ECONOMIC ANALYSIS CONTRACT RISK ANALYSIS AND TRANSPORTATION ANALYSIS r1. THE PROPOSED BAYSIDE-TITAN N.E.S.W.C.-U.O.P., AND S.E.S.W.C.-C.E.A. RESOURCE RECOVERY PROJECTS U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 1 JOHN F. KENNEDY FEDERAL BUILDING • BOSTON, MA.02203 ------- ECONOMIC ANALYSIS CONTRACT RISK ANALYSIS AND TRANSPORTATION ANALYSIS FU THE PROPOSED BAYSIDE-TITAN N.E.S.W.C.-u.O.p., AND S.E.S.W.C.-C.E.A. RESOURCE RECOVERY PROJECTS Contract Number: 68—01—4940 Directive of Work #1 Prepared For; U.S. ENVIRONMENTAL PROTECTION AGENCY REGION I J.F.K. Federal Building Boston, Massachusetts Prepared By: GORDIAN ASSOCIATES INCORPORATED 910 Seventeenth Street, N.W. Suite 917 Washington, D.C. 20006 April 2, 1979 ------- Public Lnw 94—580 — Oct. 21, 1976 RESOURCE RECOV1 J y AND CONSERVATION PANELS SEC. 2003. The Administr&or shall provide teams of personnel, including Federal, State, and local employees or contractors (herein- after referred to as “Resource Conservation and Recovery Panels”) to provide Federal States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall include technical, marketing, financial, and institutional specialists, and the services of such teams shall be provided without charge to States or local governments. This report has been reviewed by the Region I EPA Technical Assistance Project Officer, and approved for publication. approval does not signify that the contents necessarily re- flect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial pro- ducts constitute endorsement or recommendation for use. EPA Region I Project manager: Ira W. Leighton ------- Table of Contents Acknowledgements I. Introduction 1 — Background 1 — Assignment 1 — Report Contents 3 Schedule 3 II. Project Characterizations 4 III. Economic Analysis Description 30 — Methodology and Assumptions 30 — Discussion of Cost Indices 35 — Energy Cost Inflation 36 — Economic Analysis for Bayside-Titan 38 — Economic Analysis for N.E.S.W.C.—TJ.O.p. 65 — Economic Analysis for S.E.S.W.C.—C.E.A. 80 IV. Transportation Cost Analysis 90 V. Project Considerations 103 Which Could Affect Cost and/or Service — Financeabillty and Financing Arrangements 103 — Financial Stability of the Parent Company 104 — Tonnage Commitment Requirements 105 — Landfill Costs and Developments 108 — Plant Downtime and Outage 110 — Product Marketing and Revenues 112 — Pollution Control Modifications 115 — Leases and Contracts 116 VI. Discussion of Service Contracts and Risks 117 — Overview 117 — Contract Risk Analysis: Bayside Project 118 — Contract Risk Analysis: S.E.S.W.C.—C.E.A. Project 126 — Contract Risk Analysis: N.E.S.W.C.—U.O.p. Project 132 GORDIAN ASSOCIATES INCORPORATED ------- VII. Landfill Situation inLthe_Bo to±LNorth Shore Area 142 — Status of Solid Waste Management Facilities in Northeastern Massachusetts 142 — Factors Affecting the Viability of Land Dis- posal as a Long—Term Solid Waste Management Situation 143 — Future Impact of Federal/State Regulations on Land Disposal 145 VIII. Next Steps for Communities 147 GORDIAN ASSOCIATES INCORPORATED ------- Acknowledgements The following individuals have contributed information, data, and/or assistance in this study which are deeply appreciated. From Combustion Equipment Associates, Inc . Mr. John Reilly Mr. Phil Nessral].a Mr. Kenneth Rodgers Mr. Dwight Brown Mr. Richard Lewis Mr. Dean Tomlinson Mr. John Presti Mr. Neil Geevers From Universal Oil Products Co.: Mr. Lewis Ward Mr. John Phillips Mr. Wayne Wright From Commonwealth of Massachusetts Bureau of Solid Waste Disposal : Mr. William Gaughan Mr. Robert Rauser From Mitre Corporatjon Mr. Ahti Autlo Dr. Robert Zier Ms. Susan Kinney From U.S. Environmental Protection Agency (Region I) : Mr. Ira Leighton Mr. Conrad Desroajers Mr. Dennis Huebrier Mr. Merrill Hohman Mr. Dennis Gagne GORDLAN ASSOCLATES INCORPQRAT ------- From The City of Salem : Ms. Anne Pelletier From The City of Beverly : Mr. Bud McPherson Mr. George Gline Mr. Dave Vargas From The Mr. Town of Danvers Stephen Delaney From The Town of Ipswich Mr. George Howe From The Town of Swampscott : Mr. Kent Murphy From The Town of Essex : Mr. John Doyle From The New England Power Company : Mr. John Newsham From The Narragansett Electric Company : Mr. Thomas Tsai From The James River Corp. : Mr. Leo Collette From Vulcan Materials Co. : Mr. William Gerinain GORDIAN ASSOCIATES INCORPORATED ------- I. INTRODUCTION • Background Ten cot imunities (Salem, Danvers, Swampscott, Rockport, Ipswich, Gloucester, Wenhain, Lynn, Hamilton and Essex) in the North Shore of the Boston area are faced with choosing one of three different resource recovery projects, which are proposed to serve the communities for at least a 20 year period. The nature of and participants in each project are very different. The communities have asked the Region I office of the U.S. Environmental Protection Agency for help in understanding the different aspects of each project and what risks might be incurred in participating in one versus another. E.P.A. met with the communities and agreed to provide assistance from its Solid Waste Program in the Boston Regional Office and through an independent consultant, Cordian Associates Inc. Gordian is E.P.A.’s “Technical Assistance Panels Program” consultant. This program was established under the Resource Conservation and Recovery Act of 1976 and is designed to provide technical assistance to communities in solid waste management. • Assignment Gordian met with E.P.A. and the communities in October to learn the nature of the technical assistance requests and the background of the three projects. It was determined, following that meeting, that Gordian would develop characterizations of each project to address such areas as project components, waste volumes handled, project participants, locations, project landfill needs, projected cash flows, financing methods, service fee arrangements, risk and reliability features, and other baseline data which would give the communities a better understanding of each project. Gordian prepared the characterizations and presented them to the communities December 21, 1978 at a night meeting in Danvers, Mass. As a result of that meeting, the communities indicated that there were certain key issues on which they would like more information. The two areas receiving the most requests for additional information were project economics and contract risks. In view of the requests and interest in these areas on the part of the communities, the Regional E.P.A. office decided to undertake a second stage in the technical assistance effort and have Gordian analyze project economics and risks in greater detail and present the findings to communities. As part of the economic analysis Gordian agreed to conduct a limited analysis of packer haul costs for the 10 con nunities. 1 GORDIAN ASSOCIATES INCORPORATED ------- NORTH SHORE COMMUNITIES - CONN1JNITIES REQUESTING TECHNICAL ASSISTANCE — HOST COMMUNITY FOR PROJECT 2 GORDIAN ASSOCIATES INCORPORATED ------- Gordian and E.P.A. met with the communities in January to discuss the workscope and stage II schedule. Following that meeting, Gordian proceeded with the analyses and completed them in March 1979. • Report Contents The final report contained herein includes a characterization of each of the three proposed projects, an analysis of estimated service fee com- ponents and estimated net cost to contract communities, a discussion of the risks and legal implications of the “service agreements” which communities would sign for a project, an analysis of estimated packer haul costs for the 10 communities to haul solid waste to each of the proposed plant sites, a discussion of salient project considerations which communities would want to compare for each project, a discussion of the landfill situation in the North Shore area (as provided by the Region I office of the U.S. Environmental Protection Agency), and a brief discussion of the next steps for community decision makers. An Executive Suimnary at the front of the report highlights these areas. • Schedule Stage 1 — Project Characterizations Initiated in November 1978 Completed in December 1978 — Presentation to Communities December 21, 1978 Stage 2 — Economic and Contract Risk Analyses Initiated January 1979 Completed I arch 1979 — Presentation to Communities By April 1979 The schedule has been planned so as to enable community decision makers to have the benefits of the community presentations and the final report for spring town meetings. 3 GORDIAN ASSOCIATES INCORPORATED ------- II. PROJECT CHARACTERIZATIONS The following materials were presented by Gordian Associates on December 21, 1978 to conmiunjtjes in the Boston North Shore area. Page 5 depicts an overview of the characterization methodology; page 6 displays possible service areas and solid waste quantities required; page 7 shows the transfer station and landfill/residue status. Project participants appear on pages 8—10, project network designs on pages 11—13, project approval status on page 14, system reliability on page 15, contractual relationships, page 16, project tipping fee payment arrangements on pages 17—19, product market contracts on page 20, simplified cash flow charts on pages 21—23, project risk allocation on pages 24—26, contractor selected financial data on page 27, and the suary on page 28. 4 GORDIAN ASSOCIATES INCORPORATED ------- CHARACTER I ZATI ON METHODOLOGY • REVIEW AVAILABLE DOCUMENTATION • OBTAIN SUPPLEMENTAL DATA VIA TELEPHONE DISCUSSION AND CORRESPONDENCE • PREPARE DRAFT CHARACTERIZATIONS • REVIEW DRAFT CHARACTERIZATIONS WITH PROJECT VENDORS, COMMUNITY REPRESENTATIVES, AND E.P.A. • FINALIZE CHARACTERIZATIONS WHAT WE HAVE DONE • TAKEN CRASH COURSE IN THREE SOLID WASTE MANAGEMENT PROJECTS • SUMMARIZED FACTS IN A COMPARATIVE AND OBJECTIVE MANNER • PROVIDED BASELINE INFORMATION AS AN AID IN COMMUNITY DECISION-MAKING FOR THE UPCOMING SPRING TOWN MEETINGS WHAT WE HAVE NOT DONE • ASSESSED EACH COMMUNITY’S INDIVIDUAL NEEDS AND CONSTRAINTS • PROVIDED DETAILED BUSINESS AND ECONOMIC ANALYSIS OF THE THREE PROJECTS • MADE A RECOMMENDATION FOR IMPLEMENTING ONE OR MORE PROJECT(S). 5 ------- POSSIBLE SERVICE AREAL BAYSIDE-TITAN-BEVERLY N.E.S.W.C.-U.O.P.—N. ANDOVER S.E.S.W.C.—C.E.A.-PEABODY MOST COMMUNITIES IN 47 OR MORE COMMUNITIES IN ALL COMMUNITIES IN ESSEX THE BAYSIDE AREA OF NORTHEASTERN MASS. AND 6 OR MIDDLESEX AND SUFFOLK NORTHEASTERN MASS. MORE IN NEW HAMPSHIRE. OTHER COUNTIES EXCLUDING BOSTON. COMMUNITIES HAVE ALSO EX- PRESSED INTEREST AND MAY BE SERVED BY THE PROJECT. SOLID WASTE QUANTITIES REQUIRED : 0 ’ - - MINIMUM TO INITIATE 500 TONS PER DAY 1800 TONS PER DAY MINIMUM TO 900 TONS PER DAY’MINIMUM PROJECT MINIMUM TO INITIATE INITIATE PROJECT TO INITIATE THE PROJECT THE PROJECT - EXPECTED AVERAGE 500 TONS PER DAY 3000 TONS PER DAY EXPECTED 2000 TONS PER DAY EXPECTED PLANT THROUGHPUT EXPECTED AVG. PLANT AVG. PLANT THROUGHPUT AVG. PLANT THROUGHPUT THROUGHPUT - PEAK CAPACITY 591 TONS PER DAY PEAK 3450 TONS PER DAY PEAK 2400 TONS PER DAY PEAK CAPACITY CAPACITY CAPACITY ------- -J TRANSFER STATION NETWORK : BAYS IDE-TITAN-BEVERLY DOES NOT APPLY (TITAN HAS OFFERED ASSISTANCE IN PLANNING, DEVELOPING AND OPERATING TRANSFER FACILITIES IF REQUESTED TO DO SO FOR ADDITIONAL FEE ) N.E.S.W.C.-LJ.O.P.-N. ANDOVER • TRANSFER STATIONS HAVE BEEN GENERALLY LOCATED • FULL COST SHARING FORMULA HAS BEEN DEVELOPED • FINAL LOCATIONS ARE NOT TO BE DETERMINED UNTIL THE FINAL PROJECT CONFIGURATION IS RESOLVED S.E.SW.C.-C.E.A.-PEABODY • TRANSFER FACILITIES PROVIDED IF REQUESTED • INCREMENTAL COSTS OF SUCH FACILITIES WOULD BE BORNE BY THE COMMUNITIES DIRECTLY LANDFILL/RESIDUE DISPOSAL : A. SITE(S) ACQUISITION STATUS B. ACREAGE AVAILABLE C. TYPE OF SOLID WASTE ACCEPTED B. SITE PERMIT STATUS A. IDENTIFIED & NEGOTIATING B. NOT IDENTIFIED C. RAW REFUSE AND RESIDUE D. NOT INITIATED 2 SITES IDENTIFIED AMESBURY/NORTH ANDOVER. COMMONWEALTH CAN TAKE 150/SO RAW REFUSE AND RESEDUE/ RESIDUE NOT INITIATED PARTIALLY OBTAINED PURCHASED/TAKE REMAINDER 58/107 RAW REFUSE/NON- HAZARDOUS NOT INITIATED ------- (BOND UNDER1RITER) (UMiER IRIitRS’ COUNSEL) GASTON, SNO I & ELY-BARTt.ETT SPECIAL COUNSEL IVUDGEJ ‘ROSE; GUTHRIE I llJ ALEXANDER I CHOATE, HALL AND STE14ART (HOST WIVPJNITY) (BOND COUNSEL) I IISMCORP. SITE AND P(WR (WASTE SUPPLIEE ) PAINE, WEBBERJ JACKSON, AF’ll) CURTIS - 1 3RSI ALLEN AND CO. BAYS IDE-I ITAN-BEVERLY PFCkJECT PARTICIPANTS BEWRLY IDEA 1 ER ) — ——-‘ TITAN GE )UP I INC. I AI’NOR J. I, I— USM CORP ENEE iY PO ER PLANT CONTRACT TEOS I ( P1 )JECT OPERATOR) r . NEPCO PURCHASE OF El FCTRICI1Y 1 HOSPITAL STEPM PURCHASER W\TERIAL PURCHASER EQUIP & SYSTEM SUPPLIEI BAYS Ill CONTRACT C MVIJN IT I ES & OTIlEF ------- N,E,S,W,C (J O,P,-N. ANDOVER PARTICIPANTS ITh, BARIf ’, ______ r ws PRIVATE HARRIS, UPHAM — & EQUITY BONDHOLDERS _______________ GRAY INVESTORS (BOND UNDEI IIUTERS) (BOND COUNSEL) (1\ [ )DITIONAL SOURCES OF CJ\PIThI) I T(MN OF I ANDOVER IWA NORTH TRUST L____._ ______ ______ (FINANCING VEHICLE) ( 1 T ( ALLOCATES f JNIES ) CQIIJNI1Y) CONTRACT J uo LANDFILL 1 C (WE1\LFH CC1 T 1iNITIES OPERATING SUBSIDIARI’ J_OPERATORS J OF (SUPPLY WASTE) (OPERATOR OF tIASSACHUSETTS (PROVIDES FACILITY, P CON, INC. I I J DFI LL, AND TRANSFER SITES, CONTRACT SUBSIDIARi’ OF I UoP , INC. T1W1SR)RTATIC1 1 UOP L OPERATORS I CC1 IJNITY F PI SENTATIVE) (DESIGN AND (GUARANTOR) — CONSTI JCTION OF PLANT) ------- S.E S.W C PRWEt [ PARtIEI A tS ( SUPPLIER, USER ) ( HOST ) c l i v __________ SOUTH ESSEX SOLID PARTICIPATING (CCXIIJNITY) WASTE DISPOSAL C(]’IIJNITIES ______________ flISftLO I — CONSTI4JC flON ( SITE WORK, DESIGN ) 11 N Ff fl’ffl ( flPERA1 OR) ( P CESS INPIff ) LOCAL A E cUt.,, INc. ARTHUR U. LI TWE CO. FIE 1 ________ __________ __________________ CEA P )CESS DESIGN G JP (SYSTEM DESIGN) ------- BAYS I DE J BEVERLY • SIZE REDUCTION • MAGNETIC SEPARATION • INCINERATION FERROUS METALS J 1 TRANSFER STATIONS 1. RESOURCE RECOVERY PLANT CONTRACT COMMUNITIES LI WA TE LAL HAULERS I— I I I L_. d BEVERLY HOSPITAL USM CORPORATION STEAM ELECTRICITY RAW REFUSE MASSACHUSETTS ELECTRIC VULCAN MATERIALS OR OTHER ASH RESIDUE LANDFILL ———---——-- I AL ------- N.E.S 1 W.C.-U.O.P.-N. ANDOVER NET AK RK CONTRACT COMMUNITIES SOLID WASTE COMMERCIAL HAULERS S RESOURCE RECOVERY PLANT • BULKY WASTE SIZE’ DUCTIO1 : . MASS INCINERATION . POST INCINERATION METALS RECOVERY RAW REFUSE S STEAM WESTERN ELECTRIC LECTRIC IT? METALS (FERROUS NO N - F ER ( o US) ASH RESIDUE TRANSFER STATIONS t ) LANDFILL NOT INDICATED POTENTIAL MARKET ------- S.E.S.W.C.-C.E.A.-PEABODY NE [ RK _ EE RROUS METALS SQl I D - ThI AcTIES AND OTHER COMMERC I AL HAULERS I— I . . ) ASTE TRANSFER STATION(S) j ‘, RFSOURCE RECOVERY PLANT • SIZE REDUCTION • CLASSIFiCATION • fIATERIJ\LS RECOVERY ECO-FUEL II • NARRAGANSETT ELECIRIC CO, • JAMES RIVER CURl O OTHERS : LANDFILL . TAILINGS • RAW LOCAL SCRAP PROCESSORS ------- AYSIDE-TITAN-BEVERUY PROJECT APPROVAL STATUS • DRAFT ENVIRONMENTAL IMPACT R E ORT PPROVED, FINAL rIN PREPARATION • FINAL SITE ASSIGNMENT ACQUIRED • CLEAN AIR PERMIT PROCESS 9NI rIATED • OTHER PERMITS FOR CONSTRUCTION AND OPERATION ARE REQUIRED NESWC-UOP-N. ANDOVER PROJECT APPROVAL S.TATUS • DRAFT ENVIRONMENTAL IMPACThREPORT APPROVED, FINAL UNDERGOING REVIEW • LOCAL APPROVAL OF PLANT SItE OBTAINED. DEQE IS INVOLVED IN SIJ .$ELECTION PROCESS • ONE CITY (LAWRENCE) AND THREE TOWNS (N. ANDOVER, BEDFORD, CARLISLE) HAVE AUTHORIZED CONTRACT SIGNING • OTHER PERMITS FOR APPROVALS ARE REQUIRED SESWC-CE -PEABODY PROJECT APPROVAL STATUS • AWAITING DISTRICT CERTIF{CATION OF TONNAGE PRIOR TO PREPARING ENVIRbNMENTAL IMPACT REPORT AND OBTAINING .OTHER REQUIRED PERMITS 14 ------- RELIABILITY OF THE PROPOSED PROCESSING SYSTEMS 1. APPROVED ACCEPTANCE TESTiNG PROVIDED IN CONTRACT BAYS IDE-TITAN-BEVERLY 1. YES (REQUIRED BY I.D.F.A.) H.E.S.14.C.— U.O.P. N. ANDOVER 2. YES S . E. S . W. C C.E.A. PEABODY 3. NOT REQUIRED 2. BASIC TECHNOLOGY UTILIZE!) IN OTHER LOCATIONS PREVIOUSLY Lfl 3. OPERATOR EXPERIENCED IN OPERATING SIMILAR FACILITY 3. YES— USM OPERATES BOILER AND TURBOGENERATOR NO-’ NEITHER TITAN NOR USM OPERATED FRONT-EN1) INITIAL OPER- AT 1ONS ONLY YES PILOT SCALE ONLY 4. OPERATOR EXPERIENCED IN OPERATING SiMILAR FACILITY AT PROPOSED SCALE 4. SM E AS #3 SANE AS #3 NO (1 PLANT IN START-UP); (1 PLANT IN CON- STRUCT ION) 5. DESiGN AND CONSTRUCTION MANAGEMENT EXPERIENCE FOR THIS TYPE OF FACILITY 6. YES YES YES YES YES 2. YES YES YES 5. LTD. DESIGN, YES CONST. MGMT EXP. 6. PLANT GUARANTEED TO MEET CURRENT ENVIRONMENTAL LAWS ------- 7. (A) GUARANTEED ELECTRIC GENERATING EQUIPMENT PERFORMANCE (B) GUAR.ANTEED PROCESSING EQUIPMENT PERFORMANCE (C) GUARANTEED PLANT AVAILABILITY (D) IMPLIED PLANT AVAILABILITY 8. PARENT COMPANY GUARANTEES OPERATOR PERFORMANCE (B) BOILER BY MFGR. FOR 2 YRS, FOR OUTPUT CERTAIN ELECTRIC CEN.- ERATING EQUIP. BY USM (C NO (D) 90% FOR BOI LER 9. REDUNDANCY OF KEY RECOVERY PROCESSES 9. SINGLE LINE (SPARE PARTS) MULTIPLE BOILERS DUAL MULTIPLE OVERHEAD PROCESSING CRANES THREE DAY LINES REFUSE STORAGE SPARE PARTS STEAM CONDENSER SPARE PARTS 7. (A) YES I- 0•’ 8. YES YES NOT APPLICABLE NO NO (PENALTY IM- POSED FOR LAND— FILLINC 90% FOR BOILERs 8O% , YES YES ------- CONTRACTUAL RELATIONSHIPS • BAYSIDE TITAN-BEVERLy : — IDEA FINANCED - MAJOR ENERGY PURCHASER TRANSFERS POWER GENERATING EQUIPMENT AND STAFF TO TITAN — COMMUNITIES CONTRACT DIRECTLY WITH TITAN (TEOSI) • NESWC-UOP-N. ANDOVER : - IDEA FINANCED WITH APPROX. 30 PERCENT PRIVATE EQUITY PARTICIPATION IN RESOURCE RECOVERY PLANT - COMMONWEALTH OWNS ALL SITES, TRANSFER STATIONS, AND LANDFILLS - COMMUNITIES CONTRACT WITH UOP OPERATING SUBSIDIARY FOR AT LEAST RESOURCE RECOVERY • SESWC CEA _ pEABODY : - COMMUNITIES CONTRACT WITH DISTRICT. DISTRICT CONTRACTS WITH CEA FOR RESOURCE RECOVERY AND LANDFILL SERVICES. - DISTRICT FINANCES CAPITAL COST OF LANDFILL ACQUISITION AND PREPARATION THROUGH BOND ISSUE. - RESOURCE RECOVERY PRIVATELY FINANCED WITH CEA CORPORATE BORROWING 17 ------- BAYSIDE-TITAN-BEVERLY TIPPING FEE PAYMENT ARRANGEMENT • CONTRACT COMMUNITIES PAY A NET TIPPING FEE WHICH HAS BEEN REDUCED FROM THE GROSS AMOUNT BY RECOVER U RESOURCE! REVENUES HELD IN AN INTEREST BEARING FUND. THE INITIAL YEAR’S FUND IS CAPITALIZED OUT OF BOND PROCEEDS IN THE AMOUNT OF $2.4 MILLION. SERVICE FEE STRUCTURE $ PER TON • BASE FIXED COSTS FOR DEBT SERVICE, OPERATION AND MAINTENANCE OF PLANT, OPERATION ’AND MAINTENANCE OR LEASE OF LANDFILL, TAXES AND ASSESSMENTS (EXCLUDES INCOME TAX) ANY RECOGNIZABLE CAPITAL INFUSION MADE BY TITAN, ALTERATIONS RESERVE FUND PAYMENT, OTHER ANNUAL COSTS: - LESS INTEREST EARNED ON MONIES HELD JN RESERVE FUND NET. BAS.E COST A ADD TO THIS : • INCREMENTAL TRANSPORTATION AND DISPOSAL COSTS FOR EXCESS TONNAGE BEYOND LEVELS SPECIFIED IN SERVICE AGREEMENT • HOST COMMUNITY FEE (SUBJECT TO CPI ADJUSTMENT) • ANY FEES PAYABLE TO A COMMUNITY IN WHICH A LANDFILL IS LOCATED SUBTOTAL — LESS: - GROSS RECOVERED RESOURCE CREDIT LESS OIL COST DURING DOWNTIME NET RECOVERED RESOURCE CREDIT TO COMMUNITIES - CONSTRUCTIVE TAX OWNERSHIP CREDIT — INTEREST ON RECOVERED RESOURCE CREDIT FUND • NET OPERATING COST B • NET COST TO CONTRACT COMMUNITY - A+B- 18 ------- NESWC-UOP-N. ANDOVER TIPPING FEE PAYMENT ARRANGEMENT • CONTRACT COMMUNITIES PAY ESTIMATED NET TIPPING FEE, WHICH IS ADJUSTED MONTHLY BY REVENUES FROM SALES OF RECOVERED PRODUCTS. • AT THE END OF EACH YEAR, THE TIPPING FEES PAID ARE TO BE ADJUSTED. SERVICE FEE STRUCTURE COSTS $ PER TON • BASE COST - PRO RATA LEASE RENTAL, O&M INSURANCE AND TAXES, BONDS AND FEES (BASED ON CONTRACT COMMUNITY GUARANTEED WASTE) • RESIDUE DISPOSAL COST • HOST COMMUNITY FEE • TRANSPORTATION COSTS TOTAL, COSTS REVENUES • ENERGY PRODUCT CREDITS (90% OF NET REVENUES) ( - • FERROUS PRODUCT CREDITS (FIRST $15/TON FOR NET REVENUES PLUS 50% OF NET REVENUES OVER $30/TON) ( - • OTHER MATERIALS CREDITS (50% OF NET REVENUES) ( - • OVERAGE INCOME FROM PRIVATE HAULERS TOTAL, REVENUES (-) NET COST TO CONTRACT COMMUNITY COSTS LESS REVENUES 19 ------- SESWC-CEA-PEABODY TIPPING FEE PAYMENT ARRANGEMENT • CONTRACT COMMUNITIES PA GROSS çOs T5 FOR’,PROJECT. INCLUDING COST TO FINANC,Er ND PREPARE LANDF;I.LL AND 7 GUARAN.TEED CEATIPPING FEE. FOR RESOURCE RECOVERY SERVICES AND LANDFILL OPERATION. • QUARTERLY REBATES ARE MADE FOR CERTAIN EGO-FUEL II REVENUES, PART OF INCOME FROM NON-CONTRACT DELIVERIES, AND LANDFILL PENALTY PAYMENTS DUE. SERVICE FEE STRUCTURE. COSTS $ PER JON • BASE COST FOR RESOURCE RECOVERY ,AND LANDFILL OPERATION (GUARANTEED WITH CPI, ESCALATOR •$7.’5O/TQN STARTING NOVEMBER, 1977) • LANDFILL ACQUISITION AND IMPROVEMENT BOND DEBT SERVICE • HOST COMMUNITY FEE (SUBJECT TO CPI ADJUSTMENT) • TRANSPORTATION COST (EXTRA FOR THOSE SERVED) NOT INCLUDED TOTAL, COSTS _______ REVENUES • ENERGY PRODUCT CREDITS (35% OF NET -REVENUES F.O.B. PEABODY FOR ECO-FUEL II SALES OVER $2.50 PER MILLION BTU’S) C - ) • MATERIALS PRODUCT CREDITS - 0 - • PART OF INCOME FROM NON-CONTRACT DELIVERIES C - • LANDFILL PENALTY PAYMENTS (IF ANY) (_ _) TOTAL, REVENUES NET COST TO CONTRACT COMMUNITY COST LESS REVENUES 20 ------- BAYSI DE-TITAN-PEABODY MARKET CONTRACTS PRODUCT MARKET CONTRACT TERM CONTRACT STATUS ELECTRICITY USM CORP. LONG TERM (ALL NEGOTIATING REQUIREMENTS) ELECTRICITY MASS. ELEC. LONG TERM (20+YRS.) NEGOTIATING TAKE OR PAY STEAM IJSM CORPO- LONG TERM (ALL NEGOTIATING RATION REQUIREMENTS) STEAM BEVERLY HOSPI- LONG TERM (ALL NEGOTIATING TAL REQUIREMENTS) FERROUS METAL VULCAN MATERI- LONG TERM, FLOOR NEGOTIATING ALS PRICE NESWC-UOP-N. ANDOVER MARKET CONTRACTS PRODUCT MARKET CONTRACT TERM CONTRACT STATUS ELECTRICITY MASS. ELEC. LONG TERM 20 YR., NEGOTIATING CO. TAKE OR PAY STEAM (LOW WESTERN ELEC. LONG TERM NEGOTiATING PRESSURE) CO. MATERIALS NOT INDICATED 1-5 YEARS NEGOTIATING (FERROUS, ALUMINUM, MIXED NONFERROUS) AGGREGATE SEVERAL SPOT NEGOTIATING SESWC-CEA-PEABODY MARKET CONTRACTS PRODUCT MARKET CONTRACT TERM - CONTRACT STATUS DRY FUEL (ECO NARRAGANSETT 1 YR. EXPERIMENTAL SIGNED FUEL II) ELEC. 4 YR. CONDITIONAL JAMES RIVER 6 MONTH EXPERIMENTAL SiGNED CORP. 10 YRS. BASED ON SUCCESSFUL EXPERI- MENTAL TESTING FERROUS LOCAL SCRAP -SPOT MARKET NOT APPLICABLE METALS DEALERS 21 ------- BAYSIDE-TITAN PROJECT SIMPLIFIED CASH FLOWS Lease payments ($1/yr ) Site and Power Plant Con tract Coii iiunj ties IDFA Other 1 Servjce _____ — Bond Proceeds — _____ _________ Waste Fees Customers TEOSI Operator USM - _____ Trustee ___- on J Holders - Service Hospital 1 — — ___ (lease payine ts) N [ PCo —. Metals Purchaser — Revenues & Credits Project Beverly E Capital ______________ Costs ______________ In-lieu-of-property Tapes — — T Landfill Project 0 & M Host s Facility _______________ • Landfill ------- N.E.S 1 W.C,—U 1 0.P. PROJECT SIMPLIFIED CASH FLOWS Capital Constructlon Facility 1 Bondholders Lease Payment Stations I Transfer Contractors Site ________________ d — ___________ ____________________ Capital Opera lions _________ Lease Other ________ Maintenance ______________ ionies Refuse Payments _____________ Site lease a went Other _____ , Capi tal Users ___________ _____________ North Trustee ______________ UOP Operating Lease Andover roduct Payrneni ’ ___________ ______________ I Subsidiary Payment IDFA Payments _____________ — ____ Energy I Product Purchaser ] Payments — _____________ _____ ______________ Capital )ebt Service 1 Coinnunity Sharing Payments Equity host Revenue 1 Contract Private _____ ____ Metals Purchaser Payments Bondholders1 I City of NESWC Residue North Andover Contract Purchasers Coii iiun1 t Cs Flow of Pavni nt.c ------- SE.S,C,W.—C.E,A, PROJECT $IPPU F lED CASH FLC S Landfill and Site Lease Payments L! ost Corn. Payments Plant Site and Landfill Lease Pay— men ts Contract Service Payments I Con t.ract Coimununi ties I Product Pavmnents I Tonnage Overage Paynien ts SESWDD ..Capital for Landfill Improvements Bond Payments Revenue Sharing Landff 11 Penalty Payn men ts Plant Capi taV Bondholders 1 CEA CEA Operating Subsidiary Plant Owner/Operator and Landfill Operator ‘ Ci ty of Peabody 1 ost Con nuni Ly) (Landfill Owner) I Product Payments Construction Con trac lors Opera I i ng Cost.s -J Other Users Fuel Purchaser(s) Ferrous Metals Purchaser(s) I Flow of Payments ------- PROJECT RISK ALLOCATION N.E.S.W.C.— S.E.S.W.C.- C.E.A.- 1. RISK AREA ALLOCATION METHOD BAYSIDE-TITAN-BEVERLY N. ANDOVER PEABODY WASTE SUPPLY COMMUNITIES GUARANTEE DELIVERY YES YES YES AND DISPOSAL OF MINIMUM ANNUAL TONNAGE CONTRACTOR GUARANTEES TO ACCEPT YES YES YES AND PROCESS WASTE (ACCEPTABLE WASTE) (ACCEPTABLE WASTE) (ACCEPTABLE WASTE) CONTRACTOR GUARANTEES DISPOSAL YE YES YES OF RESIDUALS AND AVAILABILITY OF (COMMONWEALTH GUAR- EMERGENCY LANDFILL ANTEES LANDFILL AVAIL- BILITY; CONTRACTOR GUARANTEES DISPOSAL OF RESIDUALS) 2. PLANT CON— CONSTRUCTION GUARANTEES; CONSTRUC-. YES YES YES STRUCTION TION OF OPERATIONAL PLANT FOR (ADJUSTED BY COST (ADJUSTED BY COST (ADJUSTED BY COST FIXED PRICE INDEX) INDEX) INDEX) CONTRACTOR GUARANTEES CONSTRUCTION YES YES MUST GUARANTEE BY FIXED DATE AND PAYS PENALITIES (REQUIRED TO LAND- (TO BE PROVIDED IN DATE BUT PAYS THEREAFTER FILL ACCEPTABLE CONSTRUCTION CON— NO PENALITIES WASTE) TRACT) CONTRACTOR HAS RIGHT TO TERMINATE NO NO NO IF CONSTRUCTION COSTS EXCEED CER- TAIN CONTRACTED AMOUNT COMMUNITIES DO NOT ACCEPT PLANT YES, I.D.F.A. YES NOT REQUIRED UNTIL INDEPENDENT TESTS SHOW IT AND USM CORP. REQUIRE TO MEET OPERATING SPECIFICATIONS APPROVED ACCEPTANCE TEST ------- PROJECT RISK ALLOCATION N.E.S.W.C.— S.E.S.W.C.- U.O.P.— C.E.A.— RISK AREA ALLOCATION METHOD BAYSIDE—TITAN-BEVERLY N. ANDOVER PEABODY 3. PLANT COMMUNITIES PAY FIXED TIPPING NO NO YES OPERA- FEE SUBJECT TO INFLATION HON COMMUNITIES GUARANTEE PAYMENT OF YES YES YES FEE WHETHER OR NOT WASTE IS DE- LIVERED BY THEM COMMUNITIES’ FEE IS INCREASED YES YES YES ACCORDING TO ESTABLISHED COST INDEX CONTRACTOR SHARES PRODUCT YES YES YES REVENUES WITH COMMUNITIES (LINIIED & CON- DITIONAL) CONTRACTOR GUARANTEES FIXED PER- YES YES YES CENTACE OF REVENUE TO BE SHARED (2 ECO FUEL SALES WITH COMMUNITIES ONLY) CONTRACTOR’S MAXIMUM PROFIT IS NO NO NO FIXED WITH SURPLUS SHARED WITH COMMUNITIES COMMUNITIES’ TIPPING FEE IS RE— YES YES YES NEGOTIATED IF WASTE COMPOSITION (IN CERTAIN CASES) (IN CERTAIN CASES) CHANGES COMMUNiTIES’ LiABILITY FOR OPERATING YES YES YES OR CAPITAL COST INCREASES FROM FORCES OUTSIDE CONTROL OF PARTIES IN AGREEMENT IS LIMITED CONTRACTOR’S LIABILITY FOR OPERATING OR YES YES YES CAPITAL COST INCREASES FROM FORCES OUTSIDE CONTROL OF CONTRACTING PARTIES IS LIMITED ------- PROJECT RISK ALLOCATIONS N.E.S.W.C.— S.E.S.C.W.— U.o.P.- C.E.A.— RISK AREA ALLOCATION METHOD BAYS IDE —TITAN-BEVERLY N. ANDOVER PEABODY CONTRACTOR GUARANTEES QUALITY YES YES NOT APPLICABLE 4. PRODUCT (ELECTRICITY & MARKETING STEAM ONLY) CONTRACTOR GUARANTEES VOLUME AND YES YES REFLECTED IN DELIVERY SCHEDULE (ENERGY TO USM) TIPPING FEE BUYER GUARANTEES PRICE PAID YES YES DOES NOT APPLY FOR ENERGY IS EQUIVALENT TO PRICE (ELECTRICITY)- .UN- PER BTU OF DISPLACED FUEL DETERMINED; (STEAM) BUYER GUARANTEES MINIMUM FLOOR YES NO DOES NOT APPLY PRICE FOR MATERIALS CONTRACTOR AGREES TO DISCOUNT DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY FUEL PRICE FOR VOLUME PURCHASES OR SIGNIFICANT DISPLACED FUEL PRICE INCREASES CONTRACTOR AGREES TO PAY FOR INCRE— DOES NOT APPLY DOES NOT APPLY YES MENTAL COSTS INCURRED BY ENERGY BUYER (IN SOME CONTRACTS) 1 BUYER AGREES TO BUY RECEIVING FACIL— DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY ITIES FROM CONTRACTOR AFTER SUCCESS- FUL TESTING BUYER AGREES TO ACCEPT AND PAY FOR YES YES NO MINIMUM QUANTITY (ENERGY) (ENERGY) PURCHASING AGREEMENT IS ASSIGN— DOES NOT APPLY DOES NOT APPLY DOES NOT APPLY ABLE SHOULD BUYER SELL OR LOSE HIS FACILITIES ------- BAYSIDE-BEVERL Y TITAN GROUP INC. (As OF DEC. 31, 1977) $92.1 MILLION (2.4 MILLION) 5.2 MILLION 2.6 MILLION 50 CENTS 17.9 MILLION CONTRACTOR SELECTED FINANCIAL DATA N.E.S.W.C.-N. ANDOVER U.O.P. INC. (As OF DEC. 31, 1977) $508.1 MILLION 162.8 MILLION 41.7 MILLION 31.4 MILLION $2.74 162.8 MILLION S.E’.S.W C.-PEAB0DY C.E.A. INC. (As OF MARCH 31, 1978) $150.3 MILLION (3.9 MILLION) 21 7 MITJjIoN 12.3 MILLION $1.48 55 .02 MILLION F ’.) CATEGORY TOTAL ASSETS WORKING CAPITAL INCOME BEFORE TAXES NET INCOME EARNINGS PER SHARE NET WORTH ------- PROJECT SUMMARY BAYSIDE-TITAN-BEVERLY NESWC-U.O.P.-N. ANDOVER SESWC-C.E.A.-PEABODY • SMALL REGION • LARGE REGION • LARGE DISTRICT TO BE FORMED • I.D.F.A. . I.D.F.A. & PRIVATE • PRIVATE FINANCING FINANCING LEVERAGED FINANCING ARRANGEMENT • LIMITED, (IF ANY) • EXTENSIVE TRANSFER • TRANSFER NETWORK TRANSFER NETWORK NETWORK (FULL COST NOT DEVELOPED BUT SHARING) USERS WOULD PAY COSTS IF DEVELOPED • SINGLE LINE SHRED • MULTIPLE MASS • DUAL LINE SHRED AND & INCINERATE INCINERATION DRY FUEL PREP. • LANDFILL(S) YET TO • LANDFILL(S) • AGREEMENT WITH BE ACQUIRED PARTIALLY ACQUIRED PEABODY ON PART OF LANDFILL ACQUISITION • MAJOR PRODUCT • MAJOR PRODUCT BUYER • MAJOR PRODUCT BUYERS BUYER IS LOCAL IS UTILITY INCLUDE OUT OF INDUSTRY DISTRICT INDUSTRIES OR UTILITIES • MAJOR OUTPUT IS • MAJOR OUTPUT IS • MAJOR OUTPUT IS ELECTRICITY ELECTRICITY PROPRIETARY POWDER- LIKE CELLULOSIC FUEL 29 ------- III. ECONOMIC ANALYSIS DESCRIPTION • Methodology arid Assumptions An economic analysis was conducted for .eä h proposed resoi.irce recovery project to determine a range of possible costs to communities for the years 1982, 1988, 1992, and 2002. The cost range covers two assumed scenarios: one of high inflation and one of moderate inflation. Inflation impacts upon all three projects, and to a varying extent, each project uses specific cost indices in calculating service fees which will change over the years, due to inflation. The scenarios do not represent a “best” or “worst” case projection since it is difficult to say what the best or worst case for a specific project might be. The costs do represent a reasonable range; therefore, no one figure should be interpreted as the cost for that year nor should a high or low end of the range necessarily be assumed. Many assumptions have been made in the analysis regarding capital and operating cost inflation, fuel price’ inflation, member and non—member ton- nage to the plant, landfill costs, waste composition, etc. Since it is impossible to say with certainty what the quantitative impact of these areas will actually be in the future, the costs and revenues could be quite dif- ferent than exhibited, especially in the years beyond 1990. The analysis involved a review of cost trends, historical cost data on key cost components, and certain projections (e.g., fuel costs) in order to obtain data which could be applied to the specific service fee formulas of the proposed contracts and arrive at estimated ranges of net costs to communities. Further, in each project, the method of financing proposed by the proj- ect developer and the effective interest rate indicated by the proposer were used to determine the annual fixed cost of debt service to the communities. The actual cost of capital could prove to be higher or lower, depending upon the condition of capital markets and the required rate of return for inves- tors. Thus, the annual debt service payment could be significantly increased or decreased. In addition, if the tonnage anticipated for each project is not achieved, these fixed costs will have to be spread over fewer tons, thereby increasing the cost on a per tori basis. This effect is exhibited in the specific analysis of each project. The costs developed in the analysis are based on data supplied by the vendors for the capital and operating costs of the projects, the method of financing, and the expected revenues. Each vendor was requested to sup- ply such cost data as well as contracts for product sale and other pertinent contracts and cost information. Not all the data requested was received (some is proprietary and some is not in final form or would not be released for one reason or another). Thus, the analysis is based on the data supplied, and certain costs or revenues cannot be confirmed. This was taken into 30 GORDIAN ASSOCTATES TNCORPOR TED ------- consideration in the analysis when formulating assumptions. Therefore, some of the assumptions might be challenged by the vendors, in view of data they may have on hand but have not released. Following are the steps, methodology and assumptions Gordian has em- ployed in the analysis presented here. 31 GORD!AN ASSOCIATES INCORPORATED ------- Economic Analysis Methodology 1. Identify preliminary assumptions. 2. Refi e assumptcons. 3. Define cost elements for consideration. 4. Identify data needs from system vendors, equipment vendors, prospec- tive product buyers, project sponsors, and others; initiate data acquisition. 5. Conduct first cut economic analysis using existing data, assumptions, and some cost categories. 6. Meet with system vendors to discuss assumptions, cost elements, and data needs. 7. Retrieve data from above sources. Note any data absence which pre- cludes or limits economic analysis. 8. Analyze data acquired from these sources as well as other data avail- able in published reports now on—hand and relate the data to the ap- propriate assumptions and cost elements. 9. Further refine assumptions and cost elements as necessary. 10. Conduct economic analysis of each project, varying critical cost and revenue categories to determine their sensitivity to various levels of operation and inflation or deflation at key breakpoints (i.e., 1 year, 6 years, 10 years, etc.) over a specified operating period (i.e., 1982 — 2002) to obtain a range of estimated net costs (income) to con- tract users. As part of the economic analysis, conduct a limited transportation analysis for those co=unities requesting technical assistance to determine packer haul costs from center of conununity to resource recovery plant. (An alternative method is from community boundary to recovery site.) 11. Develop draft 2 —forma service fee statements which exhibit estimated contract user cost ranges for designated levels of operational through- put under two inflationary scenarios. The scenarios will represent a moderate inflation expectation as well as a higher inflation expecta- tion but not necessarily a best and worst case, since it is difficult to say what a best or worst case for any project might be. 12. Additional data will be provided in graphic form which exhibits trends in such areas as fuel prices, ferrous metals prices, and consumer price index which communities can use as supplemental information. 32 GORDIAN ASSOCIATES INCORPORATED ------- 13. The draft 2 —fol-ma service fee statements will be forwarded to each vendof for their information and coent. A separate meeting will then be arranged with each vendor to discuss the analysis. Following the meetings, Gordian will finalize the analysis and forward it to each vendor for mail critique. Any mail critique which a vendor may wish to offer will be attached to the final report prepared by Gordian, but no changes will be made in the final analysis. 14. Gordian will then present the report with key slides to North Shore communities. The target date for this presentation is April, 1979. Concurrent with the economic analysis, Gordian is undertaking an analysis of the participation risk for North Shore conmunities in signing on with a particular project. The bulk of this effort is being conducted by in- dependent legal counsel, and the contract analysis will be included In the final report to conm unjtjes. A draft narrative of this analysis will be forwarded to each vendor at or about the same time as the economic and transportation analyses. Vendors will have an opportunity to comment on this analysis during the meetings scheduled with Cordian and E.P.A. for review of the draft documents prior to finalization and presentation of the report. The final report will include basic project characterizations, economic analysis, transportation analysis, and a discussion of exposure to risk from a counity perspective, as determined from an analysis of the pro- posed service agreements and other relevant contract documents. 33 GORDL’ j. ASSOCIATES INCORPORATED ------- Assumptions InThe Analysis ,I&ich Are Co non To All Projects 1. The Consumer Price Index for the ’Boston Metropo1itan area is a level eight percent for the 20 year ‘ operating period under Scenario 1 and six percent under Scenario 2. 2. Contract community tonnage tóthe project increases at one percent per year. 3. Solid waste to the plant has an average heating value of 4,500 Btus/lb. 4. Each resour e recovery plant has.a 20. year operating period, and the landfill capacity available- at the outset of the project is not reduced beyond the level needed for-a 2O year project life. 5. Energy revenues are based on the pricing formulas furnished to Gordian and/or noted in discussions i-th the proposed energy buyers and/or the project vendors. 6. All residue resulting from a project is landfilled. 7. The ferrous metal content of the raw refuse to a plant is six percent and it is recovered at a ninety percent efficiency. 8. The price of oil escalates at a level ten percent per year in Scenario 1 and at a level eight percent per year in Scenario 2. 9. The financing of each project will be completed by July 1979 and con- struction co iences that month. Coxm iercial startup will begin in July 1982. 10. Each project is constructed at its stated capacity and operates successfully over the 20 year period, with no extraordinary outages or setbacks. 11. 1979 Service Fee Estimates assume plant construction initiated in 1976 at 1976 prices. 34 GORDIAN ASSOCIATES INCORPORATED ------- • DisCu gj 0 of Cost Indices A primary objective of this evaluation was to track the effects of inflation on the three proposed resource recovery projects. Each project’s operation and maintenance costs and recovered resource revenues will be heavily impacted by the cost trends in the economy its project life. The capital costs of each project have already escalated over 25% as a result of the delay in the implementation schedule. The N.E.S.W.C.—U.O.p. project developers and the S.E.S.W.C.—C.E.A. project developers use the Consumer Price Index (CPI) for the Boston Metropolitan area to adjust annually certain costs. In the N.E.S.W.C.—U.O.P. contract, the operations and maintenance (O&M) cost is set at a fixed amount and annually adjusted by this index. The S.E.S.W.C.—C.E.A. contract uses this same index for annual adjustment of the “base fee” which contract communities pay. The CPI (Boston) has averaged approximately 6.5 percent over the last decade; however, it has ranged from less than five percent to in excess of nine percent in certain years during that period. During 1978 it averaged about seven percent. A CPI range of five to six percent would be considered a moderate level of inflation. The CPI is a base year weighted index that does not reflect produc- tivity gains in the economy. It includes several factors and represents the general inflation rate in the economy. The Bayside—Titan contract also specifies an o&1 cost component which will be adjusted annually by cost indices. The CPI (Boston) is used to adjust a fraction of this cost. However, the Titan contract includes three other indices to adjust larger proportions of the O&M costs annually. The most significant cost component is that which represents labor costs. This component is weighted the heaviest and is adjusted by the Employment Cost Index (Ed) (Manufacturing) for the Northeast. The Titan contract indicates that when a subindex for the Boston area is developed, that subindex will be used to adjust the labor cost component rather than the index which includes the Northeast. (It is uncertain when such a subindex will be established.) The ECI for the Northeast is a relatively new index which has only been recorded for the last three years. During that period, it has averaged at least one percentage point above the CPI (Boston). It was determined at the outset of this study that Gordian would use the specific indices, as well as service fee formulas, in the proposed service agreements when evaluationg project economics. Gordian conferred with such appropriate Federal Government agencies as the Bureau of Labor Statistics, which publishes the CPI and the Ed, and learned how the indices 35 GORDIAN ASSOCIATES INCORPORATED ------- were calculated, charted their performance, and reviewed literature criti- cal to the indices. In establishing cost scenarios, inflation levels for the CPI (Boston) of six and eight percent were assumed for the proposed 20 year contract period in each project. While actual cost trends could be higher or lower than these levels, Gordian concluded that based on historical cost trends in the Boston area, these levels represent reason- able moderate and high inflation scenarios. In the case of the Bayside—Titai project, a level for the ECI (Manu- facturing) Northeast of one (1) percentage point above the CPI (Boston) was assumed, in view of the ECI structure and its performance since it was established. Cordian reviewed its weightings, geographic differences, extent to which the index reflects quality changes, and whether or not it included productivity gains. Based on this review, Cordian has concluded that this index is likely to remain at least one (1) percentage ‘oint above the CPI (Boston) over the long—term. The Employment Cost Index measures the actual change in labor compensation per hour. I o the extent that output per man hour (productivity) increases less than all this, the labor cost increase shows up as price increases to consumers. For example, if labor costs rise by eight percent per year and productivity increases by one percent per year, consumer prices will increase by seven percent per year. Gor— dian estimates that labor productivity will, in fact, improve by one percent per year (this is below its historical rate), leading to the re- sult described. Cordian believes that the ECI is a more representative index than the CPI for the rate at which labor costs will escalate, but feels it will be higher than the CPI. Since Titan applies the ECI and other indices in addition to the cP I (Boston) to annually adjust its 024 cost, this cost component in the service fee could be expected to increase at a some- what faster rate than the O&M component in the other two projects which apply the Cpi (Boston) to adjust that component (or the base cost in the case of S.E.S.W.C.