Agenda packet — WestLight Energy Board of Directors, February 26, 2026

2075 Woodside Road | Redwood City, CA 94061
(650) 260-0005 | peninsulacleanenergy.com
Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
AGENDA
Thursday, February 26, 2026
6:30 pm
PLEASE NOTE: This meeting will be held in a hybrid format with both in-person and Zoom participation options for members of the public.

In-Person Meeting Locations:

PCEA Lobby, 2075 Woodside Road, Redwood City, CA 94061
Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635 Zoom, Virtual Meeting Link: https://pencleanenergy.zoom.us/j/87496649657 Meeting ID: 874-9664-9657 Passcode: 2075 Phone: +1 (669) 444-9171 Introduction
This meeting of the Board of Directors will be held at the Peninsula Clean Energy Lobby: 2075 Woodside Road, Redwood City, CA 94061 and Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635 and by teleconference pursuant to the Ralph M. Brown Act, CA Gov’t Code. Section 54950, et seq.

Members of the Board are expected to attend the meeting in person and should reach out to General Counsel, Jennifer Stalzer, with questions or accommodation information ([email protected]).

For information regarding how to participate in the meeting remotely, please refer to the instructions at the end of the agenda. In addition, a video broadcast of the meeting can be viewed at https://www.peninsulacleanenergy.com/meetings-events following the meeting.

Public Participation
The PCEA Board meeting may be accessed through Zoom online at https://pencleanenergy.zoom.us/j/87496649657. The webinar ID is: 874-9664-9657 and the passcode is 2075. The meeting may also be accessed via telephone by dialing +1(669) 444-9171. Enter the webinar ID: 874-9664-9657, then press #. (Find your local number:
https://pencleanenergy.zoom.us/u/kTlH1Ocod). Peninsula Clean Energy uses best efforts to ensure audio and visual clarity and connectivity. However, it cannot guarantee the connection quality.

Members of the public can also attend this meeting physically at the Peninsula Clean Energy Lobby at 2075 Woodside Road, Redwood City, CA 94061 or Los Banos City Hall, Conference Room A, 520 J Street, Los Banos, CA 93635.

Written public comments may be emailed to PCEA Board Clerk, Nelly Wogberg ([email protected]) and such written comments should indicate the specific agenda item on which the member of the public is commenting.

Spoken public comments will be accepted during the meeting in the Board Room(s) or remotely through Zoom at the option of the speaker. Please use the “Raise Your Hand” function in the Zoom platform, or press *6 if you phoned into the meeting, to indicate that you would like to provide comment.

Please note that Peninsula Clean Energy Board of Directors meetings are a limited public forum, and all 1 1. Approval of the PCE Joint Powers Authority Agreement Weighted Voting Shares Allocation for 2026

2. Approval of Minutes from the January 22, 2026 Board of Directors Meeting

3. Chair Report (Discussion)

4. CEO Report (Discussion)

5. Briefing on Peninsula Clean Energy's Green Access Program (Discussion)

6. First Amendment to the Interim Resource Contract with Marin Clean Energy for the Green Access Program Increasing the Not to Exceed Amount to $11.5M and Extending the Term through December 31, 2030 (Action)

7. Selection of Board of Directors Chair and Vice Chair (Action)

8. Board Members’ Reports (Discussion)

9. February 2026 Legislative Policy Overview

10. Energy Supply Procurement Quarterly Update

11. Regulatory Policy Team Quarterly Update
public comment must relate to something that is within the subject matter jurisdiction of the Board. If comments do not relate to the subject matter jurisdiction of the Board, we will stop the comment and move on to the next speaker. General Counsel will assist in identifying comments that are not related to the subject matter jurisdiction of the Board.

ADA Requests
Individuals who require special assistance or a disability related modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the meeting, should contact Nelly Wogberg, Board Clerk, by 10:00 a.m. on the day before the meeting at ([email protected]). Notification in advance of the meeting will enable PCEA to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

Closed Captioning is available for all PCEA Board meetings. While watching the video broadcast in Zoom, please enable captioning.

CALL TO ORDER / ROLL CALL

PUBLIC COMMENT
This item is reserved for persons wishing to address the Board on any PCEA-related matters that are not otherwise on this meeting agenda. Public comments on matters listed on the agenda shall be heard at the time the matter is called. Members of the public who wish to address the Board are customarily limited to two minutes per speaker. The Board Chair may increase or decrease the time allotted to each speaker.

ACTION TO SET AGENDA AND TO APPROVE CONSENT AGENDA ITEMS

REGULAR AGENDA

INFORMATIONAL REPORTS
2 12. Report on California Community Power (CCP) Joint Powers Authority

13. Acronym List

14. Social Media FAQ's

ADJOURNMENT
Public records that relate to any item on the open session agenda are available for public inspection. The records are available at the Peninsula Clean Energy offices or on PCEA Website at:
https://www.peninsulacleanenergy.com.

JOINING INSTRUCTIONS
3 Instructions for Joining a Zoom Meeting via Computer or Phone Best Practices:

Please mute your microphone when you are not speaking to minimize audio feedback If possible, utilize headphones or ear buds to minimize audio feedback If participating via videoconference, audio quality is often better if you use the dial-in option (option 2 below) rather than your computer audio
Options for Joining
Videoconference with Computer Audio - see Option 1 below Videoconference with Phone Call Audio - see Option 2 below Calling in via Telephone/Landline - see Option 3 below
Videoconference Options:

Prior to the meeting, we recommend that you install the Zoom Meetings application on your computer by clicking here https://zoom.us/download.

If you want full capabilities for videoconferencing (audio, video, screensharing) you must download the Zoom application.

Option 1 Videoconference with Computer Audio:

From your computer, click on the following link that is also included in the meeting calendar invitation: https://pencleanenergy.zoom.us/j/87496649657 The Zoom application will open on its own or you will be instructed to open Zoom.

After the application opens, the pop-up screen below will appear asking you to choose ONE of the audio conference options. Click on the Computer Audio option at the top of the pop-up screen.

Click the blue, "Join with Computer Audio" button.

In order to enable video, click on "Start Video" in the bottom left-hand corner of the screen. This menu bar is also where you can mute/unmute your audio.

Option 2 Videoconference with Phone Call Audio
From your computer, click on the following link that is also included in the meeting calendar invitation: https://pencleanenergy.zoom.us/j/87496649657 The Zoom Application will open on its own or you will be instructed to Open Zoom. 4 After the application opens, the pop-up screen below will appear asking you to choose ONE of the audio conference options. Click on the Phone Call option at the top of the pop-up screen.

Please dial +1 (669) 444-9171.

You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.

You will be instructed to enter in your participant ID. Your participant ID is unique to you and is what connects your phone number to your Zoom account.

After a few seconds, your phone audio should be connected to the Zoom application on your computer.

In order to enable video, click on "Start Video" in the bottom left-hand corner of the screen. This menu bar is also where you can mute/unmute your audio.

Audio Only Options:

Please note that if you call in/use the audio only option, you will not be able to see the speakers or any presentation materials in real time.

Option 3: Calling in via Telephone/Landline:

Please dial +1 (669) 444-9171.

You will be instructed to enter the meeting ID: 874-9664-9657 followed by #.

You will be instructed to enter your Participant ID followed by #. If you do not have a participant ID or do not know it, you can press # to stay on the line.

You will be instructed to enter the meeting passcode 2075 followed by #. 5 DATE: February 6, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Masha Doubrovskaia, Account Services Analyst and Leslie Brown, Director of Account Services
SUBJECT: Approval of the PCE Joint Powers Authority Agreement Weighted Voting Shares Allocation for 2026
Item No. 1

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approve recalculated weighted voting shares for 2026 based on member agencies' 2025 annual energy consumption.

BACKGROUND
As the Board is aware, the Joint Powers Authority (JPA) Agreement creating Peninsula Clean Energy includes a “weighted” voting option. The voting procedure is as follows: votes are first taken by simple majority vote. Voting automatically ends if the majority votes against an agenda item. However, if there is a majority vote for approval of an agenda item, a “weighted” vote by shares can be called by any Board member.

Weighted votes are covered by Section 3.7 of the JPA Agreement:

3.7 Voting. In general, as described below in Section 3.7.3, action by the Authority Board will be taken solely by a majority vote of the Directors present. However, as described below in Section 3.7.4, upon request of a Director, a weighted vote by shares will also be conducted. When such a request is made, an action must be approved by both a majority vote of Directors present and a majority of the weighted vote by shares present. No action may be approved solely by a vote by shares.

Specifically, sections 3.7.1, 3.7.2, 3.7.3 and 3.7.4 state the following:

3.7.1 Voting Shares. Each Director shall have a voting share as determined by the following formula: (Annual Energy Use/Total Annual Energy) multiplied by 100.

3.7.2. Exhibit Showing Voting Shares. The initial voting shares will be set forth in Exhibits C and D. Exhibits C and D shall be revised no less than annually as necessary to account for changes in the number of Parties and changes in the Parties’ Annual Energy Use. Exhibits C 6 and D and adjustments shall be approved by the Board.

3.7.3. Approval Requirements Relating to CCA Program . Except as provided in Sections 3.7.4 and 3.7.5 below, action of the Board shall require the affirmative vote of a majority of Directors present at the meeting.

3.7.4. Option for Approval by Voting Shares. Notwithstanding Section 3.7.3, any Director present at a meeting may demand that approval of any matter related to the CCA Program be determined on the basis of both voting shares and by the affirmative vote of a majority of Directors present at the meeting. If a Director makes such a demand with respect to approval of any such matter, then approval of such matter shall require the affirmative vote of a majority of Directors present at the meeting and the affirmative vote of Directors having a majority of voting shares present, as determined by Section 3.7.1 except as provided in Section 3.7.5.

If, pursuant to the weighted vote of the present members, the item is rejected or approved, the weighted vote prevails. In other words, the weighted vote can serve as a possible veto of the simple majority vote.

DISCUSSION
Pursuant to JPA requirements, staff has updated the weighted voting shares of each member based on 2025 PCE energy use to member jurisdictions. Staff then prepared revised Exhibits C and D to be attached to Peninsula Clean Energy's JPA Agreement. The JPA states that the values for Annual Energy Use will be designated in Exhibits C and D and shall be adjusted annually as soon as reasonably practicable after January 1, but no later than March 1 of each year. These adjustments require approval by the Board. Exhibit C Voting Shares, based on annual energy usage, was last updated and approved by the Board on February 27, 2025.

The table below includes the weighted shares for each service territory or member of the JPA based on data sourced from billing data provided by PCE’s Data Management Provider, Calpine Energy Solutions, based on billing records for 2025. Staff is requesting Board approval of this revised schedule. Last year's voting Shares table is included for reference as well:
2026 Peninsula Clean Energy Voting Shares Distribution
Twelve Months Ended December 2025
Service Territory Distribution Weight (%)
SO SAN FRANCISCO INC 14.17%
SAN MATEO INC 12.39%
REDWOOD CITY INC 12.32%
MENLO PARK INC 7.43%
DALY CITY INC 7.03%
UNINC SAN MATEO CO 6.06%
FOSTER CITY INC 5.36%
BURLINGAME INC 4.95%
SAN CARLOS INC 4.39%
SAN BRUNO INC 4.02%
LOS BANOS INC 3.29%
7 MILLBRAE INC 2.67%
PACIFICA INC 2.63%
BELMONT INC 2.34%
BRISBANE INC 2.15%
ATHERTON INC 1.85%
EAST PALO ALTO INC 1.73%
HILLSBOROUGH INC 1.58%
HALF MOON BAY INC 1.25%
WOODSIDE INC 1.24%
PORTOLA VALLEY INC 0.60%
COLMA INC 0.56%
Total 100%
2025 Peninsula Clean Energy Voting Shares Distribution
Twelve Months Ended December 2024
Service Territory Distribution Weight (%)
REDWOOD CITY INC 12.66%
SO SAN FRANCISCO INC 12.63%
SAN MATEO INC 12.35%
MENLO PARK INC 7.86%
DALY CITY INC 7.12%
UNINC SAN MATEO CO 6.30%
FOSTER CITY INC 5.51%
BURLINGAME INC 5.40%
SAN CARLOS INC 4.47%
SAN BRUNO INC 3.78%
LOS BANOS INC 3.64%
PACIFICA INC 2.72%
BELMONT INC 2.45%
MILLBRAE INC 2.20%
BRISBANE INC 2.06%
ATHERTON INC 1.82%
EAST PALO ALTO INC 1.78%
HILLSBOROUGH INC 1.60%
HALF MOON BAY INC 1.33%
WOODSIDE INC 1.13%
PORTOLA VALLEY INC 0.64%
COLMA INC 0.55%
Total 100%
ATTACHMENTS:

Item 03.3 - Draft - JPA Voting Shares Exhibits_C_and_D.docx 8 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

APPROVAL OF THE PCE JOINT POWERS AUTHORITY AGREEMENT WEIGHTED VOTING SHARES ALLOCATION FOR 2026
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, State of California, that
WHEREAS, the Joint Powers Authority Agreement creating Peninsula Clean Energy Authority includes a weighted voting option; and
WHEREAS, the voting share allocation shall be updated annually based on energy sales; and WHEREAS, Peninsula Clean Energy Authority staff has re-calculated the weighted voting allocation based on 2025 PCE energy sales to member jurisdictions.

