Pioneer Community Energy Board of Directors
February 17, 2022

Governing Board and Alternates
Chair: Alice Dowdin Calvillo, City of Auburn
Vice Chair: Jeff Duncan, Town of Loomis
Wes Heathcock, City of Colfax
John Hidahl, County of El Dorado
Jim Holmes, County of Placer
Greg Janda, City of Rocklin
Suzanne Jones, County of Placer
Dan Karleskint, City of Lincoln
Dennis Thomas, City of Placerville
Alternate City of Colfax, David Ackerman
Alternate Town of Loomis, Jan Clark-Crets
Alternate County of Placer, Bonnie Gore
Alternate City of Lincoln, Paul Joiner
Alternate County of El Dorado, Lori Parlin
Alternate City of Rocklin, Joe Patterson
Alternate City of Auburn, Rachel Radell-Harris
Alternate City of Placerville, Michael Saragosa
The Pioneer Board Regular Session will be live streamed and can be accessed and viewed at the following web link: https://us06web.zoom.us/j/89967227073.

The Pioneer Community Energy Governing Board determined that as a result of the COVID-19 state of emergency, meeting in person would present imminent risks to the health or safety of attendees at the meetings of the Board of Directors and all other legislative bodies of Pioneer Community Energy which includes all of its Board appointed Committees; and directed that the meetings of the Board of Directors and all other legislative bodies of Pioneer Community Energy be conducted pursuant to Government Code section 54953(e) (AB 361) and other applicable provisions of the Brown Act.

In order to protect public health and the safety of our Placer and El Dorado County residents, the Public Comment for the Pioneer Governing Board Meeting will be offered through the Zoom platform. Public access to The Pioneer Governing Board Meeting will be entirely by remote audio/visual participation. Therefore, the meeting will be closed to in-person public participation.

Residents who wish to comment should be prepared to use the Zoom platform via computer or telephone. Public Comment will be opened for each agenda item in sequence.

How to Participate Using Zoom
You can join the meeting using the following link https://us06web.zoom.us/j/89967227073.

When you join the meeting, you will be muted by default. To inform the Clerk that you would like to make a public comment, you will use the “Raise Hand” feature.

Public Comment via Computer or Smartphone
If you would like to make a comment, you will use the “Raise Your Hand” feature. Please note that you should only raise your hand during the item to which you will comment. Instructions for using the “Raise Hand” feature when using a computer or mobile device can be found at the link below:
https://support.zoom.us/hc/en-us/articles/205566129-Raising-your-hand-in-a-webinar Board of Directors Agenda
February 17, 2022
Pioneer Community Energy Offices
2510 Warren Drive, Suite B, Rocklin, CA 95677
3:00 PM Regular Session
f/ONEER

COMMUNITY ENERGY
Public Comment via telephone (Audio Only Option)

1. Dial 1 (669) 900-6833

2. When asked for the meeting ID, enter 899 6722 7073#

3. When asked for your participant ID, press # to continue You will be muted by default. To inform the Clerk that you would like to make a comment during each agenda item, dial *9 to “Raise your hand.” When it is your turn to speak, the clerk will identify you by the last three digits of your phone number, at that time dial *6 to unmute yourself and state your name and comment for the record. Please note that you should only raise your hand during the item to which you will comment. 3:00 PM Regular Session
I. GENERAL ADMINISTRATIVE FUNCTION – PART I
A. CALL TO ORDER

1. Roll Call
B. AGENDA APPROVAL
C. PRESENTATIONS BY THE PUBLIC ON MATTERS NOT ON THE AGENDA WITHIN THE JURISDICTION OF THE BOARD Persons may address the Board on items not on this agenda. Please limit comments to 3 minutes per person. According to State Law (the Brown Act), items must first be noticed on the agenda before any discussion or action. The Board is prohibited from discussing issues not on the agenda brought to them at this time.

II. CONSENT AGENDA
1) APPROVAL OF THE CONSENT AGENDA
All items on the Consent Agenda have been recommended for approval by the Executive Director. All Consent items will be approved by a single vote. Anyone may ask to address Consent items prior to the Board acting, and the item may be moved for discussion. a) ADMINISTRATION
Approve minutes of the January 20, 2022 regular meeting. (ACTION - ECKERT) b) ADMINISTRATION
To continue meetings by teleconferencing pursuant to Government Code Section 54953(e), find that: (1) the Board has reconsidered the circumstances of the state of emergency created by the COVID-19 pandemic; and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person. (ACTION - ECKERT)
c) ADMINISTRATION
Adopt a resolution approving an updated Records Retention Schedule for Pioneer Community Energy and authorizing the Executive Director to make any further updates, as approved by the General Counsel, to the Retention Schedule and the Records Management, Retention and Destruction Policy. (ACTION - ECKERT)

REGULAR SESSION
d) FINANCE & ADMINISTRATION
Receive Quarterly Financial Reports through December 2021. (KOEHN) III. REGULAR AGENDA
2) ADMINISTRATION
Adopt Resolution approving Amendment No. 6 to the By-Laws Establishing Procedures Related to Ad Hoc and Standing Committees (ACTION - ECKERT) Recommendation: Adopt Resolution approving Amendment No. 6 to Pioneer Community Energy’s By-Laws establishing procedures related to ad hoc and standing committees. 3) ADMINISTRATION
State of the Utility (DISCUSSION - ECKERT)
Recommendation: Receive a report on the State of the Utility reviewing where Pioneer Community Energy has been, the major initiatives of this year and where the utility is projected to be at the end of 2022 and beyond.
4) MARKETING & COMMUNICATIONS
Customer Reconnection Presentation (DISCUSSION - RIFFEY) Recommendation: Receive a report on the plan to reconnect with customers and improve Pioneer Community Energy’s customer participation rate. 5) ADMINISTRATION
Expansion Update (DISCUSSION - ECKERT)
Recommendation: Receive a report on activities related to expansion of Pioneer Community Energy’s existing service territory.

IV. GENERAL ADMINISTRATIVE FUNCTION – PART II
A. BOARD MEMBER COMMUNICATIONS
B. EXECUTIVE DIRECTOR COMMUNICATIONS
C. ITEMS FOR INFORMATION

1. Glossary of Terms
D. ADJOURNMENT
Pioneer Community Energy is committed to ensuring that persons with disabilities are provided the resources to participate fully in its public meetings. If you are hearing impaired, we have listening devices available. If you require additional disability-related modifications or accommodations, including auxiliary aids or services, please contact the Clerk of the Board. If requested, the agenda shall be provided in appropriate alternative formats to persons with disabilities. All requests must be in writing and must be received by the Clerk five business days prior to the scheduled meeting for which you are requesting accommodation. Requests received after such time will be accommodated only if time permits.

Next Regular Meeting Scheduled for:

March 17, 2022 at 3:00 pm
Pioneer Community Energy Offices
2510 Warren Drive, Suite B, Rocklin, CA 95677
Affidavit of Posting
I, Teresa Willock, Board Secretary, declare under penalty of perjury that the foregoing agenda for the February 17, 2022 regular meeting of the Pioneer Community Energy Governing Board was posted and available for public review on February 11, 2022 at the offices of Pioneer Community Energy, 2510 Warren Drive, Suite B, Rocklin, CA 95677; and was available on the Pioneer website at:
http://pioneercommunityenergy.ca.gov/about-us/agendas-and-minutes/.

All public materials related to an item on this agenda submitted to the Governing Board after distribution of the agenda packet are also made available for public inspection on Pioneer’s website at:
http://pioneercommunityenergy.ca.gov/about-us/agendas-and-minutes/.

Any document provided at the meeting by staff or by the public will be provided by the Board Clerk upon request by phone at (916) 758-8946, or by email at: [email protected].

PIONEER COMMUNITY ENERGY

GOVERNING BOARD
January 20, 2022
Minutes
Entry No. 1
Heard General Administration Functions, Part I.

Call to Order
Pioneer Community Energy Governing Board met in open session at 3:00 PM on January 20, 2022.

Pursuant to Government Code section 54953(e) and other applicable provisions of the Brown Act, the meeting was conducted via live streamed teleconference accessed and viewed at the following web link:
https://us06web.zoom.us/j/89967227073.

Roll Call
P A Title Name Agency
x Chair Jim Holmes County of Placer
x Vice Chair Jeff Duncan Town of Loomis
x Director Alice Dowdin Calvillo City of Auburn
x Director Wes Heathcock City of Colfax
x Director John Hidahl County of El Dorado
x Director Greg Janda City of Rocklin
x Director Suzanne Jones County of Placer
x Director Dan Karleskint City of Lincoln
x Director Michael Saragosa City of Placerville
Annual Selection of Officers
Elected Director Dowdin Calvillo to serve as Chair of the Pioneer Community Energy Governing Board for 2022, effective immediately.

MOTION: Saragosa/Jones.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Elected Director Duncan to serve as Vice Chair of the Pioneer Community Energy Governing Board for 2022, effective immediately.

MOTION: Holmes/Jones.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Entry No. 2
Acted on the Consent Agenda as follows:

Approved minutes of the December 16 , 2021 regular and November 29, 2021 special meetings.

Determined pursuant to Government Code Section 54953(e)(1) that, as a result of the COVID-19 state of emergency, meeting in person would present imminent risks to the health or safety of attendees at the meetings of the Board of Directors and all other legislative bodies of Pioneer Community Energy (PCE), including all of the Board-appointed Committees; and directed that the meetings of the Board of Directors and all other legislative bodies of PCE be conducted by teleconferencing pursuant to Government Code 54953(e).

Received Draft Financial Report for November 2021.

Adopted Resolution 2022-1 approving a Remote Access Policy.

Approved the Consent Agenda as presented by the following vote:

MOTION: Saragosa/Karleskint.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Janda, Jones, Karleskint, Saragosa, Holmes.

Public Comment
There were no comments from members of the public on matters not listed on this agenda.

Entry No. 3
Received the Year-End Financial Statements and the Independent Auditor’s Report for Fiscal Year 2020- 2021.

MOTION: Holmes/Hidahl.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Janda, Jones, Karleskint, Saragosa, Holmes.

Finance and Administration Director Koehn expressed appreciation to Pisenti & Brinker and Maher Accountancy for preparing the financial statements and auditor’s report.

Entry No. 4
Adopted Resolution 2022-2 authorizing the Executive Director to execute a third amendment to the contract with JSR Strategies (JSR) to increase the not-to-exceed dollar amount to $483,910 and to extend the date of expiration to September 30, 2022, for Marketing and Communication Services as amended with clarification to paragraph 3 of the resolution in that the Board approved increasing the appropriation for Fiscal Year 2021-22 Marketing and Communications contract services budget by $182,240.

MOTION: Hidahl/Holmes.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Janda, Jones, Karleskint, Saragosa, Holmes.

The Board requested information updated per individual member agency’s geographical data reflecting retention rate and a comparison of solar and non-solar customers.

Entry No. 5
Adopted Resolution 2022-3 allowing the addition of one Board Member to the Audit & Finance Committee and appointed the additional member.

MOTION: Karleskint/Saragosa.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Appointed Director Saragosa to the Audit & Finance Committee.

MOTION: Dowdin Calvillo/Hidahl.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Chair Dowdin Calvillo suggested making annual Committee appointments and requested a meeting with the Executive Director to discuss the process.

Governing Board Minutes
January 20, 2022

Entry No. 6
Approved Resolution 2022-4 approving Amendment No. 4 to the Amended and Restated Joint Exercise of Powers agreement for Pioneer Community Energy to amend the Limitations on Power Designation in the Joint Powers Agreement.

MOTION: Heathcock/Duncan.

ROLL CALL VOTE: 9:0:0
AYES: Dowdin Calvillo, Duncan, Heathcock, Hidahl, Holmes, Janda, Jones, Karleskint, Saragosa.

Entry No. 7
Received an update on the California Arrearage Payment Program (CAPP).

Entry No. 8
Received a report on PG&E’s implementation of the Time-of-Use transition in Pioneer Community Energy’s service area.

Entry No. 9
Heard General Administration Functions, Part II.

A. Board Member Communications
Director Heathcock reported that he had received notification that PG&E is now offering a rebate program for generators and asked if this program will be introduced for review by the Community Programs Advisory Committee to determine if it would be included as a future option for Pioneer.

In response, Executive Director Eckert confirmed that PG&E programs will be discussed in the Community Programs Advisory Committee and informed the Board that the next Committee meeting is later this month.

Director Heathcock further inquired about the Committee’s timeline in providing the Board with their recommendations.

Executive Director Eckert stated that the Board should be receiving the Committee’s report within the calendar year.

Director Saragosa expressed appreciation for Executive Director Eckert and Public Affairs, Marketing, and Programs Director Riffey for their public presentation to the Placerville City Council and residents.

B. Executive Director Communications
Executive Director Eckert provided an update on PG&E rates and PCIA rate which were discussed in December 2021. Staff is still waiting to receive the final rates. As it is a pretty substantial increase, the CPUC is to determine if it should be amortized under recovery for 12 months or extend it over 18-24 months. We expect a decision by end of January, then should have a clear definition as to the discount to PG&E by the February Board meeting. Executive Director Eckert also reminded the Board that all PG&E bills have gone up due to gas usage and high natural gas prices, so this affects us as regular consumers.

January 1, the Transmission & Distribution (“T&D”) portion for residential went up 12.1% from PG&E, so bills will be coming in high for February. If you get any questions on that, it is not from a change in Pioneer rates.

Executive Director Eckert provided an Expansion Update on activities in Nevada County – Staff presented to the Board of Supervisors Retreat, they have requested an Impact Assessment Study, and are excited about the prospect of joining Pioneer. Executive Director Eckert informed the Board that an Expansion Committee meeting will be scheduled prior to the February 17 Board meeting to discuss Nevada County in more detail. Expansion activities in City of Grass Valley – Staff will be attending City Council meetings in late January and again in early February, as they seem favorable to join Pioneer; City of Stockton – Staff reached out regarding Pioneer rates situation which they were very happy about and seem to be receptive; and, Yuba Water Agency continues to lead the effort for a CCA in Yuba County. So, there has been a lot of activity and may be seeing some new faces in the next year or so.

