MCE Executive Committee Meeting
Wednesday, August 7, 2024
12:00 p.m.
Public comments may be made in person or remotely via the details below. 1125 Tamalpais Avenue, San Rafael, CA 94901 (MCE)
2300 Clayton Road, Suite 1150, Concord, CA 94920 (MCE)
1126 Chemin St Colombe, Vence, 06140, France (Belvedere) Remote Public Meeting Participation
Video Conference: https://t.ly/DnY7U
Phone: Dial (669) 900-9128, Meeting ID 861 2234 3784, Passcode 415565 DISABLED ACCOMMODATION: If you are a person with a disability who requires an accommodation or an alternative format, please contact MCE at (888) 632-3674 or [email protected] at least 72 hours before the meeting start time to ensure arrangements are made.
Agenda Page 1 of 2
1. Roll Call/Quorum
2. Board Announcements (Discussion)
3. Public Open Time (Discussion)
4. Report from Chief Executive Officer (Discussion)
5. Consent Calendar (Discussion/Action)
C1. Approval of 6.5.24 Meeting Minutes
6. Climate Action Award (Discussion/Action)
7. Streamlining Board Meetings and Coordination (Discussion/Action)
8. PG&E Transfer of Diablo Canyon GHG-Free Attributes (Discussion/Action) Empowering Our Clean Energy Future
MARIN COUNTY I NAPA COUNTY I UNINCORPORATED CONTRA COSTA COUNTY
UNINCORPORATED SOLANO COUNTY I BENICIA I CONCORD I DANVILLE I EL CERRITO
FAIRFIELD I HERCULES I LAFAYETTE I MARTINEZ I MORAGA I OAKLEY I PINOLE
PITTSBURG I PLEASANT HILL I RICHMOND I SAN PABLO I SAN RAMON I WALNUT CREEK Agenda Page 2 of 2
9. Website and Brand Refresh (Discussion)
10. Committee & Staff Matters (Discussion)
11. Adjourn
The Executive Committee may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the items are described.
DRAFT
MCE EXECUTIVE COMMITTEE MEETING MINUTES
Wednesday, June 5, 2024
12:00 P.M.
Present: Sally Wilkinson, City of Belvedere, joined at 12:05 pm Edi Birsan, Alternate, City of Concord
David Fong, Town of Danville
Gabriel Quinto, City of El Cerrito
Max Perrey, City of Mill Valley
Devin Murphy, City of Pinole, joined at 12:35 pm
Shanelle Scales-Preston, City of Pittsburg
Eduardo Martinez, City of Richmond, joined at 12:19 pm
Holli Thier, Town of Tiburon, joined at 12:40 pm
Cindy Darling, City of Walnut Creek
Absent: Eli Beckman, Town of Corte Madera
Maika Llorens Gulati, City of San Rafael
Staff
& Others: Tyla Brown, Partnership Development Manager
Sebastian Conn, Senior Community Development Manager
Darlene Jackson, Board Clerk and Executive Assistant to the CEO Vicken Kasarjian, Chief Operating Officer
Tanya Lomas, Internal Operations Coordinator
Enyonam Senyo-Mensah, Office Manager
Ashley Muth, Internal Operations Coordinator
Garth Salisbury, Chief Financial Officer and Treasurer
Elbie Siebert, Community Development Fellow
Daniel Settlemyer, Internal Operations Associate
Maira Strauss, Director of Finance
Dawn Weisz, Chief Executive Officer
1. Roll Call
Chair Perrey called the regular Executive Committee meeting to order at 12:00 p.m. with quorum established by roll call.
2. Board Announcements (Discussion)
There were no comments.
3. Public Open Time (Discussion)
Chair Perrey opened the public comment period and there were no comments.
DRAFT
4. Report from Chief Executive Officer (Discussion)
CEO Dawn Weisz introduced this item and addressed questions from Committee members.
5. Consent Calendar (Discussion/Action)
C.1 Approval of 5.1.24 Meeting Minutes
C.2 Proposed Amendment to MCE Policy 013: Reserved Policy Chair Perrey opened the public comment period and there were no comments.
6. Proposed Fiscal Year 2023/2024 Deferral to MCE’s Operating Reserve Fund (Discussion/Action)
CFO and Treasurer Garth Salisbury presented this item and addressed questions from Committee members.
Chair Perrey opened the public comment period and there were no comments.
Action: It was M/S/C (Birsan/Darling) to approve Proposed Fiscal Year 2023/2024 Deferral to MCE’s Operating Reserve Fund. (Absent: Directors Beckman and Llorens-Gulati).
7. 2024 Youth Outreach Campaign Update (Discussion)
Elbie Siebert, Community Development Fellow and Tyla Brown, Community Development Manager, presented this item and addressed questions from Committee members.
Chair Perrey opened the public comment period and there were no comments.
Action: No action required.
Action: Consent Calendar Item C.2 was pulled for further discussion.
It was M/S/C (Birsan/Martinez) to approve Consent Calendar item C.1. Motion carried by unanimous roll call vote.
It was M/S/C (Darling/Quinto) to approve Consent Calendar item C.2. Motion carried by unanimous roll call vote.
(Absent: Directors Beckman and Llorens-Gulati).
DRAFT
8. Review Draft 6.20.24 Board Agenda (Discussion)
CEO Dawn Weisz presented this item.
9. Committee & Staff Matters (Discussion)
CEO Dawn Weisz provided information concerning the upcoming 2024 Board Retreat.
10. Adjournment
Chair Perrey adjourned the meeting at 1:08 p.m. to the next scheduled Executive Committee Meeting on July 3, 2024.
___________________________________________
Max Perrey, Chair
Attest:
___________________________________________
Dawn Weisz, Secretary
August 7, 2024
TO: MCE Executive Committee
FROM: Stephanie Chen, Director of Legislative Affairs
RE: Climate Action Leadership Award Nomination (Agenda Item #06)
Dear Executive Committee Members:
Summary:
MCE created the Climate Action Leadership Award in 2020 to celebrate policymakers and advocates who have made significant contributions toward California’s fight against climate change through clean energy policies that benefit CCA customers. Each year, MCE’s staff have recommended, and MCE’s Board has selected, an individual who has made an important impact during the past year or over an extended career in service to the public. The award is open to 1) regulators, legislators, and other government decision-makers; and 2) stakeholders who have partnered with MCE to effectively advocate for policies that benefit MCE’s communities and our planet.
In 2020, the inaugural Climate Action Leadership Award was presented to California Senator Mike McGuire (D-Healdsburg), and the 2021 Leadership Award was presented to California Assemblymember Cecilia Aguiar-Curry (D-Winters). The 2022 Leadership Award recipients included the four federal Senators and Members of Congress who secured MCE’s first-ever community-directed spending proposals: Senator Dianne Feinstein, Senator Alex Padilla, Congressman John Garamendi, and Congressman Jared Huffman. Last year, the 2023 Leadership Award was conferred upon founding MCE Board Member and current Assemblymember Damon Connolly (D-San Rafael).
At this time, staff respectfully submits a nomination for Senator Bill Dodd (D-Napa), who represents MCE communities in Benicia, Fairfield, Martinez, Pleasant Hill, Vallejo, Solano County, Napa County, and all five Napa cities. During his tenure in the California State Legislature, Senator Dodd has stood out as a leader on utilities, wildfire, and climate issues while also demonstrating strong support for community-driven energy policies. Senator Dodd terms out at the end of this year’s legislative session.
Senator Dodd began his service in the Legislature in 2014, first as an Assemblymember and then as a Senator beginning in 2016. He currently sits on key energy and environmental committees, including the Committees on Transportation and Energy, Utilities, and Communications, as well as Empowering Our Clean Energy Future
CONTRA COSTA I MARIN I NAPA I SOLANO
the Select Committee on Transitioning to a Zero-Emission Future. Prior to his election to the Legislature, Senator Dodd served as a Napa County Supervisor for 14 years.
During his time in the Legislature, Senator Dodd carried over 200 bills, tackling a wide array of issues ranging from artificial intelligence to transit. Importantly, Senator Dodd spearheaded a number of crucial climate and clean energy policies. In the wake of the devastating 2018 mega-fires, Senator Dodd authored one of the most consequential pieces of wildfire-related legislation in recent memory, establishing a new framework for reducing wildfire risk through improved utility oversight and enhanced vegetation management practices. Californians will benefit from these reforms for years to come.
Senator Dodd has also been a strong champion for bolstering climate adaptation efforts at the local level. In support of strengthening community energy resilience, Senator Dodd introduced a 2021 measure calling on the State to provide financial support for local governments to increase the resilience of critical infrastructure through use of clean distributed energy resources. A variation of this policy has been adopted by the California Energy Commission as it seeks to allocate funds from the federal Bipartisan Infrastructure Law. Senator Dodd also carried a 2022 bill that authorized local governments to form climate resilience districts. These new multi-jurisdictional entities now have the power to raise large amounts of capital and deploy the funds toward large-scale climate adaptation and mitigation infrastructure, which will be critical to ensuring the safety of Californians as the State contends with more extreme heat events, sea level rise, droughts, and other climate-driven disasters.
Senator Dodd’s legislative record and policy positions have demonstrated his commitment to community choice and support for MCE and its mission. His leadership has made a substantial impact on the State’s energy landscape and the climate policies he championed will provide benefits to California communities for years to come.
Fiscal Impacts:
None
Recommendation:
Approve staff’s recommendation to present the 2024 Climate Action Leadership Award to Senator Bill Dodd at an upcoming Board meeting.
August 7, 2024
TO: MCE Executive Committee
FROM: Caroline Lavenue, Legal Counsel
Catalina Murphy, General Counsel
RE: Streamlining Board Meetings and Coordination
(Discussion/Action) (Agenda Item #7)
ATTACHMENTS: A. Joint Powers Agreement (JPA)
B. Exhibit D to the MCE Joint Powers Agreement: Voting Shares Dear Executive Committee Members:
Summary:
MCE highly values the time and dedication of Board members, who balance their roles with demanding careers and community responsibilities. With 38 member communities participating in MCE Board meetings, some suggestions have been made that could streamline processes to better utilize Board members’ time and enhance the efficiency and effectiveness of our engagements. Facilitating smooth and productive meetings will allow meaningful participation from members.