—C.E.A. project). • Energy Cost Inflation Fuel and power costs, lik other costs considered in this study, are difficult to predict twenty years into the future. Based on anticipated trends and taking into consideration that much of New England’s oil sup- ply is from foreign import sources, Cordian has estimated oil prices to inflate two percentage points above the assumed CPI inflation rate. Thus, in the high inflation scenario, oil prices are inflated at ten percent per year, and in the low inflation scenario, they inflate at eight per- cent per year. 36 GORDLAN ASSOCMTES INCORPORATED ------- In the case of the Bayside and N.E.S.W.C. projects, electricity will be sold to New England Power Company. That utility’s “average” fuel costs (combination of nuclear, fossil fuel and hydropower) varied considerably in 1978 and averaged under 16 mils/kwh. A price of 16 mils/kwh was assumed for 1979. This figure was escalated at ten percent until 1989 and nine percent thereafter on the high inflation scenario and eight percent until 1989 and seven percent thereafter in the low inflation case. The lower rates assume Increased nuclear power and coal utilization by the late 1980s and a slower rate of inflation in average fuel cost. The analysis was made before the recent price increases in imported oil. Until these increases, which are certainly not considered to be the expected rate of inflation of fuel prices each year, oil costs had been ‘ rather “soft” over the last few years. Fuel prices characteristically run farily level for a few years then rise markedly and level off, and the effects of two or three years’ inflation are felt in that one period. The recent oil price increases, while elevating certain operating costs, have significantly increased the energy revenue projections for each project as well. These price increases are not reflected in revenue streams calculated by Gordian, since the cost analysis was based on data and conditions existing before the dramatic price changes. The cost in- creases (estimated increases in the case of New England Power Company) for fuel or electricity at the various energy markets are exhibited below: Bayside—Tjtan Old Price of Oil New Price of Oil Energy Markets or Average Power or Average Power U.S.M. Corp. $12.70/BBL $15.50/BBL NEPCO $ 0.158/kwh $ 0.18—. 19/kwh (Projected late 1979) N.E.S.W.C.—U.O.P . NEPCO $ 0.158/kwh $ 0.18—.]9/kwh (Projected late 1979) S . E. S . W. C . — c . E . A . Naragansett Electric Co. $14.60/BBL $17.50/BBL In addition, the multipliers, reflecting incremental fuel costs, which NEPCO will apply to average fuel costs when pricing electricity received from Bayside—Tjtan and N.E.S.W.C.—TJ.O.p. have increased as of March 1979 from 1.45 to 1.58 for on—peak power and 1.25 to 1.29 for off—peak power. 37 GORDIAN ASSOCIATES INCORPORp TED ------- The combined effect of increased multipliers and increased average fuel costs has a substantial positive effect on the price these projects would receive for electricity. It should be pointed out that these multi- pliers are adjusted annually and could change up or down by the time the projects commence operation and each year thereafter. • Economic Analysis for Bayside—Titan This project includes the following service fee components: Debt Service . This cost is a fixed annual payment based on the final investment costs and the cost of capital to make the investment. The pro- ject is proposed to be financed through the issue of industrial revenue bonds by an Industrial Development Financing Authority. The asswned inter- est rate on the investment has been seven and one—half percent; however, the final rate could be higher or lower than this figure. Recently, Titan has explored a private leveraged financing arrange- ment similar to the N.E.S.W.C.—U.O.P. project. If such a financing arrange- ment could be secured, it could lower the effective annual interest rate for the investment. The annual debt service fee will be spread over the contract co=unity tonnage. Therefore, it is important to maximize this tonnage, within the capacity limits of the project, to minimize the “net cost per ton” to con- tract communities. Annual Operating Maintenance Cost (O&M) . At the time of this analy- sis, this cost category included “variable” and “fixed” components. It is our understanding that, although the O&M cost obviously includes fixed and variable elements, a fixed O&M cost will be provided in the final con- tract negotiated with the contract communities. An amount will be set, and this figure will be adjusted by the specific indices which Titan will apply to determine the new annual cost. This arrangement is similar to the N.E.S.W.C.—U.O.P. and S.E.S.W.C.— C.E.A. projects; however, they use the Consumer Price Index for the Boston Metropolitan Area and the Bayside—Titan contract specifies four separate indices. An adjustment factor will also be applied to take into considera- tion the fraction of the O&M costs which are labor dependent, maintenance dependent, vehicle owning and operating dependent, and an “other” category for the remainder of the costs. The adjustment factors will be reviewed by independent certified public accountants within eighteen months after the effective date of commercial operation and every three years there- after to determine their vaildity of need for revision. Inflation would have a marked impact an O&N costs. These costs, like debt service costs, will be spread over the contract community tonnage; therefore, again, it is important to maximize this tonnage in order to minimize the “net cost per ton.” 38 GORDIAN ASSOCIATES INCORPORATED ------- Trustee Payment . This is the cost to the bank which serves as the trustee for the monies to be paid from the various funds and accounts. This cost is expected to be on the order of $1O,000—$20,000 per year and represents a minor cost ($.05—$.1O per ton) to coi iunities when spread over all tonnage. Taxes and Assessments . This would be the cost for any taxes, special fees, or assessments which might be levied on the plant. The project developers have indicated that they are not aware of any costs in this category at this time; however, there could be future levies, which, if charged to the project, would be spread over contract coim unity tonnage. For purposes of this analysis, we have not assumed costs in this category. yment to Reserves . This cost would accrue if the project developers were required to draw down reserve funds (i.e., the O&M reserve for the USM power plant or the debt service reserve) to cover costs of required payments or maintenance to keep the project viable, in the event revenues were not sufficient. The reserves represent protection for the bondholders and the co=un— ity. It is not anticipated that a cost will develop in this category, and for purposes of this analysis no cost is assumed. Amortization of TEOSI Capital Infusion . This is payment which could be required of contract co nunitjes to cover any costs and expenses which the Titan operator (Titan Environmental Operating Services, Inc.) might incur in the plant or landfill or for permits, licenses, training and testing costs, insurance for plant or landfill, legal costs, engineering or contractors fees, and certain other costs and expenses incurred on and after the date that the Trustee receives the proceeds of the intia]. issue of the bonds, insurance or other funds available for such purpose under the trust agreement. However, “Capital Infusion” does not include any of the costs noted which are incurred in connection with the performance of work for which TEOSI has quoted a fixed or guaranteed price as long as TEOSI has been paid the price quoted. The project developers have indicated that this cost category is expected to be zero, and for purposes of this analysis, we have not exiai— bited a cost for this element. Counjtjes should be cognizant, however, that this category includes a broad range of potential costs or expenses, some of which could accrue beyond the limits of the bond proceeds or guaranteed prices. Therefore, a cost could develop in this category and be reflected in the service fee once the plant coences operation. Alteration Reserve Payment . The alteration reserve payment is a fixed fee of 5O per ton of solid waste delivered to the project. It will be 39 GORDIAN ASSQCLo TEs INCORPORATED ------- retained in an interest bearing fund for application to any costs and ex- penses which might be incurred for alteration or modification of the pro- ject in the future. This fund could be used for elective alterations as well as necessary alterations, due to damage or destruction. If the fund is never used or if only part of it is used, and there are no monies owed to TEOSI, the contract communities will share all the funds remaining in this account at the expiration of the contract. Host Community Fee . This is a “payment in lieu of taxes” to the community in which the plant is sited. The cost category is similar to the other two projects. In this case, the host community is the City of Beverly. The payment is set at $1.25 in the start—up year and is adjusted annually by the Consumer Price Index for the Boston Metropolitan area. The fee in this project is assessed only on the tonnage which is processed through the plant, but the payment is spread over all contract community tonnage delivered. Therefore, the fee, as a cost per ton, could be some- what less than the set amount. For example, assume 182,500 tons/yr. of contract community tonnage delivered, but only 164,250 tons/yr. actually processed through the plant in 1982, with the Host Community Fee set at $i.25/ton. The cost per ton to communities is then: 164,250 tons/year $1.25/ton x = $l.13/ton 182,500 tons/year Landfill Location Levies . These fees represent the costs the plant operator, TEOSI, might have to pay for the right to landfill residue and raw refuse in a particular community. The fees would be paid to the com- munity. Titan anticipates levies of $1.00/ton for each ton of raw refuse landfifled and $.50/tori for each ton of residue landfilled. The actual fees could be higher or lower or, perhaps, no levies would be imposed. For the purposes of this analysis, we have applied the fees which Titan anticipates. Excess Tonnage Landfill Cost . This is the incremental cost of accept- able tonnage delivered to the resource recovery plant or landfill during a month when the aggregate tonnage of acceptable waste from all customers exceeds the processing capacity of the resource recovery plant. The actual cost represents the cost which TEOSI incurs in transporting and disposing of the excess tonnage at a landfill. The excess tonnage cost is applied as follows: When the aggregate tonnage of acceptable waste from all long—term customers is greater than 1750 tons for any three day period, Monday—Wednesday or Thursday—Saturday, whichever is the case, the excess is noted and at the end of the month, the incremental costs of transporting and landfilling such excesses are applied to the excesses and spread over the aggregate tonnage from all long—term customers. In this manner, a contract community pays for a 40 GORDL j. ASSOCIATES INCORPOr ATED ------- portion of all excess tonnage delivered regardless of whether it was de- livered by that community or not. On the other hand, a community benefits from a share of the recovered resource revenues from all sources. Oil Cost During Downtime . This cost accrues when TEOSI must burn fuel oil to supply steam and electricity to the USM Corp. during periods of down- time when the plant cannot burn processed solid waste to generate steam and electricity. Revenues are received during this period, thus there is an offset on the oil cost. Titan estimates burning about 10,715 barrels of oil per year during its estimated ten percent downtime period. Recovered Resource Credits . The recovered resource credits stream includes credits for electricity and steam sold to the USM Corporation, electricity sold to the New England Power Company, and ferrous metals sold to the detinning industry (Vulcan Materials Company). The first year’s (1982) resource recovery credits will be provided from a special fund as part of the capitalized proceeds from the bond issue. The amount of this fund is expected to be about $2.4 million. This amount would be shared among contract communities in the first year. In subse- quent years, the communities share eighty—five percent of the actual reve- nues from the previous year and receive a double payment covering the revenues from the last two years in the final project year. This has been arranged for conmiunity budgeting purposes. It is important to point out that the project will receive a minimum energy payment from USM based on the price of displaced fuel oil. The pricing arrangement for electricity sales to NEPCO is discussed in the “Other Considerations” section of this report. The project developers have indicated that the ferrous metal purchase contract will contain a guaranteed “floor” or minimum price of $25.00/ long ton (2240 lbs.) and a long—term selling arrangement; however, that proposed contract was not made available for this analysis. This product is proposed for marketing to detinning plants. The nearest locations of these plants are in Delaware, Maryland, and Pennsylvania; thus, a substan- tial transportation expense will be incurred. Therefore, the minimum net (F.O.B. plant) credit per ton and duration of contract are uncertain. This credit represents only about five percent of the total credit stream. The energy credits, in particular, will be very sensitive to inflation, the price of oil and NEPCO power, and the amount of solid waste that is burned. If oil costs increase markedly over the next 20 years and the plant operates successfully with minimum downtime, revexiues from steam and power could reduce the gross service fee substantially. Constructive Tax Ownership Credit . This is a credit which is realized by TEOSI being able to claim tax ownership of the plant. Under this arrang- ement, TEOSI is able to shield part of its income by claiming a “depreciation expense” on the plant in its income statement. The project’s depreciable 41 GORDIAN ASSOCIATES INCORPORATED ------- assets, plant capital and construction financing will be treated as an expense by TEOSI, and fifty percent of the tax savings will be shared with contract éonnnunities. An example of how this credit is applied follows: Assumptions : Annual Contract Community Tonnage — 185,000 Depreciable Assets — $20,000,000 Straight Line Depreciation for 20 years — $20,000,000 No salvage value 20 years Depreciation per year — $1,000,000 TEOSI Annual Income — $400,000 - TEOSI “Taxable” Income After Depreciation — 0 TEOSI Income Bracket — 48% TEOSI Tax Savings — .48 x 400,000 — $192,000 Contract Community Share (50%) — $96,000 or $96,000 = $ 52/ton 185,000 tons Interest on Reserves . A credit accrues from interest earned on the various reserve fund accounts which are established as part of the trust agreement. These funds include the debt service reserve, the operations and maintenance reserve, and the service fee credit fund. There will be a restriction on the kinds of securities these funds can be invested in; and thus, there is uncertainty as to the interest rates that will be realized from these investments. An interest rate of-seven percent has been assumed in this analysis. 42 GORDIAN ASSOCIATES INCORPORATED ------- $ 9.36/ton $ ll.22/tori $ O.O8/ton 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 2 2.49/ton ($ l2.08/ton) $ 0.82/ton ($ 9.57/ton) 0 0 $ 12.92/ton $ 9.36/ton $ 11.22/ton $ 0.08/ton 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 2 2.49/ton ($ l2.81/ton) $ 0.82/ton ($ 10.19/ton) 0 $ 9.36/ton $ 11.22/ton, $ 0.08/ton 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 22.49/ton ($11.96/ton) $ 0.81/ton ($ 9.48/ton) 0 0 S 9.36/ton $11.22/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 22.49/ton ($ 12.70/ton) $ 0.81/ton (5 10.11/ton) 0 Revised Formula 1979 TITAFI Estimated Service Fee Ranaes Scenario I (High Case A ( Low To ) Cost Inflation ) Case B (High Tonnage) Meiiiber Tonnage (TPY) 182,500 182,500 Private Tonnage (TPY) 0 17,500 182,500 182,500 Total Annual Tonnage (TPY) 182,500 200,000 182,500 17,500 200,000 Scenario II (Moderate Cost Inflation ) Case A Case B (Low Tonnage) (High Tonnaue) 0 0 0 0 Net Annual Debt Service Annual 0&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Comunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Coninunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit lund Net Cost to Contract Coninunity 0 0 0 $ l 2 .30/ton 0 $ 13.01/ton $ l2.38/ton ------- TITAN Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Conmuni ty Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Nd Cost to Contract Colilmrnity $ 13.50/ton $ 15.14/ton $ 0.08/ton 0 0-’ 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 30.55/ton ($13.15/ton) 0 (513.15/ton) 0 ($ 3.51/ton) $ 13.89/ton $ 13.50/ton $ 15.14/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 30.55/ton ($13.15/ton) 0 $ 13.15/ton 0 3.51/ton) $ 13.89/ton $ 13.50/ton $ l 4 .22/ton $ 0.08/ton 0 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 29.63/ten ($ 13.15/ton) 0 (5 13.15/ton) 0 (5 3.51/ton) $ 12.97/ton $ 13.50/ton $ 14.22/ton $ 0.08/ton 0 $ 0.50/ton $ 1.13/ton $ 0.20/ton 0 $ 29 . 63 fton (5 13.15/ton) 0 ($ 13.15/ton) 0 ($ 3.51/ton) $ l?.97/ton Revised Formula 1982 Estimated Service Fee Ranaes Scenario I (High Case A (Low Tonnage) Cost Inflation) Case B (j-Iigh Tonnage) Member Tonnage (TPY) 182,500 182,500 182,500 182,500 Private Tonnage (TPY) 0 17,500 0 17,500 Total Annual Tonnage (TPY) 182,500 200,000 182,500 200,000 Scenario II (Moderate Cost Inflation ) Case A Case B ( Low Tonnage ) (High Tonnage) Net Annual Debt Service Annual 0&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI CainLal InFusion Alteration Reserve Payment Host Con nunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: ------- $ 12.72/ton $ 23.26/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.78/ton $ 0.20/ton $ 0.03/ton $ 38.57/ton ($ 21.09/ton) $ 1.66/ton (5 l6.52/ton) ($ .70/ton) ( 5 1.16/ton) $ 2 0.82/ton $ 12.72/ton $ 23.26/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.78/ton $ 0.20/ton $ 0.03/ton $ 38.57/ton ($ 21.73/ton) $ 1.66/ton (5 17.06/ton) ($ .72/ton) ($ 1.19/ton) $ l9.60/ton $ 12.72/ton $ 19.53/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.59/ton $ 0.20/ton $ 0.02/ton $ 34.64/ton ($ 18.51/ton) $ 1.40/ton (5 14.54/ton) ($ .62/ton) ($ 1.02/ton) $ 18.46/ton $ 12.72/ton $ 19.53/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.59/ton $ 0.20/ton $ 0.02/ton $ 34.64/ton ($ 19.07/ton) $ 1.40/ton (5 15.02/ton) (5 .64/ton) (5 1.05/ton) $ 17.93/ton Revised Formula 1988 TITAN Estimated Service Fee Ranues Scenario I (High Cost Inflation ) Case A Case B ( Low Tonnage ) (Hiqh Tonnage) Member Tonnage (TPY) 193,700 193,700 193,700 193,700 Private Tonnage (TPY) 0 6,300 0 6,300 Total Annual Tonnage (TPY) 193,700 200,000 193,700 200,000 Scenario 11 (Moderate Cost Inf1ation Case A Case B (Low Tonnage) (High Tonnage) Net Annual Debt Service Annual 0&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves j Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Comunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Conmunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Conrnunity ------- Debt Service Cost $ 12.22/ton $ 31.16/ton $ 0.07/ton 0 0 $ 0.50/ton $ 2.40/ton $ 0.21/ton $ 0.15/ton 46.71/ton ($ 27.45/ton) $ 2.33/ton ($ 21.35/ton) (5 .90/ton) (5 1.49/ton) $ 22.97/ton $ 12.22/ton $ 31.16/ton $ 0.07/ton 0 0 $ 0.50/ton $ 2.40/ton $ 0.21/ton $ 0.15/ton $ 46.71/ton ($ 27.45/ton) $ 2.33/ton (5 21.35/ton) (5 .90/ton) (5 1.49/ton) $ 22.97/ton $ 12.22/ton $ 24.36/ton $ 0.07/ton 0 0 $ 0.05/ton $ 1.99/ton $ 0.21/ton $ 0.12/ton $ 39.47/ton ($ 22.59/ton) $ 1.84/ton (5 17.64/ton) (5 .75/ton) (5 1.23/ton) $ 19.85/ton $ 12.22/ton $ 24.36/ton $ 0.07/ton 0 $ 0.05/ton $ 1.99/ton $ 0.21/ton $ 0.12/ton $ 39.47/ton (5 22.59/ton) $ 1.84/ton (5 17.64/ton) ($ .75/ton) (5 1.23/ton) $ 19.85/ton TITAN Revised Formula Estimated Service Fee Ranoes Scenario I (High Case A 1992 (Low Tonnage) Cost Inflation) Case B (High Tonnage) Member Tonnage (TPY) 201,600 201,600 201,600 201,600 Private Tonnage (TPY) 0 0 0 0 Total Annual Tonnage (TPY) 201,600 201,600 201,600 201,600 Scenario II (Moderate Cost Inflation ) Case A Case B (Low Tonnage) (High Tonnage) 0 Net Annual I\nnual O&M Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI 0• ’ C I)ital Infusion Alteration Reserve Payment Host Coim unity Fee Landfill location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Coimiunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Cornunity 0 0 ------- Revised Formula TITAN Estimated Service Fee Ranges Case A (Low Tonnage) $ 11.06/ton $ 64.55/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 4.84/ton $ 0.26/ton $ 2.46/ton $ 83.74/ton $ 11.06/ton $ 64.55/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 4.84/ton $ 0.26/ton $ 2.46/ton $ 83.74/ton 11.06/ton 42.17/ton 0.07/ton 0 0 0 $ 0.50/ton $ 3.32/ton $ 0.26/ton $ 1.71/ton $ 59.09/ton $ 11.06/ton 42.17/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 3.32/ton $ 0.26/ton $ 1.71/ton $ 59.09/ton Gross Recovered Resource Credit less Oil Cost During Downtime Net Recovered Resource Credit to Coninlunity* Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Conulunlty** ($ 54.02/ton) $ 5.47/ton ($ 41.27/ton) ($ 1.08/ton) ($ 2.89/ton) $ 38.50/ton ($54.02/ton) $ 5.47/ton ($ 41.27/ton) ($ 1.08/ton) ($ 2.89/ton) $ 38.50/ton ( 5 37.10/ton) $ 3.59/ton (5 28.18/ton) ($ 1.08/ton) (5 1.99/ton) $ 27.54/ton ($ 37.10/ton) $ 3.59/ton ($ 28.48/ton) ($ 1.08/ton) (5 1.99/ton) $ 27.54/ton * Additional credits accrue in 2002 due to lagged payment arrangement for comunity budgeting purpose ($ 47.16/ton) C$ 47.16/ton) ($ 31.93/ton) ($ 31.93/ton) 2002 Scenario I (High Cost Inflation ) Case B (High Tonnage) Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) 222,700 0 222,700 222,700 0 222,700 222,700 0 222,700 222,700 0 222,700 Scenario II (Moderate Cost Inflatior Case A (Low Tonnage) Case B (High Tonnage) Net Annual Debt Service Annual 0&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment f host Comunity Fee L uuI1i11 Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: $ ** Other credits will also be realized in 2002 from the distribution of reserve funds to contract coniTiunities. ------- TABLES REFLECTING O&M COSTS INFLATED BY TITAN’S OLD FORNULA PRIOR .10 NARCH REVISION , A recent change in the escalation formula for Titan’s O&M costs has resulted in a slower projected inflation rate for the O&M costs. The following tables are provided using the original escalation fori iula. As this method of escalation will not beapplied, these tables should only be used for the sake of coxnparisčn and in no way represent the projected O&N costs. 4 8 GORDIAN ASSOCIATES INCORFORATEL ) ------- Net Annual Debt Service Annual 0&M Cost Payitient to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment 1-lost Comunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Cornunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Conununity Old Formula 1979 TITAN Estimated Service Fee Ranues Scenario I (High Cost Inflation ) Case A Case B (Low Tonnage) (Hiqh Tonnaqe) Member Tonnage (TPY) 182,500 182,500 182,500 182,500 Private Tonnage (TPY) 0 17,500 0 17,500 Total Annual Tonnage (TPY) 182,500 200,000 182,500 200,000 Scenario II (Moderate Cost Inflation Case A Case B (Low Tonnage) (High Tonnage) $ 11.22/ton $ 11.22/ton $ 11.22/ton $ 11.22/ton $ 0.08/ton $ 0.08/ton $ 0.08/ton $ 0.08/ton 0 0 0 0 O 0 O 0 0 0 0 0 $ $ $ $ 0.50/ton 1.13/ton 0.20/ton 0 22.49/ton 12.08/ton) 0.82/ton 5 5 $ $ ($ $ 0.50/ton 1.13/ton 0.20/ton 0 22.49/ton 12.81/ton) 0.82/ton 5 S $ $ 0.50/ton 1.13/ton 0.20/ton 0 22.49/ton 11.96/ton) 0.81/ton 5 $ $ $ 0.50/ton 1.13/ton 0.20/ton 0 22.49/ton (5 5 12.70/ton) 0.81/ton (S $ ($ $ (5 9.57/ton) (5 10.19/ton) ($ 9.48/ton) ($ 10.11/ton) 0 0 0 0 0 0 0 0 12.92/ton $ 12.30/ton $ 13.01/ton $ 12.38/ton ------- TITAN Old Formula Estimated Service Fee Ranoes Scenario I (High Cost Inflation) Scenario II (Moderate Cost Inflation Case A Case B Case A Case B 198? ( Low Tonnage) j jgh Tonnaq ( Low Tonnage ) (fflg Tonnage) Member Tonnage (TPY) 182,500 182,500 182,500 182,500 Private Tonnage (TPY) 0 17,500 0 17,500 Total Annual Tonnage (TPY) 182,500 200,000 182,500 200,000 Net Annual Debt Service $ 13.50/ton $ 13.50/ton $ 13,50/ton $l3.50/ton Annual 0&M Cost $ 15.27/ton $ 15.27/ton $ l4.30/ton $ l 4 .30/ton Payment to Frustee $ 0.08/ton $ 0.08/ton $ 0.08/ton $ 0.08/ton Taxes and Assessment 0 0 0 Ô Payment to Reserves 0 t’l 0 0 Amortization of TEOSI Capital Infusion 0 0 0 Alteration Reserve Payment $ 0.50/ton $ 0.50/ton $ 05O/ton $ 0.50/ton Host Conniunity Fee $ 1.13/ton $ 1.13/ton $ 1.13/ton $ l.13/ton Landfill Location Levies $ 0.20/ton $ 0.20/ton $ 0.20/ton $ O.?0/ton Excess Tonnage Landfill Cost 0 0 0 0 Gross Service Fee $ 30.68/ton $ 30.68/ton $ 2 9.71/ton $ 29 .71/ton Less: Gross Recovered Resource Credit ($ 13.15/ton) ($ 13.15/ton) ($ l3.15/ton) ($ 13.15/ton) Less Oil Cost During Downtime 0 0 0 0 Net Recovered Resource Credit to Coniiiunity ($ 13.15/ton) ($ 13.15/ton) ($ 13.15/ton) ( 5 13.15/ton) Constructive Tax Ownership Credit 0 0 0 0 Interest on Recovered Resource Credit Fund ($ 3.51/ton) (5 3.51/ton) ($ 3.51/ton) ($ 3.51/ton) Net Cost to Contract Corwnunity $ 14.02/ton $14.02/ton $ l3.O /ton $13.05/ton ------- Net Annual Debt Service Annual 0&M Cost $ 12.72/ton $ 24.20/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.78/ton $ 0.20/ton $ 0.03/ton $ 39.51/ton ($ 21.09/ton) $ 1.66/ton ($ 16.53/ton) ($ .70/ton) ($ 1.16/ton) $ 21.13/ton $ 12.72/ton $ 24.20/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.78/ton $ 0.20/ton $ 0.03/ton $ 39.51/ton ($ 21.73/ton) $ 1.66/ton ($ 17.06/ton) ($ .72/ton) ($ 1.19/ton) $ 20.54/ton $ 12.72/ton $ 19.96/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.59/ton $ 0.20/ton $ 0.02/ton $ 35.07/ton ($ 18.51/ton) $ 1.66/ton ($ 14.54/ton) ($ .62/ton) ($ 1.02/ton) $ 18.89/ton $ 12.72/ton $ 19.96/ton $ 0.08/ton 0 0 0 $ 0.50/ton $ 1.59/ton $ 0.20/ton $ 0.02/ton $ 35.07/ton ($ 19.07/ton) $ 1.40/ton ($ 15.02/ton) ($ .64/ton) ($ 1.05/ton) $ 18.36/ton O d Formula 1988 Estimated Service Fee Scenario I (High Cost Ranoes Inflation) Scenario II (Moderate Cost Inflation Case A Case B (Low Tonnage) (High Tonnage) Case A Case B (Low Tonnage) (High Tonnage) Member Tonnage (TPY) 193,700 193,700 193,700 193,700 Private Tonnage (TPY) 0 6,300 0 6,300 Total Annual Tonnage (TPY) 193,700 200,000 193,700 200,000 Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Coninunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Comiunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Con nunity ------- $ 12.22/ton $ 33.44/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 2.40/ton $ 0.21/ton $ 0.15/ton $ 48.99/ton ($ 27.45/ton) $ 2.33/ton ($ 21.35/ton) (5 .90/ton) (5 1.49/ton) $ 25.25/ton $ 12.22/ton $ 33.44/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 2.40/ton $ 0.21/ton $ 0.15/ton $ 48.99/ton ($ 27.45/ton) $ 2.33/ton ($ 21.35/ton) ($ .90/ton) (5 1.49/ton) t 25.25/ton $ ;12.22/ton $ 25.33/ton $ 0.07/ton 9 a $ 0.50/ton $ 1.99/ton $ 0.21/ton $ 0.12/ton $ 40.44/ton ($ 22.59/ton) $ 1.84/ton (5 17.64/ton) (5 .75/ton) (5 1.23/ton) $ 20.82/ton $ 12.22/ton $ 25.33/ton $ 0.Q7/ton 0 0 0 $ 0.50/ton 4 1.99/ton $ 0.21/ton $ 0.12/ton $ 40.44/ton ($ 22.59/ton) $ 1.84/ton ($ 17.64/ton) (5 .75/ton) (5 1.23/ton) $ 20.82/ton Old Formula 1992 TITAN Estimated Service Fee Rancies Scenario I (High Case A ( Low Tonnage ) Cost Inflation) Case B (High Tonnage) Member Tonnage (WY) 201,600 - 201,600 201,600 201,600 Private Tonnage (TPY) 0 0 0 0 Total Annual Tonnage (TPY) 201,600 201,600 201,600 201,600 Scenario II (Moderate Cost Inflation Case A Case B (Low Tonnage) (High Tonnage) Net Annual Debt Service Annual 0&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Con.iiunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: Gross Recovered Resource Credit Less Oil Cost During Downtime Net Recovered Resource Credit to Coninunity Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Comunity 0 ------- Old Formula TITAN Estimated Service Fee Ranges $ ll.06/ton $ 78.27/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 4.84/ton $ 0.26/ton $ 2 .46/ton $ 97.46/ton $ ll.06/ton $ 78 .27/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 4.84/ton $ 0.26/ton $ 2.46/ton $ 97.46/ton $ 11.06/ton $ 46.43/ton $ 0.07/ton 0 0 0 $ 0.50/ton $ 3.32/ton $ 0.26/ton $ 1.71/ton $ 63.35/ton $ 11.06/ton $ 46.43/ton $ 0.07/ton 0 0 0 S 0.50/ton $ 3.32/ton $ 0.26/ton $ 1.71/ton $ 63.55/ton Gross Recovered Resource Credit Less Oil Cost During Downtime i’let Recovered Resource Credit to Community* Constructive Tax Ownership Credit Interest on Recovered Resource Credit Fund Net Cost to Contract Coniuunlty ($ 54.02/ton) $ 5.47/ton ($ 41.27/ton) ($ 1.08/ton) (5 2.89/ton) $ 52.22/ton ($ 54.02/ton) $ 5.47/ton ($ 41.27/ton) ($ 1.08/ton) ($ 2.89/ton) $ 52.22/ton ($ 37,10/ton) $ 3.59/ton (5 28.48/ton) ($ 1.08/ton) ($ 1.99/ton) $ 31.80/ton (5 37.10/ton) $ 3.59/ton ($ 28.48/ton) ($ 1.08/ton) ($ 1.99/ton) $ 31.80/ton * Additional credits accrue in 2002 due to lagged payment arrangement for Community budgeting purpose. (5 47.16/ton) ($ 4 7.16/ton) ** Other credits will also be realized in 2002 from the distribution of reserve funds to contract communities. 2002 Scenario I (High Cost Inflation ) Case A Case B ( Low Tonnage ) (High Tonnage) Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (1PY) 222,700 0 222,700 222,700 0 222,700 222,700 0 222,700 222,700 0 222,700 Scenarin IT (Moderate Cost Inflatjcj Case A Case B ( Low Tonnage ) (High Tonnage) Ilet Annual Debt Service Annual O&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Community Fee L ndfi1l Location Levies Excess Tonnage Landfill Cost Gross Service Fee Less: ($ 31.93/ton) (S 31.93/ton) ------- TitarI 1. Annual Debt Service Total bond issue in July 1979 is assumed to be $27,608,000. For a July startup date, 1976 bond issue of $19,254,400 is assumed. Debt service: 20 year bond at 7— l/2% interest, semi—annual payments. Gross Annual Debt service: (.091318) for 1979 startup: $1,873,800/year for 1982 startup: $2,686,800/year Less: Interest on Debt Service and 0&N Reserve Fund In 1979 interest (1,873,800 + 500,000) x .07 = $166,166. In 1982 interest = (2,686,800 + 500,000) x .07 = $223,076. For all years after 1982 interest = $223,076. Net Annual Debt Service: In 1979 $1,873,800 —$166,166 = $1,707,634 1,707,634 — 182,500 = $9.36/ton In 1982 $2,686,800 —$223,076 = $2,463,724 2,463,724 ÷ 182,500 $13.50/ton 1976 capital cost estimate: Total Cost: $14,746,511 (Titan data) Landfill 1,599,000 (2,000,000 ÷ 1.2508) EPA Sewer Construction Cost Index Beverly USM Implementation 75,000 (Titan) Legal Fee: 75,000 (Titan) Maintenance Reserve: 500,000 (Titan) 16,995,511 Debt Service Reserve: 1,873,800 (.097318 x bond issue) Underwriting Cost: 385,088 (.02 x bond issue) Total Bond Issue: $19,254,400 54 ------- 2. Annual O&M Cost Cost Inflator Estimates High Inflation Moderate Inflation CPI 8% 6% ECI 9% 7% Vehicle costs 9% 7.5% M&S (steam power) 8.5% 6.5% For July 1979: Labor $1,010,800 Standby Power 15,000 Vehicle lease 81,700 Operating supplies 28,400 Vehicle fuel 8,700 Water 6,000 Insurance and bonding 150,000 Power plant maintenance 58,000 Facility upkeep 20,700 Office supplies 5,200 Miscellaneous 12,400 Overhead 150,000 Reserve 75,000 $1,621,900 Processing Plant Maintenance Fee $ 175,200 Fee 136,900 i 621,90o $ 1,934,000 Landfill: Compactor $ 38,900 Fuel 20,600 Truck lease 12,500 Fuel 10,300 Cover 20,800 Miscellaneous 10,300 $1,934,000 $113,400 113,400 TOTAL O&M $2,047,400 Per Ton Cost $ll.22/ton 55 ------- For 1982: Fractio of 0&M that is .J .ab6r related (w): .49 Fraction of 0&N that is maintenance related (in): .12 Fraction of 0&M that is vehicle related (v): .08 Fraction of 0&M that is other related (u): .31 (0&M) (0&M)i x x (0&M) — 2,047,400 L M V n n n YwL 1 +mM 1 +vV + T Q = ( Yn ) 1/2 n (Yn-1) 1982 Scenario I = (i.0:) = 1.3 = (1:O85) = 1.28 = (1.09) n = ( 1.08 ) 1 26 1.30 Ui 1 - . Y .64 + .15 + .11 + .39 = 1.29 n = ( : )“ = 1.046 0&M 1982 = $2,047,400 x 1.29 x 1.046 = $2,762,600 1982 Scenario II N V U L n n n — = 1.23 N = 1.21 V = 1.24 U = 1.19. Y = .6 + .15 + .1 + L i i I n .37 = 1.22 56 ------- = ( )1/2 1.039 0&M 1982 = $2,047,400 x 1.22 x 1.039 = $2,595,200 Original equation for Q (no longer being used): Qn = 1 ÷ 1/2 An Example using this original equation is as follows: 1982 Scenario II = .6 + .15 + .1 + .37 = 1.22 1.13 Q = 1 + 1/2 (1.22—1.13) = 1.045 1982 0&}i = $2,047,400 x 1.22 x 1.045 = $2,610,230 57 ------- Year Scenario I Scenario 11 1981 1982 1987 1988 1991 1992 2001 2002 1.18 1 .29 1 .94 2.11 2.70 2.94 6.21 6.74 1.13 1.22 1.68 1.79 2.17 2.32 4.16 4.44 Ui L /L 1 M /M Vn/V 1 U /tJ 1 L /L M /M V/V. U /u 1 1981 1.19 1.18 1.19 1.17 1.14 1.13 1.16 1.12 1982 1.30 1.28 1.30 1.26 1.23 1.21 1.24 1.19 1987 1.99 1.92 1.99 • 1.85 1.72 1.65 1.78 . 1.59 1988 2.17 2.08 2.17 2.00 1.84 1.76 1.92 1.69 1991 2.81 2.66 2.81 2.52 2.25 2.13 2.38 2.01 1992 3.07 2.89 3.07 2.72 2.41 2.27 2.56 2.13 2001 6.66 6.02 6.66 5.44 L43 4.00 4.91 3.60 2002 7.26 6.53 7.26 Y n 5.87 4.74 4.26 • V n 5.28 3.82 ------- 3. Payment to Trustee: Payment to trustee is assumed to be $15,000/year and remains fixed throughout the project. .4. Alteration Reserve Payment: Alteration reser ’e payment is set at S.50/t n for the life of the project. 5. Host Community Fee: The host community fee is set at $1.25/ton in 1932 for each ton that is processed. Host community fee in 1979 and 1982, Case A: (1.25 x 164,250) + 182,500 = S1.13/ton The fee is escalated by the CPI. Host Community Fee (S/ton) 1982 1988 1992 2002 Scenario I $1.25 $1. 98 $2.69 $5.81 Scenario 11 $1.25 $1.77 $2.23 S3.99 Tonnage Processed (TPY) Year Member Case A Private Total Member Case B Private Total [ 979 164,250 0 164,250 164,250 14,250 1982 164,250 0 164,250 164,250 14,250 178,500 1988 173,850 0 173,850 173,850 4,650 178,500 1992 179,500 0 179,500 179,500 0 178,500 2002 185,500 0 185,000 185 .5OO 0 179,500 185,500 59 ------- 6. Landfill Location Levies This cost is levied ata rate of $0.50/ton of incinerator residue and $1.00/ton of raw refuse. Incinerator residue is assumed tobe .22’4 of raW refuse. 10% downtime for the rojéát is aiso assumed. Excess Member tonnage that is bypassed is landfilled . Excess Member Tonnage Year ( TPY) - 1979 0 1982 0 1988 480 1992 1,940 2002 14,930 For 1988: Downtime tonnage - 19,370 tons/year Excess member tonnage - 480 tons/year Member residue - 38,942 tons/year Landfill location levy: (19,370 + 480) x $1.00/ton + 38,942 x $0.50/ton $39,321 $39,321 — 193,700.= $0.20/ton 7. Excess Tonnage Landfill cost: Cost/ton = x Zn x $5.00/ton in JulyL1979 L V U 1 fl fl Zn wI tT +v’ =u w’ .25 v’ = .60 = .15 60 ------- Recovered Resource Credit : Recovered resource credit = (energy credit - Oil Cost During Downtime + Ferrous metal credit) x .85 a. Energy Revenues Comunjties receive 85% of the recovered resource credit generated by the facility for every year except 1982, when they receive 100% of the re- source credit fund of $2,400,000 and 2002, when they receive 85% of the revenues for both 2001 and 2002. For all other years credits represent 85% of the previous year’s revenues. Energy to New England Power Company (NEPc0) is valued at $0.015/Kwh In 1979. It is escalated in Scenario I at 9% per year through 1988 and 8% per year thereafter. In Scenario II it escalates at 7% through 1988 and 6% after that. Titan’s multiplier is assumed to be 1.32. For 1988 Case $0. 421/Kwh A Scenario I: x 44,000,000 Kwh $1,852,400 from NEPCO Minimum LJSM Payment 1979 1987 1991 2001 2002 Scenario I $1 ,l59,510 $2,014,400 $2,590,800 $5,490,900 $5,962,700 Scenario II $1,138,760 $1,770,800 $2,150,500 $3,811,800 $3,935,400 Assumed Energy to NEPCO (Kwh x 106) Assumed Revenue/Kwh to Titan ($/Kwh) Case A 41.1 44.0 46.75 50.0 50.0 1979 1987 1991 2001 2002 Case B 46.75 46.75 46.75 50.0 50.0 Scenario I $ .0211 $ .0421 $ .0577 $ .1246 $ .1345 Scenario II $ .0211 $ .0363 $ .0462 $ .0828 $ .0878 61 ------- USM payment is escalated at 10% per year for Scenar io I and 8% per year in Scenario II. Energy credit for 1988 Scenario I Case A: $1,852,400 + $2,014,400 = $3,866,800 b. Oil Cost During Downtime : It is assumed that 10,715 barreisof ’oil ’ŕre required during downtime. Oil costs are escalated at-8% and lO% rye’a from $12.70/barrel in 1978. In 1988 Scenario I: 10,715 x $29.95/barrel $320 .9i4- The values for L V , and n are phe same as those used to calculate L V U. the O&M costs. (z\˝ R Zn Year Scenarib I Scenario II 1981 1.19 1.15 1982 1.29 1.23 1987 1.97 1.74 1988 2.14 1.87 1991 2.77 2.29 1992 3.02 2.46 2001 6.48 4.59 2002 7.O 4.93 For 1978 Scenario I: Z 2.14 z 1.97 Ti—i R 1.042 n 62 ------- Excess tonnage cost = $5.00 x 2.14 x 1.042 = $11.55/ton $11.15/ton x 480 tons/year = $5,352/year. $5,352/year ÷ 193,700 = $0.03/ton c. Ferrous Metal Credit : Six percent of the processed tonnage is assumed to be ferrous metal. System efficiency 90%. Revenues from recovered ferrous = $20.00/ton in 1979. Revenues escalate at 2% per year. Comunitjes receive 85% of ferrous revenues. For 1988 Case A: 172,100 tons/yr. x .06 x .9 x $23.43 = $217,744 d. Net Recovered Resource Credit to Cortviiunity for 1988 Case A Scenario I : Energy Credit = $3,866,800 Oil Cost = $320,914 Ferrous Credit = $217,744 $3,866,800 + $217,744 - $320,914 = $3,763,630 Comunity Credit: .85 x $3,763,630 = $3,199,086 193,700 = $16.52/ton Constructive Tax Ownership Credit : Assume $20,000,000 in depreciable assets, straight line depreciated over 20 years = $l,000, 0 00/yr. For tax purposes this is an expense against Titan’s income. Fifty percent of tax savings is shared with communities. Assumed tax bracket - 48%. For 1988 Case A Scenario I: Titan’s Income = 15% of net recovered resource credit ($3,763,000 x .15 = $564,000) Tax without Depreciation expense .48 x $564,000 = $270,700 Depreciation expense $1,000,000 Tax is therefore: so Tax Savings = $270,700 63 ------- Community Credit = . 5 x tax savings Men1b rJQnnage $270,700 x .5 = $0.70/ton 193,700 tons Interest on Recovered Resource Credit Fund : Assumed interest r te 7%. Interest on the credit fund is based on the net recovered resource credit minus Titan’s share 15%) . ‘Intč’rest on ch fund accrues for ‘one year and is paid out in monthly Installments. No interest is assumed for 1979 and 1982 as they represent the first years of operation. For all other years, interest is based on the previous year’s revenues. For 1988 Case A, Scenario 1: Recovered Resource Credit into fund in 1987 = $3,199,924 Interest on fund = .07 x $3,199,924 = $224,000 $224,000 ÷ 193,700 = $1.16/ton. 64 ------- • Economic Analysis for N.E.S.W.C.