AGENDA
City of Carlsbad | City of Del Mar | City of Escondido | City of San Marcos | City of Solana Beach Board of Directors Regular Meeting Agenda
August 25, 2022, 2:00 p.m.
City of San Marcos|Virtual Meeting
Pursuant to Government Code Section 54953(3) (Assembly Bill 361), and in the interest of public health and safety, Clean Energy Alliance (CEA) is temporarily taking actions to prevent and mitigate the effects of the COVID-19 pandemic by holding CEA Joint Powers Authority meetings electronically or by teleconferencing. All public meetings will comply with public noticing requirements in the Brown Act and will be made accessible electronically to all members of the public seeking to observe and address the CEA Joint Powers Authority Board of Directors.
Members of the public can watch the meeting live through the You Tube Live Stream Link at:
https://thecleanenergyalliance.org/agendas-minutes/
or
https://www.youtube.com/channel/UCGXJILzlTUJOCZwVGpYoC8Q This is a view-only live stream. If the You Tube live stream experiences difficulties members of the public should access the meeting via the Zoom link below.
Members of the public can observe and participate in the meeting via Zoom by clicking:
https://us06web.zoom.us/j/81376410530
or telephonically by dialing:
(253) 215-8782
Meeting ID: 813 7641 0530
Members of the public can provide public comment in writing or orally as follows:
Written Comments: If you are unable to connect by Zoom or phone and you wish to make a comment, you may submit written comments prior to and during the meeting via email to:
[email protected]. All written comments will be posted online and become part of the meeting record. To ensure announcement of receipt of your written comments during the meeting, please submit all written comments at least an hour prior to the commencement of the meeting. Public comments received in writing will not be read aloud at the meeting.
Oral Comments: You can participate in the meeting by providing oral comments either: (1) online by using the raise hand function and speaking when called upon or (2) using your telephone by pressing *9 to raise your hand and speaking when called upon.
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”), please contact [email protected] prior to the meeting for assistance.
AGENDA
2 Clean Energy Alliance Board Meeting Agenda
August 25, 2022
CALL TO ORDER
ROLL CALL
FLAG SALUTE
OATH OF OFFICE – CITY OF OCEANSIDE & CITY OF VISTA PRIMARY AND ALTERNATE BOARD MEMBERS
BOARD COMMENTS & ANNOUNCEMENTS
PRESENTATIONS
Clean Energy Alliance One-Year Anniversary Video Presentation Report from Clean Energy Alliance Community Advisory Committee (CAC) Chair Dwight Worden – CAC Meeting August 4,2022
PUBLIC COMMENT
APPROVAL OF MINUTES
July 28, 2022, Regular Meeting
Consent Calendar
Item 1: Reconsideration of the Circumstances of the COVID-19 State of Emergency to Determine Whether the Legislative Bodies of Clean Energy Alliance will Continue to Hold Meetings Via Teleconferencing and Making Findings Pursuant to Government Code Section 54943(e)
RECOMMENDATION
Continue meetings by teleconferencing pursuant to Government Code Section 54943(e), finding that: (1) the Board has reconsidered the circumstances of the state of emergency created by the COVID-19 pandemic; and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person.
Item 2: Clean Energy Alliance Treasurer’s Report
RECOMMENDATION
Receive and file Clean Energy Alliance Treasurer’s Report for June 2022 activity.
AGENDA
3 Clean Energy Alliance Board Meeting Agenda
August 25, 2022
Item 3: Consider Scheduling Clean Energy Alliance Special Board Meeting for September 22, 2022, and Canceling Regular Meeting of September 29, 2022
RECOMMENDATION
Schedule Clean Energy Alliance Special Board Meeting for September 22, 2022, and cancel regular meeting of September 29, 2022.
Item 4: Consider Adoption of Resolution No. 2022-005 Approving Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement
RECOMMENDATION
Adopt Resolution No. 2022-005 Approving Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement.
Item 5: Ratify San Diego Gas & Electric Confirmation for the Long-Term Voluntary Allocation of Renewable Energy Credits
RECOMMENDATION
Ratify San Diego Gas & Electric Confirmation for the Long-Term Allocation of Renewable Energy Credits.
Item 6: Consider Adoption of Resolution No. 2022-006 Attesting to the Veracity of the 2021 Power Source Disclosure Reports and 2021 Power Content Label Addressing the Clean Impact, Clean Impact Plus and Green Impact Retail Service Offerings
RECOMMENDATION
Adopt Resolution No. 2022-006 attesting to the veracity of the 2021 Power Source Disclosure Reports and 2021 Power Content Label addressing the Clean Impact, Clean Impact Plus and Green Impact Retail Service Offerings.
Item 7: Consider Approval of Clean Energy Alliance Policy #CEA-019 Check Handling Policy
RECOMMENDATION
Approve Clean Energy Alliance Policy #CEA-019 Check Handling Policy.
New Business
Item 8: Consider Appointment of Clean Energy Alliance Interim Chief Financial Officer/Treasurer
RECOMMENDATION
Appoint Andy Stern as Interim Chief Financial Officer/Treasurer.
AGENDA
4 Clean Energy Alliance Board Meeting Agenda
August 25, 2022
Item 9: Clean Energy Alliance Chief Executive Officer Operational, Administrative and Regulatory Affairs Update
RECOMMENDATION
Receive and file Community Choice Aggregation Update Report from Chief Executive Officer and Regulatory Affairs Report from Special Counsel Tosdal APC.
Item 10: Appoint Del Mar and Solana Beach Community Advisory Committee Members
RECOMMENDATION
Appoint City of Del Mar Community Advisory Committee Member for term through December 31, 2022, and City of Solana Beach Community Advisory Committee Member for term through December 31, 2023.
Item 11: Declare Community Advisory Committee Vacancies for the Cities of Oceanside and Vista
RECOMMENDATION
Declare Community Advisory Committee vacancies for the cities of Oceanside and Vista and direct for terms ending in 2024 and 2025 and direct application period to be open through September 30, 2022, for appointments October 27, 2022.
Item 12: Consider and Provide Direction Regarding Amendment to Clean Energy Alliance Joint Powers Agreement Setting Chair and Vice Chair Term Limits
RECOMMENDATION
Consider and provide direction regarding amendment to Clean Energy Alliance Joint Powers Agreement setting Chair and Vice Chair term limits.
BOARD MEMBER REQUESTS FOR FUTURE AGENDA ITEMS
NEXT MEETING: Regular Board Meeting September 29, 2022, 2pm, City of San Marcos, Virtual Clean Energy Alliance - Board of Directors
Regular Meeting Minutes
July 28, 2022, 2:00 p.m.
City of San Marcos|Virtual Meeting
Teleconference Locations Per Government Code Section 54953(3) (Assembly Bill 361) CALL TO ORDER: Chair Becker called to order the regular meeting of the Clean Energy Alliance at 2:00 p.m.
ROLL CALL: Board Members: Walton, Acosta, Inscoe, Vice Chair Druker, Chair Becker
FLAG SALUTE: Board Member Walton led the flag salute.
BOARD COMMENTS & ANNOUNCEMENTS: None
PRESENTATIONS
San Diego Gas & Electric Update on Summer Preparedness – Katelyn Hailey, Regional Public Affairs Manager, Sara Nordin, Customer Choice Strategy & Policy Manager and Shaun Gahagan, Wildfire Mitigation Program Manager
PUBLIC COMMENT: None
APPROVAL OF MINUTES
June 23, 2022, Special Meeting – Closed Session
June 23, 2022, Special Meeting
June 30, 2022, Regular Meeting
Motion by Vice Chair Druker, second by Member Inscoe, to approve the minutes of the special meetings held June 23, 2022, and the regular meeting held June 30, 2022.
Motion carried 4/0, with Board Member Walton abstaining.
Consent Calendar
Item 1: Reconsideration of the Circumstances of the COVID-19 State of Emergency to Determine Whether the Legislative Bodies of Clean Energy Alliance will Continue to Hold Meetings Via Teleconferencing and Making Findings Pursuant to Government Code Section 54943(e)
RECOMMENDATION
Continue meetings by teleconferencing pursuant to Government Code Section 54943(e), finding that: (1) the Board has reconsidered the circumstances of the state of emergency created by the COVID-19 pandemic; and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person.
Item 2: Clean Energy Alliance Treasurer’s Report
RECOMMENDATION
Receive and file Clean Energy Alliance Treasurer’s Report for May 2022 activity.
Motion by Vice Chair Druker, second by Board Member Inscoe, to approve the consent calendar.
Motion carried unanimously 5/0.
New Business
Item 3: Clean Energy Alliance Chief Executive Officer Operational, Administrative and Regulatory Affairs Update
RECOMMENDATION
Receive and file Community Choice Aggregation Update Report from Chief Executive Officer and Regulatory Affairs Report from Special Counsel Tosdal APC.
CEO Barbara Boswell updated the Board highlighting the SDG&E rate adjustment effective June 1, 2022, decreasing approximately 4% and commented that CEA along with San Diego Community Power filed a protest with the CPUC noting that the rates were based on outdated assumptions and not reflective of current market conditions causing SDG&E to under collect revenue. CPUC set aside the Advice Letter and may still take action related to the protest. CEA rates set in January 2022, adjusted in February meeting CEA’s goal of 2% generation cost savings, are reflective of current market conditions and provide sufficient revenue to cover operational costs. Ms. Boswell shared rate comparison charts and the benefits of being a CEA customer including reducing greenhouse gas emissions, meeting the Climate Action Plan goals of the member cities, cost effectiveness, and local control for the benefit of the community.
Vice Chair Druker inquired regarding verbiage on the joint mailers as to explanation of rate differential or simply comparison charts. Ms. Boswell indicated that the chart includes the power supply sources for both SDG&E and CEA but the ability to editorialize is not permitted. Marketing and outreach regarding the rates is underway providing information regarding the temporary situation and CEA’s role in setting rates that provide savings for customers. Board Member Walton commented that the rate swing is effectively the same as SDG&E and inquired as to response when this occurs, and Ms. Boswell stated that previous experience did not show significant opt outs or concern. Board Member Inscoe noted that the call center will be able to provide explanation of the temporary rate differential.
CEO Boswell commented on CEA expansion into the cities of Escondido and San Marcos with an April 2023 launch scheduled and reviewed the timeline, and commented on the status of Oceanside, Vista, and San Clemente joining CEA noting that San Clemente has tabled the decision. Chair Becker and Board Member Acosta extended gratitude to CEO Boswell for all her work and continued work with the cities and joining CEA.
Lastly, Ms. Boswell commented regarding the Community Advisory Committee (CAC) vacancies for the cities of Solana Beach and Del Mar and that applications will be accepted through July 31, 2022. Information and application is available at www.thecleanenergyalliance.org.
Regulatory Counsel Ty Tosdal updated the Board on the following items: SDG&E rate decrease (Advice Letter 4004-E), commenting that SDG&E submitted a consolidated advice letter seeking to implement multiple decision regarding modifications to revenue requirements, updates to Critical Peak Pricing, refund excess Department of DRW Bond charges, and implementing a revised sales forecast. The protest filed by CEA and SDCP noted that the sales forecast numbers are outdated, the advice letter designated Tier 1 (lowest scrutiny) should be Tier 2, and adoption of the advice letter would lead to undercollection by SDG&E. A notice has been submitted by SDG&E stating rates are indeed being undercollected for their main generation cost account and SDG&E submitted a request for 2024 rate increase of 3.2 – 3.6% a context of rising rate environment. Since that time, the Legislature has directed the State Auditor to conduct an audit of SDG&E rate increases previously approved by the CPUC. This audit is expected to take approximately 7 months or more. Lastly, AB 205 passed and was approved by Governor on June 30. This bill creates reliability programs and a strategic reliability reserve fund that will be supported by the state, not rates, and authorizes the Electricity Supply Strategic Reserve Program, permitting the Department of Water Resources (DWR) to implement projects to carry out the purposes of the Strategic Reliability Reserve. Updates will be forthcoming.
CEA Board received and filed report.
Item 4: Consider Resolution Authorizing the Cities of Oceanside and Vista to Become Parties to the Clean Energy Alliance Joint Powers Agreement and Members of the Clean Energy Alliance and Related Actions
RECOMMENDATION
1) Approve Resolution 2022-004 authorizing the Cities of Oceanside and Vista to become parties to the Joint Powers Agreement and members of Clean Energy Alliance; 2) Schedule approval of the Amendment of the Joint Powers Agreement for August 25, 2022;
3) Direct staff to prepare an Implementation Plan Amendment, reflecting the expansion into Oceanside and Vista, and return to the October 27, 2022, Board meeting for approval.
CEO Barbara Boswell provided the presentation and introduced Aiden Walden and Kirby Dusel of Pacific Energy Advisors to be available for questions. Ms. Boswell highlighted the requirements of the JPA for the addition of members, actions of both cities to join CEA, and reviewed the Financial Assessments of both cities noting a slight deficit in 2025 and surplus in 2026 and commented on next steps.
Vice Chair Druker inquired regarding the 2025 deficit and if the addition of the remaining cities to the financial equation would it erase the deficit. Ms. Boswell explained that it is possible and that prior to joining CEA each city’s financial assessment is viewed independently but after joining CEA it’s a combined view.
Motion by Vice Chair Druker, second by Board Member Walton, to approve the recommended action.
Motion carried unanimously, 5/0.
BOARD MEMBER REQUESTS FOR FUTURE AGENDA ITEMS: None
ADJOURN: Chair Becker adjourned the meeting at 3:11 p.m. _______________________________________
Susan Caputo, MMC
Interim Board Secretary
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 1: Reconsideration of the circumstances of the COVID-19 state of emergency to determine whether the legislative bodies of Clean Energy Alliance will continue to hold meetings via teleconferencing and making findings pursuant to Government Code Section 54953(e)
RECOMMENDATION
Continue meetings by teleconferencing pursuant to Government Code Section 54953(e), find that: (1) the Board has reconsidered the circumstances of the state of emergency created by the COVID-19 pandemic; and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person.
BACKGROUND AND DISCUSSION
On September 16, 2021, Governor Newsom signed AB 361 amending the Brown Act to allow local agencies to meet remotely during declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions, including the requirement that meetings be conducted in physical locations, under specified conditions. Namely, the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
The Board of Directors and CEA’s other legislative bodies have met using teleconferencing throughout the COVID-19 pandemic to protect the health and safety of the public and staff. On October 28, 2021, the Board of Directors determined that the factual circumstances exist for CEA to continue to hold meetings pursuant to AB 361. Specifically, on March 4, 2020, Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic (the “Emergency”). The Emergency continues to exist. In addition, the Centers for Disease Control and Prevention continue to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than six feet apart from others for longer periods of time. Based on this advice and as a result of the emergency, the Board determined that meeting in person presents imminent risks to the health or safety of attendees.
To continue meeting remotely pursuant to AB 361, an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) the emergency impacts the ability of the body’s members to meet safely in person, or state or local officials continue to impose or recommend measures to promote social distancing. These findings should be made not later than 30 days after teleconferencing for the first time pursuant to AB 361, and every 30 days thereafter.
Due to the ongoing emergency, the need to promote social distancing to reduce the likelihood of exposure to COVID-19, and the imminent risks to the health or safety of meeting attendees, staff recommends that the legislative bodies of CEA hold public meetings via teleconferencing pursuant to Government Code Section 54953(e) and make the requisite findings to continue to do so.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
None.
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Marie Marron Berkuti, Interim Treasurer
ITEM 2: Clean Energy Alliance Treasurer’s Report
RECOMMENDATION
Receive and File Clean Energy Alliance (CEA) Interim Treasurer’s Report for June 2022.
BACKGROUND AND DISCUSSION
This report provides the Board with the following financial information through June 30, 2022:
• Statement of Financial Position (Unaudited and preliminary) – Reports assets, liabilities, and financial position of the CEA as of June 30, 2022.
• Statement of Revenues, Expenses and Changes in Net Position (Unaudited and preliminary) for the twelve months ended June 30, 2022.
• Budget to Actuals Comparison Schedule (Unaudited and preliminary) – Reports actual revenues and expenditures compared to the annual amended budget as of June 30, 2022. • Budget Reconciliation to Statement of Revenues, Expenses and Changes in Net Position • List of Payments Issued – Reports payments issued for June 2022.
As of June 30, 2022, liabilities represent invoices and estimated accruals for energy and services received but not yet paid. The noncurrent liabilities relate to debt with JPMorgan as well as amounts due to the member cities of Carlsbad, Del Mar and Solana Beach. CEA is currently making interest only payments on the debt from JPMorgan. The amounts due to the member agency were for start-up costs and services provided to CEA for the period December 2019 to June 2020. These invoices are scheduled to be paid three years from the time CEA is operational.