It has been noted that the Board functions most efficiently and effectively when in-person dialogue can occur. Remote participation has been used for need or convenience in recent years, but several challenges have been presented by the practice of using multiple inconsistent teleconference locations:
• Time delays due to the need to verify and verbally confirm each teleconference location’s presence during meetings
• Connectivity and communication barriers between Board members at various locations • Handling late teleconference location requests for agenda postings • Ensuring each teleconference location meets Brown Act requirements, such as connectivity, accessibility to the public, and timely posted agendas Other Bay Area agencies with large boards use the following practices to facilitate efficient and productive meetings:
• Bay Area Rapid Transit (BART) spans 9 districts and has a 9-member board. Board meetings are held in person at one location. Members of the public can view the meeting on BART’s website and participate in person and via video conference.
Empowering Our Clean Energy Future
CONTRA COSTA I MARIN I NAPA I SOLANO
• Golden Gate Bridge, Highway and Transportation District (GGBHTD) spans 6 Bay Area counties and has a 19-member board. GGBHTD has one set meeting location, and public participation is offered in person and via phone. • Metropolitan Transportation Commission (MTC) spans all 9 Bay Area counties and is made up of 21 commissioners (18 of which are voting members). Board meetings are held in person at one location. Public participation is offered in person and via video conferencing.
• Peninsula Clean Energy Authority (PCEA) spans 20 cities within San Mateo County and has a 23-member board. Board members are expected to attend the meeting in person at one of two set locations. Public participation is offered in person and via video conferencing.
During the COVID-19 pandemic there was a need for public agencies to utilize remote meeting participation. However, recently, there has been dialogue in the legislature about why in-person participation is better for members of the public. For example, in the debate over AB 817, which proposed extending remote meeting policies for local advisory boards, critics argued that in-person participation is vital for public accountability and transparency, as it allows the public to directly engage with and inform their representatives more effectively than through a computer screen.1
The bill failed in committee, underscoring concern that remote meetings could undermine the quality of public input and government transparency.
Potential Board Efficiency Improvements
In recent months MCE Board members have suggested solutions that could save time and enhance the efficiency of Board meetings:
1. Streamline Board member reimbursements for travel and other expenses. - To enhance Board members’ experiences when requesting reimbursements, Board members could email receipts and expenses directly to the Vice President of Internal Operations.
- This would make reimbursements simpler for Board members and lead to quicker reimbursement completion.
- For this change to occur, MCE’s Vice President of Internal Operations could communicate this streamlined process to Board members.
2. Streamline Board member RSVPs.
- A new tool could be implemented that could be embedded in emails that would allow Board members to click ‘yes’ or ‘no’ to an RSVP request. 1 Available at: https://calmatters.org/politics/capitol/2024/06/california-remote-meetings-local-boards/. - This would eliminate the need for email replies and reduce the burden for Board members.
- For this change to occur, future Board meeting emails could include the new RSVP tool.
3. Shift administrative items to the consent agenda, when possible. - Administrative items, such as additions or changes to committee membership, could be included in the consent agenda rather than in discussion. - This would streamline meeting discussions, as more items could be approved in a single, simple majority vote near the beginning of the Board meeting. - For this change to occur, MCE staff could work to structure agendas in this manner, and the Executive Committee could suggest changes during Board agenda review.
4. Host three in-person Board meetings annually.
- Three meetings could occur per year where all Board members attend at the same location - once in San Rafael, once in Concord, and once at the Board retreat - to foster greater collaboration, strengthen relationships, and enhance strategic discussions among Board members by providing opportunities for face-to-face interaction. - For this change to occur, a memorandum with information about this change could be sent to Board members.
5. Limit the length of Board meetings.
- Current regular Board meeting times average over two hours. - A time limit could be placed on Board meetings, which would ensure that the meetings could end at a specific time. Any items on the agenda that are not addressed could be moved to a future meeting, at the discretion of the Chair. - To help adhere to meeting time, Board members could bring detailed questions to staff prior to the meeting, and self-limit multiple rounds of input per item. - For this change to occur, a memorandum with information about this change could be sent to Board members.
6. Limit the number of teleconference locations to one public location in each county of MCE’s service area.
- The proposed locations could be:
1. Contra Costa County – MCE’s Concord office
2. Marin – MCE’s San Rafael office
3. Napa - City Hall Committee Room
4. Solano - Fairfield Community Center
- For this change to occur, the Executive Committee could elect to implement the change which would take effect at subsequent Board meetings, or a proposal could be brought to the next Board meeting for the Board’s approval.
7. Strongly encourage or require Board representation delegation. - Communities with less than 2% voting share could be strongly encouraged or required to delegate their Board representation to another member within the same county.2
- If the Board representation of a community with less than 2% voting share is delegated to another community such that the total combined vote represents more than 2%, no additional delegation would be encouraged or required. - Based on the 2024 voting shares (found in Attachment B), this could remove up to 17 member communities from needing to cast a vote since their representation on the Board would be delegated to another community within the same county. - Under this approach, MCE would need to establish a process where a member community’s delegation would be reassessed and communicated annually depending on changes to voting share calculations.
- For this change to occur, the Board could pass a resolution that memorializes the Board members’ intention to designate their Board representation based on voting share amounts. To make delegation a requirement, an amendment to the Joint Powers Agreement (JPA) would be required with 2/3 affirmative vote of all member communities. 3
These proposed solutions taken separately or together are likely to increase efficiency at meetings, making Board meetings more effective. Members of the Executive Committee may have other suggestions to consider based on experience with regional agencies.
Fiscal Impacts:
None.
Recommendation:
Discuss potential Board efficiency improvements and provide direction to staff. If desired, take action to approve or recommend any of the preferred improvements. 2 JPA 4.2.1: “The governing body of any Party may elect to designate another Party within the same county to represent it on the Board with the Director and alternate Director from the designated Party.” 3 Or 26 affirmative votes out of 38 member communities.
Marin Energy Authority
- Joint Powers Agreement -
Effective December 19, 2008
As amended by Amendment No. 1 dated December 3, 2009
As further amended by Amendment No. 2 dated March 4, 2010 As further amended by Amendment No. 3 dated May 6, 2010 As further amended by Amendment No. 4 dated December 1, 2011 As further amended by Amendment No. 5 dated July 5, 2012 As further amended by Amendment No. 6 dated September 5, 2013 As further amended by Amendment No. 7 dated December 5, 2013 As further amended by Amendment No. 8 dated September 4, 2014 As further amended by Amendment No. 9 dated December 4, 2014 As further amended by Amendment No. 10 dated April 21, 2016 As further amended by Amendment No. 11 dated May 19, 2016
As further amended by Amendment No. 12 dated July 20, 2017 As further amended by Amendment No. 13 dated October 18, 2018 As further amended by Amendment No. 14 dated November 21, 2019 As further amended by Amendment No. 15 dated November 19, 2020 As further amended by Amendment No. 16 dated November 16, 2023 Among the Following Parties:
City of American Canyon
City of Belvedere
City of Benicia
City of Calistoga
City of Concord
Town of Corte Madera
Town of Danville
City of El Cerrito
Town of Fairfax
City of Fairfield
City of Hercules
City of Lafayette
City of Larkspur
City of Martinez
Town of Moraga
City of Mill Valley
City of Napa
City of Novato
City of Oakley
City of Pinole
City of Pittsburg
City of Pleasant Hill
City of Richmond
Town of Ross
Town of San Anselmo
City of San Pablo
City of San Rafael
City of San Ramon
City of Sausalito
City of St. Helena
Town of Tiburon
City of Vallejo
City of Walnut Creek
Town of Yountville
County of Contra Costa
County of Marin
County of Napa
County of Solano
MARIN ENERGY AUTHORITY
JOINT POWERS AGREEMENT
This Joint Powers Agreement (“Agreement”), effective as of December 19, 2008, is made and entered into pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government Code relating to the joint exercise of powers among the parties set forth in Exhibit B (“Parties”). The term “Parties” shall also include an incorporated municipality or county added to this Agreement in accordance with Section 3.1.
RECITALS
1. The Parties are either incorporated municipalities or counties sharing various powers under California law, including but not limited to the power to purchase, supply, and aggregate electricity for themselves and their inhabitants.
2. In 2006, the State Legislature adopted AB 32, the Global Warming Solutions Act, which mandates a reduction in greenhouse gas emissions in 2020 to 1990 levels.
The California Air Resources Board is promulgating regulations to implement AB 32 which will require local government to develop programs to reduce greenhouse emissions.
3. The purposes for the Initial Participants (as such term is defined in Section 2.2 below) entering into this Agreement include addressing climate change by reducing energy related greenhouse gas emissions and securing energy supply and price stability, energy efficiencies and local economic benefits. It is the intent of this Agreement to promote the development and use of a wide range of renewable energy sources and energy efficiency programs, including but not limited to solar and wind energy production.
4. The Parties desire to establish a separate public agency, known as the Marin Energy Authority (“Authority”), under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) in order to collectively study, promote, develop, conduct, operate, and manage energy programs.
5. The Initial Participants have each adopted an ordinance electing to implement through the Authority Community Choice Aggregation, an electric service enterprise agency available to cities and counties pursuant to California Public Utilities Code Section 366.2 (“CCA Program”). The first priority of the Authority will be the consideration of those actions necessary to implement the CCA Program. Regardless of whether or not Program Agreement 1 is approved and the CCA Program becomes operational, the parties intend for the Authority to continue to study, promote, develop, conduct, operate and manage other energy programs.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions hereinafter set forth, it is agreed by and among the Parties as follows:
ARTICLE 1
CONTRACT DOCUMENTS
1.1 Definitions. Capitalized terms used in the Agreement shall have the meanings specified in Exhibit A, unless the context requires otherwise.
1.2 Documents Included. This Agreement consists of this document and the following exhibits, all of which are hereby incorporated into this Agreement.
Exhibit A: Definitions
Exhibit B: List of the Parties
Exhibit C: Annual Energy Use
Exhibit D: Voting Shares
1.3 Revision of Exhibits. The Parties agree that Exhibits B, C and D to this Agreement describe certain administrative matters that may be revised upon the approval of the Board, without such revision constituting an amendment to this Agreement, as described in Section 8.4. The Authority shall provide written notice to the Parties of the revision of any such exhibit.