Governing Board Minutes
January 20, 2022

C. Informational Items
Received the Glossary of Terms.

D. Adjournment
The meeting adjourned at 4:46 PM
______________________________________
Alice Dowdin Calvillo, Chair
Pioneer Community Energy Governing Board
ATTEST:

Minutes approved as presented by a majority vote
of the Governing Board on February 17, 2022.

Teresa Willock, Board Secretary
Governing Board Minutes
January 20, 2022

Staff Report – Item 1b
To: The Governing Board
From: Casey Strong, Acting General Counsel
Item 1b: Reconsideration of the circumstances of the COVID-19 state of emergency to determine whether the legislative bodies of Pioneer Community Energy will continue to hold meetings via teleconferencing and making findings pursuant to Government Code Section 54953(e)(3)
Date: 2/17/2022

RECOMMENDATION
To continue meetings by teleconferencing pursuant to Government Code Section 54953(e), find that: (1) the Board has reconsidered the circumstances of the state of emergency created by the COVID-19 pandemic; and (2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

BACKGROUND
The Board of Directors and other legislative bodies of Pioneer Community Energy have met remotely throughout the pandemic to protect the health and safety of the public and staff. The factual circumstances exist for Pioneer Community Energy to continue to hold meetings pursuant to AB 361. The state of emergency is still in effect and on January 20, 2022, the Board of Directors determined that as a result of the COVID-19 state of emergency, meeting in person would present imminent risks to the health or safety of attendees at the meetings of the Board of Directors and all other legislative bodies of Pioneer Community Energy which includes all of its Board appointed Committees.

To continue to hold teleconferenced meetings under AB 361, a legislative body of a local public agency must make two findings. First, there must be a declared state of emergency and the legislative body must find that it has “reconsidered” the circumstances of such emergency. Second, the legislative body must find that either (a) State or local officials continue to impose or recommend social distancing measures, or (b) the state of emergency continues to directly impact the ability of the legislative body’s members to meet safely in person.

These findings must be made within 30 days after the first meeting under AB 361 and at least every 30 days thereafter, or the legislative body’s initial determination will lapse.

ANALYSIS & DISCUSSION
The California Department of Public Health and the federal Centers for Disease Control and Prevention (“CDC”) caution that the Omicron variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations. On January 4th, in an effort to support local hospitals impacted by the sharp rise in COVID-related cases, Placer County Public Health extended the Health Warning that was issued in late summer to urge all residents to use high-quality medical masks while in indoor settings. Placer County Public Health further stated that the “rapid increase in cases and hospitalizations in recent days strongly suggests Omicron is spreading widely in Placer as throughout the region.”1 In addition, on January 5, 2022, the California Department of Public Health issued a statewide 1 Placer County Public Health Extends its Health Warning as COVID Hospitalizations Surge, Jan. 4, 2022, https://www.placer.ca.gov/7745/Public-Health-extends-Health-Warning. fJONEER

COMMUNITY ENERGY
Agenda Item: 1b Agenda Date: 2/17/2022

order requiring all Californians, regardless of vaccination status, to wear face coverings in indoor public settings until February 15, 2022.2
As statewide cases and hospitalizations decline from the recent surge, relaxed mask guidance will go into effect February 16, 2022.3 However, the CDC continues to advise that COVID-19 spreads more easily indoors than outdoors and that people are more likely to be exposed to COVID-19 when they are closer than 6 feet apart from others for longer periods of time. The size and unique characteristics of the Pioneer facilities remains a factor for the health and safety risks associated with in-person meetings, including the increased mixing associated with bringing people together from across several communities; the need to enable those who are immunocompromised or unvaccinated to be able to safely continue to particulate in Pioneer meetings; and the challenge of achieving compliance with safety requirements and recommendations in such settings.

By reconsidering the circumstances of the state of emergency created by the COVID-19 pandemic and finding that the state of emergency continues to directly impact the ability of the members to meet safely in person, the public meetings of Pioneer Community Energy can continue to be conducted by Zoom for the next 30 days.

At such time that these findings can no longer be made, it will be necessary to return to in-person meetings.

STRATEGIC PLAN
Strategic Policy 1: Local Engagement, Objective 1.5

FISCAL IMPACT
None

ATTACHMENTS
None
2 California Department of Public Health, Guidance for the Use of Face Masks (January 5, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings-1-5-2022.aspx. 3 California Department of Public Health, Guidance for the Use of Face Masks (February 7, 2022), https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/guidance-for-face-coverings.aspx.

Staff Report – Item 1c
To: The Governing Board
From: Teresa Willock, Board Clerk
Item 1c: Adopt Resolution Approving an Updated Records Retention Schedule for Pioneer Community Energy and Authorizing the Executive Director to Make Further Updates to the Records Retention Schedule and the Records Management, Retention and Destruction Policy
Date: 2/17/2022

RECOMMENDATION
Adopt a resolution approving an updated Records Retention Schedule for Pioneer Community Energy and Authorizing the Executive Director to make any further updates, as approved by the General Counsel, to the Retention Schedule and the Records Management, Retention and Destruction Policy

BACKGROUND
The maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of Pioneer Community Energy (“Pioneer”). Section 34090 of the Government Code of the State of California provides a procedure whereby any record which has served its purpose and is no longer required may be destroyed; and, the State of California has adopted guidelines specifying retention periods for various government records.

On June 3, 2019, the Governing Board of Pioneer adopted a Records Management, Retention and Destruction Policy (“Policy”) which established a Records Retention Schedule (“Schedule”) to govern record retention and destruction for all Pioneer records pursuant to the adopted Policy ensuring efficient and effective maintenance of its various documents and records.

The Policy takes a comprehensive approach to records management and directs Pioneer staff for both the Community Choice Aggregator (“CCA”) and mPOWER programs on the proper handling, maintenance, and disposal of covered data to ensure compliance with appropriate regulation. It incorporates the requirements of CPUC D.12-08-045, FERC antitrust requirements, the California Public Records Act, and the California Secretary of State Local Government Records Program. Additionally, the Policy includes the customer notice and associated noticing requirements included in D.12-08-045. Furthermore, to ensure compliance, the Policy also includes a Confidentiality and Privacy Acknowledgement to be signed by employees. The acknowledgement must also be signed by certain Pioneer consultants and advisors who may need to access private and confidential information in the performance of their service to Pioneer. Accordingly, PG&E requires CCA employees and agents to execute its “PG&E CCA Non-Disclosure Agreement for CCA Employees and Representatives” as part of their measures to comply with confidentiality and privacy requirements.

Implementation of a Schedule ensures that Pioneer’s records are kept as long as legally and operationally required and that obsolete records are disposed of in a systematic and controlled manner. The Schedule is intended to ensure adherence to approved recordkeeping requirements, and that it is done in a consistent manner.
fJONEER

COMMUNITY ENERGY
Agenda Item: 1c Agenda Date: 2/17/2022

ANALYSIS & DISCUSSION
The administrative functions of Pioneer have expanded beyond the categorical subjects of the 2019 Schedule, and updates to the Schedule are needed for the orderly inclusion and maintenance of additional documents.

Furthermore, subsequent growth and generation of documents will likely warrant additional updates to the Schedule that will continue to ensure procedures are kept according to policy.

The proposed Resolution would approve an updated Schedule that is conducive to an agency-wide centralized approach for records management as it incorporates section titles by Division as well as categorical subjects which coincide with file structure. The Resolution would also authorize the Executive Director to make further updates to the Schedule and the Policy, as approved by the General Counsel, without further action by the Board.

STRATEGIC PLAN
Strategic Priority 4: Operational Excellence

FISCAL IMPACT
There is no direct budget or additional cost impact associated with this item.

ATTACHMENTS
1) Records Management, Retention and Destruction Policy (2019) 2) 2019 Records Retention Schedule (2019)
3) Resolution approving an Updated Records Retention Schedule for Pioneer Community Energy and Authorizing the Executive Director to Make Further Updates to the Retention Schedule and the Records Management, Retention and Destruction Policy
1 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y

PIONEER COMMUNITY ENERGY

RECORDS MANAGEMENT, RETENTION AND DESTRUCTION
Pioneer Community Energy (Pioneer) will retain records in compliance with legal and governmental requirements and as needed for general business for its Community Choice Aggregation (CCA) Program and its mPOWER Program (PACE - Property Assessed Clean Energy program). This policy directs the methods for maintaining, retaining, and disposing of records necessary for operations, correspondence with customers/clients, work product and items of continuing significance, including, but not limited to: Covered Information as defined by California Public Utilities Commission (CPUC) D.12-08-045 Attachment B, information under the Federal Energy Regulatory Commission’s (FERC) Anti-Manipulation Rule, 18 C.F.R. § 1c, information and records pursuant to the California Public Records Act and the California Secretary of State Local Government Records Program.

This Policy applies to all Confidential and Sensitive documentation and information maintained by Pioneer. The retention of records shall be maintained pursuant to Pioneer’s record retention schedules and the California Secretary of State Local Government Records Program. Pioneer officers, employees, agents, consultants and advisors are required to adhere to Pioneer’s policies and procedures regarding the maintenance, record retention and disposal of confidential and sensitive materials. Drafts or other documents containing Confidential or Sensitive information which are not part of an official record should be retained only as long as necessary and pertinent to a current work effort, and shall be destroyed when no longer necessary. Documents and records transmitted as attachments via email are also subject to this policy, and should be considered independently from the email messages to which they are attached.

The following designations and descriptions pertain to all documents and information whether electronic, printed or verbal.

Covered Information as defined by (CPUC) D.12-08-045 Attachment B: “is any usage information obtained through the use of the capabilities of Advance Metering Infrastructure [“smart meters”] when associated with any information that can reasonably be used to identify an individual, family, household, residence, or non-residential customer, except that covered information does not include usage information from which identifying information has been removed such that an individual, family, household, or residence, or non-residential customer cannot reasonably be identified or re-identified. Covered information, however does not include information provided to the Commission [CPUC] pursuant to its oversight responsibilities.”
Sensitive Information pertains to the use of information and materials under FERC Anti-Manipulation Rule, 18 C.F.R. § 1c. Information and material may not be used in a manner to: 1) use or employ any device, scheme, or artifice to defraud, 2) make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or 3) engage in any act, practice, or course of business that operates or would operate as a fraud or deceit upon any entity.

Authorized Individuals are Pioneer officers, employees, agents, consultants and advisors who have signed Pioneer’s Customer Confidentiality Requirements and Approved: June 3, 2019
2 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y Policies Form (Customer Confidentiality Acknowledgement), acknowledging they have reviewed applicable confidentiality laws, regulations and policies. The Customer Confidentiality Acknowledgement must be signed annually by every officer, employee, agent consultant and advisor to Pioneer who has access to Covered Information.

These forms will be maintained for the duration of employment or engagement.

Records are those types of records identified by law as records of a California county, created or maintained upon something tangible, and regardless of the format in which they are maintained. Records subject to this Policy include originals, reproductions, electronic information or data, paper, audio or visual recordings, metadata, and successor technologies to these. Records include public records, confidential records, employee working files, and information contained on computers, servers, websites, voice mail, portable devices, the cloud, and successor technologies. See also, Cal.

Public Records Act section 6252 and California Evidence Code section 250.

Restricted Records are files, folders, documents and information (either electronic or paper), containing Covered Information, which may only be accessed by Authorized Individuals.

Confidential and Sensitive Information includes, but is not limited to the following:
• Electric customer information as described in Covered Information above • mPOWER customer information, including Covered Information, mortgage statements, and credit information
• Energy contract terms, specifically price, quantity, duration, generation unit, or counterparty
• Employee personnel files related to performance reviews or discipline, or containing other personal information such as social security number or birthdate
• Employee health records or information
• Contracts, negotiation information or records subject to non-disclosure agreements (NDA)
I. Digital Files
A. Electronic documents and emails shall be maintained on a secure server or secure SharePoint web site.

B. Covered and Sensitive Information shall be maintained in files and folders which are restricted by password to allow access only to Authorized Individuals.

C. Pioneer files or information developed or accessed by individuals other than Authorized Individuals shall not be stored on personal electronic devices.

D. Employee hard drives shall be password protected.

E. Customer correspondence created/maintained for documentation purposes should be stored upon the Customer Records Management (CRM) system whenever possible.

F. Collection letters, invoices and other customer correspondence will be maintained in CRM when feasible or within pertinent folders where appropriate (i.e., collection letters with collections files)
G. Account numbers should be redacted to primary minus the last 3 digits for all correspondence.

H. Confidential and Sensitive files should be watermarked or include a header noting the words “CONFIDENTIAL” or “SENSTATIVE” or “Subject to NDA”, or similar notation, whenever possible.
3 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y II. Paper Files
A. Whenever possible, Pioneer should maintain records electronically.

B. Confidential and Sensitive paper records or correspondence shall be maintained in file cabinets with locking capability when not in use.

C. Certain documents, whenever possible, as a practical matter, shall be stamped, watermarked or headed “CONFIDENTIAL”, “SENSTITIVE”, or “Subject to NDA”, or similar notation.

D. Files labeled with employee names shall be considered confidential personnel files, and shall be accessed only by those who are in the direct line of supervisory authority, or those who are responsible for payroll or other human resource duties, and shall be accessed on a need-to-know basis.

E. Files labeled with an energy counterparty name shall be considered confidential.

III. DATA COMMUNICATIONS SYSTEMS
Pioneer email systems, voicemail systems, messaging systems, websites, and certain project management tools, whether cloud based or residing on Pioneer servers, and their successor technologies, are not records but are Data Communications Systems used for creating and transmitting information and records.