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board adopt the updated voting shares allocation and replace the existing Exhibit C to the Joint Powers Authority Agreement with the revised Exhibit C prepared by Peninsula Clean Energy staff and attached hereto. 9 Exhibit C
Annual Energy Use and Voting Shares

ANNUAL ENERGY USE WITHIN PENINSULA CLEAN

ENERGY JURISDICTIONS AND VOTING SHARES
Twelve Months Ended December 2025
Party Voting Share
SO SAN FRANCISCO INC 14.17%
SAN MATEO INC 12.39%
REDWOOD CITY INC 12.32%
MENLO PARK INC 7.43%
DALY CITY INC 7.03%
UNINC SAN MATEO CO 6.06%
FOSTER CITY INC 5.36%
BURLINGAME INC 4.95%
SAN CARLOS INC 4.39%
SAN BRUNO INC 4.02%
LOS BANOS INC 3.29%
MILLBRAE INC 2.67%
PACIFICA INC 2.63%
BELMONT INC 2.34%
BRISBANE INC 2.15%
ATHERTON INC 1.85%
EAST PALO ALTO INC 1.73%
HILLSBOROUGH INC 1.58%
HALF MOON BAY INC 1.25%
WOODSIDE INC 1.24%
PORTOLA VALLEY INC 0.60%
COLMA INC 0.56%
Total 100.00%
10 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Nelly Wogberg, Board Clerk
SUBJECT: Approval of Minutes from the January 22, 2026 Board of Directors Meeting Item No. 2

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Approval of Minutes from the January 22, 2026 Board of Directors Meeting.

ATTACHMENTS:
01-22-2026 BOD Draft Minutes.pdf
11 Regular Meeting of the Board of Directors of the
Peninsula Clean Energy Authority (PCEA)
Minutes
Thursday, January 22, 2026
6:30 p.m.

Zoom Video Conference and Teleconference

CALL TO ORDER
Meeting was called to order at 6:31 p.m. in virtual teleconference, in the Peninsula Clean Energy Authority lobby and in the Los Banos City Hall conference room A.

SWEARING IN OF NEW BOARD MEMBERS
Jennifer Stalzer, General Counsel, presided over the swearing in ceremony of new Board Member Noelia Corzo representing San Mateo County.

ROLL CALL
Participating:

Noelia Corzo, San Mateo County
Ray Mueller, San Mateo County
Rick DeGolia, Atherton
Tom McCune, Belmont
Coleen Mackin, Brisbane
Donna Colson, Burlingame, Chair
Ken Gonzalez, Colma
Roderick Daus-Magbual, Daly City
Patrick Jonsson, Half Moon Bay
Leslie Ragsdale, Hillsborough
Betsy Nash, Menlo Park
Anders Fung, Millbrae
Elmer Martinez Saballos, Redwood City
Marty Medina, San Bruno, Vice Chair
John Dugan, San Carlos
Adam Loraine, San Mateo
James Coleman, South San Francisco
Hassan Aburish, Woodside

Absent:

Mark Dinan, East Palo Alto
Stacy Jimenez, Foster City
Michael Amabile, Los Banos
Christine Boles, Pacifica
Craig Taylor, Portola Valley
A quorum was established.

PUBLIC COMMENT
None

ACTION TO SET THE AGENDA AND APPROVE REMAINING CONSENT AGENDA ITEMS Public Comment: None
12 MOTION: Director Mackin moved, seconded by Director Nash to set the Agenda, and approve Agenda Item Numbers 1-5.

1. Approval of an Amendment to Increase the Comprehensive Agreement with Keyes & Fox LLP by $60,000 for an Amount Not-to-Exceed $411,000 through May 22, 2026

2. Authorize Program Spending in an Amount Not-to-Exceed $750,000 in Customer Incentives with ChargeLink as part of PCE's EV Ready Program

3. Approval of the Establishment of a Purchasing Agent for Peninsula Clean Energy Pursuant to Government Code Section 25500, Delegation of Purchasing Agent Authority to the Chief Executive Officer, and Amendments to Policy 14 to Reflect the Same.

4. Approval of the 2026 Legislative and Regulatory Policy Platform

5. Approval of Minutes from the December 18, 2025 Board of Directors Meeting.

MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Dinan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 18 5

REGULAR AGENDA
13 6. Chair Report (Discussion)
Chair Colson gave a report noting that the Ad Hoc Nominating Committee members will be Director Colson, Director DeGolia and Director Nash.

7. CEO Report (Discussion)
Shawn Marshall, Chief Executive Officer, gave a report that highlighted key agency updates, including welcoming new board members, announcing the first Community Feedback Forum in March, an update on the 10-year anniversary and rebranding effort, and signing the new office lease. She also outlined board expectations and governance priorities, along with planned 2026 Board education opportunities.

Mike Mielke, Senior Manager, Legislative Policy, gave a brief legislative update.

8. Presentation on PCE’s 2026 Agency Goals (Discussion) Shawn Marshall, Chief Executive Officer, gave a presentation on the agency goals for 2026. Sara Maatta, Senior Manager, Power Resources, and Shalini Swaroop, Chief Operating Officer, answered questions from the Board.

9. Approval of two Resolutions Relating to California Community Power (CC Power) that:

A) Directs the Chief Executive Officer to Vote, as a Director on the CC Power Board of Directors, to Approve the Resource Adequacy and TB4 Agreement Between CC Power and GEM A-CAES LLC and any Necessary Ancillary Documents for the Willow Rock Energy Storage Center Project with a Delivery Term of Twenty (20) Years Starting at the Commercial Operation Date on or About December 31, 2030, and;
B) Delegates Authority to the Chief Executive Officer to execute the Following Agreements and any Necessary Ancillary Documents, for the Willow Rock Energy Storage Center Project, in an Amount Not-to-Exceed $99 Million: i) Project Participation Share Agreement Between Peninsula Clean Energy Authority, CC Power, and Other Participating Community Choice Aggregators; and ii) Buyer Liability Pass-Through Agreement Between Peninsula Clean Energy Authority, CC Power, and GEM A-CAES LLC (Action)
Sara Maatta, Senior Manager, Power Resources, gave a presentation on the two Resolutions relating to CC Power.

Public Comment: None
MOTION: Director Dugan moved, seconded by Director Corzo to:

A: Approve resolution directing the Chief Executive Officer to vote, as a director on the California Community Power Board of Directors, to approve the Resource Adequacy and TB4 Agreement between California Community Power and GEM A-CAES LLC and any necessary ancillary documents for the Willow Rock Energy Storage Center Project (Project) with a delivery term of twenty (20) years starting at the Commercial Operation Date on or about December 31, 2030. 14 MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

B: Approve resolution delegating Authority to the Chief Executive Officer to execute the following Agreements and any necessary ancillary documents, for the same aforementioned Project, in an amount Not-to-Exceed $99 Million: i) Project Participation Share Agreement (PPSA) between Peninsula Clean Energy Authority, California Power, and other Participating Community Choice Aggregators (CCAs); and ii) Buyer Liability Pass-Through Agreement (BLPTA) between Peninsula Clean Energy Authority, California Community Power, and GEM A-CAES LLC.

MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
15 Daly City Director Daus-Magbual X
East Palo Alto Director Dinan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 18 5

10. Updates to Peninsula Clean Energy Public Meetings Under Senate Bill 707, Open Meetings:

Meeting and Teleconference Requirements, and the Approval of a Resolution Authorizing Teleconferencing for the Board of Directors and Authorizing Remote Participation for Subsidiary Bodies (Action)
Jennifer Stalzer, General Counsel, gave a presentation on updates to the Brown Act under Senate Bill 707.

Public Comment: None
MOTION: Director Fung moved, seconded by Director Loraine to Approve a Resolution Authorizing Teleconferencing for the Board of Directors and Authorizing Remote Participation for Subsidiary Bodies.

MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Dinan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
16 Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 18 5

11. Approval of Updates to Peninsula Clean Energy's Rates (Action) Justin Kudo, Associate Director of Rates and Strategic Analysis, gave a presentation on an update to Peninsula Clean Energy’s rates.

Public Comment: None
MOTION: Director Coleman moved, seconded by Director Mackin to Approve staff's proposal to reduce ECOplus rates by 47% to a system average of $0.066/kWh effective February 1, 2026, subject to a minimum rate of $0/kWh, resulting in a net 10% discount to PG&E generation rate. Additionally, direct staff to establish a temporary $0.016/kWh Rate Stabilization Credit for customers on the 2021 and 2022 Power Charge Indifference Adjustment (PCIA) Vintages.

MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Dinan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
17 Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 18 5

12. 2026 Marketing Update Regarding Rebrand and 10-Year Anniversary and Approval of an Agreement with Good Stuff Partners in an Amount Not-to-Exceed $788,950 with a Term Through December 31, 2026 (Action)
Gwen Rose, Director of Marketing and Community Relations, gave a presentation with an update on Peninsula Clean Energy’s rebrand and 10-year anniversary plans, and an agreement with Good Stuff Partners.

Public Comment: None
MOTION: Director Ragsdale moved, seconded by Director Dugan to Receive marketing update and delegate authority to the Chief Executive Officer to finalize and execute an agreement with Good Stuff Partners in an amount not-to-exceed $788,950 with a term through December 31, 2026.

MOTION PASSED: 18-0 (Absent: East Palo Alto, Foster City, Los Banos, Pacifica, Portola Valley)

JURISDICTION BOARD MEMBER YES NO ABSTAIN ABSENT
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Dinan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
18 San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total 18 5

13. Board Members’ Reports (Discussion)
Chair Colson noted that Form 700s will be due soon.

ADJOURNMENT
Meeting was adjourned at 8:56 p.m.
19 20

ROLL CALL TABLE
TIME:

UNMUTE ROOM – ANNOUNCE TO BOARD

RESUME RECORDING
Wait for Chair to start meeting and ask for roll call: 6:31 “When I call your jurisdiction, please state your name”

JURISDICTION BOARD MEMBER PRESENT ABSENT ALTERNATE
San Mateo County Director Corzo X
San Mateo County Director Mueller X
Atherton Director DeGolia X
Belmont Director McCune X
Brisbane Director Mackin X
Burlingame Director Colson X
Colma Director Gonzalez X
Daly City Director Daus-Magbual X
East Palo Alto Director Barragan X
Foster City Director Jimenez X
Half Moon Bay Director Jonsson X
Hillsborough Director Ragsdale X
Los Banos Director Amabile X
Menlo Park Director Nash X
Millbrae Director Fung X
Pacifica Director Boles X
Portola Valley Director Taylor X
Redwood City Director Martinez Saballos X
San Bruno Director Medina X
San Carlos Director Dugan X
San Mateo Director Loraine X
South San Francisco Director Coleman X
Woodside Director Aburish X
Total
21 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Executive Committee FROM: Shawn Marshall, Chief Executive Officer
SUBJECT: CEO Report (Discussion)
Item No. 4

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
During the Board meeting, CEO Shawn Marshall will provide an update on a variety of PCE topics and upcoming events of interest.

PCE In the Community
2/28 Boys & Girls Club Open House & Social, Los Banos
3/4 SMCCCD Sustainability Center Ribbon-Cutting, San Mateo County 3/4 Community Feedback Forum on Resilience, San Mateo County 3/25 Sustainable San Mateo County Sustainability Awards, San Mateo County 3/26 Multi-family Building Electrification Summit, San Mateo County 3/28 Easter Egg Hunt, Los Banos
PCE Staffing Update
Open Positions
There are currently no open positions posted at PCE.
22 DATE: February 13, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Jana Kopyciok-Lande, Director of Innovation Strategy; Stephen Campbell, Senior Analyst, Innovation Strategy
SUBJECT: Briefing on Peninsula Clean Energy's Green Access Program (Discussion) Item No. 5

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
Peninsula Clean Energy’s mission is to reduce greenhouse gas emissions by expanding access to sustainable and affordable energy solutions. In 2018, PCE initiated customer and community programs, which have been developed within three major pillars: Building decarbonization, transportation decarbonization and distributed energy resources (DERs). In 2024, PCE created an Innovation Strategy (IS) department with the goal of pursuing advanced energy initiatives that support and grow PCE’s customer programs. One of the core goals of the IS department is to “explore business models to foster the development of front-of-the-meter distribution resources in PCE’s service area” as expressed in Goal 4 of PCE’s DER Framework 2025 – 2030, which was approved by this Board in April 2025. In pursuit of this goal, the Innovation Strategy department has recently assumed the administration of PCE’s Green Access Program, a community solar program benefitting low-income customers in PCE’s service area.
“Community Solar” refers to small scale solar systems in the range of 1 – 20 MWs that are connected directly to the utility’s distribution grid, and are therefore called “front of the meter (FTM) distribution resources.” Customers can subscribe to the community solar project and the load serving entity (LSE) virtually assigns the clean energy benefits of the project to the customer. This is particularly beneficial to customers who would like to use 100% renewable energy but cannot install solar on their own property (e.g, because they are a renter).

FTM distribution resources such as Community Solar stand in contrast to customer-sited DERs that are connected behind the customer’s meter (BTM) such as solar + storage resources installed under PCE’s Solar + Battery Savings program. These are also distinct from other utility-scale FTM solar systems procured by PCE’s Power Resources team that are usually connected to the transmission system and are much larger in scale. Hence, these FTM distribution resources are often referred to as “the missing middle”; i.e., resources that don’t fall under either of PCE's FTM (Power Resources) or BTM (Energy Programs) frameworks. In addition, community solar projects and other distribution resources tend to be expensive as 23 they are usually located closer to urban centers where land availability is restricted and more costly. As a result, distribution resources have historically been underused in California’s energy landscape, and they typically require a public mandate and funding stream to be built.