—TJ.O.P . This project includes the following service fee components: Annual Debt Service . This project is proposed to be financed under a private leveraged financing arrangement whereby nart (60—80%) of the capital cost is funded with industrial revenue bonds and part (20—40%) with private equity. This combined financing is a method applied to reduce the effective interest rate for the capital acquired. An effective interest rate of 3.4% has been assumed for this project, although the actual rate could be higher or lower. The debt service cost will be fixed for the 20 year contract period, and the cost will be spread over the contract community tonnage received. Since the tonnage could vary considerable, the per ton costs will not necessarily remain the same each year. The greater the member tonnage, the lower the per ton cost to contract communities. For example, one can see how this changes if we assume two annual contract community tonnages, say 558,000 tons/yr. (1800 tons/day) versus 775,000 tons/yr. (2500 tons/day), and an assumed annual debt service fee of $9,818,000. (a) $ 9 , 8 18,000/yr . 558,000 tons/yr. $17.59/ton (b) $ 9 , 8 1 8 ,000/yr . 775,000 tons/yr. = $12.67/ton It Is important that contract community totmage be maximized in order to minimize the per ton costs of debt service to communities. The project will require an Internal Revenue Service Ruling before actual construction, to determine the tax treatment on the private ownership compo- nents of the plant. The IRS could adjust, during the construction period, the tax treatment of the private investors. Any ruling considered adverse to the private investor(s) would necessitate higher payments to him to main- tain his required rate of return on investment. This would increase the fixed cost to communities, However, this financing method, as mentioned above, does have the advantage of lowering the effective de r cr rice cost to communities, as compared to a straight revenue Lond Too, a recent change in the tax laws has increased the invcstr iit x credit an additional five percent which will be an advantage both to private investors and the communities. Annual Operation and Maintenance Cost. (0&N) . This cost is guaranteed at $3,700,510 plus adjustment by the Consumer Price Index annually for the Boston area since March 1975. The CPI has averaged about 6.5 percent per year; thus, the figure has escalated approximately 26% over the last four 65 GORDIAN ASSOCIATES INCORPORATED ------- years. This guarantee does not include the costs for nan—fe rous metals recovery and would be adjusted for that addition. Since this cost is a guarantee adjusted by the CPI, it :s essentially fixed each year and spread over the contract community tonnaLe in a manner similar to the debt service. An an alysis similar to that prcsented in the previous section exhibits the importance of maximizing member tonnage so as to reduce the net costs per ton (assume 558,000 tons/yr. ‘s. 713,000 tons/yr. and the guaranteed $3,700,510 escalated 26%). (a) $4,662,643 558,000 tons/yr. = $8.36/ton (b) $4,662,643 = $6 54/ton 713,000 tons/yr. The effects of inflation will weigh heavily on this cost. over the years of plant operation. This cost will continue to escalate, as iming an infla- tionary trend in the economy, and by the startup year (1982), it could have increased over 45% at the present rate of inflation in the Bc3ton area. The effects of inflation are important in each project as is demc strated in the moderate and high inflation scenarios. Bonds and Insurance . This category includes the aggregate cost of insurance, bonds, fees, and Federal, State, and local taxes € cept for employee wage benefit taxes and income taxes. The amount will vary each year in view of insurance cost increases or decreases, variot.; fees or levies, and perhaps, certain taxes. Inflation will affect this cost, as inflationary trends in the economy would, most likely, cause increases in ;hese areas. This cost, however, Is estimated at only two to three percent of the total gross cost to communities. The above cost categories; debt service, operating and w.iintenance, and bond fees and insurance are considered the “Base Fee” and are placed In a single base fee fund established for that purpose. The ase fee is adjusted at the end of each year to determine a revised base 2ee per ton cost. Any excess In the base fee fund is distributed to the . ontract communities on a rata basis in accordance with their guartnteed tonnages. Host Community Fee . This project includes a host commun.ty fee (payment in lieu of taxes)which is passed through to North Andover in manner similar to the other two projects. Unlike the other two projects, ho ‘ever, this project’s host cotnmnity fee is fixed at $1.00/ton and does no. increase with the CPI each year. Residue Disposal Fee . This fee is the cost to transport and landfill residue and any raw refuse that might have to bypass the plan. or be landfilled. U.0.P. feels that no acceptable raw refuse will have to bypas the plant. There could be times, however, when some acceptable waste would hay to bypass the plant and be landfilled. 66 GORDIAN ASSOCIATES INCORPORATED ------- The residue and raw refuse disposal sites will be owned by the Common- Wealth of Massachusetts, which has proposed an experimental residue utiliza- tion program that could benefit any project generating an incinerator residue. U.O.P. will incur transportation costs to get any residue or raw refuse to the landfill and pay a tipping fee to the Commonwealth for the handling and disposal of these wastes. It is projected that the costs of residue disposal will increase significantly over the next few years as the costs of approved sanitary landfills increase and the effects of the Federal Resource Conservation and Recovery Act are felt. Much of the ul- timate disposal cost will depend upon the site(s) that are finally used for landfill and the modification needed to render them environmentally sound, the transportation costs, and the experimental residue utilization program and proposed residue marketing. The Commonwealth’s Department of Environmental Quality Engineering reviews residue disposal sites on a case by case basis and considers the quality of the residue when determining the need for daily cover and cer- tain other requirements. If daily cover of residue can be avoided, then residue disposal costs will be further lowered. The effects of residue disposal costs can be exhibited as follows. Assume 930,000 tons per year of contract community solid waste processed and 18% residue for disposal. Assume no marketing and costs of transportation and disposal to be $5.00/ton versus $8.0Q/to . The estimated cost to communities for the residue disposal component would be as follows: 930,000 x .18 = 167,400 167,400 tons/yr. x $5.00/ton . 930,000 tons = $ .90/ton 167,400 tons/yr. x $ 8 .00/ton 930,000 tons = $1.44/ton Credits . The sum of all the above elements represents the gross service fee or gross cost to communities before credits. The credit stream is comprised of an energy credit or electricity credit, a ferrous metals credit, a non- ferrous metals credit, and a private hauler tonnage credit. The project developers also propose to market incinerator residue. This analysis does not assume the marketing of residue or non—ferrous metals; therefore, credits are not reflected for these materials. Electricity Credit . The electricity revenue will accrue for all electricity sold. Contract communities will share 90% of this figure. tJ.0,P. guarantees a minimum electricity credit of $7.50 per ton of solid waste delivered. This figure will be lower if the average annual heating value of the raw refuse is less than 4200 Btus/lb. On the other hand, if the average annual heating value of the refuse is higher than this figure, the co=unities would receive a higher revenue, part of which would be in the form of a non—guaranteed energy credit. The negative impact of high inflationary periods on project costs may be offset considerably if energy values increase with the rate of inflation. This project is sensitive to the price of energy, as it will generate elec- tricity for sale to a utility. Increases in the cost of fule to energy markets will engender a positive effect on the net costs to contract communities. 67 GORDIAN ASSOCL TES INCORPORAT ------- Ferrous Credit . Ferrous metals will be recovered after Lncineration if the contract community representative feel it is desirable to do so. They are proposed for marketingtb Boston area scrap dealers for export. The project developers propose to upgrade the ferrous recovery system, including sizing and cleaning steps. T hey feel that this processing will enhance the marketability of the metals. Some’incineration p’ojects have experienced problems in “consistently” marketing post—incinerition recovered ferrous metals. While it is possible that the ferrius metals will bring higher prices than expected for Incinerated ferrou , local scrap dealers are usually not prone to signing long—term cont acts for this product. Therefore, neither a steady price nor an outlet is assur id. Contract communities receive 100% of the first $15.00 per ton received from ferrous metals sales and 50% of the revenues from their sales in excess of $30.00 per ton. Other Product Revenues . The proposed service agreement requires U.O.P. to recover the aluminum if the contract community representative feel it is desirable to do so. The costs of aluminum recovery and other non- ferrous recovery have not been included in the operating costs shown in the service contract, and these products are not considered fr recovered product revenues as part of this analysis. A residue marketing program Is also proposed, but revenues from this product are not con tdered as part of this analysis. Private Hauler Credits . Private tonnage received by the plant which is not considered contract community tonnage yields a credit to the con- tract communities. While base costs are not spread over private tonnage directly, the gross costs to contract communities are reducer - indirectly through a formularized credit from private tonnage. Communities receive the private hauler tipping fees net after subtract- ing the host community fee, residue disposal costs, and certain cost and incentive payments to U.O.P. This formula is applied as follows: Net Private Fee Charged = fee charged private hauler tonnage minus: (1) the host community fee ($1.00/ton), (2) the residue dispc’sal cost per ton, (3) $1.00/ton for the first 3000 private tons received per calendar week, and (4) 25% of the full capacity premium for all private tons. The “full capacity premium” is the difference between the weighted average price per ton paid by private haulers and the service fee per ton which would be due if the plant were processing the guar .nteed plant capacity per year of contract community guaranteed tonnage w thout excess tonnage premiums or shortfall payments, but not less than zeo. 68 CORDIAN ASSOCIATES INCORPORATED ------- Taking a hypothetical example to demonstrate how the credit is derived, we assume: (1) Net Tipping Fee to Communities at 3000 tons/day (without private tonnage) $ 6.00/ton (2) Credits from electricity and ferrous metals $10.00/ton (3) Residue transport and disposal costs $ 1.00/ton (4) Host Community Fee $ 1.00/ton (5) Full. Capacity Premium $ 2.50/ton (6) Net Tipping Fee with only 2000 Tons/day of community tonnage $14.00/ton Private Fee = $6.00 + 2.50 = $ 8 .S0fton Net Private Fee = $8.50 — $1.00 — $1.00 —25% (2.50) on 1st 3000 tons/wk. of private hauler tonnage Net Private Fee = $4.87 Community Credit from each ton of private tonnage is then: $ 4.87 + $10.00 = $14.87 . If 2000 tons/day of contract community tonnage is guaranteed when 500 tons/day of private tonnage is delivered, then each community ton is credited: $14.87 x 500 2000 $3.72 Therefore: 2000 tons/day community tonnage plus 500 tons/day private tonnage yields: $ 14 .OO/tort — $3.72/ton = $10.28/ton. If 500 additional private tons/day were received bringing the plant up to capacity at 3000 tons/day, the additional credit would be as follows: $3.72+1.00x5 00 3 7 2000 So at full capacity, the net tipping fee is $10.28 — $3.97 = $6.31 . This is a hypothetical analysis which is based on assumptions; however, it is presented to exhibit the methodology and effect of the “private hauler credit.” Actual credits from private hauler tonnage could be much different than reflected above. 69 GORDL j’j ASSOCIATES INCORPORATED ------- N.E.S.W.C. - U.0.P. Estimated Service Fee Ranges Member Tonnage (TPY) Private Tonnage (TPY) Total I nnua1 Tonnage (TrY) Less: Recovered Resource Credit* Private Hauler Credit Net Service Fee 558,000 155,000 713,000 $13.90/ton $ 8.66/ton $ 0.52/ton $ 1.00/Ion $ 1.31/ton $25. 39/ton ($9.84/ton) ($4.09/ton) $11.46/ton’ 558,000 310,000 868,000 $13. 90/ton $ 8.66/ton $ 0.52/ton $ 1.00/ton $ 1.31/ton $25. 39/ton ($ 9.84/ton) ($ 8.46/ton) $ 7.09/ton 558,000 155,000 713,000 $13.90/ton $ 8.66/ton $ 0.52/I.on $ 1.00/Ion $ 1.31/ton $25.39/ ton ($ 9.84/ton) ($ 4.09/ton) $11.46/ton 558.000 310,001) 868,000 $13. 90/ton $ B.66/ ton $ fl.5?/ton $ 1 . (JO, I_f l) $ 1.3i/ton $25. 39/ion ($ 9.84/ton) ($ 8.46/ton) $ 7.09/ton 1979 Scenario I (High Cost/Inflation) Case A Case B ( low Tonna 1 ( High Tonnag 1 Scenario 1! (Moderate Cost/Inhlaljon) Case A Case B ( Low Tonnage ) (Hijjh_Tonnacje) Annual Debt Service Annual 0&M Cost Bonds & Insurance lbs I Couununi ty Fee Residue Disposal Fee Gross Service Ice * Includes estimated revenues from electricity and ferrous metals. ------- N.E.S.W.C. - lJ.0.P. Estimated Service lee Ranges Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Less: Recovered Resource Credil* Private Hauler Credit Net Service Fee ( Low Tonnag ) 558,000 155,000 713,000 $17.59/ton $10. 91/ton $ 0.66/ton $ 1.00/ton $ 1.65/ton 131 o ($12.51/ton) (5 5.10/ton) $14.20/ton j gh_Toni J 558,000 310,000 868,000 $17. 59/ton $10.91/ton S 0.66/ton $ 1.00/ton $ 1.65/ton $31. 8 1J ton ($12.51/ton) ($10.48/ton) $ 8.82/ton (Low_Tonna ej 558.000 155,000 713,000 517.59/ Ion $10. 32/ton S 0.61/Ion S 1.00/ton $ 1.57/Ion Q9Ltos C $11. 92/ ton) ($ 4.99/ton) $14.18/ton (Iliyh_Tonna jc) 558,000 310,000 868,000 $17.59/ton $10. 3./Inn S 0.(iI/Ion 1. I . 00/I on 1 1.57/ton $3 1.on/Ioii ($11.92/ton) ($10.26/ton) $ 8.91/ton 1982 Scenario I (High Cost/Inflation) Case A Case 13 Scenario 11 (Moderate Cost/Itillalion) Case A Cace II Annual Debt Service Annual 0&M Cost flonds & Insurance host Community Fee Residue Disposal Fee Gross Service Fee * Includes estimated revenues from electricity and ferrous metals. ------- N.E.S.W.C. — U.0.P. Estimated Service Fee Ranges Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Annual Debt Service Annual 0&M Cost Bonds & Insurance host Community lee Residue Disposal Fee Gross Serv,ice Fee Less: Recovered Resource Credit* Private hauler Credit Net Service Fee 592,300 155,000 747,300 $16. 58/ton $16. 32/ton $ 0.98/ton $ 1.00/ton $ 2.62/ton $37. 50/ton ($20.46/ton) ($ 5.87/ton) $11. 17/ton 592 ,300 310,000 902,300 $16. 58/ton $16.32/ton $ 0.98/ton $ 1.00/ton $ 2.62/ton $37. 50/ton ($20.46/ton) ($12.02/ton) $ 5.02/ton 592 ,300 155,000 747,300 $16. 58/ton $13.79/ton: $ 0.82/ton $ 1.00/t .on $ 2.22/ton $34.41/ton ($ 17.46/ton) ($ 5.41/ton) $11.54/ton 592,300 3 10,000 902,300 $16!58/ ton $13 79/tôh $ 0.82/ton $ 1 .00/i’oii $ 2.22/ton $34. 41/ton ($17.46/ton) ($11.10/ton) $ 5.85/ton 1988 Scenario I (High Cost/Inflation) Case A Case 13 ( Low Tonnag ( High Tonnag ) Scenario 11 (Moderate Cost/Inllntjon) Case A Case B ILow TonnagçJ (hIi h_Tonnag - .1 * Includes estimated revenues from electricity and ferrous metals. ------- N.E.S.W.C. - U.O.P. Estimated Service Fee Ranges Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Annual Debt Service Annual O&M Cost Bonds & Insurance Host Coirniunity Ice Residue Disposal Fee Gross Service Fee Recovered Resource Creclit* Private Hauler Credit Net Service Fee 616,300 155,000 771,300 $15.93/ton $21.34/ton $ 1.28/ton $ 1.00/ton $ 3.57/ton $43. 12/ton ($27:08/ton) ($ 6.64/ton) $ 9.40/ton 616,300 310,000 926,300 $15. 93/ton $ 2 1.34/ton $ 1.28/ton $ l.00/ton $ 3.57/ton $43. 12/ton ($27.08/ton) ($13.56/ton) $ 2.48/ton 616,300 155,000 771 ,300 $15.93/ton $16.73/ton $ 0.99/ton $ 1.00/ton $ 2.80/ton $37.45/ton ($21.81/ton) ($• 5.82/ton) $ 9.82/ton 616,300 310,000 926,300 $15.93/ton 116. 73/ton $ 0.99/ton ¶ 1.0(1/Ion $ 2 . 80/ ion $37. 45/ton ($21 .81/ton) ($11.92/ton) $ 3.72/ton 1992 Scenario I (High Cost/Inflation) Case A Case B ( Low Tonnag j ( High Tonnag 2 j Scenario II (Moderate Cosi/Inilaijon) Case A Case B ( Low Tonnag QL [ iTh_Tonnag Less: * Includes estimated revenues from electricity and ferrous metals. ------- N.E.S.W.C. - U.0.P. Estimated Service Fee Ranges Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Less: Recovered Resource Credit* Private Hauler Credit Net Service Fee 680,800 155,000 835,800 $14.42/ton $41.70/ton $ 2.50/ton $ 1.00/ton $ 7.70/ton $67.32/ton ($58.57/ton) ($ 9.97/ton) ( 1.22/ton) 680,800 249,200 930,000 $14.42/ton $41.70/ton $ 2.50/ton $ 1.00/ton $ 7.70/ton $6 7 .32/ton ($58. 57/ton) ($16.15/ton) ($ 7.40/ton) 680,800 155,000 835,800 $14.42/ton $27. 13/ton $ 1.61/ton $ 1.00/ton $ 5.01/ton $49.17/toi i ($38.52/ton) ($ 7.37/ton) $ 3.28/ton 680,800 249,200 930,000 — $14 .42/ton $27.13/ton :51.61/ton $ 1.00/ion F 5 .01/ton $49. 17/ton ($38.52/ton) ($11.98/ton) ($ 1 1 33/ton) Scenario I (High Cost/Inflation) (Moderate Cost/Inflation) Case A Case B Case A (Low Tonnage) Case B 2002 (Low Tonnage) j jgh Tonnag!1 (High Tonnag Annual Debt Service Annual 0&M Cost Bonds & Insurance Host Community Fee Residue Disposal Fee Gross Service Fee * Includes estimated revenues from electricity and ferrous metals. ------- u.0.P. Costs for 1979 : Labor Inflator: ECI Materials Inflator: 0&M Inflators: Ed, Bonds and Insurance: Residue Disposal: CPI ç pital Costs : 35% Labor, 65% Materials In March, 1975: $85,700,000 In January 1976: $85,700,000 x .35 = $85,700,000 x .65 = = 5.4% = 7.7%. $29,995,000 $55,705,000 Interest during construction = 13.5% Debt service (3.4%) = .06973 Total Bond Issue (1976) Annual Cost for 1979 startup Labor Materials Total Construction Cost Interest During Construction (16.5%) Total Investment Cost Annual Aniortization (.06973) Total Bond Issue $29,995,000 $55,705,000 $39,506,000 73,474,000 $112,980,000 $18,642,000 131,622,000 9,178,000 $140,800,000 $ 9,818,000/yr. CE Plant Cost Index CP I CPI ECI = 7.2% CE = 10.3% x .75 x .75 x 1.054 = x 1.077 = $31,615,000 + 59,994,000 $91,609,000 + 12,367,000 $103,976,000 + 7,250,000 $111,226,000 Construction Cost escalation to July 1979: Cost as of January 1979 = $109,215,000 35% labor, 65% materials (ECI — 3.35%, CE Plant Cost Index — 3.5%) $ 7,756,000/yr. Annual Cost for 1982 Startup i$140 ,800,000 x ,06973) 75 ------- 1J.0.P. (cont.,) 0&M Costs as of January 1979 : $4,694,000 CPI: 3% Total 0&M (July 1979): $4,835,0c 0 Bonds and insurance (January 1979): $279,000 High Inflation Moderate Inflation CPI 4% 3% Bonds & Insurance (July 1979) $290,200 $287,400 Host Community Fee : Fixed at $1.00/ton Transportation Assume a 20 ton load Assume vehicle capital cost in 1979 of $88,400 amortized over 5 years at 7˝% interest rate (.2472). Hourly capital cost (88,400 x .2472) 2288 hours/year $9.55/hour. Labor costs for one driver $20,500/year Hourly labor cost: $20,500 - 2288 hr./yr. = $8.96/hour Insurance cost is assumed to be $3,000/year Hourly insurance cost: 3,000 - - 2288 = $1.31/hour Assumed 0&M cost (excluding labor and insurance) = $.5133/mile Assume a productivity factor of .75 Assume a turnaround time of 45 minutes Total haul cost = cost(one way)/ton minute x one-way time + turnaround cost. Cost/one-way ton minute = (.5133 + (9.55 + 8.96 + 1.31) ÷ 30 .75) ÷ 20 $0.07/ton minute 45 Turnaround cost = ($19.82/hour x ö ) ÷ 20 = $0.74/ton Time = 22 minutes Total haul cost = .07 x 22 + $ .74 = $2.28/ton Residue Disposal Fee Cost for residue = $4.00/ton + transportation Cost for bypassed refuse = $8.00/ton ÷ transportation 76 ------- U.0.P. (cont.) cost for residue = $4.00/ton + $2.28/ton = $6.28/ton in 1979 cost for bypassed refuse = $8.00/ton + $2.28/ton $10.28/ton in 1979 Residue = 18% of tonna9e burned Bypassed refuse 2% of total tonnage (this represents assumed bypassed raw refuse for the N.E.S.W.C. project). Residue Disposal Fee in 1979 Scenario 1: Total member tonnage = 558,000 tons/yr. Member tonnage burned = 558,000 x .98 = 546,840 tons/yr. Bypassed refuse: 588,000 x .02 11,160 tons/yr. Residue: 546,840 x .18 = 98,430 tons/yr. 11,160 tons/yr. x $10.28/ton = $114,620/year -- 558,000 = $D.206/ton 98,430 tons/yr. x $6.28/ton = $618,140/year + 558,000 = $1.107/t n $1.31/ton The residue disposal fee is escalated by the CPI. 77 ------- (J.0.p. 0&M Costs (CPI Adjusted) ,High, Inflation (8%1 Moderate Inflation (6%1 1979 4,882,000 4,835,000 1982 6,150,000 5,759,000 1988 9,759,000 8,169,000 1992 13,277,000 10,313,000 2002 28,644,000 18,469,000 Bonds and Insurance (CPI Adjusted) Hi gh Inflation (8%1 Moderate Inflation (6% ) 1979 290,200 287,400 1982 365,600 342,300 1988 580,200 485,600 1992 789,300 613,100 2002. 1,704,000 1,098,000 Residue Disposal Fee (CPI Adjusted) High Inflation (8%) Moderate Inflation (6% ) 1979 6.28 6.28 1982 7.91 7.48 1988 12.55 10.61 1992 17.07 13.39 2002 36.85 23.98 Bypassed Refuse Disposal Fee (CPI Adjusted) 1979 10.28 10.28 1982 12.95 12.24 1988 20.55 17.37 1992 27.96 21.93 2002 60.36 39.27 78 ------- Power Revenues Assumed average 423 Kwh/ton delivered is sold to NEPCO at a price 1.34 x NEPCO’s average fuel cost. Communities show revenues from all tonnage delivered. NEPCO’s “average fuel cost” is assumed to be .016 $/Kwh in 1979. Under Scenario I, this figure escalates at 9% until 1989 and 8% thereafter. Under Scenario II, this figure escalates at 7% until 1989 and 6% thereafter. Ferrous Revenues Assumed average 1979 price received of $20.00 per short ton F.0.B. resource recovery plant. Price escalates at 2% per year over the 20 year period. Private Hauler Credits A “fixed full capacity premium” of $2.48 is assumed over the 20 year operating period. 79 GORDJAN ASSOCIATES INCORPORATED ------- • Economic Analysis for S.E.S.W.C.—C.E.A . This project includes the following service fee components: Base Cost . This fee was set by C.E.A. at $7.50/ton in November 1977 and escalates only by the CPI for the Boston Metropolitan area. It is adjusted annually and at this time, it is approximately $7.91/ton. This is essentially a guaranteed fee adjusted only by the CPI and represents the cost and cost adjustment method under which C.E.A. feels it can operate. Historically, the CPI for the Boston area has stayed between 5%—6.5% with a marked increase during the 1974—76 period. Recent CPI growth is closer to seven percent; however, it could fluctuate considerably from year to year. C.E.A. will adjust this base fee annually. Landfill Acquisition and Improvement . The landfill acquisition and improvement costs were estimated in 1976 by an independent consultant to be $3 million. C.E.A. proposes to use part of the existing Peabody land- fill and some adjoining private land, part of which was previously used for landfilling. Much of the cost will be for landfill improvements and for meeting the requirements of the Massachusetts Department of Environmental Quality Engineering and the Federal Resource Conservation and Recovery Act. Any adverse site conditions on these parcels will require appropriate modi- fication. There is considerable uncertainty regarding the final costs and requirements to modify the proposed site(s) to meet state requirements. The additional acreage adjoining the extant landfill must still be purchased. Inflation has certainly escalated the $3 million estimate, and the ultimate costs could be much higher if the site requires a liner and other water pollution control provisions. The land and improvements are to be financed by a General Obligation Bond Issue of the District to be formed, and the debt service will be a fixed cost to be spread over member tonnage . Assuming a 7Ľ%—20 year G.O. Bond Issue in 1979 with annual payment provisions and 275,000 member tons, one can see how the cost per ton changes under three landfill capital cost estimates: $10,000,000 $6,000,000 $3,000,000 Bond Issue Bond Issue Bond Issue Annual Payment $962,348 $577,408 $288,704 Cost to Community $3.50/ton $2.10/ton $1.05/ton Host Community Fee . This fee is set at $1.25/ton and escalates with the Consumer Price Index for the Boston Metropolitan area. The fee is simi- lar to the other two projects in that it is a payment in lieu of taxes for the resource recovery plant. In this case, the fee is a “pass through” on the service fee which goes to the City of Peabody. It is adjusted annually and is levied on each ton of waste delivered to the recovery facility. 80 GORDIAN ASSOCIATES INCORPORATED ------- The sum of the above three components represents the gross service fee a coumiunity would pay before consideration of any credits. Energy Credit . This is perhaps the most significant of the components in the service fee, other than the base cost. This credit represents fuel revenues to the District from the sale of Eco Fuel TI. Under the terms of the proposed service agreement, this credit could be non—existent until, perhaps, the 1990s. Unless C.E.A. is able to develop close—in markets to reduce transpor- tation costs, secure contracts for the long term sale of Eco Fuel II, and realize a high value for the product (as compared to displaced fossil fuel), the revenues from Eco Fuel II might not exceed $2.50 per million Btus — the point where revenue sharing with coirifflunities commences — for many years. Under existing conditional contracts C.E.A. has with fuel users target— ted for outputs from a plant in Peabody, Eco Fuel II would have to test out satisfactorily in extended burns before they would commit to purchase over a long—term. In other words, the contracts are not “take or pay.” On the other hand, if oil prices inflate markedly and the product tests out well, revenues could accrue at a higher and faster rate. C.E.A. does not share revenues from other products recovered or reve- nues from private tonnage, other than the credit which is discussed next. Also, under terms of the proposed agreement, the plant must operate at 70% of capacity or greater for the District to share in Eco Fuel II revenues. Income from Non—District Tonnage . The District receives $1.00/ton of municipal (Class I) waste received and $3.00/ton of large bulky waste (Class II) received, from non—District customers. Since Class II waste cannot be processed in the plant, C.E.A. must receive District approval to accept it. Other Costs and Revenues . A cost not reflected is the administrative cost to run the District. This cost is uncertain at this time; however, contract communities would be assessed a fee for this as District members. A revenue not shown is the penalty payment C.E.A. must make to the District for landfilling more than 40% by weight of the plant’s throughput at certain times and under certain conditions. Although a revenue could accrue, such a situation should not be looked on as desirable, since any excess tonnage going to a landfill, regardless of a penalty payment of $1.O0—$2.O0 per ton, is reducing the life of the landfill and minimizing resource recovery. Obviously, the cost of developing new landfill capacity in the future could be quite high should the site reach capacity prematurely. 81 GORDIAN ASSOCIATES INCORPORATED ------- S.E.S.W.C. - C.E.A. Estimated Service Fee Ranges 1979 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Scenario I (High Cost/Inflation) Case A Case B ( Low Tonnag J ( High Tonnage) _ 275,000 275,000 148,200 296,400 423,200 571,400 Scenario II (Moderate Cost/Inflation) Case A Case 8 ( Low Tonnage ) ftgh_Tonnage) 275,000 275,000 148,200 296,400 123,200 571,400 Energy Credit Income from Non-District Tonnage Net Cost to Comniunity $ 8.49/ton $ 2.10/ton $ 1.39/ton $11.98/ton ($ 0.65/ton) $11.33/ton $ 8.49/ton $ 2.10/ton $ 1.39/ton $11.98/ton ( $ 1.29/ton) $10.69/ton $ 8.49/ton $ 2.10/ton $ 1.39/ton $11.98/ton ($ 0.65/ton) $11.33/ton $ 8 49/ ton $ 2.10/ton $ 1.39/ton $11.98/ton ($ 1.29/ton) I ’ . ) Base Cost Landfill Acquisition and Improvement Host Comurmity Fee Gross Service Fee less: 0 0 0 0 ------- S.E.S.W.C. - C.E.A. Estimated Service Fee Ranges 1 91J2 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Scenario I (High Cost/Inflation) Case A Case B jj c i Tonnag j ( Hiqh Tonnage ) 215,000 275,000 148,200 296,400 423,200 571,400 Scenario 11 (Moderate Cost/Inflation) Case A Case B ILOW Tot g (Hjgh_Tonnage) 275,000 275,000 148,200 296,401) 423,200 571,100 Base Cost Landfill Acquisition and Improvement host Community Fee Gross Service Fee 1.ess: Energy Credit Income from Non-District Tonnage Net Cost to Conmiunity $10.69/ton $ 2.57/ton $ 1.75/ton $15. 01 / ton 0 ($ 0.65/ton) $14.36/ton $10.69/ton $ 2.57/to” $ 1.75/ton $15.01/ton ( $ 1.29/ton) $13.72/ton $10.1 1/ton $ 2.57/tori $ 1.66/ton $14 . 34/ton (S 0.65/ton) 111.69/Lnn $10.1 i/ton $ 2.57/ton S 1.66/ton $14 .34/ton ( 5 .2)/ton) II; I •l . 11’; / I (ni U) 0 0 0 ------- S.E.S.W.C. - C.E.A. Estimated Service Fee Ranges 1988 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Scenario I (High Cost/Inflation) Case 1 Case B ( Low Tonnage) ( High Tonna ) 291,900 291,900 148,200 296,400 440,100 588,300 Scenario I I (Moderate Cost/Inflation) Case 1\ Case B ( Low Tonnag J _ ( High Tonna çj 291,900 291,900 148,200 296,400 440 , 100 58H ,3(J0 Base Cost Landfill Acquisition and Iniprovernent host Con nun1ty Fee Gross Service Fee Less: $16. 96/ton $ 2.43/ton $ 1.78/ton $22. 17/ton ($ 0.29/ton ) ($ 0.61/ton ) $21_.27/ton $16.96/ton $ 2.43/ton $ 2.78/ton $22. 17/ton ( $ 0.29/ton) ($ 1.22/ton) $20. 66/ton $ 111.311/ton $ 2.43/ton $ 2.35/ton $19._12/ton 0 ( $ 0.61/ton) $18.5 1/ ton $1/i .34/ton $ 2.43/ton $ 2.35/toii $19: 12/toii ($ 1.22/tori) $ 17.90/I Energy Credit Income from Non-District Tonnage Net Cost to Community 0 ------- S.ES.W.C. - C.E.A. Estimated Service Fee Ranges Scenario I Scenario II (High Cost/Inflation) (Moderate Cost/Inflation) Case A Case 8 Case A Case B 1992 ( Low Tonnag j ( High To j ( Low Tonnag j (High_Tonna9e) Member Tonnage (TPy) 303,800 303,800 303,000 303,800 Private Tonnage (TPY) 148,200 296,400 148,200 296,400 Tota1 Annual Tonnage (TPY) 452,000 600,200 452,000 600,200 Base Cost $23.07/ton $23.07/ton $18.10/ton 1 1FL 10/too Landfill ftcquisitlon and Improvement $ 2.33/ton $ 2.33/ton $ 2.33/ton $ Host Coninunlty Fee $ 3.78/ton $ 3.78/ton $ 2.97/ton 1 2.97/ton Gross Service Fee $29.18/tori $29.10/ton $23.10/ton $?3.i10/ ton less: Energy Credit ($ 2.17/ton) ($ 2.17/ton) C $ 0.81/ton) ( 0iH/Io i) Income from Non-District Tonnage (.$ 0.59/ton) ($ 1.17/ton) C $ 0.59/ton) C $ 1.17/Lou) Net Cost to Conununity $26.42ftoii 2 . 4fto $?2.00/ton 1.?L4?/t ui ------- S.E.S.W.C. - C.E.A. Estimated Service Fee Ranges 2002 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Scenario I (High Cost/Inflation) Case A Case B ( Low Tonnaq ) ( High Tonnage ) 335,600 335,600 148,200 288,400 483,800 624,000 Scenario II (Moderate Cost/Inflation) Case A Case B j i Tohnaft ) ( jIi_Tonn je) 335,600 335,600 148,200 288,400 483,800 624,000 Base Cost Landfill Acquisition and Improvement host Community Fee Gross Service Fee $49. 80/ton $ 2.11/ton $ 8.16/ton $60.07/ton $49.80/ton $ 2.11/ton $ 8.16/ton $60.07/ton $32.41/ton $ 2.11/ton $ 5.32/ton $39.84/ton $32.4 1/ ton $ 2.11/ton $ 5.32/tn,i $39.84/ton Energy Credit Income from Non-District Tonnage Net Cost to Community ($12.16/ton ) ( $ 0.53/ton) $47.38/ton ($12.16/ton) ( $ 1.06/ton) $46.85/ton ($ 6.29/ton) ($ 0.53/ton) $33.02/ton ($ 6.29/ton) ($ 1.06/ton) $32.4 /Ion C’ Less: ------- Analysis Methodology Base Cost : $7.50/ton as of November 1977 escalated by the CPI for the Boston metropolitan area: November 1977 (for 1978) - 5.8% November 1978 (for 1979) - 6%. November 1979 and beyond - 6% and 8%. Landfill Acquisition and Improvement : $6,000,000 in 1976 (for 1979 estimates) escalated to 1979 (for 1982 estimates and beyond) by EPA Construction Cost Index for Sewers. 20 year bond, 7˝% interest (.09623485): 1976 (for 1977) - 6.2% 1977 (for 1978) - 6.3% 6,000,000 x 1.062 x 1.063 x 1.086 = 1978 (for 1979) - 8.6% 7,356,000 x .09623485 = 707,900 Landfill Cost = $707,900 + member tonnage Host Community Fee $1.25/ton as of November 1977 escalated by the CPI for the Boston metro- politan area Tonnages member: 2 75,000/year in both scenarios private: 475 TPD in low tonnage case (148,200 tons/year) 950 TPD in high tonnage case (296,400 tons/year) Member tonnage increases at a rate of 1% per year starting in 1982. When total tonnage (member and private) reaches average capacity,* the amount of private tonnage accepted declines so that the average capacity is not exceeded until the member tonnage alone exceeds the capacity. Private tonnage is 90% Class I (communities receive $1.00/ton) 10% Class II (communities receive $3.00/ton). * Average capacity for CEA is 2000 TPD (624,000 TPY). 87 ------- Analysis Methodology (cont.) Energy Credit : Assume: Value of buyer’s displaced oil in 1979 = $2.39/mBtu C.E.A. is able to secure contracts to sell Eco Fuel II output through 2002 as per current pricing formula. The value of fossil fuel escalates at 10% per year in the high inflation scenario and 8% in the moderate inflation scenario. Sample: Energy Credit 1992, Scenario I Price of fossil fuel = Po = $8.67/mBtu Transportation cost = T = $0.95/nlnlBtu* 0&M cost = OM = $0.56/mBtu CEA’s pricing is confidential; therefore, it is not exhibited. Energy Credit: E (value of Eco Fuel II) - 2.50 x .35 = $/rnrnBtu of Eco Fuel II. (3.575 - 2.50) x .35 = $.376/mmBtu of Eco Fuel II. Assumptions: 7.2 rnmBtu/ton of raw refuse is recovered as Eco Fuel II. 20% downtime, so plant availability is .8. ($/mmBtu of Eco Fuel II) x (7.2 mBtu/ton of raw refuse) x .8 Energy Credit ($/ton of refuse) .376 x 7.2 x .8 = $2.17/ton of refuse. Income from Non-District Tonnage The district receives $1.00/ton for Class I private waste $3.00/ton for Class II private waste Private tonnage is assumed to contain 90% Class I waste, 10% Class II waste. Case A (148,200 x .9) + (148,200 x .1 x 3) = $177,840 Case B (296,400 x .9) + (296,400 x .1 x 3) = $355,680 Income from Non-District tonnage = (177,840 or 355,680) ÷ member tonnage * Transportation cost to Narragansett Electric is set at $.30/mmBtu of Eco Fuel II in 1979. If closer users can be found, much of this cost can be reduced, which would result in higher revenue from Eco Fuel II sales. 88 ------- Cost of Fuel Oil ($/mmBtu) High Cost (10%) Moderate Cost (8% ) January 1979 2.39 2.39 July 1979 2.51 2.49 1982 3.34 3.13 1988 5.91 4.98 1992 8.67 6.77 2002 22.48 14.62 Transportation Costs ($/rnmBtu) High Cost (9%) Moderate Cost (7.5% ) January 1979 .30 .30 July 1979 .31 .31 1982 .40 .39 1988 .67 .60 1992 .95 .80 2002 2.25 1.65 O&M Costs ($/nvnBtu) High Cost (8%) Moderate Cost (6% ) January 1979 .20 .20 July 1979 .21 .21 1982 .26 .25 1988 .41 .35 1992 .56 .44 2002 1.21 .79 89 ------- IV. TRANSPORTATION COST ANALYSIS Because of the number of communities involved and the large distances between them, the transportation costs associated with the proposed S.E.S.W.C., Bayside, and N.E.S.W.C. resource recovery projects are important factors in any comparisons of the projects. These costs represent the cost to packer haul from the center of each community to the entrance point of the facility. S.E.S.W.C. and Bayside rely entirely on packer hauling to bring in the wastes, while N.E.S.W.C. proposes to utilize a combination of packer haul, transfer stations, and mini—transfer stations. N.E.S.W.C. also differs from the others in that the costs of transportation are shared equally by all parti- cipating communities, while in the S.E.S.W.C. and Bayside projects, each municipality pays its own way. The analysis of the transportation costs is based on data gathered from several sources. The communities have provided data on their tonnages, and these tonnages are projected to grow at a rate of one percent per year through 2002. Cost data for transfer stations, transfer haul, and packer haul have been collected from numerous sources and updated to represent 1979 costs. Travel times have been derived from a MITRE transportation analysis. Given the constraints of time and level of effort, the MITRE transpor- tation analysis was used to provide the information relative to travel time among the communities. All MITRE data concerning costs, however, have been revised and validated independently. Costs have been inflated to 1979 us- ing either the Chemical Engineering Plant Cost Index, Employment Cost Index, or a general transportation inflator of eight percent. Because of the cost sharing arrangement and the use of transfer stations in the N.E.S.W.C. project, the transportation costs have been calculated in a different manner from the other projects. Two cases, A and B, are given to represent the two levels of tonnage assumed in the processing cost anal- ysis. Since the transportation costs are to be shared equally by all the communities, the average cost will vary as the refuse tonnage changes. In neither of the other proposed projects are the transportation costs linked to the delivered tonnage. The N.E.S.V.C. project also differs in that it incorporates transfer stations and transfer hauling into its transportation network. Five transfer stations and eighteen mini—transfer stations are proposed and the cost of each is calculated separately. Transfer haul costs and turnaround time costs are also estimated and factored into the total cost. Rebates to the communities for the cost of packer hauling to either the N.E.S.W.C. facility or to one of the transfer stations are also inte- grated into the transportation costs for the N.E.S.W.C. project. It is 90 GORDIA N ASSOCIATES INCORPORATED ------- proposed that the co imnunities be refunded the cost for them to haul their refuse to the project, resulting in an equal cost per ton for transportation to all communities. Finally, it should be noted that no packer haul turnaround time costs are included in this study. This transportation analysis estimates the “additional” costs to the communities over what they currently pay to dis- pose of their solid wastes. Since packer haul turnaround time costs are already incurred at the disposal sites now being used, no additional costs are projected for turnaround times at any of the proposed facilities. 91 GORDIAN ASSOCIATES INCORPORATED ------- Additlonal* Transportation Costs** for Eleven Communities to the S.E.S.W.C., Bayside, and N.E.S.W.C. Projects, 1979 Annual Community Tonnage Transportation Cost To: S.E.S.W.C. Bayside NE.S.W.C. $/Ton $/Yr. $/Ton $/Yr. Case A Case B $/Ton*** $fYr. $/Ton*** $/Yr. Beverly 32,000 Danvers 20,300 Essex 1,600 Gloucester 36,000 Hamilton 3,400 Tpsw1cl 8,100 Lynn 39,000 Rockport 4,100 Salem 20,000 Swampscott 9,400 Wenham 2,200 $ 5.76 $184,200 $ 3.32 $ 67,500 $ 9.57 $ 15,300 $ 9.71 $349,600 $ 6.19 $ 21,000 $13.16 $106,600 $ 6.12 $238,700 $11.81 $ 48,400 $ 5.00 $100,000 $ 7.27 $ 68,300 $ 8.23 $ 18,100 $ 0 $ 0 $ 4.67 $ 94,800 $ 8.26 $ 13,200 $ 8,36 $301,000 $ 5.40 $ 18,300 $ 8.92 $ 72,200 $ 7.50 $292,500 $10.46 $ 42,900 $ 2.30 $ 46,000 $ 6.35 $ 59,700 $ 4.70 $ 10,400 $8.80 $281,600 $7.83 $250,600 $8.80 $178,600 $7.83 $158,900 $8.80 $ 14,100 $7.83 $ 12,500 $8.80 $316,800 $7.83, $281,900 $8.80 $ 29,900 $7.83 $ 26,600 $8.80 $ 71,300 $7.83 $ 63,1 ,00 $8.80 $343,200 $7.83 $305,400 $8.80 $ 36,100+ $7.83 $ 32,100+ $8.80 $176,000 $7.83 $156,600 $8.80 $ 82,700 $7.83 $ 73,600 $8.80 $ 19,400 $7.83 $ 17,200 * These costs represent costs in excess of present expenditures and therefore exclude packer turnaround time costs. ** This assumes a packer haul cost of $0.329/ton minute. *** This includes the packer haul costs, transfer station costs, transfer haul costs, and rebates. + This does not include the cost of a mini—transfer station which would act as the community collection center. ------- Additional* Transportation Costs** for Eleven Communities to the S.E.S.W.c.,, Bayside, and N.E.S.W.C. Projects, 1982 Transportation Cost To: S.E.SWC. Bayside N.E.S.W.C. Annual Case A Case B Community Tonnage S/Ton S/Yr. 5/Ton 5/Yr. $/Ton*** $IYr. $/Ton ** S/Yr. Beverly 33,000 Danvers 20.900 Essex 1,650 Gloucester 37,100 Hamilton 3,500 Ipswich 8,350 Lynn 40,200 Rockport 4,200 Salem 20.600 Swampscott 9.700 Wenham 2,250 $ 7.25 $239,100 $ 4.18 $ 87,400 $12.05 $ 19,900 $12.21 $435,000 $ 7.79 $ 27,200 $16.56 $138,300 $ 7.70 $309,500 $14.86 $ 62,400 $ 6.29 $129,600 $ 9.15 $ 88,700 $10.35 $ 23,300 $ 0 $ 0 $ 5.88 $122,900 $10.39 $ 17,100 $10.52 $390,300 $ 6.79 $ 23,800 $11.22 $ 93,700 $ 9.44 $379,500 $13.17 $ 55,300 $ 2.90 $ 59,700 $ 7.99 $ 77,500 $ 5.92 $ 13,300 $11.03 $364,400 $9.81 $323,700 $11.03 $230,500 $9.81 $205,000 $11.03 $ 18,200 $9.81 $ 16,200 $11.03 $409,200 $9.81 $364,000 $11.03 $ 38,600 $9.81 $ 34,300 $11.03 $ 92,100 $9.81 $ 81,900 $11.03 $443,400 $9.81 $394,400 $11.03 $ 46,300+ $9.81 $ 41,200+ $11.03 $227,200 $9.81 $202,100 $11.03 $107,000 $9.81 $ 95,200 $11.03 $ 24,800 * These costs represent costs in excess of present expenditures and therefore exclude packer turn- around time costs. ** This assumes a packer haul cost of $O. 4 14/ton minute. This includes the packer haul costs, transfer station costs, transfer haul costs, and rebates. + This does not include the cost of a mini-transfer station which would act as the community Collection center. U) ------- Assumptions and Calculations for Transportation Analysis 1979 Tonnages : Data from telephone conversations: Beverly 32,000 tons/year Danvers 20,300 tons/year Essex 1,600 tons/year Gloucester 36,000 tbns/year Hamilton 3,400 tons/year Lynn 39,000 tons/year Rockport 4,100 tons/year Salem 20,000 tons/year Tonnages for the remaining communities are based on .66 of the esti- mated populations. Ipswich 8,100 tons/year Swampscott 9,400 tons/year Wenham 2,200 tons/year All tonnages are assumed to grow at one percent per year. Travel Times : One—way travel times are in minutes from the center of town to the entrance point of the proposed facilities or from the transfer station location to the facilities, and are taken from a MITRE transportation study entitled Transportation Analysis for the Northeastern Massachu- setts Resource Recovery Project , June 1978. 