ARTICLE 2
FORMATION OF MARIN ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective and Marin Energy Authority shall exist as a separate public agency on the date this Agreement is executed by at least two Initial Participants after the adoption of the ordinances required by Public Utilities Code Section 366.2(c)(10). The Authority shall provide notice to the Parties of the Effective Date. The Authority shall continue to exist, and this Agreement shall be effective, until this Agreement is terminated in accordance with Section 7.4, subject to the rights of the Parties to withdraw from the Authority.
2.2 Initial Participants. During the first 180 days after the Effective Date, all other Initial Participants may become a Party by executing this Agreement and delivering an executed copy of this Agreement and a copy of the adopted ordinance required by Public Utilities Code Section 366.2(c)(10) to the Authority.
Additional conditions, described in Section 3.1, may apply (i) to either an incorporated municipality or county desiring to become a Party and is not an Initial Participant and (ii) to Initial Participants that have not executed and delivered this Agreement within the time period described above.
2.3 Formation. There is formed as of the Effective Date a public agency named the Marin Energy Authority. Pursuant to Sections 6506 and 6507 of the Act, the Authority is a public agency separate from the Parties. The debts, liabilities or obligations of the Authority shall not be debts, liabilities or obligations of the individual Parties unless the governing board of a Party agrees in writing to assume any of the debts, liabilities or obligations of the Authority. A Party who has not agreed to assume an Authority debt, liability or obligation shall not be responsible in any way for such debt, liability or obligation even if a majority of the Parties agree to assume the debt, liability or obligation of the Authority.
Notwithstanding Section 8.4 of this Agreement, this Section 2.3 may not be amended unless such amendment is approved by the governing board of each Party.
2.4 Purpose. The purpose of this Agreement is to establish an independent public agency in order to exercise powers common to each Party to study, promote, develop, conduct, operate, and manage energy and energy-related climate change programs, and to exercise all other powers necessary and incidental to accomplishing this purpose. Without limiting the generality of the foregoing, the Parties intend for this Agreement to be used as a contractual mechanism by which the Parties are authorized to participate as a group in the CCA Program, as further described in Section 5.1. The Parties intend that subsequent agreements shall define the terms and conditions associated with the actual implementation of the CCA Program and any other energy programs approved by the Authority.
2.5 Powers. The Authority shall have all powers common to the Parties and such additional powers accorded to it by law. The Authority is authorized, in its own name, to exercise all powers and do all acts necessary and proper to carry out the provisions of this Agreement and fulfill its purposes, including, but not limited to, each of the following:
2.5.1 make and enter into contracts;
2.5.2 employ agents and employees, including but not limited to an Executive Director;
2.5.3 acquire, contract, manage, maintain, and operate any buildings, works or improvements;
2.5.4 acquire by eminent domain, or otherwise, except as limited under Section 6508 of the Act, and to hold or dispose of any property;
2.5.5 lease any property;
2.5.6 sue and be sued in its own name;
2.5.7 incur debts, liabilities, and obligations, including but not limited to loans from private lending sources pursuant to its temporary borrowing powers such as Government Code Section 53850 et seq. and authority under the Act;
2.5.8 issue revenue bonds and other forms of indebtedness;
2.5.9 apply for, accept, and receive all licenses, permits, grants, loans or other aids from any federal, state or local public agency;
2.5.10 submit documentation and notices, register, and comply with orders, tariffs and agreements for the establishment and implementation of the CCA Program and other energy programs;
2.5.11 adopt rules, regulations, policies, bylaws and procedures governing the operation of the Authority (“Operating Rules and Regulations”); and
2.5.12 make and enter into service agreements relating to the provision of services necessary to plan, implement, operate and administer the CCA Program and other energy programs, including the acquisition of electric power supply and the provision of retail and regulatory support services.
2.6 Limitation on Powers. As required by Government Code Section 6509, the power of the Authority is subject to the restrictions upon the manner of exercising power possessed by the County of Marin.
2.7 Compliance with Local Zoning and Building Laws. Notwithstanding any other provisions of this Agreement or state law, any facilities, buildings or structures located, constructed or caused to be constructed by the Authority within the territory of the Authority shall comply with the General Plan, zoning and building laws of the local jurisdiction within which the facilities, buildings or structures are constructed.
ARTICLE 3
AUTHORITY PARTICIPATION
3.1 Addition of Parties. Subject to Section 2.2, relating to certain rights of Initial Participants, other incorporated municipalities and counties may become Parties upon (a) the adoption of a resolution by the governing body of such incorporated municipality or such county requesting that the incorporated municipality or county, as the case may be, become a member of the Authority, (b) the adoption, by an affirmative vote of the Board satisfying the requirements described in Section 4.9.1, of a resolution authorizing membership of the additional incorporated municipality or county, specifying the membership payment, if any, to be made by the additional incorporated municipality or county to reflect its pro rata share of organizational, planning and other pre-existing expenditures, and describing additional conditions, if any, associated with membership, (c) the adoption of an ordinance required by Public Utilities Code Section 366.2(c)(10) and execution of this Agreement and other necessary program agreements by the incorporated municipality or county, (d) payment of the membership payment, if any, and (e) satisfaction of any conditions established by the Board.
Notwithstanding the foregoing, in the event the Authority decides to not implement a CCA Program, the requirement that an additional party adopt the ordinance required by Public Utilities Code Section 366.2(c)(10) shall not apply.
Under such circumstance, the Board resolution authorizing membership of an additional incorporated municipality or county shall be adopted in accordance with the voting requirements of Section 4.10.
3.2 Continuing Participation. The Parties acknowledge that membership in the Authority may change by the addition and/or withdrawal or termination of Parties.
The Parties agree to participate with such other Parties as may later be added, as described in Section 3.1. The Parties also agree that the withdrawal or termination of a Party shall not affect this Agreement or the remaining Parties’ continuing obligations under this Agreement.
ARTICLE 4
GOVERNANCE AND INTERNAL ORGANIZATION
4.1 Board of Directors. The governing body of the Authority shall be a Board of Directors (“Board”) consisting of one director for each Party appointed in accordance with Section 4.2.
4.2 Appointment and Removal of Directors. The Directors shall be appointed and may be removed as follows:
4.2.1 The governing body of each Party shall appoint and designate in writing one regular Director who shall be authorized to act for and on behalf of the Party on matters within the powers of the Authority. The governing body of each Party also shall appoint and designate in writing one alternate Director who may vote on matters when the regular Director is absent from a Board meeting. The person appointed and designated as the Director or the alternate Director shall be a member of the governing body of the Party. As an alternative to appointing its own Director and alternate Director, the governing body of any Party may elect to designate another Party within the same county (the “designated Party”) to represent it on the Board with the Director and alternate Director from the designated Party (the “consolidated Parties”). Notwithstanding any provision in this Agreement to the contrary, in the case of such an election by one or more Parties in the same county, the designated Party shall have the combined votes and voting shares of the consolidated Parties and shall vote on behalf of the consolidated Parties. The governing body of a Party may revoke its designation of another Party to vote on its behalf at any time. Neither an election by a Party to designate another Party to vote on its behalf or a revocation of this election shall be effective unless provided in a written notice to the Authority.
4.2.2 The Operating Rules and Regulations, to be developed and approved by the Board in accordance with Section 2.5.11, shall specify the reasons for and process associated with the removal of an individual Director for cause. Notwithstanding the foregoing, no Party shall be deprived of its right to seat a Director on the Board and any such Party for which its Director and/or alternate Director has been removed may appoint a replacement.
4.3 Terms of Office. Each Director shall serve at the pleasure of the governing body of the Party that the Director represents, and may be removed as Director by such governing body at any time. If at any time a vacancy occurs on the Board, a replacement shall be appointed to fill the position of the previous Director in accordance with the provisions of Section 4.2 within 90 days of the date that such position becomes vacant.
4.4 Quorum. A majority of the Directors shall constitute a quorum, except that less than a quorum may adjourn from time to time in accordance with law.
4.5 Powers and Function of the Board. The Board shall conduct or authorize to be conducted all business and activities of the Authority, consistent with this Agreement, the Authority Documents, the Operating Rules and Regulations, and applicable law.
4.6 Executive Committee. The Board may establish an executive committee consisting of a smaller number of Directors. The Board may delegate to the executive committee such authority as the Board might otherwise exercise, subject to limitations placed on the Board’s authority to delegate certain essential functions, as described in the Operating Rules and Regulations. The Board may not delegate to the Executive Committee or any other committee its authority under Section 2.5.11 to adopt and amend the Operating Rules and Regulations.
4.7 Commissions, Boards and Committees. The Board may establish any advisory commissions, boards and committees as the Board deems appropriate to assist the Board in carrying out its functions and implementing the CCA Program, other energy programs and the provisions of this Agreement.
4.8 Director Compensation. Compensation for work performed by Directors on behalf of the Authority shall be borne by the Party that appointed the Director.
The Board, however, may adopt by resolution a policy relating to the reimbursement of expenses incurred by Directors.
4.9 Board Voting Related to the CCA Program.
4.9.1. To be effective, on all matters specifically related to the CCA Program, a vote of the Board shall consist of the following: (1) a majority of all Directors shall vote in the affirmative or such higher voting percentage expressly set forth in Sections 7.2 and 8.4 (the “percentage vote”) and (2) the corresponding voting shares (as described in Section 4.9.2 and Exhibit D) of all such Directors voting in the affirmative shall exceed 50%, or such other higher voting shares percentage expressly set forth in Sections
7.2 and 8.4 (the “percentage voting shares”), provided that, in instances in which such other higher voting share percentage would result in any one Director having a voting share that equals or exceeds that which is necessary to disapprove the matter being voted on by the Board, at least one other Director shall be required to vote in the negative in order to disapprove such matter.
4.9.2. Unless otherwise stated herein, voting shares of the Directors shall be determined by combining the following: (1) an equal voting share for each Director determined in accordance with the formula detailed in Section
4.9.2.1, below; and (2) an additional voting share determined in accordance with the formula detailed in Section 4.9.2.2, below.