This briefing describes the history and context, as well as recent program modifications, of PCE’s existing community solar program, the Green Access Program (also called the Disadvantaged Communities Green Tariff (DAC-GT) program in regulatory terms).

DISCUSSION
Regulatory History
In 2013, Assembly Bill (AB) 327 (Perea) directed the California Public Utilities Commission (CPUC) to develop specific alternatives designed to increase adoption of renewable generation in disadvantaged communities (DACs). A DAC is defined as a community that is among the top 25 percent of census tracts statewide as identified by the CalEnviroScreen (CES) tool, which identifies areas in California that are disproportionally affected by pollution.[1] In June 2018, the CPUC published Decision ( D).18-06- 027, creating three new programs to increase access to solar for residents of DACs – the DAC Green Tariff (DAC-GT) program, the DAC Single-Family Solar Homes (DAC-SASH) program, and the Community Solar Green Tariff (CS-GT) program. Both the DAC-GT and CS-GT programs are intended to enable income-qualified, residential customers in DACs to access 100% renewable energy through a community solar project and receive a 20% discount on their electric bill.

Importantly, the CPUC authorized CCAs to offer their own DAC-GT and CS-GT programs to their customers and to request full cost recovery from the CPUC for the programs.

Subsequently, PCE launched the DAC-GT program in February 2022 under the customer-facing name “Green Access Program.” The CS-GT program was sunset by the CPUC in 2024 after it had been unable to effectively launch due to overly complex program rules.[2] Procurement of Community Solar Resources
The CPUC established a statewide capacity cap for the DAC-GT program in D.18-06-027 and allocated capacity to each participating program administrator (i.e., investor-owned utilities (IOUs) and CCAs) based on the number of eligible customers in their respective service areas. PCE initially received an allocation of 1.236 MW for the DAC-GT program which increased to 3.736 MW when Los Banos joined PCE’s service area in April 2022. In May of 2024, PCE received another allocation of 2.2725 MW when the CPUC expanded the DAC-GT program in D.24-05-065, for a total current capacity allocation of 6.008 MW for the program.

Importantly, that decision also allowed program administrators to procure battery energy storage alongside the Community Solar projects.

Program administrators such as PCE must develop new, “steel-in-the-ground” solar (or solar + storage) projects under the program that are up to 20 MW in size and are located in – or within 5 miles of – a DAC in the respective IOU’s service area. PCE ran the first request for proposal (RFP) for the DAC-GT program in November 2021 and procured the 3 MW Dos Palos project in Los Banos, which began delivering electricity in March of 2025. After the additional capacity allocation in D.24-05-065, PCE ran a second RFP for another 3 MW of capacity in the Fall of 2025. PCE is currently in the bid evaluation stage and staff is expected to bring the proposed power purchase agreement (PPA) to the Board by August 2026. 24 While PCE is developing new, dedicated community solar projects under the program, interim resources can be procured to enroll customers more quickly. Interim resources must meet all the requirements for dedicated solar resources and may only be used until the newly developed resources come online. PCE entered into a contract to procure interim resources from Marin Clean Energy (MCE) in November 2021. Amendments to this interim resource contract are being discussed at the Board meeting under a separate agenda item.

Customer Eligibility and Enrollment
The Green Access Program is available to low-income customers on CARE and FERA rates who receive generation services from PCE. Customers do not need to live close to the Community Solar project, they are eligible as long as they live in any DAC in PCE's service area. PCE can enroll customers up to the 6 MW capacity cap set by the CPUC. Eligible customers are auto-enrolled under the program for 20 years. To calculate how many customers can be enrolled at any time, PCE compares the load of participating customers against the electricity generation of the community solar resources and leaves a small buffer to prevent over-subscription.

At this time, PCE has approximately 2600 customers enrolled under the Green Access Program. These customers are dispersed geographically throughout the DACs in PCE’s service area in East Palo Alto, Los Banos, Menlo Park, Redwood City, San Bruno, San Mateo and South San Francisco.

Customer Benefits
Participating residential customers receive 100% renewable energy from the Community Solar project and receive an additional 20% discount off their electric bill for 20 years. The average customer discount is valued at approximately $375 per year. Since the program's inception in 2022, PCE has given almost $2.5 million in bill discounts to low-income customers throughout our service area.
[1] See more at https://oehha.ca.gov/calenviroscreen. In addition to the core metric of being in the top 25% per the CES tool, DACs are also defined by the 22 census tracts in the highest 5% of CES’ Pollution Burden that do not have an overall CES score because of unreliable socioeconomic or health data.
[2] See CPUC Decision (D.) 24-05-065

FISCAL IMPACT
The Green Access Program is funded through public purpose program (PPP) funds that are recovered through the IOU’s distribution rates. D.18-06-027 authorized CCAs to access PPP funds for their own DAC-GT programs, thereby granting CCAs full cost recovery for all program costs from the CPUC. Besides energy efficiency programs, the DAC-GT program is the only program where CCAs get full cost recovery from the CPUC for a customer energy program.

PCE submits an annual budget advice letter to the CPUC to forecast expected program costs for the upcoming calendar year and true-up actual costs from last year. Program expenses are 25 categorized into three main categories: (1) above-market generation costs; (2) customer bill discount costs; and (3) program administration costs (including staff and direct costs).

Customer bill discount and program administration costs are fully recoverable. For electricity generation costs, only the costs that are “above market” are recoverable via PPP funds. This means that PCE compares the generation costs of the Community Solar resources to the average generation costs to serve its residential customers on the EcoPlus rate. Only the delta between the two can be recovered from PPP funds.

PCE receives payment for forecasted costs ahead of time from PG&E on a quarterly basis.

Actual costs are trued up in the following year and incorporated into future quarterly payments.

STRATEGIC PLAN
The Green Access Program supports the following elements of PCE’s DER Framework 2025 - 2030:

Goal 4 – Explore business models to foster the development of front-of-the-meter Distribution Resources in PCE’s service area.
26 DATE: February 13, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Jana Kopyciok-Lande, Director of Innovation Strategy; Shayna Levia, Power Resources Analyst
SUBJECT: First Amendment to the Interim Resource Contract with Marin Clean Energy for the Green Access Program Increasing the Not to Exceed Amount to $11.5M and Extending the Term through December 31, 2030 (Action) Item No. 6

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Delegate authority to the Chief Executive Officer (CEO) to execute the First Amendment to the “WSPP Confirmation Bundled Renewable Energy Portfolio Content Category One (PCC1) Agreement” (Interim Resource Contract) with Marin Clean Energy (MCE) for an interim resource for the PCE Green Access Program, revising the contract not-to-exceed (NTE) amount to $11.5 Million and extending the contract term to December 31, 2030.

BACKGROUND
In June 2018, the California Public Utilities Commission (CPUC) published Decision ( D).18- 06- 027, creating a new program to increase access to solar for residents of disadvantaged communities (DACs) – the DAC Green Tariff (DAC-GT) program. DAC-GT enables income-qualified, residential customers in DACs to access 100% renewable energy through a community solar project and receive an additional 20% discount on their electric bill.

Importantly, the CPUC authorized community choice aggregators (CCAs) to offer their own DAC-GT programs to their customers and to request full cost recovery from the CPUC for the programs. In February 2022, Peninsula Clean Energy (PCE) launched the DAC-GT program under the customer-facing name “Green Access Program.”
PCE initially received an allocation of 1.236 MW for the DAC-GT program from the CPUC.

The capacity allocation was increased to 3.736 MW when Los Banos joined PCE’s service area in April 2022.

As part pf the DAC-GT program, PCE must develop new, “steel-in-the-ground” solar projects that are located in – or within 5 miles of – a DAC in the respective IOU’s service area. PCE ran the first request for proposal (RFP) for the DAC-GT program in November 2021 and procured the 3 MW Dos Palos project near Los Banos. This project began delivering electricity in March 2025. While PCE was developing the new dedicated solar resource for the program, 27 so called “interim resources” were used to enroll customers under the program more quickly.

This allowed customers to receive the discounted clean energy benefits of the program while the projects were being built. Interim resources must meet all the requirements for dedicated solar resources and may only be used until the dedicated resources come online.

PCE entered into a contract to procure an interim resource from Marin Clean Energy (MCE) in November 2021 with a term of five years (the “Interim Resource Contract”). Per PCE’s original procurement policy which has now evolved to Policy 23 (Energy Risk Policy[2]), the Board delegates authority to PCE’s CEO (now Risk Oversight Committee (ROC)) to approve energy procurement transactions with a term of five years or less. Hence, the initial Interim Resource Contract approved in 2021 was not brought to the PCE Board of Directors for approval. PCE now plans to build another solar project to fulfill the rest of its Green Access program capacity.

This proposed First Amendment would extend the contract term through December 31, 2030, resulting in a total contract term of approximately nine years. This contract would expire when PCE's forthcoming DAC-GT project begins delivering electricity, which is currently anticipated to occur in the 2029-2030 timeframe. Because the amended term exceeds five years, Board approval is now required.
[1] See CPUC Decision (D.) 24-05-065
[2] The full policy is available here: https://www.peninsulacleanenergy.com/wp-content/uploads/2025/02/Policy-23-Energy-Risk-Policy-November-2024.pdf

DISCUSSION
Original Interim Resource Contract
The original agreement with MCE was executed on November 29, 2021 for deliveries in years 2022 through 2027. Under the agreement, MCE agreed to sell and deliver renewable energy generated by a solar facility located in a designated DAC, with deliveries beginning upon notice from PCE and continuing for a five-year term unless earlier terminated in accordance with the contract.

The original agreement included a tranche-based structure that allowed PCE to phase in portions of the contract capacity over time to align with anticipated growth in the DAC-GT program, up to a total contract capacity of 3.736 MW (i.e. the program capacity cap allocated to PCE by the CPUC). The agreement requires MCE to deliver a fixed annual contract quantity, expressed in megawatt-hours, calculated based on the contract capacity times a specified capacity factor across all hours of the year. As of the 2023 calendar year, PCE has been receiving the maximum contract capacity of 3.74 MW from the “Goose Lake” solar project located in Lost Hills, California.

Recent Program Updates
In recent months, two program and regulatory changes prompted updates to the Interim Resource Contract. In May of 2024, the CPUC published D.24-05-065, expanding the DAC-GT program and increasing PCE’s capacity allocation by an additional 2.2725 MW for a total capacity allocation of 6.008 MW. Triggered by this capacity allocation increase, PCE ran a second RFP for another 3 MW of capacity in the fall of 2025. While this new dedicated resource is being procured and developed, PCE can continue to use interim resources to serve customers up to the full 6.008 MW capacity allocation immediately. This allows more 28 customers to access discounts as soon as possible. In addition, the 3 MW Dos Palos project started delivering electricity in March 2025, thereby reducing PCE’s need for capacity under the contract. In summary, PCE must adjust the capacity under the Interim Resource Contract to 3 MW (i.e., 6.008 MW program capacity allocation minus the dedicated Dos Palos resource of 3 MW).

Provisions of the First Amendment
In addition to the reduction in contract capacity to 3 MW described above, the primary changes to the Interim Resource Contract in the proposed First Amendment include:

Extension of the Delivery Term to December 31, 2030
Addition of the Corcoran Solar Facility, located in Corcoran, CA as a Generating Facility Allowing PCE to terminate the contract at the end of any calendar month with 180 days’ notice
The original agreement included an NTE amount of $8.4 million. With the proposed reduction in contract capacity and extension of the contract term, the revised total NTE under the amended agreement is $11.5 million. A portion of these costs is reimbursed to PCE by the CPUC as further described below.

FISCAL IMPACT
The Green Access Program is funded through public purpose program (PPP) funds that are recovered through the IOU’s distribution rates. D.18-06-027 authorized CCAs to access PPP funds for their own DAC-GT programs, thereby granting CCAs full cost recovery for all program costs from the CPUC. For electricity generation costs, only the costs that are “above market” are recoverable via PPP funds. This means that PCE compares the generation costs of the program’s solar resources to the average generation costs to serve its residential customers on the EcoPlus rate. Only the delta between the two can be recovered from PPP funds.

PCE receives payment for forecasted costs ahead of time from PG&E on a quarterly basis.

Actual costs are trued up in the following year and incorporated into future quarterly payments.

STRATEGIC PLAN
The Green Access Program supports the following elements of PCE’s DER Framework 2025 - 2030:

Goal 4 – Explore business models to foster the development of front-of-the-meter Distribution Resources in PCE’s service area.