August 25, 2022
CEA Treasurer’s Report
ASSETS
Current assets
Cash and cash equivalents $ 1,508,021
Accounts receivable, net 9,084,903
Accrued revenue 3,806,423
Other receivables 172,150
Prepaid expenses 128,157
Deposits 500,000
Total current assets 15,199,654
Noncurrent assets
Restricted cash 227,000
Deposits 1,262,000
Total noncurrent assets 1,489,000
Total assets 16,688,654
LIABILITIES
Current liabilities
Accrued cost of energy 6,195,322
Accounts payable 148,899
Deferred revenue 373,400
Other accrued liabilities 157,359
Total current liabilities 6,874,980
Noncurrent liabilities
Due to member agencies 504,017
Bank note payable 13,520,000
Total noncurrent liabilities 14,024,017
Total liabilities 20,898,997
NET POSITION
Unrestricted (deficit) (4,210,343)
Total net position $ (4,210,343)
These financial statements have not been subjected to an audit or review or compilation engagement, and no assurance is provided on them.
CLEAN ENERGY ALLIANCE
STATEMENT OF NET POSITION
As of June 30, 2022
August 25, 2022
CEA Treasurer’s Report
OPERATING REVENUES
Electricity sales, net $ 61,057,758
Miscellaneous income 10,706
Total operating revenues 61,068,464
OPERATING EXPENSES
Cost of electricity 59,858,714
Contract services 2,224,449
General and administration 139,977
Total operating expenses 62,223,140
Operating income (loss) (1,154,676)
NONOPERATING REVENUES (EXPENSES)
Interest income 15,040
Interest expense (363,293)
Nonoperating revenues (expenses), net (348,253)
CHANGE IN NET POSITION (1,502,929)
Net position at beginning of period (2,707,414)
Net position at end of period $ (4,210,343)
CLEAN ENERGY ALLIANCE
STATEMENT OF REVENUES, EXPENSES
AND CHANGES IN NET POSITION
Twelve Months ended June 30, 2022
These financial statements have not been subjected to an audit or review or compilation engagement, and no assurance is provided on them.
August 25, 2022
CEA Treasurer’s Report
BUDGET TO ACTUALS COMPARISON SCHEDULE
At its February 24, 2022, board meeting, the CEA Board amended the Fiscal Year (FY) 2021/22 budget approving $61,055,025 in total operating expenses and uses of funds. For the year-to-date through June 30, 2022, $62,586,433 has been expended, created an expense overage of $1,531,408. This overage is the result of a change in the accounting methodology used to record Net Energy Metering (NEM) credits that occurred after budget was adopted by the board. The budget anticipated that NEM activity would be reported net of energy sales revenue, causing a reduction in revenue. The methodology change caused an increase in revenue and an increase in power supply cost in the same amount. There was no bottom-line effect of this methodology change. Despite actual costs exceeding budget, revenue also exceeded budget by $3,775,003. The overall increase in net position (ignoring loan proceeds) for the year was better than expected. The budget anticipated a negative change in net position of $3,772,270 but the final result was a negative net position of only $1,502,929.
At its January 27, 2022, board meeting, the CEA Board approved a Credit Agreement Amendment with JPMorgan increasing the available line of credit to $15MM. Drawdowns through June 30, 2022, total $13,520,000, leaving $1,480,000 available.
The Budget to Actuals Comparison Schedules as of June 30, 2022, is shown on the next page.
August 25, 2022
CEA Treasurer’s Report
ANNUAL
AMENDED
BUDGET
ACTUAL YEAR-TO-DATE
BUDGET
VARIANCE
Operating Revenues
Energy Sales $ 57,282,755 $ 61,057,758 $ (3,775,003)
Total Operating Revenue 57,282,755 61,057,758 (3,775,003) Operating Expenses
Power Supply 58,222,525 59,858,714 (1,636,189)
Data Manager 840,000 842,777 (2,777)
Staffing/Consultants 235,700 239,862 (4,162)
Legal Services 375,000 292,646 82,354
Professional Services
Technical 333,200 319,359 13,841
Schedule Coordinator 140,400 141,425 (1,025)
Marketing 115,000 95,239 19,761
SDGE Service Fees 240,000 183,511 56,489
JPMorgan Amendment Fees 30,000 16,262 13,738
Other Professional Services 25,000 11,540 13,460
Professional Services 883,600 767,336 116,264
Audit Services 41,000 24,740 16,260
Software & Licenses 9,100 8,412 688
Membership Dues 121,000 120,903 97
Print/Mail Services 48,100 54,014 (5,914)
Advertising 15,000 3,074 11,926
Insurance 32,000 5,619 26,381
Bank Fees 2,000 1,434 566
Telephone 5,000 3,609 1,391
Total Operating Expenses 60,830,025 62,223,140 (1,393,115) Operating Income (Loss) (3,547,270) (1,165,382) (2,381,888) Non-Operating Revenues (Expenses)
Miscellaneous Income 10,706 - (10,706)
Interest Income 15,040 - (15,040)
Interest Expense (225,000) (363,293) 138,293
Total Non-Operating Expenses (225,000) (337,547) 112,547 Other Sources and Uses
JPMorgan Credit Agreement 6,000,000 8,520,000 (2,520,000) Total Other Sources and uses 6,000,000 8,520,000 (2,520,000) $ 2,227,730 $ 7,017,071 $ (4,789,341)
CLEAN ENERGY ALLIANCE
BUDGET TO ACTUALS COMPARISON SCHEDULE
Twelve Months ended June 30, 2022
Net Increase (Decrease) in Available
Fund Balance
These financial statements have not been subjected to an audit or review or compilation engagement, and no assurance is provided on them.
August 25, 2022
CEA Treasurer’s Report
Net Increase (Decrease) in Available Fund Balance
per Budgetary Comparison Schedule $ 7,017,071
Adjustments needed to reconcile to the change
in Net Position in the Statement of Revenues,
Expenses, and Changes in Net Position
Subtract Advances-JPMorgan Revolving Credit Agreement (8,520,000) Change in Net Position $ (1,502,929)
For the Twelve Months ended June 30, 2022
REVENUES, EXPENSES, AND CHANGES IN NET POSITION
BUDGET RECONCILIATION TO STATEMENT OF
CLEAN ENERGY ALLIANCE
These financial statements have not been subjected to an audit or review or compilation engagement, and no assurance is provided on them.
LIST OF PAYMENTS ISSUED
The report on the following page provides the detail of payments issued by CEA for June 2022. All payments were within approved budget.
August 25, 2022
CEA Treasurer’s Report
Date Type Vendor Description Amount
06/01/2022 Wire THE ENERGY AUTHORITY August 2022- Capacity SWAP 12,000.00 06/01/2022 ACH Nixon Peabody LLP JP Morgan Credit Amendment 16,262.31 06/06/2022 Wire THE ENERGY AUTHORITY May 2022 - CAISO Weekly Statement 142,687.01 06/06/2022 Wire JPMorgan JP Morgan - Interest Payments 557.21 06/07/2022 ACH Neyenesch Printers CEA New Move Letter and Postcard Mailing 499.73 06/13/2022 Wire THE ENERGY AUTHORITY May 2022 - CAISO Weekly Statement 207,252.01 06/15/2022 ACH Neyenesch Printers CEA New Move Letter Mailing 795.75 06/21/2022 Wire Direct Energy MAY-2022 - Capacity SWAP 171,500.00 06/21/2022 Wire EDF TRADING NORTH AMERICA MAY 2022 - Capacity Purchase 208,500.00 06/21/2022 Wire SDG&E MAY 2022 - RA Purchases 76,012.00 06/21/2022 Wire SEMPRA May 2022 - Capacity Purchases 274,400.00 06/21/2022 Wire THE ENERGY AUTHORITY May 2022 - CAISO Weekly Statement 113,206.40 06/24/2022 Wire Powerex July 2022 - Energy Prepayment 117,336.31 06/24/2022 ACH Neyenesch Printers Postage Permit Funding to Complete Mailing 265.00 06/27/2022 Wire THE ENERGY AUTHORITY June 2022 - CAISO Weekly Settlement 129,340.12 06/27/2022 ACH Maher Accountancy Accounting Services 7,500.00 06/27/2022 ACH Richards, Watson & Gershon April 2022 - General Counsel Services 904.50 06/27/2022 ACH Braun Blaising Smith Wynne April 2022 - Professional Services 343.96 06/27/2022 ACH The Bayshore Consulting Group, Inc May 2022 - CEO and Clerk Services 15,462.10 06/27/2022 ACH California Choice Energy Authority March-May 2022 - Reimbursement of legal costs 15,965.83 06/27/2022 ACH Calpine Energy Solutions May 2022 Services 70,701.00 06/27/2022 ACH Hall Energy Law PC May 2022 - Energy Procurement Counsel 1,079.50 06/27/2022 ACH Keyes & Fox LLP May 2022 - Professional Services 3,807.25 06/27/2022 ACH Neyenesch Printers June 2022 - New Move Letter and Envelope 1,864.97 06/27/2022 ACH Pacific Energy Advisors, Inc May 2022 - Technical Consulting 27,603.75 06/27/2022 ACH THE ENERGY AUTHORITY May 2022 - Scheduling Fees 11,700.00 06/27/2022 ACH Tosdal APC May 2022 - Regulatory Services 8,171.00 06/27/2022 ACH Tripepi, Smith & Associates, Inc. May 2022 - Communications and Marketing 9,298.31 06/27/2022 ACH ABBOTT, STRINGHAM & LYNCH May 2022 - Services in regards to CPUC Decision 16,500.00 06/29/2022 ACH USPS June 2022 - Postage Payment - Mailer's Mailing 174.59 06/29/2022 ACH USPS June 2022 - Postage Payment - Mailer's Mailing 119.55 06/30/2022 Wire JPMorgan JP Morgan - June 2022 Interest 50,316.55 06/30/2022 Wire SEMPRA Contractual collateral payment 385,000.00 06/30/2022 Wire THE ENERGY AUTHORITY September 2022- Capacity Sales 69,000.00 06/30/2022 Wire JPMorgan JP Morgan - Q2 Commitment Fee 13,238.63 Total for Operating Account 2,179,365.34
06/23/2022 Lockbox Shell Oil North America 302,092.05
06/23/2022 Lockbox Morgan Stanley Capital Group, Inc. 1,163,411.06 06/23/2022 Lockbox Exelon Generation Company,LLC 790,336.62 Total for Lockbox Account 2,255,839.73
FISCAL IMPACT
There is no fiscal impact associated with these items.
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 3: Consider Scheduling Special Clean Energy Alliance Board Meeting on September 22, 2022, and Canceling the Regular Board Meeting on September 29, 2022
RECOMMENDATION
Schedule a Special Clean Energy Alliance Board meeting on September 22, 2022 and cancel the Regular Board Meeting on September 29, 2022.
BACKGROUND AND DISCUSSION
Pursuant to Government Code Section 54943(e) (Code), Clean Energy Alliance (CEA) has been holding its Board and Community Advisory meetings remotely via video and telephonic means, which requires the Board to make findings pursuant to the Code every 30 days. There are more then 30 days between the August 25, 2022, Regular Board meeting and the September 29, 2022, Regular Board meeting, necessitating the scheduling of a Special Board Meeting prior to September 25, 2022.
Staff recommends scheduling a Special meeting on September 22, 2022, and canceling the September 29, 2022, regular Board meeting.
FISCAL IMPACT
There is no fiscal impact of this action.
ATTACHMENTS
None
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
Johanna Canlas, General Counsel
ITEM 4: Consider Resolution 2022-005 Approving Amended and Restated Amendment No. 1 to the Clean Energy Alliance Joint Powers Agreement
RECOMMENDATION
Adopt Resolution No. 2022-005 approving Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement.
BACKGROUND AND DISCUSSION
At its regular meeting on July 25, 2022, the Clean Energy Alliance (CEA) Board adopted Resolution No. 2022-004 authorizing the cities of Oceanside and Vista to join CEA and directing staff to return on August 25, 2022, with the required Joint Powers Agreement (JPA) Amendment adding the Cities to the Agreement.
Section 9.8 of the JPA allows for written amendments to the JPA to be accomplished by CEA’s Board of Directors in accordance with the Special Voting requirements of Section 4.12. Section 4.12.1(c) establishes the following requirements for the Board to amend the JPA in certain ways, including to add members:
• At least 30 days advance written notice to the Parties shall be provided for such actions. • Such notice shall include a copy of any proposed amendment. • Prompt written notice to all Parties of the action taken and attachment of the adopted amendment, resolution, or agreement.
• Affirmative vote of two-thirds of the entire Board of Directors.
The proposed Amended and Restated Amendment No. 1 to the Clean Energy Alliance (Amendment) was provided to the members on July 25, 2022, and the parties have acknowledged their consent to the Amendment pending Board approval by returning a signed copy.
To ensure all prior actions are properly captured and documented in one place, the proposed Amendment also includes prior actions by the Board including:
August 25, 2022
JPA Amendment
• Adding the Cities of Escondido and San Marcos.
• Revising the terms of the Chair and Vice Chair from fiscal year basis to calendar year basis.
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
Resolution 2022-005 Approving Amended and Restated Amendment No. 1 to the Clean Energy Alliance Joint Powers Agreement
SD #4886-6902-8138 v2
RESOLUTION NO. 2022-005
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE
APPROVING AMENDED AND RESTATED AMENDMENT NO. 1 TO
CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT
THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
WHEREAS, effective November 4, 2019, the Founding Members of Clean Energy Alliance (“CEA”) entered into that certain Clean Energy Alliance Joint Powers Agreement (“Agreement”); and
WHEREAS, on October 27, 2021, through a unanimous vote of its City Council, the City of Escondido adopted Resolution No. 2021-169 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Escondido to join CEA, and introduced Ordinance No. 2021-12 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a Community Choice Aggregation (“CCA”) program within the jurisdiction of the City of Escondido by participating in CEA, under the terms and conditions of the Agreement; and
WHEREAS, on November 17, 2021, the City of Escondido conducted a second reading and adopted Ordinance No. 2021-169 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Escondido by participating in CEA, under the terms and conditions of the Agreement; and WHEREAS, on November 18, 2021, the Board of Directors of CEA authorized the City of Escondido to become a member of CEA pursuant to Section 2.4 of the Agreement; and WHEREAS, on November 9, 2021, through a unanimous vote of its City Council, the City of San Marcos adopted Resolution No. 2021-8950 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of San Marcos to join CEA, and introduced Ordinance No. 2021-1508 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of San Marcos by participating in CEA, under the terms and conditions of the Agreement; and WHEREAS, on November 23, 2021, the City of San Marcos conducted a second reading and adopted Ordinance No. 2021-1508 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of San Marcos by participating in CEA, under the terms and conditions of the Agreement; and Item 4 Attachment
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WHEREAS, on December 17, 2021, the Board of Directors of CEA authorized the City of San Marcos to become a member of CEA pursuant to Section 2.4 of the Agreement; and WHEREAS, on June 8, 2022, through a majority vote of its City Council, the City of Oceanside adopted Resolution No 22-R0372-1 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Oceanside to join CEA, and introduced Ordinance No. 22-OR0396-1 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Oceanside by participating in CEA, under the terms and conditions of the Agreement; and WHEREAS, on June 22, 2022, the City of Oceanside conducted a second reading and adopted Ordinance No. 22-OR0396-1 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Oceanside by participating in CEA, under the terms and conditions of the Agreement; and WHEREAS, on July 28, 2022, the Board of Directors of CEA considered authorization of the City of Oceanside to become a member of CEA pursuant to Section 2.4 of the Agreement; and
WHEREAS, on June 28, 2022, through a unanimous vote of its City Council, the City of Vista adopted Resolution No. 2022-113 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Vista to join CEA, and introduced and adopted Ordinance No. 2022-9 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Vista by participating in CEA, under the terms and conditions of the Agreement; and WHEREAS, on July 28, 2022, the Board of Directors of CEA considered authorization of the City of Vista to become a member of CEA pursuant to Section 2.4 of the Agreement; and WHEREAS, CEA’s Board of Directors approved amendments to the Agreement by Resolution 2021-012 dated September 30, 2021 (which included an Amendment No. 1), Resolution 2021-014 dated November 18, 2021 (approving the City of Escondido as a Member) and Resolution 2021-015 dated December 17, 2021 (approving the City of San Marcos as a Member) (collectively, “Previous Amendments”); and
WHEREAS, the Board wishes to amend the Agreement on the terms set forth in the Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement (hereinafter “Amendment”) attached hereto Exhibit A and fully incorporated herein by this reference and to document, ratify, restate, and amend the Previous Amendments and the addition of new members to CEA; and
WHEREAS, on July 25, 2022, the form of the Amendment was circulated to CEA’s members for signature and all members have signed and returned the Amendment to CEA for CEA Board of Directors approval at its August 25, 2022, meeting; and SD #4886-6902-8138 v2
WHEREAS, Section 9.8 of the Agreement allows for written amendments to the Agreement to be accomplished by CEA’s Board of Directors by at least a two-thirds affirmative vote of the entire Board of Directors in accordance with the Special Voting requirements of Section 4.12, which were accomplished.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES HEREBY RESOLVE AS FOLLOWS:
1. The above recitals are true and correct.
2. CEA’s Board of Directors hereby approves the Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement (hereinafter “Amendment”) attached hereto Exhibit A and fully incorporated herein by this reference.