These Data Communications Systems are not intended as mechanisms for storing and retaining County Records that are created on or transmitted through them.

Records created on or transmitted through Pioneer’s Data Communications Systems shall be retained by action of the records management coordinator for the period of time contained in Pioneer’s record retention schedules based on the type of record.

Records created on or transmitted through County Data Communications Systems may be retained by printing to a paper copy or by saving an electronic or digital copy to some approved location, device, or storage media that is owned or controlled by Pioneer, other than Pioneer’s Data Communications Systems. The data management coordinator will set automatic deletion/ purge schedules for records residing on Pioneer’s Data Communications Systems based on identifiable business standards and security needs.

IV. Record Retention and Long Term Storage
Record retention schedules will govern record retention and destruction for all Pioneer Records regardless of the record format. Employees are authorized to retain Records pursuant to approved schedules, and thereafter to destroy or otherwise dispose of Records that exist beyond the time periods specified in the record retention schedules, except as otherwise provided herein. A records management coordinator, designated by the Executive Director, will be responsible for coordinating the creation, amendment, and maintenance of record retention schedules, and will maintain and issue the record retention schedules as appropriate. Destruction of Records is only authorized pursuant to an approved schedule maintained by the records management coordinator. A copy of all historical retention schedules will be maintained by the records management coordinator as a permanent record.

V. Standards For Determining Retention And Destruction Timeframes Determination of a particular record retention timeframe to be included in the record retention schedules shall be based on the applicable law and where allowable, a best practices analysis.

A.Duplicate Records. Unless otherwise expressly required by law to be preserved for a certain period of time or in a certain format, duplicate records may be destroyed at any time, as long as an accurate paper or electronic reproduction is otherwise maintained in the custody of a Pioneer officer or employee, and the 4 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y reproduction is subject to the records retention schedules.

B. Specific Subject Matter Law Applies. Where a subject matter specific statute, regulation, or ordinance speaks to a particular record or the records of a particular program, Pioneer’s records retention schedules may not provide for a retention period that is less than the minimum time frame contained in the subject matter specific law.

C. California Secretary of State Local Government Records Program. Where a specific subject matter law does not control the retention period, a retention schedule may not provide for a retention period that is less than the minimum time frame contained in the California Secretary of State Local Government Records Program published guidelines and attachments regarding that record type.

D. Minimum Retention Otherwise. Where a specific subject matter law nor the California Secretary of State Local Government Records Program published guidelines apply to a record, a record retention schedule may not provide for a retention period that is less than two years from the date the record was initially created or received unless the lesser period is expressly approved by action of the Governing Board.

VI. Standards for Maintaining and Storing Records
A. Records should be maintained in a fashion that reflects their status as a vital record, a historically valuable record, a legally mandated record, a record containing Confidential or Sensitive Information, or a record otherwise necessary to the Pioneer’s business.

B. Records, whether considered permanent or nonpermanent, may be maintained solely in an electronic format so long as the format provides substantially the same or a greater level of availability to the public and the format meets the California Secretary of State’s minimum Standards for Preservation of Documents in Electronic Media. If a permanent record or other important or historical record is to be maintained solely in an electronic format, the storage location for the electronic formatted record shall be a location that is subject to an automatic and regular back-up process.

C. Records should be maintained based on standards recommended by the California Secretary of State Local Government Records Program and industry best practices.

D. Record storage facilities, whether Pioneer facilities or private commercial facilities, should provide appropriate conditions considering the type of record being stored.

The records management coordinator will be responsible for inspecting and recommending approval for the proposed or continued use of a storage facility to store Records that are in a physical format such as paper. The Executive Director will be responsible for reviewing and approving the proposed or continued use of a product or facility, including the “cloud”, to store Records that are in a digital or electronic format. Where a facility is proposed to store both physical and electronic Records, such as paper and diskettes, the records management coordinator will coordinate the review with the Executive Director.

VII. Document Preservation and Suspension of Destruction Schedules – Legal Hold Upon notice given by General Counsel, the intended, incidental, or actual, destruction, deletion, or other disposal (collectively “Destruction”) of identified Records shall be immediately suspended and all records subject to the notice shall be preserved until further notice. When requested, the Executive Director must designate Legal Hold personnel to serve as a liaison with General Counsel to put a Legal Hold in effect. All Pioneer officers and employees have an obligation to take steps to 5 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y prevent the destruction of Records that may be relevant to pending or potential litigation or claims, public record requests, governmental investigations, or other preservation situations compelled at law. This obligation to suspend destruction and to preserve documents applies to all Records regardless of their nature and format.

General Counsel, in consultation with the Executive Director and the records management coordinator, will be responsible for creating, overseeing and coordinating any Legal Hold and record preservation process and procedures. Digital Forensic and data collection services authorized or ordered by a court of law, including discovery orders related to eDiscovery, shall be performed by Pioneer’s technical staff or a contractor approved jointly by the General Counsel and the Executive Director, where the services would implicate any aspect of a Pioneer’s network, core technology system, security system, and related hardware, including computing and communication devices, and infrastructure and emerging technology related to these, or which might make otherwise confidential information vulnerable to disclosure without prior review by appropriate Pioneer personnel or the Court.

VIII. Record Destruction
A. Confidential and Sensitive records will be secured, purged and destroyed pursuant to guidance from General Counsel and the Executive Director.

B. Annually records will be reviewed and destroyed pursuant to a records retention schedule, included herein. A list of records to be destroyed including: description and applicable dates shall be reviewed and signed by the Executive Director. The listing of records destroyed will be maintained permanently for future reference.

C. Confidential and Sensitive records may be destroyed by shredding device in-office or by a qualified outside shredding and disposal service.

D. Disposal of Confidential or Sensitive records in general trash is prohibited.

E. Electronic documents are to be destroyed by deleting the file and then further purging the file from the drive, device or network on which they were stored.

IX. Use of Covered Information and CPUC D.12-08-045 Requirements The collection, storage, use or disclosure of covered information will be in compliance with (CPUC) D.12-08-045 Attachment B, (attached and incorporated herein). Further, pursuant to CPUC D.12-08-045, Pioneer shall maintain and provide customers with notice regarding the accessing, collection, storage, use, and disclosure of covered information. The notice will be updated, posted and disseminated as required. The current form of the Notice is attached, and are approved as a part of this Policy.

X. Confidential or Sensitive Information
Confidential and Sensitive Information shall only be released pursuant to legal or regulatory requirements and specific subject matter law. Such requirements include data requests and submissions as may be required by applicable regulatory agencies such as the CPUC, California Energy Commission (CEC), or by court order, specific subject matter law, or by the California Public Records Act Confidential and Sensitive Information, not subject to specific subject matter law may also be made by obtaining written authorization of the subject party or counterparty.

Any such disclosure shall be made after review and concurrence of general counsel.

Pioneer’s Privacy Policy adopted by its Governing Board on November 27, 2017, provides further guidance on customer privacy.
6 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y XI. Updates and Subsequent Requirements
This policy shall updated and approved as least annually. However, nothing shall prevent any actions necessary to conform to new legislative and regulatory requirements on a timely basis, or existing legal and regulatory requirements as they may be amended from time to time.

XII. Attachments
A. Customer Notice of Accessing, Collecting, Storing, Using and Disclosing Energy Usage Information
B. Confidentiality and Privacy Acknowledgement
C. PG&E Community Choice Aggregator Non-Disclosure Agreement for CCA Employees and Representatives
D. California Public Utilities Commission D.12-08-045 Attachment B 7 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y Pioneer’s Privacy Policy (the “Policy”) applies to all Pioneer employees, agents, contractors and affiliates.

Pioneer’s Privacy Policy was effective November 27, 2017. Pioneer’s Privacy Policy prohibits Pioneer from releasing information to a third party that can reasonably be used to identify an individual customer, a customer’s family or household or residence, without the customer’s written consent, except when Pioneer:
• Collects customer information, such as electric usage, customer name, address, and account information, and uses that information for the purpose of conducting energy purchases, billing and account management, and determining a customer’s use of electric services and participation in offered programs;
• provides or bills for electrical power services;
• provides services and information required by state or federal law or as specifically authorized by an order of the CPUC;
• plans, implements or evaluates energy management, demand response or energy efficiency programs as operated by Pioneer, through a contract with a provider, or under contract with the CPUC; • provides personal information pursuant to a lawful warrant or court or law enforcement order, after prior notice to the customer unless such notice is prohibited by law; or • provides personal information to emergency responders in situations involving an imminent threat to life or property.

The Pioneer’s Privacy Policy can be found at http://pioneercommunityenergy.ca.gov/customer-privacy/ .

The Pioneer Governing Board sets the Privacy Policy, and may make changes to the Policy at its regularly scheduled board meetings. Board meeting agendas are posted 72 hours prior to the meeting pursuant to the Ralph M. Brown Act (Cal. Gov. Code §§ 54950 et seq.). The public may address the Pioneer Governing Board on any matter on the agenda or subjects not on the agenda in public comment. Any update to the Policy will be noticed in the agenda, and subsequently posted to the Pioneer website upon Board approval. Copies of previous versions may be requested at [email protected]. Pioneer also prints the Policy link on customer bills. Information is maintained per Pioneer’s Record Retention Schedule. If you have questions, concerns, or would like to view your disclosed information, please contact: Customer Service Representative, 2510 Warren Drive, Suite B Rocklin CA 95677, (916) 758-8969 or email [email protected]
Customer Notice
of Accessing, Collecting, Storing, Using and
Disclosing Energy Usage Information
8 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y Confidentiality and Privacy Acknowledgement
I, ______________________________________, an Authorized Individual of Pioneer Community Energy, hereby acknowledge and understand that as an employee, consultant or advisor of Pioneer Community Energy, I may have access to customer information, or personal information, including, but not limited to billing records, payment history, usage, program eligibility, debt collection and customer communications, salary, benefit, medical, government identification numbers, and other private or confidential information.

I have read California Public Utilities Code §394.4 and 588, and California Government Code §6254.16, Pioneer’s Records Management Policy and Pioneer’s Customer Information Privacy and Confidentiality Notice. I understand, I am obligated to uphold the confidentiality of customer and personal information and that authorization from a Director or the Executive Director is required prior to releasing any customer information to individuals or entities outside of Pioneer, or discussion of such information with employees who are not authorized to have access to such information.

Signature___________________________ Name ___________________________ Date ____________ Public Utilities Code §394.4.

Rules that implement the following minimum standards shall be adopted by the commission for electric service providers offering electrical services to residential and small commercial customers and the governing body of a public agency offering electrical services to residential and small commercial customers within its jurisdiction:
(a) Confidentiality: Customer information shall be confidential unless the customer consents in writing. This shall encompass confidentiality of customer specific billing, credit, or usage information. This requirement shall not extend to disclosure of generic information regarding the usage, load shape, or other general characteristics of a group or rate classification, unless the release of that information would reveal customer specific information because of the size of the group, rate classification, or nature of the information.
(b) Physical disconnects and reconnects: Only an electrical corporation, or a publicly owned electric utility, that provides physical delivery service to the affected customer shall have the authority to physically disconnect or reconnect a customer from the transmission or distribution grid. Physical disconnection by electrical corporations subject to the commission’s jurisdiction shall occur only in accordance with protocols established by the commission. Physical disconnection by publicly owned electric utilities shall occur only in accordance with protocols established by the governing board of the local publicly owned electric utility.
(c) Change in providers: Upon adequate notice supplied by a electric service provider to the electric corporation or local publicly owned electric utility providing physical delivery service, customers who are eligible for direct access may change their energy supplier. Energy suppliers may charge for this change, 9 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y provided that any fee or penalty charged by the supplier associated with early termination of service, shall be disclosed in that contract or applicable tariff.
(d) Written notices: Notices describing the terms and conditions of service as described in Section 394.5, service agreements, notices of late payment, notices of discontinuance of service, and disconnection notices addressed to residential and small commercial customers shall be easily understandable, and shall be provided in the language in which the electric service provider offered the services. (e) Billing: All bills shall have a standard bill format, as determined by the commission or the governing body, and shall contain sufficient detail for the customer to recalculate the bill for accuracy. Any late fees shall be separately stated. Each electric service provider shall provide on all customer bills a phone number by which customers may contact the electric service provider to report and resolve billing inquiries and complaints. An electric service provider contacted by a customer regarding a billing dispute shall advise the customer at the time of the initial contact that the customer may file a complaint with the commission if its dispute is not satisfactorily resolved by the electric service provider. (f) Meter integrity: An electric customer shall have a reasonable opportunity to have its meter tested to ensure the reasonable accuracy of the meter. The commission or governing body shall determine who is responsible for the cost of that testing.
(g) Customer deposits: Electric service providers may require customer deposits before commencing service, but in no event shall the deposit be more than the estimated bill for the customer for a three-month period. (h) Additional protections: The commission or the governing body may adopt additional residential and small commercial consumer protection standards that are in the public interest.

Public Utilities Code §588.
(a) Notwithstanding any regulation, tariff, opinion, or interim opinion of the Public Utilities Commission, or any other provision of law, an inspector or investigator, as defined in Section 830.1 of the Penal Code, who is employed in the office of a district attorney may request and shall receive from telephone, gas, and electric public utilities customer information limited to the full name, date of birth, social security number, address, prior address, forwarding address, place of employment, and date of service instituted, terminated, or suspended by, utility customers to the extent the information is stored within the utility records and computer data bases. However, in no case shall information be released disclosing customer usage of the services provided by the utility without a court order or subpoena. (b) In order to protect the privacy interest of utility customers, a request to a public utility for customer information pursuant to this section shall meet the following requirements:
(1) The requested information is relevant and material to an investigation pursuant to Sections 3130, 3131, 3132, 3133, and 3134 of the Family Code concerning the kidnapping, abduction, concealment, detention, or retention of a minor child and that the inspector or investigator requesting the information has a reasonable, good faith belief that the utility customer information is needed to assist the inspector or investigator in the location or recovery of a minor child or abductor, coconspirator or aider and abettor of the continuing crime of child abduction or concealment. (2) Only inspectors and investigators as defined in Section 830.1 of the Penal Code, who are employed in the office of a district attorney whose names have been submitted to the utility in writing by a district attorney’s office, may request and receive customer and customer service information pursuant to this section. Each district attorney’s office shall ensure that each public utility has at all times a current list of the names of inspectors and investigators authorized to request and receive customer and customer service information. Each district attorney’s office shall immediately notify the utility in writing and 10 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y withdraw the names of inspectors and investigators from the authorized list who no longer have a need for the access.
(3) This section does not authorize inspectors and investigators to obtain any utility customer information, other than that authorized by this section, without proper service of process as required by law. (4) The district attorney’s office requesting and receiving utility information shall ensure its confidentiality.