ATTACHMENTS:

MCE_PCEA_Interim Resource Contract_Original Agreement_Public.pdf First Amendment to PCEA and MCE Confirmation_Public.pdf 29 RESOLUTION NO. _____________

PENINSULA CLEAN ENERGY AUTHORITY, COUNTY OF SAN MATEO, STATE OF

CALIFORNIA

FIRST AMENDMENT TO THE INTERIM RESOURCE CONTRACT WITH MARIN CLEAN

ENERGY FOR THE GREEN ACCESS PROGRAM INCREASING THE NOT TO EXCEED AMOUNT TO $11.5M AND EXTENDING THE TERM THROUGH DECEMBER 31, 2030 (ACTION)
RESOLVED, by the Peninsula Clean Energy Authority of the County of San Mateo, and the City of Los Banos, State of California (“Peninsula Clean Energy” or “PCE”), that WHEREAS, PCE was formed on February 29, 2016; and
WHEREAS, PCE is purchasing energy, renewable energy, carbon-free energy, resource adequacy and related energy market products and services to supply its customers; and WHEREAS, as a Program Administrator of the California Public Utilities Commission’s Disadvantaged Communities Green Tariff (DAC-GT) program, PCE is required to procure eligible renewable resources to serve program customers; and WHEREAS, PCE can serve customers with “interim resources” while it is procuring and developing dedicated, steel-in-the-ground resources for the program; and WHEREAS, PCE executed an initial Interim Resource Contract with MCE in November 2021 in the form of a Western Systems Power Pool (WSPP) Confirmation Bundled Renewable Energy Portfolio Content Category One (“PCC1”) Agreement, reference to which should be made for further particulars; and
WHEREAS, staff is presenting to the Board the First Amendment to the Interim Resource Contract to incorporate recent programmatic and regulatory changes; and WHEREAS, the Board wishes to delegate to the Chief Executive Officer authority to execute the First Amendment required for said purchase of renewable energy; and NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED that the Board delegates authority to the Chief Executive Officer to:

Execute the First Amendment to the WSPP Confirmation Bundled Renewable Energy Portfolio Content Category One (“PCC1”) Agreement with Marin Clean Energy for an interim resource for the PCE Green Access Program, revising the contract Not-to-Exceed amount to $11.5 Million and extending the contract term to December 31, 2030. 30 * * * * * *
31 Execution Version
1 WSPP CONFIRMATION

BUNDLED RENEWABLE ENERGY
PORTFOLIO CONTENT CATEGORY ONE (“PCC1”)
This confirmation (“Confirmation”) confirms the transaction between Marin Clean Energy, a California joint powers authority (“MCE” or “Seller”) and Peninsula Clean Energy Authority, a California joint powers authority (“PCEA” or “Buyer”), and each individually a “Party” and together the “Parties”, dated as of November 29, 2021 (the “Effective Date”), by which Seller agrees to sell and deliver, and Purchaser agrees to purchase and receive, the Product (the “Transaction”). This Transaction is governed by the WSPP Agreement dated August 12, 2021 and Exhibit A and Schedule R thereto, but none of the other exhibits, service schedules or other attachments thereto (the “WSPP Agreement”). The WSPP Agreement, this Confirmation, and any applicable appendices, exhibits or amendments hereto, shall be collectively referred to herein as the “Agreement” and will constitute a single agreement between the Parties with respect to the Transaction. Terms capitalized but not defined herein shall have the meaning as set forth in the WSPP Agreement, and if not defined in the WSPP Agreement, then in the CAISO Tariff.

The Parties agree as follows:

Seller: MCE Purchaser: PCEA
Product:
“Product” means Portfolio Content Category 1. “Portfolio Content Category 1” or “PCC1” means Energy, along with the associated RECs produced by the Generating Facility without substituting energy from another generating source (as defined by the CPUC in D.11-12-052), delivered on an hourly basis to the Delivery Point during the Delivery Term. The Product meets the RPS compliance requirements of California Public Utilities Code Section 399.16(b)(1) and CPUC Decision 11-12-052, as applicable to the Energy and RECs transferred hereunder. To the extent not inconsistent with the foregoing, the Product is a Firm Bundled REC as such is described under Section R-2.3.2 of WSPP Service Schedule R.

Contract Price:
“Contract Price” shall be equal to the PPA Price, less the CAISO Credit. “PPA Price” is equal to:
2022 – $134.29/MWh
2023 - $136.31/MWh
2024 - $138.35/MWh
Price shall increase by one and five-tenths percent (1.5%) per year for years beyond 2024.

Contract Capacity (MW):

Up to 3.74 MW total, comprised of
Tranche 1: 1.24 MW
Tranche 2: Up to 2.5 MW, the specific amount to be specified by Purchaser on or before the Start Date for Tranche 2
Contract Quantity (MWh):
“Contract Quantity,” in MWh per calendar year, is calculated by the Contract Capacity multiplied by thirty-one and eight-tenths percent (31.8%) multiplied by 8,760.

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 32 Execution Version
2 Tranche 1 Contract Quantity means 3,455 MWh per calendar year (1.24 X .318 X 8,760).

Tranche 2 Contract Quantity means the amount calculated via the same methodology as the Tranche 1 Contract Quantity once the Tranche 2 Contract Capacity is specified by the Purchaser, up to 6,964 MWh (2.5 X .318 X 8760) per calendar year for all contracted years.

With respect to Tranche 2, after Purchaser has specified the amount of the Tranche 2 Contract Capacity and Tranche 2 Contract Quantity (“Tranche 2 Amounts”), Purchaser shall have a one-time right, which must be exercised and commence no later than three hundred sixty-five (365) days after the Start Date for Tranche 2, to reduce the Tranche 2 Amounts (such reduced amounts, the “Revised Tranche 2 Amounts”).

To exercise this one-time right, PCEA shall advise MCE in writing with at least thirty (30) days’ prior notice of:

1. The Revised Tranche 2 Amounts; and

2. A Start Date for the Revised Tranche Amounts, which must satisfy both of the following requirements:
a. The Start Date for the Revised Tranche 2 Amounts shall begin on the first day of a subsequent calendar month;
and
b. The Start Date for the Revised Tranche 2 Amounts shall commence within three hundred sixty-five (365) days of
the initial Start Date for Tranche 2 Amounts.

For clarity, the Revised Tranche 2 Amounts, if the option to change the Tranche 2 Amounts is exercised, is not a retroactive adjustment, and Purchaser shall be obligated to pay for all Tranche 2 product generated in accordance with the initial Tranche 2 Amounts until the Start Date of the Revised Tranche 2 Amounts.

Delivery Term:

PCEA shall, with thirty (30) days’ advance written notice, advise MCE of the commencement of the Delivery Term as to (a) Tranche 1 and (b) Tranche 2 (each, a “Start Date”). With respect to Tranche 2, PCEA shall also notify MCE of the quantity of the Tranche 2 Amounts. The Delivery Term for Tranche 1 and, if applicable, Tranche 2, shall then commence uninterrupted until PCEA, with sixty (60) days’ advance written notice, advises MCE of the last day of the Delivery Term as to either or both of Tranche 1 and Tranche 2 (and absent such notice, five (5) years from the commencement of deliveries for each of Tranche 1 and Tranche 2, as applicable) (each, an “End Date”). For additional clarity, (i) PCEA may not exercise its rights as to Tranche 2 unless it has exercised its rights to Tranche 1, and (ii) PCEA may notify MCE of the Start Date for Tranche 2 and the Tranche 2 Amounts as of the Start Date for Tranche 1, or upon such later date, subject to the next paragraph.

Notwithstanding anything to the contrary herein, if the Start Date for Tranche 1 has not occurred within 365 days after the Effective Date, this Transaction shall terminate automatically without further action from either Party, and such termination shall be without liability to, or further obligation required from, either Party. If the Start Date for Tranche 2 has not occurred within 365 days after the Effective Date, all rights and DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 33 Execution Version
3 obligations with respect to Tranche 2 shall terminate automatically without further action of either Party, and MCE shall have no obligation to deliver, and PCEA shall have no obligation to purchase any output of the Generating Facility associated with the Tranche 2 Amounts.

Provision for Expansion of
Contract Quantity:

If during the Delivery Term, PCEA receives CPUC approval for additional DAC-GT capacity, PCEA shall have the option to request an increase in the Contract Capacity and Contract Quantity from the Generating Facility, which request shall be made in writing to MCE and specify the requested increase in the Contract Capacity and Contract Quantity and the proposed start date for such additional amounts.

Subject to MCE’s written consent, which shall not be unreasonably withheld if additional volumes are available from the Generating Facility, MCE agrees to provide such volumes pursuant to the terms and conditions of this Agreement and the definition of Contract Quantity under this Confirmation shall be automatically amended in accordance with MCE’s written acknowledgement of PCEA’s request.

Delivery Point: Generating Facility PNode (34702_GOSE LKE_115-B2) Generating Facility:

The Product is produced by the generating facility listed in Exhibit A: (i) which is certified as an ERR for the California RPS and registered with WREGIS, (ii) which is located in a disadvantaged community (“DAC”) as identified by California Environmental Protection Agency’s CalEnviroScreen 4.0 (or the latest version) tool, and (iii) from which Seller is entitled, pursuant to its agreements, to the output of the Energy and associated RECs, and such output is used to source the Product delivered hereunder during the Delivery Term (the “Generating Facility”). In addition, the Generating Facility either:
(i) has a first point of interconnection with a California balancing authority; or
(ii) has its first point of interconnection with distribution facilities used to serve end users within a California balancing authority area; or
(iii) the generation from the Generating Facility is scheduled into a California balancing authority without substituting electricity from any other source, provided that, if another source provides real-time ancillary services required to maintain an hourly or subhourly import schedule into the California balancing authority only the fraction of the schedule actually generated by the Generating Facility from which the electricity is procured may count toward this Product; or
(iv) the generation from the Generating Facility is scheduled into a California balancing authority pursuant to a dynamic transfer agreement between the balancing authority where the
Generating Facility is located and the California balancing authority into which the generation is scheduled.

Scheduling:

Seller or Seller’s designee shall schedule and deliver the Energy portion of the Product, on behalf of Purchaser, to the Delivery Point, in accordance with the requirements and the prevailing protocols of the DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 34 Execution Version
4 WECC and CAISO Tariff, as applicable. The Energy associated with the Product will be directly delivered from the Generating Facility on an hourly or sub-hourly basis to the Delivery Point without substituting electricity from another source (“Facility Energy”). Purchaser shall have no responsibility under this Agreement for any costs and expenses associated with the scheduling and delivery of the Facility Energy.

Eligibility:

Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a Change in Law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such Change in Law. [STC 6, Non-Modifiable. (Source: D.07-11-025, Attachment A.) D.08- 04-009] The aggregate “commercially reasonable efforts” expenditures for Eligibility, Transfer of RECS, and Change in Law Provisions (Section R-5.2.2(b)) are limited to the Capped Amount.

Transfer of RECs:

Transfer of Renewable Energy Credits. Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Term of this Agreement the Renewable Energy Credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a Change in Law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such Change in Law. [STC REC-1, Non-modifiable. D.11-01-025] Tracking of RECs in WREGIS. Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under this contract. [STC REC-2, Non-modifiable. D.11-01-025] The Transfer of RECs shall be made in accordance with the rules and regulations of WREGIS. Purchaser and Seller agree that the obligation to deliver RECs hereunder shall be evidenced by the delivery of WREGIS Certificates in WREGIS. Seller shall transfer WREGIS Certificates from its WREGIS account to Purchaser’s WREGIS account no later than April 15 following the end of each Reporting Year.

Payment:

Contract Price. Contract Price shall be calculated each month as follows:

Contract Price = PPA Price - CAISO Credit
Where:

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 35 Execution Version
5 “PPA Price” is equal to the applicable amount set forth on page 1 of this Confirmation, and
“CAISO Credit” means the average monthly Day-Ahead Market LMP at the Delivery Point, as published by the CAISO for the month in which the Energy associated with the Product was generated.

Payment: For each month during the Delivery Term, (a) Purchaser shall pay the applicable Contract Price multiplied by the portion of the Contract Quantity that has been delivered to Buyer hereunder and (b) Seller shall be entitled to retain all revenues (and will bear all costs) associated with delivery of the Product to the CAISO at the Delivery Point.

Monthly Invoice Timeline. The Parties hereby agree that all invoices under this Confirmation shall be due and payable on the later of (a) the twentieth (20th) day of the month following the month in which the energy component of Product was delivered, and (b) twenty (20) Calendar Days after Purchaser’s receipt of Seller’s invoice, provided that if such day is not a Business Day, then on the next Business Day. Seller’s invoice shall include a statement detailing the RECs conveyed via WREGIS (i.e., Facility Name, Vintage Month, CEC RPS ID, Contract Quantity and Contract Price).

Environmental Attributes:

All Attributes. The Product consists of all Green Attributes associated with the Contract Quantity. The Parties agree that the Product will be sourced only from the specific Generating Facility identified in the Confirmation with no substitutions.

Applicable Program:

State of California Renewable Portfolio Standard Program (hereinafter referred to as “California RPS”, “Renewables Portfolio Standards” or “RPS Program”), as codified at California Public Utilities Code Section 399.11, et seq., and requiring that a specified percentage of a retail seller’s retail sales should be supplied with electricity generated by eligible ERRs.

Tracking System: RECs associated with the Product shall be tracked using WREGIS.

Representations
and Warranties:

Seller represents and warrants to Purchaser that:
(i) Seller has the right to sell the Product from the Generating Facility;
(ii) Seller has not sold the Product or any REC or other attributes of the Product to be transferred to Purchaser to any other person or entity;
(iii) Energy and RECs to be purchased and sold pursuant to this Confirmation are not committed to another party;
(iv) The Product is free and clear of all liens or other encumbrances; and
(v) Seller will cooperate and work with Purchaser, the CEC, and/or the CPUC to provide any documentation required by the CPUC or CEC to support the Product’s classification as a Portfolio DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 36 Execution Version
6 Content Category 1 Product as set forth in California Public Utilities Code Section 399.16(b)(1).

Seller further represents and warrants to Purchaser that the Product sold by Seller is a resale of part or all of a contract between Seller and one or more third parties, and Seller represents, warrants and covenants that the resale complies with the following conditions in (i) through (iv) below as of the Effective Date and throughout the generation period:
(i) The original upstream third-party contract(s) meets the criteria of California Public Utilities Code Section 399.16(b)(1); (ii) This Confirmation transfers only electricity and RECs that have not yet been generated prior to the Effective Date;
(iii) The electricity transferred by this Confirmation is transferred to Purchaser in real time; and
(iv) If the Project has an agreement to dynamically transfer electricity to a California balancing authority, the Transactions implemented under this Confirmation are not contrary to any condition imposed by a balancing authority participating in the dynamic transfer arrangement.