3. Staff is authorized and directed to file the Amendment and such notices as are required by applicable law in the time frames required by law.
4. Staff is further authorized and directed to take such other and further actions as are necessary and proper to accomplish the purposes of this Resolution.
The foregoing Resolution was passed and adopted this 25th day of August 2022, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
Kristi Becker, Chair
ATTEST:
Susan Caputo, Interim Board Secretary
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EXHIBIT A
[Attach Amended and Restated Amendment No. 1 to
the Clean Energy Alliance Joint Powers Agreement]
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AMENDED AND RESTATED
AMENDMENT NO. 1 TO
CLEAN ENERGY ALLIANCE
JOINT POWERS AGREEMENT
This Amended and Restated Amendment No. 1 to Clean Energy Alliance Joint Powers Agreement (hereinafter “Amendment”), is entered into by and between the Parties listed on Exhibit B hereto effective August 25, 2022, and is made in reference to the following facts:
A. Effective November 4, 2019, the Founding Members of Clean Energy Alliance (“CEA”) entered into that certain Clean Energy Alliance Joint Powers Agreement (“Agreement”).
B. On October 27, 2021, through a unanimous vote of its City Council, the City of Escondido adopted Resolution No. 2021-169 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Escondido to join CEA, and introduced Ordinance No. 2021-12 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a Community Choice Aggregation (“CCA”) program within the jurisdiction of the City of Escondido by participating in CEA, under the terms and conditions of the Agreement.
C. On November 17, 2021, the City of Escondido conducted a second reading and adopted Ordinance No. 2021-169 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Escondido by participating in CEA, under the terms and conditions of the Agreement.
D. On November 18, 2021, the Board of Directors of CEA authorized the City of Escondido to become a member of CEA pursuant to Section 2.4 of the Agreement.
E. On November 9, 2021, through a unanimous vote of its City Council, the City of San Marcos adopted Resolution No. 2021-8950 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of San Marcos to join CEA, and introduced Ordinance No. 2021-1508 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a Community Choice Aggregation (“CCA”) program within the jurisdiction of the City of San Marcos by participating in CEA, under the terms and conditions of the Agreement.
F. On November 23, 2021, the City of San Marcos conducted a second reading and adopted Ordinance No. 2021-1508 ordaining the City Council’s decision, pursuant Resolution 2022-005 Exhibit A
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to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of San Marcos by participating in CEA, under the terms and conditions of the Agreement.
G. On December 17, 2021, the Board of Directors of CEA authorized the City of San Marcos to become a member of CEA pursuant to Section 2.4 of the Agreement.
H. On June 8, 2022, through a majority vote of its City Council, the City of Oceanside adopted Resolution No 22-R0372-1 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Oceanside to join CEA, and introduced Ordinance No. 22-OR0396-1 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a Community Choice Aggregation (“CCA”) program within the jurisdiction of the City of Oceanside by participating in CEA, under the terms and conditions of the Agreement.
I. On June 22, 2022, the City of Oceanside conducted a second reading and adopted Ordinance No. 22-OR0396-1 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of Oceanside by participating in CEA, under the terms and conditions of the Agreement.
J. On July 28, 2022, the Board of Directors of CEA considered authorization of the City of Oceanside to become a member of CEA pursuant to Section 2.4 of the Agreement.
K. On June 28, 2022, through a unanimous vote of its City Council, the City of Vista adopted Resolution No. 2022-113 authorizing the execution of the Agreement and authorizing staff to take other actions necessary for the City of Vista to join CEA, and introduced and adopted Ordinance No. 2022-9 ordaining the City Council’s decision, pursuant to Public Utilities Code Section 366.2 to implement a Community Choice Aggregation (“CCA”) program within the jurisdiction of the City of Vista by participating in CEA, under the terms and conditions of the Agreement.
L. On July 28, 2022, the Board of Directors of CEA considered authorization of the City of Vista to become a member of CEA pursuant to Section 2.4 of the Agreement.
M. CEA’s Board of Directors approved amendments to the Agreement by Resolution 2021-012 dated September 30, 2021 (which included an Amendment No. 1), Resolution 2021-014 dated November 18, 2021 (approving the City of Escondido as a Member) and Resolution 2021-015 dated December 17, 2021 (approving the City of San Marcos as a Member) (collectively, “Previous Amendments”).
N. The Parties wish to amend the Agreement on the terms set forth below and to document, ratify, restate, and amend Previous Amendments and the addition of new members to CEA.
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O. On July 25, 2022, the form of this amendment was circulated to CEA’s members for signature and return to CEA for CEA Board of Directors approval at its August 25, 2022, meeting.
NOW, THEREFORE, in consideration of their mutual promises as herein set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree to amend the Agreement as follows:
1. The above recitals are true and correct.
2. The word “Founding” is hereby stricken from the first paragraph of the Agreement and from Section 1.2.
3. Exhibit B (List of Founding Members) to the Agreement shall be deleted in its entirety and replaced with the Exhibit B (List of Members) attached to this Amendment as Exhibit B, which is fully incorporated herein by this reference.
4. The first sentence of Section 5.1 Elected and Appointed Officers of the Agreement is hereby amended to read as follows:
“For each calendar year, the Board shall elect a Chair and Vice Chair from among the Directors and for each fiscal year shall appoint a Secretary and a Treasurer as provided in Government Code Section 6505.5.”
5. The first sentence of Section 5.2 Chair and Vice Chair of the Agreement is hereby amended to read as follows:
“For each calendar year, the Board shall elect a Chair and Vice Chair from among the Directors.”
6. This Amendment may be executed electronically and in counterparts, which together shall be, for all purposes, the same as one original agreement.
7. The terms set forth in this Amendment shall have the meanings ascribed to them in the Agreement for all purposes unless the context clearly indicates some other meaning.
8. This Amendment amends and restates the Previous Amendments to the Agreement.
9. Except as otherwise provided in this Amendment, each and every provision, term and condition contained in the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment effective as of the date first indicated above.
[SIGNATURES ON FOLLOWING PAGES]
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MEMBER:
CITY OF _________________
By:
City Manager
Date:
APPROVAL AS TO FORM:
By:
City Attorney Date
ATTEST:
By:
City Clerk Date
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EXHIBIT B: List of Members
Founding Members (public agencies becoming a member by October 1, 2020) City of Carlsbad
City of Del Mar
City of Solana Beach
Members becoming a member after October 1, 2020
City of Escondido (effective November 18, 2021)
City of San Marcos (effective December 17, 2021)
City of Oceanside (effective July 28, 2022)
City of Vista (effective July 28, 2022)
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 5: Consider Ratifying San Diego Gas and Electric Confirmation for the Long-Term Voluntary Allocation of Renewable Energy Credits
RECOMMENDATION
Ratify San Diego Gas and Electric Confirmation for the Long-Term Voluntary Allocation of Renewable Energy Credits, for a minimum delivery period of ten-years and Green Attribute Price based on the Forecast Adder for Renewable Portfolio Standards (in $/MWh) for the applicable calendar year.
BACKGROUND AND DISCUSSION
California Public Utilities Commission (CPUC) Decision 21-05-030 requires San Diego Gas & Electric (SDG&E) to offer voluntary allocations of its Renewables Portfolio Standards resources to Community Choice Aggregators and Energy Service Providers that are serving SDG&E’s departed customers.
Voluntary Allocation deliveries of renewable energy are expected to begin January 1, 2023.
At its regular Board meeting June 30, 2022, the Clean Energy Alliance (CEA) Board authorized the Board Chair and Chief Executive Officer to execute the agreement with SDG&E for Renewable Energy through the Voluntary Allocation (VA) process and directed staff to return the agreement (known as the Confirmation) for ratification.
The benefits to CEA of participation in the VA process are that the contracts come from the Power Charge Indifference Adjustment (PCIA) portfolios, resulting in fewer contracts being recovered through the PCIA charged to CEA customers and access to long-term renewable resources at market costs.
The confirmation was negotiated by CEA’s transactions attorney and reflects terms that are acceptable to CEA. SDG&E will be filing the confirmation with the California Public Utilities Commission through a Tier 1 Advice Letter.
In order to protect market sensitive information, the redacted version of the confirmation is provided as an attachment.
FISCAL IMPACT
The costs related to the procurement have been accounted for in CEA’s pro forma.
ATTACHMENTS
Redacted EEI Agreement Confirmation for the Long-Term Allocation of Renewable Energy Credits Between San Diego Gas & Electric and Clean Energy Alliance.
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EEI AGREEMENT
CONFIRMATION FOR THE LONG-TERM
ALLOCATION OF RENEWABLE ENERGY CREDITS
BETWEEN
SAN DIEGO GAS & ELECTRIC COMPANY
AND
CLEAN ENERGY ALLIANCE
This confirmation letter ("Confirmation") confirms the allocation of Renewable Portfolio Standard (“RPS”) Energy as mandated pursuant to Decision (D.)21-05-030 (“Transaction”) between San Diego Gas & Electric Company (“Seller”) and Clean Energy Alliance, a California joint powers authority (“Buyer”) , each individually a "Party" and together the "Parties", effective as of August 3, 2022 (the "Confirmation Effective Date"). This Transaction is governed by the EEI Master Agreement entered into by the Parties, effective as of December 20, 2021, along with any amendments and annexes executed between the Parties thereto (the "Master Agreement”). The Master Agreement and this Confirmation shall be collectively referred to herein as the “Agreement.” Capitalized terms used but not otherwise defined in this Confirmation have the meanings ascribed to them in the Master Agreement, Tariff or RPS (as defined below). If any term in this Confirmation conflicts with the Master Agreement, the definitions set forth in this Confirmation shall supersede.
CONTACT INFORMATION
Contact
Information:
Name: Clean Energy Alliance (“Buyer”
or “Party B”)
Name: San Diego Gas & Electric
Company (“Seller” or “Party A”)
All Notices:
Clean Energy Alliance
Address:
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attn: Barbara Boswell, CEO
Phone: (661) 510-0425
Email:
[email protected]
Duns: 117585162
Federal Tax ID Number: 84-3839142
All Notices:
San Diego Gas & Electric Company
8315 Century Park Court, CP21D
San Diego, CA 92123
Attn: Electric & Fuel Procurement
Contract Administration
Phone: (858) 650-5536
Facsimile: (858) 650-6190
Duns: 006911457
Federal Tax ID Number: 95-1184800
Invoices:
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attn: Marie Berkuti, Interim Treasurer
Phone: (619)
Email:
[email protected]
Invoices:
San Diego Gas & Electric Company
8315 Century Park Court, CP 21D
San Diego, California 92123-1593
Attn: Energy Accounting Manager
Phone: (858) 650-6177
Facsimile: (858) 650-6190
Wire Transfer:
BNK: River City Bank
ABA:
ACCT:
Wire Transfer:
BNK: Union Bank of California
for: San Diego Gas & Electric Company
ABA: Routing #
ACCT: #
Confirmation: SDG&E, Major Markets
FAX: (858) 650-6190
Email: [email protected]
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Credit and Collections:
1200 Carlsbad Village Dr.
Carlsbad, CA 92008
Attn: Marie Berkuti, Interim Treasurer
Phone: (619)
Email:
[email protected]
Credit and Collections:
San Diego Gas & Electric Company,
Major Markets
8315 Century Park Court, CP21C
San Diego, CA 92123-1593
Attn: Energy Risk Manager
Telephone: (858) 654-6484
Facsimile: (858) 650-6190
Defaults:
With additional Notices of an Event of
Default or Potential Event of Default to:
Hall Energy Law PC
3 Monroe Pkwy Ste. P 406
Lake Oswego, OR 97035
Attn: Stephen Hall
Phone: (503) 313-0755
Email: [email protected]
Defaults:
With additional Notices of an Event of
Default or Potential Event of Default to:
San Diego Gas & Electric Company
8330 Century Park Court
San Diego, California 92123
Attn: General Counsel
Phone: (858) 650-6141
Facsimile: (858) 650-6106
ARTICLE 1. COMMERCIAL TERMS
The Parties hereby agree that the General Terms and Conditions are incorporated herein, and to the following provisions as provided for in the General Terms and Conditions:
Product:
The “Product” is Green Attributes generated from the Project.
During the Delivery Period, Seller shall allocate and deliver, and Buyer shall pay for and receive, the Allocation Quantity of this Product, subject to the terms and conditions of this Confirmation. Seller shall not substitute or purchase any Green Attributes from any generating resource other than the Project for delivery hereunder.
Project:
All Product allocated from Seller to Buyer hereunder shall be from one or more of the facilities listed in Exhibit A, each meeting the requirement of 6.1(a) and with Long-Term Contracts (the “Project”).
Seller may add a facility to, or remove a facility from, the list of facilities in Exhibit A from time to time by giving Buyer fifteen (15) Business Days prior written notice of any change. Seller may remove a facility from Exhibit A for the following reasons: (i) if Party A’s power purchase agreement corresponding to the facility has been modified, terminated, or assigned to a third party, (ii) if the facility is no longer in Party A’s PCIA-eligible portfolio due to an order or direction from a Governmental Authority, or (iii) if the facility is owned by Seller but ceases operation for Party A. Seller shall retain the sole and absolute discretion to modify, amend, enforce, administer, assign or terminate its power purchase agreements with the facilities listed in Exhibit A during the Delivery Period. Buyer shall not have any right to or discretion to request changes to the list of facilities in Exhibit A during the Delivery Period.
Contract
Capacity:
In any hour throughout the Delivery Term, the “Contract Capacity” shall be, in MW, as determined by Seller in accordance with the Contract Quantity section of this Confirmation.
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Allocation
Quantity:
Commencing on the Allocation Start Date and continuing through the remainder of the Delivery Period, the quantity to be delivered in any calendar year, or pro rata portion of a calendar year, shall be the Allocation Quantity, as defined below unless excused pursuant to the Delivery Obligation section below. Seller in its sole discretion shall determine the hourly Contract Quantity during the Delivery Period.
“Allocation Quantity” means the quantity of Product to be delivered from the Project during the applicable calendar year in an amount equal to the product of:
(i) one hundred percent (100%), which is Party B’s long-term Voluntary Allocation election of Party A’s PCIA-eligible RPS Energy Portfolio; times (ii) the proportion of Party B’s vintaged, forecasted annual load to the forecasted annual load in Party A’s service territory, as both amounts are determined in Party A’s annual RPS Plan and approved by the CPUC; times (iii) the quantity of generation from the Project within Party A’s PCIA-eligible RPS Energy Portfolio from Long Term Contracts.
Green
Attributes
Price:
The Green Attributes Price applicable to the Product delivered to Buyer in each calendar year during the Delivery Term shall be the then-applicable Forecast Adder for RPS (in $/MWh) for deliveries for the applicable calendar year, subject to the true-up set forth in Section 5.4 of this Confirmation.
Term:
The “Term” of this Transaction shall commence upon the Confirmation Effective Date and shall continue until the end of the Delivery Period Seller Buyer and all other obligations of the Parties under this Agreement have been satisfied, unless terminated earlier due to failure to satisfy the Condition Precedent or as otherwise provided for in the Agreement.
Delivery
Period:
The “Delivery Period” of this Transaction shall commence on the later of (i) January 1, 2023 and (ii) the first day of the month following the month in which the Condition Precedent Satisfaction Date occurs (the “Start Date”), and shall continue until the date Seller no longer receives Product from any of the contracts in the Project, as such contracts are listed in Appendix A, unless this Agreement is terminated earlier in accordance with the terms of this Agreement. For purposes of this Confirmation, the “Delivery Period” shall be the duration upon which the Product is delivered.