At no time shall any information obtained pursuant to this section be disclosed or used for any purpose other than to assist in the location or recovery of a person or persons specified in paragraph (1). (5) The inspector or investigator requesting utility information authorized for release by this section shall make a record on a form created and maintained by the district attorney’s office, which shall include the name of the utility customer about whom the inquiry was made, the name of the inspector or investigator making the inquiry, the date of inquiry, the name of the utility, the utility employee to whom the request was made, and the information that was requested and received. (6) The inspector or investigator requesting information pursuant to this section shall prepare and sign, under penalty of perjury, a written affidavit of probable cause, which shall be contained on a form created by the Attorney General’s office in consultation with telephone, gas, and electric utilities. The form shall be retained by the utility for a period of one year and shall contain a statement of all the facts known to the inspector or investigator that support the existence of all of the requirements of this section. The affidavit shall also contain a statement of exigent circumstances, explaining why the inspector or investigator could not seek and obtain a search warrant, court order, or other court process for the production of the information sought.
(c) No public utility, or official or employee thereof, shall be subject to criminal or civil liability for the release of customer information in reasonable reliance on an affidavit appearing on its face to be valid, and which was submitted by a person whose name appears on the current authorization list, as required in paragraph (2) of subdivision (b). However, any person who willfully violates any provision of this section is guilty of a misdemeanor, pursuant to Section 2112.5.
(d) The utility receiving the request for customer information may charge the requesting district attorney’s office a reasonable fee for the search and release of the requested information and for the storage of the required forms.

Government Code § 6254.16.

Nothing in this chapter shall be construed to require the disclosure of the name, credit history, utility usage data, home address, or telephone number of utility customers of local agencies, except that disclosure of name, utility usage data, and the home address of utility customers of local agencies shall be made available upon request as follows:
(a) To an agent or authorized family member of the person to whom the information pertains. (b) To an officer or employee of another governmental agency when necessary for the performance of its official duties.
(c) Upon court order or the request of a law enforcement agency relative to an ongoing investigation. (d) Upon determination by the local agency that the utility customer who is the subject of the request has used utility services in a manner inconsistent with applicable local utility usage policies. (e) Upon determination by the local agency that the utility customer who is the subject of the request is an elected or appointed official with authority to determine the utility usage policies of the local agency, provided that the home address of an appointed official shall not be disclosed without his or her consent. (f) Upon determination by the local agency that the public interest in disclosure of the information clearly outweighs the public interest in nondisclosure.
11 | P i o n e e r C o m m u n i t y E n e r g y R e c o r d R e t e n t i o n P o l i c y

COMMUNITY CHOICE AGGREGATOR

NON-DISCLOSURE AGREEMENT
I.EXHIBIT A

NON-DISCLOSURE AGREEMENT

FOR CCA EMPLOYEES OR REPRESENTATIVES
II. I, , declare under penalty of perjury that
(1) I am employed as (title) at
(employer and address); and
(2)I have personally reviewed the attached COMMUNITY CHOICE AGGREGATOR NON- DISCLOSURE AGREEMENT relating to disclosure and use of Confidential Information (as defined therein) and I agree to be bound by its provisions.

Signed:

Print Name:

Dated:

Automated Document, Preliminary Statement Part A Page 6 of 6 Form 79-1031
Advice 3383-G/4221-E Revised May 2013
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ATTACHMENT B:

Rules Regarding Privacy and Security Protections for Energy Usage Data Applicable to Community Choice Aggregators or Electrical Service Providers (when providing service to residential or small commercial customers)

1. DEFINITIONS
(a) Covered Entity. A “covered entity” is (1) any Community Choice Aggregator or Electrical Service Provider (when
providing service to residential or small commercial customers), or any third party that provides services to a Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) under contract, (2) any third party who accesses, collects, stores, uses or discloses covered information pursuant to an order of the Commission, unless specifically exempted, who obtains this information from an electrical corporation, a Community Choice Aggregator or an Electrical Service Provider (when providing service to residential or small commercial customers)or (3) any third party, when authorized by the customer, that accesses, collects, stores, uses, or discloses covered information relating to 11 or more customers who obtains this information from an electrical corporation, a Community Choice Aggregator or an Electrical Service Provider (when providing service to residential or small commercial customers).1
(b) Covered Information. “Covered information” is any usage information obtained through the use of the capabilities of Advanced Metering Infrastructure when associated with any information that can reasonably be used to identify an individual, family, household, residence, or non-residential customer, except that covered information does not include usage information 1 The Commission and its agents, including but not limited to contractors and consultants, are not “covered entities” subject to these rules because the Commission and its agents are subject to separate statutory provisions pertaining to data.

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from which identifying information has been removed such that an individual, family, household or residence, or non-residential customer cannot reasonably be identified or re-identified.

Covered information, however, does not include information provided to the Commission pursuant to its oversight
responsibilities.
(c) Primary Purposes. The “primary purposes” for the collection, storage, use or disclosure of covered information are to— (1) provide or bill for electrical power or gas,
(2) provide for system, grid, or operational needs,
(3) provide services as required by state or federal law or as specifically authorized by an order of the Commission, or (4) plan, implement, or evaluate demand response, energy management, or energy efficiency programs under
contract with a Community Choice Aggregator or an
Electrical Service Provider (when providing service to
residential or small commercial customers), under contract with the Commission, or as part of a Commission
authorized program conducted by a governmental entity
under the supervision of the Commission.
(e) Secondary Purpose. “Secondary purpose” means any
purpose that is not a primary purpose.

2. TRANSPARENCY (NOTICE)
(a) Generally. Covered entities shall provide customers with meaningful, clear, accurate, specific, and comprehensive notice regarding the accessing, collection, storage, use, and disclosure of covered information. Provided, however, that covered entities using covered data solely for a primary purpose on behalf of and under contract with utilities are not required to provide notice separate from that provided by the utility.
(b) When Provided. Covered entities shall provide written notice when confirming a new customer account and at least once a year shall inform customers how they may obtain a copy of the covered entity’s notice regarding the accessing, collection, storage, use, and disclosure of covered information, and shall R.08-12-009 COM/MP1/acr
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provide a conspicuous link to the notice on the home page of their website, and shall include a link to their notice in all electronic correspondence to customers.
(c) Form. The notice shall be labeled Notice of Accessing, Collecting, Storing, Using and Disclosing Energy Usage
Information and shall—
(1) be written in easily understandable language, and
(2) be no longer than is necessary to convey the requisite information.
(d) Content. The notice and the posted privacy policy shall state clearly—
(1) the identity of the covered entity,
(2) the effective date of the notice or posted privacy policy, (3) the covered entity’s process for altering the notice or posted privacy policy, including how the customer will be informed of any alterations, and where prior versions will be made available to customers, and
(4) the title and contact information, including email address, postal address, and telephone number, of an official at the covered entity who can assist the customer with privacy questions, concerns, or complaints regarding the
collection, storage, use, or distribution of covered
information.

3. PURPOSE SPECIFICATION
The notice required under section 2 shall provide—
(a) an explicit description of—
(1) each category of covered information collected, used, stored or disclosed by the covered entity, and, for each category of covered information, the reasonably specific purposes for which it will be collected, stored, used, or disclosed,
(2) each category of covered information that is disclosed to third parties, and, for each such category, (i) the purposes for which it is disclosed, and (ii) the categories of third parties to which it is disclosed, and
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(3) the identities of those third parties to whom data is disclosed for secondary purposes, and the secondary
purposes for which the information is disclosed;
(b) the approximate period of time that covered information will be retained by the covered entity;
(c) a description of—
(1) the means by which customers may view, inquire about, or dispute their covered information, and
(2) the means, if any, by which customers may limit the collection, use, storage or disclosure of covered
information and the consequences to customers if they
exercise such limits.

4. INDIVIDUAL PARTICIPATION (ACCESS AND CONTROL)
(a) Access. Covered entities shall provide to customers upon request convenient and secure access to their covered information— (1) in an easily readable format that is at a level no less detailed than that at which the covered entity discloses the data to third parties.
(2) The Commission shall, by subsequent rule, prescribe what is a reasonable time for responding to customer requests for access.
(b) Control. Covered entities shall provide customers with convenient mechanisms for—
(1) granting and revoking authorization for secondary uses of covered information,
(2) disputing the accuracy or completeness of covered
information that the covered entity is storing or
distributing for any primary or secondary purpose, and
(3) requesting corrections or amendments to covered
information that the covered entity is collecting, storing, using, or distributing for any primary or secondary
purpose.
(c) Disclosure Pursuant to Legal Process.

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(1) Except as otherwise provided in this rule or expressly authorized by state or federal law or by order of the
Commission, a covered entity shall not disclose covered information except pursuant to a warrant or other court order naming with specificity the customers whose
information is sought. Unless otherwise directed by a
court, law, or order of the Commission, covered entities shall treat requests for real-time access to covered
information as wiretaps, requiring approval under the
federal or state wiretap law as necessary.
(2) Unless otherwise prohibited by court order, law, or order of the Commission, a covered entity, upon receipt of a
subpoena for disclosure of covered information pursuant to legal process, shall, prior to complying, notify the customer in writing and allow the customer 7 days to
appear and contest the claim of the person or entity
seeking disclosure.
(3) Nothing in this rule prevents a person or entity seeking covered information from demanding such information
from the customer under any applicable legal procedure
or authority.
(4) Nothing in this section prohibits a covered entity from disclosing covered information with the consent of the
customer, where the consent is express, in written form, and specific to the purpose and to the person or entity seeking the information.
(5) Nothing in this rule prevents a covered entity from disclosing, in response to a subpoena, the name, address and other contact information regarding a customer.
(6) On an annual basis, covered entities shall report to the Commission the number of demands received for
disclosure of customer data pursuant to legal process or pursuant to situations of imminent threat to life or
property and the number of customers whose records
were disclosed. Upon request of the Commission, covered entities shall report additional information to the
Commission on such disclosures. The Commission may
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make such reports publicly available without identifying the affected customers, unless making such reports public is prohibited by state or federal law or by order of the Commission.
(d) Disclosure of Information in Situations of Imminent Threat to Life or Property. These rules concerning access, control and disclosure do not apply to information provided to emergency responders in situations involving an imminent threat to life or property. Emergency disclosures, however, remain subject to reporting rule 4(c)(6).

5. DATA MINIMIZATION
(a) Generally. Covered entities shall collect, store, use, and disclose only as much covered information as is reasonably necessary or as authorized by the Commission to accomplish a specific primary purpose identified in the notice required under section 2 or for a specific secondary purpose authorized by the customer.
(b) Data Retention. Covered entities shall maintain covered information only for as long as reasonably necessary or as authorized by the Commission to accomplish a specific primary purpose identified in the notice required under section 2 or for a specific secondary purpose authorized by the customer.
(c) Data Disclosure. Covered entities shall not disclose to any third party more covered information than is reasonably necessary or as authorized by the Commission to carry out on behalf of the covered entity a specific primary purpose identified in the notice required under section 2 or for a specific secondary purpose authorized by the customer.