Change in Law Provisions:

Seller shall use commercially reasonable efforts to obtain compliance with a Change in Law in the Applicable Program, provided that such costs should not be greater than $2,500 (the “Capped Amount”). If Seller’s costs for complying with a Change in Law in respect of the Product are reasonably expected to exceed the Capped Amount, Seller shall notify Purchaser of such, and, unless Purchaser agrees to pay such costs in excess of the Capped Amount, either Party may terminate this Transaction upon written notice to the other Party. This provision shall not apply to any Product that was Delivered and Accepted prior to any Change in Law if such Product complies with the California RPS that existed when it was Delivered and Accepted.

This Confirmation is executed for the express purposes of complying with the California RPS and Section 399.16(b)(1) of the California Public Utilities Code. The Parties acknowledge that the CEC and/or CPUC may be modifying mandatory contract language, altering the procurement and product qualification rules, and updating the relevant RPS Eligibility Guidebook in a manner consistent with that legislation.

If any statutes, rules, regulations, permits or authorizations are enacted, amended, granted or revoked which have the effect of changing the transfer and sale procedure set forth in this Confirmation so that the implementation of this Transaction becomes impossible or impracticable, or otherwise revokes or eliminates the California RPS or language required to conform to the California RPS, subject to Seller’s obligation to use commercially reasonable efforts to obtain compliance with a Change in Law up to the Capped Amount, the Parties hereto agree to negotiate in good faith to amend this Confirmation to conform with such new statutes, regulations, or rules in order to maintain the original intent of the Parties under this Agreement.

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 37 Execution Version
7 Audit/Review:

Each Party reserves the right to review during normal business hours and at its own expense, for up to two (2) years following delivery of the Product under this Confirmation, and with reasonable advance notice to the other Party, the records of the other Party to the extent reasonably necessary to verify the accuracy of any statement, charge or computation made pursuant to this Confirmation. In addition, during the Delivery Term and for a period of three (3) years after the Delivery Term, upon Purchaser’s reasonable request, Seller shall request pursuant to its upstream purchase contract (i) meter data from the Generating Facility related to the Product, (ii) if applicable, E-tag information related to the delivery of the Product to the CAISO or a California balancing authority, and (iii) any other records reasonably required to demonstrate that the Product has been conveyed and delivered in accordance with the terms and conditions of this Confirmation, including scheduling or delivery information necessary to meet the requirements of the California RPS Program.

Confidentiality:

The Parties acknowledge and agree that this Confirmation is subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.).

Notices: All notices provided in connection with this Confirmation shall be in accordance with Exhibit B.

Applicable Law/
Governing Law:

This Agreement and the rights and duties of the Parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each Party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this Agreement. [STC 17, (Source:

D.07-11-025, Attachment A.) D.08-04-009]
Amendments To WSPP
Agreement:

For this Transaction, the WSPP Agreement shall be amended as follows:
(a) Section 22.1 of the WSPP Agreement is modified by inserting the following new text at the end thereof:
“(f) the failure of the Defaulting Party to pay its debts generally as they become due or the Defaulting Party’s admission in a writing that is unable to generally pay its debts as they become due; (g) the institution, by the Defaulting Party, of a general assignment for the benefit of its creditors; or
(h) the application for, consent to, or acquiescence to, by the Defaulting Party, the appointment of a receiver, custodian, trustee, liquidator, or similar official for all or a substantial portion of its assets.”
(b) Section 22.2(b) of the WSPP Agreement is amended by inserting “and is continuing” after “Event of Default occurs” in the first line thereof and deleting the second sentence therein.
(c) Section 22.3(c) of the WSPP Agreement is amended by deleting the third sentence thereof and replacing it with the following:

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 38 Execution Version
8 “If the Non-Defaulting Party’s aggregate Gains exceed its aggregate Losses and Costs, if any, resulting from the termination of this Agreement or a Confirmation, the Termination Payment for all such Terminated Transactions shall be zero, notwithstanding any provision in this Section or Agreement to the contrary.” (d) In Section 22.3(e), delete the entire provision (including subsections) and replace it with the following: “[Intentionally omitted]”
(e) In Section 22.3(f), delete the entire provision and replace it with the following:
“If the Defaulting Party disagrees with the calculation of the Termination Payment and the Parties cannot otherwise resolve their differences, and provided that the Defaulting Party has paid the undisputed part of the Termination Payment to the Non-Defaulting Party as provided under Section 22.3(c), and that any amounts disputed by the Defaulting Party are disputed in good faith, then the Defaulting Party may submit the calculation issue to Dispute Resolution pursuant to Section 34.”
(f) Notwithstanding any other provision of the Agreement, Section 27 of the WSPP Agreement is not applicable to, and credit support is not required for either Party under this Confirmation.
(g) Section 28.1 of the WSPP Agreement shall be applicable and the Parties shall net monthly payments in accordance with Exhibit A of the WSPP. Both Parties intend for the netting provisions of Exhibit A to the WSPP Agreement to be effective on the
Confirmation Effective Date.
(h) Section 30 of the WSPP Agreement is amended by inserting at the end of Section 30.1(6) prior to the semicolon the following: “or to Deliver RECs pursuant to the requirements of WREGIS”.
(i) Section 30.1 of the WSPP Agreement is amended by inserting “or requested” after the word “required” in Section 30.1(4) and by adding the following at the end of the first sentence: “; or (8) to the Party’s and such Party’s affiliates’ lenders, counsel, accountants, advisors and agents who have a need to know such information and have agreed to keep such terms confidential”.
(j) Subsections 34.1 and 34.2 of the WSPP Agreement are hereby deleted and replaced with the following:
“34.1 INFORMAL DISPUTE RESOLUTION

IN THE EVENT OF ANY DISPUTE ARISING UNDER THIS
TRANSACTION, WITHIN TEN (10) DAYS FOLLOWING THE

RECEIPT OF A WRITTEN NOTICE FROM EITHER PARTY

IDENTIFYING SUCH DISPUTE, THE PARTIES SHALL

MEET, NEGOTIATE AND ATTEMPT, IN GOOD FAITH, TO

RESOLVE THE DISPUTE QUICKLY, INFORMALLY AND
INEXPENSIVELY. IF THE PARTIES ARE UNABLE TO

RESOLVE A DISPUTE ARISING HEREUNDER WITHIN
THIRTY (30) DAYS AFTER RECEIPT OF SUCH NOTICE,
DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 39 Execution Version
9 THEN EITHER PARTY MAY SEEK ANY AND ALL

REMEDIES AVAILABLE TO IT AT LAW OR IN EQUITY,

SUBJECT TO THE LIMITATIONS SET FORTH IN THIS
TRANSACTION.”
“34.2 EXCLUSIVE JURISDICTION

EACH PARTY SUBMITS TO THE EXCLUSIVE

JURISDICTION OF THE STATE OR FEDERAL COURTS

LOCATED IN SAN FRANCISCO, CALIFORNIA, FOR ANY

ACTION OR PROCEEDING RELATING TO THIS

AGREEMENT OR ANY TRANSACTION, AND EXPRESSLY

WAIVES ANY OBJECTION IT MAY HAVE TO SUCH

JURISDICTION OR THE CONVENIENCE OF SUCH
FORUM.”
(k) The phrase “arbitration or” is hereby deleted from the first line of Section 34.4.
(l) The following shall be inserted as a new Section 34.5:
“34.5 LIMITATION OF DAMAGES. EXCEPT AS

OTHERWISE SPECIFIED IN ANY CONFIRMATION, FOR

BREACH OF ANY PROVISION OF THIS CONFIRMATION

AGREEMENT FOR WHICH AN EXPRESS REMEDY OR

MEASURE OF DAMAGES IS PROVIDED, THE EXPRESS

REMEDY OR MEASURE OF DAMAGES PROVIDED IS THE

SOLE AND EXCLUSIVE REMEDY UNDER THIS

AGREEMENT AND THE AGREEMENT FOR THE BREACH,

LIABILITY FOR THE BREACH IS LIMITED AS SET FORTH

IN THE PROVISION AND ALL OTHER REMEDIES FOR
DAMAGES AT LAW OR IN EQUITY ARE WAIVED. EXCEPT

AS OTHERWISE SPECIFIED IN ANY CONFIRMATION, IF

NO EXPRESS REMEDY OR MEASURE OF DAMAGES IS

PROVIDED IN THIS AGREEMENT FOR A PARTICULAR

BREACH, LIABILITY FOR THE BREACH IS LIMITED TO

DIRECT DAMAGES ONLY, THE DIRECT DAMAGES ARE

THE SOLE AND EXCLUSIVE REMEDY UNDER THIS

AGREEMENT FOR THE BREACH, AND ALL OTHER

REMEDIES FOR DAMAGES AT LAW OR IN EQUITY ARE
WAIVED. EXCEPT AS OTHERWISE SPECIFIED IN ANY

CONFIRMATION, NEITHER PARTY IS LIABLE FOR ANY

OTHER TYPE OF DAMAGE, INCLUDING INCIDENTAL,

PUNITIVE, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR

INDIRECT DAMAGES OF ANY NATURE (INCLUDING

DAMAGES ASSOCIATED WITH LOST PROFITS, BUSINESS

INTERRUPTION AND LOSS OF GOODWILL) ARISING AT

ANY TIME, WHETHER IN TORT (INCLUDING THE SOLE

OR CONTRIBUTORY NEGLIGENCE OF EITHER PARTY OR

ANY RELATED PERSON), WARRANTY, STRICT

LIABILITY, CONTRACT OR STATUTE, UNDER ANY
INDEMNITY PROVISION, OR OTHERWISE.”
DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 40 Execution Version
10 (m) Section 37 of the WSPP Agreement is amended by inserting the following in the beginning of the section: “On the date of entering into this Confirmation,”.
(n) Section 41 “Witness” of the WSPP Agreement shall become Section 42 and the following “FERC Standard of Review; Mobile-Sierra Waiver” Section shall be substituted in its place:
“(a) Absent the agreement of all Parties to the proposed change, the standard of review for changes to any rate, charge, classification, term or condition of this Agreement, whether proposed by a Party (to the extent that any waiver in subsection (b) below is unenforceable or ineffective as to such Party), a non-party or FERC acting sua sponte, shall solely be the “public interest” application of the “just and reasonable” standard of review set forth in United Gas Pipe Line Co. v. Mobile Gas Service Corp., 350 U.S. 332 (1956) and Federal Power Commission v. Sierra Pacific Power Co., 350 U.S. 348 (1956) and clarified by Morgan Stanley Capital Group, Inc. v. Public Util. Dist. No. 1 of Snohomish, 554 U.S. 527 (2008), and NRG Power Marketing LLC v. Maine Public Utility Commission, 558 U.S. 527 (2010).
(b) In addition, and notwithstanding the foregoing
subsection (a), to the fullest extent permitted by applicable law, each Party, for itself and its successors and assigns, hereby expressly and irrevocably waives any rights it can or may have, now or in the future, whether under §§ 205 and/or 206 of the Federal Power Act or otherwise, to seek to obtain from FERC by any means, directly or indirectly (through complaint, investigation or otherwise), and each hereby covenants and agrees not at any time to seek to so obtain, an order from FERC changing any section of this Agreement specifying the rate, charge,
classification, or other term or condition agreed to by the Parties, it being the express intent of the Parties that, to the fullest extent permitted by applicable law, neither Party shall unilaterally seek to obtain from FERC any relief changing the rate, charge,
classification, or other term or condition of this Agreement, notwithstanding any subsequent changes in applicable law or market conditions that may occur. In the event it were to be determined that applicable law precludes the Parties from waiving their rights to seek changes from FERC to their market-based power sales contracts (including entering into covenants not to do so) then this subsection (b) shall not apply, provided that, consistent with the foregoing subsection (a), neither Party shall seek any such changes except solely under the “public interest” application of the “just and reasonable” standard of review and otherwise as set forth in the foregoing section (a).”
No Recourse to Members
of Purchaser and Seller:

Purchaser and Seller are each organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) and each is a public entity separate from its constituent members. Each Party will solely be responsible for all debts, obligations and liabilities accruing and arising DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 41 Execution Version
11 out of this Confirmation. Neither Party will have any rights and will not make any claims, take any actions or assert any remedies against any of the other Party’s constituent members, or the officers, directors, advisors, contractors, consultants or employees of the other Party or Party’s constituent members, in connection with this Confirmation.

Counterparts:

This Confirmation may be signed in any number of counterparts with the same effect as if the signatures to the counterparts were upon a single instrument. The Parties may rely on electronic or scanned signatures as originals under this Confirmation. Delivery of an executed signature page of this Confirmation by electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page.

Entire Agreement; No Oral
Agreements Or
Modifications:

This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire Agreement between the Parties relating to the contemplated purchase and sale of the Product.

Notwithstanding any other provision of the Agreement, this Confirmation may be entered into only by a Documentary Writing executed by both Parties, and no amendment or modification to this Confirmation shall be enforceable except through a Documentary Writing executed by both Parties.