94 GORDIAN ASSOCIATES INCORPORATED ------- Estimated Titne* (In Minutes) from the Center of Eleven Communities to the Entrance Point of the S.E.S.W.C., Bayside, and N.E.S.W.C. Projects Coimnunity S.E.S.W.C. Bayside N.E.S.W.C. Beverly 17.5 0 7.6 Danvers 10.1 14.2 8.1 Essex 29.1 25.1 17.9 Gloucester 29.5 25.4 20.1 Hamilton 18.8 16.4 9.0 Ipswich 40.0 27.1 19.5 Lynn 18.6 22.8 11.4 Rockport 35.9 31.8 0 Salem 15.2 7.0 5.4 Swampscott 22.1 19.3 6.9 Wenham 25.0 14.3 6.6 *Estimates derived from MITRE transportation analysis of the three projects. 95 GORDIAN ASSOCIATES INCORPORATED ------- Estimated Tonnages* and Travel Time* (In Minutes) from Five Transfer Stations t the N.E.S.W.C. Project - - Estimated Tonnage Handled at Station Time to Ton Transfer Station Location (Tons/Year) N.E.S.W.C. Minutes Beverly 90,500 53 mm. 4,796,500 Lowell 142,000 32.1 mm. 4,588,200 Portsmouth 30,100 43.6 mitt. 1,312,400 Reading 108,400 37.5 mitt. 4,065,000 Salem 163,000 58.5 mitt. 9,584,400 * Estimated derived from MITRE transportation analysis. 96 GORDIAN ASSOCIATES INCORPORATED ------- Estimated Tonnages* and Travel Times* (In Minutes) from Eighteen Eighteen Mini—Transfer Stations to the N.E.S.W.C. Project Estimated Tonnage Mini—Transfer Handled at Station Time to Ton Station Location** (Tons/Year) N.E.S.W.C. Minutes Atkinson, NH 3,100 19.7 61,070 Billerica 25,000 34.7 867,500 Boxford 3,300 20.6 67,980 Carlisle 1,900 39.5 75,050 Derry, NH 19,600 33.0 646,800 Georgetown 3,700 15,8 58,460 Merrimac 4,200 20.2 84,840 Middleton 4,500 25.1 112,950 Newbury 2,500 35.4 88,500 Pelham, NH 4,900 32.3 158,270 Plaistow, NH 8,000 18.2 145,600 Rockport 4,100 68.8 282,080 Rowley 2,000 34.3 68,600 Salem, NH 17,500 21.3 372,750 Tyngsborough 4,600 46.1 212,060 9estford 12,500 36.8 460,000 Windham, NH 2,700 29.1 78,570 W. Newbury 1,600 22.1 35,360 * Estimates derived from MITRE transportation analysis. ** Capital costs of Mini—Transfer Stations are not included in N.E.S.W.C. transportation costs. Communities served by these stations would be responsible to provide them. 97 GORDIAN ASSOCIATES INCORPORATED ------- Assumptions and Calculations for. Transportation Analysis (cont.) Packer Haul Costs : Packer haul costs are estimated assuming 20 yd 3 rear loading vehicles, 3—man crews, and 2,288 hrs./yr. of operation (8 hr./day, 5.5 days/week, 52 weeks per year). Capital costs are assumed to be $43,520 per truck in 1979. Costs are amortized over 5 years at 7˝%, leaving an annual capital cost of $10, 60 (43,520 x .2472). $10,760 ÷ 2,288 $4.70/hour . 0&N Costs: Labor costs are assumed to be $54,960 in 1979. $54,960 ÷ 2,288 = $2 4 .02/hour Assumed fuel cost: $O.70/gallon, 5 miles/gallon Assumed oil cost: $ 2 .00/gallon, 3000 miles/gallon Assumed tire cost: 6 @ $200.00, 100,000 miles Assumed maintenance and repairs: Total $0.014/mile $0. 0007/mile $0. 012/mile = $0.10/mile $0. 2527/mile = Total Packer Haul Cost: $4.70 + $24.02 + $7.58 + $0.66 = $36.96/hour. 1 hour 1 truck 1 $36.96 x x x — x 2 = $0.329/one—way ton mm. 60 minutes 5 tons .75 1982 costs represent 1979 costs escalated at 8% per year for 3 years. 1982 packer haul costs: .329 x (1.08) = $0.414/one—way ton minute Costs for later years escalate at 8% per year. at 30 m.p.h. average speed Insurance: $l,500/year ÷ Assume productivity factor (.2527 x 30) = $7.58/hour . 2,288 = $0.66/hour . of .75. 98 GORDIAN ASSOCIATES INCORPORATED ------- N.E.S.W.C. Costs: . 329 1979 average packer haul cost: $3.36/ton ($2.77 x .277 ) * 1979 average transfer station/transfer haul cost: Transfer station costs are based on the average of estimates from two computer models, PLANIT and WRAP. PLANIT includes turnaround time costs, while WRAP does not. Transfer Station Cost Functions WRAP Transfer Station Capacity $/Year = 1.36 (tons/year) + 101,000 TPY 51,800 $/Year = .55 (tons/year) + 143,000 51,800< TPY 142,900 $/Year = .34 (tons/year) + 173,000 TPY>142,900 (Turnaround time cost not included) PLANIT $/year = 2483 (tons/year) .406 (Turnaround time cost included) These equations are based on 1977 costs. Costs are inflated at the Chemical Engineering Plant Cost Index (7.8% for 1978, 7.3% for 1979). Turnaround time costs are based on a cost of $0.85/ton. Capital Cost Estimates by Computer Models Transfer Station Turnaround Location PLANIT WRAP Time Cost** Beverly $295,500 $223,000 + $ 76,900 Lowell $354,800 $255,700 + $120,700 Portsmouth $189,000 $164,200 + $ 25,600 Reading $318,000 $234,200 + $ 92,100 Salem $375,300 $264,200 + $138,600 * Based on data from MITRE’s 1978 transportation analysis. ** Turnaround time is assumed to be 45 minutes. 99 GORDIAN ASSOCL TES INCORPORATED ------- Estimated annual capital cost of ctransfer stations: Beverly $ 297,700 Lowell $ 365,600. Portsmouth $ 189,400 Reading $ 322,300k Salem $ 389,100 Total $1,564,100 Mini—transfer station turnaround time costs are based on a 25 minute time and $0.47/ton cost. Mini—transfer station turnaround cost: $.47 x 125,700 tons $59,080 Total capital cost plus turnaround time cost for N.E.S.W.C.: $1,564,100 + $59,080 $1,623,180 Case A: 713,000 TPY, Case B: 868,000 TPY Case A: 1,623,180 ÷ 713,000 $2.28/ton Case B: 1,623,180 ÷ 868,000 = $1.87/ton Transfer Haul and Mini—Transfer Haul Costs Transfer Haul Costs: Hours/year of operation: Transfer trailer size: Payload: 1979 Capital Costs: Truck & Trailer: Amortization over 5 Annual Capital Cost Hourly Capital Cost _________ Operating Costs: Labor, one driver (including 25% fringe benefits) $20,530 Hourly labor cost $20,530 ÷ 2,288 $ 8.99 Fuel $.70/gallon, 4 miles/gallon Oil $2.00/gallon, 3000 miles/gallon 2288 65 Cu. yd. 35,000 lbs. $88,430 years at 7˝% $88,430 x $21,860 ÷ interest .2472 = 2,288 = rate — (.247) $21,860 $ 9.55/hr . $. 175/mile $ .0007/mile 100 GORDIAN ASSOCIATES INCORPORATED ------- Tires: Tractor: 8x $200 20,000 miles $.08/mile 2x $200 30,000 miles $.0133/tnile Trailer: 8x $200 20,000 mIles $.08/mile Maintenance and Repairs: $.l65/mile Total mileage based costs: $.514/mile Hourly insurance Costs: $ 3 ,000/year ÷ 2,288 hours/year $1.31/hour A. Total Time Based Costs: Capital $9.55 Labor $8.97 Insurance $1.31 $19.83/hour B. Total mileage—based costs: $.514 C. Total Haul Cost Equation: (assumed average speed, 30 M.P.H.) (assumed productivity factor: .75) $.514 x .5 miles + $19.82 óomin./hr . x 2 = $0.08/ton 17.5 tons inins. Transfer Hual Cost: Case A: 24,316,460 ton minutes x $0.08 $1,945,317 ÷ 713,000 = $ 2 .73/ton Case B: 24,316,460 x .08 $1,945,317 ÷ 868,000 $2.24/ton Mini—Transfer Haul Cost: Case A: 3,876,440 ton minutes x $0.08 $310,115 ÷ 713,000 $Q. 4 3/ton Case B: 3,876, 440 x .08 310,115 4- 868,000 $O.36/ton 101 GORDIAN ASSOCIATES INCORPORATED ------- Total Transfer Cost : Case A: $2.28 + $2.73 + $0.43. = $5.44/ton Case B: $1.87 + $2.24 + $P.36, =-$4.47/ton Total Average Transportation Cost : Case A: $3.36 + $5.44 = $8.80/ton Case B: $3.36 + $4.47 = $7.83/ton Packer haul costs.escalate at 8% per yeartandLtransfer costs escalate at 7.3% (CE Plant Cost Index average). Tonnage estimates for Cases A and B are the same as those used to calculate the N.E.S.W.C. project processing fee. Sample Calculations 1. 1979 transportation cost for Beverly to the S.E.S.W.C. project: tonnage: 32,000 tons/year cost: $0.329/ton minute time: 17.5 minutes Cost: 17.5 x .329 = $5.7575/ton. $5.7575 x 32,000 $184,200/year 2. 1979 transportation cost for Gloucester to N.E.S.W.C., Case A: tonnage: 36,000 tons/year packer haul cost: $0.329/ton minute time: 15.1 minutes Average transportation cost for N.E.S.W.C.: = $8.80/ton Packer haul cost: 15.1 x .329 $4.97/ton Gross conununity payment: $4.97 + $8.80 = $13.77/ton Rebate: $4.97/ton Net Cost to Community: $13.77 — $4.97 = $8.80/ton. $8.80 x 36,000 = $316,800/year 102 GORDIAN ASSOCIATES INCORPORATED ------- V. PROJECT CONSIDERATIONS WHICH COULD AFFECT COST AND/OR SERVICE Following is a general discussion of certain project considerations which represent areas of potential risk to a community signing on with one of the three proposed projects. The discussion of potential risks or legal implications of the specific “service agreements” for each of the three proposed projects is held in the next section of this report. Some of the considerations discussed in this section may impinge on one project more than another, in view of its particular nature. It by no means addresses all potential risks to a community. Rather, the focus is on those areas which appear to be salient and which should be given consid- eration by conm unitjes, in order to better understand their exposure under certain projects. • Financeability and Financing Arrangements Each project is proposed to be financed under a different arrangement. The proposed financing for the Bayside—Titan project is with industrial revenue bonds issued by an industrial development financing authority. An interest rate of 7˝ percent had been anticipated, but that rate could be higher or lower depending upon the final financing arrangements developed. Recently, the project developers have indicated that a private leveraged leasing financing is being considered, and they are having discussions with private equity investors. If such a financing is arranged in conjunc- tion with the proposed industrial revenue bond issue, it could serve to lower the effective interest rate (cost of capital) for the project. If a leveraged lease arrangement is secured, it would require an Internal Rev- enue Service ruling to determine the extent allowed and the project compo- nents to which it would apply. It is uncertain at this time what the bond sale prospectus and final financing arrangements will be for this project. The N.E.S.W.C.—U.O.P. project is proposed to be financed through a “private leveraged financing arrangement.” This arrangement involves the use of private equity for part (20—40 percent of the project) and industrial revenue bonds for the larger part (60—80 percent). This form of financing reduces the effective interest rate for the capital. It will require an Internal Revenue Service ruling to determine the extent of private equity financing allowed end the components to which it will apply. The effective interest rate anticipated under this arrangement is 3.4 percent; however, a rate higher or lower than this figure could apply. A recent change in the law which raises the investment tax credit an additional five percent would enhance the financing for this project and the Bayside—Titan project, if it is financed through a similar arrangement. 103 GORDIAN ASSOCIATES INCORPORATED ------- The State of Massachusetts has an important role in the financing of the N.E.S.W.C.—U.O.P. project si nce it will be financing the sites for the plant, residue and rawrefuse landfills, and transfer stations. These sites would be financed by General Obligation Bond issues and the debt service would be provided through user fees and rent or lease arrangements. The final Interest rates for these bond issues are uncertain; however, the backing and taxing power of the Commonwealth would be important con- siderations In the sale of such bonds. The S.E.S.W.C.—C.E.A. project is proposed to be financed entirely with private equity, with the exception of the project’s landfill which would be financed by a Ceneral Obligation Bond issue of the district (S.E.S.w.D.) to be formed. C.E.A. anticipates corporate borrowing for the financing and the application of some company equity. The General Obli- gation Bond Issue by the District had an assumed interest rate of 7Ľ per- cent; however, this rate couldbe higher or lover, depending on the final method of financing chosen. C.E.A. is currently developing other projects in Connecticut, New Jersey, and Massachusetts. A review of those projects and C.E.A.’s finan- cial position, will, most likely, be necessary by its outside lenders in order to determine their required rate of return on investment and the overall financeability. Since C.E.A. has fixed a base fee subject to escalation for the project, the final borrowing rates it can secure should not affect that fee. However, the financing decisions by the outside lenders could ultimately affect C.E.A.’s decision when and if to initiate the project and also its ability to initiate the project. • Financial Stability of the Parent Company Somewhat aligned to the financing and bond sale prospect Is the finan- cial position of the project operator’s parent company or guarantor. Each project will be operated by some subsidiary or division or special opera- ting entity backed by the performance guarantee of the parent company. In the case of the N.E.S.W.C. project, the Commonwealth of Massachusetts’ Bureau of Sc.iid Waste Disposal will also be overseeing the land for the plant, landfill sites, and transfer station sites, thus monitoring the performance or proper use of those areas. In the case of the Titan project, the company has stated publicly that it must have and is seeking a substantial partner in order to finance the project. Without such a partner, the firm could not finance the project. In order for the guarantees to be meaningful, one must explore the financial position and/or staffing of that parent or guarantor and its ability to back up that guarantee with the necessary resources should problems develop early on or in the future. You are referred to the “Project 104 GORDIAN AS SOCIATES INCOR PORATED ------- Characterizations” section of this report for selected financial data on the three system vendors. In addition, you are urged to inquire about each company’s most re- cent Annual Report or Form 10—K filed with the Securities and Exchange Commission (these are public documents), since the financial positions of the companies could have changed considerably since the last publication of their 10-K data. • Tonnage Commitment Requirements Each project requires the communities to guarantee a minimum tonnage of acceptable waste which they will deliver. If such minimums are not delivered, the communities must pay for that quantity as if it had been de- livered. The service agreements thus have “put or pay” requirements. Each con- tract differs, however, in the manner in which this requirement is applied to shortfalls and overages as they differ from the minimum tonnage guar- anteed. In the case of the Bayside—Titan project, a cotunity Bets its own guarantee of minimum tonnage for the first year of operation. In subse- quent years, the community must deliver 85 percent of the prior year’s actual delivered tonnage without penalty. Any shortfall from the guar- antee requires payment as if it were delivered. In addition to regular service charges, any overages are charged incremental landfill costs whenever the plant capacity is exceeded, and that overage must be land— filled. However, overages or excess are based on aggregate overage from all customers. The charge is the aggregate monthly total of excess ton- nage times the incremental landfill cost, divided by the total tonnage from all customers. There are no “put or pay” requirements if TEOSI does not provide service. In the N.E.S.W.C.—1.J.O.P. project, a community guarantees a minimum tonnage of acceptable waste for the first year of operation. In subse- quent years a community may “increase or decrease” the guaranteed annual tonnage from the prior year by not more than five percent as long as the aggregate guaranteed acceptable tonnage from all contract communities does not “decrease” by more than two percent in any twelve—month period, or by more than five percent in any ten—year period, or by more than ten per- cent over the 2 0—year term of the service agreement. A community may also assign all or part of its guaranteed annual tonnage to another con- tract community as long as the assigned co nunity assumes in writing the assignor’s obligation with respect to that tonnage. This project requires a “minimum” weekly tonnage guarantee of 80 percent of the annual guaranteed tonnage divided by 52. The company will assess a $ 2 .00/ton premium or surcharge for tonnage delivered by a com- munity in excess of 110 percent of the annual tonnage guarantee or for 105 GORDIAN ASSOCIATES INCORPORATED ------- weekly tonnage in excess of 120 percent of the annual aggregate tonnage divided by 52 from all contract counities. The premium for weekly excess’ wili be prorated among those communi- ties delivering excess tonnage in accordance with each conm unity’s quan- tity of excess weekly tons. However, the excess tonnage premium on an- nual tonnage will be waived the first two years of the contract, and the premium on weekly tonnage excesses will be waived the first three years of the contract. Also, a shortfall tonnage payment Is assessed to communities which deliver less than 80 percent of their annual guaranteed tonnage divided by 52 in any week, or less than 90 percent of their guaranteed annual tonnage for the contract year. The weekly tonnage shortfall payment is valved if the plant has received aggregate tonnage of acceptable waste from all sources equal to or greater than 95 percent of the guaranteed plant capacity during the week the shortfall occurred. However, the weekly tonnage shortfall payment is waived for the first three contract years. Thus, for this project, a community can have weekly swings in ac- ceptable tonnage delivery of 80—120 percent without incurring a penalty payment and annual swings of 90—110 percent without a similar penalty. The shortfall penalty, however, is not a $2.00/ton charge as is the ex- cess tonnage premium, but is based on a formula taking into consideration lost revenues to the company from recovered electricity and metals. In the S.E.S.W.C.—C.E.A. project, a conmiunity determines Its guar- anteed annual tonnage, provided that if a co=unity bases its first year’s tonnage on a rate less than .‘5 ton per capita per year, then it cannot deliver more than 110 percent of that tonnage in that year or in subsequent years without Incurring a $2.00 per ton surcharge. If a community uses a figure greater than .5 ton per capita per year in determining the guaranteed annual tonnage, then there is not up- per limit on delivery in subsequent years except for excess charges for landfilling any waste the plant cannot handle. The District, which is the aggregate of member communities, may deliver municipal waste from sources other than members if necessary to meet minimum commitments. While each project requires a guaranteed minimum annual tonnage, one can see that the methodology in dealing with that tonnage is quite different from project to project. It is very important that a coiimminity provide an accurate estimate of its annual tonnage and consider its seasonal tonnage fluctuations to avoid greatly overstating or understating its acceptable waste quantities. It is also important that each community recognize that there could be additional costs in each project for deliver- ing certain types of waste that are not considered “acceptable” for pur- poses of the contract. All projects exclude auto hulks, hazardous wastes and sewage sludge, and there are certain waste categories where some of 106 GORDIAN ASSOCIATES INCORPORATED ------- Minimum Tonnage Requirements and Penalties Minimum Guarantee : Bayside—Titan Tonnage set by community and Is considered guaranteed mm— imum. In subsequent years, 85% of previous year’s ton— age is required (less unusu- al, non—recurring tonnages). Shortfall tonnage charged for amount which was to be delivered. Excess tonnage charges are based on plant capacity and amount of aggregate tonnage delivered by all long—term customers over 3 day periods which exceed 1750 tons. If this amount is exceeded, charge is aggregate monthly total of excess tonnage times in- cremental landfill cost, divided by total tonnage from all long—term customers. There is no upper limit on tonnage. N.E . S . W . C . — U. 0. P . Tonnage set by community and is considered guaranteed minimum for first year. In subsequent years, 100% of previous year’s tonnage is required; however, this can be decreased 5% if annual aggregate tonnage does not decrease more than 2% in any year, 5% in 10 years, or 10% in 20 years. Tonnage can vary from 80% to 120% weekly, and 90%—110Z annually without premium pen- alty payment. Excess weekly or annual tonnage is charged a $2.00/ton premium. Short- fall tonnage is charged a premium based on formula for lost revenues to U.0.P. from electricity and metals. The upper limit on tonnage is restricted only by plant ca- pacity. Premium on weekly excess or shortfall waived first 3 years of contract. Premium on annual excess is waived first 2 years. S.E.S.W.C.—C.E.A . Tonnage set by comniun— ity and is considered the guaranteed minimum for first year. In subsequent years, 100% of previous year’s tonnage is required. If first year tonnage estimate was based on less than .5 ton per capita per year, then community cannot deliv- er more than 110% of guarantee in first year or subsequent years without a $2.00 per ton surcharge. If community bases tonnage guarantee on greater than .5 ton per capita per year, there is no upper limit in subse- quent years. Penalty for Fluctuation : I- 0 0 0 (p U) 0 ( 1 ‘ -I tTJ (p z 0 0 0 F l ------- the wastes might be acceptable’ and o ther waste components might not be. For example, in the construc-tion a,na 4 molition waste category, a load of bricks and rock would not oe ran’ a ceptable waste for the Bayside—Titan or N.E.S.W .C.—U.O.p. project. This si:tuation is uncertain for the S.E.S.— W.C.—C.E.A. plant. On the oth r: hand, the same general category may in- clude a load of largely used 1uznber with some rock and brick frictions, which would be considered acceptable at all three projects. Each project will accept private acceptable waste or non—guaranteed waste from other than contract communities. For the most part, this waste helps make up the difference between the expected community guar- anteed tonnage and the operating capacity of the plant. While it is possible that contract community tonnage will make up the largest share of raw refuse throughput to each, project, it is likely that seasonal fluctuations, shortfall delivezies, etc., will necessitate the acquisi- tion of short term—contract,’non-’contract tonnage, or even long—term private contracts for a signifi’cant share of plant capacity, particularly during the early years of operation. In the Bayside—Titan project, pri- vate tonnage may be acquired on a spot basis or other basis to ensure boiler capacity and energy output. Communities will share in product revenues derived from private tonnage. However, Titan will retain all tipping fees minus expenses received from private or short—term tonnage. In the N.E.S.W.C.—U.O.P. project, the operator will secure long—term and spot commitments from private haulers. The contract communities will share in the revenues derived from the private tonnage. The contract communities will also receive their 2. rata share of the private hauler tipping fees net after deducting the host community fee, residue disposal costs and the cost and incentive payments to the U.O.P. operating entity. In the S.E.S.W.C.—C.E.A. project, the operator will secure private tonnage similar to the other two projects. The contract communities (District) will receive $1.00/ton for private haulers’ waste considered to be Class I (acceptable municipal waste) and $3.00/ton for waste from private haulers considered to be Class II (large, bulky waste which can- not be processed through the plant). However, the District must approve of C.E.A.’s acceptance of Class II waste since it could have an adverse effect on future landfill capacity. • Landfill Costs and Development Each project will require ap approved sanitary landfill for the dis- posal of plant residues, certain 1 unprocessed raw refuse or excess tonnage which the plant cannot handle, certain unprocessable wastes, and any waste resulting from downtime or outage that cannot be stored until it can be processed. 108 GORDL N ASSOCIATES INCORPORATED ------- Each project faces some uncertainty in the ability to have landfill sites developed, permitted, or co nitted within the cost scheme proposed. However, the projects differ considerably in the sites, acquisition ap- proach, and methodology employed in landfill development. The Bayside—Titan project proposes to acquire and develop one or more sites for landfill. In lieu of this, the project developers would con- tract with a private site or community site for deposition of residue and raw refuse. The developers are considering specific site locations and would like to acquire a site as close to Beverly (the proposed plant lo- cation) as possible, to minimize transportation costs. No specific site has been acquired, however, and the final costs for landfill are uncertain at this time. If landfill sites are purchased, the capital costs would be included in the revenue bond issue. Capital and operating costs for the landfill(s) will be included in the service fee. In the N.E.S.W.C.—U.O.P. project, the Commonwealth of Massachusetts will provide the landfill sites for residue and raw refuse through a Gen- eral Obligation Bond Issue. The cost for landfilling residue and any raw refuse that might have to be bypassed would be reflected in the service fee. The Commonwealth has identified the sites and has the power of “emi- nent domain” to acquire them. The proposed residue disposal site is in North Andover, and the Commonwealth intends to initiate an experimental incinerator residue utilization and testing program at this facility. The results of this program could benefit other projects generating an incin- erator residue, including perhaps the Bayside—Titan project and the ex- tant R.E.S.C.O. project near Boston. The proposed raw refuse landfill is in Amesbury. The Counnonwealth has not yet acquired these sites or initiated the permit procedure, and final landfill acquisition and development costs are uncertain. As men- tioned earlier, landfill financing will be via Commonwealth General Obli- gation Bonds, although the Commonwealth now owns part of the proposed residue disposal site in North Andover. Th S.E.S.W.C.—C.E.A. project would utilize a landfill in the City of Peabody, which would be adjacent to the proposed resource recovery plant. The existing landfill used by Peabody would be leased to the District to be formed and C.E.A. would lease the site for disposing plant residuals and waste that could not be processed. Part of the total area proposed for landfill is owned by Peabody; however, additional acre- age (approximately 107 acres) adjoining the site would have to be pur- chased. Some of this acreage is owned by private parties and the final costs of acquisition are uncertain. Too, this acreage, as well as the existing Peabody site, will require development and modification to provide the required landfill facilities, access roads, and obtain a per- mit from the Commonwealth of Massachusetts for sanitary landfill operation. 109 QQRDJAN ASSOCIATES INCORPORATED ------- There is some uncertainty regarding the types and extent of waste that has been deposited in this area over the years, and concommitant uncer- tainty regarding the specific development needs and costs to place the operation in compliance with state laws and secure a permit. As mentioned earlier, the proposed landfill acquisition and develop- ment financing is through General Obligation Bond issue of the District to be formed. The District would have the power of eminent domain. The cost of landfill acquisition and development would be reflected in the service fee charged to District communities. It is important to highlight some considerations in landfill develop- ment which could affect all three projects. Most likely, some waste types generated in a community will require direct landfilling. Thus, the availability of an environmentally sound, approved sanitary landfill is very important to each community and each project. Too, no one can say for sure at what times and to what extent a resource recovery project might be unable to accept waste during a 20—year operating period; there- fore, the need for backup capacity is reinforced. The physical characteristics of the land that is used in each proj- ect’s landfill will weigh heavily on the capital and operating costs. The availability of suitable cover material, difficulty of excavation, degree of upgrading and landscaping, control and monitoring of gas and leachate, and the requirements for revegetating completed portions of the site(s) will all affect costs. Any sites with excavation or grading problems will require more specialized equipment and higher capital and operating costs. Any sites selected with existing or potential water pollution problems could re- quire extensive and costly liners and/or water pollution control systems. Sites that have been previously used for landfill may require re—excavation of certain wastes or areas of the site which may be causing, or could cause, water pollution, air pollution, or gas migration. Sites used for incinerator residue disposal may not require as much soil cover and acreage. However, special considerations for water pollu- tion control may be necessary. • Plant Downtime and Outage Each project can be expected to have some downtime. Downtime can be scheduled or unscheduled. Most scheduled downtime is during periods of low refuse throughput or at times when the impact on operations and revenues is minimal. Unscheduled downtime can occur at any time and for various reasons. Should a plant experience operating problems which cause long periods of downtime, the impact on revenues to communities, reliable service, landfill site life, transport costs, etc., could be severe. 110 GORDIA ASSOCL TE5 INCORPORATED ------- It is therefore important to assess what provisions each project has made for excessive downtime, the expected level of plant availability, and the impact on costs and revenues to communities. The Bayside—Titan project will have a single—line processing system (one shredder, classifier, and boiler), a dump condenser, multiple tur- bines at USM Corp., and a one and one—half to two day storage capacity for raw refuse and two to three days storage of shredded refuse. The boiler design capacity is 591 tons per day of 4,500 Btu/lb. solid waste, while the expected average throughput is about 500 tons per day of solid waste. When any of these units is down for an extended period of time, the plant will be unable to process refuse and it will have to be land— filled. Titan intends to store processed refuse in movable containers which will allow it to accept waste during short—term (one to two day) outages. The project developers anticipate ten percent annual downtime during which waste would have to bypass the plant. During downtime periods, revenues from steam and power sales would continue since Titan would burn oil to fire the existing boilers in USM’s generating plant. Ferrous metal revenues would be foregone, however, and costs for the oil use would be incurred and deducted from the gross recovered resource revenues. In the N.E.S.W.C.—U.0.P. project, the mass burning plant includes three parallel process lines, and a two and one—half to three day refuse storage capacity in the pit. The boiler design capacity is 3,450 tons! day of 5,000 Btu/lb. solid waste, while the average boiler throughput is expected to be about 3,000 tons/day. The system includes a dump conden— sor that permits the plant to fire refuse during periods of turbine down- time. The project developers anticipate 15 percent scheduled annual plant downtime and feel that it will occur in periods of a few hours or more at different times throughout the year and will not necessitate bypassing any acceptable waste to the landfill. During periods of scheduled turbine maintenance (two weeks the first year and four weeks over every three calendar years thereafter), electri- city revenues will not accrue to the contract con unities. The S.E.S.W.C.—C.E.A. project includes a dual—line processing sys- tem, and a two—day refuse storage capacity. The plant capacity is 2,400 tons per day, while the average throughput is expected to be about 2,000 tons per day. The project developers anticipate a 15—20 percent downtime period annually when acceptable waste will have to bypass the recovery plant. During periods of downtime, Eco Fuel II revenues, if any would not accrue to the contract communities. 111 GORDIAN ASSOCIATES INCORPORATED ------- During outages caused by the plant operating entity, that firm pays any excess landfill costs in all three projects until the facility can accept waste again. If the outage is caused by a natural disaster or other cause which cannot be traced to a particular party, then a differ- ent set of mechanisms apply in each project. In the Bayside—Titan project, the company would apply insurance pro- ceeds and the alterations reserve fund. The alterations reserve fund can only be used with the concurrence of the Bayside Council. Any costs to restore the facility over insurance proceeds and the alterntionS re- serve could be secured by a borrowing or by capital infusion by Titan. In the N.E.S.W.C.—U.O.P. project, the company would first apply In- surance proceeds and issue bonds or otherwise raise revenues to restore the project. In the S.E.S.W.C.—C.E.A. project, the company would apply insurance proceeds. If insurance proceeds did not cover the costs, the company has the right to terminate the agreement or pay the restoration costs. All projects would try to minimize operational costs during outage. • Product Marketing and Revenues Each project, as a minimum, proposes to market an energy product (dry fuel, steam and/or electricity) and a ferrous product. Each proj- ect provides for some level of revenue sharing of all products sold, with the exception of the SE.S.W.C.—C.E.A. project, which only shares reve- nues from Eco Fuel II sales when the value exceeds a certain level. In the Bayside—Titan project, steam, electricity and ferrous metals are proposed for sale. The company would share all revenues from these products on an 85% — 15% basis. That is, contract coimuunities would re- ceive 85 percent of the revenues and the company the remaining 15 percent. Titan is negotiating an “all requirements” contract with the USM Corp. In essence, this contract would include a guaranteed minimum payment by that company for steam and electricity which will escalate with the price of oil. Steam may also be sold to Beverly Hospital. Too, Titan is negotiating a long—term contract for electricity sales to the New England Power Company. Ferrous metals are proposed to be marketed to the detinning industry (Vulcan Materials) under a long—term contract. Ferrous metal revenues could be offset by high freight costs to reach detinning markets; thus, ferrous revenues could be low when metals prices remain low. Ferrous revenues represent about five percent of the reve- nue stream. It should be pointed out that although the USM contract is an “all requirements” document with a sound pricing structure, there is no guarantee that USM will remain in its present facilities over the 20 year contract period that communities agree to. There are other tenants with steam and/or power demands to which Titan would continue to sell 112 GORD AN ASSOCIATES ]NCORPORATED ------- energy in the USM building complex and possibly another tenant would locate in USM’s place should it leave. If sufficient demand for power and/or steam were not available in the situation of USM vacating its pre— zuises, Titan would market additional electricity to NEPCO, but, most likely, at a lover price than received from USM. It is important to note that Titan’s first year recovered product revenues are capitalized as part of the bond issue, and thus, are guaranteed for that year. Reve- nues accruing each year are paid the next until the 20th year, when com- munities receive a double payment. In the N.E.S.W.C.—U.O.P. project, electricity, ferrous metals and aluminum are proposed for sale. Other materials may be recovered for sale, as is possible for the other two projects, but for purposes of this analysis, only electricity and ferrous metals are considered in evaluating the product revenue stream. U.O.P. is negotiating a long—term (20—year) “take or pay” contract for the electricity it would have available for sale. The electricity would be sold to New England Power Company. U.O.P. will share all of the electricity revenues on a 90% — 10% basis, with communities receiving 90 percent; however, U.O.P. guarantees a minimum electricity credit of $7.50 per ton of waste delivered to the plant, as long as the average annual heating value of the waste remains above 4,200 Btus/lb. and the plant is constructed at a 3,000 tons/day capacity. U.O.P. may also sell steam to the Western Electric plant adjacent to the proposed resource recovery plant site. A final decision to sell steam to this potential customer has not been made. Ferrous metals are proposed to be sold to scrap dealers in the Bos- ton area. Contract lengths for this market are uncertain and the prices fluctuate markedly. Ferrous metals revenues represent five to seven per- cent of the total revenue stream from this project. Contract communities would receive 100 percent of the first $15.00 per ton received from the sale of ferrous metals and 50 percent of the revenues received from sales of ferrous at prices in excess of $30.00 per ton. Cotuniunities would re- ceive 50 percent of the revenues received from any other materials and/or metals which might be sold. It is important to provide a discussion of the pricing structure which New England Power Company would use for purchasing electricity from either the Bayside—Tjtan project or the N.E.S.W.C.—U.O.P. project. NEPCO is proposing contracts with N.E.W.S.C.—U.O.P. and Bayside— Titan, both of which will, specify dispatchable capacity (Ky) to NEPCO and available energy (Kwh) per year. The dispatchable capacity and availa- ble energy will be negotiated on the basis of plant design capacity and expected output, less internal loads and energy to be applied to others (e.g., Bayside—Titan will be supplying steam and electricity to the USM Corporation in addition to electricity to NEPCO). 113 GORDL j-.r ASSOCLA TES INCORPORATED ------- During the term of the agreement, NEPCO will conduct a twice—yearly audit or test to determine the actual capacity dispatchable or deliverable to NEPCO. If the test reveals a capacity less than the contracted dis— patchable capacity, then for the next six months NEPCO will only purchase a fraction of the contractual electricity at its higher “incremental cost of fuel.” This fraction is equal to the ratio of audit capacity to con- tract capacity. The remainder of power delivered will be purchased at NEPCO’s average fuel cost, which is lower than incremental fuel cost. Incremental cost is expressed as a multiplier which is applied to NEPCO’s published monthly average fuel cost. At the present time, NEPCO’s average fuel cost is about 16 tnils/kilowatt hour. During on—peak periods a multiplier of 1.45 is applied to that average fuel cost (1.45 x 16 must Kwh) and during off—peak power demand periods a multiplier of 1.25 is applied (1.25 x 16 mils/Kwh) to arrive at the price NEPCO will pay for dispatchable power. The multipliers are adjusted annually and may go up or down. Since the Bayside—Titan project is supplying energy to USM during part of NEPCO’s on—peak period, it has calculated that its average multi- plier will be 1.32. However, the proposed contract for energy sales to USM includes a higher pricing structure. Thus, any increased power sales to USM that would affect its dispatchable capacity to NEPCO should more than offset any price reduction from NEPCO. The N.E.S.W.C.