6. USE AND DISCLOSURE LIMITATION
(a) Generally. Covered information shall be used solely for the purposes specified by the covered entity in accordance with section 3.
(b) Primary Purposes. A Community Choice Aggregator, an Electrical Service Provider (when providing service to residential R.08-12-009 COM/MP1/acr
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or small commercial customers), a third party acting under contract with the Commission to provide energy efficiency or energy efficiency evaluation services authorized pursuant to an order or resolution of the Commission, or a governmental entity providing energy efficiency or energy efficiency evaluation services pursuant to an order or resolution of the Commission may access, collect, store and use covered information for primary purposes without customer consent. Other covered entities may collect, store and use covered information only with prior customer consent, except as otherwise provided here. (c) Disclosures to Third Parties.
(1) Initial Disclosure by a Community Choice Aggregator or an Electrical Service Provider (when providing service to residential or small commercial customers). A
Community Choice Aggregator or an Electrical Service
Provider (when providing service to residential or small commercial customers) may disclose covered information
without customer consent to a third party acting under
contract with the Commission for the purpose of providing services authorized pursuant to an order or resolution of the Commission or to a governmental entity for the
purpose of providing energy efficiency or energy efficiency evaluation services pursuant to an order or resolution of the Commission. A Community Choice Aggregator or an
Electrical Service Provider (when providing service to
residential or small commercial customers) may disclose covered information to a third party without customer
consent
a. when explicitly ordered to do so by the Commission; or b. for a primary purpose being carried out under contract with and on behalf of the Community Choice Aggregator
or Electrical Service Provider (when providing service to residential or small commercial customers)disclosing the data; provided that the covered entity disclosing the data shall, by contract, require the third party to agree to access, collect, store, use, and disclose the covered
information under policies, practices and notification
requirements no less protective than those under which
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the covered entity itself operates as required under this rule, unless otherwise directed by the Commission.
(2) Subsequent Disclosures. Any entity that receives
covered information derived initially from a covered
entity may disclose such covered information to another entity without customer consent for a primary purpose,
provided that the entity disclosing the covered
information shall, by contract, require the entity receiving the covered information to use the covered information
only for such primary purpose and to agree to store, use, and disclose the covered information under policies,
practices and notification requirements no less protective than those under which the covered entity from which the covered information was initially derived operates as
required by this rule, unless otherwise directed by the Commission.
(3) Terminating Disclosures to Entities Failing to Comply With Their Privacy Assurances. When a covered entity
discloses covered information to a third party under this subsection 6(c), it shall specify by contract, unless
otherwise ordered by the Commission, that it shall be
considered a material breach if the third party engages in a pattern or practice of accessing, storing, using or
disclosing the covered information in violation of the third party’s contractual obligations to handle the covered
information under policies no less protective than those under which the covered entity from which the covered
information was initially derived operates in compliance with this rule.
x If a covered entity disclosing covered information for a primary purpose being carried out under contract with
and on behalf of the entity disclosing the data finds that a third party contractor to which it disclosed covered
information is engaged in a pattern or practice of
accessing, storing, using or disclosing covered
information in violation of the third party’s contractual obligations related to handling covered information,
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the disclosing entity shall promptly cease disclosing
covered information to such third party.
x If a covered entity disclosing covered information to a Commission-authorized or customer-authorized third
party receives a customer complaint about the third
party’s misuse of data or other violation of the privacy rules, the disclosing entity shall, upon customer request or at the Commission’s direction, promptly cease
disclosing that customer’s information to such third
party. The disclosing entity shall notify the
Commission of any such complaints or suspected
violations.
(4) Nothing in this section shall be construed to impose any liability on a Community Choice Aggregator or an
Electrical Service Provider (when providing service to
residential or small commercial customers) relating to
disclosures of information by a third party when i) the Commission orders the provision of covered data to a
third party; or ii) a customer authorizes or discloses
covered data to a third party entity that is unaffiliated with and has no other business relationship with the
Community Choice Aggregator or the Electrical Service
Provider (when providing service to residential or small commercial customers). After a secure transfer, the
Community Choice Aggregator or the Electrical Service
Provider (when providing service to residential or small commercial customers) shall not be responsible for the
security of the covered data or its use or misuse by such third party. This limitation on liability does not apply when a utility has acted recklessly.
(d) Secondary Purposes. No covered entity shall use or disclose covered information for any secondary purpose without
obtaining the customer’s prior, express, written authorization for each type of secondary purpose. This authorization is not required when information is—
(1) provided pursuant to a legal process as described in 4(c) above;
R.08-12-009 COM/MP1/acr
- B10 -
(2) provided in situations of imminent threat to life or property as described in 4(d) above; or
(3) authorized by the Commission pursuant to its jurisdiction and control.
(e) Customer Authorization.
(1) Authorization. Separate authorization by each customer must be obtained for all disclosures of covered
information except as otherwise provided for herein.
(2) Revocation. Customers have the right to revoke, at any time, any previously granted authorization.
(3) Opportunity to Revoke. The consent of a residential customer shall continue without expiration, but an entity receiving information pursuant to a residential customer’s authorization shall contact the customer, at least annually, to inform the customer of the authorization granted and to provide an opportunity for revocation. The consent of a non-residential customer shall continue in the same way, but an entity receiving information pursuant to a non-residential customer’s authorization shall contact the customer, to inform the customer of the authorization
granted and to provide an opportunity for revocation
either upon the termination of the contract, or annually if there is no contract.
(f) Parity. Covered entities shall permit customers to cancel authorization for any secondary purpose of their covered information by the same mechanism initially used to grant authorization.
(g) Availability of Aggregated Usage Data. Covered entities shall permit the use of aggregated usage data that is removed of all personally-identifiable information to be used for analysis, reporting or program management provided that the release of that data does not disclose or reveal specific customer information because of the size of the group, rate classification, or nature of the information.

7. DATA QUALITY AND INTEGRITY
R.08-12-009 COM/MP1/acr
- B11 -
Covered entities shall ensure that covered information they collect, store, use, and disclose is reasonably accurate and complete or otherwise compliant with applicable rules and tariffs regarding the quality of energy usage data.

8. DATA SECURITY
(a) Generally. Covered entities shall implement reasonable administrative, technical, and physical safeguards to protect covered information from unauthorized access, destruction, use, modification, or disclosure.
(b) Notification of Breach. A covered third party shall notify the covered Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) that is the source of the covered data within one week of the detection of a breach. Upon a breach affecting 1,000 or more customers, whether by a covered Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) or by a covered third party, the covered Community Choice Aggregator or Electrical Service Provider (when
providing service to residential or small commercial customers) shall notify the Commission’s Executive Director of security breaches of covered information within two weeks of the detection of a breach or within one week of notification by a covered third party of such a breach. Upon request by the Commission, Community Choice Aggregators or Electrical
Service Providers (when providing service to residential or small commercial customers) shall notify the Commission’s Executive Director of security breaches of covered information.
(c) Annual Report of Breaches. In addition, Community Choice Aggregators or Electrical Service Providers (when providing service to residential or small commercial customers) shall file an annual report with the Commission’s Executive Director, commencing with the calendar year 2012, that is due within 120 days of the end of the calendar year and notifies the Commission of all security breaches within the calendar year affecting covered information, whether by the covered Community Choice
R.08-12-009 COM/MP1/acr
- B12 -
Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) or by a third party.

9. ACCOUNTABILITY AND AUDITING
(a) Generally. Covered entities shall be accountable for complying with the requirements herein, and must make
available to the Commission upon request or audit—
(1) the privacy notices that they provide to customers, (2) their internal privacy and data security policies,
(3) the categories of agents, contractors and other third parties to which they disclose covered information for a primary purpose, the identities of agents, contractors and other third parties to which they disclose covered
information for a secondary purpose, the purposes for
which all such information is disclosed, indicating for each category of disclosure whether it is for a primary purpose or a secondary purpose. (A covered entity shall retain and make available to the Commission upon request
information concerning who has received covered
information from the covered entity.), and
(4) copies of any secondary-use authorization forms by which the covered party secures customer authorization for
secondary uses of covered data.
(b) Customer Complaints. Covered entities shall provide customers with a process for reasonable access to covered information, for correction of inaccurate covered information, and for addressing customer complaints regarding covered information under these rules.
(c) Training. Covered entities shall provide reasonable training to all employees and contractors who use, store or process covered information.
(d) Audits. Each Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) shall conduct an independent audit of its data privacy and security practices in conjunction every three R.08-12-009 COM/MP1/acr
- B13 -
years following 2012 and at other times as required by order of the Commission. The audit shall monitor compliance with data privacy and security commitments, and the Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) shall report the findings to the Commission.
(e) Reporting Requirements. On an annual basis, each
Community Choice Aggregator or Electrical Service Provider (when providing service to residential or small commercial customers) shall disclose to the Commission as part of an annual report required by Rule 8.b, the following information:
(1) the number of authorized third parties accessing covered information,
(2) the number of non-compliances with this rule or with contractual provisions required by this rule experienced by the utility, and the number of customers affected by each non-compliance and a detailed description of each
non-compliance.
(END OF ATTACHMENT B)
1 | Pioneer Community Energy Record Retention Policy
Record Retention Schedule
Accident reports and claims (settled cases) 7 years
Accounts payable ledgers, schedules, and trial balances 7 years Accounts receivable ledgers, schedules, and trial balances 7 years Accounts – collections 7 years
Assignments 3 years
Audit reports of accountants Permanently
Bank reconciliations 2 years
Bank statements, cancelled checks, and deposit slip s 7 years Cash books Permanently
Cash receipts and disbursements 7 years
Chart of accounts Permanently
Checks (cancelled, all other) 7 years
Checks (cancelled, for important payments, i.e. taxes, property purchases, Permanently special contracts, etc. File checks with the transaction papers) Contracts and leases (expired) 7 years
Contracts and leases still in effect Expiration +7 years Agency records and minutes Permanently
CA- 590 (shred at expiration) 2 years
Correspondence (legal and important matters only) Permanently Correspondence general 3 years
CPE records 7 years
Credit Applications (Business) 1 year (after notification) Customer Data and Personally identifiable information (PII) 5 years Depreciation schedules 7 years
Duplicate deposit slips 1 year
Electronic fund transfer documents 7 years
Employee personnel records (after termination) 7 years
Employment applications 3 years
Equipment records & invoices 5 years (after disp)
Expense reports, analyses and distribution schedules 7 years Expired contracts and notes receivable 7 years
Expired purchase contracts 7 years
Federal, state and local tax returns Permanently
Financial statements (end-of-year trial balances) Permanently Fixed asset records and appraisals Permanently
Forecasts & projections 7 years
Forms W-4 7 years
Garnishments 3 years
General Ledgers (end-of-year trial balances) Permanently l-9s (after termination) 2 years
Insurance records, current accident reports, claims, policies, etc. Permanently Interim and year-end financial statements and trial balances Permanently Invoices 7 years
Journals Permanently
Licenses Permanently
Litigation support files 3 years
Loan documents, notes Permanently
Marketing publications, promotional brochures, newsletters & alerts 3 years Minute books of directors, including bylaws and charter Permanently Monthly trial balances Permanently
mPOWER Applications – hold before closing 30 days
mPOWER Applications withdrawn 5 years
mPOWER Applications denied 5 years
mPOWER Applications completed and disbursed Payoff + 7 years 2 | Pioneer Community Energy Record Retention Policy
mPOWER Reports Indefinite
Notice of Cancellations Indefinite
Paid bills and vouchers 7 years
Payroll journals 7 years
Payroll records and summaries 7 years
Payroll reports (federal & state) 7 years
Physical inventory records 7 years
Physical inventory tags 7 years
Privacy and Confidentiality forms (signed) Termination + 2 year Property records including costs, depreciation schedules, blueprints, plans Permanently Property titles and mortgages Permanently
Purchase journals 7 years
Purchase orders 7 years
Receiving sheets 2 years
Retirement plan (401 (a) plan info) Permanently
Requisitions 7 years
Sales journals 7 years
Sales records 7 years
Subsidiary ledgers 7 years
Tax exemption documents, including application for exemptions Permanently Uncollectible accounts and write offs 7 years
Vendors' invoices & paid bills 7 years
Voucher for payments to vendors, employees, etc. 7 years (includes all allowances and reimbursement of employees, officers) W-2 or 1099 forms 7 years
W-4 forms 4 years
W-9 forms (shred at expiration) 2 years
Workman's comp documents 11years
Before the Governing Board of
Pioneer Community Energy
Resolution No.: ____________
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held February 17, 2022, by the following roll call vote:

Ayes:

Noes:

Absent:

Signed and approved by me after its passage.
______________________________
Chair of the Governing Board
Attest:
_______________________
Secretary
WHEREAS, on June 3, 2019, the Governing Board adopted a Records Management Policy, which established a Records Retention Schedule; and
WHEREAS, the purpose of this Resolution approving updates to the Records Retention Schedule for Pioneer Community Energy is to fully incorporate and organize documents currently generated by Pioneer; and
WHEREAS, the updated Records Retention Schedule, as attached as Exhibit A, is conducive to an agency-wide centralized approach for records management; and WHEREAS, the updated Records Retention Schedule will better ensure that Pioneer’s records are kept as long as legally and operationally required and that obsolete records are disposed of in a systematic and controlled manner.

BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:

1. The above recitals are true and correct.

2. The Governing Board does hereby approve the updated Records Retention Schedule for Pioneer Community Energy attached hereto as Exhibit A. The records of Pioneer Community Energy, as set forth in Records Retention Schedule, are hereby authorized to be destroyed as provided in Government Code Section 34090 et seq. of the Government Code, and in accordance with said schedule, upon the request of the Board Secretary and with the consent in writing of the General Counsel, without further action by the Governing Board.

In the matter of: Adopting a Resolution Approving an
Updated Records Retention Schedule for Pioneer
Community Energy and Authorizing the Executive
Director to Make Further Updates to the Retention
Schedule and the Records Management, Retention
and Destruction Policy
2 3. The Governing Board hereby authorizes the Executive Director, as approved by the General Counsel, to make updates to the Records Retention Schedule without further action by the Governing Board.

4. The Governing Board hereby authorizes the Executive Director, as approved by the General Counsel, to make any necessary updates to the Records Management, Retention, and Destruction Policy, without further action by the Governing Board.

3. This Resolution shall take effect immediately upon its adoption.

Exhibit A: Agency-Wide Records Retention Schedule for Pioneer Community Energy Resolution 2022-xx
February 17, 2022
Pioneer Community Energy Records Retention Schedule

ADMINISTRATION
Record Type Retention Descripton/Comment
By-Laws Permanent all amendments and complete By-Laws document Expansion Permanent Feasibility Studies & Impact Assessments Permanent Implementation Plans and CPUC certification
Grand Jury Reports Permanent reports and response
Joint Powers Agreement Permanent complete JPA documents and all amendments Permanent 30-Day Notices to Member Agencies
Permanent filing notices to Secretary of State, State Treasurer, LAFCo Strategic Plan Permanent Implementation (adoption)
Permanent Plan Documents
Membership Term + 5 appointments, oaths, Selection of Officers, annual rosters Agendas Permanent
Minutes Permanent approved & signed
Resolutions Permanent adopted & signed; resolution index Agenda Reports & Presentations Permanent subject files
Membership Term + 5 Board appointments, oaths, Selection of Officers, annual roster
Agendas Permanent
Minutes Permanent approved & signed
Agenda Reports & Presentations Permanent meeting folders Correspondence 3 years Member Agencies, Board Members, Staff Contracts signed by Executive Directort Expiration + 7 documents and index Correspondence Permanent legal and important matters only Litigation Support Files 3 years
Contract for Services Expiration + 7
Purpose: To implement a records retention schedule in order to ensure that Pioneer Community Energy's ("Pioneer") records are kept as long as legally and operationally required and that obsolete records are disposed of in a systematic and controlled manner. The schedule is intended to ensure adherence to approved recordkeeping requirements, and that it is done in a consistent manner.