Delivery Point: Party B’s WREGIS Account
Delivery
Obligation:
The obligation to provide the Allocation Quantity is a firm obligation in that Seller shall deliver the quantity of the Product from the Project, instantaneously with its receipt of such Product, consistent with the terms of this Confirmation without excuse other than Force Majeure. If a failure by Seller to deliver the quantity from the Project is not excused by Force Majeure, Seller shall make up such failure in accordance with the “Allocation Quantity” Section.
WREGIS
Delivery:
Buyer hereby authorizes Party A, or its third-party designee, to deliver the Product, or cause the Product to be delivered, into Party B’s WREGIS account in the quantity(ies) and timeline(s) set forth in the “Allocation Quantity” Section.
Condition
Precedent:
The commencement of the Delivery Period in accordance with Article 3 below shall be contingent upon Seller satisfying or waiving CPUC approval as described in Section 4.2 of this Confirmation. Either Party has the right to terminate this Confirmation upon notice in accordance with Section 10.7 of the Master Agreement, which will be effective five (5) Business Days after such DocuSign Envelope ID: 3ECDA143-978F-4BF0-8197-86279781AA34 Execution Version
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notice is given, if: (i) the CPUC does not issue a final and non-appealable order approving this Agreement or the requested relief contained in the related advice letter filing, both in their entirety, (ii) the CPUC issues a final and non-appealable order which contains conditions or modifications unacceptable to either Party, or (iii) the final and non-appealable CPUC approval has not been obtained by Party A, on or before December 31, 2022. Any termination made by a Party under this section shall be without liability or obligation to the other Party.
The date on which CPUC approval of this Confirmation has been satisfied or waived, by Party A, in its sole discretion, shall hereinafter be the “Condition Precedent Satisfaction Date.”
Notwithstanding any other provision in this Confirmation, Seller will have no obligation to transfer Green Attributes to Buyer unless the Condition Precedent Satisfaction Date has occurred.
ARTICLE 2. DEFINITIONS
“Allocation Quantity” has the meaning set forth above in the Allocation Quantity section of this Confirmation.
“Alternate Monthly REC Market Price” shall be the Platts California Bundled REC (Bucket 1) Midpoint Price (in $/MWh) published in the last week of the month prior to the applicable month that the Product is delivered.
“Annual True-Up” has the meaning set forth in Section 5.4(a), below. “Party A” means “Seller”.
“Party B” means “Buyer” or “Purchaser”.
“CAISO” means the California Independent System Operator. “CAISO Energy” means “Energy” as defined in the Tariff. “Calculation Period” has the meaning set forth in Section 5.1, below. “California Renewables Portfolio Standard” or “RPS” means the renewable energy program and policies established by California State Senate Bills 1078, X1 - 2 and 350, codified in California Public Utilities Code Sections 399.11 through 399.32 and California Public Resources Code Sections 25740 through 25751, as such provisions are amended or supplemented from time to time. “Condition Precedent Satisfaction Date” means the date on which CPUC approval, as fully described in the “Condition Precedent” provision, has been satisfied or waived, by Party A, in its sole discretion. “Contract Capacity” means the amount determined by Seller in accordance with the Scheduling Obligations section of this Confirmation.
“CEC” means the California Energy Commission, or its regulatory successor. "CPUC" means the California Public Utilities Commission or its regulatory successor. “Delivery Period” means “Delivery Term”.
“Final Adder for RPS” means the PCIA Market Price Benchmark Final Adder, established by the CPUC, as published in the Calculation of the Market Price Benchmarks for the Power Charge Indifference Adjustment Forecast and True Up, and originally implemented by D.19-10-001. “Forecast Adder for RPS” means the PCIA Market Price Benchmark Forecast Adder for RPS, established by the CPUC, as published in the Calculation of the Market Price Benchmarks for the Power Charge Indifference Adjustment Forecast and True Up, and originally implemented by D.19-10-001.
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“Governmental Authority” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, having jurisdiction as to the matter in question. "Green Attributes" means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as:
(i) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (ii) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere;1 (iii) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights.
Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy.
Green Attributes do not include;
(i) any energy, capacity, reliability or other power attributes from the Project, (ii) production tax credits associated with the construction or operation of the Project and other financial incentives in the form of credits, reductions, or allowances associated with the Project that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permits.
If the Project is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Buyer with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Project. [STC 2 – GREEN ATTRIBUTES, NON-MODIFIABLE]
“Long-Term Contract” means any RPS power purchase and sale agreement (i) pursuant to which Seller purchases renewable energy from a third party generator, (ii) which has at least ten (10) years remaining in its original delivery term as of the Start Date or, for facilities added to Exhibit A after the Start Date, as of the date when its generation facilities are added to Exhibit A from which Seller shall allocate Product to Buyer under this Agreement, and (iii) which otherwise meets Party A’s representations and warranties set forth in Article 6 of this Agreement. “Market Disruption Event” has the meaning set forth is Section 5.5. “Monthly Cash Settlement Amount” has the meaning set forth in Section 5.2, below. “Monthly REC Market Price” has the meaning set forth above in the in the Green Attributes Price. 1 Avoided emissions may or may not have any value for GHG compliance purposes. Although avoided emissions are included in the list of Green Attributes, this inclusion does not create any right to use those avoided emissions to comply with any GHG regulatory program.
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“PCIA” means the Power Charge Indifference Adjustment in D.18-10-019 and subsequent decisions. “PCIA-eligible RPS Energy Portfolio” means the portion of Party A’s energy supply portfolio determined to be eligible for allocation pursuant to the final and non-appealable CPUC D.21-05-030 or other Governmental Authority action.
“Tariff” means the tariff and protocol provisions, including any current CAISO-published “Operating Procedures” and “Business Practice Manuals,” as amended or supplemented from time to time, of the CAISO.
“True-Up Payment” has the meaning set forth in Section 5.4(a), below. “Vintage” means the calendar year and month during the Delivery Period in which the WREGIS Certificate is created through the generation of the Product. “WREGIS” means the Western Renewable Energy Generation Information System or other process recognized under applicable laws for the registration, transfer or ownership of Green Attributes. “WREGIS Certificate” means “Certificate” as defined by WREGIS in the WREGIS Operating Rules. “WREGIS Operating Rules” means the operating rules and requirements adopted by WREGIS.
ARTICLE 3. CONVEYANCE OF RENEWABLE ENERGY
3.1. Conveyance of Green Attributes
Except as stated in this Section 3.1, Seller shall deliver and sell, and Buyer shall purchase and receive, the Product, subject to the terms and conditions of this Confirmation. Seller will not be obligated to sell or replace any Product that is not or cannot be delivered as a result of Force Majeure.
Should any Green Attributes provided by Seller under this Confirmation be determined to have originated from a resource other than the Project, Seller shall remedy such failure in a manner reasonably acceptable to Buyer within a reasonable period of time after written notice of such failure is given to the Seller by the Buyer.
3.2. WREGIS Transfers
The Green Attributes are delivered and conveyed upon completion of all actions described in Section
3.2(b) below.
(a) During the Delivery Period, Party A, at its own cost and expense, shall maintain its registration with WREGIS. All Green Attributes transferred by Seller hereunder shall be designated California RPS-compliant with WREGIS. Seller shall, at its sole expense, use WREGIS as required pursuant to the WREGIS Operating Rules to effectuate the transfer of Green Attributes to Buyer in accordance with WREGIS reporting protocols and WREGIS Operating Rules. (b) For each applicable month of the Delivery Period, Seller shall deliver and convey the Allocation Quantity of Green Attributes, rounded down to the nearest whole number, within five (5) Business Days after the later of (i) the end of the month in which the WREGIS Certificates for the Green Attributes are created and (ii) the date in which Seller receives payment pursuant to Section 5.3 below for the invoice for the applicable Calculation Period to which the Monthly Cash Settlement Amount pertains, by properly transferring such WREGIS Certificates, in accordance with the rules and regulations of WREGIS, equivalent to the quantity of Green Attributes to Buyer into Party B’s WREGIS account such that all right, title and interest in and to the WREGIS Certificates shall transfer from Seller to Buyer.
(c) In addition to its other obligations under this Section 3.2, Seller shall convey to Buyer WREGIS Certificates from the Project that are of the same Vintage as the Product that was provided under Section 3.1 of this Confirmation.
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ARTICLE 4. PERFORMANCE ASSURANCE; CPUC FILING AND APPROVAL
4.1. Performance Assurance
Notwithstanding anything in the Master Agreement to the contrary, neither Party shall be required to post Performance Assurance, collateral or other security for this Transaction.
4.2. CPUC Filing and Approval
Within sixty (60) days after the Confirmation Effective Date, Seller shall file with the CPUC the appropriate request for CPUC approval of this Agreement and possibly other RPS sales agreements.
Seller shall seek CPUC approval of the filing, including promptly responding to any requests for information related to the request for CPUC approval. Buyer shall use commercially reasonable efforts to support Seller in obtaining CPUC approval. Seller and Buyer have no obligation to seek rehearing or to appeal a CPUC decision which fails to approve this Agreement, or which fails to meet the requirements contained in the Condition Precedent section. Notwithstanding anything to the contrary in the Confirmation, Seller shall not have any obligation or liability to Buyer or any third party for any action or inaction of the CPUC or other Governmental Authority affecting the approval or status of this Confirmation as a transaction eligible for portfolio content category, as defined in California Public Utilities Code Section 399.16(b)(1).
ARTICLE 5. COMPENSATION
5.1. Calculation Period
The “Calculation Period” shall be each calendar month, or portion thereof, during the Delivery Period.
5.2. Monthly Cash Settlement Amount
Buyer shall pay Seller the “Monthly Cash Settlement Amount,” in arrears, for each Calculation Period in the amount equal to the Green Attributes Price multiplied by the Allocation Quantity (in MWhs) to be delivered or credited to Party B’s WREGIS account pursuant to Section 3.2 for the applicable Calculation Period.
5.3. Payment Date
Notwithstanding any provision to the contrary in Article 6 of the Master Agreement, payments of each Monthly Cash Settlement Amount by Buyer to Seller under this Confirmation shall be made in arrears and due and payable on or before the later of (i) the twentieth (20th) day of the month in which Buyer receives from Seller an invoice for the Calculation Period to which the Monthly Cash Settlement Amount pertains, and (ii) ten (10) Business Days following Party B’s receipt of an invoice issued by Seller for the applicable Calculation Period, provided that, if such day is not a Business Day, then on the next Business Day. The invoice shall include a statement detailing the quantity of Product to be delivered to Buyer for the applicable Calculation Period from each generating facility in the Project. Parties acknowledge that, due to the timing of their creation in WREGIS, Green Attributes may not have been delivered to Buyer at the time of invoice or payment for the Calculation Period with which they are associated.
Invoices to Buyer will be sent by Excel/PDF format via email to Party B’s Invoice Contact set forth above in Contact Information, and for purposes of this Confirmation, Buyer shall be deemed to have received an invoice upon the receipt of the Excel/PDF format of the invoice. Payment to Seller shall be made DocuSign Envelope ID: 3ECDA143-978F-4BF0-8197-86279781AA34 Execution Version
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by electronic funds transfer pursuant to the Wire Transfer instructions set forth above in Contract Information.
5.4. Annual True-Up
(a) Monthly Cash Settlement Amount Annual True-Up. Seller shall calculate a true-up (“Annual True-Up”) for each Calculation Period in which the Forecast Adder for RPS was used to calculate the Monthly Cash Settlement Amount as an amount equal to (i) the Forecast Adder for RPS less the Final Adder for RPS, multiplied by (ii) the quantity of Product (in MWhs) that Seller delivered to Buyer and for which Seller has already issued an invoice to Buyer (the “True-Up Payment”). If the True-Up Payment is a positive amount, such amount is owed by Seller to Party B, and if the True-Up Payment is a negative amount, such amount is owed by Buyer to Party A. (b) True-up Invoices and Payments. Within thirty (30) Business Days after the Final Adder for RPS is issued in each calendar year, Seller shall issue an invoice to Buyer for amounts owed by, or due to, Party A, as applicable, resulting from the Annual True-Up. Payment for the Annual true-up shall be due and payable by the owing party on or before the later of (i) the twentieth (20th) day of the month in which Seller issues a True-Up Payment invoice and (ii) ten (10) Business Days following Party B’s receipt of the invoice issued by Seller for the True-Up Payment, provided that, if such day is not a Business Day, then on the next Business Day.
5.5. Market Disruption
(a) For purposes of this Transaction, Section 10.16(a) of the Master Agreement is deleted in its entirety and replaced with the following:
“If a Market Disruption Event occurs and is continuing during a Calculation Period, the applicable Floating Price for the affected hours shall be determined by reference to the applicable Floating Price for the first Trading Day thereafter on which no Market Disruption Event exists; provided, however, if the applicable Floating Price is not so determined within three (3) Business Days after the first Trading Day on which the Market Disruption Event occurred or existed, then the Parties agree that the applicable Floating Price for the duration of the Market Disruption Event shall be, with respect to a Market Disruption Event to the Green Attributes Price, the Alternate Monthly REC Market Price. Notwithstanding the foregoing and subject to time limitations set forth in Section 10.16(c) below, if the Parties have determined the applicable Floating Price pursuant to this Section 10.16(a) and at a later date the responsible Price Source announces or publishes the relevant Floating Price, then such Floating Price shall be treated as a corrected price pursuant to Section 10.16(c) below.” (b) For purposes of this Transaction, Section 10.16(b) of the Master Agreement shall be amended by deleting the definition for “Floating Price” in its entirety and replacing it with the following:
““Floating Price” means the Price Source upon which the Green Attributes Price is based.” ARTICLE 6. PARTY A’S REPRESENTATIONS, WARRANTIES AND COVENANTS (a) Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement that:
(i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource ("ERR") as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and
(ii) the Project's output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has DocuSign Envelope ID: 3ECDA143-978F-4BF0-8197-86279781AA34 Execution Version
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used commercially reasonable efforts to comply with such change in law. [STC 6, NON-MODIFIABLE]
(b) Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law. [STC REC-1, NON-MODIFIABLE] (c) Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under the contract. [STC REC-2, NON-MODIFIABLE] (d) For the avoidance of doubt, the term “contract” as used in the immediately preceding paragraph means this Confirmation.
(e) The term “commercially reasonable efforts” as set forth in this Article 6 shall not require Seller to incur out-of-pocket expenses in excess of twenty-five thousand dollars ($25,000) in the aggregate in any one calendar year between the Confirmation Effective Date and the last day of the Delivery Period.
(f) In addition to the foregoing, Seller warrants, represents and covenants, as of the Confirmation Effective Date and throughout the Delivery Period, that:
(i) Seller has the contractual rights to sell all right, title, and interest in the Product agreed to be delivered hereunder;
(ii) Seller has not sold the Product to be delivered under this Confirmation to any other person or entity; and
(iii) At the time of delivery, all rights, title, and interest in the Product to be delivered under this Confirmation are free and clear of all liens, taxes, claims, security interests, or other encumbrances of any kind whatsoever.
ARTICLE 7. GENERAL PROVISIONS
7.1. Facility Identification
Upon Party B’s reasonable request, within ten (10) Business Days after the end of each month during the Delivery Period, Seller shall provide indicative identification, based on preliminary meter data, of the facility(ies) that the Product was delivered from for that month.
7.2. Audit
Buyer may, at its sole expense and during normal working hours, examine the records of Seller to the extent reasonably necessary to verify the accuracy of any statement or charge, including aggregated amounts of Delivered Energy or Scheduled Energy; however such audit rights will not apply to the output or other confidential or proprietary information of individual generation facilities.
7.3. Reserved
7.4. Reserved
7.5. Reserved
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7.6. Reserved
7.7. Terminated Transaction
(a) For purposes of this Transaction, the definition of “Losses” in Section 1.28 of the Master Agreement is modified by adding to the end thereof:
“Notwithstanding the foregoing, each Party’s economic loss shall be determined using the then current Index Price plus the then current Green Attributes Price, so the Non-Defaulting Party’s Losses shall be deemed to be zero (0); provided, however, that if Seller is the Defaulting Party, Seller shall be obligated to disgorge to Buyer any profits obtained from the resale of the Allocation Quantity, unless resale is required under applicable law.” (b) For purposes of this Transaction, Section 5.2 of the Master Agreement shall be modified to delete the following sentence: “The Gains and Losses for each Terminated Transaction shall be determined by calculating the amount that would be incurred or realized to replace or to provide the economic equivalent of the remaining payments or deliveries in respect of that Terminated Transaction.”
7.8. Counterparts
This Confirmation may be signed in any number of counterparts with the same effect as if the signatures to the counterparts were upon a single instrument. The Parties may rely on electronic or scanned signatures as originals under this Confirmation. Delivery of an executed signature page of this Confirmation by electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page.