—U.0.P. project may have a slightly higher average multiplier of 1.34 based on a production schedule of 80 hours on—peak and 88 hours off—peak each week. Both projects will attempt to maximize power sales during on—peak demand periods. NEPCO predicts both an increase in the multiplier (which is affected by several variables such as load growth, nuclear power development, etc.) and its average fuel costs; however, the exact amount of increase and time when it will level off are uncertain. Electricity costs tend to fluctuate and specific trends are not always observable. The S.E.S.W.C.—C.E.A. project proposes to recover Eco Fuel II, a pro- prietary dry—fuel product made from processed solid waste, and ferrous metals. It may also recover other materials; however, Eco Fuel II reve- nues are the only product revenues that will be shared with the contract communities. C.E.A. has short—term contracts conditioned on successful Eco Fuel II testing with a private company and a utility. These would be the potential markets for Eco Fuel produced by the project; however, they could not consume all the Eco Fuel produced if the plant operates at a 2000 tons per day level. C.E.A. would have to develop other markets for the product. The company has indicated that it is discussing fuel sales with other markets. Too, the two contracted markets are a considerable distance from the proposed project and higher transportation costs will be incurred than from close—in markets. Since C.E.A. will share net 114 CORDIAN ASSOCIATES INCORPORATED ------- revenues F.O.B. the Peabody plant, transport costs impact significantly on Eco Fuel revenues. C.E.A. would share 35 percent of the net revenues F.0.B. Peabody from Eco Fuel II sales over $2.50 per million Btus with contract Communi- ties (District). For example, if Eco Fuel II is sold for $2.60 per mil- lion Btus, the contract coimnunjtjes would receive 35 percent of 10 per million Btus of fuel sold. Under the present pricing structure with the two identified markets, the value of Eco Fuel is tied to the price of displaced fuel oil used to generate power. The fuel price is discounted by the incremental costs incurred by the buyers in handling and firing the Eco Fuel and disposing of its ash residue. Since long—term test burns at these sites have not been completed, the ultimate incremental costs are uncertain. Too, the fuel product is not looked on as electri- city or oil or steam, which are well known and consistent in quality. Experience with Eco Fuel is limited, and it will be some time before its value can be predicted with more certainty and markets will commit to its long—term purchase as a supplemental, or perhaps, base fuel. Under the recent National Energy Act, which will permit certain oil burning gene- rators in New England to go to coal, additional markets for this product could be created, although C.E.A. will use this product in oil and/or coal—fired boilers. If the price of oil inflates markedly and the fuel product is suc- cessfully burned at buyer facilities, then revenues could accrue to com- munities within a few years after the plant is constructed. Otherwise, it could be several years before any revenues are realized by the commun- ities from Eco Fuel II sales. For all three projects it is important to mention that, historically, prices paid for energy or commodities such as ferrous metals have fluc- tuated, and the level of inflation or deflation of prices cannot be pre- dicted with certainty. Contracts for product purchase for a time period less than the project life provide no assurance that revenues will be available from that product over the project life. • Pollution Control Modifications Each project guarantees to meet all current pollution control laws. Any costs in meeting current laws will be covered by the project develop- ers. There is always the possibility of legislative changes which could increase the requirements for pollution control, particularly emissions control in each project. If such laws are enacted in the future, project costs could increase. Each project has a methodology for dealing with any changes or modifications required as a result of new legislation. In the Bayside—Titan project, an alterations reserve fund is maintained via each contract community paying 5O per ton of waste delivered. If the fund is never used, the cou nunities receive a P!2. rata share back 115 GORDIAr ASSOCIATES INCORPORATED ------- in the twentieth year. If needed, however, the fund is first used to pay for legislated or government required plant modifications. Costs over the amount in the reserve fund would be covered by increased tipping fees to the contract communities. In the N.E.S.W.C.—U.o.p. project, any legislated alterations which increase costs would be covered by an increased service fee to the con- tract communities. In the S.E.S.W.C.—C.E.A. project, required alterations would be fi- nanced by C.E.A., and the costs recovered over the operating period through an increase in the service fee. • Leases and Contracts Each project involves certain leases or contracts for such facilities as residue disposal site, plant site, power plant facilities, etc. It is important to understand the terms of these agreements. Since all pro— jec s are proposed for at least 20 years, the supporting agreements should cover that time schedule. If they do not, it is important to know what the project developers have planned to ensure that the necessary facili- ties or services are retained to maintain project viability. The Bayside—Titan project will lease a plant site and a power plant from the USM Corp., and sell energy to the company during the time per- iod the company remains at that site. The lease operating agreement, which was not made available to Gordian, provides for the power plant facilities and the resource recovery plant site to be available to Titan for at least 20 years. The company, as mentioned earlier, will not com- mit to buying energy for 20 years since it might vacate its facilities before that time. A landfill site or sites may be leased; however, at this time Titan is proposing to develop one, or more new landfills or modify and operate an existing site. In the N.E.S.W.C.—U.0.P. project, a plant site would be leased or rented from the Commonwealth of Massachusetts for at least 20 years. Sites for residue and raw refuse disposal and transfer station sites would also be guaranteed to be available over the life of the project. In the S.E.S.W.C.—C.E.A. project, the plant site would be leased from the City of Peabody for 20 years. The landfill site is leased by the Dis- trict from the City of Peabody. The District then leases the landfill to C.E.A. for the life of the project. It is important to note that in all projects, specific landfill site lives may not be for 20 years, even though leased for that time period or proposed for operation over that time period. Other sites may have to be acquired in the future. 116 GORDIAN ASSOCIATES INCORPORATED ------- VI. DISCUSSION OF SERVICE CONTRACTS AND RISKS • Overview As part of a Technical Assistance Program, analyses of the proposed service Agreements between the “conanunities” and the vendors have been provided. The Agreements analyzed here are: — Bayside—Titan — N.E.S.W.C.—U.o.p. — S.E.S.W.C.—C.E.A. The rationale of the analyses was to examine the proposed Agreements primarily from the viewpoint of the potential risk to the communities, so that they may better understand the risks involved. It should be borne in mind that the vendors were selected under a competitive bid process, and the Agreements analyzed under this Technical Assistance Program re- flect the end result of lengthy negotiations. Hence, comments relative to each proposed Agreement generally do not offer any reconunendations as to possible revisions of the Agreements. The analyses were generally concerned with “risks,” and in no event should they be viewed as an evaluation of all legal consequences involved. No opinion is offered as to the legal soundness of the Agreements. This would require the opinion of competent counsel admitted to practice in the Coonwealth of Massachusetts. 117 GORDL N ASSOCIATES INCORPORATED ------- • Contract Risk Analysis: Bayside—Titan Project The proposed Service Agreement between Titan’Environmental Operating Services, Inc. (TEOSI) and various communities of Massachusetts reflects a negotiated apportiotiment of risk,- b etween the parties. The Agreement provides that TEOSI be indemnified for willful or negligent acts of the customer, its agents or employees, and also for any failure of customer, its agents or representatives to perform any obli- gation imposed on It under the Service Agreement. A similar indemnification is provided to the customer by TEOSI. Where TEOSI requires a customer to, deliver acceptable waste to a landfill rather than thefaci].ity,the marginal expense for taking the waste to the landfill, if any, is.borne by the customer except where TEOSI is clearly at fault. The fixed and variable maintena ce costs (0 & M) 1s to be a negotiated figure agreed upon prior td any approva l’ of the Agreement by the customer. The Agreement also provides for the establishment of a reserve fund of $2.4 million, withheld from the proce ds of bonds to be applied as a credit against the service fees payable by th customers for the months included in the first year. This provision-provides a method of “leveling out” the net costs to the comniunities, and may compensate for the cost Incurred in the additional borrowing. The Agreement provides for continuing payment of the service fees by the customer even where there is a default by TEOSI, until six months had elapsed. However, where TEOSI fails to accept waste both at the facility and at the landfill, the customer may terminate the agreement upon giving written notice. The Agreement also provides for automatic abandonment of any action taken by either TEOSI or the customer in connection with an event of default by the other where a 90—day period passed during which the party initiating the action shall have failed to take any further action available to it to effectively prosecute the proceeding. The time period provided within which further action would have to be taken in order to prevent automatic abandonment may encourage expedient resolution to claims of default. The Agreement also requires TEOSI to submit industrial disturbances to arbitration, but without a requirement that TEOSI accept the arbi- trators ‘ decision. TEOSI, under this Agreement, can contract to accept “acceptable waste” under short—term contracts with any such arrangement going at the sole discretion of TEOSI. It is possible that under this arrangement, the 118 ------- short—term contract customers may pay a lower tipping fee than long—term contract customers, although the long—term contract customers will share in the receipts from the sale of recovered resources. Tipping fees from the short—term customers, if any, would be retained by the Company. 119 ------- ANALYSIS OF THE SERVICE AGRE 1ENT BY AND BETWEEN A CITY OR TOWN IN MASSACHUSETTS AND TITAN ENVIRON- MENTAL OPERATING SERVICES, INC. FOR THE RESOURCE RECOVERY PROJECT AT BEVERLY, MASSACHUSETTS Overview The proposed Service Agreement between communities in Massachusetts and Titan Environmental Operating Services, Inc. (TEOSI) is a lengthy document. From the communities viewpoint certain factors of the proposed Agreement are noted here with a more complete analysis following. • The Agreement provides that TEOSI be indemnified for willful or negligent acts of the customer, its agents or employees, and also for any failure of customer, its agents or representatives to perform any obligation im- posed on it under the Service Agreement. • Where TEOSI requires a customer to deliver acceptable waste to a landfill rather than the facility, the marginal expense is borne by the customer, except where TEOSI is clearly at fault. • Any action taken by either TEOSI or the customer in con- nection with an event of default by the other shall be automatically abandoned if the party initiating the action fails to take any further action available to it within 90 days to effectively prosecute the proceeding. • The Agreement requires TEOSI submit industrial disturbances to arbitration, but without a requirement that TEOSI accept the arbitrator’s decision. • TEOSI can contract to accept “acceptable” waste under short— term contracts with any such arrangement being at the sole discretion of TEOSI. It is possible that under this arrangement, the short—term contract customers may pay a lower tipping fee than long—term contract customers, although the long—term contract customers will share in the receipts from the sale of recovered resources. 120 ------- ANALYSIS OF PROPOSED SERVICE AGR.E NT BETWEEN TITAN ENVIRONMENTAL OPERATING SERVICES, INC., AND CONTRACT CO? WNITIES IN MASSACHUSETTS DRAFT AGREEMENT DATED 2/5/79 The following are coum ents on selected sections of the proposed service agreement between Titan Environxnental Operating Services, Inc., (TEOSI) and various communities of Massachusetts for the purpose of con- struction and operation of a solid waste and energy recovery facility in Beverly, Massachusetts. ARTICLE I DEFINITIONS Section 1.1 Excluded Waste Waste that would be otherwise acceptable waste can be classified as excluded waste by a community, or thus the community would not be responsible for payment of service fees to TEOSI for deliveries of such excluded waste. Any source may by agreement between TEOSI and the customer be excluded including single family dwellings, multiple family dwellings, commercial, institutional, and/or industrial waste. Each community shall identify before hand the sources of acceptable waste the coiunity will be responsible for, and these sources shall be incorporated into the Agreement with TEOSI. (To be added to each agreement as Exhibit A) Recognizable Capital Infusion This section provides that a recognizable capital infusion by TEOSI shall include all costs and expenses incurred by TEOSI, after the initial sale of bonds by the trustee, arising out of the construction of the facility or of any addition or alteration or acquisition and placing in operation of the landfill that was not paid out of the proceeds of the bonds or insurance or other funds available under the trust agreement. Subparagraph 4 of this section provides for reimbursement to TEOSI for all costs and expenses arising out of damage to the facility or project property unless due to TEOSI’s gross negligence or willful misconduct, subject to offset by net insurance proceeds under section 4.10 of this agreement. 121 ------- ARTICLE II EFFECTIVE DATE, TERN AND EXTENSIONS Section 2.2 The term of this Agreement can be as long as thirty five (35) years. However, the customer can only be held to a twenty year (20) length pursuant to Article XIV of this Agreement. ARTICLE III UNDERTAKINGS OF CUSTOMER Section 3.1 Delivery of and Title to Waste Subsection 3.1.1 requires that acceptable waste of the sorts and from the sources (as set forth in a separate Agreement between each community and TEOSI to be annexed to each service Agreement as Exhibit A) be delivered to the facility or to landfill. The information contained in Exhibit A will be used to define the basis for tonnage to be credited against a customer’s guaranteed minimum tonnage and for purposes of billing. Section 3.7 Prohibition Against By—laws or Ordinances Diminishing Quantity of Recoverable Materials to be Delivered . This section requires that anti—scavenging provisions be rigorously enforced. If a community institutes a structured source separation program, the ability of a community to rigorously enforce an anti—scavenging law without incurring an unnecessary burden could be open to question. Section 3.8 Indemnification This section provides the customer shall indemnify TEOSI not only for wilful or negligent acts of the customer, its agents or employees, but also for any failure of customer, its agents or representatives to perform any obligation imposed on it under the Service Agreement. A similar indemnification is provided by TEOSI to the customer under Section 4.11. ARTICLE IV UNDERTAKINGS OF TEOSI Section 4.3 Landfill Where TEOSI requires a customer to deliver acceptable waste to a landfill rather than the facility, the marginal expense is borne by the customer except where TEOSI is clearly at fault. 122 ------- Section 4.5 Energy and Material Recovery In Subsection 4.5.1 minimum standards of performance for TEOSI with respect to conversion of waste to energy and materials recovery is not provided. Of course, effective minimum standards could be difficult to set, given the variability of municipal solid waste. ARTICLE V GUARANTEED MINDIUN TONNAGE OF WASTE Section 5.1 Guaranteed Minimum Tonn Subsection 5.1.2 provides that unusual and nonrecurring waste tonnages delivered in any year, agreed upon in writing by the customer and TEOSI, shall be excluded from the basis upon which the guaranteed minimum tonnage requirement is established for the customer in the subsequent years. This exclusion clause should not be overlooked by the communities during the test year. ARTICLE VI SERVICE FEE Section 6.1 Calculation of Service Fee In subsection 6.1.1 (components of service fee), the fixed and variable maintenance costs (TEOSI’ 5 O&M) Is given as a single element O which is to be a negotiated figure agreed upon prior to any approval of the Agreement by the customer. Section62 Service Fee Credit Account This section provides for the establishment of a reserve maintained by the trustee under this Agreement whereby a fund of 2.4 million dollars shall be withheld from the proceeds of the bonds to be applied as a credit against the service fees payable by the customers for the months included in the first year. This provision provides a method of “leveling out” net costs to the communities, and may compensate for the costs incurred in the additional borrowing. Section 6.3 Recovered Resource Revenue Revolving Fund Subsection 6.3.1 (Estab1is ent with Trustee Availability.) The apportio e between the revolving fund and TEOSI of the remainder of receipts after TEOSI has been reimbursed for oil or fuel costs will be agreed upon prior to approval of the Agreement. 123 ------- Section 6.4 Depreciation Credit This section contains a clause to the effect that if an unfavorable ruling on depreciation of the facility is obtained from Internal Revenue Service, the percentage apportionment for the trust funds in Section 6.3.1 and 6.3.2 shall be altered. The amount of the percentage apportionment referred to in this section will be identified and agreed upon prior to approval of execution of the Agreement. ARTICLE VII SERVICE ADJUSTMENTS This section contains various selected indexes which can be applied to adjust the service fee amounts. The referred to selected indices will be identified and agreed upon prior to approval of execution of the Agreement. ARTICLE XII DEFAULTS Section 12.2 Remedies of Customer Upon Default of TEOSI This section provides that the customer may terminate the agreement after six months default by TEOSI; however, no termination shall take place until a party able to assume all of TEOSI’s obligations under this agreement shall have undertaken the same by entry into an agreement with the customer. Under subsection 12.2.2, where TEOSI fails to accept waste both at the facility and at the landfill, the customer may terminate the agreement upon giving written notice. A similar provision in Section 12.3 provides TEOSI’s remedies upon default by the customer. Section 12.4 Abandonment of Agreement, No Waiver This section provides for automatic. abandonment of any action taken by either TEOSI or the customer in connection with an event of default by the other where a ninety (90) day period passed during which the party initiating the action shall have failed to take any further action available to it to effectively prosecute the proceeding. The relatively short ninety (90) day period within which further action would have to be taken in order to prevent automatic abandonment should encourage expedient resolution to claims of default. 124 ------- ARTICLE XVI MISCELLANEOUS Section 16.1 Excuse from Performance Subsection 16.1.1 requires TEOSI submit industrial disturbances to arbitration, but without necessarily any commitment on the part of TEOSI to accept the arbitrator’s decision. While it is likely that a reasonable arbitrator’s award would be accepted by TEOSI, it is not mandatory. Section 16.2 Other Long—Term Contracts Subsection 16.2.3 permits TEOSI to contract to accept “acceptable waste” under short—term contracts with any such arrangement being at the sole discretion of TEOSI, and with only the receipts from the sale of recovered resources included in the proceeds for customer benefit. While it is possible that under this arrangement, the short—term contract customers may pay a lower tipping fee than long—term contract customers, the long—term contract customers will share in the receipts from the sale of recovered resources. ARTICLE XVII GUARANTEE BY TITAN GROUP INC . This Article provides that Titan Group Inc., will assume all of the obligations and duties of TEOSI as contained in this Agreement. The form of the guarantee when approved, will be incorporated into the Agreement as Exhibit C. If TEOSI fails to perform its obligations under the Service Agreement, then Titan Group would agree to assume the performance of the TEOSI obligations. 125 ------- • Contract Risk Analysis: S.E.S.W.C—C.E.A. Project The proposed Service Agreement between the Southern Essex Solid Waste Disposal District and Combustion Equipment Associates, Inc., reflects a negotiated apportionment of risk between the parties. Under the proposed Service Agreement, the District has the responsibility for providing an approved landfill site and for constructing the access road to the landfijl at the District’s own expense. If a site is not provided, the Company may obtain an alternate site and add the incremental cost to the tipping fee. The Agreement also provides that the Company can landfill up to 40% of the solid waste without penalty. Penalties are provided if the Company landfills more than 40% of all solid waste delivered where specified periods are exceeded. The Company may contract for quantities of solid waste from private sources above its con irment to the District. No time limitation is provided for the duration of Company contracts with outside parties. The District is given first option to provide Class One waste to fill any available capacity above that which the Company is otherwise committed to receive; however, it is possible that the Company could contract for waste from outside parties, such that no spare capacity would be available to the District. The Agreement also provides for a waiver by the District of any claim for special or consequential damages as a result of acts of the Company. The District may recover only direct losses from the Company as a result of the Company’s acts. In addition, the Agreement provides for renegotiation after five years if either party deems the Agreement to be grossly inequitable to it. This renegotiation clause is available, of course, to both the District and the Company. Binding arbitration is provided for if the parties cannot agree to a new Agreement. Excluded from consideration as gross inequity would be any adjustments to the Agreement as a result of a misestimate, errors in calculation or changes in price levels of recovered products or the development of alternative systems for processing solid waste. 126 ------- ANALYSIS OF THE SERVICE CONTRACT FOR RESOURCE RECOVERY/SOLID WASTE MANAGEMENT BETWEEN THE SOUTHERN ESSEX SOLID WASTE DISPOSAL DISTRICT AND COMBUSTION EQUIP- MENT ASSOCIATES, INC. ( DATED MARCH 1977) Overview This report presents a risk analysis of the proposed Service Contract for Resource Recovery/Solid Waste Management between the Southern Essex Solid Waste Disposal District (SESWDD) and Combustion Equipment Associates, Inc. (CEA) dated March 1977. There are, in addition to this document, other instruments including (1) the Memorandum of Understanding dated March 22, 1977 between the Southern Essex Solid Waste Council and CEA; (2) the Agreement between the City of Peabody and SESWDD for the site of the landfill and the “facility”; and (3) the Act (as amended) of the Commonwealth of Massachusetts (Chapter 770, Acts of 1975; and Chapter 420, Acts of 1977), which established the SESWDD. The analysis presented here consists solely of the Service Contract document between SESWDD and CEA. Given below are certain selected factors whi h may impact the District, with a more expanded analysis given in the following section of this report. • The District has responsibility for providing an approved landfill site and for constructing the access road to the landfill at its own cost. • The Company may contract for quantities of solid waste from private sources above its commitment to the District. No time limitation is provided for the duration of Company contracts with outside parties. • The District may recover only direct losses from the Company as a result of the Company’s acts. • The Agreement provides for renegotiation after five years if either party deems the Agreement to be grossly inequitable to it. 127 ------- ANALYSIS OF SERVICE CONTRACT The following are comments on selected sections of the proposed service contract for resource recovery/solid waste management between the Southern Essex Solid Waste Disposal District and Combustion Equipment Associates, Incorporated, dated March 1977. ARTICLE 1 Section 101 Specific Definitions “Consumer Price Index Adjustment” is a factor determined by the amount that the consumer price index for Boston Metropolitan Area for the month of November of each contract year, exceeds or is less than the consumer price index for the month of November, 1977. This factor is used to adjust the basic service fee to reflect changes In inflation for the Boston Metropolitan area. Of course, the actual annual change may be greater or less than the 5.5 percent per annum increase estimated by the Company. ARTICLE II Section 201 Responsibilities of Company and District A.(l) Failure by the Company to complete the facility in thirty—six months Is given to be a default, and the District shall have the option in such an event of default to terminate the agreement. While delay in plant availability could result in some additional expense to the District, the alternative option available to the District to terminate the agreement may be precluded by the time default becomes evident. C. This subsection provides that street sweepings shall not be mingled with other forms of municipal waste. Although the District has the burden for segregation of Street sweepings, no penalties are provided for failure to segregate the street sweepings. Under the Section 101 definition for “solid waste,” Street sweepings would be classified as a Class I solid waste. Section 202 Acceptance of Solid Waste A. This subsection (and subsection 201 C) provide for minimum and maximum quantities of municipal solid waste (MSW) to be guaranteed by the District, and for the District to pay for the minimum, whether or not delivered for processing. However, the District may deliver Class I solid waste from sources other than member municipalities if necessary to meet the minimum commitment. 128 ------- Section 206 Disposal Responsibility B. Subsection B obligates the District for disposition of MSW in excess of the maximum guaranteed quantity. In addition, this section provides that Class II solid waste in excess of the twenty percent (20%) limitation for inclusion in municipal solid waste classification, will not be included in the credit against the minimum co nitment of the District. ARTICLE III DISPOSAL AND FACILITY SITES Section 302 Scheduled Availability and Condition of Disposal This section requires the District have a disposal site available and approved as a sanitary landfill, or, the company may obtain an alternate site and add the incremental costs to the tipping fee. Alternatively, the Company has no obligation to build the facility if a disposal site is not leased to the Company. Failure of the District to provide an approved landfill could result in extra costs or possible cancellation of the project. Section 306 Limited Rights of the Company to Use the Disposal Site Subsection 306 E provides for the District having the right to obtain title to the solid waste if the company landfills more than forty percent (40%) of all MSW delivered for specified periods. Care should be exercised to ensure that the landfill site provided by the District will be adequate for the life of the project. Landfilling large quantities of unconverted municipal solid waste, besides being ecologically regressive, could pose a threat of exhaustion of the landfill’s capacity. Section 307 Restoration of the Disposal Site by the Company The landfill restoration plan referred to as Exhibit E was not included in the document analyzed. Section 310 Responsibility of the District to Lease the Facility Site The attachment F referenced to this section was not included in the document analyzed. This section also makes the District responsible for constructing the access roads to the landfill at the District’s expense. ARTICLE V PAYMENTS Section 501 Payments to the Company This section provides for payment, for each billing period, of the “total tipping fee.” The tipping fee is calculated subject to Section 202A, 129 ------- which provides for quarterly averages of MSW deliveries to be used. The quarterly averages may be somewhat greater or lesser than actual quantities of MSW delivered. ARTICLE VI COVENANTS BY THE COMPANY Section 602 Scale and Tests This section provides for the company to determine the composition of solid waste and the residue from the facility on at least an annual basis. More frequent composition testing on a seasonal basis would presumably be conducted when necessary. ARTLCLE VII OTHER USERS, SEPARATION PROGRAMS AND OTHER MATTERS Section 701 Other Users This section permits the company to contract for solid waste quantities above its commitment to the district. The district is given first option to provide Class I waste to fill any available capacity above that which the Company is otherwise committed to receive, although it is possible that the Company could contract for waste such that no spare capacity would be available to the District. No time limitation is provided for the duration of Company contracts with outside parties. Section 702 Competitive Facilities This section requires the District to dispose of solid waste which the Company has indicated it will not accept under this agreement. This section also provides that acceptance by the company of solid waste from the District which is municipal solid waste in one or more instances or under one or more circumstances shall not constitute a waiver of such limit or restriction and shall not in any way obligate the Company thereafter to accept the solid waste which it otherwise would not accept. ARTICLE IX INDEMNITY, WARRANTY AND DEFAULT Section 901 Indemnification Subsection A (ii) provides for a waiver by the District of any claim for special or consequential damages. Under this section the District may recover only direct losses from the Company as a result of its acts. 130 ------- ARTICLE X GROSS INEQUITIES Section 1001 Gross Inequities A. This subsection provides for renegotiation of the agreement after five years if either party deems the agreement to be grossly inequitable to it. This renegotiation clause is available, of course, to both the District and the Company. The term “gross inequity” is not further defined in this subsection. B. This subsection provides for binding arbitration if the parties cannot agree to a new Agreement pursuant to Subsection 1001A. C. This subsection removes from consideration as a gross inequity, ad- justments to the agreement as a result of misestimate, errors in calculation or changes in price levels of recovered products or the development of alternative systems for processing solid waste. ARTICLE XII Section 1202 Form of Consent This section requires that all consents of any kind shall be in writing, and when the District’s consent is required, such consent may be given by the authorized representative of the District. The Agreement does not indicate the input of the District members to the District Representative prior to his acting in behalf of the District. 131 ------- • Contract Risk Analysis N.E,S.W.C.—U,o.p. Project The proposed Agreement between the Owner Trustee (acting for and on behalf of the equity owners) and the contract communities, reflects a negotiated apportionment of risk between the parties. Under the proposed Agreement, the communities will have an unconditional obligation to pay the base fee for the guaranteed annual tonnage quantity. The requirement that the contract communities must pay the base fee regardless of the circumstances is imposed to provide maximum security primarily to the bondholders and, to a lesser extent, to the Owner Trustee. Where shutdown can be determined to be the fault of a particular contract conmiunity, that community would be required to pay the shortfall tonnage payment for all guaranteed annual tonnage for all contract communities pro- rated for the period of the shutdown, subject to offset by net proceeds of business interruption insurance. The effect of the shortfall tonnage payment falling upon one community could be substantial. Another offset to the unconditional obligation of the communities to pay the base fee is that the Owner Trustee has an obligation, in most cases, to pay the energy guarantee sum to the communities. The facility need only process acceptable waste (generally any household discard), but the Owner Trustee has fairly broad powers to refuse waste deemed by it to be unacceptable. The burden of proof on wrongful refusal is on the customer, but if it is eventually determined that the Owner Trustee is wrong in its refusal of the waste, then the Owner Trustee will be required to reimburce the customer for all direct costs and expenses incurred by the customer in hauling away and disposing of such wrongfully refused acceptable waste. The operating and maintenance cost component of the service fee is based on a guaranteed value (O&M cost estimate as of March 1, 1975) subject to adjustment for changes in the Boston Metropolitan Area consumer price index. The O&M cost thus derived from adjustment of the 1975 value may be greater or lesser than actual O&M costs for the plant operation. The landfill for disposal of residue and for solid waste during shut- down of the plant will be owned and operated by the state and not by the Owner Trustee. The actual costs for landfill are passed on to the community and may be higher or lower than the cost included in the operating and maintenance charge. The Agreement contains a disclaimer by the Owner Trustee and the operator for special, consequential or indirect damages regardless of the Owner Trustee’s actions. Recovery of damages by the contract communities is limited to direct losses incurred by the communities themselves. 132 ------- The Agreement provides that an action approved by two—thirds majority of the contract communities is binding on all contract communities. One other aspect of the Agreement is that the contr ct community representative is empowered to make administrative decisions which are binding upon the contract communities. The contract communities have the right in most cases to provide counsel and advice to the representative, but it remains incumbent upon the contract communities to avail themselves of this opportunity. 133 ------- ANALYSIS OF THE SOLID WASTE DISPOSAL AND RESOURCE RECOVERY AGREEMENT FOR THE NORTHEASTERN MASSACHUSETTS RESOURCE RECOVERY PROJECT AT NORTH ANDOVER, MASSACHUSETTS Overview The proposed Solid Waste Disposal and Resource Recovery Agreement to be executed by the communities and by the Owner Trustee acting for and on behalf of the equity owners is a lengthy document, reflecting to some extent the large number of communities involved. From the communities’ viewpoint certain facets of the proposed agreement merit special attention because of their potential impact on the communities. • The communities will have an unconditional obligation to pay the base fee for the guaranteed annual tonnage quantity. In most cases, however, the Owner Trustee would have an obligation to pay the energy guarantee sum to the communities. • The Owner Trustee only has an obligation to accept “acceptable waste” and has the right to refuse to accept delivery of waste that it deems to be unacceptable waste with the burden of proof on the communities that the waste delivered was not acceptable waste. • The operating and maintenance charge is based on a guaranteed figure subject to adjustment for changes in the Boston Metropolitan Area consumer price index. • The landfill for disposal of residue or solid waste during shutdown of the plant will be owned and operated by the State, and not by the Owner Trustee. • Liability of the Owner Trustee is limited to direct losses incurred by the communities themselves. • All contract communities are bound by an action approved by two—thirds majority of the contract communities. 134 ------- ANALYSIS OF PROPOSED N.E.S. .C.-u.o.p. AGREEMENT The following are comments on selected sections of the proposed Solid Waste Disposal and Resource Recovery Agreement between the certain communities of Northeastern Massachusetts and Southeastern New Hampshire and the Owner Trustee (who will have an agreement with U.O.P. for construction and operation of the facility) dated December 29, 1978. Recitals The first recital provides for source separation programs which have been previously described to and approved by the Owner—Trustee as now in being, or as may be developed in the future co—operatively with the Owner Trustee. This is further clarified in Exhibit B (Source Separation) which is part of this Agreement, and which provides that citizens of any contract community can practice source separation without restriction for the recovery and recycling of waste materials for the benefit of the contract community or any charitable purpose. The ninth recital indicates that tJ.O.P. (the contractor) provides the guarantee which flows directly to all communities that are parties to the Agreement, for the performance of the operator (pursuant to the operating agreement between the Owner Trustee and the operator), of all the provisions of the Agreement considered in this analysis. The complete guarantee is given in Exhibit D, “Guarantee.” SECTION I Definitions B. Types of Waste 1) Acceptable Waste. This subsection provides that all household waste disposed of by the individual customer shall be covered under the definition of Acceptable Waste, including oil, paint, and other items that would otherwise be proscribed, as long as their dis- posal was by the individual customer. This subsection also provides for branch and tree trunk sections to be limited to specified lengths and diameters. SECTION II Capacity and Operation and Maintenance of the Facility 13) Residue Disposal. The landfill will not be owned or operated by the Owner Trustee. Under the Agreement the landfill is to be made available to the Owner Trustee by the contract communities or by the Common- wealth of Massachusetts who are believed to be better able to obtain the necessary approvals for a landfill. 135 ------- The actual costs for landfill are passed on to the community and may be higher or lower than the costs included in the operating and maintenance charge. 15) iii.Wrongfu]. Refusal. The Owner Trustee can refuse acceptance of waste under four specific circumstances, but the burden of proof on wrongful refusal is on the customer. If it is eventually determined that the Owner Trustee was wrong in its refusal of the waste, then the Owner Trustee will be required to reimburse the customer for all direct costs and expenses incurred by the customer in hauling away and disposing of such wrongfully refused acceptable waste. 