Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
Cabinet approved an Outline Business Case for the Cardiff Heat Network (CHN) on the 19th April 2018.This decision authorised the further development of a Final Business Case for Cabinet approval subject to securing the appropriate funding.
In January 2020, the Council were successful in gaining Capital grant funding of £6.628m for the first phase of the CHN from Department of Business, Energy and Industrial Strategy (BEIS) Heat Network Investment Project (HNIP). An £8.6m interest free loan over 30 years has also been agreed with Welsh Government with repayments starting in 2025.
A tender process has commenced to secure contractors to Design, Build, Operate and Maintain the CHN. A special purpose vehicle (SPV) will be needed to manage the network with funds being on-lent/on-granted from the Council to the SPV.
The Cabinet Report will present the final business case following the completion of the tender exercise, and will seek permission to establish the SPV and enter into contracts for the delivery and operation of the network. Subject to final prices received at tender, and to office level discussions, it may also propose a direct Council investment to cover any manageable funding gap needed to progress the project.
Appendix 1, 2 and 4 to to this report are not for publication by virtue of paragraphs 14 of Schedule 12A of the Local Government Act 1972 as it contains information classified as exempt under Schedule 12A that it contains information relating to the financial or business affairs of any particular person (including the authority holding that information). In all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information
APPENDIX 3 TO THIS REPORT IS NOT FOR PUBLICATION BY VIRTUE OF THE PROVISIONS OF SCHEDULE 12A PARAGRAPH  (INFORMATION IN RESPECT OF WHICH A CLAIM TO LEGAL PROFESSIONAL PRIVILEGE COULD BE MAINTAINED IN LEGAL PROCEEDINGS) TO THE LOCAL GOVERNMENT ACT 1972
1. the Final Business Case for the Cardiff Heat Network (including the project’s Special Purpose Vehicle) attached to this report be approved subject to the capital costs affordability envelope arising from the design, build, operate and maintain (DBOM) procurement not exceeding the total capital cost stated in Table 2 of the confidential FBC.
2. Approval be given to the Shareholder Agreement between the Council and the Special Purpose Vehicle, and authority delegated to the Director of Planning, Transport and Environment to make minor amendments to this.
3. Approval be given to the establishment of the Council’s wholly owned Special Purpose Vehicle, to be known as the Cardiff Heat Network, under the terms of the Shareholder Agreement which contains the formal Governance Arrangements as generally described in the report.
4. the on-granting of the HNIP grant to the SPV be agreed and authority be delegated to the Director of Planning, Transport and Environment to agree and execute the on-granting agreement between the Council and the SPV
5. the on-lending of the WG loan to the SPV be agreed and Authority delegated to the Director of Planning, Transport and Environment to agree and execute the loan agreement between the Council and WG and the on-lending agreement between the Council and the SPV.
6. Authority be delegated to the Director of Planning, Transport and Environment to agree on behalf of the Council, as the sole shareholder, the SPV entering in to all necessary agreements to implement the project, including but not limited to:
· The design, build, operate and maintain (DBOM) contracts for construction and operation of the network
· The bulk heat supply agreement with Viridor
· The Heat Supply Agreements with customers
· Utility agreements for gas and electricity at the back up energy centre
· Easements to cross private land
· Lease agreement for land for back-up energy centre
7. Authority be delegated to the Director of Planning, Transport and Environment , in consultation with the Cabinet Member for Clean Streets, Recycling and Environment and the Council’s S151 Officer, to agree on behalf of the Council, as the sole shareholder, updates to the SPV Business Plan and consent to any Reserved Matters as required by the Shareholder's Agreement (subject to any matter referable to Full Council).
8. It be noted that the Director of Planning, Transport and Environment already has delegated Authority under the April 2018 OBC approval to award the DBOM contract after Cabinet has approved the Final Business Case.
9. Authority be delegated to the Director of Planning, Transport and Environment to agree all other documents required relating to the constitution and governance and operations of the Special Purpose Vehicle and its relations with the Council.
10. It be noted that a further report will be taken to Council in due course to approve the appointment of the external non-executive director of the SPV.
Publication date: 18/12/2020
Date of decision: 17/12/2020
Decided at meeting: 17/12/2020 - Cabinet
Effeithiol O: 01/01/2021