7.9. Entire Agreement; No Oral Agreements or Modifications This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Transaction may be confirmed only through a written agreement executed by both Parties, and no amendment or modification to this Transaction shall be enforceable except through a written agreement executed by both Parties. [Signatures appear on the following page.]
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ACKNOWLEDGED AND AGREED TO AS OF THE CONFIRMATION EFFECTIVE DATE:
SAN DIEGO GAS & ELECTRIC COMPANY CLEAN ENERGY ALLIANCE
BY: BY:
NAME: Estela de Llanos NAME: Barbara Boswell
TITLE: Vice President – Energy TITLE: Chief Executive Officer Procurement & Sustainability
APPROVED AS TO LEGAL FORM
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EXHIBIT A
TO THE CONFIRMATION BETWEEN CLEAN ENERGY ALLIANCE
AND SAN DIEGO GAS & ELECTRIC COMPANY
CHART EFFECTIVE AS OF: JULY 29, 2022, AND SUBJECT TO CHANGE.
PROVIDED FOR ILLUSTRATION PURPOSES ONLY.
PROJECT FACILITY(IES) – LONG TERM CONTRACTS
Name of
Facility
TECH-NOLOGYDATE
SIGNED
START
DATE
LONG
TERM
(Y/N)
RESOURCE ID CEC
RPS ID
WREGIS
GU ID
EIA ID LOCATION
RIM ROCK WIND 05/05/09 10/15/13 Y N/A MT
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 6: Consider Adopting Resolution No. 2022-006 Attesting to the Veracity of the 2021 Power Source Disclosure Reports and Power Content Label Addressing the Clean Impact, Clean Impact Plus and Green Impact Power Retail Electric Service Offerings
RECOMMENDATION
Adopt Resolution No. 2022-006 attesting to the veracity of the 2021 Power Source Disclosure Reports and Power Content Label Addressing the Clean Impact, Clean Impact Plus and Green Impact Retail Electric Service Offerings.
BACKGROUND AND DISCUSSION
As a public agency providing electric services in the state of California, Clean Energy Alliance (CEA) must comply with California’s Power Source Disclosure Program, as administered by the California Energy Commission, pursuant to California Code of Regulations Sections 1391 to 1394 (Regulation) which set forth the requirements for annual power source reporting and Power Content Label preparation.
The 2021 Annual Power Source Disclosure Reports (PSD) (Attachment A, Exhibits A - C) are backward-looking and report the sources of power procured by CEA on behalf of its customers during calendar year 2021. Separate reports are prepared for each of CEA’s three retail electric service offerings: Clean Impact, Clean Impact Plus, and Green Impact.
The Regulation also requires that CEA prepare an annual Power Content Label (PCL), which will be mailed to CEA’s customers by October 1 of each year. The 2021 PCL (Attachment A, Exhibit D) is similar to a typical nutritional label, providing customers with information related to the power sources that were procured by CEA to meet their energy requirements as well as the greenhouse gas emissions intensity associated with each retail service offering. Each of CEA’s three retail service offerings are addressed in the PCL as well as California’s overall power mix, which is presented for the sake of comparison.
Section 1394.2, Subdivision (a)(1) of the Regulation addresses an independent audit requirement which is only applicable to Investor-Owned Utilities and Energy Service Providers, but not public agencies, which include Community Choice Aggregation programs.
An exception to the audit requirement is specified in Section 1394.2, Subdivision (a)(2) which states:
August 25, 2022
PSD & PCL Attestation
A retail supplier that is a public agency providing electric services is not required to comply with the provisions of subdivision (a)(1) if the board of directors of the public agency submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the previous year.
The 2021 PSD reports and related 2021 PCL have been prepared in compliance with the Regulation and accurately reflects electric supply procured by CEA during 2021.
FISCAL IMPACT
The costs related to mailing the 2021 PCL have been included in the adopted Fiscal Year 2022/23 budget.
ATTACHMENTS
Attachment A Resolution No. 2022-006 Attesting to the Veracity of the 2021 Power Source Disclosure Reports and Power Content Label Addressing the Clean Impact, Clean Impact Plus and Green Impact Retail Electric Service Offerings.
1 CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2022-006
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE
ATTESTING TO THE VERACITY OF THE 2021 POWER SOURCE
DISCLOSURE REPORTS AND 2021 POWER CONTENT LABEL ADDRESSING
THE CLEAN IMPACT, CLEAN IMPACT PLUS AND GREEN IMPACT RETAIL
ELECTRIC SERVICE OFFERINGS
WHEREAS, the Clean Energy Alliance (CEA) is a joint powers agency, formed in November 2019; and
WHEREAS, as a Load Serving Entity, CEA must comply with the annual Power Source Disclosure Reporting and Power Content Label requirements as established by the California Energy Commission Power Source Disclosure Program, pursuant to California Code of Regulations, title 20, Sections 1391 to 1394 (Regulations); and WHEREAS, the CEA 2021 Power Source Disclosure Reports of CEA’s three power supply products, Clean Impact, Clean Impact Plus and Green Impact (Exhibits A – C) have been prepared in compliance with the CEC Power Source Disclosure Regulations; and WHEREAS, the CEA 2021 Power Content Label (Exhibit D) of CEA’s three power supply products, Clean Impact, Clean Impact Plus and Green Impact have been prepared in compliance with CEA’s Power Content Label Regulations; and
WHEREAS, the CEA Board of Directors desires to attest to the veracity of the Clean Impact, Clean Impact Plus and Green Impact 2021 Power Source Disclosure Annual Reports and 2021 Power Content Label.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy Alliance, as follows:
Section 1. The above recitals are true and correct.
Section 2. The Board of Directors of the Clean Energy Alliance hereby attests to the veracity of the 2021 Power Source Disclosure Reports of the Clean Impact, Clean Impact Plus and Green Impact power supply products.
Section 3. The Board of Directors of the Clean Energy Alliance hereby attests to the veracity of the 2021 Power Content Label of the Clean Impact, Clean Impact Plus and Green Impact power supply products.
Item 6 Attachment A
2 The foregoing Resolution was passed and adopted this 25th day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________________
Kristi Becker, Chair
ATTEST:
____________________________
Susan Caputo, Interim Board Secretary
Version: May 2022
5,723.31
2,862
2,861
-
-
-
2,862
1,225
0.2140
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions Factor
(in MT CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Agua Caliente Solar - Block 1 Solar AZ W2427 60894A 57373 1535 1,535 1,535 - - - - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 P206 1,327 1,327 1,327 - - - - #N/A
- - #N/A
- - #N/A
- - #N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
Clean Energy Alliance
Clean Impact
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Attachment A Exhibit A
Version: May 2022
419,722.55
313,762
105,961
-
-
-
313,762
45,351
0.1081
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions Factor
(in MT CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Agua Caliente Solar - Block 1 Solar AZ W2427 60894A 57373 2,104 2,104 2,104 - - Agua Caliente Solar - Block 2 Solar AZ W2576 60894A 57373 4,544 4,544 4,544 - - Agua Caliente Solar - Block 3 Solar AZ W2668 60894A 57373 3,431 3,431 3,431 - - AV Solar Ranch 1, LLC - AVSR1 - Antelope Solar Ranch - Block 1 & 2 Solar CA W4141 60790A 57378 8,623 8,623 8,623 - - AV Solar Ranch 1, LLC - AVSR1 - Antelope Solar Ranch - Block 3 Solar CA W2803 60790A 57378 3,355 3,355 3,355 - - Cape Scott Wind - Cape Scott Wind Wind BC W3959 60600A P149 6,079 6,079 6,079 - - CED Wistaria Solar, LLC - Wistaria Ranch Solar Solar CA W7130 62623A 61750 10,000 10,000 10,000 - - CM10 - CM10 Solar NV W883 60713A 56944 440 440 440 - -
CM48 - CM48 Solar NV W1460 60786A 57205 2,147 2,147 2,147 - - Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 2,635 2,635 2,635 - - GENESIS SOLAR, LLC - SGN-1 Solar CA W3790 60605A 57394 6,357 6,357 6,357 - - Harvest Wind - Harvest Wind Wind WA W1306 60857A 57152 3,127 3,127 3,127 - - Kittitas Valley Wind Farm - Sagebrush Power Partners, LLC Wind WA W1876 60939A 56858 56,138 56,138 56,138 - - Meikle Wind - Meikle Wind Wind BC W5189 63268A P151 3,997 3,997 3,997 - - Mojave Solar Project - Mojave Solar Project - Alpha Solar CA W4255 60848A 57331 9,504 9,504 9,504 - - Monroe Street HED - Monroe Street HED Eligible hydro WA W218 60496A 9095 7,016 7,016 7,016 - - Moose Lake Wind - Moose Lake Wind Wind BC W7518 64287A P152 706 706 706 - - Nine Mile HED - Nine Mile HED Eligible hydro WA W216 60497A 3869 2,002 2,002 2,002 - - Nine Mile HED 2 - Nine Mile HED 2 Eligible hydro WA W283 60497A 3869 4,335 4,335 4,335 - - Pennask Wind Farm - Pennask Wind Farm Wind BC W5499 64015A P153 732 732 732 - - Post Falls HED - Post Falls 2 Eligible hydro ID W794 60498A 835 642 642 642 - - Post Falls HED - Post Falls 3 Eligible hydro ID W795 60498A 835 642 642 642 - - Post Falls HED - Post Falls 4 Eligible hydro ID W796 60498A 835 235 235 235 - - Post Falls HED - Post Falls HED Eligible hydro ID W220 60498A 835 2,255 2,255 2,255 - - Quality Wind - Quality Wind Wind BC W3160 62247A P154 5,109 5,109 5,109 - - Regulus Solar, LLC - Regulus Solar, LLC Solar CA W4387 61428A 57650 10,000 10,000 10,000 - - Shinish Creek Wind Farm - Shinish Creek Wind FarmWind BC W5500 64041A P160 742 742 742 - - Solar Alpine LLC - Solar Alpine LLC Solar CA W2872 60755A 57295 3,393 3,393 3,393 - - Topaz Solar Farms LLC - Topaz 1-9 Solar CA W3193 61698A 57695 23,662 23,662 23,662 - - Upper Falls HED - Upper Falls HED Eligible hydro WA W217 60499A 9096 3,608 3,608 3,608 - -
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 P206 14,630 14,630 14,630 - - No Quality Wind - Quality Wind Wind BC W3160 62247A P154 6200 571 571 571 - - No Quality Wind - Quality Wind Wind BC W3160 62247A P154 3883 3717 3,717 3,717 - - No Quality Wind - Quality Wind Wind BC W3160 62247A P154 P211 1172 1,172 1,172 - - No Quality Wind - Quality Wind Wind BC W3160 62247A P154 P212 3700 3,700 3,700 - - No Quality Wind - Quality Wind Wind BC W3160 62247A P154 P206 7412 7,412 7,412 - - No
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
Bridge River 1 Large Hydro BC P202 815 815 815 - -
Bridge River 2 Large Hydro BC P203 177 177 177 - -
Cheakamus Large Hydro BC P204 149 149 149 - -
GM Shrum Large Hydro BC P206 15,603 15,603 15,603 - -
Kootenay Large Hydro BC P209 599 599 599 - -
Lake Chelan Large Hydro WA 6424 242 242 242 - -
Mica Large Hydro BC P210 39,054 39,054 39,054 - -
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
Clean Energy Alliance
Clean Impact Plus
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Attachment A Exhibit B
Version: May 2022
Peace Canyon Large Hydro BC P211 1,090 1,090 1,090 - -
Revelstoke Large Hydro BC P212 5,487 5,487 5,487 - -
Rock Island Large Hydro WA 6200 11,790 11,790 11,790 - - Rocky Reach Large Hydro WA 3883 19,994 19,994 19,994 - -
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
Attachment A Exhibit B
Version: May 2022
3,375.86
3,376
-
0 -
-
3,376
0 0.0000
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions Factor
(in MT CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Agua Caliente Solar - Block 1 Solar AZ W2427 60894A 57373 905 905 905 - - - - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 P206 2,471 2,471 2,471 - - No - - #N/A
- - #N/A
- - #N/A
- - #N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
Clean Energy Alliance
Green Impact
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
Attachment A Exhibit C
2021 POWER CONTENT LABEL
Clean Energy Alliance
https://thecleanenergyalliance.org/key-documents/
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources
2021 CEA
Clean Impact
Plus Power
Mix
2021 CEA
Clean Impact
Power Mix
2021 CEA
Green Impact
Power Mix
2021 CA
Power Mix
Eligible Renewable1 52.1% 50.0% 100.0% 33.6%
Biomass & Biowaste 0.0% 0.0% 0.0% 2.3%
238 472 0 456 Geothermal 0.0% 0.0% 0.0% 4.8%
Eligible Hydroelectric 4.9% 0.0% 0.0% 1.0%
Solar 20.9% 26.8% 26.8% 14.2%
Wind 26.3% 23.2% 73.2% 11.4%
Coal 0.0% 0.0% 0.0% 3.0%
Large Hydroelectric 22.6% 0.0% 0.0% 9.2%
Natural Gas 0.0% 0.0% 0.0% 37.9%
Nuclear 0.0% 0.0% 0.0% 9.3%
Other 0.0% 0.0% 0.0% 0.2%
Unspecified Power2 25.2% 50.0% 0.0% 6.8%
TOTAL 100.0% 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 0% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3 Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity portfolio, contact: Clean Energy Alliance 1 (833) 232-3110
For general information about the Power Content Label, visit: http://www.energy.ca.gov/pcl/ For additional questions, please contact the
California Energy Commission at:
Toll-free in California: 844-454-2906
Outside California: 916-653-0237
2021 CEA Green Impact
Power Mix
2021 CEA Clean Impact
Plus Power Mix
2021 CEA Clean Impact
Power Mix 2021 CA Utility Average
0 200
400
600
800
1000
2021 CEA Clean Impact Plus
Power Mix
2021 CEA Clean Impact Power
Mix
2021 CEA Green Impact Power
Mix
2021 CA Utility Average
Attachment A Exhibit D
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 7: Consider Approval of Clean Energy Alliance Policy #CEA-019 Check Handling Policy
RECOMMENDATION
Approve Clean Energy Alliance Policy #CEA-019 Check Handling Policy.
BACKGROUND AND DISCUSSION
In the course of normal business Clean Energy Alliance (CEA) issues checks in payment of invoices and other liabilities such as Net Energy Metering Net Surplus Compensation payments. At times, the checks are either returned as undeliverable or remain uncashed (stale) after 90 days. The proposed CEA Check Handling Policy establishes a procedure for handling returned and stale checks.
Handling of Returned Checks
A check is considered returned if the post office is unable to deliver the check to the intended payee.
The proposed policy establishes the following procedures related to returned checks:
1) If a check is returned by the post office as undeliverable, the address of the payee should be researched to determine whether the original address had any errors, such as incorrect zip code, or if there is an updated mailing address.
2) If mailing address corrections are identified, the original check is to be voided and a new check issued.
3) If the check returns a second time, the check is to be voided and funds moved to an unclaimed funds account.
4) If no mailing address correction is identified, the check is to be voided and funds moved to an unclaimed funds account.
5) If the payee contacts CEA requesting reissue, the payee must provide evidence they are the payee and the updated mailing address.
6) The check will be reissued from the unclaimed funds account.
Handling of Stale Checks
A check is considered stale if it remains uncashed after 90 days. The proposed policy established the following procedures related to stale checks:
August 25, 2022
Check Handling Policy
1) If a check remains uncashed after 90 days, it will be considered stale. 2) If the check is greater than or equal to $100, CEA will automatically reissue the check. 3) If the reissued check remains uncashed after 90 days, it will be considered stale, and the check will be voided, and funds moved to an unclaimed funds account. 4) If the check is less than $100, the check will be voided, and funds moved to an unclaimed funds account.
5) If the payee contacts CEA requesting the check be reissued, the payee must provide evidence they are the payee and confirm the proper mailing address. 6) The check will be reissued from the unclaimed funds account.
FISCAL IMPACT
There is no fiscal impact of this action.
ATTACHMENTS
Proposed Clean Energy Alliance Policy #CEA-019 Cash Handling Policy CEA-019
Check Handling Policy
Proposed August 25, 2022
Check Handling Policy
1.0 PURPOSE
The purpose of this Check Handling Policy (“Policy”) is to establish standard operating procedures and guidelines for handling returned and stale dated checks.
2.0 APPLICABILITY
This Policy applies to all checks issued by Clean Energy Alliance (CEA).