12) Transfer Stations. Although the transfer stations are not owned or operated by the Owner Trustee, the Owner Trustee through the Agreement, has management responsibilities and may require changes as to the operation of the transfer stations. SECTION III Resource Recovery This Section provides for sale of electricity and for the recovery and sale of ferrous metal and aluminum. A separate electric power purchase agreement, to be approved by the communities also provides for the sale of certain quantities of steam. SECTION V Shutdowns 2) Payment on Shutdown. a) Communities must pay the base fee where the shut- down has been caused by some act of a private hauler. The higher costs to the communities may be offset by the net proceeds from business interruption insurance. Also, in most cases, the Owner Trustee has an obligation to pay the energy guarantee sum to the communities and to proceed against the private hauler for damages. b) If the plant is shut down through customer fault, that community would be required to pay the base fee for the period of outage based on the guaranteed annual tonnage prorated for the period of shutdown plus the shortfall tonnage payment for all guaranteed annual tonnage of all contract communities prorated for the period of the shutdown; subject to offset by net proceeds of business interruption insurance. The effect of the shortfall tonnage payment falling upon one community could be substantial. 136 ------- c) This section provides that the base fee in the shortfall tonnage payment is due from each community unless it can show that it was not responsible for the act or omission causing the shutdown; said payments are subject to offset by net business interruption insurance proceeds. d) Where the shutdown results from the fault of the Operator or the Owner Trustee, the Owner Trustee may, at its option and expense, require that the contract communities landfill their waste. Under these circumstances, the Owner Trustee can pass the burden of waste disposal back onto the contract conmiunities while requiring that the communities continue to pay to the Owner Trustee the base fee calculated as though the waste tonnage had been delivered and accepted at the facility; subject to liquidated damages to reimburse the conmiunities that would, in turn, be subject to any offset from net business interruption insurance proceeds. SECTION VI Compensation and Revenue Sharing The compensation methodology consists of a series of interrelated equations, which provide maximum security primarily to the bond holder and to a lesser extent to the Owner Trustee, since the contract communities must pay the base fee regardless of the circumstances. 3) Adjusted Operating and Maintenance Costs. The annual operating and maintenance cost component of the service fee is based on a guaranteed value of $3,700,510 as of March 1, 1975, adjusted by the consumer price ratio of the current period for the Boston Metropolitan Area divided by the consumer price index for the Boston Metropolitan Area as of March 1975. The O&M costs are based on a predetermined value, and the actual O&M costs may, in fact, be greater or lesser than the adjusted value employed. 4) Guaranteed Tonnage. Subsection 4 iii (a), (b), and (c) provides for liquidated damages where the customer can prove that the Owner Trustee did not act in good faith in maintenance of the facility so that it could receive and process acceptable waste. The burden in proving bad faith under this subsection is on the communities. 137 ------- 5) Change in Composition or Laws or Unforeseen Circumstances. (i) The reference composition given in Exhibit E “Waste Composition” may not, in fact, be representative of the present waste stream, because of the variability of waste streams on a seasonal basis. The Exhibit E reference Composition Is for use in estimating potential energy and materials recovery. However, it is possible that failure to meet the reference composition, for acceptable waste as presented in the Agreement, may not be as a result of conditions arising from this section, but may be inherent in the wide variation that can occur in the composition of the solid waste as generated. Subsection ii provides that the Owner Trustee may increase the service fee if there are any material increases in costs as a result of any change in Federal, State, or local laws, rules or regulations. No definition of what would be a “material” cost increase is provided in this section. Subsection iii provides that the service fee can be adjusted for any unforeseen circumstances which would have a major effect in altering the financial conditions upon which the Agreement was based. An unforeseen circumstance shall not include the consequences of errors of design, construction or operation on the part of the Owner Trustee (or UOP). Subsection iv provides that the contract community representative can agree to the adjustments sought under Subsections 1, ii, and iii of Section 5, and such agreement would be binding upon the contract communities. This subsection also provides for arbitration in the event that the contract community representative and the Owner Trustee cannot agree on the amount of adjustment, but in no event can the base fee values A and B be reduced because the fees they represent are required for the bond holder. 6) Time of Payment and/or Credit. Subsection 6(i), service fee, provides that the Owner Trustee invoice the customer in the middle of each month for the services to be rendered for the full month. This invoice is based on an estimate made by the Owner Trustee of the services provided during the month of billing. 138 ------- Subsection ii (adjusted operating and maintenance cost billing) provides that at the end of each fiscal year, the Owner Trustee will adjust the operating and maintenance cost for the actual consumer price index for the year of operation from the March 1975 base. 7) Unconditional Obligation to Pay. This section provides that the obligation of the customer to pay the base fee is absolute and unconditional, regardless of whether the facility is shutdown or otherwise does not accept and process acceptable waste. This section requires the contract communities continue to pay the base fees, and, if there is any dispute or counterclaim, recovery of any overpayment would be a separate issue. 8) Recovery of Owner Trustee Costs. This section provides that if the Owner Trustee makes any alteration or addition at its own expense, which increases the amount of recovered metals or materials which were not previously recovered, the marginal revenues obtained from the marginally recovered materials or metals would be reserved to the Owner Trustee until they had recovered an amount equal to 120% of the cost to the Owner Trustee of such alteration or addition. The excess over 100% of cost recovery represents a financing charge imposed by the Owner Trustee. After the Owner—Trustee has recovered the 120% of cost, the communities would share in the marginal revenues received from such addition or alteration on a 50—50 basis. 9) Independen: Audit. This section provides for an audit of certain selected records and tickets of the facilities operations. The communities have the right to see all records in which they have an interest, but all the books and records of the Owner Trustee are not available for audit without reserve. The communities may have the audit con- ducted by a public accountant of their choice, at the communities’ expense. 139 ------- SECTION VIII Indemnification 3) Limitation of Liability. This section contains a disclaimer by the Owner Trustee and the operator for special, consequential or indirect damages regardless of the Owner Trustee’s actions. Recovery of damages is limited to direct losses incurred by the communities themselves. SECTION X Insurance 1) Types of Insurance for the Owner Trustee. Subparagraph iv, (property damage insurance) provides that the proceeds of property damage insurance shall be applied toward the repair and rebuilding of the facility if the Owner Trustee so elects, unless the contract cormnunities and all interested parties shall otherwise agree in writing. 4) Settlement of Claims. The settlement of claims under an insurance policy by a customer or the contract community representative is subject to the Owner Trustee’s written consent to a proposed settlement, which consent is not to be unreasonably withheld. SECTION XI Default and Termination 2) Events of Default by Owner Trustee. Subsection i(b) provides that an event of default on the part of the Owner Trustee shall abate if appropriate steps to correct such default are taken within 60 days of the date of written notice provided by the contract communities to the Owner Trustee. Arbitration is not provided in this subsection if there is any dispute over whether or not the steps taken by the Owner Trustee are reasonable in attempting to correct such default matters. SECTION XIV Miscellaneous 6) Action of Contract Communities. This section provides that where action be taken by the contract communities, that an action will be binding if approved by two— thirds of the non—defaulting contract communities which also represent two—thirds of the total guaran- teed tonnage of all non—defaulting contract communi- ties. Although a provision such as this may be necessary in order to prevent one or two contract communities from tying up the total project by their 140 ------- refusal to Support some action wanted by at least two—thirds of the non—defaulting contract communities it Should be recognized by each contract community that they could be in the minority and would, in effect, have to accept decisions imposed upon them by a two—thirds majority of the contract communities. 15) Condition Precedent. This Section provides that if the guarante annual tonnage from all contract Communities does not exceed 560,000 tons, the Agreement shall be void and of no further effect. As provided for in Subsection xiv (la), this Agreement is also contingent upon the contract Community representative ? 5 approval of the terms of the financing, the terms of the resource recovery Construction agreement, the terms of the operating agreement, the terms of the electric generating construction agreement, and the terms of the performance trial agreement. 141 ------- VII. LANDFILL SITUATION IN THE BOSTON NORTHSHORE AREA The primary purpose of EPA’s technical assistance effort has been to define the risks and potential costs associated with three proposed re- source recovery projects. In order to properly evaluate the acceptability of these risks and costs, it is important that local communities also analyze the risks and costs associated with the existing and future re- liance on land disposal as a primary solid waste management option. All resource recovery projects will require the land disposal of some wastes and residues; therefore, the decision with respect to resource recovery versus landfilllng is not a decision of whether or not to use the land for disposal, but rather a decision as to the extent to which it will be utilized. • Status of Solid Waste Management Facilities in Northeastern Massachusetts The risks and potential costs of the continued operation of existing facilities are a function of the location of the sites and the resultant potential for adverse environmental impacts and the regulatory status of the sites. The following status report on existing sites in Northeastern Massachusetts is based on discussions with the Massachusetts Department of Environmental Quality Engineering (DEQE) held during March of 1979. A total of 47 towns, including the ten client communities which re- quested technical assistance from EPA, have been considered in this re- view. Thirty—one of these towns dispose of their solid wastes within their borders, while the rest send their wastes out of town for disposal. There are also 31 land disposal facilities in the region, 87 percent of which are publicly owned. As of March, 1979, only four (13 percent) of the land disposal facilities in the region are in compliance with the State’s solid waste disposal regulations. Twelve non—complying land disposal facilities in the Northeastern Massachusetts area have been referred to the Attorney General’s office for court action to require upgrading or closure. Twenty—seven of the 31 (87 percent) land disposal facilities may pose threats to surface water quality by virtue of being located in or adjacent to wetlands. Four sites may be adversely affecting current water supplies, while an- other site has contaminated and forced the closure of several private water supply wells in one city. In the past year, three court decisions have resulted in fines of $30,000 for the Town of Manchester and $25,000 each for the cities of Lowell and Peabody. 142 GORDIAN ASSOCIATES INCORPORATED ------- Methane gas generation and build—up problems have been encountered at four landfills in Northeastern Massachusetts. A closed land disposal facility in this region is generating significant amounts of methane, and gas control measures costing over two million dollars have been employed to protect nearby residences. it is probable that methane gas generation problems exist at other landfills in this region. In the ten client cotxmiunitjes, four are transferring their wastes out of town for disposal while the remaining six are disposing of their waste at landfills in town. None of the six in—town landfills are satis- fying current state solid waste regulations. Specifically, five of the six are located in or adjacent to wetlands and one poses a threat to a current water supply. One of the six facilities is known to have a methane gas generation problem. • Factors Affecting the Viability of Land Disposal as a Long—Term Solid Waste Management Solution The potential costs and risks associated with the continued use of existing sites or the establishment of new sites are a function of tech- nical constraints (e.g., soils, hydrogeo].ogy), political and social con- siderations (e.g., site assignment provisions), and regulatory require- ments (e.g., site design and operational parameters). Northeastern Massachusetts is an area of poorly drained lowlands, many underlain by glacial deposits of sand and gravel, and hills of bed- rock and glacial till. Large supplies of groundwater may be obtained from the sand and gravel deposits which are usually less than 50 feet thick, but may be as much as 200 feet thick. Relatively small supplies of groundwater are obtained from the bedrock and till deposits found in this area. Precipitation in this region averages nearly 43 inches per year. This precipitation is distributed fairly evenly throughout the year and is the primary source of the region’s water. Of the total precipitation, about 21 inches is transpired by plants or lost to evaporation. The re- maining 22 inches runs off to surface streams and/or infiltrates to the groundwater and eventually discharges to surface waters. This excess precipitation virtually guarantees the production of leachate at land- fills located in Massachusetts. Leachate is produced when water perco- lates through solid wastes, carrying away with it dissolved and suspended contaminants. Leachate mixing with groundwater may render it useless for drinking water purposes. Unlike surface water, where velocities are measured in feet per min- ute, groundwater moves extremely slowly. The movement Is usually measured in feet or tens of feet per year. Therefore, once contaminated, it may take a hundred years or more for aquifers (groundwater reservoirs) to purge themselves of contaminants. 143 GORDIA ASSOCIATES INCORPORATED ------- Landfills located over sand and gravel deposits pose the greatest threat of groundwater contamination. Leachate, when produced, can move over relatively long distances in these materials. These deposits, as previously stated, are capable of producing significant amounts of ground- water for water supplies. If landfills are located in these deposits, expensive precautions such as the installation of liners, leachate col- lection systems, etc. may be required. The tills of Northeastern Massachusetts are relatively impermeable (do not allow groundwater or gas to move through very easily) and are generally suitable for landfilling if they are of sufficient thickness and do not have high water tables. The impermeability of the tills usually requires the use of gas control measures (venting, etc.) to pre- vent the buildup of decomposition gases (methane) to explosive limits in the soil or nearby structures. Wetlands make up a significant portion of this region’s surface area, particularly in the coastal regions. Federal and State regulations pro- hibit the disposal of solid waste into these areas. In addition to the hydro eologic constraints discussed above, there are political and social constraints to the siting of land disposal facil- ities. Massachusetts is unique in that Chapter III, Section 150A of the Massachusetts General Law requires that land disposal sites be assigned by the local Board of Health. This subjects the landfill siting process to strong local political and social pressure. In effect, local oppo- sition can halt the location of even the most environmentally acceptable land disposal facility. In this particular area, many conunities nave experienced serious problems in the location of new landfill sites as their existing facilities reach capacity. In the last five years, only one new land disposal facility has been located in this region. Only four new facilities have been located here in the past ten years. Once a site has been assigned by the local Board of Health, a site investigation must be undertaken. The data generated by this investiga- tion, along with plans and specifications for landfill design and opera- tion, must be submitted to the Massachusetts DEQE for review and approval. If the facility exceeds 25 acres or will receive 250 acre feet of solid waste, an environmental impact report is also required. In addition, before any solid waste can be received at the facility, all preliminary engineering and site preparation must be completed. It can take from two to five years (including budget appropriation at town meetings) to complete the above process; three years is co on if an environmental impact report is not required. It is estimated that it costs from $50,000 to more than $200,000 to do this work, depending on site size, data re- quirements, and existing conditions. 144 C.ORDIAN ASSOCIATES INCORPORATED ------- • Future Impact of Federal/State Regulations on Land Disposal In the near future, the Resource Conservation and Recovery Act will begin to have an impact on the costs and legal risks associated with op- erating land disposal sites. The Resource Conservation and Recovery Act of 1976 (PL 94—580) required the Environmental Protection Agency to develop criteria for sanitary landfills. These criteria were to provide minimum standards for determining which disposal facilities pose no reasonable probability of adverse effect on health or the environment. On February 6, 1978 the Criteria for the Classification of Solid Waste Disposal Facil- ities were proposed in the Federal Register . It is expected that these criteria will be finalized and promulgated by the end of July 1979. Although the “Criteria” are not Federally enforceable, states will be required to upgrade their solid waste regulations to satisfy the re- quirements of the Criteria. The Federal law also requires EPA to conduct an “Open Dump Inventory.” During this inventory, all solid waste disposal facilities will be evaluated with the Criteria. Those not satisfying the minimum standards will be classified as “Open Dumps” and required to up- grade or close within a five year period. The inventory will be based on state solid waste regulations if they are compatible with the Federal Criteria. Section 7002 of the Federal Law allows citizens to bring suit in Federal Court against any person, company or agency which violates any standard or regulation promulgated under the Act. This provision may in- crease the legal liability which non—complying sites may face in the future. The Massachusetts Department of Environmental Quality Engineering has estimated that it currently costs between $8 to $10 per ton to landfill solid waste in Northeastern Massachusetts in accordance with existing state standards. The proposed Federal Criteria for the land disposal of solid waste contain several provisions which may increase the costs asso— cisted with operating existing sites. EPA Region I has attempted to develop an estimate of the potential economic impacts of the proposed Federal Criteria on the cost of operating existing landfills in Northeastern Massachusetts by examining available site data and upgrading cost factors. EPA met with the staff of the DEQE to obtain a general overview of existing sites. The following generalized information was obtained from the DEQE and available data in environmental impact statements and engineering reports: regulatory status of sites, physical makeup of sites (e.g., soils, size of sites, tonnage received) and the locations with respect to surface water, groundwater, wetlands, and water supplies. 145 GORDIAN ASSOCIATES INCORPORATED ------- An estimate of the average landfill costs for continued operation of existing sites in accordance with the proposed Federal Criteria was pre- pared by applying the potentially applicable upgrading technology cost factors to existing site conditions. The costs included in this analysis generally reflect the additional costs associated with diking to control surface discharges, gas monitoring arid control, leachate treatment and collection, and groundwater monitoring. The upgrading technology cost factors utilized in the analysis were taken from a report developed by Fred C.Hart Associates Inc., for EPA Washington, entitled “Vol. II Analysis of Technology, Prevalance, and Economics of Landfill Disposal of Solid Waste in the U.S., February, 1979.” The results of the analysis suggest that Federal Criteria may cause the average cost of landfilling at existing sites in Northeastern Massa- chusetts to increase an average of 60 percent above the costs associated with meeting existing state standards. Based on an assumed average cost of complying with state standards of $8 to $10 per ton, the costs of meeting the Federal Criteria at existing sites in Northeastern Massachu- setts may be on the order of $14 to $16 per ton. 146 GORDIAN ASSOCIATES INCORPORATED ------- v ii i. NEXT STEPS FOR COMMU1 ITIES Reliance on the private sector for the design, construction, and operation of resource recovery facilities by necessity involves the de— velopment of relatively complex, long—term contractual arrangements. Local communities cannot expect to become familiar with the projects and confident in the contractual arrangements without expending a reasonable amount of time and effort in analyzing each contract. EPA believes that time and effort involved in the development of these unique public/pri- vate partnerships yields significant benefits in terms of the efficiency of project design and operation. The ultimate usefulness of EPA’s technical assistance efforts depends directly on the willingness of the local communities to utilize the infor- mation presented as a tool in the decision making process. EPA’s tech- nical assistance panels program represents the first time that Congress has mandated that a Federal regulatory agency spend a fixed percentage of its budget (20 percent) on assisting state and local governments in im- plementing solutions to environmental problems as opposed to only focusing on the regulatory process. The North Shore Technical Assistance effort represents a unique test of the viability of the Panels Program. It is an attempt to assist local communities in developing solutions to an environmental problem prior to implementation of the regulatory program which will ultimately increase the costs associated with the improper land disposal of solid waste. It is, therefore, extremely important that the North Shore communities now take the following steps: — Review information in the report and analyze contracts carefully to develop a good understanding of each pro- ject. Request further information or clarification from project vendors regarding project development, status, or other project areas which you find unclear or unresolved at this time. — Carefully consider the impact of your decisions on the ability of a project to “go ahead,” and how the deci- sion will affect your community and other communities. — Assess the waste types and waste quantities (include seasonal) generated in your community and consider future community growth or changes which may affect this waste. Understand as best as possible the waste sources and quantities you would be offering as a min- imum guarantee. 147 GORDLAd.J ASSOCIATES INCQRPORj TED ------- — D0rztt be swayed in decision making by a particular conmiunity or other party, but objectively evaluate each project on its merits and whether it serves your particular needs and addres- ses local circumstances, Be certain to consider your future needs and conditions. — Make a sound, objective decision at the h1979tt Spring Town Meetings! Remember that delay is expensive. Delay can only escalate project costs or force projects out of existence, sacrificing the significant resource recovery benefits and the ultimate cost savings which accrue to you and the other North Shore communities. 148 GORDL u .J ASSOCIATES INCORPOI ATED ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT TITAN COMMENTS The Report contains omissions, misleading statements and errors which result in significant distortion of the real facts and issues. Whether such distortion was intentional or not is unimportant, although a re- view of the record will reflect at almost every step of the exercise that Titan officials brought these matters to the attention of EPA and Cordian. Titan considered this exercise a very serious undertaking from the outset and has spent much time cooperating with EPA and Gordian in the assimilation and delivery of Bayside information and reviewing and evaluating all EPA/Gordian material. It would be diffi- cult to conclude that this Report should be used as a “tool” by local decision makers for the benefit of each community. Even the format of the Report has fallen short — much significant information has been buried and could only be discovered by a thorough reading and study of the Report and the source data (Contracts, etc.) upon which it was based. A commitment by any community to a long—term solid waste disposal program is a very serious matter. The programs offered should be studied in depth and decisions carefully weighed. Speculation, partic- ularly on matters having potentially serious economic consequences, should be avoided if at all possible and, in any event, kept to a bare minimum. Titan has frequently emphasized the serious nature of these undertakings and has urged each community to study thoroughly all docu- ments and weigh carefully all decisions. As a company seriously committed to resource recovery and desirous of assisting communities in aleviating the solid waste problem on a sound economical and environmental basis, it is surprising and discomforting to find the federal government and its technical experts presenting to the public a Report specifically labelled as a decision—making “tool,” which is so deficient and misleading and then urging this same public audience (those who will have to foot all the bills for the next twenty odd years or so) to make a quick decision — i.e. act at the 1979 spring town meetings (some of which have already been held). There is no way, in the next four to six weeks, that community representatives can study in depth the documents associated with all alternatives and evaluate seriously all issues and the adverse consequences of the election of each option available unless there is a dedicated full—time effort of qualified personnel. Failure to mention the grant program to the Commonwealth of Massachusetts is a serious omission. Money has gone both directly and indirectly to TITAN ENVIRONMENTAL SERVICES —l ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT TITAN CO il,fENTS NESWC, and EPA has supported by public statements the proposed project. The Executive Summary , which should have In capsular fashion addressed or high—lighted the most significant topics or issues, reviewed an inmaterial and irrelavent history and otherwise treated superficially rather unimportant issues. The Executive Summary should have boldly set forth, right up—front, EPA’s financial and public support for the NESWC Project and that an application for significant further funding is currently pending with the likelihood such funding will be made available. This sort of information should have been brought out — at EPA’s Initiative — to all when communities and vendors first be- came involved with this undertaking. Titan, In fact, had to resort to demand under the Freedom of Information Act to truly understand the nature and extent of EPA’s involveme it in the State’s solid waste planning efforts. The Executive Summary should have included much of what was said, in highlight fashion, in the final section of the Report , with one signi- ficant difference. EPA should have recognized (as EPA knows) the In- consistency and incompatibility of its recommendations, to on the one hand study and weigh carefully all input information and decisions while on the other hand making a project decision at the 1979 spring town meetings — all of which will be conducted prior to the end of May or about one month following the presentation of this Report on April 17, 1979. In fact, more than one—half of the client communities will have concluded regular town meeting business prior to or at about the same time as the presentation of this Report ! What sort of sound advice is this? Communities want sincere and honest assistance and guidance. A stampede Is not warranted and probably such a suggestion by EPA won’t be appreciated. The Executive Summary and the Report should have addressed and emphasized the nature of the differences In the contractural relationships between the communities and project alternatives. Bayside • Direct community relationship with Project operator. • Limited group decision exposure (C.486 of Acts 1978 — Bayside Council — each community has one vote) • No limit as to amount of Acceptable Waste which operator must accept. • Minimum tonnage subscription to initiate project set at 88% of Facility capacity (160,000/182,500). TITAN ENVIRONMENTAL SERVICES —2— ------- CRITIQUE OF EPA - CORDIAN FINAL REPORT TITAN COMMENTS • Special legislation and Council operate to maximize utility of Facility capacity. • A number of situations where communities may terminate Agreement. • Communities pay no Service Fees if operator fails to accept and dispose of Acceptable Waste. NESWC • Community/Facility operator contract. • Community/Facility operator relationship subject to Actions of State re site and landfills Actions of Community Representative (State) — may make binding decisions. Actions of two—thirds majority of participating communities (tonnage weighted basis) • Amount of waste which Facility operator must accept limited (Facility capacity). • Minimum tonnage subscription to initiate project set at 60% of Facility capacity (1800/300). • Facility operator under no obligation to subscribe additional tonnage (private or municipal). • Termination by community of its obligation prohibited. Can terminate UOP but only with substitute operator. • Payment of Service Fees absolute and unconditional regardless of circumstances. SESWC • No direct community/Facility operator contracts. • Community’s costs and risk exposure governed by actions of District (tonnage weighted basis). District responsible for landfill and facility site. District to finance by General Obligation Bond. • Amount of waste which Facility operator must accept is limited. • Minimum tonnage subscription to initiate project set at 69% of Facility capacity (275,000/400,000). • Facility operator under no obligation to subscribe addi- tional tonnage. TITAN ENVIRONMENTAL SERVICES —3— ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT TITAN COMMENTS • Community cannot terminate, “locked” into District and payment of General Obligation Bond debt service — District termination limited to failure of Facility operator to build plant. • Community’s obligation to pay District absolute and un- conditional — District escapes payment to Facility operator if operator fails to accept waste but District must dispose of waste. TITAN ENVIRONMENTAL SERVICES —4— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT SUMMARY CRITIQUE Titan’s conunents on the draft report (and on the final report) have resulted in correction of many of the errors and some of the more obvious bias, but this final report is, in our view, by both omission and conunission, grossly misleading. The basis for this assertion is highlighted below and supported in detail in our critique. • Presentation of NESWC economics are misleading. 1. NESWC economics are heavily transportation dependent. While other costs and credits for all projects have some level of contractor commitment, transportation costs are nothing more than estimates, and when projected to 2002, they have no validity whatsoever. Actual transportation costs will be known only in the future after a community has made a commitment to join the project and, whatever those costs are, shared or otherwise, they will be borne by member communities. Nowhere does the report alert the decision—maker to this crucial fact. 2. NESWC economics are based on 1800 T/D of contract tonnage plus two levels of private haul tonnage, for which there are no commitments. Nowhere does the report make this clear nor does it state the service fee exposure of member communities if this private haul tonnage does not materialize to the degree herein assumed. On page 108, the report states that the NESWC operator “ will secure long—term and spot com- mitments from private haulers.” The NESWC Service Agree- ment (Section II, paragraph 17), however, says only “The Company enter into any arrangement or agreement with Private Haulers “ This is cavalier, If not mislead- ing treatment of a crucial point, especially since Gordian claims to have gone to some length to qualify and/or verify all other credits claimed by all three projects. The im- pact of this private tonnage credit on the NESWC economics ranges from $4 to $16/ton. • There are two basic flaws in Gordian’s calculation of NESWC’s shared transportation costs. The first is an error in the calculations which Includes private haul tonnage in calculation of shared costs. The resulting Cases A and B for share transport costs do not, in fact, exist. The second flaw is the assumption that transportation costs, calculated on the basis of full capacity participation at 922,000 tons per year, are applicable to only 558,000 member tons/yr TITAN ENVIRONMENTAL SERVICES —5— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT SUMMARY CRITIQUE which is the tonnage Gordian assumed. The transportation costs for each community, calculated in Titan’s detailed transportation report, range from $3.05 to $20.54. The actual shared cost per ton at 558,000 T/Y will depend on which communities supply that tonnage. This actual shared cost per ton could be somewhat lower than the $8.80 calculated by Cordian or it could be prohibitively higher. o Gordian’s transportation analysis of BAYSIDE also has one basic fault. It assumes that all deliveries will be by 3—man packer— haul when, in fact, all communities are, or are planning to, de- liver waste by private hauler with 1—man crew. This reduces haul cost from $0.329/ton—minute to $0.17/ton—minute and cuts weighted average delivery costs from $5.00/ton (excluding Lynn) to $2.93/ton. o Beyond the 1982—1988 period, Gordian’s economic comparison has no validity whatsoever, if for no other reason than its inconsis— tant treatment of escalation of transportation costs. Only one escalation Scenario was used, that being at a rate of 8%/year. For other costs a moderate and a high escalation rate were considered and Gordian determined that Titan’s Vehicle Cost Index (reflecting transportation related costs) would escalate at 7.5% (vs 6% for the CPI) and 9% (vs 8% for the CPI). Gordian should, therefore, have used 7.5% and 9% in their transport analysis. Had this been done NESWC’s cost projection for the year 2000 would have been at least $15/ton higher. The BAYSIDE cost increase would have been considerably less, more so if the cost estimates had been correct and had reflected one—man crews for packer hauls. o Titan believes that assumptions made by Gordian concerning the projection of relative trends of the Consumer Price Index and the Employment Cost Index are invalid. These assumptions have a negative impact on the Bayside Economics and furthermore, if Gordian’s assumptions are correct, it is highly likely that the contractors for the other projects will, at sometime in the future, be forced to request renegotiations of their agreements, as they are entitled to under a “Change of Circumstances” provision or “Gross Inequities” clause. o A careful study of the Cost Summary reveals that the cost ranges from 1979 through 1982 and on to 1988 do not reflect a significant difference in service fees between the three projects. The Report should have clearly warned the reader that projected cost differ- ences in the years beyond 1988 have no real meaning and that cost projections beyond 1988, or even 1982, should be discounted heavily in any decision—making process. TITAN ENVIRONMENTAL SERVICES —6— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT SUMMARY CRITIQUE o Cordjan chose not to accept changes in text suggested by Titan, which changes would have provided clarification or minimized misunderstanding. This is disturbing since most of the suggested changes reflect fact not opinion and were supplied before March 15. o The section by section analyses of Sach of the Service Agreements contained in Section VI of the Repo t are objective and factual. Decision—makers are urged to study them . By contrast, the over- views of these analyses and much of the discussion and comparison elsewhere in the report and in this summary tend to be super- ficial and fail, in many instances, to focus on the critical issues. Certain aspects of the Bayside Project or its Service Agreement are focused upon in a negative vein when almost identical aspects of the NESWC Project or its Service Agreement are ignored. A number of extremely important risk aspects are reflected in the detailed analysis but are not commented upon or compared elsewhere in the report. Our critique contains such a detailed comparison which may be summarized as follows: BAYS IDE Direct community relationship with Project operator. Limited group decision exposure (C. 486 of Acts 1978 Bayside Council — each community has one vote) No limit as to amount of Acceptable Waste which operator must accept. A number of situations where communities may terminate Agreement Communities pay no Service Fees if operator fails to accept and dispose of Acceptable Waste Approved capital investment by Titan recovered through increased service fee (Capital Infusion). NESWC .. Community/Facility operator contract Community/Facility operator relationship subject to — Actions of State re site and landfills TITAN ENVIRONMENTAL SERVICES — —7— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT SU1 1ARY CRITIQUE NESWC (cont’d) — Actions of Community Representative (State) — may make binding decisions — Actions of two—thirds majority of participating communities (tonnage weighted basis) Amount of waste which Facility operator must accept limited (Facility capacity) Facility operator under no obligation to subscribe additional tonnage (private or municipal) Termination of communities’ obligations prohibited — can terminate UOP, but must have substitute operator Payment of Service Fees absolute and unconditional re- gardless of circumstances. Capital investment by UOP recovered through increased service fee. SESWC No direct Community/Facility operator contracts Community’s costs and risk exposure governed by actions of District (tonnage weighted basis) — District responsible for landfill and facility site — District to finance by General Obligation Bond Amount of waste which Facility operator must accept is limited Community cannot terminate, “locked” into District and pay- ment of General Obligation Bond debt service — District term- ination limited to failure of Facility operator to build plant. Community’s obligation to pay District absolute and uncondi- tional. District escapes payment to Facility operator if operator fails to accept waste but District must dispose of waste. TITAN ENVIRONMENTAL SERVICES —8— ------- CRITIQUE OF EPA - CORDIAN FINAL REPORT II — PROJECT CHARACTERIZATION This section of the report is the material presented as Phase I of the study. Its inclusion, without any updating or revision, as the intro- duction to the Final Report, will lead to considerable confusion. In light of the results of the Phase II work, it is obvious that some of this material is superficial or, even worse, inaccurate, and some of it is in- consistent with the Phase II work product. The average reader will not recognize the difference and will be mislead. We have asked that some of the more glaring inaccuracies be corrected be- fore the Report is issued. These are: 1. Page 18 a) Fuel costs are not added to gross disposal costs, they are deducted from revenues. b) The description of excess tonnage is inaccurate. 