4.9.2.1 Pro Rata Voting Share. Each Director shall have an equal voting share as determined by the following formula: (1/total number of Directors) multiplied by 50, and
4.9.2.2 Annual Energy Use Voting Share. Each Director shall have an additional voting share as determined by the following formula:
(Annual Energy Use/Total Annual Energy) multiplied by 50, where (a) “Annual Energy Use” means, (i) with respect to the first 5 years following the Effective Date, the annual electricity usage, expressed in kilowatt hours (“kWhs”), within the Party’s respective jurisdiction and (ii) with respect to the period after the fifth anniversary of the Effective Date, the annual electricity usage, expressed in kWhs, of accounts within a Party’s respective jurisdiction, and any additional jurisdictions which they represent, that are served by the Authority and (b) “Total Annual Energy” means the sum of all Parties’ Annual Energy Use. The initial values for Annual Energy use are designated in Exhibit C, and shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year
4.9.2.3 The voting shares are set forth in Exhibit D. Exhibit D may be updated to reflect revised annual energy use amounts and any changes in the parties to the Agreement without amending the Agreement provided that the Board is provided a copy of the updated Exhibit D.
4.10 Board Voting on General Administrative Matters and Programs Not Involving CCA. Except as otherwise provided by this Agreement or the Operating Rules and Regulations, each member shall have one vote on general administrative matters, including but not limited to the adoption and amendment of the Operating Rules and Regulations, and energy programs not involving CCA.
Action on these items shall be determined by a majority vote of the quorum present and voting on the item or such higher voting percentage expressly set forth in Sections 7.2 and 8.4.
4.11 Board Voting on CCA Programs Not Involving CCA That Require Financial Contributions. The approval of any program or other activity not involving CCA that requires financial contributions by individual Parties shall be approved only by a majority vote of the full membership of the Board subject to the right of any Party who votes against the program or activity to opt-out of such program or activity pursuant to this section. The Board shall provide at least 45 days prior written notice to each Party before it considers the program or activity for adoption at a Board meeting. Such notice shall be provided to the governing body and the chief administrative officer, city manager or town manager of each Party.
The Board also shall provide written notice of such program or activity adoption to the above-described officials of each Party within 5 days after the Board adopts the program or activity. Any Party voting against the approval of a program or other activity of the Authority requiring financial contributions by individual Parties may elect to opt-out of participation in such program or activity by providing written notice of this election to the Board within 30 days after the program or activity is approved by the Board. Upon timely exercising its opt-out election, a Party shall not have any financial obligation or any liability whatsoever for the conduct or operation of such program or activity.
4.12 Meetings and Special Meetings of the Board. The Board shall hold at least four regular meetings per year, but the Board may provide for the holding of regular meetings at more frequent intervals. The date, hour and place of each regular meeting shall be fixed by resolution or ordinance of the Board. Regular meetings may be adjourned to another meeting time. Special meetings of the Board may be called in accordance with the provisions of California Government Code Section 54956. Directors may participate in meetings telephonically, with full voting rights, only to the extent permitted by law. All meetings of the Board shall be conducted in accordance with the provisions of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).
4.13 Selection of Board Officers.
4.13.1 Chair and Vice Chair. The Directors shall select, from among themselves, a Chair, who shall be the presiding officer of all Board meetings, and a Vice Chair, who shall serve in the absence of the Chair.
The term of office of the Chair and Vice Chair shall continue for one year, but there shall be no limit on the number of terms held by either the Chair or Vice Chair. The office of either the Chair or Vice Chair shall be declared vacant and a new selection shall be made if: (a) the person serving dies, resigns, or the Party that the person represents removes the person as its representative on the Board or (b) the Party that he or she represents withdraws form the Authority pursuant to the provisions of this Agreement.
4.13.2 Secretary. The Board shall appoint a Secretary, who need not be a member of the Board, who shall be responsible for keeping the minutes of all meetings of the Board and all other official records of the Authority.
4.13.3 Treasurer and Auditor. The Board shall appoint a qualified person to act as the Treasurer and a qualified person to act as the Auditor, neither of whom needs to be a member of the Board. If the Board so designates, and in accordance with the provisions of applicable law, a qualified person may hold both the office of Treasurer and the office of Auditor of the Authority. Unless otherwise exempted from such requirement, the Authority shall cause an independent audit to be made by a certified public accountant, or public accountant, in compliance with Section 6505 of the Act. The Treasurer shall act as the depositary of the Authority and have custody of all the money of the Authority, from whatever source, and as such, shall have all of the duties and responsibilities specified in Section 6505.5 of the Act. The Board may require the Treasurer and/or Auditor to file with the Authority an official bond in an amount to be fixed by the Board, and if so requested the Authority shall pay the cost of premiums associated with the bond. The Treasurer shall report directly to the Board and shall comply with the requirements of treasurers of incorporated municipalities. The Board may transfer the responsibilities of Treasurer to any person or entity as the law may provide at the time. The duties and obligations of the Treasurer are further specified in Article 6.
4.14 Administrative Services Provider. The Board may appoint one or more administrative services providers to serve as the Authority’s agent for planning, implementing, operating and administering the CCA Program, and any other program approved by the Board, in accordance with the provisions of a written agreement between the Authority and the appointed administrative services provider or providers that will be known as an Administrative Services Agreement. The Administrative Services Agreement shall set forth the terms and conditions by which the appointed administrative services provider shall perform or cause to be performed all tasks necessary for planning, implementing, operating and administering the CCA Program and other approved programs. The Administrative Services Agreement shall set forth the term of the Agreement and the circumstances under which the Administrative Services Agreement may be terminated by the Authority. This section shall not in any way be construed to limit the discretion of the Authority to hire its own employees to administer the CCA Program or any other program.
ARTICLE 5
IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
5.1 Preliminary Implementation of the CCA Program.
5.1.1 Enabling Ordinance. Except as otherwise provided by Section 3.1, prior to the execution of this Agreement, each Party shall adopt an ordinance in accordance with Public Utilities Code Section 366.2(c)(10) for the purpose of specifying that the Party intends to implement a CCA Program by and through its participation in the Authority.
5.1.2 Implementation Plan. The Authority shall cause to be prepared an Implementation Plan meeting the requirements of Public Utilities Code Section 366.2 and any applicable Public Utilities Commission regulations as soon after the Effective Date as reasonably practicable. The Implementation Plan shall not be filed with the Public Utilities Commission until it is approved by the Board in the manner provided by Section 4.9.
5.1.3 Effect of Vote On Required Implementation Action. In the event that two or more Parties vote to approve Program Agreement 1 or any earlier action required for the implementation of the CCA Program (“Required Implementation Action”), but such vote is insufficient to approve the Required Implementation Action under Section 4.9, the following will occur:
5.1.3.1 The Parties voting against the Required Implementation Action shall no longer be a Party to this Agreement and this Agreement shall be terminated, without further notice, with respect to each of the Parties voting against the
Required Implementation Action at the time this vote is final. The Board may take a provisional vote on a
Required Implementation Action in order to initially
determine the position of the Parties on the Required
Implementation Action. A vote, specifically stated in the record of the Board meeting to be a provisional vote, shall not be considered a final vote with the consequences
stated above. A Party who is terminated from this
Agreement pursuant to this section shall be considered the same as a Party that voluntarily withdrew from the
Agreement under Section 7.1.1.1.
5.1.3.2 After the termination of any Parties pursuant to Section
5.1.3.1, the remaining Parties to this Agreement shall be only the Parties who voted in favor of the Required
Implementation Action.
5.1.4 Termination of CCA Program. Nothing contained in this Article or this Agreement shall be construed to limit the discretion of the Authority to terminate the implementation or operation of the CCA Program at any time in accordance with any applicable requirements of state law.
5.2 Authority Documents. The Parties acknowledge and agree that the affairs of the Authority will be implemented through various documents duly adopted by the Board through Board resolution, including but not necessarily limited to the Operating Rules and Regulations, the annual budget, and specified plans and policies defined as the Authority Documents by this Agreement. The Parties agree to abide by and comply with the terms and conditions of all such Authority Documents that may be adopted by the Board, subject to the Parties’ right to withdraw from the Authority as described in Article 7.
ARTICLE 6
FINANCIAL PROVISIONS
6.1 Fiscal Year. The Authority’s fiscal year shall be 12 months commencing April 1 and ending March 31. The fiscal year may be changed by Board resolution.
6.2 Depository.
6.2.1 All funds of the Authority shall be held in separate accounts in the name of the Authority and not commingled with funds of any Party or any other person or entity.
6.2.2 All funds of the Authority shall be strictly and separately accounted for, and regular reports shall be rendered of all receipts and disbursements, at least quarterly during the fiscal year. The books and records of the Authority shall be open to inspection by the Parties at all reasonable times.
The Board shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority, which shall be conducted in accordance with the requirements of Section 6505 of the Act.
6.2.3 All expenditures shall be made in accordance with the approved budget and upon the approval of any officer so authorized by the Board in accordance with its Operating Rules and Regulations. The Treasurer shall draw checks or warrants or make payments by other means for claims or disbursements not within an applicable budget only upon the prior approval of the Board.
6.3 Budget and Recovery Costs.
6.3.1 Budget. The initial budget shall be approved by the Board. The Board may revise the budget from time to time through an Authority Document as may be reasonably necessary to address contingencies and unexpected expenses. All subsequent budgets of the Authority shall be prepared and approved by the Board in accordance with the Operating Rules and Regulations.
6.3.2 County Funding of Initial Costs. The County of Marin shall fund the Initial Costs of the Authority in implementing the CCA Program in an amount not to exceed $500,000 unless a larger amount of funding is approved by the Board of Supervisors of the County. This funding shall be paid by the County at the times and in the amounts required by the Authority. In the event that the CCA Program becomes operational, these Initial Costs paid by the County of Marin shall be included in the customer charges for electric services as provided by Section 6.3.4 to the extent permitted by law, and the County of Marin shall be reimbursed from the payment of such charges by customers of the Authority. The Authority may establish a reasonable time period over which such costs are recovered. In the event that the CCA Program does not become operational, the County of Marin shall not be entitled to any reimbursement of the Initial Costs it has paid from the Authority or any Party.
6.3.3 CCA Program Costs. The Parties desire that, to the extent reasonably practicable, all costs incurred by the Authority that are directly or indirectly attributable to the provision of electric services under the CCA Program, including the establishment and maintenance of various reserve and performance funds, shall be recovered through charges to CCA customers receiving such electric services.
6.3.4 General Costs. Costs that are not directly or indirectly attributable to the provision of electric services under the CCA Program, as determined by the Board, shall be defined as general costs. General costs shall be shared among the Parties on such basis as the Board shall determine pursuant to an Authority Document.