3.0 DEFINITIONS
Term Definition
Returned Check A check is “Returned” when the post office is not able to deliver to the intended payee.
Stale Check A check becomes Stale when it is uncashed after 90 days.
4.0 HANDLING OF RETURNED CHECKS
1) If a check is returned by the post office as undeliverable, the address of the payee should be researched to determine whether the original address had any errors, such as incorrect zip code, or if there is an updated mailing address. 2) If mailing address corrections are identified, the original check is to be voided and a new check issued.
3) If the check returns a second time, the check is to be voided and funds moved to an unclaimed funds account.
4) If no mailing address correction is identified, the check is to be voided and funds moved to an unclaimed funds account.
5) If the payee contacts CEA requesting reissue, the payee must provide evidence they are the payee and the updated mailing address.
6) The check will be reissued from the unclaimed funds account.
5.0 HANDLING OF STALE CHECKS
1) If a check remains uncashed after 90 days, it will be considered stale. 2) If the check is greater than or equal to $100, CEA will automatically reissue the check. 3) If the reissued check remains uncashed after 90 days, it will be considered stale, and the check will be voided, and funds moved to an unclaimed funds account.
Item 7 Attachment
Check Handling Policy
Proposed August 25, 2022
2 4) If the check is less than $100, the check will be voided, and funds moved to an unclaimed funds account.
5) If the payee contacts CEA requesting the check be reissued, the payee must provide evidence they are the payee and confirm the proper mailing address. 6) The check will be reissued from the unclaimed funds account.
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 8: Consider Appointment of Andy Stern as Interim Chief Financial Officer/Treasurer
RECOMMENDATION
Appoint Andy Stern as Interim Chief Financial Officer/Treasurer.
BACKGROUND AND DISCUSSION
Section 5.4 of the Clean Energy Alliance (CEA) Joint Powers Agreement (JPA) specifies that the CEA Board appoint a Treasurer/Chief Financial Officer and Auditor (CFO). Since CEA’s inception, Marie Berkuti has served as CEA’s Interim CFO. Marie’s contract with CEA expires August 31, 2022. Ms.
Berkuti has been instrumental in CEA’s startup and establishing internal controls to ensure the organization is sustainable long-term.
Through recruitment efforts, CEA connected with Andy Stern. Mr. Stern recently retired from his prior position as Chief Financial Officer and Treasurer for Peninsula Clean Energy Authority, which he held since 2018. Mr. Stern’s experience includes:
• Managing a budget of $275 Million
• Oversaw financial impacts of energy hedges/power purchase agreements to minimize risks of volatile energy markets
• Presented financial information in public meetings
• Oversight of $180 million investment portfolio
• Developed financial and cash forecasting models
Mr. Stern’s experience and expertise make him the best qualified candidate for CEA’s Interim CFO/Treasurer position.
FISCAL IMPACT
Funds for the Interim CFO are included in the adopted Fiscal Year 2022/23 budget.
ATTACHMENTS
None
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 9: Clean Energy Alliance Operational, Administrative and Regulatory Affairs Update
RECOMMENDATION
1) Receive and File Operational and Administrative Update Report from Chief Executive Officer. 2) Receive Community Choice Aggregation Regulatory Affairs Report from Special Counsel.
BACKGROUND AND DISCUSSION
This report provides an update to the Clean Energy Alliance (CEA) Board regarding the status of operational, administrative, and regulatory affairs activities.
OPERATIONAL UPDATE
Net Energy Metering True-Ups
With CEA completing its first year of operation, CEA is begun processing annual true-ups for Net Energy Metering (NEM) customers. The annual true-up consists of analyzing each customer’s account to determine whether they have accrued net surplus generation, meaning the customer’s system generated more electricity than the customer used, and is due a payment from CEA based on CEA’s Net Surplus Compensation rate. In addition, customers that have accumulated a net charge due to CEA will see that net charge presented on their bill as due and payable.
With the May and June NEM true-ups, nearly 1,500 customers have earned Net Surplus Compensation (NSC) at CEA’s $.06 per kWh. This compares to San Diego Gas & Electric’s (SDG&E) NSC rate of $.03387 for customers with a May true-up and $.02887 for customers with a June true-up.
Customers whose NSC is $100 or more will receive a check from CEA by the end of August. For those with NSC less than $100, the NSC will roll over to the next relevant period to apply against future charges.
Throughout the past year, CEA NEM customers saw their charges or credits presented on the bill, and then an offset to that charge or credit, so the total due to CEA was zero each month. CEA tracked the activity throughout the month in an escrow account, to be settled at the end of the relevant period.
Customers were kept abreast of the balance in their account, for both net dollar activity and kWh activity by a footnote under their CEA charges.
August 25, 2022
Admin & Regulatory Update
An improvement that CEA has implemented during August, to better align with how SDG&E manages their NEM program, is transitioning from the current annual NEM true-up to a monthly true-up. This means that when a customer has an amount due in any given month, that amount due will remain on the customer’s bill. The charges will not be payable until the end of their relevant period, however, they will have the option to pay should they choose. This gives customers the greatest flexibility in managing their electric charges and avoids unexpected bills at the end of their relevant period. Customers that have accumulated a balance due will see this total balance appear on their next bills. It’s important to note that, similar to SDG&E’s charges, the amount owed is not payable until the end of their relevant period. Customers that have an accrued credit will have that credit roll forward to offset future charges during their relevant period.
Joint Rate Comparison Mailing
Pursuant to the California Public Utilities Commission (CPUC) Code of Conduct, CEA and SDG&E work together to develop joint rate comparisons (JRC) for our customers. These JRCs are posted to the respective agency websites and updated within 60 days of any rate change. Annually, customers are mailed a joint rate comparison that also includes information on the power mix of energy procured. The 2022 Joint Rate Mailers are set to be received by customers no later than September 1. The Mailers are being distributed via email for those customers that have indicated a preference for emailed communications and US mail for all others. The mailers have been calculated based on residential rate TOU-DR1 for CARE and non-CARE customers and TOU-A for commercial customers, with specific Mailers for customers in 2017 Power Charge Indifference Adjustment and 2020 Power Charge Indifference Adjustment vintages. In addition to being distributed to customers, the Mailers will be available on CEA’s website.
Expansion of Clean Energy Alliance
Clean Energy Alliance (CEA) is planning two service expansions over the next two years:
April 2023 – Escondido and San Marcos Service Enrollments April 2024 – Oceanside and Vista Service Enrollments
The chart below reflects activities related to the expansions over the six months:
ACTIVITY TIMING STATUS
Draft Implementation Plan
Amendment – Oceanside &
Vista to CEA Board October 27, 2022 In Progress
Marketing & Outreach –
Escondido & San Marcos November 2022 – April 2023
CEA: File Implementation Plan
Amendment By December 31, 2022
Default Power Supply Selection
– Escondido & San Marcos November 2022
August 25, 2022
Admin & Regulatory Update
Noticing – Escondido & San
Marcos February/March/May June 2023
Risk Oversight Committee
The next meeting of the Risk Oversight Committee is scheduled for September 1, 2022.
Call Center Activity
The charts below reflect customer activity through July 31, 2022:
There was an increase in calls primarily due to the annual Net Energy Metering true-up that was presented on bills during May and June.
The chart below reflects call center average seconds to answer and average call duration:
August 25, 2022
Admin & Regulatory Update
The following chart reflects the monthly and cumulative opt-outs for CEA.
August 25, 2022
Admin & Regulatory Update
CEA realized a net increase in opt outs in June of 63 service accounts with an overall participation rate of
92.22%.
Enrollments in CEA’s power supply products are:
POWER SUPPLY PRODUCT JUNE 2022 JULY 2022 Net Change
Clean Impact – 50% Renewable 146 158 + 12
Clean Impact Plus - 75% Carbon Free 59,373 59,342 - 31
Green Impact – 100% Renewable 401 407 + 6
Resource Adequacy Compliance
The Year-Ahead Resource Adequacy (RA) has begun for calendar year 2023, with the initial forecast filed in April 2022. CEA is coordinating with San Diego Gas & Electric (SDG&E) for its 2023 forecast related to accounting for Escondido and San Marcos customers transferring from SDG&E to CEA in 2023. CEA received its final RA obligation in July 2022 and is evaluating current RA positions against the procurement obligations.
Contracts $50,000 - $100,000 entered into by Chief Executive Officer
VENDOR DESCRIPTION AMOUNT
Andy Stern Interim Chief Financial Officer/Treasurer Not to Exceed $75,000
August 25, 2022
Admin & Regulatory Update
REGULATORY UPDATE
CEA’s regulatory attorney, Ty Tosdal, will provide an update to the Board on current regulatory activities (Attachment C).
FISCAL IMPACT
There is no fiscal impact by this action.
ATTACHMENTS
Attachment A – Tosdal APC Regulatory Update Report
Legislative and Regulatory Update
August 25, 2022
• Inflation Reduction Act
• SDG&E General Rate Case (“GRC”)
• New CPUC Demand Flexibility Rulemaking
Item 9 Attachment A
Inflation Reduction Act of 2022
Overview
• Comprehensive bill to replace Biden Administration’s Build Back Better – includes health care, climate, and tax legislation • Energy and Climate Change Goals:
• Lower consumer energy cost
• Increase American energy security
• Invest in decarbonizing all sectors of the economy
• Focus investments into disadvantaged communities
Inflation Reduction Act
Lower Consumer Energy Costs
• $9 billion in consumer home energy rebate programs
• 10 years of consumer tax credits to make homes energy efficient • Tax credit for lower/middle income individuals to buy clean vehicles • $4,000 for used vehicle
• $7,5000 for new vehicle
• $1 billion grant program to make affordable housing more energy efficient
Inflation Reduction Act
Energy Security and Domestic Manufacturing
• Production tax credits to accelerate U.S. manufacturing of solar panels, wind turbines, batteries, and critical minerals processing
• $10 billion investment tax credits to build clean technology manufacturing facilities
• $500 million in the Defense Production Act for heat pumps and critical minerals processing
• $2 billion in grants to retool existing auto manufacturing facilities to manufacture clean vehicles
• Up to $20 billion in loans to build new clean vehicle manufacturing facilities • $2 billion for National Labs to accelerate energy research Inflation Reduction Act
Decarbonize the Economy
• Tax credits for clean sources of electricity and energy storage and roughly $30 billion in targeted grant and loan programs for states and electric utilities to accelerate the transition to clean electricity
• Tax credits and grants for clean fuels and clean commercial vehicles • Grants and tax credits to reduce emissions from industrial manufacturing processes
• Over $9 billion for Federal procurement of American-made clean technologies • $27 billion clean energy technology accelerator to support deployment of technologies to reduce emissions
• Methane Emissions Reduction Program
Inflation Reduction Act
Communities and Environmental Justice
• $3 billion in Environmental and Climate Justice Block Grants – invest in community led projects and community capacity building centers • $3 billion in Neighborhood Access and Equity Grants – support neighborhood equity, safety, and affordable transportation access
• $3 billion in Grants to Reduce Air Pollution at Ports – support purchase and installation of zero-emission equipment and technology
• $1 billion for clean heavy-duty vehicles – school buses, transit buses, and garbage trucks
• Many of the other programs previously mentioned also have an environmental justice or low-income benefit/focus
SDG&E General Rate Case (”GRC”)
• Prehearing conference was held on July 27, 2022
• Focus on:
• Scoping Issues
• Scheduling
• Public Participation Hearings
SDG&E General Rate Case (”GRC”)
Scoping Issues
• Should cost functionalization methodologies be reviewed in GRC Phase 1 as proposed by the Joint CCAs? If yes, is it encompassed in one of the main issues discussed earlier. Please define cost functionalization as you understand it for the benefit of all participants.
• Background: Joint CCAs raised issue. Sempra (SDG&E and SoCal Gas) said that cost allocation among customer classes is out of scope. • Term borrowed from PG&E GRC Decision, D. 20-12-005.
• Refers to the process by which costs are allocated across various utility functions (i.e., electric generation and delivery functions). • Administrative Law Judge seemed to agree with us, but we will not know for sure until final scoping memo is released in the next month or two SDG&E General Rate Case (”GRC”)
Scheduling and Public Participation Hearings
• Scheduling
• Parties addressed proceeding schedule.
• Public Participation Hearings
• Time, duration and location are being decided now.
• San Diego Community Power is planning to send a letter to the CPUC requesting in person hearings. If the Board is interested in joining in on the letter, we can discuss this further with Barbara.
Demand Flexibility
Rulemaking 22-07-005
• New CPUC rulemaking filed July 14, 2022
• The CPUC is embarking on a significant overhaul to demand response rules, and this rulemaking will consider updates to:
• The Commission’s rate design principles,
• Guidance principles for demand flexibility, and
• How to streamline the patchwork of niche rates and programs to expand the use of demand flexibility beyond early adopters.
Demand Flexibility
Objectives
• Enhance the reliability of California’s electric system; • Make electric bills more affordable and equitable;
• Reduce the curtailment of renewable energy and greenhouse gas emissions associated with meeting the state’s future system load; • Enable widespread electrification of buildings and transportation to meet the state’s climate goals;
• Reduce long-term system costs through more efficient pricing of electricity; and
• Enable participation in demand flexibility by both bundled and unbundled customers.
Demand Flexibility
Strategies
• Provide universal access to the current electricity price through a statewide internet-based price portal that provides the current composite electricity price specific to each customer at any time.
• Introduce dynamic energy prices based on real-time wholesale energy costs that reflect the localized marginal cost of energy.
• Incorporate dynamic capacity prices based on real-time grid utilization. • Offer bi-directional electricity prices that allow customers to import and export energy based on the same dynamic, composite prices.
• Offer a subscription option based on customer-specific load shapes. • Enable transactive features that allow customers to lock in electricity prices to import or export a pre-determined quantity of energy at some future time.
Staff Report
DATE:
TO:
FROM:
ITEM 10:
August 25, 2022
Clean Energy Alliance Board of Directors
Barbara Boswell, Chief Executive Officer
Consider Appointments for Clean Energy Alliance Community Advisory Committee for Cities of Del Mar and Solana Beach
RECOMMENDATION:
1) Approve Clean Energy Alliance Community Advisory Committee Nominees for City of Del Mar for term ending December 2022.
2) Approve Clean Energy Alliance Community Advisory Committee Nominees City of Solana Beach for term ending December 31, 2023.
BACKGROUND AND DISCUSSION:
At its regular Board meeting June 30, 2022, the Clean Energy Alliance (CEA) Board declared Community Advisory Committee (CAC) vacancies for representatives in the cities of Del Mar and Solana Beach and directed applications to be accepted through August 1, 2022. The vacancies are due to resignations by the prior committee members.
CEA advertised the openings on its social media, posted a notice along with the application on its website, and worked with staff of the cities of Solana Beach and Del Mar to advertise the vacancies.
Applications received by the CEA Board Secretary from individuals interested in serving on the CAC were provided to board members based on the community the applicant was from. The Board members are to nominate the candidate for their community from the applications received.
The CAC meets bi-monthly on the first Thursday of each month and addresses a workplan established by the CEA Board. The next meeting of the CAC is scheduled for Thursday October 6, 2022.
FISCAL IMPACT
There is no fiscal impact by the CAC appointments.
ATTACHMENTS
Redacted Applications for Community Advisory Committee Members for cities of Del Mar and Solana Beach
City of Carlsbad | City of Del Mar | City of Solana Beach Clean Energy Alliance
Community Advisory Committee Application
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
NAME: ______________________________________________________________________ ADDRESS: __ __ ____ _________________________________
PHONE ___ EMAIL: _ ________
Are you a resident/business owner of one of the CEA member cities? If yes, which city: ___________________________________ Please attach a current resume and respond to the following questions. Please attach a separate sheet if additional space is needed.
What experience/perspective will you bring to the committee? __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ DoloresDavies Jamison
Delmar 92014
.com
Del Mar
After approximately 6 years ofservice I
recently stepped down from Delmar's Sustai Advisory nability Committee where I provided regularguidanceandleadership on communications
and community outreach I also directed
communications and community engagement
Clean Energy Alliance CAC
July 16, 2020
2 __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Describe any relevant background in or expertise related to one or more of the following fields:
electricity, community outreach or engagement, or policy advocacy. __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Do you have any interests or associations that might present a conflict of interest? If yes, please explain:
__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ efforts for 9
years atthe UCSD
and have more than 20 library years
ofstrategic communications and community outreach
experience at UCSD
Besides myfamiliaritywith cleanenergy and sustainability issues due to myservice
on SAC I promoted UCSD's first
suprogram stainability and wrote articles and
news releases on the university's efforts sustai I wasnability on the SAC when it recommended that the Del Mar
City Council join the CEA
No
Clean Energy Alliance CAC
July 16, 2020
3 What do you hope to accomplish as a member of the Clean Energy Alliance Community Advisory Committee?
__________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ Please provide three references
Name Phone Number Relationship
By signing below I acknowledge that I have sufficient time to actively participate in the Clean Energy Alliance Community Advisory Committee for the benefit of the program and the communities it serves. I understand that committee members are subject to conflict of interest laws and required to disclose potential conflicts by filing Form 700.