Definitions/Interpretations:

For purposes of the Confirmation, the following definitions and rules of interpretations shall apply:
“Accepted” has the meaning set forth in the WSPP Agreement. “Applicable Law” means any statute, law, treaty, rule, tariff, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, or any binding interpretation of the foregoing, as any of them is amended or supplemented from time to time, that apply to either or both of the Parties, the Generating Facility, or the terms of the Agreement.
“Buyer” as used herein shall have the same meaning as “Purchaser” under the WSPP Agreement.
“CAISO” means the California Independent System Operator Corporation or any successor entity performing similar functions. “CAISO Tariff” means the California Independent System Operator Corporation Agreement and Tariff, Business Practice Manuals (BPMs), and Operating Procedures, including the rules, protocols, procedures and standards attached thereto, as the same may be amended or modified from time-to-time and approved by FERC. “CEC” means the California Energy Commission or any successor entity performing similar functions.
“Change in Law” has the meaning set forth under the WSPP Agreement.

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 42 Execution Version
12 “Contract Price” has the meaning set forth on page 1 of this Confirmation.
“Contract Quantity” has the meaning set forth on page 1 of this Confirmation.
“CPUC” means the California Public Utilities Commission or any successor entity performing similar functions.
“DAC-GT” means Disadvantaged Communities Green Tariff, a program initiated and managed by the CPUC in Decision (“D.”)18- 06-027.
“Day-Ahead Market” has the meaning set forth in the CAISO Tariff. “Delivered” has the meaning set forth in the WSPP Agreement. “Delivery Point” has the meaning set forth on page 1 of this Confirmation.
“Delivery Term” shall be the period beginning on the Start Date and ending on the End Date, as set forth on page 1 of this Confirmation, during which the Product was generated; provided that, for the sole purpose of matching delivery of RECs with Facility Energy, such period will extend through the date that all RECs associated with such Facility Energy have been delivered from Seller to Purchaser in accordance with this Confirmation.
“Energy” means electrical energy, measured in MWh.
“Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Project, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as:
(i) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon
monoxide (CO) and other pollutants;
(ii) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations
Intergovernmental Panel on Climate Change, or otherwise by law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere;
(iii) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local law, regulation or DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 43 Execution Version
13 bill, and international or foreign emissions trading program.

Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Energy.

Green Attributes do not include;
(i) any energy, capacity, reliability or other power attributes from the Project,
(ii) production tax credits associated with the construction or operation of the Project and other financial incentives in the form of credits, reductions, or allowances associated with the Project that are applicable to a state or federal income taxation obligation,
(iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Project for compliance with local, state, or federal operating and/or air quality permits.
“Locational Marginal Price” or “LMP” has the meaning set forth in the CAISO Tariff.
“PNode” has the meaning set forth in the CAISO Tariff.
“Project” as used herein has the same meaning as “Generating Facility.”
“REC” means a credit or certificate representing Green Attributes created by or resulting from the generation of one (1) megawatt hour of electric energy by an ERR.
“REC Vintage” means the date of Energy generation found on a WREGIS Certificate.
“Reporting Year” means the period beginning January 1 and continuing until December 31 of the subject year (e.g., Reporting Year 2021 means January 1, 2021 through December 31, 2021).
“WECC” means the Western Electricity Coordinating Council or its successor organizations.
“WREGIS” mean the Western Renewable Energy Generation
Information System, or any successor renewable energy tracking program.
“WREGIS Certificate” means a “Certificate” as defined by WREGIS in the WREGIS Operating Rules and designated by law as eligible for complying with the California RPS Program and for evidencing the RECs associated with the Product.
“WREGIS Operating Rules” means the operating rules and
requirement adopted by WREGIS, as amended from time to time.

DocuSign Envelope ID: 79B6D820-EB47-4156-979A-7DCDE66FAEA5 44 45
46 47
48 49
50 4
(iii) The execution, delivery and performance of this First Amendment shall not constitute a waiver of any provision of, or operate as a waiver of any right, power or remedy of any Party under the Confirmation.

3.2 Headings. Section headings herein are included for convenience of reference only and shall not constitute a part hereof for any other purpose or be given any substantive effect.

3.3 Applicable Law. THIS FIRST AMENDMENT AND THE RIGHTS AND DUTIES OF

THE PARTIES HEREUNDER SHALL BE GOVERNED BY AND CONSTRUED, ENFORCED

AND PERFORMED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. TO THE

EXTENT ENFORCEABLE AT SUCH TIME, EACH PARTY WAIVES ITS RESPECTIVE

RIGHT TO ANY JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING UNDER OR IN CONNECTION WITH THIS FIRST AMENDMENT.

3.4 Counterparts. This First Amendment may be executed in any number of counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts together shall constitute but one and the same instrument. Delivery of an executed counterpart of this First Amendment by fax or other electronic means shall be deemed as effective as delivery of an originally executed counterpart. Any Party delivering an executed counterpart of this First Amendment by facsimile or other electronic means shall also deliver an originally executed counterpart, but the failure of any Party to deliver an originally executed counterpart of this First Amendment shall not affect the validity or effectiveness of this First Amendment.

3.5 Binding Agreement. This First Amendment shall be binding upon, and inure to the benefit of, the Parties hereto and their respective successors and assigns.

3.6 Entire Agreement; Amendments or Modifications. The Confirmation, together with any appendices, schedules, and any written supplements thereto, as amended and supplemented by this First Amendment, constitutes the entire agreement between the Parties relating to the subject matter hereof and shall supersede all other prior and contemporaneous understandings or agreements, both written and oral, between the Parties relating to the subject matter thereof. This First Amendment may only be amended or modified in writing signed by each of the Parties.

3.7 Construction; Joint Effort. Any term and provision of this First Amendment shall be construed simply according to its fair meaning and not strictly for or against any Party. This First Amendment shall be considered for all purposes as prepared through the joint efforts of the Parties and shall not be construed against one Party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution hereof.

3.8 Notice. Any written Notice required to be given under the terms of this First Amendment shall be given in accordance with the terms of the Confirmation.

3.9 Effective Date. This First Amendment shall be deemed effective as of the date which is the last dated signature to this First Amendment.
[Signatures appear on the following page.]
51 IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly executed and delivered by their respective officers thereunto duly authorized as of the dates indicated below their respective signatures.

PENINSULA CLEAN ENERGY AUTHORITY, a
California joint powers authority
as Purchaser
By: _____________________________________
Name: Shawn Marshall
Title: Chief Executive Officer
Date:________________

MARIN CLEAN ENERGY,
a California joint powers authority
as Seller
By: ____________________________________
Name: Dawn Weisz
Title: Chief Executive Officer
Date: ________________
By:_______________________________________
Name:

Title: MCE Technical Committee Chair
Date:__________________
52 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: Majority Vote
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Director DeGolia, Director Colson, Director Nash, Nominating Committee SUBJECT: Selection of Board of Directors Chair and Vice Chair (Action) Item No. 7

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

RECOMMENDATION
Nominations for Peninsula Clean Energy's Board of Directors Chair and Vice Chair.

DISCUSSION
Honorable Colleagues,
The Board-appointed Nominating Committee invited Board members to submit nominations and expressions of interest for the positions of Chair and Vice Chair. Director Marty Medina expressed interest in serving as Chair, and Director Leslie Ragsdale expressed interest in serving as Vice Chair. We are pleased to bring forward their nominations for your consideration.

Director Medina has been actively engaged with Peninsula Clean Energy for several years and currently serves on the Executive Committee and as Vice Chair. He has participated in numerous ad hoc committees and working groups during his tenure and has provided active support for PCE at local community events and in the San Bruno school community. He consistently demonstrates thoughtful leadership, collaboration, and a strong commitment to PCE’s mission. His experience and steady approach position him well to serve as Chair of the Board.

Director Ragsdale currently serves on the Executive Committee and has been an engaged and dedicated member of the Board, including as a liaison to the Community Advisory Committee. She has participated in numerous ad hoc committees and working groups and has brought valuable perspective and steady leadership to Board discussions and decision-making. Her commitment to public service and to advancing PCE’s strategic priorities makes her well suited to serve as Vice Chair.

We appreciate everyone who participated in or expressed interest in this process and encourage continued engagement in PCE’s important work. We are honored to recommend Director Medina and Director Ragsdale to serve as Chair and Vice Chair, respectively. 53 Thank you!
Nominating Committee:

Rick DeGolia, Atherton
Donna Colson, Burlingame
Betsy Nash, Menlo Park
54 DATE: February 17, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Mike Mielke, Sr. Manager Legislative Policy
SUBJECT: February 2026 Legislative Policy Overview
Item No. 9

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
This memorandum provides an overview of the latest developments from Sacramento and Washington, D.C., summarizing key political shifts, leadership changes, and policy priorities as the 2026 legislative session continues to unfold.

DISCUSSION
SACRAMENTO – Key Developments
Budget Outlook: California’s state budget drives the legislative session because it is the only constitutionally required bill and sets the fiscal guardrails for every policy decision, determining which proposals advance and which stall. Governor Newsom’s January proposal projects an approximately $3 billion General Fund shortfall, while the Legislative Analyst’s Office projects a significantly larger structural gap. No major new energy spending was proposed; focus remains on deficit management and program oversight. The May Revision is critical because it incorporates updated April tax receipts, which often materially change the deficit outlook and reset legislative leverage.

Energy Affordability – Round Two : Legislative leaders are signaling renewed efforts to address electricity affordability, including potential changes to cost allocation, fixed charges, and program oversight. PCE will remain vigilant against proposals that centralize authority or shift Investor Owned Utility (IOU) costs onto Community Choice Aggregator (CCA) customers.

PCIA Transparency: CalCCA is advancing legislation AB 1761 (Rogers) that strengthens Power Charge Indifference Adjustment (PCIA) transparency by requiring the California Public Utilities Commission (CPUC) to disclose all underlying data used to calculate IOU cost-recovery charges, giving CCAs and ratepayer advocates timely access to the information needed to assess forecasts, challenge assumptions, and protect customers from unjustified rate impacts. The Power Charge Indifference Adjustment (PCIA) is an exit fee charged to customers who leave an investor-owned utility for a CCA to ensure remaining utility customers are not left paying for above-market legacy power contracts. 55 RA Transactability: CalCCA is also advancing legislation to allow Load Serving Entities (LSEs) to trade hourly Resource Adequacy (RA) obligations under the new Slice-of-Day framework, reducing artificial market scarcity and lowering costs while maintaining reliability.

Had this flexibility been in place in 2025, ratepayer savings could have reached an estimated $145–$179 million.

Note: As of this writing, as of this writing the bill has an author (Padilla, D-San Diego), but not a number.

Transmission Planning: Early discussions continue around modernizing long-term transmission planning to better account for uncertainty and load growth. This remains strategically important for affordability, reliability, and clean energy deployment.

New Senate Leadership: Senator Monique Limón (D-Santa Barbara), now leads the Senate.

Senator Ben Allen chairs Energy, Utilities & Communications, and Senator Eloise Gómez Reyes (District-San Bernardino) chairs Budget Subcommittee No. 2 (Energy & Resources).

Committee dynamics may influence energy and affordability debates this year.

WASHINGTON, D.C. – Key Developments
Congress has largely completed appropriations for most of the federal government for FY 2026, with a roughly $1.2 trillion package signed into law in early February that funds most agencies through September 30. However, funding for the Department of Homeland Security (DHS) became a sticking point when the Senate failed to advance its standalone FY 2026 appropriations bill amid partisan disputes over immigration enforcement reforms; as a result, DHS funding lapsed and the department has entered a partial shutdown, with many operations running but without appropriations in place. Core border and enforcement functions like Immigration and Customs Enforcement (ICE) and (Customs and Border Protection) CBP remain funded under prior law, but agencies such as the Transportation Security Administration (TSA), Federal Emergency Management Agency (FEMA), and other DHS components face disruptions, and lawmakers are in recess with negotiations ongoing toward a new funding deal.

Endangerment Finding: The Administration issued a final rule repealing the endangerment finding, effectively terminating Federal rules that limit vehicle greenhouse gas (GHG) emissions. As of the date of preparation of this report, the text of the official repeal hasn't yet been released.

FEOC Guidance: Treasury and the IRS have now issued initial interim guidance (Notice 2026-15) implementing the Prohibited Foreign Entity (PFE) provisions that replaced the earlier Foreign Entity of Concern (FEOC) framework and directly affect eligibility for key federal clean electricity tax credits (§45Y, §48E and §45X). The notice provides preliminary “material assistance” safe harbors and reliance rules that offer near-term compliance pathways for project developers and credit purchasers, reducing some of the financing uncertainty that has persisted since enactment. PFE refers to a company or organization that is owned, controlled, or significantly influenced by a foreign government identified as a national security concern, and therefore restricted from participating in certain energy projects, contracts, or receiving public funds under federal or state law. This guidance is not yet final and full regulatory implications are still unfolding.

Data Centers: Politico is reporting (https://www.politico.com/news/2026/02/09/trump-administration-eyes-data-center-agreements-amid-energy-price-spikes-00772024) that the White House is preparing a "voluntary compact" with big tech companies on data centers. It's 56 essentially a public commitment to not raise household electricity prices and limit water use in exchange for accelerated interconnection, although the proposed agreement is still in draft form and it's unclear which companies have been invited to join or whether any of them have agreed to it. My read is this is a public relations/messaging play for the Administration and big tech to show they are "committed" to affordability and to soften local community opposition to data center development. Either way, something to keep track of should this progress and become a formal agreement.

Staff will continue active engagement through our state and federal trade associations California Community Choice Association (CalCCA) and Local Energy Aggregation Network (LEAN), respectively, and direct legislative outreach to protect CCA autonomy, advance affordability, and support reliable, cost-effective clean energy deployment.