Policy: Records will be retained according to the following schedule. After the required retention date has passed, all documents or electronic files will be deleted or discarded according to policy unless there is specific reason in the interest of Pioneer to maintain the record for a longer period of time.

AGENCY DOCUMENTS
BOARD of DIRECTORS

COMMITTEES

EXECUTIVE DIRECTOR

GENERAL COUNSEL
updated: 2/17/2022
I I
I I
Pioneer Community Energy Records Retention Schedule
ADMINISTRATION - continued
Record Type Retention Descripton/Comment
Agency Job Descriptions & Salary Ranges Active + 3
Agency Organizational Charts Active + 2
Policies Active - Permanent
Records Management Permanent Disposition of Records Certificate 4 years Disposition of Records (Destruction Authorization Form) Closed + 2 Disposition of Records (Transfer List)
Active + 4 Records Retention Schedule
Closed + 2 Records Requests
CalCCA Expiration + 7 agreements
3 years correspondence
CPUC Expiration + 7 agreements
3 years correspondence
FPPC
Conflict of Interest Code Active + 5 Approved Code (initial review; biennial review/update) Statement of Economic Interest Filings Term + 5 Assuming Office (copies; originals to FPPC) Term + 5 Leaving Office (copies; originals to FPPC)
Term + 5 Annual Statements (copies; originals to FPPC)
Term + 2 Notifications
LAFCo
County of Placer Permanent Notice of JPA Amendments
County of El Dorado Permanent Notice of JPA Amendments
Secretary of State
Filings Permanent Registry of Public Officers (annual & occurrence); Notice of JPA Amendments
Correspondence 3 years
State Treasurer's Office
Filings Permanent Notice of JPA Amendments
Correspondence 3 years

FINANCE DIVISION
Record Type Retention Descripton/Comment
Accounts Payable Audit + 4 Invoices, check copies, supporting documents Accounts Receivable Audit + 4
Bank Reconciliation Audit + 5 Statements, summaries for receipts, disbursements & reconciliation
Billing Records (Customer Data and
Personally Identifiable Information)
Audit + 2 Customer name, service address, meter reading, usage, payments, applications/cancellations
Budget - Adopted Permanent
Budget - Proposed Current Year + 2 Presented to Board
Budget adjustments, journal entries Audit + 2 Account transfers Checks Audit + 5 Includes payroll, canceled & voided checks

OTHER AGENCIES

ACCOUNTING

ORGANIZATION
updated: 2/17/2022
Pioneer Community Energy Records Retention Schedule
FINANCE DIVISION - continued
Record Type Retention Descripton/Comment
Deposits, Receipts Audit + 4 Checks, coins, currency
General Ledger Permanent
Invoices -(Pioneer Generated) Audit + 2 Copies sent for fees owed, billing, related documents Journals Audit + 2
Tax returns (Federal, State, Local) Audit + 7
Utility Billing Current Year + 2 Billing including monthly activity

CLAIMS/WORKERS COMPENSATION
Accident reports/claims Completion + 7
Workers Compensation Documents Permanent Claims, Reports, Incidents

FIXED ASSETS
Depreciation schedules Audit + 4
Fixed Asset Inventory Audit + 4 Reflects purchase date, cost, account number Surplus Fixed Asset Disposal Audit + 4 List, disposal means, bids (if applicable) Loans (Bonds) Account
Statements
Completion + 10 Monthly statement of transactions, supporting documents.

PAYROLL
Employment Applications 3 years
Employee Personnel Records Termination + 7
Employee Time Sheets Audit + 6
Payroll Adjustments Audit + 4 Audit purposes
Payroll Report Permanent Labor costs by employee & program Salary Records Termination + 3 Deduction authorization, beneficiary designations, unemployment claims, garnishments

PURCHASING
Bids, RFQ’s, RFP’s Audit + 4 Requests for Qualifications; Requests for Proposals regarding goods and services
Bids, RFQ’s, RFP’s--(Successful) Audit + 5 Responses regarding goods and services Bids, RFQ’s, RFP’s--(Unsuccessful) Current Year + 2 Responses regarding goods and services Contracts, Leases Completion + 7
Leases (real property) Completion + 10 leases that include improvements made to real property Purchase Orders Audit + 4 Original documents
Vendor Register Permanent Vendor listing of purchase orders, invoices, check date, amount paid

REPORTS
Audits Permanent
Deferred Compensation Termination + 5 Records of employee contributions and Pioneer payments

LOANS (BONDS) ACCOUNT STATEMENTS
updated: 2/17/2022
I I
I I
I I
I I
I I
Pioneer Community Energy Records Retention Schedule
FINANCE DIVISION - continued
Record Type Retention Descripton/Comment
Federal and State Tax Audit + 4 Forms 1096, 1099, W-4’s and W-2's Financial, Annual Audit + 7
State Controller Permanent
Utility Rebates Current Year + 2

MARKETING & PUBLIC AFFAIRS
Record Type Retention Descripton/Comment
Marketing Materials 3 years publications, promotional brochures, newsletters & alerts Press Releases 2 years
Presentations 2 years

POWER RESOURCES
Record Type Retention Descripton/Comment
EEI Contracts Permanent
IST Power Confirmations Expiration + 5
IST RFPs Term + 5
Non-Disclosure Agreements Permanent
Parental Guarantees and Letters of Credit Permanent
Power Content Label Term + 5
RA Power Confirmations Expiration + 5
RA RFPs Term + 5
RPS Power Confirmations Expiration + 5
RPS RFPs Term + 5

PROGRAMS
Record Type Retention Descripton/Comment
mPOWER Applications 2 years
mPOWER applications withdrawn 5 years
mPWOER applications denied 5 years
mPOWER applications completed and
dispersed
Completion + 7
Privacy and Confidentiality signed forms Termination + 4

REGULATORY & LEGISLATIVE AFFAIRS
Record Type Retention Descripton/Comment
Bill Analysis 3 years
CPUC Advice Letters Permanent
Legislative Platforms Permanent
Regulatory Compliance Filings Permanent
Research Information 3 years
updated: 2/17/2022

Staff Report – Item 1d
To: The Governing Board
From: Brad Koehn, Director of Finance and Administration Item 1d: Receive Quarterly Financial Reports Through December 2021 Date: 2/17/2022

ACTION REQUESTED
Receive Quarterly Financial Reports through December 2021.

BACKGROUND
The Year-To-Date (YTD) financial reports presented with this report are produced by Maher Accountancy for Board and management review. Although these reports are unaudited, they provide the most up-to-date financial data for Pioneer Community Energy. Placer County Treasurer’s Office is recording any activity for the mPOWER program in the County financial system and that information will be merged with Pioneer’s CCA program at a later date. For December 2021, the financial reporting package includes the following reports for the CCA Fund only:
• Statement of Net Position (Balance Sheet) – Accounting of Assets, Liabilities and Net Position as of the reporting period end date for the CCA program. • Statement of Revenues, Expenses, and Changes in Net Position (P&L) – Accounting of all revenues, expenses, and changes in net position on a YTD basis through the reporting period end date for the CCA program.
• Budget to Actuals – Comparison of budget to actuals on a YTD basis through the reporting period end date for the CCA program.

ANALYSIS & DISCUSSION
The table below shows the year-to-date budget-to-actuals summary through the second quarter ending December 2021 of FY 2021-22.

FY 2021-22 FY 2021-22 Variance
$ in Thousands YTD Budget YTD Actuals (Under)/Over
Energy Revenue $48,837 $48,386 ($451)
Power Supply $46,303 $40,466 ($5,837)
Operating Margin $2,535 $7,919 $5,384
Operating Expense $3,831 $3,354 ($477)
Debt Service & Other $475 $229 ($246)
Contribution To/(From)
Reserves ($1,771) $4,336 $6,107
fJONEER

COMMUNITY ENERGY
Agenda Item: 1d Agenda Date: 2/17/2022

The Budget for Fiscal Year 2021-22 was a balanced budget with a small, anticipated contribution to Reserves of almost $140,000. This is a razor thin amount that could be eliminated with a small ‘miss’ on revenues or if increased energy costs are realized.

Energy Revenues
Through December revenues are close but slightly less than budget projections, falling short by $450 thousand.

Power Supply
As the Board is aware, the energy market is volatile and large swings in costs can occur frequently. Power Supply costs through December were largely hedged when the Budget was approved, and the impact of the power cost volatility was restrained during this period except for times that were hotter than average, resulting in usage increases and which coincided with even more volatile power costs. These events naturally will vary from Pioneer’s proforma and will drive additional power costs even when fully hedged. Offsetting these impacts are the Congestion Revenue Rights that have been issued to Pioneer from CAISO, which have been subsequently sold by Pioneer and have reduced the cost of power during this period. Although this has created a lower power cost than what was initially anticipated, the remaining fiscal year will be impacted by the higher power costs and will cause a budget reversal where power costs will exceed the budget. The YTD actuals show costs are less than what was anticipated now by $5.8 million.

Operating Expenses
The YTD actuals show $0.5 million less expense than expected compared to the FY 2021-22 Budget. Operating expenses are not expended evenly over the course of the fiscal year. It is anticipated that this difference will moderate over the course of the year.

Debt Service and Other
The YTD actuals are for debt service is in line with expectations, but Pioneer has also realized interest revenue and miscellaneous income that is causing this category to be $.25 million better than budget Contribution to Reserves
Although the Budget anticipated a net contribution to Reserves at the end of Fiscal Year 2021-22, there are ebbs and flows on the net contribution during the year. For example, the budget anticipated that by September there would be almost a $1.2 million contribution to Reserves and by December that would have reversed to be a $1.78 contribution from Reserves. Because of the activity described above, actual contribution to Reserves through December is $4.3 million. Fortunately, the upcoming rate adjustment is anticipated to fully fund the upcoming increased power costs and remain consistent with the Reserve Policy target of 160 days cash liquidity; Pioneer is anticipating reaching that Reserve target during Fiscal Year 2023-24.

Midyear Budget Review
The midyear budget review is scheduled for the March Board meeting after PG&E has announced their rate adjustment. Since Pioneer’s rate adjustment is set at a discount to PG&E, Pioneer’s rates will also change. This will necessitate a midyear budget adjustment to both power supply costs and energy revenue.

STRATEGIC PLAN
Strategic Priority 5: Financial Stability & Strategic Growth

FISCAL IMPACT
The report provides an update on Pioneer’s financial activity through December 2021.

ATTACHMENTS

1. Financial Reports through December 31, 2021
1 ACCOUNTANTS’ COMPILATION REPORT
Management
Pioneer Community Energy
Management is responsible for the accompanying financial statements of the CCA Program of Pioneer Community Energy (a California Joint Powers Authority) which comprise the statement of net position as of December 31, 2021, and the related statement of revenues, expenses, and changes in net position for the period then ended in accordance with accounting principles generally accepted in the United States of America. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statements nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, conclusion, nor provide any assurance on these financial statements.

Management has elected to omit substantially all of the disclosures and the statement of cash flows required by accounting principles generally accepted in the United States of America in these interim financial statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about PCE’s financial position, results of operations, and cash flows.

Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to the Pioneer Community Energy because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
February 4, 2022
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER

ACCOUNTANCY
CCA Fund
ASSETS
Current assets
Cash and cash equivalents 26,866,463 $
Accounts receivable, net of allowance 8,549,897
Accrued revenue 3,446,674
Other receivables 333,525
Prepaid expenses 89,806
Deposits 5,837,427
Total current assets 45,131,241

LIABILITIES
Current liabilities
Accrued cost of energy 5,856,971
Accounts payable 382,617
Other accrued liabilities 165,904
Interest payable 33,806
Energy surcharges due to other government 75,023
Note payable 539,521
Total current liabilities 7,053,842
Noncurrent liabilities
Note payable 9,657,414
Total noncurrent liabilities 9,657,414
Total liabilities 16,711,256

NET POSITION
Unrestricted net position 28,419,985
Total net position 28,419,985 $

PIONEER COMMUNITY ENERGY

STATEMENT OF NET POSITION
As of December 31, 2021

CCA FUND
See accountants' compilation report. 2
CCA Fund

OPERATING REVENUES
Electricity sales, net 48,385,785 $
Other income 182,813
Total operating revenues 48,568,598

OPERATING EXPENSES
Cost of electricity 40,466,182
Contract services 1,950,568
Staff compensation 1,140,267
General and administration 263,626
Total operating expenses 43,820,643
Operating income (loss) 4,747,955

NONOPERATING REVENUES (EXPENSES)
Investment gains (losses) 49,294
Interest and financing expense (202,794)
Nonoperating revenues (expenses), net (153,500)
CHANGE IN NET POSITION 4,594,455
Net position at beginning of period 23,825,530
Net position at end of period 28,419,985 $

PIONEER COMMUNITY ENERGY
Six Months Ended December 31, 2021

AND CHANGES IN NET POSITION

STATEMENT OF REVENUES, EXPENSES

CCA FUND
See accountants' compilation report. 3
4 ACCOUNTANTS’ COMPILATION REPORT
Board of Directors
Pioneer Community Energy
Management is responsible for the accompanying special purpose statement for the CCA Program of Pioneer Community Energy (PCE), a California Joint Powers Authority, which comprise the budgetary comparison schedule for the period ended December 31, 2021, and for determining that the budgetary basis of accounting is an acceptable financial reporting framework. We have performed a compilation engagement in accordance with Statements on Standards for Accounting and Review Services promulgated by the Accounting and Review Services Committee of the AICPA. We did not audit or review the accompanying statement nor were we required to perform any procedures to verify the accuracy or completeness of the information provided by management. Accordingly, we do not express an opinion, a conclusion, nor provide any assurance on this special purpose budgetary comparison statement.