Signature: _________________________________________________ Date: _____________________________________________________ Completed applications should be emailed to: [email protected] In collaboration with other committee
members I hope to provide excellent
thoughtful andwhenneeded strategic guidanceto theCEA Board an community outreach and communications needs
Dave Druker height
Don Mosier
July 23 2022
DOLORES DAVIES JAMISON
PROFILE
A seasoned communications and engagement professional with more than 25 years of experience in strategic communications and community engagement, including media relations and outreach, creative event planning, speechwriting, issues management, publications development, and social media strategy. After retiring from UC San Diego in 2017, I have worked as a freelance writer and editor and volunteered with a variety of environmental organizations, including Del Mar’s Sustainability Advisory Committee.
DIRECTOR OF COMMUNICATIONS & ENGAGEMENT; UC SAN DIEGO LIBRARY, SAN DIEGO, CA —2008-2017
As the Library’s first director of communications and engagement, I was charged with launching a comprehensive communications and outreach program for the Library. In that capacity, I initiated a new UCSD Library program on UCTV; Led a team of professionals in planning and executing a series of compelling community events; Guided a social media team in effectively engaging patrons and supporters; Oversaw the development of an online newsletter to communicate to target audiences; Provided speechwriting services to the University Librarian; handled media inquiries and provided guidance to Library leadership on sensitive issues; Worked with University Publications in developing a new brand for the Library; Managed and provided guidance to communications and outreach staff.
EXECUTIVE DIRECTOR; UNIVERSITY COMMUNICATIONS & PUBLIC AFFAIRS; UC SAN DIEGO, SAN DIEGO, CA—2004-2008
As the executive director for the University’s Communications & Public Affairs Office, I played a leadership role in guiding, developing, and implementing a wide range of communications and outreach efforts to promote university research, university programs, and staff and student activities. I also provided counsel to the university leadership on sensitive issues and offered strategic guidance on branding, sustainability, and media and governmental relations. In this role, I also helped to oversee the development and publication of the university’s annual report and interfaced with members of the news media and the local community on university issues.
ACTING ASSOCIATE VICE CHANCELLOR; UNIVERSITY COMMUNICATIONS & PUBLIC AFFAIRS, UC SAN DIEGO, SAN DIEGO, CA — 2003
Played a leadership role in representing UCPA with campus leadership; Provided campus leaders with essential and strategic guidance on a broad range of campus issues; Helped plan and implement significant campus events; Provided speechwriting services to campus leaders; Directed campus branding and external positioning to effectively represent the university; Oversaw the work of multiple professional and administrative staff members.
EDUCATION
UNIVERSITY OF CALIFORNIA, LOS ANGELES, B.A. IN POLITICAL SCIENCE
OTHER WORK EXPERIENCE
More than six years of service on the City of Del Mar’s Sustainability Advisory Committee; longtime member of the Del Mar Garden Club; Volunteer and support efforts with various environmental organizations, including the North County Climate Change Alliance, the Green Infrastructure Consortium and Citizens’ Climate Lobby.
Clean Energy Alliance
Community Advisory Committee Application
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
NAME: Jennifer Anderson
ADDRESS: _
PHONE: EMAIL:
Are you a resident/business owner of one of the CEA member cities? If yes, which city: Del Mar
Please attach a current resume and respond to the following questions. Please attach a separate sheet if additional space is needed.
What experience/perspective will you bring to the committee? I bring my experience and perspective from 30 years in technology marketing.
My experience spans partner and customer outreach and engagement, digital marketing, training, events and communications.
Currently, I work in Global Partner Marketing for Intel where I oversee an $45M annual co-marketing budget and work to engage and influence key technology partners to align on strategic priorities and work together to develop and execute effective co-marketing strategies and campaigns to drive sales and brand preference, I also bring a passion for the environment and finding solutions for our climate challenges. In October 2021, I completed the Climate Reality Leadership Project's Climate Reality Leadership training.
I am new to (and excited to be part of) the Del Mar and the North County area.
City of Carlsbad | City of Del Mar | City of Solana Beach Clean Energy Alliance CAC
July 16, 2020
2 Describe any relevant background in or expertise related to one or more of the following fields:
electricity, community outreach or engagement, or policy advocacy.
Throughout my career I have developed and managed community outreach and engagement strategies and programs targeted towards both existing and prospective customer and technology partner audiences.With the approach typically being to engage, educate and incent the respective audiences towards action whether it be a purchase or activating the partner to adopt and/or sell Intel technologies.
I have worked across both digital and in real life outreach and engagement strategies.
Do you have any interests or associations that might present a conflict of interest? If yes, please explain:
No, I don't have any interests or associations that might present a conflict of interest.
Clean Energy Alliance CAC
July 16, 2020
3 What do you hope to accomplish as a member of the Clean Energy Alliance Community Advisory Committee?
I hope to help accelerate the adoption of clean renewable energy within Del Mar and North County so that our communities can meet or exceed our Climate Action Plan targets for reducing greenhouse gas emissions.
In addition, I also would like to help drive the success of CEA’s additional programs including vehicle electrification and programs to assist disadvantaged communities.
Please provide three references
Name Phone Number Relationship
Rich Bokal Architect in Del Mar
Kathy Graham Neighbor in Del Mar
Christine Dickinson College Friend in San Diego
By signing below I acknowledge that I have sufficient time to actively participate in the Clean Energy Alliance Community Advisory Committee for the benefit of the program and the communities it serves. I understand that committee members are subject to conflict of interest laws and required to disclose potential conflicts by filing Form 700.
Signature: Jennifer Lynn Anderson
Date: 7/26/2022
Completed applications should be emailed to: [email protected] JENNIFER L. ANDERSON
, Del Mar, CA 92014 Mobile:
PROFESSIONAL SUMMARY
Versatile and results-oriented marketing professional with demonstrated results leading teams, building relationships and driving collaboration across all organizational levels, functions and geographies to champion and drive marketing strategies, programs, events and partnerships that deliver measurable business results.
EXPERIENCE
Global Partner Marketing Manager Intel Corporation 5/2019 - Present Oversee an annual co-marketing budget of more than $45M. Engage and influence key technology partners to align on strategic priorities and work together to develop and execute effective co-marketing strategies and campaigns to drive sales and brand preference,
Marketing Manager, North America Training & Events Intel Corporation 6/2014 – 5/2019 Lead the successful planning, execution and measurement of B2B and B2C events to drive Intel business results and impact measurable objectives around both demand and brand. Responsibilities include defining event strategy, metrics, customer experience and plan of record; establishing core team roles and responsibilities; managing team of cross-organizational internal people, suppliers, vendors and selling partners in the end to end process of planning and delivering the event experience and outcomes needed; managing and tracking event budget and metrics and leading executive reviews of event strategy, status, metrics and post-event debrief.
Event Marketing Strategy & Management
• Lead teams in the end-to-end planning, execution and measurement of B2B events to deepen relationships and increase revenue with executives at existing and new prospective customers. Events supported to further objectives of SMG marketing campaigns and account-based marketing programs include AT&T Executive Business Summit, Digital Signage Expo, NRF, Connected Health Conference and Verizon Tech Pulse.
• Core team member of Intel Solutions Summit/Intel Partner Connect event team for the past three years. Lead and managed team of BU and SMG people in the development and execution of the solutions showcase and all breakout sessions. In 2017, delivered 62 unique breakout sessions with a 96% overall attendee satisfaction rate and 111 technology demos with a 97% attendee satisfaction rate.
• Lead teams in conceptualizing and delivering interactive, high-energy, immersive brand experiences and messaging at large gaming and eSports events including TwitchCon, PAX East, PAX West, PAX South, BlizzCon and Intel Extreme Masters to engage our critical gaming audience and drive processor relevance, Intel processor preference, brand impact and sales conversions through to both on-site and online retail partnerships (eg. Amazon.com, Newegg.com). Developed strategy and integrated tactics including influencers (pro-gamers, Twitch streamers, technology influencers, cosplay), social media, retail partners and offers, immersive gaming and live streaming experiences to achieve event objectives. Consistently delivered an uplift in brand metrics along with a 13.3x ROI on PAX East 2017 and a ROI on 10.75xTwitchCon 2017.
Sales Partner Training & Enablement
Develop and manage the delivery and results of online and face-to-face training programs for executives and sales teams at Intel selling partners including Intel Technology Providers, distributors, NSPs, ISVs, VARs and OEM call centers to accelerate the transition to new Intel technologies, enable our partners to become Intel advocates and trusted advisors to their customers and help our partners grow their business.
• Form and lead a team of BU subject matter experts and SMG sales to define the overall breakout agenda and develop and deliver 40-60 breakout sessions each year to engage, educate and activate Intel’s top external selling partners at Intel’s annual partner sales conference.
• Manage all aspects of Intel Virtual Technology Conference, a full-day virtual conference of 30 online training courses, 7 live demos and 20 virtual exhibitors for Intel Technology Provider partners drawing 2,000 virtual attendees who participate for an average of 5 hours per conference twice each year.
• Develop and deliver face-to-face training for OEM call center partners at HP, Lenovo and Dell Digital Marketing Specialist Global Marketing & Communications, Intel 8/2012 – 6/2014 Lead and manage the development and execution of online sales enablement campaigns designed to educate, enable and incent Intel Technology Provider partners worldwide on the latest Intel products, technologies and solutions and how to leverage them to deliver new customer solutions and win new business. Identify geo requirements and enable worldwide adoption. Conducted focus groups to gather partner input on effectiveness of training and enablement campaigns and to identify insights on how to continue to optimize.
Deliver quarterly metrics review with WW stakeholders to identify key learnings and opportunities for continuous optimization. • Increased unique visitors to 4th Gen Quad launch online training and enablement content by 245% over 3rd Gen launch • Delivered sales enablement campaigns that had the highest level of engagement of all Intel B2B web content in 2013 Channel Marketing Manager North America Reseller Sales Organization, Xerox 1/2009 – 8/2012 Develop messaging, programs, training, sales tools, incentives and promotions that educate, enable and incent Xerox reseller partners to drive and win new Xerox business and grow sales revenue. Research, identify and evaluate marketplace trends and technologies in mobile, security and electronic document management to identify opportunities and requirements for Xerox indirect channels. Develop and manage launch and marketing plans for Xerox independent software vendor partner solutions in the categories of mobile, security and electronic document workflow. Deliver vertical and horizontal solutions-oriented programs and initiatives to position and differentiate Xerox independent software vendor solutions to meet key customer business needs. Developed quarterly promotions to drive sell-through in Federal and Education segments.
• Grew software sales revenue year over year (172% in 2009, 6% in 2010, 85% in 2011) • Managed launch of Xerox Mobile Print Solution and Xerox Financial Services Leasing Program to partners • Conducted surveys to identify partner attitudes, experience and priorities surrounding Xerox software solutions Marketing Manager, Online Retail Channel North America Reseller Sales Organization, Xerox 9/2007 – 1/2009 Developed and managed online merchandising and marketing programs to drive e-commerce sales of Xerox printers and multifunction printers through the online retail channel. Managed marketing relationships with online retail partners including Amazon.com, Costco.com, Staples.com, Newegg.com, Officemax.com and Officedepot.com. Worked closely with buyers, product managers, category managers and merchandising managers at online retail partners to develop co-marketing and online advertising plans to meet sales and ROI goals for the Xerox online retail channel. Communicated merchandising plans and sales forecasts to product planning teams, distributors and other internal stakeholders to coordinate inventory requirements. Continuously measured, analyzed and reported on e-commerce sales revenue and online marketing program results to test and optimize performance on an ongoing basis to ensure inventory revenue growth goals were met.
• Managed $2.8M online retail marketing budget and drove $16M in sales revenue through online retail channel in 2008 • Increased unit sales through online retail channel by 35% YOY and equipment sales revenue by 25% YOY, despite challenging economic environment, declining prices and flat growth in the printer market Web Marketing Manager Xerox Corporation (Contract) 4/2006 – 9/2007 Researched and profiled business needs and buying behavior of small and medium-size businesses through secondary research sources (Forrester, IDC, Jupiter, NPD) and managed an outside research firm in the development and execution of a primary research study. Measured and profiled Xerox.com site visitor behavior through the analysis of website traffic, action conversions and the development of website polls and questionnaires. Developed and executed online marketing plan to build awareness, drive traffic and create a preference for Xerox among SMB principals. Developed and managed SMB web content, promotions and PPC program to deliver increased SMB traffic, website actions and revenue generation. Served as "trusted advisor" to the corporate SMB team and managed projects from concept to completion by developing and managing internal teams and coordinating internal staff and resources. Measured and monitored results of programs in order to continue to improve marketing strategies and programs. Presented monthly report of findings and program results to executive sponsor. • Increased traffic to SMB site by 297% and action conversion rate by 337% YOY in 2006 • Increased online inquiries year-over-year from the SMB site by 223% in 2006 Internet Marketing Manager Inspiration Software, Inc. 5/2005 – 2/2006 Managed corporate website and online marketing programs for industry leading developer of visual learning software for K12 schools and districts worldwide. Developed and executed demand generation programs and supported sales channels in driving revenue and managing existing accounts by developing email marketing programs, special offers and promotions and online sales tools. • Selected and implemented email marketing tool and processes to track and optimize ROI of email marketing programs • Established HTML-based email newsletters that achieved 24-54% open rates and 5-10% click-thru rates • Delivered promo resulting in $900K+ in online price quotes within 3 mos from new customer segment and 33% ROI within first year • Identified and implemented database and website enhancements to better segment customers and prospective customers to enable more relevant, effective and cost-effective targeting Marketing Manager Northwest Analytics 1/2003 – 4/2005
Served as a member of the corporate operations team. Developed and implemented marketing and communications strategies and programs for a developer of manufacturing process analytics (statistical process control) software to generate demand and increase customer penetration among IT directors at Fortune 1,000 manufacturing companies. Lead cross-functional teams in the development and execution of all marketing and communications programs including product launches, public relations, email marketing, special offers and promotions, website strategy, events, direct marketing, print and online advertising, telemarketing and sales tools. Managed internal relationships with sales and product development teams and external relationships with Internet, advertising and public relations agencies to successfully manage programs from concept to completion. Developed training and sales tools to support worldwide channel in effectively representing the company’s software solutions. • Increased unique visitors to the website by over 100% and trial software requests by 78% in 2003 over 2002 • Doubled email newsletter subscribers in 2003 over 2002 Web Marketing Manager RadiSys 1/2000 – 6/2002
Developed and managed execution of strategy, budget, design and development of corporate Internet site and online marketing programs for $340 million developer and manufacturer of custom Intel architecture-based communications and embedded computer systems. Created web marketing plan and developed programs and strategies to help build awareness for RadiSys new Intel-based technologies and how they could be used by engineering managers and design managers at OEM companies to create a competitive advantage in their equipment design and get to market faster. Generated leads and identified new equipment design projects (from engineering managers and design managers at OEM companies worldwide) as early as possible in the design process that would generate $1 million or more in revenue per year. Initiated and developed strategic marketing relationships with providers of complimentary technologies at companies including Intel, Texas Instruments, MontaVista Software and Teja Technologies to jointly identify and develop co-marketing opportunities. Interfaced with internal department managers across all divisions, organizations, and geographic regions to interpret strategies for new products and technologies in order to develop promotional programs, relevant site messaging and content strategies to create a valuable experience for site visitors and to achieve strategic marketing objectives. Developed programs to drive site traffic and repeat visitors. Managed outside agencies and vendors on all aspects of strategy execution, including concept development, design and implementation. Developed and executed technology solutions webinar series. Developed web-based sales training and related sales tool for distributor partners. Established processes and developed metrics to measure success of online marketing programs; selected and implemented traffic analysis software (WebTrends) and various site registration and lead capture mechanisms.