ATTACHMENTS:

February 2026 Bill Matrix.docx
57 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 1 Bill Summary Status PCE
Position
CalCCA
Position
Comments
AB 1761 (Rogers)
PCIA Data
Transparency
Current law authorizes the Public Utilities
Commission to fix the rates and charges for
every public utility and requires that those rates
and charges be just and reasonable. This bill
would require the commission to ensure that all
data relied on in any decision or ruling, or in any
proposal or analysis provided by an electrical
corporation, the commission’s staff, or any
other party, for the determination or
application of a calculation methodology for any
charge imposed on customers of a load-serving
entity to recover the cost of contracts or
resources owned by an electrical corporation or
any value derived from that calculation is made
available to load-serving entities and ratepayer
advocates on behalf of customers.

Awaiting
Committee Referral
Sponsor This is CalCCA’s
recently
introduced
legislation to
increase data
transparency on
PCIA inputs.

AB 1787 (Schultz)
Option Dynamic
Rate Tariff
Current law requires each IOU to identify a
separate rate component to fund certain
programs that enhance system reliability and
provide in-state benefits, and requires that the
rate component be a nonbypassable element of
the local distribution service. This bill would
require a large electrical corporation, if the PUC
approves the IOU’s request to upgrade its smart
meter infrastructure and related information
management and billing systems on or after
Awaiting
Committee Referral
58 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 2 Bill Summary Status PCE
Position
CalCCA
Position
Comments
January 1, 2027, to offer to each of its
customers from whom the incremental costs of
those upgrades are recovered at least one
optional dynamic rate tariff upon the upgraded
smart meter infrastructure being placed into
service and its costs being recoverable in rates,
as specified.

AB 1849 (Papan)
Decarbonized
Gaseous Fuels
Current law regulates the emission of air
contaminants, including the oxides of nitrogen,
into the atmosphere. Current law generally
vests regulatory jurisdiction over stationary
sources of air pollution to the air pollution
control districts and air quality management
districts and regulatory jurisdiction over mobile
sources of air pollution to the California Air
Resources Board (CARB). This bill would require,
on or before December 31, 2027, CARB to
conduct an assessment of the amount of
decarbonized gaseous fuels that will be needed
to decarbonize hard-to-electrify sectors and
maintain reliability in the electricity sector. The
bill would require the assessment to include an
assessment of the need for decarbonized
gaseous fuels in each hard-to-electrify sector.

Awaiting
Committee Referral
SB 222 (Wiener) The bill would require a city, county, or city and county, beginning July 1, 2027, to adopt and
offer asynchronous inspections for installations
Passed the Senate,
Awaiting
This bill is co-sponsored by
SPUR, Bay Area Air
59 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 3 Bill Summary Status PCE
Position
CalCCA
Position
Comments
Residential Heat
Pump Systems:

Water Heaters and
HVAC: Permit
Streamlining
of residential heat pump water heater or heat
pump HVAC systems, as defined, that do not
require a licensed contractor and building
inspector to be simultaneously present during
the inspection. The bill would authorize a
building inspector to contact the licensed
contractor who performed the installation by
telephone call or real-time video conferencing
during their inspection, and, if the building
inspector determines during an asynchronous
inspection that there is an issue with an
installation of the heat pump water heater or
heat pump HVAC system and that the licensed
contractor who performed the installation must
be present to perform tests or cure the
installation, to require the licensed contractor
who performed the installation to schedule an
additional inspection in which the building
inspector and the licensed contractor who
performed the installation are required to be
simultaneously present during the additional
inspection.

Committee Referral
in the Assembly
District, and
Building Decarb
Coalition
SB 868 (Wiener)
Portable Solar
Generation Devices
Current law vests the Public Utilities
Commission with regulatory authority over
public utilities, including IOUs, while local
publicly owned electric utilities are under the
direction of their governing boards. This bill
Awaiting Hearing in
Senate Committee
on Energy, Utilities,
& Communications
60 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 4 Bill Summary Status PCE
Position
CalCCA
Position
Comments
would exempt a portable solar generation
device, as defined, from all interconnection
requirements imposed by state law, the
commission, electrical corporation rules, or local
publicly owned electric utility rules, as specified.

Also Referred to
Senate Committee
on Judiciary
SB 886 (Padilla)
Data Center Rates
Current law authorizes the Public Utilities
Commission to fix the rates and charges for
every public utility and requires that those rates
and charges be just and reasonable. This bill, the
California Technology Innovation and Ratepayer
Protection Act, would require the commission,
on or before July 1, 2027, to establish or modify
an IOU tariff for the interconnection of the
participating customer facilities and the
transmission, distribution, and generation
services to participating customers, as specified.

The bill would require the commission, as part
of establishing or modifying the electrical
corporation tariff, to, at a minimum, establish
eligibility criteria for large load customers, as
defined, and facilities, evaluate the risks and
benefits of this tariff to nonparticipating
ratepayers, and ensure that the tariff prevents
the creation of stranded costs for, or cost shifts,
to nonparticipating ratepayers.

Awaiting Hearing in
Senate Committee
on Energy, Utilities,
& Communications
61 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 5 Bill Summary Status PCE
Position
CalCCA
Position
Comments
SB 943 (Becker)
Industrial
Customers
Transmission
Charges
Current law authorizes the Public Utilities
Commission to fix the rates and charges for
every public utility and requires that those rates
and charges be just and reasonable. This bill
would authorize the commission to direct an
electrical corporation with more than 100,000
service connections in California, when billing an
industrial customer for separately metered new
load to provide industrial process heat, to apply
an adjustment factor to the per kilowatthour
rate so as to limit the nonbypassable charge
ratio, as specified, in furtherance of facilitating
electrification of industrial energy use.

Awaiting Hearing in
Senate Committee
on Energy, Utilities,
& Communications
SB 978 (Pérez)
Data Centers Rates
Would require the Public Utilities Commission
(PUC) to establish a special rate structure for
large-scale energy users, who would be defined
as customers of electrical corporations
operating facilities with operational
requirements of at least 75 megawatts of
electricity, to protect other customers of
electrical corporations, prevent cost shifts to
those other customers, and require large-scale
energy users to pay for the electrical
corporations’ upfront costs of transmission or
distribution infrastructure upgrades necessary
for the provision of electrical service to those
users. The bill would require the construction of
Awaiting Hearing in
Senate Committee
on Energy, Utilities,
& Communications
62 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 6 Bill Summary Status PCE
Position
CalCCA
Position
Comments
those facilities to comply with certain labor
requirements.

SB 1048 (Becker)
State Seal of
Climate Literacy
Would establish the State Seal of Climate
Literacy to recognize high school graduates who
have demonstrated mastery in climate literacy
disciplines and have attained green skills or
technical green skills, as defined. The bill would
require the Superintendent of Public Instruction
to, among other things, prepare and deliver to
participating local educational agencies an
appropriate insignia to be affixed to the diploma
or transcript of the pupil indicating that the
pupil has been awarded a State Seal of Climate
Literacy by the Superintendent. The bill would
make a local educational agency’s participation
in awarding the State Seal of Climate Literacy
voluntary. For a local educational agency that
chooses to participate, the bill would require
the local educational agency to (1) award a
State Seal of Climate Literacy to a pupil that
successfully completes at least 2 courses in the
area of climate literacy and a climate literacy
final experiential learning project that focuses
on the effects of climate change in the pupil’s
local community, as provided, (2) maintain
appropriate records in order to identify pupils
who have earned a State Seal of Climate
Awaiting
Committee Referral
63 Status of 2026 Legislative Session Bills
As of February 16, 2026
With Peninsula Clean Energy and CalCCA Adopted Positions 7 Bill Summary Status PCE
Position
CalCCA
Position
Comments
Literacy, and (3) on or before July 1, 2027, and
on or before July 1 of each year thereafter,
provide specified data to the State Department
of Education. The bill would require the
department, on or before October 1, 2027, and
on or before October 1 of each year thereafter,
to submit a report to the Legislature with the
data collected by participating local educational
agencies.
64 DATE: January 12, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Kelly Lew-Quintal, Risk Manager
SUBJECT: Energy Supply Procurement Quarterly Update
Item No. 10

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
In November 2024, the Board of Directors (Board) approved Policy Number 23 (Energy Risk Policy) which requires that a summary of all short-term energy procurement contracts (terms of less than five (5) years) be reported to the Board quarterly.

DISCUSSION
This memo summarizes all short-term energy procurement contracts executed by the Chief Executive Officer or the Senior Director of Power Resources since the Board meeting in December 2025.

Transaction
Effective
Month
Purpose Counterparty Term
December Buy of GHG-Free Energy Pacific Gas and Electric Company 12 months December Buy of Hedge Energy Morgan Stanley Capital Group Inc. 3 months December Buy of Hedge Energy Morgan Stanley Capital Group Inc. 1 month December Buy of Hedge Energy NRG Business Marketing LLC 1 month December Buy of Hedge Energy Mercuria Energy America, LLC 1 month December Buy of Hedge Energy Triolith Energy Fund, LP 1 month December Buy of IAR Energy Clean Energy Alliance 12 months December Sale of IAR Energy San Diego Community Power 5 months December Sale of IAR Energy San Diego Community Power 10 months January Sale of PCC1 Energy City of Anaheim 12 months
January Sale of RA Energy Calpine Energy Services, L.P. 1 month January Sale of RA Energy BigBeau Solar, LLC 1 month

STRATEGIC PLAN
65 The above contracts were executed after the December 2025 Board meeting for transaction effective months of December 2025 and January 2026 to support the Power Resources Objective 2 for Procurement: Procure power resources to meet regulatory mandates and internal priorities at affordable cost.
66 DATE: February 18, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Jeremy Waen, Senior Director of Regulatory Policy SUBJECT: Regulatory Policy Team Quarterly Update
Item No. 11

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence

BACKGROUND
This report provides updates on key regulatory proceedings affecting Peninsula Clean Energy (PCE), including recent changes to the Power Charge Indifference Adjustment (PCIA), new statewide procurement proposals under the Integrated Resource Planning (IRP) proceeding, Resource Adequacy (RA) reforms, and other state regulatory developments.

Several of these proceedings may influence future rate setting, procurement strategy, and program funding. No Board action is requested.

California Public Utilities Commission (CPUC)
Power Charge Indifference Adjustment (PCIA) Reform
The CPUC continues implementing and reviewing recent changes to the Power Charge Indifference Adjustment (PCIA), an exit fee charged to Community Choice Aggregation (CCA) customers. For 2026, PCIA rates increased substantially, while Pacific Gas and Electric Company (PG&E) reduced its electric generation rates.

The combined effect of higher PCIA charges and lower PG&E generation rates significantly narrowed the margin between PCE and PG&E generation service. To preserve PCE’s long-standing commitment to provide electric generation service at a lower cost than PG&E, the Board approved a 47 percent reduction to PCE’s generation rates in February 2026. This adjustment preserves a discount for PCE customers relative to PG&E generation service.

The 2026 Energy Resource Recovery Account (ERRA) Forecast proceedings remain subject to rehearing requests filed by the California Community Choice Association (CalCCA) and others. The rehearing challenges aspects of the revised Resource Adequacy Market Price Benchmark (RA MPB) and the treatment of pre-2019 banked Renewable Energy Credits (RECs). The CPUC has not yet ruled on rehearing. If rehearing is denied, CalCCA is evaluating potential court review as early as April 2026.

The CPUC has also initiated Track 2 of the PCIA proceeding. Track 2 will determine whether 67 pre-2019 banked RECs may be assigned a value above zero beginning in 2027 and how that value would be calculated and allocated. A decision is expected in September 2026. While Track 2 primarily affects 2027 and later PCIA rates, any modification to the 2026 ERRA decisions could affect near-term PCIA outcomes.

PCE continues working through CalCCA to assess rate impacts, respond to data requests, and inform anticipated future reforms to the PCIA methodology.

Integrated Resource Planning (IRP)
The CPUC issued a Proposed Decision ordering 6,000 megawatts (MW) of additional statewide procurement (2,000 MW by 2030 and 4,000 MW by 2032). This procurement is intended to support long-term system reliability and clean energy goals.

The decision proposes a 50 percent cap on storage resources but does not clarify whether the cap would apply on a nameplate capacity basis or on an Effective Load Carrying Capability (ELCC) basis, which measures reliability contribution. If applied on an ELCC basis, significantly larger volumes of solar and wind resources could be required to meet the target.

PCE staff estimates this procurement order could lead to a doubling the amount of utility-scale solar already installed in California. Based on current interconnection queue data, achieving such volumes may be challenging.

Market effects could include downward pressure on Renewable Energy Credit (REC) prices and wholesale energy values. Depending on final implementation details, the decision could influence long-term procurement strategy and market conditions for PCE. PCE submitted formal comments and met with CPUC staff and advisors to express concerns regarding implementation feasibility.

Resource Adequacy (RA)
The CPUC continues evaluating reforms to the Resource Adequacy (RA) program, which establishes mandatory reliability procurement requirements for load-serving entities such as PCE.

Topics under review include valuation of energy-only resources, implementation of Unforced Capacity (UCAP) outage rules, treatment of large data center load growth. The CPUC is also evaluating accreditation of long-duration storage, and distribution of revenues from the California Independent System Operator’s Extended Day-Ahead Market (EDAM).

These reforms may affect forward capacity procurement requirements and costs, although specific impacts are not yet determined. A CPUC staff-led report on market transactability, proposed by PCE, is now expected by February 23, 2026.

Energy Efficiency – FLEXmarket
On January 15, the CPUC approved approximately $2.9 million for continued administration of PCE’s FLEXmarket energy efficiency program over the next three years. FLEXmarket is a pay-for-performance energy efficiency program funded through distribution charges under the 'Elect to Administer' process.