The special purpose statement is prepared in accordance with the budgetary basis of accounting, which is a basis of accounting other than accounting principles generally accepted in the United States of America. This report is intended for the information of the Board of Directors of PCE.

Management has elected to omit substantially all of the note disclosures required by accounting principles generally accepted in the United States of America in these interim financial statements.

PCE’s annual audited financial statements will include the note disclosures omitted from these interim statements. If the omitted disclosures were included in these financial statements, they might influence the user’s conclusions about PCE’s financial position, results of operations, and cash flows.

Accordingly, these financial statements are not designed for those who are not informed about such matters.

We are not independent with respect to PCE because we performed certain accounting services that impaired our independence.

Maher Accountancy
San Rafael, CA
February 4, 2022
1101 Fifth Avenue, Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com MAHER

ACCOUNTANCY
2021/22 YTD
Budget
2021/22 YTD
Actual
2021/22 YTD
Budget
Variance
(Under) Over
2021/22
YTD
Actual/
Budget % 2021/22 Budget
2021/22
Budget
Remaining

ENERGY REVENUES
Electricity Sales $ 49,330,345 $ 49,008,423 $ (321,922) 99% 108,347,000 $ $ 59,338,577 Less Uncollectible Accounts (493,303) (622,636) (129,332) 126% (1,083,470) (460,834) Total Operating Revenues 48,837,042 48,385,787 (451,255) 107,263,530 58,877,743

ENERGY REVENUES
Power Supply 40,466,182 46,302,520 (5,836,338) 87% 98,516,000 58,049,818 OPERATING MARGIN 2,534,522 7,919,605 5,385,083 8,747,530 827,925

OPERATING EXPENSES
Administration
Compensation 263,688 283,826 (20,138) 93% 567,651 303,963 Contract services 155,250 47,117 (108,133) 30% 310,500 263,383 Operating Expenses 327,080 223,469 (103,611) 68% 654,159 430,690 Total Administration expenses 766,155 534,273 (231,882) 1,532,310 998,037 Finance
Compensation 324,019 308,059 15,961 105% 576,117 252,098 Contract services 178,169 173,299 (4,870) 97% 356,338 183,039 Operating Expenses 107,479 38,166 (69,313) 36% 214,957 176,791 Total Finance expenses 593,706 535,484 (58,222) 1,147,412 611,928 Power Procurement
Compensation 213,468 232,212 (18,743) 92% 504,423 290,955 Contract services 293,135 695,647 402,513 237% 586,269 (109,378) Operating Expenses 1,500 231 (1,269) 15% 3,000 2,769
Total Power Procurement expenses 909,347 526,846 382,501 1,093,692 184,345 Account Care
Compensation 120,815 138,820 (18,005) 87% 277,639 156,824 Contract services 738,400 665,827 (72,573) 90% 1,476,800 810,973 Operating Expenses 328,200 - (328,200) 0% 656,400 656,400 Total Power Account Care expenses 1,205,420 786,642 (418,777) 2,410,839 1,624,197 Marketing & Communications
Compensation 102,155 168,533 (66,378) 61% 337,066 234,911 Contract services 92,500 107,812 15,312 117% 185,000 77,188 Operating Expenses 98,670 121,979 23,309 124% 197,340 75,361 Total Marketing expenses 359,703 331,946 (27,757) 719,406 387,460 Legislative & Regulatory
Compensation 110,730 141,569 (30,839) 78% 283,138 172,408 Contract services 184,120 140,235 (43,885) 76% 368,240 228,005 Operating Expenses 25,275 412 (24,863) 2% 50,550 50,138 Total Legislative expenses 350,964 251,377 (99,587) 701,928 450,551 Programs
Compensation 5,392 26,571 (21,178) 20% 53,141 47,749
Contract services - - - - -
Operating Expenses 1,500 - (1,500) 0% 3,000 3,000
Total Programs expenses 28,071 5,392 (22,678) 56,141 50,749 Total Operating Expenses 3,830,864 3,354,462 (476,402) 7,661,728 4,307,266

NON-OPERATING REVENUES (EXPENSES)
Investment gains (losses) - 49,293 49,293 - (49,293)
Miscellaneous income - 182,813 182,813 - (182,813)
Principal payments (270,000) (258,749) 11,251 96% (540,000) (281,251) Interest and related expenses (205,002) (202,793) 2,209 99% (410,000) (207,207) Nonoperating revenues (expenses), net (229,436) (475,002) 245,566 (950,000) (720,564) Total Expenses (Energy, Operating, Non-Operating) 50,608,386 44,050,080 (6,558,306) 107,127,728 63,077,648 Contribution to/(from) Reserves $ (1,771,344) $ 4,335,707 $ 6,107,051 $ 135,802 $ (4,199,905)

BUDGETARY COMPARISON SCHEDULE
Six Months Ended December 31, 2021

PIONEER COMMUNITY ENERGY

CCA FUND
5

Staff Report – Item 2
To: The Governing Board
From: Don Eckert, Executive Director
Item 2: Amendment No. 6 to the By-Laws Establishing Procedures Related to Ad Hoc and Standing Committees
Date: 2/17/2022

RECOMMENDATION
Adopt Resolution approving the amendment to Pioneer Community Energy’s (“Pioneer”) By-Laws establishing procedures related to ad hoc and standing committees.

BACKGROUND
At the January 20, 2022, Governing Board meeting, the Board approved an additional seat to the Audit & Finance Committee. Subsequently, the Board Chair requested staff bring back to the Board an amendment to the By-Laws establishing procedures related to ad hoc and standing committees.

ANALYSIS & DISCUSSION
Pioneer’s current By-Laws do not provide guidance for ad hoc and standing committees. The recommended amendment provides clarity in the establishment of ad hoc and standing committees, formalizes the membership process to the committees and the selection of officers to the committees.

STRATEGIC PLAN
The recommendation supports Operational Excellence strategic priority.

FISCAL IMPACT
There is no fiscal impact with the recommendation.

ATTACHMENTS

1. Resolution Approving Amendment No. 6 to Pioneer’s By-Laws fJONEER

COMMUNITY ENERGY
Before the Governing Board of
Pioneer Community Energy
Resolution No.: ____________
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held February 17, 2022, by the following vote on roll call:

Ayes:

Noes:

Absent:

Signed and approved by me after its passage.
______________________________
Chair of the Governing Board
Attest:
_______________________
Secretary
WHEREAS, the Governing Board adopted By-Laws on July 26, 2016 pursuant to Resolution 2016-1 as the By-Laws of Sierra Valley Energy (“By-Laws”); and WHEREAS, Sierra Valley Authority was renamed Pioneer Community Energy pursuant to Resolution 2017-3; and
WHEREAS, in 2021 the Governing Board of Pioneer Energy adopted Resolutions 2021-12, 2021-14, 2021-17, 2021-30, and 2021-43, making various amendments to the By-Laws; and WHEREAS, the Governing Board wishes to further amend the By-Laws to establish procedures related to ad hoc and standing committees.

In the matter of: A RESOLUTION APPROVING
AMENDMENT NO. 6 TO THE BY-LAWS FOR PIONEER

COMMUNITY ENERGY ESTABLISHING PROCEDURES

RELATED TO AD HOC AND STANDING COMMITTEES
2 BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:

1. The above recitals are true and correct.

2. The Governing Board hereby adopts Amendment No. 6 to Pioneer Community Energy’s By-Laws, as shown in Exhibit A. The Chair is hereby authorized and directed to execute Amendment No. 6 to the By-Laws in the name and on behalf of the Governing Board.

3. This Resolution shall take effect immediately upon its adoption.

Exhibit: A: Amendment No. 6 to the By-Laws for Pioneer Community Energy Resolution 2022-xx
Date
Exhibit A
1 AMENDMENT NO. 6 TO THE BY-LAWS OF

PIONEER COMMUNITY ENERGY
THIS AMENDMENT amends the By-Laws of Pioneer Community Energy (“By-Laws”) as previously adopted by the Governing Board by Resolution 2016-1, as amended by Resolutions 2021-12, 2021-14, 2021-17, 2021-30, and 2021-43.

WHEREAS, the Governing Board wishes to further amend the By-Laws.

NOW, THEREFORE, THE FOLLOWING AMENDMENTS ARE HEREBY MADE TO THE BY-LAWS:

1. Article V - Amendments and Section 5 - Amendments to By-Laws shall be renumbered as Article VI and Section 6.

2. A new Article V shall be added as follows:

ARTICLE V – COMMITTEES
Section 5.1. Establishment of Committees. The Governing Body may establish standing or ad hoc committees as it deems appropriate to assist the Governing Body in carrying out its functions and implementing the CCA program, related energy programs, and the provisions of the JPA Agreement.

Section 5.2. Membership. The membership of any such committee shall be approved by the Governing Body by a majority vote. Except as otherwise provided by the Governing Body, existing committee members shall be affirmed by the Governing Body each year at its February meeting, or as soon thereafter as is reasonably practicable, unless they provide advance notice to the Chairperson of the Authority that they desire to step down from the committee; they are otherwise removed or replaced by the Governing Body; or the committee is dissolved. The Governing Body may remove a committee member from a committee, with or without cause, by a majority vote. The Governing Body shall fill any vacancy in accordance with the provisions of these Bylaws.

Section 5.3 Alternate Board Members. As specified in Section 5.A of the Agreement, an alternate may attend, participate, and vote at any meeting of any committee whenever the regular Governing Body member, for who they are designated to act as an alternate, is absent from the meeting. The Governing Body may appoint designated alternates of the Governing Body to serve on standing committees.

Section 5.3. Officers. Unless otherwise determined by the Governing Body, each committee shall on an annual basis choose its officers, comprised of a Chairperson and Vice-Chairperson.

Section 5.4. Committee Meetings. If required by the provisions of the Ralph M. Brown, written notice of the time and place of each committee meeting, and the business to be transacted, shall be given in accordance therewith. Except as otherwise provided by the Exhibit A
2 Governing Body, a majority of the members of each committee shall constitute a quorum for the transaction of business.

IN WITNESS WHEREOF, the Governing Board of Pioneer Community Energy has approved this Amendment No. 6 to the By-Laws of Pioneer Community Energy EXECUTED ON And approved as to form
________________________________ _______________________________________ Date General Counsel
ATTEST:

By _____________________________ _______________________________________ Chair, Pioneer Community Energy Secretary, Pioneer Community Energy Governing Board Governing Board

Staff Report – Item 3
To: The Governing Board
From: Don Eckert, Executive Director
Item 3: State of the Utility
Date: 2/17/2022

RECOMMENDATION
Receive a report on the State of the Utility reviewing where Pioneer Community Energy (“Pioneer”) has been, the major initiatives of this year and where the utility is projected to be at the end of 2022 and beyond.

BACKGROUND
This past year was a transitional period of setting the cornerstones that represent the foundation of a successful and sustainable utility that provides value to our community. The cornerstones are:
• Strategy – The Board adopted a strategic plan that defined the mission of what we do and the vision of where we want to be
• Financial Management – The Board adopted critical financial policies that provides the roadmap to ongoing health and vitality of the utility
• Structure – Established roles, role relationships, and policies that define accountability and authority • Systems and Processes – Procedures were developed during the year to provide the framework for running the utility

ANALYSIS & DISCUSSION
Accomplishments in 2021
Some of the major accomplishments in 2021 include:
• Governance: The Board’s support and guidance was critical to Pioneer’s accomplishments. Recognition needs to be given to the Board as Pioneer experienced a significant turnover of the Board with six new Members and yet there was full engagement where tough decisions had to be made on complex issues The Board adopted Pioneer’s inaugural Strategic Plan for Fiscal Year 2021-2024 that provides the direction of Pioneer for the next three years
• Operational Independence: Pioneer retired its debt with the Treasurer-Tax Collector’s Office and established its own banking relationship. Through a combination of direct hires and consulting engagements, Pioneer ended the year self-sufficient and not dependent on Placer County resources • Expansion: Staff needed to pivot mid-year and focus on the enrollment of El Dorado County and City of Placerville. This required significant resources in power and resource adequacy procurement as well as public outreach and education. The investments have paid off with a 90% participation rate in our expansion territory
• mPower: The Board provided direction on the winding down of the mPower Program. The significance is that the Board acted on a program that had been in limbo for quite some time fJONEER

COMMUNITY ENERGY
Agenda Item: 3 Agenda Date: 2/17/2022

• Programs: The Board formed a Community Programs Advisory Committee made of ratepayers from our service territory that will decide the future of programs that Pioneer launches Other programs activity this past year includes the Board support of the victims of the River Fire by providing bill forgiveness. Other programs adopted to assist customers impacted by the pandemic include participation in the Arrearage Management Program and Percent of Income Pilot Program • Green100 Rate: Staff conducted a customer survey and the Board responded to the survey by adopting a Green100 Rate option that allows customers to choose a 100% renewable energy option • Grid Resiliency: Staff worked with Pacific Gas & Electric in mapping out the areas of concern to mitigate the impact of Public Safety Power Shutoff events. Staff also listened to the community and informed the California Public Utilities Commission (“CPUC”) of Fast Trips events that eventually led to the issue being recognized by the President of the CPUC
• Assembly Bill 843 (“AB843”) – Staff collaborated with other Community Choice Aggregators to obtain bill sponsorship and eventual adoption of AB843 that will support local biomass projects with minimal impact to our rates
• Financial: The Board responded to PG&E’s rate increases with a balanced approach to rate setting for Pioneer that will provide $31 million of customer savings in 2022 while also contributing towards reserves
The Board also adopted critical financial policies that provides a roadmap to achieving proper reserves levels and the sustainability of Pioneer
Major Initiatives in 2022
The major initiatives for this year by focus area include:

Finance/Information Technology/Human Resources

1. Begin the process of obtaining a credit rating

2. Assembly of the Mid-Year Budget and the Fiscal Year 2022/23 Operating Budget

3. Exploration of a Power Pre-Pay Agreement that allows Pioneer to reduce its power supply costs by taking advantage of its tax-exempt status

