Mayor Freddie O'Connell Executive Order Number 011

The Metropolitan Government of Nashville and Davidson County

Freddie O'Connell, Mayor

Executive Order 11

Subject: District Energy System Advisory Board

I, Freddie O’Connell, Mayor of the Metropolitan Government of Nashville and Davidson County, by virtue of the power and authority vested in me, do hereby find, direct and order the following:

I. The Metropolitan Government owns and operates an energy plant and distribution system (the “District Energy System”) for the purpose of furnishing steam and chilled water to numerous private and public customers in downtown Nashville.

II. There is established a District Energy System Advisory Board (“DES Advisory Board”), for the Metropolitan Government of Nashville and Davidson County.

III. It is in the best interest of the citizens of the Metropolitan Government that the DES Advisory Board continually evaluate the District Energy System and make reports and recommendations to the Mayor regarding the same.

IV. The missions of the DES Advisory Board are to:

1. maintain effective and efficient utilization of the District Energy System;
2. maintain dependable and cost effective services to the system’s customers; and
3. maintain compliance with all applicable laws, regulations and relevant bond covenants.

V. The responsibilities of the DES Advisory Board are to:

1. review monitoring reports and annual plans and budgets of the system and make reports and recommendations to the Mayor regarding the Metropolitan Government’s use of and reliance on the District Energy System;
2. review monitoring reports and annual plans and budgets of the system and make reports and recommendations to the Mayor regarding ongoing compliance with all applicable laws, regulations and relevant bond covenants related to the District Energy System;
3. make reports and recommendations to the Mayor regarding the Metropolitan Government’s relationship with the system’s operator, Constellation Energy Source, Inc. (“CES”) and its successors; and
4. make reports and recommendations to the Mayor regarding the Metropolitan Government’s relationship with the customers of the District Energy System, specifically including the consistency, quality and cost effectiveness of the services provided to customers.

VI. The DES Advisory Board shall have nine voting members, as follows:

1. Four permanent members:
   a. the Director of Finance (or designee);
   b. the Director of General Services (or designee);
   c. the Executive Director of the Metropolitan Development Housing Agency (or designee); and
   d. a representative of the State of Tennessee.
2. Four members with terms of four years:
   a. a representative of the District Energy System’s initial private customers, selected by their vote;
   b. a representative of the District Energy System’s other private customers, selected by their vote; and
   c. two members of the public, appointed by the Mayor and having experience in real estate development, energy or the downtown business community; provided that the terms of members currently serving by Mayoral appointment shall expire on June 1, 2017, but such members shall continue serving until their successors are appointed.
3. One metropolitan councilmember-at-large or councilmember residing in the district where the District Energy System is located, designated by the Mayor in consultation with the Vice-Mayor and having a term concurrent with that member’s councilmanic term of office.

VII. The business of the DES Advisory Board shall be conducted as follows:

1. The Board shall select a Chair and a Vice-Chair from its membership.
2. The Board shall hold regular meetings not less than once per annual quarter, with regular meetings held at a date, time, and place to be determined by the Chair.
3. The Board shall hold special meetings as necessary as may be called by the Chair or by request of three members.
4. At any meeting of the Board, a quorum shall consist of five voting members.
5. The Board shall be staffed by a Project Administrator and DES Liaison.
6. Funding to support the expenses of the Board will be included in the annual budget for the DES as part of ongoing DES operations administration.

Ordered, Effective and Issued: January 17, 2024

Freddie O’Connell

Metropolitan County Mayor