2. Page 21 NESWC’s contract with Massachusetts Electric has no “floor” price provision and its status is the same as Bayside’s contract with Massachusetts Electric — “negotiating — awaiting new draft from Massachusetts Electric.” 3. Page 25 The Bayside Service Agreement with the communities only becomes effective when the facility passes a performance test. The “NO” answer to the question of conmiunities acceptance of the plant prior to successful performance test is wrong. 4. Page 29 NESWC has not yet acquired any landfiLl site. 5. Page 16 a) Item 9 . — We have pointed out that the missuse of the word ‘redundancy.” In this context it means “spare facilities” or, “installed equipment not normally needed.” While the NESWC and SESWC projects may have more than one line, they TITAN ENVIRONMENTAL SERVICES —9— ------- CRITIQUE OF EPA — CORDIAN FINAL REPORT II — PROJECT CHARACTERIZATION 5. Page 16 a) Item 9 . (cont’d) do not have redundant lines. And NESWC plans to use all of its capacity to work off downtime tonnage and to maximize peaking in power production. b) Item 7(c ) — IJOP is not guara iteeing plant availability. TITAN ENVIRONMENTAL SERVICES - 10 - ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 1. Cost Indexes Unlike the NESWC and SESWC projects, Titan’s Service Agreement provides for annual adjustment of O&M cost on the basis of a weighted mix of four indexes, only one of which is the CPI (Consumer Price Index). Labor represents 50% of our estimated costs and we propose to adjust the labor fraction of O&M by means of the ECI (Employment Cost Index). The other two are indexes which will apply to vehicle owning and operating costs, and to maintenance costs (principally parts and equip- ment). While we conceed that the vehicle and maintenance indexes may be higher than the CPI by one to two percentage points, we cannot accept Gordian’s contention that the Employment Cost Index will, over the long term, be consistently higher than the CPI. The result of these assumptions and particularly that relating to the Ed, is that Gordian’s economic comparison of the three projects re- flects a higher rate of increase in 06CM costs for Bayside than for the 06CM cost of NESWC and for the Service Fee of SESWC. These aggre- gate increases, from 1979 through 2002, for the three projects are as follows: Aggregate Increase 1979—2002 NESWC SESWC BAYSIDE Moderate Inflation Scenario 382% 382% 444% High Inflation Scenario 587% 587% 678% This reflects adversely and significantly on projected Bayside Disposal Fees particularly in later years. Much of this difference relates to Gordian’s assumption relative to the increase in the ECI vs. CPI. The ECI is an index that was first published by the Bureau of Labor Statistics in September 1975. The geographic, labor and industry category sub—indexes are, at the present time, somewhat limited. These, as well as some of the employment costs included in the index (notably fringe benefits), are being expanded and will be further ex- panded sometime in the future. The ECI has been structured by the BLS specifically to measure the rate of increase in the total cost of a unit (hour) of labor. Since its initial publication in September 1975, the ECI and its sub— indexes have reflected a somewhat steady increase at an annual rate of 6.7% to 8% depending on labor category and geographic region. TITAN ENVIRONMENTAL SERVICES — 11 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III . ECONOMIC ANALYSIS 1. Cost Indexes — (Cont’d) During the same time period the CPI annual rate of increase for the Boston area and for the New York Metropolitan Area was in the 5—6% range. On this limited data base Gordian determined that the ECI would increase at a rate at least 1% above the increase in the CPI. We challenged this conclusion principally on the basis that the time frame used for the comparison was too short, even more so because the CPI fluctuates quite widely over relatively short intervals of time and the particular time frame chosen reflected a low rate of CPI increase. The ECI on the other hand can be expected to, and does in fact, reflect a relatively stable rate of increase. Further examination of the CPI over a broader time frame, 1973 to 1978, indicates that it has in fact increased at an annual rate of mare than 7%. The following table presents this data and supports our contention that for the purposes of this analysis a fair assumption would be the same rate of increase for both ECI and CPI. In fact, the latest CPI figures, not reflected here, add further support to our argument. In the last analysis, the CPI reflects the costs of a mix of goods and services and these costs must reflect the costs of labor and dis- tribution which make up the major portion of the total cost. CPI DATE (ANNUAL AVERAGE ) Annual 1973 1974 1975 1976 1977 1978 Average Boston CPI 134.7 148.7 162.1 174.6 183.4 192.7 % Increase 10.39 9.01 7.71 5.04 5.07 7.42 New York CPI 139.7 154.8 166.6 176.3 185.5 195.4 % Increase 10.81 7.62 5.82 5.22 5.34 6.94 U.S. Avg. CPI 133.1 147.7 161.2 170.5 181.5 195.3 % Increase 10.97 9.14 5.77 6.45 7.60 7.97 TITAN ENVIRONMENTAL SERVICES — 12 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 1. Cost Indexes — (Cont’d) ECI DATA Annual Average Sept. 1975 — Dec. 1978 — Increase All Workers 7.32% Manufacturing — Nationwide 7.92% Northeast 6.68% In this final report Gordian has presented a new (to us) and “after the fact” argument to support their initial assumption. Their argu- ment, which is poorly explained because neither the CPI nor the Ed, in any direct way, measure “productivity”, is based on the assump- tion that there will be a continuing increase in labor productivity and because of this increase in productivity the labor content of those costs which make up the CPI will, on a proportionate basis, decline. On a purely hypothetical and theoretical plane this may be true but relative changes in any of a number of other costs (particularly energy) as well as deliberate changes in government policy can and do have a marked impact on the CPI both in the short term and the long term. These will undoubtedly overshadow any “pro- ductivity” impact. In the light of the many other assumptions that have been made in this economic analysis, many of them on an understandably arbitrary basis, this particular assumption, recognizing its significant nega- tive impact on the Bayside economics, is without justification. We would further suggest that if Gordian is correct and labor costs do in fact escalate at 1% above the CPI then it is obvious that the NESWC and SESWC contract operators will find their actual costs ex- ceeding the reimbursement they receive. In the case of NESWC, a rise of 7% per year in labor costs, as opposed to a 6% increase in the CPI, will in 20 years result in annual uncompensated costs of be- tween $1 and $2 million. Since all service agreements have “change of circumstance” or “gross inequity” provisions, it can be assumed that if an inequity of this magnitude were to occur the contractor would seek relief. Therefore, the differences in O&M cost Increase predicted by Gordian cannot be considered as valid. TITAN ENVIRONMENTAL SERVICES — 13 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 2. Titan’s “Old” and “New” Escalation Formula In revising Gordian’s second draft of this report, Titan discovered an error in the escalation formula in its Service Agreement. The escalation formula did not reflect either the language of intent of the Service Agreement. Titan brought this to the attention of Gordian and EPA who were unwilling to accept any “change” in the Service Agreement. This commenced a “cause celebre.” After a meeting between Titan, Gordian, EPA and community representa- tives, and a second meeting of all eleven community representatives, Gordian was directed to use the “new” escalation formula providing they also showed the analysis using the “old” formula. It serves no other purpose than to confuse the issue. The directive from the communities asked that the projected service fees arrived at by means of the initial (erroneous) formula be in- cluded in the “main body of the report.” Gordian went further in- cluding it in the comparative cost sunmiary in the Executive Summary, thereby further confusing the issue to Titan’s detriment. 3. Energy Values While all other costs have increased steadily since 1976, the cost of oil, and to some extent the NEPCO’g incremental fuel cost, have been relatively stable. In fact, during 1978, they declined signifi- cantly. Because the price to be paid for energy delivered to USM from the Bayside Project is tied directly to the delivered price of oil in Beverly and since the revenues derived from USM represent about one— half of the energy revenues, the Bayside Project economics have been, until recently, somewhat adversely impacted since 1976. NEPCO’s incremental fuel cost, which is the basis for payments to both Bayside and NESWC for electric power, is not as directly affected by oil costs. It is dependent on NEPCO’s average load, availability of hydropower, and the mix of fossil based and nuclear based power genera- tion. Conversion of NEPCO’s Brayden Point unit to coal in the near future will further dilute the direct impact of oil prices. TITAN ENVIRONMENTAL SERVICES — 14 — ------- CRITIQUE OF EPA - GORDIA.N FINAL REPORT 3. Energy Values (Cont’d) III. ECONOMIC ANALYSIS Consequently, the Bayside Project economics are, and will continue to be, more directly related to oil prices than are the economics c f NESWC. In early December, when the basic assumptions to be used by Cordian were agreed upon, a price of $12.70 per barrel for oil was reasonable, even though this was approximately the prevailing price two years ago. The dramatic price increase, which occurred early in March, to $15.5O/bbl, was not only a reflection of the Iranian crisis, but also of OPEC price increases after a period of oversupply during which oil prices did not keep pace with other price increases. All indications are that there will be further significant increases in oil price during thi$ year, Starting a 23 year economic project with a base oil VS a price of $12.70 has a marked impact on the net latter years for all three projects but more so for or SESWC. This is a further reason for discounting of Gordian’s projections beyond the 1982 — 1988 period. 4. NESWC O&M and Bond & Insurance Cost price of $l5.50/bbl disposal cost in Bayside than NESWC the validity of any We have advised Gordian of an apparent error in the computation of NESWC—UOP O&M Costs and Bond & Insurance Costs for the Moderate In- flation, Scenario (II), in the years 1992 and 2002. Cordian — O&M Correct — O&M Difference Gordian — Bond & Insurance Cost Correct — Bond & Insurance Cost Difference Total Difference Increase in Service Fee $/ton Correct Service Fee Case A $/ton Case B $/ton 1992 $ 9,729,000 10,312,700 + 583,700 578,300 613,000 + 34,700 618,400 $ 1.00 $ 10.77 4.67 2002 17,423,000 18,468,500 + 1,045,500 1,035, 700 1,097,800 + 62,100 1,107,600 $ 1.63 $ 4.82 0.21 TITAN ENVIRONMENTAL SERVICES — 15 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 5. NESWC Economic Analysis — Private Haul Tonnage The NESWC Economic Analysis assumes an initial 1800 tons/day of member tonnage plus two levels of private haul tonnage (500 tons per day and 1000 tons per day). There is no substantiation that this tonnage would be available nor apparently has any effort been made to determine or document what private haul tonnage might come to the facility and at what tipping fee. If this private haul tonnage does not materialize, the NESWC Net Service Fee will increase by the amount of the Private Hauler Credit which ranges from a low figure of $4.09/ton for Scenario I, Case A in 1979 to a high of $16.15/ton for Scenario I, Case B in 2002. 6. Impact of ECI Inflation Rate, and Initial Oil Price on Projected Bayside Economics To illustrate the impact of an ECI inflation rate one percent higher than the CPI vs. a rate equal to the CPI, and a base 1979 oil cost of $15.50 vs. $12.70/bbl. a set of economic projections has been made paralleling those made by Gordian. These are shown on the following pages. A summary comparison of these Net Disposal Cost Projections with the Gordian Cost Projections are as follows: Scenario I Case A (High Inflation — Low Tonnage) Bayside Gordian Projection Titan Projection 1979 Oil Cost $12.70/bb l. $15.50/bbl. Inflation Factors ECI=9% CPI=8Z ECICPI=8% 1982 Net Cost $/ton 13.89 13.51 1988 Net Cost $/torz 20.19 18.36 1992 Net Cost $/ton 22.97 20.04 2002 Net Cost $/ton 38.50 30.13 Less additional 2002 Credit* $/ton (47.16) (68.47) This credit is from distribution of reserve funds and accumulated interest. TITAN ENVIRONMENTAL SERVICES — 16 — ------- TITAN Estimated Service Fee Ranges SCENARIO I SCENARIO II (High Cost/Inflation) (Moderate Cost/Inflation) Case A Case B Ca8e A Case B Year 1982 ( Low Tonnage) ( High Tonnage) ( Low Tonnage) ( High Tonnage ) Member Tonnage (TPY) 182,500 182,500 Private Tonnage (TPY) 0 0 Total Annual Tonnage (TPY) 182,500 182,500 Net Annual Debt Service $ 13.50 $ 13.50 Annual 0&N Cost 14.76 13.84 - Payment to Trustee .08 .08 ‘..O QJ Taxes and Assessment 0 0 S Payment to Reserves 0 0 - 5 . Amortization of TEOSI • 4 / ) - ,-4 Capital Infusion 0 o 1-4 Alteration Reserve Payment .50 .50 0 r-l Host Community Fee 1.13 1.13 Landfill Location Levies .20 .20 Excess Tonnage Landfill Cost 0 0 ___ 5 0 Gross Service $ 30.17 $ 29.25 •i-I S 0 I-i Credits —, Gross Recovered Resource Revenue Less Oil Coat During Downtime c Net Recovered Resource Revenue Communities Share — 85% $ 13.15* $ 13.15* 5 Interest on Credit Funds 3.51** 3.51** r Tax Credit — — Total Credit $ 16.66 $ 16.66 Net Cost to Community $ 13.51 $ 12.59 l ------- YEAR 1988 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Net Annual Debt Service Annual O&M Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Cotmnunity Fee Landfill Location Levies Excess Tonnage Landfill Cost Gross Service TITAN Estimated Service Fee Ranges SCENARIO I (High Cost/Inflation) Case A Case B ( Low Tonnage) ( nigh Tonnage ) 193,700 0 193,700 $ 12.72 22.25 .08 0 0 0 .50 1.78 .20 .03 $ 37.56 SCENARIO II (Moderate Cost/Inflation) Ca8e A Case B ( Low Tonnage) ( High Tonnage ) 193,700 0 193,700 $ 12.72 18.70 .08 0 0 0 .50 1.59 .20 .03 $ 33.83 Credits — Gross Recovered Resource Revenue Less Oil Cost During Downtime Net Recovered Resource Revenue Communities Share — 85 Interest on Credit Funds Tax Credit Total Credit $ 22.10 1.84 20.26 17.22 1.25 . 73 $ 19.20 $ 19.55 1.59 17.96 15 . 27 1.10 . 65 $ 17.02 Net Cost to Community $ 18.36 $ 16.80 ------- YEAR 1992 Member Tonnage (TPY) Private Tonnage (TPY) Total Annual Tonnage (TPY) Net Annual Debt Service Annual O&N Cost Payment to Trustee Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment i- Host Community Fee Landfill Location Levies Excess Tonnage Landfill Cost Cross Service Credits — Cross Recovered Resource Revenue Less Oil Cost During Downtime Net Recovered Resource Revenue - Communities Share — 85% Interest on Credit Funds Tax Credit Total Credit TITAN Estimated Service Fee Ranges SCENARIO I (High Cost/Inflation) Case A Case B ( Low Tonnage) ( High Tonnage ) 201,600 0 201,600 $ 12.22 29.25 .08 0 0 0 .50 2.40 .21 .15 $ 44.81 $ 28.72 2.59 26.13 22.21 1.62 . 94 $ 24.77 SCENARIO II (Moderate Cost/Inflation) Ca8e A Case B ( Low Tonnage) ( High Tonnage ) 201,600 0 201,600 $ 12.22 22.86 08 0 0 0 50 1.99 .21 .12 $ 37.98 $ 23.34 2.07 21.27 18.45 1.33 . 78 $ 20.56 Net Cost to Community $ 20.04 $ 17.42 ------- YEAR 2002 Meciber Tonnage (TPY) Private Tonnage (TrY) Total Annual Tonnage (TPY) TITAN Estimated Service Fee Ranges SCENA.RI0 I (High Cost/Inflation) Case A ( Low Tonnage ) 222,700 0 222,700 SCENAMO II (Moderate Cost/Inflation) Case A ( Low Tonnage ) 222,700 0 222.700 Net Annual Debt Service $ 11.06 $ 11.06 Annual 0&M Cost Payment to Trustee 57.96 .08 37,74 .08 . ri . . rxi , I Taxes and Assessment Payment to Reserves Amortization of TEOSI Capital Infusion Alteration Reserve Payment Host Community Fee Landfill Location Levies Excess Tonnage Landfill Cost Cr088 Service Credits — Gross Recovered Resource Revenue $ $ 0 0 0 .50 4,85 .26 2,47 77 7 56.48 Last Ye (2002) Revenues $ 61.28 $ $ 0 0 .50 3.31 .26 1.71 54.66 39.10 Last Year (2002) Revenue S $ 41.62 r( 1.1 o.. w U) G , 4 r1 .4 i- . I.&W C) 4.1 .-1 Jo m Uu-i U 4.1 U) Q) U E-i l •‘ . 4 ‘.0 .-1 I.i . u U) U ILl IJw-l i- , ai i w C ) 1-1 ‘-I 0 E 1-SO W4-i I-i . 4J U) U ‘-I I-i U E- J .-.i Less Oil Cost During Downtime 6.07 6.68 4.06 4.38 .. •‘ri r-I Net Recovered Resource Revenue 50.41 54.60 35.04 37.24 Qici wc Coimnunities Share — 85% 42.85 46.41 29.78 31.65 . ‘ ‘ . ,,-4 U -op. ‘ .1 .—l U Interest on Credit Funds 3.12 20,98* 2.15 20.47** U -1 , U Tax Credit 1.08 1.08 1.08 1.08 p. .— . p. J ..— Total Credit $ 47,05 $ 68.47 $ 33,01 $ 53.20 ‘ .4 ’ .O “ U i • -t O ,- ‘.C U) -( O\ Net Cost to Community $ 30.13 $ 21.65 .O.-4 O.-I (-4 (1) Less 2002 Credit Net Profit to Community $ —68.47 38.34 $ —53.20 31.55 ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 6. Impact of ECI Inflation Rate, and Initial Oil Price on Projected Bayside Economics (Cont’d) Scenario II Case A (Moderate Inflation — Low Tonnage) Gordjan Projection Titan Projection 1979 Oil Cost $12.70/bbl. oil $15.50/bb].. oil Inflation Factors ECI=?% CPI=6% ECI=CPI=6% 1982 Net Cost $/ton $12.97 $12.59 1988 Net Cost $/ton 18.46 16.80 1992 Net Cost $/tori 19.85 17.42 2002 Net Cost $Iton 27.54 21.65 Less additional 2002 Credit* $/ton (31.93) (53.20) *Thjs credit is from distribution of reserve funds and accumulated interest. We believe that these costs are a more realistic projection than those made in the Gordian report. 7. SESWC—CEA Energy Recovery We question the validity of the energy recoveries claimed by CEA and used by Gordian. For SESWC—CEA, an energy recovery of 7.2 x iô6 BTU per ton of raw refuse is used. This value is much too high if one considers the nature and source of ECO—Fue]. II. ECO—Fue]. II is basically embrittled cellulose. Thus, this recovery can represent only the recovered energy available from the cellulosic materials present in the refuse. The BTU content of MSW attributable to cellulosic materials ranges from 5O to 75Z of the total BTIJ’s found in refuse. Both Titan and UOP used a value of 9.0 x io6 BTU’s/ton — an accepted average. Thus, the maximum cellulosic energy content would be: (0.75) x (9.0 x 106) = 6.75 x 106 BTU/ton TITAN ENVIRONMENTAL SERVICES — 21 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 7. SESWC—CEA Energy Recovery (Cont’d) The analysis of MSW used by Titan (supplied by Beverly) for the Beverly area shows that 68% of its BTU content is attributable to cellulogic materials. Thus, for this case, the cellulosic energy content would be: (0.68) x (9.0 x 106) = 6.12 x io6 BTU/ton Assuming that CEA could recover 100% of the cellulosic material, it still could not recover 7.2 x 106 BTU/ton. Depending on the efficiency of the CEA process in recovering cellulosic materials, a recovery of less than 6.0 x 106 BTU/ton is more realistic. 8. SESWC—CEA Energy Credits The energy credit calculations used by Cordian are based on a trans- portation cost for ECO—Fuel II of $0.31/MN BTU. A detailed analysis made by Titan of these transportation costs between the proposed SESWC facility site and the Narragansett power station (the present assumed user) would be approximately $0.60/MM ETU (in 1979). This change results in the following changes in Gordian’s Estimated Service Fee tabulation. COflMUNITY ENERGY CREDITS SCENARIO I SCENARIO II @ $.31/MM ETU @ $.6OINM BTU @ $.31/MM BTU @ $.60/MM BTU 1979 0 0 0 0 1982 0 0 0 0 1988 $ .20/ton 0 0 0 1992 2.17 $ .35 $ .81 0 2002 12.16 7.86 6.29 $ 3.20 Service Fee projection will increase by the difference of the credits calculated at $.31/MM BTU. The service fee proposed by CEA tacitly implies that CEA expects to generate a significant portion of their revenues from the sale of ECO—Fuel II, and from private tonnage tipping fees. TITAN ENVIRONMENTAL SERVICES — 22 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT III. ECONOMIC ANALYSIS 8• COMMUNITY ENERGY CREDITS (Cont’ d) If either or both of these revenue streams fail to materialize to the extent projected, CEA may well be forced to exercise its option for renegotiation of its service fee to the communities at the end of 5 years. The extent of this financial exposure should be made clear and should be shown in Gordian’s projections. TITAN ENVIRONMENTAL SERVICES — 23 — ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT IV. TRANSPORTATION COST ANALYSIS 1. Gordian changed from a basis wherein the NESWC communities were rebated haul costs back to their borders at $O.lO/ton—mln to one in which com- munities were rebated haul costs back to the center of the town at the full rate of $O.329/ton—mjn. This change was not brought to the at- tention of communities or of the vendors; the client communities had no opportunity to discuss this change and to indicate whether it should or should not be done. This change was made after March 15. It repre- sents a basis which the NESWC participating communities have not as yet agreed to, according to Judy Wiegand of BSWD. While it removes many of the inequities which exist with the former approach, It does add significant costs to certain closer—In communities and may alter their incentives to join NESWC. 2. Many of the tonnage figures used for the BAYSIDE communities, and quite probably for other towns, are not believable and, to the degree they are wrong, they influence the aggregate $/yr and, therefore, the average $/ton. 3. If the VCI (Vehicle Cost Index) is believed by Gordian to be valid and to be higher than the CPI, why was the escalation of transportation cost elements not done at the VCI rate (9%) as opposed to the CPI (8%) rate? 4. For NESWC transportation costs, there is no Case A and Case B. If 558,000 T/Yr are delivered from communities in both cases, then the shared cost to the communities for such delivery is the same in both cases. 5. The Cordian report does not reflect the fact that Lynn has agreed to join RESCO and, therefore, is not available for any other project, In- cluding NESWC. 6. Titan has made a detailed study of both the NESWC transportation system and the BAYSIDE system. Some results of this study are presented In this written critique, but the full scope and content of the study (with all assumptions and calculations) will be made available to all interested communities, at no charge. All communities, all sponsors, all vendors, the EPA and Gordiari are invited, and in fact encouraged, to meet to- gether with their experts with Titan to review in detail the methodology, assumptions, calculations, etc. to verify the accuracy of the results obtained. 7. For only ten communities of the BAYSIDE system (leaving Lynn out), Titan’s study for 1979 indicated 146,137 tons/yr at $2.81/ton weighted TITAN ENVIRONMENTAL SERVICES — 24 — ------- CRITIQUE OF EPA = GORDIAN FINAL REPORT IV. TRANSPORTATION COST ANALYSIS 7. (cont’d) average cost for a total of $409,950. The range of cost is from $1.31/ton to $ 6 .77/ton. Gordian’s study for these same ten communities (except Lynn) in— dicates 137,100 tons/yr at $5.00/ton weighted average cost for a total of $ 68 5,600/yr. The range of cost is from $2.30/ton to $10. 46/ton. These differences arise principally because all communities now are, or are planning, to have their refuse delivered by the pri- vate sector. Thus, no 3—man packer—hauls are indicated, and this reduces the $O. 3 29/ton—mjnute to $O.170 ton—minute at 30 mph for a 1—man packer—haul. Other factors causing these comparative re- sults are differences in travel times used, and differences in tonnage assumed. Titan drove, several times, at normal truck speeds, all of the routes to be used by delivery vehicles, and the distances and times were accurately measured as well as calculated. The mileages agree very well with those scaled from U.S. Geological Survey maps, but the actual travel times are generally somewhat longer. The longer actual travel times are used in Titan’s study. 8. Contrary to the statement made in the Gordian report, the Mitre transportation report of June, 1978, does not contain projected travel times between coinniunities or between transfer stations and the NESWC facility. Titan scaled distances for all projected runs from U.S. Geological Survey maps. 9. Titan found serious errors in the travel times indicated by Gordian, particularly for the 18 mini—station communities. Most were under- stated. overstated 3 of 18 understated 15 of 18 seriously understated 13 of 18 some by as much as 40% The impacts on calculated costs are apparent. Where there was more than a 10% difference between Titan’s figure and that used by Cordian, Titan rechecked calculated travel time thoroughly. For the transfer TITAN ENVIRONMENTAL SERVICES — 25 — ------- ________________________________________________________________ CRITIQUE OF EPA - GORDIAN FINAL REPORT IV. TRANSPORTATION COST ANALYSIS 9. (cont’d) hauls, travel times used by Titan and Gordian were very much the same except for the Portsmouth haul where an indicated 43.6 minute time should be 55.4 minutes to cover 37 miles with 1 toll station and 6 “intersections.” 10. Leaving Lynn out of the Salem transfer station reduces that tonnage, resulting in a negative impact on transfer station owning and op- erating costs. U. There were serious errors in the travel time indicated for the BAY— SIDE system. Danvers travel time is 8.0 minutes by actual measurement and not 14.2 minutes as Indicated. Conversely, 7.0 minutes for Salem should be 17.0 minutes (from its transfer station). 12. Gordian has calculated $1 ton—minute in two differing ways. The manner of calculation used for a packer—haul (page 98) is deemed correct as opposed to the method used for the transfer trailer calculation (page 101). These two methods, as applied to the transfer haul, are: 19.82 A. (correct) O.5l4 xO.5) + 17.5 = $O.089 ton-mm B. (Incorrect) E0.514 x 0.05) + 6OxO.7 17.5 = $O.080 ton-mm Method A was used to calculate packer—haul costs Method B was used to calculate trailer—haul costs Therefore, all transfer haul costs should be increased by 11.3% 13. The 24,216,460 ton—minutes of trailer—haul are for the full comple- ment of 921,900 tons/yr, all from communities . (See Mitre report configuration ib). 24,316,460 X 0.089 = $ 2 .545/tori 921,900 — 71,600 (Lynn) (not $ 2 .73/ton) (850,300) And there is no difference between Case A and Case B. The 713,000 T/yr and 868,000 T/yr have no place in this calculation . TITAN ENVIRONMENTAL SERVICES — 26 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT IV. TRANSPORTATION COST ANALYSIS 14. None of the mini—transfer coimnunities can afford to put in a pack- ing transfer station. Therefore, the use o compaction trailers to bring the refuse to the facility is not realistic. These com- munities should use 8—ton roll—off containers for which the trans- fer haul cost is $0.17/ton—mm. not $0.08/ton mm. Thus, the cost of hauling from mini—transfer stations should be doubled. The use of 17.5 ton transfer trailers would dictate the installation of packing transfer stations the cost of which would not be part of the shared cost and would, thus, escalate the costs to the mini— communities beyond all reason. 15. The turnaround time of transfer trailer rigs at the North Andover facility are not included in the annual costs of the transfer stations. At 45 minutes per turnaround, which yields $0.85/ton, this would add about $500,000/yr to the (24,316,460 x.0.089) found in paragraph 13 above or about $O.59/ton. A 25—mm turnaround at the facility would add $0.30/ton. 16. The method of aggregating costs expressed as $/ton starting on page 100 is applicable only to the full complement of 922,000 tons/yr from communities. The methodology used here is totally inapplicable for either Case A (713,000 total and 558,000 from communities) or Case B (868,000 total and 558,000 from coumiunities). This method- ology would be applicable only if the 60% (558,000 tons of 922,000) of the tonnage comes from the various sources (direct haul, mini— transfer and transfer stations) in exactly the same proportions as projected at 922,000 T/yr and that each source has 60% of the $/yr cost as is projected at 922,000 T/yr. This obviously will not be the case. The summary table of Titan’s analysis of the NESWC transportation system shows the tonnages projected to be delivered from the eight separate wastesheds comprising the total and for each, the projected $/yr, the weighted average $/T, and the minimum $/ton and maximum $/ton of any community within each wasteshed. It is apparent that signing the “right” communities could reduce shared transportation costs significantly and signing the “wrong” communities could in- crease shared transportation costs disastrously. Unless the wasteshed accommodated reduces concentrically as capacity is reduced from 922,000 T/yr to 558,000 T/yr, an increase in shared transportation cost per ton is certain to occur. A community signing with NESWS at this time is exposed to the possi- bility of a shared transportation cost which can easily be twice the $8.80/ton shown in this report . TITAN ENVIRONMENTAL SERVICES — 27 — ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT Iv. TRANSPORTATION COST ANALYSIS 16. (cont’d) In addition to the above , to the extent that any subregional trans- fer station handles lesQ tonnage than it is projected to do at 922,000 T/yr from communities, there will be an increase in both capital charges and O&M expense for those tons handled, because of loss of economies of scale. And what happens if only one-or two communities projected to go to a given transfer station sign up? The answer to 1l of the above questions is that when and if com- munities having 558,000 T/yr of solid waste have signed, Mitre will again use its WRAP and PLANIT models to find the least cost con- figuration and will thenestimate the shared cost of such a con- figuration; thosecommunjtjeg which will have signed will then have to absorb that shared cost, as built and operated, whatever it is. No guarantees are madeby anyone! In the meantime, there is no meaningful way of determining the shared cost without making all manner of assumptions as to which communities will join and what their Intrinsic delivery costs are, which assump- tions represent great risk It is regrettable that Gordian did not see fit to,put. this risk in its proper pe*spectiv , 17. Attached is a table of the transportation costs for certain communities participating in BAYSIDE. This was prepared using Mitre’s methodology and Gordjan’s cost factors and Titan’s estimated tonnages except that all delivery éhic1es 1 have only a 1—man crew. It also assumes mini— transfer stations at both Gloucester and Rockport and delivery in 8—ton roll—off containers. It also assumes that Swainpscott will de- liver its waste via the present Salem transfer station. 18. Also attached are several tables pertaining to the Titan study of NESWC transportation for a 100% community load of 922,000 T/yr, less Lynn’s tonnage. The back—up for and detailed explanation of these tables can be found 1II the Titan report to be .ssued under separate cover. - TITAN ENVIRONMENTAL SERVICES — 28 — ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT V. PROJECT CONSIDERATIONS WHICH COULD AFFECT COST AND/OR SERVICE 1. Tonnage Commitment Requirements Titan offered the following comments or suggested language which Gordian chose not to incorporate. A. Maximum Waste Delivered & Excess Tonnage Charges a) For the Bayside Project, there is no upper limit as to the amount of waste a community may deliver. Any over- age, delivered by all communities (not all customers as is stated in the report) in the aggregate, will be charged at the incremental landfill cost. Such charges are spread over all tonnage delivered and are not significant (see Economics). b) The discussion relativeto the NESWC—IJOP project neglects to state that the project operator is not obligated to accept more than 930,000 tons of refuse per year and neglects to discuss what alternatives member communities have if this tonnage is exceeded and the operator chooses not to accept the excess B. Bayside Minimum Guaranteed Tonnage a) The Table on Page 107 should state, for the Bayside Project, that the Minimum Guaranteed tonnage in years subsequent to the first year is “85% of the previous years actual tonnage delivered less unusual and non—recurring amounts agreed to by Titan and community.” C. Private Haul Tonnage a) Gordian persists in the assumption that private short—term tonnage will always be available at a tipping fee that exceeds the cost of processing such refuse and that Titan will retain all tipping fees, minus expenses, received from private or short—term tonnage. It would be difficult to conclude that private haul short—term or spot tonnage will always be available when needed or de- sirable by any project. If short—term tonnage can only be acquired at a tipping fee that only covers Titan’s additional expense, there would still be an incentive to process such tonnage — Titan receives 15% of the revenues and the com- munities receive 85%. No costs associated with private ton- nage enter into any calculation of community Service Fees. TITAN ENVIRONMENTAL SERVICES —29— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT V. PROJECT CONSIDERATIONS WHICH COULD AFFECT COST AND/OR SERVICE C. Private Haul Tonnage (Cont’d) Unlike NESWC—IJOP, the expected Bayside member tonnage will approximate the capacity of the Facility and thus this would be no apparent need or desire to accept private haul tonnage on a year—around basis. Bayside will be looking for such tonnage only at times when, due to seasonal fluctuations, member tonnage is less than plant capacity. b) Gordian states (on Page 108) that, in the NESWC Project, the operator will secure long—term and spot commitments from private haulers. The NESWC Service Agreement does not support this. Section II, paragraph 17, says — “The company enter into arrangements with Private Haulers for the processing of Acceptable Waste at the Facility pro- vided that. . . .“ The statement in Section VI, paragraph 1 (ii) of the NESWC Service Agreement, that UOP “will secure long—term and spot cominitnients from private haulers” is not an enforceable corn— mitment. The agreement does not state how much private haul tonnage UOP will secure, and for how long. And the “will” in this context is obviously inconsistent with the “may” in the above quoted paragraph. There is no commitment by UOP to secure Private Haul tonnage. There are no commitments for this tonnage and no evidence is presented that any effort was made to ascertain that such tonnage might be available. Gordian has apparently made a conscientious effort to verify the validity of all claimed revenues and credit streams but not this one. The presentation of the economics, both in the Executive Summary and in the Report , without any acknowledgement of this crucial unsupported assumption, is grossly misleading. 2. Plant Downtime and Outage The Bayside project has 1—1/2 to 2 days of raw refuse storage, plus 2—3 days storage of shredded refuse. While there will be a single processing line and a single boiler, the processing line and boiler are independent. The processing plant will only operate 10 to 12 hours per day, 5—1/2 days per week. Availability of a complete spare rotor and motor for the shredder will limit shredder downtime to 24 TITAN ENVIRONMENTAL SERVICES —30— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT V. PROJECT CONSIDERATIONS WHICH COULD AFFECT COST AND/OR SERVICE 2. Plant Downtime and Outage (cont’d) hours in all foreseeable circumstances short of a catastrophe. A shredder explosion is not considered to be in the nature of a catas- trophe. The shredder will be isolated and enclosed to minimize explosion damage. Shredder explosions invariably result in little or no damage to the shredder itself. Like NESWC, BAYSIDE will have a dump condenser, but because of the existing multiple turbine installation at USM, the need to dump steam will be minimal. Titan anticipates that, on an annual basis, there will be less than 10% of the incoming waste by—passed to a landfill. The NESWC claim that they will not have to bypass acceptable waste to landfill is highly optimistic. It assumes that two out of three boilers will never be out of service at the same time for any length of time. It ignores the possibility of total plant out- age due, for example, to a fire in the storage pit (not uncommon) or a failure in any system con on to the entire plant — cooling water for example. - TITAN ENVIRONMENTAL SERVICES —31— ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT — VI. DISCUSSION OF SERVICE CONTRACTS AND RISKS While substantially all of the contract risk analysi5 language is accu- rate as to what was reported, nonetheless significant impact gaps exist relative to important contract features omitted or not properly empha- sized on a comparative basis. The Overviews , preceding each contract risk analysis section, leave a great deal to be desired. They do not treat topical matter comparatively, mislead the reader as to topical importance between projects and, in general, address rather unimportant risk impact subjects. As a “tool” to public decision makers, many of whom lack technical, economic and legal expertize, one would be compelled to conclude that a more practical and preferred treatment would have been to create a matrix or tabular comparative form. Thus all identified and important risk topics could have been easily compared. The Report could have high- lighted any unusual contract features which were not commonly treated. Certain errors or significant distortions appear throughout the Report and are highlighted below: Pa Comment 29 Project Summary Bayside—Titan — Major project buyer is local industry with utility back—up for purchase of all recovered energy. 39 Amortization of TEOSI Capital Infusion — treated in such a way as to be misleading to reader and as if this subject were not included in the other projects ( NESWC , Section VII and SESWC , Section 207). This paragraph could be shortened and reader given apprecia— tion of how such an item could arise. 40 Alterations Reserve Fund — the sentence beginning on line 3 of this page is inaccurate as to “elective alterations”. The Alterations Reserve Fund can only be used with the approval of Council and cannot be used for Elective Alterations (Section 6.5). 42 Interest on Reserves — neglected to mention the Altera- tions Reserve Fund and Recovered Resource Revenue Revolving Fund. TITAN ENVIRONMENTAL SERVICES — 32 — ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT Page Comment 48 TABLES REFLECTING O&M COSTS INFLATED BY TITAN’S OLD FORMULA PRIOR TO MARCH REVISION — Comment appearing here concerning “a recent change” is very misleading. The change, in fact, is a correction in a drafting error which was discovered by Titan with advice to EPA and Gordian. The intent of the parties was not properly and accurately expressed by the original luation in question. 65 Annual Debt Service — the fifth paragraph under this caption fails to indicate to the reader how the in- vestment tax credit will be an advantage to communi- ties (unless it is to be inferred the equity investor will charge less because of it and thus the communi- ties benefit — that or may not be true). 67 Electricity Credit — it is both inaccurate and mis- leading to state that “UOP guarantees a minimum electricity credit of $7.50 per ton.” This is only true if the plant is initially built at 3,000 TPD in all respects (not likely at an 1,800 TPD subscription) and 4,200 BTU/# waste. There is nothing stated in the contract to obligate UOP to guarantee any amount under different conditions. 