• Produced online technology seminar series to generate qualified leads and build awareness and consideration early in the design cycle; resulted in over 3,500 new registrants in 2000 and almost 6,000 in 2001. More than 40% of new contacts were qualified as prospective customers from target accounts
• Increased unique visitors per day to the site by 30% YOY and site conversion rate by 41% • Grew newsletter subscribers (from prospective customers vs. existing customers) by 40% in one year • Identified and negotiated co-marketing opportunities and 45% of program funding for online seminar program from partners including Intel, Texas Instruments, MontaVista software and Teja Technologies Assistant to the CEO/Chairman & Investor Relations RadiSys 2/1998 – 1/2000 Worked closely with CEO/Chairman of $340 million developer of Intel architecture-based communications and embedded systems to research and profile competitors and potential acquisition candidates. Supported CEO throughout all phases of acquisition process from research to due diligence to integration in the acquisition of three technology companies in two years, including IBM’s Open Computing Platform operation, IBM’s ARTIC Communications Adapter Development operation and Texas Micro. Planned board meetings and prepared board materials. Managed special events including quarterly worldwide company business update meetings “BUMs”, shareholder meetings and board meetings. Managed special projects including “Best in Class” process improvement program, competitive update and corporate culture class. Identified new programs to constantly improve internal corporate communications and corporate culture. Worked with CFO to implement investor relations program, manage investor relations website and prepare financial reports, financial releases, analyst conference calls and investor kits. Served as first point of contact for investor inquiries. • Researched and profiled potential acquisition candidates (sources included company financials, Dun and Bradstreet, Hoovers) • Interfaced daily with executives, board and financial community regarding matters requiring a high degree of discretion and confidentiality • Developed, researched and wrote an enewsletter to update executive team, sales and marketing management on competitor activities Marketing Communications/PR Assistant RadiSys 11/1996 – 2/1998 Implemented all facets of media relations program. Researched target publications and editors, developed media kits, directed photo shoots and scheduled and planned press tours for editors and industry analysts. Coordinated all aspects of 12 U.S. and European Real-Time Computing shows, the Digital Signal Processing show, the Embedded Systems show, the ISA Expo and Pioneer-Standard and Arrow Electronics distributor sales conferences. Edited and produced communications materials including datasheets, catalogs, newsletter and press article reprints. Managed business relationships with news wire, press clipping service and literature fulfillment, premiums and print vendors.
Marketing Communications Specialist H.B. Fuller Company 7/1994 – 11/1996 Worked closely with marketing manager to develop marketing and communications plan for Fortune 500 specialty chemical manufacturer. Wrote and prepared press releases, PowerPoint sales presentations, direct mail promotions and employee newsletter.
Managed tradeshows, photo shoots and video production.
• Increased 1995 sales leads by over 100% via significant increase in editorial coverage • Awarded “Most Professional Exhibit” at key industry tradeshow in 1996
EDUCATION & AFFILIATIONS
Education Affiliations
MBA – University of Portland Social Venture Partners of Portland, 2011 Investment Committee BS, Communications – Oregon State University American Marketing Assoc., 2004-2006 Oregon Board Member Managing Websites Certificate – Portland State University American Marketing Assoc., 2005-2006 Membership Chair NICSA Student Exchange Program – Cologne, Germany The Link, 2014-Present Ambassador Board Unleash the Power Within, Tony Robbins – San Jose, CA
Climate Reality Leadership Training, The Climate Reality Project Clean Energy Alliance
Community Advisory Committee Application
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
NAME: James (JP) McDermott
ADDRESS:
PHONE: EMAIL:
Are you a resident/business owner of one of the CEA member cities? If yes, which city: Del Mar
Please attach a current resume and respond to the following questions. Please attach a separate sheet if additional space is needed.
What experience/perspective will you bring to the committee? 4 years on Contra Costa County Transportation Authority Citizens Advisory Commitee 4 years as Commisioner on Danville Arts Commission
7 Years Active Board Member of Junior Achievement of NorCal 27 years Junior Achievement classroom volunteer personal finance 5 years Board Member St. Mary's College Alumni Association Please see attached Biography - Recently relocated back to Del Mar in 2019 for good! City of Carlsbad | City of Del Mar | City of Solana Beach Clean Energy Alliance CAC
July 16, 2020
2 Education: BA UCSD, MBA Finance St. Mary's College,
Chartered Financial Consultant, The American College
Certified Financial Planner Curriculum - The American College Describe any relevant background in or expertise related to one or more of the following fields:
electricity, community outreach or engagement, or policy advocacy. 20 years in telecommunications (AT&T, Pacific Bell, SBC) in various roles including regional vice president of 9-1-1 Public Safety Solutions for Callifornia - worked with major public safety organizations in the state.
Volunteer in classroom for elementary and high school personal finance courses Do you have any interests or associations that might present a conflict of interest? If yes, please explain:
None
Clean Energy Alliance CAC
July 16, 2020
3 What do you hope to accomplish as a member of the Clean Energy Alliance Community Advisory Committee?
Most of my career has been educating people so they might make smarter decisions.
I hope to continue to educate, support and advocate a citizen's perspective to the board Please provide three references
Name Phone Number Relationship
Ernie Hahn Friend/Neighbor
Mike Anchieris Friend/Neighbor
Carolyne Charvoz Partner
By signing below I acknowledge that I have sufficient time to actively participate in the Clean Energy Alliance Community Advisory Committee for the benefit of the program and the communities it serves. I understand that committee members are subject to conflict of interest laws and required to disclose potential conflicts by filing Form 700.
Signature:
Date: 07/29/2022
Completed applications should be emailed to: [email protected] Clean Energy Alliance
Community Advisory Committee Application
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
NAME: Greg Coleson
ADDRESS:
PHONE: _ EMAIL:
Are you a resident/business owner of one of the CEA member cities? If yes, which city: Solana Beach
Please attach a current resume and respond to the following questions. Please attach a separate sheet if additional space is needed.
What experience/perspective will you bring to the committee? I co-founded the Environmental Sustainability Board for the City of Decatur Georgia. https://www.decaturga.com/bc-esb
I served from 2009-2017 and served as chair of the board in 2016 and 2017.
I co-wrote the city's Sustainability Plan in 2012.
https://www.decaturga.com/planning/page/environmental-sustainability-plan-2012 Before that I started Decatur Farmers Market and served as the director of City of Carlsbad | City of Del Mar | City of Solana Beach Clean Energy Alliance CAC
July 16, 2020
2 it from 2002 to 2017. https://cfmatl.org/decatur/
More recently I founded a carbon offset trading startup https://gethazelapp.com/ and was the CTO from 2019 to 2021.
Describe any relevant background in or expertise related to one or more of the following fields:
electricity, community outreach or engagement, or policy advocacy.
See above.
I am an Electrical Engineer. I started a study while I served on the Decatur Sustianability Board to have the city take over it's electrical grid from Georgia Power.
Georgia Power is not very environementaly friendly and we were looking into ways to supply more clean power to the city.
Do you have any interests or associations that might present a conflict of interest? If yes, please explain:
No
Clean Energy Alliance CAC
July 16, 2020
3 What do you hope to accomplish as a member of the Clean Energy Alliance Community Advisory Committee?
I hope to move clean energy forward in the City of Solana beach and provide input based on years of experience in the field of sustainability and clean power.
See https://www.linkedin.com/in/gregcoleson/ for my resume.
Please provide three references
Name Phone Number Relationship
Pam Coleson Sister
Bill Gerber Friend
Ed Thomas Friend/ Co-founder Hazel App
By signing below I acknowledge that I have sufficient time to actively participate in the Clean Energy Alliance Community Advisory Committee for the benefit of the program and the communities it serves. I understand that committee members are subject to conflict of interest laws and required to disclose potential conflicts by filing Form 700.
Signature: Greg Coleson
Date: 07/30/2022
Completed applications should be emailed to: [email protected] Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 11: Declare Community Advisory Committee Vacancies for the Cities of Oceanside and Vista RECOMMENDATION:
Declare Community Advisory Committee Vacancies for the Cities of Oceanside and Vista one appointee for term through December 2024 and another for term through December 2025 and direct application period to be open September 1 – 30, 2022.
BACKGROUND AND DISCUSSION:
Clean Energy Alliance’s (CEA) Community Advisory Committee (CAC) Policy (Attachment A) establishes that the CAC shall consist of two (2) appointees from each CEA member agency as well as 1 CEA Board Alternate to serve as CAC Chair, to serve three (3) year staggered terms. For initial appointments, one appointee shall serve a two-year term.
CAC members shall be residents (property owners or renters) or business owners within the service territory for the city which the CAC member is representing and are subject to all applicable conflict of interest laws and may be required to disclose potential conflicts by filing a Form 700. The CAC Policy further states that CAC applicants that have a relevant background in, or expertise related to, one of the following fields: electricity, community outreach or engagement, or policy advocacy will be considered.
CAC appointees must be committed to serving on the CAC and attending regular CAC meetings and occasional CEA Board meetings, with CAC meetings occurring bi-monthly on the first Thursday of each month. CAC members are expected to maintain a good attendance record and will be removed from the CAC after two consecutive unexcused absences from CAC meetings or have unexcused absence for more than 25% of the CAC meetings in a calendar year. Meetings for the remainder of 2022 are scheduled for October 6 and December 1. The annual workplan for the CAC is set by the Board and the 2022 Workplan is attached (Attachment B).
The CAC is subject to the Brown Act and all meetings are publicly noticed and held in public settings pursuant to requirements of the Brown Act.
CEA will advertise the openings on its social media, post a notice along with the application on its website, and will work with staff of the cities of Oceanside and Vista to advertise the vacancies.
Applications will be accepted September 1 - 30, 2022 and will be provided to the appropriate Board August 25, 2022
CAC Member Vacancies
Members the week of October 1 for review and consideration. The Board Member will nominate the CAC member from their respective pool of applicants for full CEA Board approval at the October 27, 2022, CEA Board meeting.
FISCAL IMPACT
There is no fiscal impact as a result of this action.
ATTACHMENTS:
Attachment A - Clean Energy Alliance Community Advisory Committee Policy Attachment B - 2022 Community Advisory Committee Workplan City of Carlsbad | City of Del Mar | City of Escondido | City of San Marcos | City of Solana Beach
COMMUNITY ADVISORY COMMITTEE
PURPOSE AND SCOPE
Community Advisory Committee (CAC) Authorization
Section 5.9 of the Clean Energy Alliance (CEA) Joint Powers Authority (JPA) Agreement provides the authority for the CEA Board to establish an advisory committee to assist the Board in implementing and operating its CCA program. Pursuant to the JPA Agreement, the committee should have equal representation from the member agencies. The Board may establish criteria to qualify for appointment to the committee, and establish rules, regulations, policies or procedures to govern the committee.
CAC Membership Criteria
• The CAC membership shall consist of two (2) appointees from each CEA member agency and 1 Board Alternate. CAC committee members shall serve staggered three (3) year terms with a two-term limit. In the inaugural year, one appointee seat from each member agency shall serve two (2) years.
• Board Alternate will serve as CAC Chair and provide regular reports to the CEA Board. • Committee members serve at the pleasure of the Board. • CAC members will be subject to all applicable conflict of interest laws and may be required to disclose potential conflicts by filing a Form 700. (Information about conflicts of interest and Form 700 can be found here: http://www.fppc.ca.gov/Form700.html. • Members shall be residents (property owners or renters) or business owners within the service territory of CEA.
• CAC membership will be considered for those that have a relevant background in or expertise related to one or more of the following fields: electricity, community outreach or engagement, or policy advocacy.
• Applicants must be committed to serving on the CAC and attending regular committee meetings, and occasional CEA Board meetings. Committee meetings will be held quarterly unless additional meetings are directed by the Board. Members are expected to maintain a good attendance record. A committee member will be removed from the Item 11 Attachment A
Clean Energy Alliance CAC
July 16, 2020
2 CAC if the member has two consecutive unexcused absences from CAC meetings or has unexcused absences from more than 25% of the CAC meetings in a calendar year. • The CAC is subject to Brown Act and all meetings will be publicly noticed and held in public settings pursuant to requirements of the Brown Act. • CAC meetings, times and location will be determined by the CEA Board.
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
CAC Member Selection Process
Applicants must complete and submit the Clean Energy Alliance Community Advisory Committee Application (Attachment A). Board Members will nominate two applicants from their respective communities to the full Board for approval. In addition, the full Board will select one Board Alternate to participate on the CAC.
Clean Energy Alliance CAC
July 16, 2020
3 Attachment A
Clean Energy Alliance
Community Advisory Committee Application
CAC Purpose & Objectives
The purpose of the CAC is to advise the CEA Board of Directors on those matters concerning the operation of its Community Choice Aggregation (CCA) program as directed by the Board of Directors in an annual workplan for the CAC that is adopted by the Board The objectives of the CAC are to provide feedback to the Board, act as a liaison between the Board and the community and serve as a forum for community input on those matters assigned to the CAC in the annual workplan. The CAC shall not have any decision-making authority but will serve as an advisory body to the Board of Directors.
NAME: ______________________________________________________________________ ADDRESS: ____________________________________________________________________ PHONE: ___________________________ EMAIL:_____________________________________ Are you a resident/business owner of one of the CEA member cities? If yes, which city: ___________________________________ Please attach a current resume and respond to the following questions. Please attach a separate sheet if additional space is needed.
What experience/perspective will you bring to the committee? Clean Energy Alliance CAC
July 16, 2020
4 Describe any relevant background in or expertise related to one or more of the following fields:
electricity, community outreach or engagement, or policy advocacy.
Do you have any interests or associations that might present a conflict of interest? If yes, please explain:
What do you hope to accomplish as a member of the Clean Energy Alliance Community Advisory Committee?
Please provide three references
NAME Phone Number Relationship
Clean Energy Alliance CAC
July 16, 2020
5 By signing below I acknowledge that I have sufficient time to actively participate in the Clean Energy Alliance Community Advisory Committee for the benefit of the program and the communities it serves. I understand that committee members are subject to conflict of interest laws and required to disclose potential conflicts by filing Form 700.
Signature: _________________________________________________ Date: _____________________________________________________ Completed applications should be emailed to: [email protected] 2022 Community Advisory Workplan and Schedule
MEETING DATE WORK PLAN/TOPICS
February 3, 2022 Review CEA Website & Provide input for Update April 7, 2022 Receive report from CEA Board Budget Workshop June 2, 2022 Review CEA Draft FY 2022/23 Budget
August 4, 2022 Marketing and Outreach Strategy for Escondido & San Marcos Launch October 6, 2022 Education, Outreach and Training Plan re: GHG Emissions Reductions Strategies
December 1, 2022 2022 Achievements and 2023 Workplan Suggestions for Board Consideration
Item 11 Attachment B
Staff Report
DATE: August 25, 2022
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Chief Executive Officer
ITEM 12: Consider and Provide Direction Regarding Potential Amendment to Clean Energy Alliance Joint Powers Agreement Establishing Chair and Vice Chair Term Limits RECOMMENDATION:
Consider and provide direction regarding potential amendment to Clean Energy Alliance Joint Powers Agreement establishing Chair and Vice Chair term limits.
BACKGROUND AND DISCUSSION:
At its regular meeting December 30, 2021, the Clean Energy Alliance Board requested that consideration of amending the Joint Powers Agreement (JPA) regarding Chair and Vice Chair term limits be brought back at a future meeting for consideration.
Section 5.2, Chair and Vice Chair, establishes that for each calendar year, the Board shall elect a Chair and Vice Chair from among the Directors, and that the term of office of the Chair and Vice Chair shall continue for one year, with no limit on the number of terms held by either the Chair or Vice Chair.
The Board has the authority to amend the JPA as pursuant to Section 4.12.1 and 4.12.1(c) which state:
4.12.1 The affirmative vote of two-thirds of the Directors of the entire Board shall be required to take any action on the following:
4.12.1.(c). Amending or terminating this Agreement or adopting or amending the bylaws of the Authority except as provided in Sections 3.5 and 4.12.3. At least 30 days advance written notice to the Parties shall be provided for such actions. Such notice shall include a copy of any proposed amendment to this Agreement or the bylaws of the Authority.
The Authority shall also provide prompt written notice to all Parties of the action taken and attach the adopted amendment, resolution, or agreement.
Section 3.5 of the JPA addresses the debts, liabilities and obligations of the Authority and Section 4.12.3 addresses the instances whereby a unanimous vote of the entire Board would be required to amend a specific provision of the JPA. Changing the provisions related to term limits of Chair and Vice Chair do not fall into these two exceptions.
August 25, 2022
JPA Amendment
Should the Board desire an amendment to the Chair and Vice Chair term limits, the following timeline would be followed:
September Board Meeting Proposed Amendment Language to Board for Consideration By September 26, 2022 30 Days Written Notice provided to the Members October 27, 2022 Resolution and Amendment to Board for Consideration
FISCAL IMPACT
There is no fiscal impact as a result of this action.
ATTACHMENTS:
None