6.3.5 Other Energy Program Costs. Costs that are directly or indirectly attributable to energy programs approved by the Authority other than the CCA Program shall be shared among the Parties on such basis as the Board shall determine pursuant to an Authority Document.
ARTICLE 7
WITHDRAWAL AND TERMINATION
7.1 Withdrawal.
7.1.1 General.
7.1.1.1 Prior to the Authority’s execution of Program Agreement 1, any Party may withdraw its membership in the Authority by giving no less than 30 days advance written notice of its election to do so, which notice shall be given to the Authority and each Party. To permit consideration by the governing body of each Party, the Authority shall provide a copy of the proposed Program Agreement 1 to each Party at least 90 days prior to the consideration of such agreement by the Board.
7.1.1.2 Subsequent to the Authority’s execution of Program Agreement 1, a Party may withdraw its membership in the Authority, effective as of the beginning of the Authority’s fiscal year, by giving no less than 6 months advance written notice of its election to do so, which notice shall be given to the Authority and each Party, and upon such other conditions as may be prescribed in Program Agreement 1.
7.1.2 Amendment. Notwithstanding Section 7.1.1, a Party may withdraw its membership in the Authority following an amendment to this Agreement in the manner provided by Section 8.4.
7.1.3 Continuing Liability; Further Assurances. A Party that withdraws its membership in the Authority may be subject to certain continuing liabilities, as described in Section 7.3. The withdrawing Party and the Authority shall execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, as determined by the Board, to effectuate the orderly withdrawal of such Party from membership in the Authority. The Operating Rules and Regulations shall prescribe the rights if any of a withdrawn Party to continue to participate in those Board discussions and decisions affecting customers of the CCA Program that reside or do business within the jurisdiction of the Party.
7.2 Involuntary Termination of a Party. This Agreement may be terminated with respect to a Party for material non-compliance with provisions of this Agreement or the Authority Documents upon an affirmative vote of the Board in which the minimum percentage vote and percentage voting shares, as described in Section
4.9.1, shall be no less than 67%, excluding the vote and voting shares of the Party subject to possible termination. Prior to any vote to terminate this Agreement with respect to a Party, written notice of the proposed termination and the reason(s) for such termination shall be delivered to the Party whose termination is proposed at least 30 days prior to the regular Board meeting at which such matter shall first be discussed as an agenda item. The written notice of proposed termination shall specify the particular provisions of this Agreement or the Authority Documents that the Party has allegedly violated. The Party subject to possible termination shall have the opportunity at the next regular Board meeting to respond to any reasons and allegations that may be cited as a basis for termination prior to a vote regarding termination. A Party that has had its membership in the Authority terminated may be subject to certain continuing liabilities, as described in Section
7.3. In the event that the Authority decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 rather than Section 4.9.1.
7.3 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of a Party, the Party shall remain responsible for any claims, demands, damages, or liabilities arising from the Party’s membership in the Authority through the date of its withdrawal or involuntary termination, it being agreed that the Party shall not be responsible for any claims, demands, damages, or liabilities arising after the date of the Party’s withdrawal or involuntary termination. In addition, such Party also shall be responsible for any costs or obligations associated with the Party’s participation in any program in accordance with the provisions of any agreements relating to such program provided such costs or obligations were incurred prior to the withdrawal of the Party. The Authority may withhold funds otherwise owing to the Party or may require the Party to deposit sufficient funds with the Authority, as reasonably determined by the Authority, to cover the Party’s liability for the costs described above. Any amount of the Party’s funds held on deposit with the Authority above that which is required to pay any liabilities or obligations shall be returned to the Party.
7.4 Mutual Termination. This Agreement may be terminated by mutual agreement of all the Parties; provided, however, the foregoing shall not be construed as limiting the rights of a Party to withdraw its membership in the Authority, and thus terminate this Agreement with respect to such withdrawing Party, as described in Section 7.1.
7.5 Disposition of Property upon Termination of Authority. Upon termination of this Agreement as to all Parties, any surplus money or assets in possession of the Authority for use under this Agreement, after payment of all liabilities, costs, expenses, and charges incurred under this Agreement and under any program documents, shall be returned to the then-existing Parties in proportion to the contributions made by each.
ARTICLE 8
MISCELLANEOUS PROVISIONS
8.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts to settle all disputes arising out of or in connection with this Agreement. Should such efforts to settle a dispute, after reasonable efforts, fail, the dispute shall be settled by binding arbitration in accordance with policies and procedures established by the Board.
8.2 Liability of Directors, Officers, and Employees. The Directors, officers, and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. No current or former Director, officer, or employee will be responsible for any act or omission by another Director, officer, or employee. The Authority shall defend, indemnify and hold harmless the individual current and former Directors, officers, and employees for any acts or omissions in the scope of their employment or duties in the manner provided by Government Code Section 995 et seq. Nothing in this section shall be construed to limit the defenses available under the law, to the Parties, the Authority, or its Directors, officers, or employees.
8.3 Indemnification of Parties. The Authority shall acquire such insurance coverage as is necessary to protect the interests of the Authority, the Parties and the public.
The Authority shall defend, indemnify and hold harmless the Parties and each of their respective Board or Council members, officers, agents and employees, from any and all claims, losses, damages, costs, injuries and liabilities of every kind arising directly or indirectly from the conduct, activities, operations, acts, and omissions of the Authority under this Agreement.
8.4 Amendment of this Agreement. This Agreement may be amended by an affirmative vote of the Board in which the minimum percentage vote and percentage voting shares, as described in Section 4.9.1, shall be no less than 67%.
The Authority shall provide written notice to all Parties of amendments to this Agreement, including the effective date of such amendments. A Party shall be deemed to have withdrawn its membership in the Authority effective immediately upon the vote of the Board approving an amendment to this Agreement if the Director representing such Party has provided notice to the other Directors immediately preceding the Board’s vote of the Party’s intention to withdraw its membership in the Authority should the amendment be approved by the Board.
As described in Section 7.3, a Party that withdraws its membership in the Authority in accordance with the above-described procedure may be subject to continuing liabilities incurred prior to the Party’s withdrawal. In the event that the Authority decides to not implement the CCA Program, the minimum percentage vote of 67% shall be conducted in accordance with Section 4.10 rather than Section 4.9.1.
8.5 Assignment. Except as otherwise expressly provided in this Agreement, the rights and duties of the Parties may not be assigned or delegated without the advance written consent of all of the other Parties, and any attempt to assign or delegate such rights or duties in contravention of this Section 8.5 shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Parties. This Section 8.5 does not prohibit a Party from entering into an independent agreement with another agency, person, or entity regarding the financing of that Party’s contributions to the Authority, or the disposition of proceeds which that Party receives under this Agreement, so long as such independent agreement does not affect, or purport to affect, the rights and duties of the Authority or the Parties under this Agreement.
8.6 Severability. If one or more clauses, sentences, paragraphs or provisions of this Agreement shall be held to be unlawful, invalid or unenforceable, it is hereby agreed by the Parties, that the remainder of the Agreement shall not be affected thereby. Such clauses, sentences, paragraphs or provision shall be deemed reformed so as to be lawful, valid and enforced to the maximum extent possible.
8.7 Further Assurances. Each Party agrees to execute and deliver all further instruments and documents, and take any further action that may be reasonably necessary, to effectuate the purposes and intent of this Agreement.
8.8 Execution by Counterparts. This Agreement may be executed in any number of counterparts, and upon execution by all Parties, each executed counterpart shall have the same force and effect as an original instrument and as if all Parties had signed the same instrument. Any signature page of this Agreement may be detached from any counterpart of this Agreement without impairing the legal effect of any signatures thereon, and may be attached to another counterpart of this Agreement identical in form hereto but having attached to it one or more signature pages.
8.9 Parties to be Served Notice. Any notice authorized or required to be given pursuant to this Agreement shall be validly given if served in writing either personally, by deposit in the United States mail, first class postage prepaid with return receipt requested, or by a recognized courier service. Notices given (a) personally or by courier service shall be conclusively deemed received at the time of delivery and receipt and (b) by mail shall be conclusively deemed given 48 hours after the deposit thereof (excluding Saturdays, Sundays and holidays) if the sender receives the return receipt. All notices shall be addressed to the office of the clerk or secretary of the Authority or Party, as the case may be, or such other person designated in writing by the Authority or Party. Notices given to one Party shall be copied to all other Parties. Notices given to the Authority shall be copied to all Parties.
ARTICLE9
S[G'.\"ATl"RE
)f\ WITNESS \Vl Tr~REOP, lh.:: p.11rli~ h~::Ul fu1\'c cx::1..•111.cd fol$ .1,,ir1r. l'owcr~ A!,.~Cnt c~ll\0Jis11ing l'vt..uiu t'lcru.i C.Jle.rgy (formedy, '.'d.a!in Ene<~) A,Rh~ilJ J Ka,r,o: L,t.r:,; G«vl/~
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o • .,, _.'f_,-'7'--·~!'.!,:
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1•21tty; City of AmcJ'ican C3.nyon
ARTJC.L.F. 9
SIGNATIJRF,
IN WIT>JESS \VHl:iltEOF, Utt: parlic:; hereto have cxccuto::d this foio( fl)Wdf.$ ~,_grt:1,.-,n('ad es1ahlis.hins l\1arin Clean Bnecp.y (frmnerly, Marin Energy Authocity) Tille: tv, .,.'10'"
Dalo: 12- • 2'1 • 1f-Parly: C....~ of E?. ",..; ~-c;..c~'---- ARTICI.F.9
SIGNAl'ORE
Il°'{ Wfrn'ESS WHEREOF, lhe parti¢3 bCN;t0 bav1.; ¢X',;C~1rcd d:is Joi.at Pov;~s A1tt1?en,cn1 establishlng MW Cl~ I:nt=c~· (fonnedy, Mflrin E.o.ergy Au1horit~) ARTICL1£ 9
MGNATUIU:
IN V..1TNESS WHEREOF. the parties hereto have excco(cd this Joint Powers Agreement est;1.hhs~ ng M:trin Clean Enc:,gy (limnerl), Mann Em:tgy Aul1mrily) (\ 1) !\ o .. (I.pl : 11 , ~ - '-' ( Ry· /l,r .Y<---- \\ ' l,..1-•"./ V " - ~ I Name: Valerie J. s..io.\e
Title: City :vtana.ger
()are: htly 24,2017
Party: City of Coocord
ARTJCL.F. 9
SIGNATURE
IN WTTNESS WHEREOF. lhePmtic:: heret,> have exccuto~l this Joint rowers Af_"Tee,nent cstublishing the Marin Energy Authority.