79 Ferrous Revenues — the assumption here is unrealistic- ally optoniistic and out of proportion to the reality of the market place — scrap dealers Boston area — for this product (incinerated tin cans). $20? Short ton? FOB plant? 104 Financial Stability of the Parent Company — since the comments in this section are addressed to all projects and given that Titan has acknowledged a financial guarantor will be needed for the Bayside Project — this caption should have read Financial Stability of Guaran- tor (Parent Company) . The first paragraph under this caption is very misleading since the Commonwealth of Massachusetts has, by law, the requirement of over- seeing all waste disposal facilities, including land- fill and transfer stations, in Massachusetts. The Resource Conservation and Recovery Act is also requiring the State to meet certain minimum requirements in this regard. TITAN ENVIRONMENTAL SERVICES — 33 — ------- CRITIQUE OF EPA - GORDIA.N FINAL REPORT Page Comment 105 For the reasons stated above, Page 104, the reference to Form 10—K should have included reference to “each company’s or project guarantor’s most recent” 10—K. 107 Penalty for Fluctuation — the comment under S.E.S.W.C.— C.E.A . to the effect “there is no upper limit in sub- sequent years” is inaccurate. There is a maximum limit as to the amount of waste which CEA is obligated to take, equivalent to 1,282 TPD by contract language (Article It, Section 201.C., Section 202.A and Section 206.B.). 108 Tonnage Commitment Requirements — The sentence beginning on the fourth line of this page is inaccurate. CEA cannot accept Class II waste without approval of the District (Definitions, Class II waste and Section 202.C.) 113 Product Marketing and Revenues — the comment appearing on the fourth line of this page to the effect that “Titan would market additional electricity to NEPCO” is misleading. If USM were not available as an energy market then Titan would market all energy as electricity, to NEPCO (on a take or pay basis). 121 Recognizable Capital Infusion — the first sentence appearing under this caption is misleading. The only cost and expenses incurred by TEOSI which would be in- cluded in a recognizable capital infusion by TEOSI would be those which are as defined and as approved under the provisions of the contract. The reader is given the impression that TEOSI of its own initiative can incur certain costs and expenses and pass them on through a Recognized Capital Infusion. The last line under this caption should be modified to show that the type of insurance proceeds would come from “replacement value insurance.” 124 ARTICLE VII SERVICE ADJUSTMENTS — an error exists in the second sentence under this caption. The selected indices have already been identified. What needs to be identified and agreed upon prior to the approval of execution of Agreement are the values and dependency fractions. TITAN ENVIRONMENTAL SERVICES — 34 — ------- CRITIQUE OF EPA — CORDIAN FINAL REPORT Page Comment 130 Section 702 Competitive Facilities — the language under this caption does not properly emphasize the contract subject matter. Furthermore, there is an inaccuracy in the second sentence. The fourth line should read “. . .the District which is not municipal solid waste in one or more instances 133 The report does not expose the reader properly to the many roles which the State has in the NESWC project. The State has the obligation of providing the facil- ity site, access, and landfill sites; will issue General Obligation Bonds and be the Community Repre- sentative with authority to make binding decisions. There is a distinct probability that during the course of the project life that the State will find itself in conflicting roles as financier, regulator and Community Representative. 138 SECTION VI Compensation and Revenue Sharing 6) — There is a legal question as to the validity of in- voicing a community on the basis of an estimate where there is an unconditional obligation to pay. An example of a preferred treatment to some of the topics addressed by this Report might be set forth as noted below: 1. Maximum waste required to be accepted Bayside — no upper limit (Article 4) NESWC — not in excess of guaranteed plant capacity (Section 11.15.). SESWC — maximum commitment 100,000 tons per quarter (400,000 TPY) — Definitions, Article II, Section 20l.C. Maximum 33,333 tons per billing period, Article II, Section 202.A. atid Section 206.B. District responsible for excesses — Section 206.B. 2. Amortization of Capital Infusion — applicable to all projects. Bayside — Definitions, Articles 6, 9, 10 and 11. NESWC — Costs may be high because amortization is limited to the balance of the 20—year term (Section VII). TITAN ENVIRONMENTAL SERVICES - 35 - ------- CRITIQUE OF EPA — GORDIAN FINAL REPORT SESWC — Amortization over remaining term of Contract (Section 207). 3. Taxes and Levies — applicable to all projects Bayside — O&M component (Article 6). NESWC — Element B in formula (Section VI.2.). SESWC — Exempts District, except where City of Peabody imposes taxes (Section 203). 4. Termination of contract by customer Bayside — Voluntary after Bonds fully paid and TEOSI Capital Infusions amortized or repaid (Section 14 .1). — Non—restoration (Section 9.3). — TEOSI default for six months and another organization assumes takeover (Section 12.2). — Arbitration, consistant with Article 14 (Section 13.1). — Failure of contingencies — insufficient tonnage, lack of contracts for sales of resources and failure of Bond Issue (Section 16.3). NESWC — Limited to substituting new operator — customer cannot escape (Section XI.4.). SESWC — Municipalities have no rights to terminate since they are “locked into District”. District can only terminate if Company fails to complete Facility (Section 201.A.(1) ). 5. Obligations to make payments Bayside — Escape if TEOSI fails to accept and dispose of Acceptable Waste (Section 3.3 and paragraph 12.2.2.) NESWC — Absolute and unconditional (Section VI.7.). SESWC — Must pay even If “force majeure”, can’t deliver (Article IV,Section 402.B.). If Company can’t accept then District goes elsewhere and does not have to pay (Section 402.A.). Unconditional and absolue so long as Company accepts waste (Section 504). TITAN ENVIRONMENTAL SERVICES — 36 — ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT 6. Indemnification by Customer —- applicable to all projects. Bayside — Section 3.8. NESWC — Section V. [ II.L. SESWC — Article IX, Section 90l.B. 7. Industrial disturbances, strikes — applies in all projects Bayside — Agrees to submit to non—binding arbitration (Paragraph 16.1.1). NESWC — An effective excuse from performance — Section XIV.2., Uncontrollable Circumstance and Defini- tions. SESWC — An effective excuse from performance — Defini- tions, Force Majeure and Article IV. 8. Recycling and source separation programs — permitted by all Projects. 9. Minimum standards of performance relative to the conversion of waste to recovered resources . Bayside — “Due diligence” to convert (Section 4.5). — Best prices and terms (Section 4.5). — Experiments and studies (Section 4.5). — Income incentive from revenue sharing (Section 6.3). Note: there is no guaranteed Income to TEOSI in the event there are any shortfalls on waste deliveries. NESWC — Operate plant to recover steam, electricity and materials (Section 11.1.). — Agrees to recover energy and by—products and best efforts to sell (Section 111.1.). — Sale of electricity to Mass. Electric (Section 111.2.). — Recovery of magnetic ferrous metal at 90% efficiency (Section 111.3.). — Be5t efforts on aluminum (Section 111.4.). — Shortfall payments (UOP profits) (Section VI.2.c.). — Income incentive from revenue sharing (Section VI.2.). TITAN ENVIRONMENTAL SERVICES — 37 — ------- CRITIQUE OF EPA - GORDIAN FINAL REPORT SESWC — Only share in Eco Fuel II, FOB (Article I, Excess Revenues, Section 501 and Schedule A). — Process waste to Fuel and ferrous at minimum of 50% of incoming waste (less quantity of Class II) (Section 204). — Penalty of $1/ton for landfill disposal which exceeds 40% by weight of all incoming waste (less Class II and Residue) (Section 306.B.). — Heaviest “fine” is $2.00/ton if exceeds 40% of incoming waste to landfill disposal (Section 306.C.). — Force rnajeure applies — fires, explosions, strikes, etc. — Incentive if economically feasible Eco Fuel II market. The analyst, the Report states, has taken the view of “a third party community” to focus on pertinent risks. Obviously many of the risks commented on are not important or necessarily very pertinent to this port . A comparative risk pattern should have been established which insured focus on major risks reflecting risk and revenue sharing programs — these risks would appear, from a community point of view, to fall into the following categories: o Contracting parties o Waste o Payment o Termination o Disputes o Facility on—line o Customer indemnification o Capital Infusions o Taxes and levies o Recycling and source separation programs o Standards of performance relative to the conversion of waste to recovered resources. Since this is a comparative analysis of three projects, it would seem appropriate that a “risk” comment on one project would require a corres- ponding risk comment on the other projects. The absence of such treat- ment results in prejudicial or biased statements and a violation of the basic idea of a comparative analytical approach. TtTAN ENVIRONMENTAL SERVICES — 38 — ------- NESWC PROJECT TRANSPORTATION ANALYSIS SOIJRCE AND DELIVERY MODE 1979 T/YR. $/YEAR $/TON (1979) s/TON RANGE IN 2002 WEIGHTED AVERAGE MIN. MAX. DIRECT HAUL 255,800 1,396,300 5.46 3.05 15.64 17.91 — 91.83 MINI—TRANSFER—MA. 69,100 515,000 7.45 3.80 14.07 22.31 — 82.61 MINI—TRANSFER—N.H. 55,200 395,500 7.16 6.04 8.43 35.46 — 49.50 BEVERLY T/S 109,600 1,493,000 13.62 10.83 16.08 63.59 — 94.41 SALEM T/S 85,100 996,700 11.72 11.15 14.59 65.47 — 85.66 READING T/S 109,600 1,290,700 11.78 8.38 13.56 49.20 — 79.62 LOWELL T/S 140,600 1,543,600 10.98 9.59 14.51 55.90 — 85.19 PORTSMOUTH T/S 29,800 498,700 16.73 16.20 20.54 95.12 —120.60 TOTAL (1979) 854,800 8,129,500 9.51 55.84 DCB/4/6/79 ------- BAYS IDE TRANSPORTATION (1979) Packer Haul $ 1979 __________ Co m munity T/Yr( 1 ) itin. (3) MPH Ton—Mfn( 4 ) $/Ton $/Yr Remarks Beverly 24,752 1.0 3.0 20.0 0.173 0.519 12,846 (1) Bayside 1981 Estimate Discounted to 1979 @ 1% Danvers 24,752 3.1 8.0 23.3 0.180 1.443 35,705 (2) Measured ioucester 39,604 16.5 26.0 38.1 0.192 5.004 198,178 (3) Clocked — usually slightly Essex 2,079 14.5 27.0 32.2 0.201 5.415 11,255 greater than calculated by Mitre method Salem (6) 26,733 5.1 17.0 18.0 0.072(6) 1.305 47,549 (4) Calculated by equation Ipswi h 7,723 12.5 29.0 25.9 0.186 5.400 41,700(8) $It—min = 0.128 + 2.25 x 10 3 (MPH) Hamilton 4,554 8.2 18.0 22.3 0.190 3.411 15,534 Manchester 3,861 11.5 23.0 30.0 0.196 4.497 17,361 (5) Mm—transfer station with 8—T roll—off Middleton 4,455 7.6 21.0 21.7 0.177 3.714 16,546 $/t—min = 0.087 + 2.77 x 10 3 (MP}I) Wenham 2,277 6,2 13.0 28.6 0.192 2 50l 5,695 Swampscott 7 9,703 2.8 9.0 18.7 0.170 1.530 14,846(7 6) Transfer station exists trailer haul to Bayside Marblehead 14,251 6.8 22.0 18.5 0.170 3.734 53,236 $/t—niin = 0.049 + 1.305 x 10 3 (MPH Nahant 2,871 4.6 12.0 23.0 0.180 2.157 6,193 Rockport 5 3,960 21.1 37.0 34.2 0.182 6.726 26,634 (7) Packer haul to Salem T/S (8) Includes Swampscott’s Total (1979) 171,581 2.933 503,278 tonnage from T/S DCB/4/6/79 ------- I 12 301 20 51 101 1$ 2 I ‘7 302 100 511111$ S SOu4 aE A 42 389 700 SUflTS 3 SQUA#E N4E-5-Iwc Z ,,ei i- /, 4 9z//L c N7Adf/JWi fl’eS Z ,Z47 4 , 9/Z /27,46/ ‘7Z 7 (- 7’ 23 / 337 /75.: b?r /7 48 2 4 5ivCE Q,Q J ------- ‘5 3 I 50 SHEETS S SOUAIE I is sas los sHUTS 3 SQUARE 12 389 200 THEIrS 3 SQUAll A 7 ’ fS ’c/C 7 ’4tv5-,’ ’ ,S,z27-OA/s CQ , 4W,T ‘ / L S /1l,,VeI,55 ,V7 A/ ‘/v , ,— p // 7u Z) ’ ń t ,sWL ZYq o c’ /,414 a Q. LINDS . 7? 77 W$ ‘3 ’ e ’ ‘të S s c uc ,c’ s7E ,v9 /, ôA / I(/ A’44A4 C g 1 Ci ’ L 1 &,qC 7 Z 7Sz. 2 9, 2- O7 3 o4 4s - ‘ ‘I 2277 /ô9, oZ / 7S 2 .. /9,90/ /2 ,77 1 ,‘ ‘2.o/ z3.’I 2.4/a 3.A 7.;7ç 7. e_ 7 . ZIS /o/ Z 8 4.f 7 7.7b4 2. 77Z 4 3S 3 4’ 3s3 4 s 3 1 3 4YS3 4 s5 4 53 4’33 2.’? 7 2. 97 2. 97 Z. f7 /.‘33 ‘33 /i33 / /3 //3S /,t 33 / /3 //35 / /33 / 133 1/3 /.f 3 2.94/ 2’ / Z W Z’ 4’ 294/ 91/ z 94/ Z94/ 2. c 2. oOo 2, oo Z6oo /Og 3 3 /2.I/ / lo2 / ‘.o77 /2.7 I /S-; 7z. f? . 52k’ /Z// / .C2Z /O.t 7 /4 i4- 9S 727 /0. 9 ’9 ZCC,/?K 29 7 7 z,çsz 347i4 97’ /2 o3 52 Zç3o 1, Oo’ . o,4,3Za 7,’4 /1/ /90,9/0 /z4t,23) /‘ 5 4 ------- i 1? 382 lO SHUTS S SOIJARE I 42 331 O SH3EYS 5 SOUAIE ‘ 2 3B92OO5 uis SSQU*QF / Y S Sk.’C ‘ 4,y5,c- e S’7z 77a,vS Co, 4, 4’(I/f, 7 ’ “979 / e I ’LII g / aI7z SS 7 /flw — -___ esr- Z cl , 1 C y ’r P ,14rIL Z P cWS lb / / IL 3Zoo C 4s7 4( i, pi ,v P 4 ,s6 4,c ’ 4/4l I /4’47D A/ ZyA ’,vf /ELD ,s’: fl 4 LMIIW4 P N’ fl4 8c’ W 2 , , 7’áZ 89/ l 7 3, o zq, 7z z-c, 9;z o 3 C 2- 4S: /7,32.7 ‘ Z03o /09, So4 6.oI 2/.C/ 3s97 oQ• . 73 4z 2 7 95-z,4 77 - F: / 4.0 7 , (. . - 5; ‘ 57’ ,’ c 3.44/ 4 -q f 3_ 4f/ L f/ 3- “ MI ,1 - / , /33 “33. “/3; I., 33 o 2 4/ 2,q4f 1 24 I i z. / J 43Z 3 7 /ó. 7t0 / .734 i2. f,o7 /0. 2 Z /2067 ‘3 ç z if- 3TgI “C’,’ 1/- 77C 3g2, 7é7 /24 47f,7/7 C24 7 /,ylq ó3. C 7 331,14-9 /,Z9472 4W’ ------- 4 2dI 30 SHUtS S SQU SI 42 382 00 5HUtS 3 SQUARt A 42 389 200 SHSSIS 3 SQUAll N5s- ic Z- 74i%f5- - ,.e ,.5i z’?7O,4/.S c,VE5 - Ze 4 ’ - 7 ??9L ICe ŁJI1OX C,73 2.S’OI 4 4fo /fJy .qçt /49, 2 7 3. ?8o / / : . c/ C / . 47 o o 2S7/ 4 4 i9 0 1. W 4/, 7 3/ gg - 2 .077 4 4fo p. / 33 c’s’C //i 3 S 932 q 2. 9 4 ‘ o /. i w it ,, z , 9 ,o v //.7f 99473Z 7? L s ((q q) e c e i st .,‘- oo oXi. i) 9/ COO 9z2, 0 7,4v Ffr /960 - LYNN /;/$J ‘n &O , co aO° -rI r) 27? 4I I c ------- I 36 1 50 S (6TS S SOu t 38 ISO SHEETS 3 SQUAll A J 2 369 200 SMUI5 3 SQUAll .ar.Onat —— / V fS4’C 72 E ? / 11>,4,/ . — CoA1 aw, y /4 -79 . / 2 1 fLE3 4 ,*/;NI 4 7ES . Wci4 es Z e,p / / 2 z ANS 4- M4 4 K/ srF D 11 . ri e(f 4.’ 3 z C7 4/ s 8 7 2 / 99/ 4c L , _7 247 S / 8o 39 a 44c - z’2 /9. 22.o 27 . 3743 — 78.2s 2. -i 3. t 47 //9 437/ 7./57 7-2 9S ? o44 /3.o29 4.797 (/04) a. 67i q / o4 ’ / o9o /090 I. o4tO /ofo ,. o40 / o4o 3.7 9â SToo ( Z 49/ 9. / 7 J ) 3 c- 7. 8?? /O .O . 4- 9- z/ r C 97/ 7. 4 Z. /6; 5 b9 2i454 /S3, 44/ ;; 42/ 3Z9’ ° 9Z 735 24, ?t O /3, ?o ------- I A/’ES OC ‘aj—, 7 f”7/’Vf- e 1 i .. 5 >? 77a / - , / ,L / i iir V / 97f ,1 ;L 4 6s , Nii1 /?7W Łe 0 P ,ŘJaL 1 W’ ,‘ 4i6 ,ce i- 7 ed, g . , ? ‘ ‘ ‘ ‘ - Z edeY ,, 4 1 ’t 4, 8 s/ 792o /7 , 327 2/ 73 246 — /LLZ 4: 7393 4 i#o Ac I del 41 5 7.C / 7 7./S2 37,130 7 8 JO 7,oB/ 3 9ç4-7 751/67’ ------- “Final Report on the Three Proposed Resource Recovery Projects in the Boston North Shore Area.” Carrnents by the NES -UOP Project Generally the report is infonnative, thorough and objective. The report provides municipalities with a detailed nparative analysis of peting options which is cat reherisive and tthely. The report will enable the municipalities to make in- formad decisions regarding their long term solid waste disposal practices based on independent professional and factual analysis of these options. The caTrnents contained herein are sthnitted with the intent of clarifying the report in the few’ areas where we feel it requires clarification or additional Et asis. The cam nts are divided into three categories: Substantive Clarifications which we feel are of a significant nature arid are ii rtant for the client municipalities to be fully aware of. Minor Clarifications which we feel should be identified solely to insure the coir lete accuracy of the report in each detail. Ccimients on ass truptions These catn nts are intended to hasize that nore favorable assumptions in certain areas are realistic and uld reduce the disposal cost of the NEWSC-uop project. Substantive Clarifications 1. Strengths and Weaknesses of projects o NES -uop technology on the chart (pg E-9) is only marginally distinguished fran the canpeting technologies. W I ’ is characterized as “dcnonstrate technology” while the canpeting projects are diaracterizeci as “basic technology denonstrated.” NES C-UOP feels strongly that this distinction will riot present a clear picture of the tr situation to the municipal official unversed in the nuances of such characterizations. The LOP—Martin tethri logy has a long history of successful full scale operation in nurerous installations throughout the world. The number of plant years of experience with this technology is in the hundreds. In contrast, the CEA Technology has not been in contintx us ccxrirercial operation and has only a spotty history of pilot plant and test operations at its East Bridge- water, Mass, facility. Operating history and experience of the Titan technology with municipal solid waste is also quite limited in canparison to the LOP-Martin systa . NESWC-WP feels that a realistic characterization of the canpeting technologies would be to change the LOP characterization to “carnercially proven” in order that the distinction will be clear to municipal officials. ------- —2— o The NFSWC-UOP strengths on this chart (pg E—9) should include the strong revenue sharing arrang ne.nt provided in the NE WC-UOP Project. The revenue sharing arrang rent of 90% of energy revenues arid 50% of materials revenues (with 100% of the first $15/ton of ferrous revenue) going to the municipalities is the best revenue sharing arranget nt of all available options. Revenue sharing has been atutted from the NESWC-WP strengths while it is included as a strength or weakness in the carpeting projects. o Bayside-Titan’s united (if any) capability to provide capacity for rmercia1 and industrial wastes generated in contract municipalities is anitted from this chart (pg E-9) and should be identified as a “weakness” of the Bayside—Titan Project. Municipalities with a ourn rcial and industrial tax base should be concerned that provision is made for future disposal of wastes generated fran these sources. bst municipalities provide service for local business at existing rrn.nicipal disposal facilities. en municipalities contract for resource recovery services existing municipal facilities can be expected to close. If resource recovery facilities are not designed with capacity to handle camercial and industrial waste from municipalities served, solid waste disposal will bex e irore difficult and an increased cost of doing business for local carirerce and industry. Municipalities working to retain existing industry and attract new industry should be aware of this weakness in the Bayside-Titan Project. 2. Contract Risk analysis (pg E15 to E17) The contract risk analyses for the Bayside-Titan project and the SES -CEA project do not include analyses of the risks associated with the Special Acts which authorize the establishirent of the Bayside Resource Recovery Council and the SESWDD respectively. Municipalities should carefully review these Special Acts and the risks to municipalities inherent in the delegation of municipal p ers to these new governnental entities. For exarr 1e, the Special Act authorizing the creation of SESWDD provides that once the District is forrred it is authorized “to issue general obligation bonds for the purpose of ao uiring land and for constructing and reconstructing sanitary landfills and improver.ents there to . .“; the District is given broad pcwers to contract for solid waste disposal as well as for contracts of “every na ire and nature”; the District is authorized to preEtipt the municipal functions of collection, transfer and transportation of solid waste; the District is authorized to apportion the costs of the District including the principal and interest on the general obligation bonds and notes issued by the District anong the IrEnber cities and t ns based on population. ------- —3— While Gordian has analyzed the S - A contract to determine municipal risks, it is impossible to fully ca rehend the risk in vlved in the project without a oanprehensive analysis of the ability of the District to control the solid waste disposal practices and decisions of nErrber n nicipalities. This can only be accanplished by a careful and nplete analysis of the Special Act which authorizes the District. 3. Consistency of Bayside-Titan Landfill Cost . Landfill costs are not treated consistently thro hout this report. The Bayside-Titan project which is expected to make greater proportionate use of landfill for raw refuse than the N -WP project asst es a $5 per ton landfill cost (pg 60). The landfill cost assured for the NE -WP project is $8 per ton (pg 76), estimated current costs of canplying landfill are $9 per ton (pg E-l8) and n federal standards could increase these costs to $15 per ton (pg E-18). In the absence of irore definitive information about specific landfill sites and costs, it would sean appropriate to use consistent landfill cost assumptions. Given the greater reliance of the Bayside-Titan project on landfill for excess tonnage cct pled with the lack of process equiprent redundancy, an understatanent of landfill costs ass m tions would cause the Bayside-Titan project’s actual disposal cost to be even higher than anticipated. 4. Overstatanent of NFS -UOP ansportation Costs . (pg 100-102) The NESc 7C transportation cost estimate in the lc tonnage scenario is overstated by $ .58 per ton for 1979 because of the treathent of certain variable costs (vary with tonnage thru put) as fixed costs. The only NES C-LOP transportation costs that can be considered fixed for the purpose of this analysis are the transfer station costs ($1,564, 100). Mini-transfer turnaround costs ($59,080), transfer haul costs ($1,945,317) and mini— transfer haul costs ($310,115) at 868,000 tons are variable costs, thus changing the cost estimate for transportation of 713,000 tons fran $8.80 per ton to $8.22 per ton. This correction also applies in future years and the Gordian calculations should be adjusted according to the specific tonnage in the 1 z tonnage scenario for each year. ------- —4— Minor Clarifications The foll dng additional clarifications while not considered of major significance are identified solely to insure the cciiplete accuracy of the report in each detail. 0 (pg E-7) N SWC-WP miniinur guarantees This chart indicates that the N -UOP Project requires the minimun guarantee in subsequent years to be 100% of the previous year’s tonnage. This is not accurate. There is rio autanatic ratcheting ard of rninirmzn tonnage guarantees. The municipalities have the right to increase their minuinurn guarantee up to the aitount of the previous year’s actual deliveries but such adjusth nt is not required. o (pg E-14) NESc -UOP Project approval status This chart should be updated to note that the final envirorgnental impact report has been approved. o (pg 16) Guaranteed plant availability The N E -uOp project contract does provide for UOP guarantees of plant capacity and provides specific remedies to the rmiiicipalities in the event that tJOP fails to maintain the availability of this • plant capacity with certain “force majeure” situations excepted. o (pg 18) Bayside-Titan Tipping Fee Payment Arrang nt The format for the Bayside-Titan project tipping fee payment arran nent is riot consistent with the formats of the NESWC-UQP and SESWC-CEA projects (pg 19+20). The Bayside-Titan format does not include transportation costs for normal tonnage delivered t o the project. The Bayside—Titan format should include a line iten similar to the SES -CFA format as fo11c s: TP Z PCiRJ TI j CCSTS (EXTR FOR ThOSE SERVED) - .1 XYT INCLUDED Carinents on Assumptions While we accept the necessity of Gordian selecting certain ccxrrron ass unptions arid do not question that these ass uiptions have been applied uniformly and fairly, the NESWC-rJOP Project considers the Gordian assumptions to be very conservative. The NESWC-UOP Project wishes to bring tc the atterticn of the municipalities that n re favorable assumptions in certain areas are realistic and would reduce the NESWC disposal cost. ------- —5— 1. We hope that the sustained 6% to 8% rates of inflation ass.nred by Gordian are higher than act l1y occur. 2. Gordiari ass ijn s no reven for recovery of aJ .tunintm and heavy non-ferrous n ta1s. UOP inte.rids to recover these metals arid expects the revenues to reduce the disposal costs. 3. Gordian a s t s no revenus for sale of steam to Western Electric Co. UOP is negotiating with Western Electric Co. and expects to sell steam and provide additional energy reventE. 4. Gord.ian ass ii s that the NESWC-UOP Project will not reach full capacity tonnage until after the mid point (10th year) of contract operations. NESWC and t P feel that this is riot valid arid that full capacity will be reached early in the project (within first five years) and sustained throughout the contract. In addition to the above o nents, the NESWC-WP Project has suggestions for presentation and report format which are intended to increase the Utility of the final report to municipal officials. We suggest the fol1 dng: 1. Distinct identification in the title of the E ecuUve S m azy and the Full Report as a two voluie set. Consideration should also be given to including the Executive Siiiutary as a separate section in the Full Report. 2. Graçhic depiction of Table 1 S runaxy of Cost Data for the Bays ide NESWC and SES Projects in the Executive SuriTrary to increase its clarity and utility to municipal officials. Attached for your consideration is a suggested format for such grajthic depiction. WPG/jyl ------- 130 - SUr ARy OF YJST DATA FDR E BAYS IDE, NEZWC M D SES - PIOJECIS / / SE WC BAYSIDE — p • p P • p P p P 04 120 - 110 — 100 — 90- 80. 70_ 60_ 50_ 40 30... 20 / n I I 1979 80 I I I - I I I I I I 82 84 86 88 90 92 94 96 98 2000 02 ------- COMBUSTION EQUIPMENT ASSOCIATES, INC. 4 555 Mad son Avenue, NY, N Y 10022 • 212/980-3700 • Telex 126695 April 10, 1979 Mr. Ira W. Leighton Sanitary Engineer Solid Waste Program U.S. Environmental Protection Agency Region I J. F. Kennedy Building Boston, Massachusetts 02203 - Dear Mr. Leighton: The following is a critique of your final report on the three competing solid waste alternatives available to towns in the North Shore. The few days allowed to review the report prevent me from examining every project. I therefore concentrated on SESWC and NESWC. If your goals were to report the facts of each project as they were available, then I offer that you did an excellent job. On the other hand, during the inter— views of CEA, I felt that goals were set to interpret facts, verify their validity and present the revised facts, if such was needed. I agree with this philosophical approach as long as the procedure is applied consistently over the three projects. I’m not convinced that the above procedures were followed consistently. My first comments deal with the practical viability of the projects. Since 1974 NESWC has been a reality in the North Shore area. During the early periods of its existence, it had no competing projects. Yet it remains, struggling to sign up its first community. I suggest that the project is too large for the area it intends to serve and that its dependence on “out of state” waste demonstrates this point. Should New Hampshire invoke its own plan, NESWC will suffer. Ironically, RCRA may well enable this to Occur. One may argue that other plants of comparable size are planned or under construction. For example, Black-Clawson is erecting a 3,000 tonI day facility in Dade County Florida. In Dade’s case, a strong county form of government exists, and the facility’s input has been legislatively assured. In other areas, such as Newark, New Jersey, CEA is building a 3,000 TPD facility with 2,000 TPD being built in the first phase. But the waste shed contains 40,000 tons per week being dumped within ten miles. Therefore, I believe it was your responsibility to point out that the NESWC project located in Northern Massachusetts is more ambitious than any other of equal size and that its level of acceptance in five years demonstrates this fact. This has a direct bearing on the communities, since the risk of oversized capability in the project lies with the communities and their increase in tipping fee. I would now like to review the basis of the numbers for the NESWC project. I am particularly dismayed by your allowing a negative disposal fee to appear in the economic analysis. ------- L()MBUS F ION I OUII 1 MI N I ASSOLIA I ES INC. Mr. Ira W. Leighton -2- April 10, 1979 In the year 2002, the fee ranges from +3.19 to -7.40/ton. One would presume that a futures market might develop in solid waste disposal. This negative disposal fee is consistent with the concept of sharing in 90% of Net revenues; net being the key word. If there were value in the revenues, 90% would not be given away. The following represents criticism of various components of the numbers structured in the NESWC disposal fee. Annual Debt Service : (Pg. 65) You have allowed an effective interest rate of 3.4% to be used in the computation of debt service. In the interest of a conservative presenta- tion, you should have used a 6-1/2% or 7% rate, since the communities are at risk in the event of an unfavorable tax ruling. Also in your calcula- tions list on page 70 for the year 1979, you have calculated debt service/ ton on 713,000 instead of 558,000 member tons. This error increases annual debt service to 17.59, a difference of $3.69/ton. All net service fees should be increased by $3.69/ton in 1979. That is, the net service fees will be 10.78 or 15.15 (based on this error alone). Operating and Maintenance Costs:(Pg. 65)and.Private Hauler Credits (Pg. 68 - Pg. 69) The calculations in t se items require close scrutiny. The benefits are obvious but the risks (to the communities) are subtle. The tables on Pages 70 through 74 reflect decreasing disposal fees as member tonnage incfeases and private tonnage remains constant. Consider the opposite. If a business decision is made to fill the facility with private tonnage rather than community tonnage, the debt service and 0 H costs will fall on the first 1800 tons/day of community tonnage. For purposes of example on Pg. 69, the comunities do receive credits, but it is unclear what charge is being made to private haulers. It could be $20.00/ton with the communities receiving a small share of that revenue. Consideration should also be given to the potential of extended down time under the scenario of 1800 TPD of contracted communities. During partial shutdown of the facility, private tonnage could be shut out, with no revenue for that tonnage accruing to the participating communities. Yet the facility would be taking member tonnage will full debt service and 0 E M cost placed on the communities. Ferrous Credit Pg. 68 and Residue Disposal Fee Pg. 66 67 I am confused about the treatment given these items. The residue consists of non-combustibles, unburned combustibles, and incinerated ferrous. Since no incinerator can or has achieved a truly inert state for its residue under operating conditions, the worst case must be assumed. That is, it ------- (;( )M(FLJS I ION 1- QI JII’l 1I Ni AS CA IF S INC Mr. Ira W. Leighton -3- April 10, 1979 must be treated as a bio-degrad waste and subjected to the same regula- tions imposed on solid wastes. Therefore, it is not conservative in your presentation to give it the benefits of a superior residue that does not require cover. Furthermore, during the incineration process, the residue is quenched to cool it to ambient temperatures. If it is to be transported offsite, a cost provision must be made to de-water the residue prior to transport so that leaking quench water is not distributed over the highways in transporting the residue. The need for cover not only satisfies leachate control methods but prevents fine materials from blowing through the countryside contiguous to the land- fill site. This is another reason for meeting the daily cover, landfill requirement. On Page 68, it is stated that neither a steady price nor an outlet is assured for recovered ferrous. Since ferrous is part of the residue stream, is the residue higher than 18% if ferrous is not recovered? Further, if it is admittedly doubtful that the market place exists and the price undetermined, why, in the interest of conservative accounting, should ferrous recovery be demonstrated as credits through charts on Pages 70 through 74? Also, does the capital cost included in the proposal include equipment necessary to remove and beneficjate the ferrous component? Do operating costs include the cleanup of ferrous so that the communities receive the full $20.00/ton of ferrous credit or is this incremental cost deducted from the sales price? Recovered Resource Credit : The major source of revenue to the NESWC project is obviously the electrical sales revenue. However, the project is not described adequately in the report to ascertain the revenue risks. One could assume that if the project guarantees a $7.50/ton revenue to the communities that $8,261,190 must be generated to offset this credit in 1979. $8,261,190 = 423 KWh (3000 Ton) (310 Days) (1.34) ( $.Olo ) Ton Day KWh If this $8,261,190 is not generated, is tonnage from the succeeding year used to offset the previous year revenue shortfall? If so there will not be a credit in excess of the fixed $7.50/Ton credit. In the revenue stream projection for 1979, (Pg. 70) a credit of $9.84/ton is illustrated. In addition, a credit of $4.09 is added for Private Hauler credit. I can calculate a $9.84 credit by dividing $8,261,190 by 930,000 annual tons which equals $8.77/ton and assuming the balance is ferrous credits. ------- .()MBI.JS I l( N [ ( ) JUN.11 NI ASS( )( IA II Mr. Ira W. Leighton -4- April 10, 1979 On the other hand, only 713,000 tons is processed in this 1979 evaluation. Of this amount 558,000 tons is community tonnage which should yield a revenue of about $5,000,000.00. Under this circumstance, the contractor has not reached a revenue level of $8,000,000 and sharing cannot be more than the $7.50/ton. In addition, the $7.50 component in the private hauler tonnage must also be disallowed. As this shortfall contunues, and if full capacity is not attained, there will be a continuous debit against revenue that will prevent credits beyond the $7.50/ton guarantee. Notwithstanding, the above, the NESWC project predicts 98% utilization of equipment. In roy view, this is overstated. Comparable utility equipment is generally available 70 to 80% of the time and I believe in the interest of a conservative presentation that a utilization factor of 85% be used. One page 111, you anticipate 15% downtime at light load periods which is optimistic. To this you must add, turbine downtime (scheduled or unscheduled) during which perids, no revenue accrues to the community. My summary of revisions to (page 70) 1979 Service Fees is as follows: ** Annual Debt Service: $ 25.40 Annual 0 M Cost: 8.66 Bond Insurance: 0.52 Host Community Fee: 1.00 *Residue Disposal Fee: 2.87 GROSS SERVICE FEE: $ 38.45 Recovered. Resource Credit: $ 7.50 (No Ferrous) Private Hauler Credit: 2.00 (No Revenue Credit) $ 9.50 Total Credit NET SERVICE FEE: $ 28.95 ** Annual Debt service of $13,100,000 for 140,800,000 Bond issue @ 7% for 20 years: $13,100,000 + 555,000 Annual Tons = $25.40 * Residue Disposal Fee: 713,000 Input Tons . 18 128,000 Residue Tons $ 8.00/Ton Disposal $ 4.00/Ton Dewatering $_4.00/Ton Trans. $16.00/Ton Total 128,000 X $16.00 $ 2.87 (Cost For Residue Disposal 713,000 Per Input Ton) ------- (.( )M 31J5 I ION L()L JII MI Ni AS ( ( IA II IN( Mr. Ira W. Leighton -5- April 10, 1979 If the same conditions prevail throughout the life of the project, i.e., a continual shortfall of ca city to the facility, the net service fees will change radically. Since the $7.50 guaranteed credit is constant, the net service fee in year 2002 would change to +43.67 from -7.40/ton, on this issue alone. In addition, at an interest rate of 7% on the financing, debt service per ton for 1800 TPD will be $8.00 more than previously stated. To minimize a given community’s risk, it would be beneficial if each town when joining, was the 3000th ton tthder contract rather than among the first 1800 TPD committed. SESWC / CEA Project Viability : In contrast to the NESWC plan, the SESWC project is more realistic in size and requires 275,000 annual tons for it to be a reality. This is approximately 900 tons per day and is well within reasonable limits of the service area. Price Stability : Also, in contrast to NESWC, once this intial tonnage level has been reached, there is no risk to community in terms of varying price levels. The prices are set, understandable, and a clear cut budget decision can be made. While these differences exist in my mind, the report lists tables of figures with little indication of the softness of one and the hardness of the other. Landfill Acquisition Costs : SESWC originally budgeted $1.05/ton for site acquisition and improvement. Your report overstates this figure due to potential increases from RCRA or increas s in land value. I submit, that the original estimate is con- servative and should be kept intact. $1.05/ton is equal to a $3,000,000 investment in the property capitalized by a 0. 0. Bond over 20 years @ 7%. Of that amount, 750,000 was dedicated to acquire over 100 acres B $6300.00/ acre which represents 150% of the price of the last taking. The balance of $2,250,000 shall be used to rectify the Peabody landfill operation and prepare the new site for landfill capability. ------- ;( )MU( J - I( )N E( )1 JiF t 1 N I AS OflIA irs INC Mr. Ira W. Leighton -6- Apr11 10, 1979 Energy Sharing : The intent of CEA in presenting a fixed price to SESWC was to satisfy the district requirements of eliminating capital investment by the district members, avoiding encumbrance of the debt service load associated with that capital investment and finally to enable the Towns to deal with a fixed price. To the extent that the SESWC project is virtually risk free, then revenue sharing starts at a higer level after CEA has obtained its return. To present a solid case for the security of its project, CEA submitted a signed contract for its Eco-Fue]. as a demonstration of its capability to market Eco-Fuel. As a penalty for this, the economics of revenue sharing are severly impaired by transportation costs to a fuel user outside the district. In addition, CEA’s project is tainted by state- ments on the ability to market fuel when it is the only project with a signed energy contract. In effect, a signed contract is penalized by transportation when compared to contracts “in negotiation.” CEA has signed contracts for Eco-Fuel with the following companies: 1) Public Service Electric Gas of New Jersey 2) United Illuminating of Connecticut 3) Naragansett Electric Company of Rhode Island 4) James River Corporation of Massachusetts. Further,CEA has letters of intent from Toledo Edison, Tampa Electric, Long Island Lighting Company and others close in to large wat sheds. To the extent that Eco-Fuel is marketable to Salem Harbor Station and other close in fuel users such as the Southern Essex Wastewater Treatment Facility as a substitute for fossil fuel in sludge incineration, I insist that the transporation cost be fixed at a lower rate of 3% of the sale price of Eco-Fuel at any time period. To confuse matters, the calculations of Eco-Fuel revenue on Page 88 are in error as well as the entry on Page 55 for 1992 revenues. ------- (;( )MUUS I ION EQI II NI ASSU( ,IA I IS IN( Mr. Ira W. Leighton -7- April 10, 1979 The price of Eco-Fuel should be: when fossil fuel (Po) = $8.67/MM Btu, Eco-Fuel is: $ 5.09 C .15) 3% Transportation ( .56 ) 0 M Cost $ 4.38 - 2.50 $ 1.88 Available for SESWC Sharing 1.88 x 7.2 x .8 = $10.83/Ton (For SESWC Sharing) My calculations for the year 1992 tipping fee is as follows: Base Cost $ 23.07 Landfill Acquisition $ 1.05 Host Community Fee $ 3.78 TOTAL $ 27.90 LESS: Energy Credit $ (10.83) Income from Non- District Tonnage $ ( .59 ) NET COST TO COMMUNITY $ 16.48/TON I respectfully submit that this is a hard number, competitive for the year 1992, with very little risk to the communities. In the context of risk, CEA has operated its facility in E. Bridgewater, Massachusetts since June of 1973. We serve Brockton, Whitman, Avon, Dedham, Southboro, Duxbury and Staughton and have never turned a truck away. I ask that you please review my comments and change those entries in your report that will offer a fairer comparison than demonstrated. Also correct any mathematical errors. I thank you for this opportunity to comment and look forward to the presenta- tion to the communities. Very truly yours, n B. Reilly ce President - Marketing Environmental Systems Division JBR/mc ------- |