually contacted LP&L and it's already been removed from their bill, all the late fees and everything associated with it has already been removed from the bill. Their water is not going to be shut off."

Baumgartner says he is requesting a refund of all storm water fees the school made dating back to January 2015, but Franklin says the city will only refund those fees starting from the appeal date, which he says is June 2.

Franklin says the way the exemption is written, refunds date back to when the exemption is granted.

We spoke with LP&L regarding the disconnection call Rise Academy received.

The power company tells us they only handle the billing services for the city's storm water charges and say they enforce the rules that are already set by the city.

Baumgartner says he did receive a call from LP&L on Thursday morning letting him know that his water will not be shut off.

Copyright 2015 KCBD. All rights reserved.

An area charter school says they have spent months trying to resolve a dispute with the city of Lubbock over storm water drainage fees.

07/30/2015

By GABRIEL MONTE
A-J MEDIA

A 47-year-old Arlington truck driver who told police in June that Lubbock’s mayor drew a gun on him for no reason said Thursday he has no plans to pursue the case any further after no charges resulted from the investigation.

Texas Department of Public Safety officials released a Texas Ranger’s report on his investigation into a June 1 aggravated assault complaint levied against Mayor Glen Robertson.

The report, which was requested by the Avalanche-Journal under the Texas Public Information Act, details statements provided by Daniel Gonzalez and the mayor to Texas Ranger Joshua Burson.

Both parties recounted a similar chain of events in the encounter, including the mayor drawing a gun on Gonzalez.

However, the men’s characterizations of events differ, with Robertson saying he drew his gun in self-defense.

Gonzalez said he was driving his big rig about 15 mph eastbound in the 830 block of 40th Street looking for an address where he was dispatched to pick up a delivery.

He said he motioned to the driver of a black pickup truck behind him to pass his truck since he was driving slowly.

The vehicle went around him, cut in front of him and parked at a nearby business, the report states.

Gonzalez said Wednesday he believed the driver of the pickup was cursing at him as he passed.

Meanwhile, Gonzalez said he stopped his truck and stepped out to ask at one of the businesses if he was in the correct area to pick up his load.

That’s when the driver of the pickup approached him, started cursing at him and drew a gun from under his shirt, he said.
“The first thing he told me is, ‘don’t come and ---- with me, mother------. I’m going to kill you,’ ” he said.

Gonzalez said he still is confused by Robertson’s actions.
“I don’t know why he was so upset,” he said. “He didn’t give me a chance to say anything before he pulled the gun. The only thing I told him is, ‘I’m sorry, sir. You know where you’re going, I don’t, and I’m looking for an address.’ ”

It turns out the business Gonzalez was looking for was Robertson’s.
I thought maybe he will calm down but he didn’t,” Gonzalez said.
Robertson, who did not respond to a voicemail seeking comment, met with Burson at his attorney’s office and gave his version of events, according to the report.
He told the Ranger he was driving behind Gonzalez’s truck and waved back at Gonzalez to say he did not need to pass him.
He said Gonzalez’s truck slowed abruptly, forcing him to drive around the big rig.

When he parked in front of his business and exited his pickup truck, he said he saw Gonzalez approaching him in an aggressive manner and cursing at him.

Robertson said he told Gonzalez to stop several times but Gonzalez kept advancing.

He said he drew his gun to defend himself.

“Robertson stated he could not physically defend himself due to his health and physical stature,” the report states.

Robertson said Gonzalez stopped when he drew his gun and screamed, “I’m just trying to get my load,” the report states.
Robertson told Gonzalez to return to his vehicle.

Gonzalez, who denied acting aggressively, said he ran back to his truck and called the police.

“He told me also, ‘yeah, call the police, mother------, I don’t give a ----, call them,’ those are his words,” he said.

A responding police officer told Gonzalez the man who drew the gun on him was the mayor of Lubbock.

Gonzalez said he felt scared and did not want to press charges.
“I don’t want no trouble,” he said.

However, he said he was encouraged by police to file a complaint.
He said the police allowed him to pick up the delivery from Robertson’s business and he left.

He said he was unable to sleep for about four days after the encounter and now refuses dispatches to Lubbock.

Matt Powell, Lubbock County’s criminal district attorney, said July 1 no charges resulted from Burson’s investigation.

Gonzalez, who kept nine pages of notes on the encounter, said he was disappointed about the result and believes Robertson’s status influenced the decision.

“Rich people, they can do whatever they want,” he said. “We’re like in the chess game. The guy who has a lot of money he can move all ... He can do all the movements, whatever he wants, and he’s going to get away.”

Gonzalez said he has no plans to pursue the case any further.
“I hope that he never has to bother me or have to bother my family, or try to do anything against me because I spoke to the media. I don’t want nothing from him,” he said. “It wasn’t my intention; I was doing my work, I was doing my job and I try to do it right all the time.”

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A 47-year-old Arlington truck driver who told police in June that Lubbock's mayor drew a gun on him for no reason said Thursday he has no plans to pursue the case any further after no charges resulted from the investigation.