By: 4 ,~~tj;i,'L-l_,, ___ _ _
I Name: Alexar.dra Cock
Titk: i:f:ayo r _
Date: December G, 2011
Party: J:own of Corte Macera
A'l"TEST
ARTICLF:9
SIGNAl't;Ri,;
IN wrr:,JESS Wl lfiROOf. the p.vrie.<: he1<c:to ha\•e executed chis Joint Powers J\.grcctucut es(ab)i:.hin~ Murin Cleun Energy (fom,ccly, Murin Enc;rsy Authority) ::.92:~
Title: Town Manager
Date: Jul•/ 17,--"20"'1'-'7--------
J>ucy: Town of Vanville
SIGNATURE
fl\ WTTNF,~S WHEREOF, th~ purtic:e b~rell~ huve e,,.,~u\611 thi:-:; foinL Powers ,'\gJ\'\~:ment c~tl\blishing ),farrn (:k.111 l,::ncrgy (f<inru:;rly. Mnrin Encr:,~ Anthc,rity) fly:
Knme:
ljtle: City t-~.n•qe::
lloto: -,f-+-"'ijrJ_ 1/Jj,____
City <1fF.I Carit<1
ARTICLE9
SIGN..\:l'LIU,:
l\l \>/ITNE8S \VI IERE(ff, the Pani,;s herew ha.vi executed chis Jnint l\1we1;:: Ag.retme111 es:al:\l.shln~ the .\fal'in J:'.n\?l·~y Auth.Jiity.
0 "- v:.;.
Tille:
Uatc:
ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) By:
~ Name: __ S_ea_n_P_._Q..c..u_i_nn _____ __ _
Title: Interim City Manager - --------- ----
Date: _______,_ /.-~~ '---f- 't_,__ '/......, ~-'//- $-..,.__ _ ___ _ Party: City of __ F_ai_rfi_1e_l_d ______ _
ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) By: _______________________________
Name: _______________________________
Title: ________________________________
Date: ________________________________
Party: City of Hercules
DocuSign Envelope ID: 902EB467-96C5-47A7-8347-AEA7CA08DB86 Dante Hall
City Manager
10/20/2023
ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) By:
Name: Mark Mitchell
Title: Mayor
Date: _ _____;3::;_ · _ _ - __,l.__Y-----'------___._l =f, ___ _ Party: City of Lafayette
Attest:
Robbir..s, City Clerk
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement ::blishlng fu4;;;:ufuoricy
Name • ~ D.~.LL~--
Title: h I U-d-i. Ir·, ('
Date: 1J~l(o.~/\
Party: C.:r=:rY 0~ ~PUR.._
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) ByG25~----....
Name: Brad Kilger
Title: ------=C=it'-L,..y=M=a=n=a=ge=r ____ _
Party:
Date: _ ___;7:.....,.~~~~~Z __ _
~of Martinez
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) By:
Name: Robert Priebe
Title: Town Manager
Date: July 24, 2017
Party: Town of Moraga
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Marin Energy Authority.
By:
Name: Shawn E. Marshall
Title: Mayor
Date: December 2, 2008
Party: City of Mill Valley
ARTfCI.F. 9
STGNA:TURJ::
m \V JT>ll:8S Wl II mr.or, the parties hcrctc, have ext:.;uh:~il OJ.is Joinl Powers :\grzement ~stablishing Marin Cle -. rgy (fotmcJly, >.1arin Energ.>· Authuri1y) 1'ome: rn:vL ?,, ,-.,..;, S ~
Ti:le: C.f",/ YV\..,"'-"!J.V-Dato: _ •+II • , <..~ ------ P>irly: City of>lapa
ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Marin Energy Authority.
By:
Name: Madeline R. Kellner
Title: Mayor
Date: October 7, 2011
Party: City of Novato
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) Party: City of Oakley
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the Parties hereto have executed this Joint Powers Agreement establishing the Marin Energy_ Authority. &~
By: /1/4 ud-UJ J
Name: Michelle Fitzer ---- ------------
Title: ____ City Manager ____________ _
Date:---i-, zf-J.,C~a.,-&- /l-+- 7-----
Party: ____ City of Pinole ___________ _
Approved as to form:
Name:
By:
---
~
Eric Casher --------------
Title: ___ City Attorney ____________ _
Date: __ ....;.7_/f_/ _/_r __________ _
ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) Party: City of Pittsburg
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) Title: City Manager
Date: June 14 . 2019
Party: City of Pleasant Hill
ARTICLE9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing the Marin Energy Authority
By:
Name:
Party:
ARTlCJ,F. Q
SlGt<AJ(:tu;
ARTTCL'F, 9
"~U.:N41TRf:
11' WID19iS-WaE-Rl:l~)J, . the,!(/, hcrccc have cxec--utcd tl".ics Joint Power, As,~ement ::··~u7~f~v
Title: Mayor _ ___ ____ _
l~tDUfl'V 9 :!009
P~rty:
ARTICLH\l
SIGNATCRE
l>-1 WITNESS WHEREOF, the parU<.'S h<.relo ha\•e cxc..:ulcd this Juinl Pow.;,~rs :\grc~mcnl cpa~ • 11 F '~l:)' flom1c1ly. Marin l:nc1 g y Au1ho,·,I~ • (' I '<>
. Js-; ~ - -
Ti1le: Maynr, Ci1yof S;m l':1bJo
Do.,, -~= £=-(.:'-.-"< '-'-_. -'I C. =...-'2.c..:oe-' cl. _ _ _ i ARTIC:LE9
SIC. 'IA TIJRF.
IN V..,rTKtSS "'-·1·If.REOF. t~lC' Partfos 1~:-cto have ,tXt;~lt<l 1t:,~ Jnir;L l'ow:rs ;\;:o,ri:.:01e11~ e~t.:.bii,:;hinf• the \·fo.ri111:m.,r~y A11llrn1il)',
;\IHICL~;?
SIGNATllRF.
I'.\! v.:rrKES:; \\:'IJl-'.IU~OF, the f)a.1·1i.,;~ hcrao ha.\·..: cxc..:utC'd chis Joioc PlW.'Cf~ ,.,g,e~mC":u )(rune·
I
··.le:m ~nergy (fom1..;.ity) )tlarin Eue.i·gy Alltho1·ity) r;,1c, _f2..rr'f fJ.. "P<rJA:6:£ e.
D>1k: 7 /:,J /J 7
Party: C:t~· uf Sun lfr,n1Ml
ARTICLl,;9
SIGNATURE
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Date:
Item: 5A
Meeting Date: _ 11-18-08
Page#: 24
ARTICLE9
SIGNATURE
IN WJiNE;Ss WHEMh<Jf. fhe parties hereco have i::x.c::utcd thi& Joinr Powers /\yccmt:nt CSl.lblishing Marin C:lt1'n l:::ncrgy (form'-'1'1)'. Ma,in Em~r~· Auth<.11ity) ~ G
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Name: -/;"-+J--"-<U'-..>..,,,µ.
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Parry: Cicy of St. Helena
T:lle: MAYOR
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ARTICLE 9
SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) By:
Name:
Title:- - --="Ci"t'y-'--=M=:.=.:..a:=a.g:n: =cr:e.-_ _ _ _ _ _ Date:- - ----=-J=-u=ne::...1..:.2, =2.,,,'"0"'-1"'-9_ _ _ _ _ _ Party: City of Vallejo
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ARTICLE9
SIGNATURE
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Name: (}#/lt&u:[8 r; JtiE~l-/~
Title: 7€.E-S~\\ ~ D"{= Su?E:£ l~":)
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SIGNATURE
IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement establishing Marin Clean Energy (formerly, Marin Energy Authority) Name: Birgitta E. Corsello
Title: County Administrator
Date:
Party: County of Solano
APPROVED AS TO FORM:
Solano County Counsel
Exhibit A
To the
Joint Powers Agreement
Marin Energy Authority
-Definitions-
“AB 117” means Assembly Bill 117 (Stat. 2002, ch. 838, codified at Public Utilities Code Section 366.2), which created CCA.
“Act” means the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.)
“Administrative Services Agreement” means an agreement or agreements entered into after the Effective Date by the Authority with an entity that will perform tasks necessary for planning, implementing, operating and administering the CCA Program or any other energy programs adopted by the Authority.
“Agreement” means this Joint Powers Agreement.
“Annual Energy Use” has the meaning given in Section 4.9.2.2. “Authority” means the Marin Energy Authority.
“Authority Document(s)” means document(s) duly adopted by the Board by resolution or motion implementing the powers, functions and activities of the Authority, including but not limited to the Operating Rules and Regulations, the annual budget, and plans and policies.
“Board” means the Board of Directors of the Authority.
“CCA” or “Community Choice Aggregation” means an electric service option available to cities and counties pursuant to Public Utilities Code Section 366.2. “CCA Program” means the Authority’s program relating to CCA that is principally described in Sections 2.4 and 5.1.
“Director” means a member of the Board of Directors representing a Party. “Effective Date” means the date on which this Agreement shall become effective and the Marin Energy Authority shall exist as a separate public agency, as further described in Section 2.1.
“Implementation Plan” means the plan generally described in Section 5.1.2 of this Agreement that is required under Public Utilities Code Section 366.2 to be filed with the California Public Utilities Commission for the purpose of describing a proposed CCA Program.
“Initial Costs” means all costs incurred by the Authority relating to the establishment and initial operation of the Authority, such as the hiring of an Executive Director and any administrative staff, any required accounting, administrative, technical and legal services in support of the Authority’s initial activities or in support of the negotiation, preparation and approval of one or more Administrative Services Provider Agreements and Program Agreement 1. Administrative and operational costs incurred after the approval of Program Agreement 1 shall not be considered Initial Costs. “Initial Participants” means, for the purpose of this Agreement, the signatories to this JPA as of May 5, 2010 including City of Belvedere, Town of Fairfax, City of Mill Valley, Town of San Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon and County of Marin.