PCE plans to seek approximately $36.3 million for expanded energy efficiency programming for the 2028–2031 cycle through the more comprehensive 'Apply to Administer' process.

Additional Board approvals will be required prior to submission. 68 Building Decarbonization
On January 21–22, the CPUC hosted workshops to review lessons learned and best practices from prior building decarbonization programs. PCE was invited to present based on its program design and implementation experience. Staff highlighted customer engagement strategies and cost-effective project design, including "right-sizing" of electrification programs.

Zonal Neighborhood Decarbonization
On December 18, 2025, the CPUC adopted Decision 25-12-042 identifying priority decarbonization zones under Senate Bill 1221. Seventeen designated zones are located in San Mateo County; none are located in Merced County. Future decisions will establish program rules and funding allocations.

California Air Resources Board (CARB)
CARB released proposed regulations on January 20, 2026 that do not include renewal of the Voluntary Renewable Energy (VRE) Program. The VRE Program previously allowed load-serving entities to receive carbon allowances for renewable energy procured above required levels.

PCE is engaging with CARB staff and Board members to encourage revisions that would continue the VRE program. The program’s future could influence how voluntary renewable procurement interacts with California’s cap-and-invest framework.

California Independent System Operator (CAISO)
CAISO stakeholder processes addressing Unforced Capacity (UCAP), Resource Adequacy program design, and substitution rules remain ongoing. PCE is participating in working groups and advancing proposals related to import capability reforms. These processes may influence long-term capacity valuation and procurement flexibility.

FISCAL IMPACT
None
69 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Nelly Wogberg, Board Clerk
SUBJECT: Report on California Community Power (CCP) Joint Powers Authority Item No. 12

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
ATTACHMENTS:

CC Power Board Meeting Report for Jan 28 2026.pdf
70 71
72 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Executive Committee FROM: Nelly Wogberg, Board Clerk
SUBJECT: Acronym List
Item No. 13

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
ATTACHMENTS:

ACRONYMS - as of 02-01-2024.pdf
73 COMMONLY USED ACRONYMS AND KEY TERMS
AB xx – Assembly Bill xx
ALJ – Administrative Law Judge
AMP - Arrears Management Plans
Apple Valley Choice Energy
AQM – Air Quality Management
Ava – Formally East Bay Community Energy
BAAQMD – Bay Area Air Quality Management District
BLPTA – Buyer Liability Pass Through Agreement
CAC – Citizens Advisory Committee
CAISO – California Independent System Operator
CalCCA – California Community Choice Association
CAM – Cost Allocation Mechanism
CAP – Climate Action Plan
CAPP – California Arrearage Payment Program
CARB – California Air Resources Board, or California ARB CARE - California Alternative Rates for Energy Program
CBA – California Balancing Authority
3CE- Central Coast Community Energy (Formerly Monterey Bay Community Power-MBCP) CCA – Community Choice Aggregation (aka Community Choice Programs (CCP) or CCE – Community Choice Energy (CCE)
CCCFA – California Community Choice Financing Authority CC Power – California Community Power
CEC – California Energy Commission
Clean Energy Alliance – CCA in
CPA – Clean Power Alliance
Clean Power SF
CPP - Critical Peak Pricing
CPSF – Clean Power San Francisco
CPUC – California Public Utility Commission (Regulator for state utilities) (Also PUC) CSD – California Department of Community Services and Development CSGT - Community Solar Green Tariff
Customer Centricity - culture, framework and business strategy based on providing a positive customer experience and building long-term relationships DA – Direct Access
DAC-GT - Disadvantaged Communities Green Tariff
DER – Distributed Energy Resources
Desert Community Energy
DG – Distributed Generation
DOE – Department of Energy
DR – Demand Response
DRP – Demand Response Provider
DRP/IDER – Distribution Resources Planning / Integrated Distributed Energy Resources EBCE – East Bay Community Energy now known as Ava Community Energy ECOplus – PCE’s default electricity product, 50% renewable and 50% carbon-free (in 2021) ECO100 – PCE’s 100% renewable energy product 74
EDR – Economic Development Rate
EE – Energy Efficiency
EEI – Edison Electric Institute; Standard contract to procure energy & RA EIR – Environmental Impact Report
ELCC – Effective Load Carrying Capability
EPIC – Energy for Palmdale’s independent Choice
ESP – Electric Service Provider
ESS – Energy Storage Systems
ESSA – Energy Storage Services Agreement
ERRA – Energy Resource Recovery Account
EV – Electric Vehicle
EVSE – Electric Vehicle Supply Equipment (Charging Station) FERA- Family Electric Rate Assistance Program
FERC – Federal Energy Regulatory Commission
FFS – Franchise Fee Surcharge
GHG – Greenhouse gas
GHG-Free – Greenhouse gas free
GTSR – Green Tariff Shared Renewables
GWh – Gigawatt Hours (Energy) = 1000 MWh
Heavy Duty Vehicle – large vehicles such as busses and long-haul trucks HPWH – Heat Pump Water Heater
HP HVAC – Heat Pump Heating, Ventilation, and Air Conditioning HR xx – House of Representatives Bill xx
IDER – Integrated Distributed Energy Resources
IGFC – Income Graduated Fixed Charge
IOU – Investor-Owned Utility (e.g. PG&E, SCE, SDG&E)
IIJA – Infrastructure Investment and Jobs Act
IRA – Inflation Reduction Act
IRP – Integrated Resource Plan
IVR – Interactive Voice Response
ITC – Investment Tax Credit (it’s a solar tax credit)
JCC – Joint Cost Comparison
JPA – Joint Powers Authority
JRC – Joint Rate Comparison
JRM – Joint Rate Mailer
kW – kilowatt (Power)
kWh – Kilowatt-hour(Energy)
Lancaster Energy
Light Duty Vehicle - passenger vehicles such as cars and small pickup trucks LDS – Long Duration Storage
LDES – Long Duration Energy Storage
LIHEAP- Low Income Home Energy Assistance Program
Load Shaping – changing when grid energy is used
LSE – Load Serving Entity
MCE – Marin Clean Energy
Methane Gas - formerly known as ‘natural gas’
Microgrid – building or community energy system
Mid Duty Vehicle – vehicles such as passenger vans
MW – Megawatt (Power) = 1000 kW
MWh – Megawatt-hour (Energy) = 1000 kWh 75
MTR – Mid-Term Reliability
MUD – Multi-unit Dwelling
NBCs – non-bypassable charges
NBT – Net Billing Tariff
NEM – Net Energy Metering
NERC – North American Electric Reliability Corporation
NDA – Non-Disclosure Agreement
NG – Natural Gas
OBF – On-bill Financing
OBR – On-bill Repayment
OCPA – Orange County Power Authority
OES – Office of Emergency Services
OIR – Order Instituting Rulemaking
PACE – Property Assessed Clean Energy
PCC – Portfolio Content Category (aka “buckets”) – categories for RPS compliance PCC1 – Portfolio Content Category 1 REC (also called bucket 1 REC) PCC2 – Portfolio Content Category 2 REC (also called bucket 2 REC) PCC3 – Portfolio Content Category 3 REC (also called bucket 3 REC or unbundled REC) PCEA – Peninsula Clean Energy Authority
PCIA – Power Charge Indifference Adjustment
PCL – Power Content Label
Pioneer Community Energy
PLA – Project Labor Agreement
POU – Publicly Owned Utility
Pomona Choice Energy
PPA – Power Purchase Agreement
PPSA – Project Participation Share Agreement (CC Power) PRIME – Pico Rivera innovative Municipal Energy
PSPS – Public Safety Power Shutoff
PV – Photovoltaics(solar panels)
Rancho Mirage Energy Authority
RA – Resource Adequacy
RE – Renewable Energy
REC – Renewable Energy Credit/Certificate
Redwood Coast Energy Authority
RICAPS - Regionally Integrated Climate Action Planning Suite RPS – California Renewable Portfolio Standard
S xx – US Senate Bill xx
SB xx – CA Senate Bill xx
Santa Barbara Clean Energy
SBP – Solar Billing Plan
SCP – Sonoma Clean Power
SDCP – San Diego Community Power
SJCE – San Jose Clean Energy
San Jacinto Power
SJVAPCD - San Joaquin Valley Air Pollution Control District SMD – Share My Data, interval meter data
SQMD – Settlement Quality Meter Data
SVCE – Silicon Valley Clean Energy
TOB – Tariff on Bill 76
TOU Rates – Time of Use Rates
Valley Clean Energy
VGI – Vehicle-Grid Integration
V2G – Vehicle-to-Grid
VPP – Virtual Power Plant
WECC – Western Energy Coordinating Council
WREGIS – Western Renewable Energy Generation Information System WSPP – Western Systems Power Pool; standard contract to procure energy and RA WWGPI - West-Wide Governance Pathways Initiative
77 DATE: February 20, 2026
MEETING DATE: February 26, 2026
VOTE REQUIRED: None
TO: Honorable Peninsula Clean Energy Authority Board of Directors FROM: Brianna Arroyo, Administrative Assistant
SUBJECT: Social Media FAQ's
Item No. 14

PENINSULA CLEAN ENERGY AUTHORITY
JPA Board Correspondence
ATTACHMENTS:

PCE_ How to handle comments on Nextdoor.pdf
PCE_Social media talking points.pdf
78 How to handle comments on Nextdoor
What qualifies as an incendiary comment?
● The post contains aggressive or accusatory language.
● The post spreads misinformation about PCE’s programs, services, or billing—or about clean energy. ● The post escalates negativity within the Nextdoor community, even if the original post is not negative.

How do I know if PCE should respond?
Does the comment contain misinformation that could harm PCE’s reputation? Is the comment receiving significant, negative attention (likes, replies, etc.)? Does responding to the post align with PCE’s values and commitment to candor, transparency, and community support?
Is someone asking a question related to PCE’s billing or services? It may be helpful to respond proactively, even if the original comment isn’t particularly negative. This early intervention can help prevent misinformation and keep the community conversation on track.

I found an incendiary comment. What should I do next?

1. Notify the Marketing team.

Send an email with the subject line: “Nextdoor comment for review” with a direct link to the post and any necessary screenshots to the following PCE team members:
● Aleisha Juarez, [email protected]
● Kerstin Grune (cc’d), [email protected] ● Gwen Rose (cc’d), [email protected]
● Kirsten Andrews-Schwind (cc’d), [email protected] ● Jayden Hanan (cc’d), [email protected]

2. Be prepared to take action.

Given Nextdoor’s limited access, we may ask you to respond via your personal profile. If the Marketing team confirms that a response is necessary, we will provide you with the appropriate post copy.

Helpful reminders
● When you see a negative Nextdoor comment, be a calm observer and collect details for escalation. ● Do not engage with incendiary comments, unless the Marketing team provides you with post copy. ● Responses on behalf of PCE should always reflect the organization’s values. ● Stay ahead of the negativity: Responding to questions early can help keep the tone positive and prevent the situation from escalating.
79 Social media FAQs
Here are some helpful tips for responding to frequently asked questions about Peninsula Clean Energy (PCE) on social media. Frame your response in a way that is accurate, concise, and friendly—all while staying true to PCE’s mission and values. Feel free to adapt these prompts to your own voice, keeping it casual, personable, and polite.

Depending on the social media platform, your response could also encourage people to contact PCE Support for more information at [email protected] or 1-866-966-0110.

What is Peninsula Clean Energy (PCE)? How is PCE different from PG&E? PCE is your local, not-for-profit electricity provider. PCE provides the majority of the electricity supply—97% in fact—for San Mateo County and Los Banos.

PCE provides you with clean electricity, while PG&E delivers it to you through their wires. It’s kind of like ordering takeout from your favorite restaurant (PCE) and having a food delivery service (PG&E) deliver it to your door.

Does PCE cost more than PG&E?
No! PCE’s rates are competitive with or even lower than PG&E’s, so you save money with PCE. You can compare PCE’s and PG&E’s rates here:
https://www.pge.com/assets/pge/docs/account/alternate-energy-providers/pce-sm_rateclasscomparison.pdf Why was I automatically enrolled?
Your city or county voted to join PCE to bring cleaner, affordable energy to your community.

Can I opt out of PCE?
Yes, you can opt out. However, PCE’s rates are typically lower than PG&E’s, so opting out of PCE will make your electricity bill go up.

I opted out of PCE and my bill went down.

When you opted out of PCE, PG&E put you on a special temporary rate (TBCC) for six months. Recently, this rate has been lower than PCE’s, which is probably why your bill went down. However, after six months, you’ll be switched back to PG&E’s regular rates, which are at least 5% higher than PCE’s. So, even though it seems like you’re saving money now, your bill will likely go up in the long term.

What clean energy options do I have?
You are automatically enrolled in ECOplus, which is 100% clean, 50% from renewable sources, and cheaper than PG&E. If you want to do even more good for the environment, you can upgrade to ECO100, which is 100% renewable energy for a small additional cost.

I have solar power. Why do I still have fees?
PCE only charges for the electricity you use beyond what your solar panels generate. If your panels produce less energy than your household needs, you’ll see charges for the extra electricity you pulled from the grid.

However, if your solar panels generate more energy than you use, PCE gives you a credit! Why did my bill go up after switching to PCE?
Your bill increase is likely due to PG&E’s delivery rates, not PCE. In fact, PCE has frozen rates multiple times to keep costs stable and put savings back in customers’ pockets. 80

WestLight Energy Board of DirectorsFebruary 26, 2026

WestLight Energy Board of Directors
February 26, 2026