“Operating Rules and Regulations” means the rules, regulations, policies, bylaws and procedures governing the operation of the Authority. “Parties” means, collectively, the signatories to this Agreement that have satisfied the conditions in Sections 2.2 or 3.2 such that it is considered a member of the Authority. “Party” means, singularly, a signatory to this Agreement that has satisfied the conditions in Sections 2.2 or 3.2 such that it is considered a member of the Authority. “Program Agreement 1” means the agreement that the Authority will enter into with an energy service provider that will provide the electricity to be distributed to customers participating in the CCA Program.
“Total Annual Energy” has the meaning given in Section 4.9.2.2.
Exhibit B
To the
Joint Powers Agreement
Marin Energy Authority
-List of the Parties-City of American Canyon
City of Belvedere
City of Benicia
City of Calistoga
City of Concord
Town of Corte Madera
Town of Danville
City of El Cerrito
Town of Fairfax
City of Fairfield
City of Hercules
City of Lafayette
City of Larkspur
City of Martinez
Town of Moraga
City of Mill Valley
City of Napa
City of Novato
City of Oakley
City of Pinole
City of Pittsburg
City of Pleasant Hill City
of Richmond Town of
Ross
Town of San Anselmo
City of San Pablo
City of San Rafael
City of San Ramon
City of Sausalito
St. Helena
Town of Tiburon
City of Vallejo
City of Walnut Creek
Town of Yountville
County of Contra Costa
County of Marin County
of Napa
County of Solano
Marin Clean Energy
- Annual Energy Use -
This Exhibit C is effective as of November 16, 2023.
MCE Member Community kWh (2022)
City of American Canyon 81,427,344
City of Belvedere 8,237,519
City of Benicia 94,928,828
City of Calistoga 28,672,196
City of Concord 464,522,261
Town of Corte Madera 40,679,971
County of Contra Costa 641,627,822
Town of Danville 154,016,934
City of El Cerrito 55,954,420
Town of Fairfax 17,441,179
City of Fairfield* 452,596,498
City of Hercules** 75,602,000
City of Lafayette 91,628,665
City of Larkspur 41,529,142
City of Martinez 144,050,725
City of Mill Valley 44,544,689
County of Marin 225,874,556
Town of Moraga 42,086,139
City of Napa 273,494,891
County of Napa 296,199,222
City of Novato 188,226,487
City of Oakley 111,135,099
City of Pinole 57,339,339
City of Pittsburg 232,985,737
City of Pleasant Hill 130,900,910
City of Richmond 387,473,558
Town of Ross 9,860,762
Town of San Anselmo 31,648,284
City of San Ramon 270,273,787
City of Saint Helena 44,870,258
City of San Pablo 63,297,704
City of San Rafael 206,521,192
City of Sausalito 30,635,006
County of Solano 177,643,279
Town of Tiburon 27,721,503
City of Vallejo 335,923,675
City of Walnut Creek 323,700,192
Town of Yountville 30,326,651
MCE Total Energy Use 5,935,598,420
*2020 usage data as provided by PG&E.
**2021/2022 usage data as provided by PG&E.
All other usage data reflects MCE customer billing records for 2022.
Marin Clean Energy
- Voting Shares -
This Exhibit D is effective as of November 16, 2023.
MCE Member Community kWh (2022) Section 4.9.2.1 Section 4.9.2.2 Voting Share City of American Canyon 81,427,344 1.32% 0.69% 2.00%
City of Belvedere 8,237,519 1.32% 0.07% 1.39%
City of Benicia 94,928,828 1.32% 0.80% 2.12%
City of Calistoga 28,672,196 1.32% 0.24% 1.56%
City of Concord 464,522,261 1.32% 3.91% 5.23%
Town of Corte Madera 40,679,971 1.32% 0.34% 1.66%
County of Contra Costa 641,627,822 1.32% 5.40% 6.72%
Town of Danville 154,016,934 1.32% 1.30% 2.61%
City of El Cerrito 55,954,420 1.32% 0.47% 1.79%
Town of Fairfax 17,441,179 1.32% 0.15% 1.46%
City of Fairfield* 452,596,498 1.32% 3.81% 5.13%
City of Hercules** 75,602,000 1.32% 0.64% 1.95%
City of Lafayette 91,628,665 1.32% 0.77% 2.09%
City of Larkspur 41,529,142 1.32% 0.35% 1.67%
City of Martinez 144,050,725 1.32% 1.21% 2.53%
City of Mill Valley 44,544,689 1.32% 0.38% 1.69%
County of Marin 225,874,556 1.32% 1.90% 3.22%
Town of Moraga 42,086,139 1.32% 0.35% 1.67%
City of Napa 273,494,891 1.32% 2.30% 3.62%
County of Napa 296,199,222 1.32% 2.50% 3.81%
City of Novato 188,226,487 1.32% 1.59% 2.90%
City of Oakley 111,135,099 1.32% 0.94% 2.25%
City of Pinole 57,339,339 1.32% 0.48% 1.80%
City of Pittsburg 232,985,737 1.32% 1.96% 3.28%
City of Pleasant Hill 130,900,910 1.32% 1.10% 2.42%
City of Richmond 387,473,558 1.32% 3.26% 4.58%
Town of Ross 9,860,762 1.32% 0.08% 1.40%
Town of San Anselmo 31,648,284 1.32% 0.27% 1.58%
City of San Ramon 270,273,787 1.32% 2.28% 3.59%
City of Saint Helena 44,870,258 1.32% 0.38% 1.69%
City of San Pablo 63,297,704 1.32% 0.53% 1.85%
City of San Rafael 206,521,192 1.32% 1.74% 3.06%
City of Sausalito 30,635,006 1.32% 0.26% 1.57%
County of Solano 177,643,279 1.32% 1.50% 2.81%
Town of Tiburon 27,721,503 1.32% 0.23% 1.55%
City of Vallejo 335,923,675 1.32% 2.83% 4.15%
City of Walnut Creek 323,700,192 1.32% 2.73% 4.04%
Town of Yountville 30,326,651 1.32% 0.26% 1.57%
MCE Total Energy Use 5,935,598,420 50.00% 50.00% 100.00% *2020 usage data as provided by PG&E.
**2021/2022 usage data as provided by PG&E.
All other usage data reflects MCE customer billing records for 2022.
Exhibit D
Marin Clean Energy
-Voting Shares-This Exhibit D is effective as of May 16, 2024.
MCE Member Community kWh (2022) Section
4.9.2.1 Section
4.9.2.2 Voting
Share
City of American Canyon 79,207,390 1.32% 0.69% 2.01%
City of Belvedere 8,518,874 1.32% 0.07% 1.39%
City of Benicia 92,488,603 1.32% 0.81% 2.12%
City of Calistoga 29,971,557 1.32% 0.26% 1.58%
City of Concord 441,711,055 1.32% 3.85% 5.17%
Town of Corte Madera 40,409,990 1.32% 0.35% 1.67%
County of Contra Costa 629,262,083 1.32% 5.49% 6.81%
Town of Danville 144,559,397 1.32% 1.26% 2.58%
City of El Cerrito 56,549,292 1.32% 0.49% 1.81%
Town of Fairfax 18,480,057 1.32% 0.16% 1.48%
City of Fairfield 418,972,628 1.32% 3.66% 4.97%
City of Hercules* 75,602,000 1.32% 0.66% 1.98%
City of Lafayette 89,704,826 1.32% 0.78% 2.10%
City of Larkspur 40,926,401 1.32% 0.36% 1.67%
City of Martinez 135,776,703 1.32% 1.18% 2.50%
City of Mill Valley 46,345,910 1.32% 0.40% 1.72%
County of Marin 228,173,442 1.32% 1.99% 3.31%
Town of Moraga 41,597,219 1.32% 0.36% 1.68%
City of Napa 262,216,341 1.32% 2.29% 3.60%
County of Napa 292,640,197 1.32% 2.55% 3.87%
City of Novato 184,699,898 1.32% 1.61% 2.93%
City of Oakley 104,654,511 1.32% 0.91% 2.23%
:
----------------------------------------------------------------------~-------------~-------~--------~-------~ City of Pinole 55,630,390 1.32% 0.49% 1.80%
City of Pittsburg 216,424,897 1.32% 1.89% 3.20%
City of Pleasant Hill 119,997,753 1.32% 1.05% 2.36%
City of Richmond 389,966,133 1.32% 3.40% 4.72%
Town of Ross 9,915,147 1.32% 0.09% 1.40%
Town of San Anselmo 31,632,018 1.32% 0.28% 1.59%
City of San Ramon 262,986,004 1.32% 2.30% 3.61%
City of Saint Helena 44,372,121 1.32% 0.39% 1.70%
City of San Pablo 61,307,992 1.32% 0.54% 1.85%
City of San Rafael 205,395,814 1.32% 1.79% 3.11%
City of Sausalito 31,301,320 1.32% 0.27% 1.59%
County of Solano 158,463,487 1.32% 1.38% 2.70%
Town of Tiburon 29,028,081 1.32% 0.25% 1.57%
City of Vallejo 320,808,503 1.32% 2.80% 4.12%
City of Walnut Creek 303,238,670 1.32% 2.65% 3.96%
Town of Yountville 26,477,825 1.32% 0.23% 1.55%
MCE Total Energy Use 5,729,414,528 50.00% 50.00% 100.00% * Because the City of Hercules was just approved as a member community in November 2023 and will not receive service until April 2025, MCE must rely on prior historical usage data provided by Pacific Gas & Electric Company (the most current being from 2021/2022).
All other usage data reflects MCE customer billing records for 2023.
PG&E Transfer
of Diablo
Canyon GHG-Free Energy
August 2024
Our Vision
Lead CA to an equitable, clean, affordable, and
reliable energy economy by serving as a model
for community-based renewable energy,
energy efficiency, and cutting-edge clean-tech
products and programs .
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Our Mission
Confront the climate crisis by eliminating fossil
fuel greenhouse gas emissions, producing
renewable energy, and creating equitable
community benefits.
Nuclear Considerations
General Facts and Concerns About Nuclear Energy
• Safety Concerns: Risk of accidents such as Chernobyl and Fukushima • Nuclear Waste: Long-term storage issues for radioactive waste • Water Usage: Large amounts needed for cooling
• Environmental Impacts: Mining and potential contamination • High Costs: Construction, maintenance, and decommissioning Diablo Canyon Specific Concerns
• Earthquake Risks: Located adjacent to multiple earthquake faults with a high probability of experiencing a major earthquake over the next 30 years. • Tsunami Risks: A significant population lives within 30 miles of evacuation zone surrounding Diablo Canyon susceptible to a tsunami. 3 MCE Board Nuclear Resolution
WHEREAS, the Marin Energy Authority has adopted a policy that does not allow any unit specific purchases of nuclear energy for its Marin Clean Energy products.
The Board of Directors of the Marin Energy Authority urgently calls upon the California Public Utilities Commission (CPUC) and the California Legislature to begin a prompt and orderly process of decommissioning the Diablo Canyon and San Onofre nuclear power plants which pose significant post earthquake risks to life, safety and the environment in California. 4 Resolution 2011-09 adopted May 5, 2011
Overview of Diablo Canyon Power Plant
• The Diablo Canyon Nuclear Power Plant came online in two phases:
• Unit 1 began commercial operation on May 7, 1985
• Unit 2 started commercial operation on March 3, 1986
• 750-acre site near Avila Beach in San Luis Obispo County • Licensed by the U.S. Nuclear Regulatory Commission to operate until November 2024 (Unit 1) and August 2025 (Unit 2)
• The CPUC & Senate Bill 846 extended operations for 5 years, to October 2029 (Unit 1) and October 2030 (Unit 2)
• Why was an extension granted?
5 Extended Operations
• Energy Reliability: California has been facing challenges in maintaining a stable and reliable energy grid, especially as it transitions to more renewables. Diablo Canyon provides a significant amount of baseload power, meaning it runs 24/7 and is not intermittent like solar and wind.
This is essential for grid stability. Extending its operation helps ensure there is sufficient energy supply during this transitional period. • Decarbonization Goals: As part of California's efforts to reduce greenhouse gas emissions, the state is phasing out fossil fuel-based energy sources. Nuclear power, which has a low carbon footprint, helps to bridge the gap until more renewable energy infrastructure can be integrated into the grid.
6 Extended Operations
• Economic Considerations: Shutting down the plant
would have significant economic impacts, including the
loss of jobs and economic activity related to the plant's operation. Extending the plant's life helps mitigate these impacts while providing time for economic adjustments
and development of alternative energy sources.
• Regulatory and Policy Support: The CPUC and
legislative support through Senate Bill 846 require
investments in maintenance and upgrades to meet safety
and environmental standards.
7 CA Moratorium on New Nuclear
In 1976, the State of California issued a moratorium
on the construction and licensing of new nuclear
fission reactors until the federal government
implements a solution to radioactive waste disposal.
8 CCA Customers Pay for Diablo Canyon
MCE customers will continue to pay for a portion of the continued operations costs of Diablo Canyon, whether we accept the allocation or not.
Why?
• CCA customers began departing from Investor-Owned Utility (IOU) service in 2010
• The CPUC authorized IOUs to charge CCA customers for power purchased on their behalf prior to departure
• PG&E was left with excess hydroelectric, renewable, and nuclear power that had value that was not being accounted for
• GHG-free hydro and nuclear were to be allocated to CCAs at no cost because customers paid for these resources through the Power Charge Indifference Adjustment
9 CPUC-Required Allocations
To continue operations, the CPUC requires that PG&E:
• Allow all CCAs paying for Diablo Canyon’s extended operations to receive a no cost allocation through an agreement with PG&E – MCE has continuously fought for the equitable allocation of all the benefits associated with the resources our customers pay for • CCAs that accept the allocations must report the nuclear on their Power Content Labels
Any unclaimed allocations would not be reported on any
California Power Content Label and would simply disappear from any accounting.
10 MCE’s Decisions on Nuclear Allocations
11 In 2020, MCE opted to reject its nuclear portion of the GHG-free nuclear allocations from PG&E.
For 2025-2030, MCE may choose to accept or reject nuclear allocations. • MCE customers cannot avoid paying for the nuclear, regardless of whether MCE accepts
• MCE cannot cause Diablo Canyon Power Plant to stop,
decrease, or increase operations
• MCE cannot resell GHG-free energy from their allocation Nuclear Considerations
Independent of MCE’s Decision
• Acceptance or rejection of the allocation will have no impact on the extension of Diablo Canyon, which has already been approved.
• Diablo Canyon will run at full capacity regardless of MCE’s decision on the allocation offer.
• MCE customers pay for the operations of Diablo Canyon regardless of whether MCE elects to take an allocation.
• MCE will continue receiving a Resource Adequacy (RA) allocation as part of the Diablo Canyon operations, reducing its obligations.
12 Nuclear Considerations
MCE Considerations
• Nuclear allocations are GHG-Free and align with MCE’s mission to reduce emissions with fossil-free energy.
• MCE has not been successful in making progress toward the significant open position for GHG-Free energy despite numerous solicitations. • Accepting the allocation will reduce the need for additional purchases and reduce possible rate increase pressures for customers.
• Nuclear energy will be included in system power regardless. • The cost of GHG-Free energy has continued to rise over the last year, while supply is scarce, regardless of price.
13 California Providers with >5% Nuclear
Retail Suppliers Retail Sales
(MWh)
Total Eligible
Renewables
Nuclear
Pacific Gas and Electric Company 30,291,314 38.3% 49.3% San José Clean Energy – Green Value 202,231 40.2% 30.9% Pioneer Community Energy 1,633,901 44.1% 27.6%
Orange County Power Authority 177,052 62.3% 25.3%
San José Clean Energy – Green Source 3,476,520 59.2% 24.8% Silicon Valley Clean Energy 3,605,920 44.9% 24.3%
Energy for Palmdale’s Independent Choice 52,416 34.3% 22.9% Lancaster Choice Energy 611,814 33.6% 9.7%
San Jacinto Power 172,810 30.8% 5.8%
Rancho Mirage Energy Authority 282,288 32.3% 5.7%
Pomona Choice Energy 423,784 32.9% 5.7%
Apple Valley Choice Energy 254,247 23.6% 5.6%
Pico Rivera Innovative Municipal Energy 211,547 40.8% 5.4% 2022 CA Utility Average and Total Retail Sales 243,240,118 35.8% 9.2%
I II II
If Accepted: Estimated
Cumulative Savings
• This savings would result from accepting
the nuclear allocation.
• The cost of GHG-Free energy is quite
high and is expected to remain high over
the next few years as most CCAs are
aiming to reduce GHG emissions within
their portfolios.
• The final number of eligible CCAs will
determine the exact allocation ratios.
Estimates are based on forecasted energy
delivery and GHG-Free forward prices
$100 Million
Assuming full acceptance
3,060 GWh
15 Cumulative estimates across 6 years
$170
Per Customer
11.3%
Nuclear on Power
Content Label
• The price is based on
GHG-Free forward
pricing
• MCE’s allocation is
based on MCE’s load
ratio used in allocating
Diablo Canyon
replacement energy
under D.21.06.035
Assumptions
Projected Nuclear Savings by Year
16 $0
$5
$10
$15
$20
$25
Millions
Year
PG&E Nuclear Allocations savings
Regulatory Timeline
17 August 2024 November 2024 Dec 31, 2024 Jan 1, 2025
Stakeholders
work to finalize
allocation
methodology.
Request for
CCAs to receive
allocations
(anticipated).
Sales agreements
deadline for
subsequent year’s
delivery.
Non-bypassable
charges begin for
Diablo Canyon.
Annual delivery
of energy
expected to
begin.
18 Board of Directors: July 18, 2024
Community Power Coalition: July 24, 2024
• Technical Committee: August 2, 2024
• Executive Committee: August 7,2024
Community & Public
Engagement
18 ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• Community Power Coalition Feedback
• 31 total attendees, representing 17 organizations
• Most attendees were in support of accepting the
allocation, citing the following:
- Diablo Canyon will continue to operate regardless
- Customers will continue to pay for this regardless
and should benefit from the savings
- Accepting the allocation aligns with MCE’s primary
mission to reduce GHGs
• One attendee urged MCE not to take the allocation
• All attendees that spoke indicated they were not
supportive of nuclear energy
• Most attendees that spoke expressed a desire for public engagement 19
City of Napa | Contra Costa
County | San Pablo EDC | City of
Martinez | County of Napa -
Natural Resources | Interfaith
Climate Action Network of
Contra Costa | Sustainable
Contra Costa | Récolte Energy |
East Bay EDA | Marin
Conservation League | North
Marin Community Services
(Latine Program) | City of
Richmond | Green Solutions &
Technologies | Marin/Sonoma
Building Electrification Squad |
City of Mill Valley | Town of
Tiburon | Town of Corte Madera
| Pinole Progressive Alliance
20 Community
Education
MCE’s July
Newsletter
• After the Board decision to accept
or decline the allocation,
messaging will be shared with the
public via:
- MCE’s social media channels
(Facebook, Twitter, Instagram,
LinkedIn)
- MCE’s newsletter
- MCE’s blog
• MCE’s outreach staff and service
center will also be properly briefed
on how to discuss the change with
customers
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MCE is committed to providing sustainable and cost-effective energy solutions. Following the State’s decision to extend operations of PG&E’s Diablo Canyon Nuclear Power Plant and assign costs to all customers, including MCE customers, MCE’s Board of Directors has decided to accept the allocation of GHG-free nuclear energy at no additional cost. Understanding that nuclear energy is complex, we carefully considered the impacts of this decision along with community feedback. MCE’s commitment remains steadfast: to provide you with sustainable, reliable, and cost-effective energy.
Here’s why MCE’s Board of Directors made the decision to accept these nuclear resources:
• Significant Savings: By accepting this allocation, we’re avoiding extra, redundant purchases, ensuring substantial cost savings for our customers — estimated at $100 million over the next six years! • Environmental Benefits: This GHG-free energy aligns with our mission to reduce emissions. • Energy Reliability: Diablo Canyon provides 24x7 ‘around the clock’ GHG-free energy, which is crucial as we continue to integrate more renewables into our grid. • Equitable Use of Resources: Since our customers are already funding the operations of Diablo Canyon through PG&E fees, accepting this allocation ensures you get the benefits of the energy you’re already paying for.
Thank you for being a part of our community and supporting our mission to create a greener future for all.21 22 Make a recommendation to the Board of Directors
to either accept or reject the nuclear allocation.
Recommendation
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