4. Implementation of rate changes based on Board direction last year

5. Cybersecurity and Automated Meter Infrastructure Audits that supports protection of our customer data

6. Commissioning a compensation and benefits study to gauge our labor competitiveness

7. Launching an employee survey to support the shaping of future benefits Power Supply

1. Develop and present the Integrated Resource Plan that is submitted every two years to the CPUC

2. Negotiate and execute long-term Power Purchase Agreements (“PPA”) that provides stability to our power budget and procurement of short-term power portfolio needs as required by our energy risk management policy

3. Support the development of a biomass project in the service territory

4. Launch a “Structured Rate Product” that targets certain large energy usage customers providing grid resiliency to the customer and customer loyalty to Pioneer Legislative and Regulatory

1. Develop the 2022 Legislative Platform

2. Rekindle relationships with State Representatives in our region

3. Work with the CPUC on the implementation of AB843 which supports our biomass efforts

4. Participate in lobbying efforts with CalCCA on issues that impact Pioneer Agenda Item: 3 Agenda Date: 2/17/2022

Public Outreach and Customer Service

1. Develop a Key Accounts Business Plan

2. Upgrading of the website

3. Focus on improving the participation rate

4. Ensure Pioneer visibility with our Member Agency Councils, Chamber of Commerce’s, and Community Service Districts

5. Launch a quarterly newsletter

6. Conduct a customer survey
Programs

1. Facilitation of the CPAC

2. Conclude the California Arrearages Payment Program that will provide bill forgiveness to our customers impacted by the pandemic
Administration

1. Explore opportunities with like-minded communities to join Pioneer and expand our service territory

2. Ensure Pioneer is properly staffed as the utility evolves Where is Pioneer Going from Here?
Pioneer’s Vision Statement from the Strategic Plan is “A community partner in reliable energy solutions, and positive local impact, powering today and empowering tomorrow.” At the end of the year, Pioneer will have moved closer to the vision by achieving the following goals:

1. Continued rate competitiveness

2. At or near 120 days of cash on hand in reserves that will support rate stability and put Pioneer in a position of strength to achieve a credit rating

3. Improved customer participation rate

4. Enter a PPA with biomass project in our service territory under the AB 843 legislation

5. Conclude negotiations of a power prepay transaction that will save up to 10% on our power supply costs

6. Recommendation on Programs direction from the CPAC

7. Amended Implementation Plan filed with the CPUC supporting expansion

8. An active energy partner with the communities we serve through public outreach and education

FISCAL IMPACT
There is no fiscal impact with this recommendation.

ATTACHMENTS
There are no attachments with this report.

Staff Report – Item 4
To: The Governing Board
From: Mark Riffey, Director, Public Affairs, Communication and Programs Item 4: Receive Customer Reconnection Presentation
Date: 2/17/2022

ACTION REQUESTED
Receive a report on the plan to reconnect with customers and improve Pioneer Community Energy’s (“Pioneer”) customer participation rate.

BACKGROUND
Pioneer has always promoted our belief in the rights of a customer, using the Your Power, Your Choice as a common tag line in communication.

Customers that opt out of Pioneer are eligible to return to Pioneer later. The following are the three scenarios that determine the customer’s eligibility date for return to Pioneer.

1. If a customer opts out between 60 days prior to and 60 days after their automatic enrollment date, they can return to Pioneer at any time

2. If a customer elects to opt out later, they must choose one of two plans to return to PG&E a. Immediate return that requires a 12-month commitment to PG&E b. A delayed return that requires a 6-month waiting period as a Pioneer customer and then a 12-month commitment to PG&E
At the September 16, 2021, Governing Board meeting, the Board adopted the Fiscal Year 2021-2024 Strategic Plan. Under the Local Engagement Strategic Priority, a goal of 92% customer participation rate was set.

At the December 16, 2021, Governing Board meeting, the Board adopted a rates direction that supports a rates discount to Pacific Gas & Electric (“PG&E”) of 18% for customers with a 2017 Power Cost Indifference Adjustment (“PCIA”) vintage which includes most of Placer County residents and businesses and 6% for customers with a 2021 PCIA vintage that applies to new customers in El Dorado County and City of Placerville. The discount would take effect when PG&E releases the generation and PCIA rates for 2022.

ANALYSIS & DISCUSSION
Pioneer’s communication plan has a component that is dedicated to a plan for re-engagement with opted out customers. With PG&E’s customer generation and PCIA rates expected to be released at the end of February and effective March 1st, the timing is right with the discount to begin efforts to re-establish relationships with customers not participating in Pioneer.

Data analysis indicates over 15,000 customers are eligible to re-enroll in Pioneer. Staff has determined where opted out customers live, why customers opted out, and how they opted out. As such, these customers will be engaged individually to address their specific concerns. fJONEER

COMMUNITY ENERGY
Agenda Item: 4 Agenda Date: 2/17/2022

This engagement will include the following, as an example:
• Presentations to councils and boards
• Presentations to key external stakeholders and key influencers • Direct mail and email campaign
• Educational webinars
• Community involvement
This engagement will address specific concerns identified at the time of opt outs. The highest cause of opt outs include:
• Dislike auto enrollment
• Rates and other cost concerns
• Solar

STRATEGIC PLAN
The recommendation supports:

1. Strategic Priority 1: Local Engagement

2. Strategic Priority 2: Quality in Service

FISCAL IMPACT
The recommendation does not result in additional fiscal impact.

ATTACHMENTS
There are no attachments with the recommendation.

Staff Report – Item 5
To: The Governing Board
From: Don Eckert, Executive Director
Item 5: Expansion Update
Date: 2/17/2022

RECOMMENDATION
Receive a report on activities related to expansion of Pioneer Community Energy’s (“Pioneer”) existing service territory.

EXPANSION COMMITTEE RECOMMENDATION
The Expansion Committee received an update from staff on expansion activities. The Committee recommended support to fund Pioneer’s share of the impact assessment studies for the member agencies referenced in this report.

BACKGROUND
At the December 17, 2020, Governing Board meeting (“Board”), the Board adopted the amendment #1 to the amended and restated joint powers agreement (“JPA”) allowing the City of Placerville and El Dorado County to join Pioneer. At the same meeting, the Board approved the amendment to the implementation plan that was submitted to the California Public Utilities Commission (“CPUC”). The CPUC approved the amended implementation plan in March 2021.

At the February 18, 2021, Board meeting, the Board adopted the Expansion Policy that formalized the process and requirements for expansion.

At the March 18, 2021, Board meeting, the Board adopted the New Member Reserve Policy that set reserve targets for new members and codified protections of reserves accumulated by existing members.

ANALYSIS & DISCUSSION
There are several reasons why a county or city may wish to form or join a Community Choice Aggregator (“CCA”) such as providing their citizens a choice in their energy provider, rate savings, and control over their energy procurement and energy efficiency programs. The advantages of joining an existing CCA is the city or county can avoid start-up capital and leverage the infrastructure already in place while reducing risk and time to implement.

The advantages for Pioneer to consider new members include:
• Expansion allows risk to be spread over more meters and strengthen the balance sheet providing rate stability
• Increased load attracts better power supply options
• A stronger balance sheet affords investments in local energy projects and jobs creation • A larger territory enhances influence at the legislative and regulatory levels fJONEER

COMMUNITY ENERGY
Agenda Item: 5 Agenda Date: 2/17/2022

The requirements for expansion into Pioneer include:
• Results of the impact assessment study should project a positive fiscal impact • Applicant must be aligned with the current Board’s vision and goals of Pioneer • Applicant must agree to “one member one vote” policy
• Applicant must agree to share in the cost of an impact assessment study Hot Prospects
These agencies are considered strong prospects due to either action has been taken by that agency to pursue an impact assessment study or staff has met with the decision makers. The agencies include:
• Nevada County – The Board of Supervisors received a presentation by staff at their strategic retreat and have expressed interest in moving forward with a study. • City of Grass Valley – Staff will be presenting for a second time to the city council in late February with expectation of a decision on direction soon after.

Warm Prospects
These agencies are considered good prospects due to either introductory conversations have taken place, or they may be influenced by other agencies actions. The agencies include:
• Yuba County – Introductory discussions have taken place and more in-depth follow up discussions continue.
• Marysville and Wheatland – City Manager’s have expressed interest in joining a CCA and would be influenced by Yuba County joining.
• Nevada City – Informal discussions have taken place, but the city is waiting for the new City Manager to assume duties. Nevada County and City of Grass Valley interest may influence the city. • City of Stockton – Discussions between staff and the consultants commissioned by the county to investigate joining a CCA have occurred. Staff has met with City staff meeting in early February with those discussions igniting interest by the city.
• Sutter County – No communications have taken place yet with the county, but it is considered a good prospect based on its relationship with Yuba County. Director Holmes has offered his assistance in introductions.

Cold Prospects
These agencies are not recommended by staff for expansion at this time:
• City of South Lake Tahoe – The barrier is Liberty Utilities and the lack of infrastructure. This will require significant resources and time to establish.
• Tuolumne County – Discussions have not revealed like-minded goals.

Next Steps
Staff will apprise the Board as results of the impact assessment studies are completed. If the results of the studies are positive, then the expansion process will continue. The deadline to be able to serve any prospective agency in 2024 will be to amend the JPA and file an amended implementation plan with the CPUC by end of 2022.

STRATEGIC PLAN
The recommendation supports the Financial Stability & Strategic Growth priority.

FISCAL IMPACT
The fiscal impact to commission an impact assessment study is approximately $15,000 per study. Staff does not know the number of studies to be procured beyond Nevada County at the time of this report, but the Expansion Committee authorized a not-to-exceed amount of $75,000.

ATTACHMENTS
There are no attachments with this report.

Staff Report – Item IV-B
To: The Governing Board
From: Don Eckert, Executive Director
Item IV-B: Executive Director Report
Date: 2/17/2022
REPORT
COVID-19 Update
There were no new cases to report for the month. The office will continue to require staff and visitors to follow COVID-19 protocol by wearing mask and practicing social distance until further notice.

Pioneer Staffing Update
There are two positions posted with interviews expected in February. The positions are:
• Power Contracts Manager
• Key Accounts Manager
An offer was extended for the Power Resources Manager position. Expectation is late February start date.

Public Safety Power Shutoff (“PSPS”) Events
There are no PSPS events to report.

Executive Director Agreements Executed
PFM, Financial Advisor services, not-to-exceed $40,000.

Net Billing (NEM 3.0) Update
Pioneer supports the efforts to reduce cost-shifts and encourages solar paired with energy storage, but we do not support a fixed charge that harms current and future solar customers. A letter will be issued by Pioneer to the CPUC and Governor’s Office formalizing our opinion (see attachment 4). The California Public Utilities Commission (“CPUC”) removed this issue from their latest agenda and has announced the issue will be discussed at a time yet to be determined. Staff will continue to monitor and apprise the Board of any activity.

Time-of-Use Rates (“TOU”)
Pacific Gas & Electric (“PG&E”) announced that effective April 1st, all residential customers will be automatically shifted to a TOU rate. If a customer wishes to remain on a flat rate (E-1), they must call PG&E at (800) 743- 5000. Pioneer’s Governing Board chose not to implement TOU based on the fact that over 70% of our customers would realize a cost increase on their monthly bills. Pioneer is hosting a webinar on March 15th along with PG&E representatives to explain the TOU rate and impacts to our customers. Talking points were recently sent to our Board Members.

Rates Update
The decision on PG&E customer generation rates and the Power Cost Indifference Adjustment (“PCIA”) rate was approved by the CPUC on February 10th. PG&E is required to release their rate schedules by February 25th. fJONEER

COMMUNITY ENERGY
Agenda Item: IV-B Agenda Date: 2/17/2022

Pioneer is ready to adjust rates within a few weeks of the PG&E issue date. Staff will include the final rate schedules to the Board as part of the Executive Director’s report in March.

Based on current information, staff expects the rates and discounts to PG&E to be close to the assumptions used in the December rates proceeding.

Executive Director Power Supply Contracts Executed
The following agreements have been executed by the Executive Director, consistent with the authority delegated by the Board:

Presentations and Relevant Meetings attended by the Executive Director

1. Participated in CalCCA Weekly/Monthly Board meetings

2. Participated in discussions with Wisewood Energy regarding biomass facility at Western Placer Waste Management Authority

3. Presented to City of Grass Valley Council on CCA Overview

4. Participated in follow up conversations with Yuba Water Agency on expansion with Pioneer

5. Attended City of Auburn Chamber of Commerce dinner

ATTACHMENTS

1. Agenda Planning Document

2. Monthly Legislative and Regulatory Update

3. Monthly Communications and Public Outreach Update

4. Letter to the CPUC and Governor Newsom

5. California Energy Markets article on NEM 3.0 debate
Counterparty Name
Execution
Date Type Product Start Date End Date
Notional
Value
Calpine Energy Services, L.P. 1/7/2022 Sell Resource Adequacy - System 3/1/2022 3/31/2022 ($39,000) Calpine Energy Services, L.P. 1/10/2022 Sell Resource Adequacy - Flex 3/1/2022 3/31/2022 ($58,500) City of Lancaster 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $13,500 City of Pomona 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $4,500 Direct Energy Business Marketing, LLC 1/14/2022 Sell Resource Adequacy - System 3/1/2022 3/31/2022 ($26,384) Direct Energy Business Marketing, LLC 1/14/2022 Sell Resource Adequacy - Flex 3/1/2022 3/31/2022 ($8,500) Pico Rivera Innovative Municipal Energy 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $9,000 Rancho Mirage Energy Authority 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $27,000 San Jacinto Power 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $22,500 Town of Apple Valley 1/14/2022 Buy Resource Adequacy - Flex 6/1/2022 6/30/2022 $18,000 Agenda Planning Document – Pioneer Community Energy Updated 2/10/2022 C:\Users\TeresaWillock\Pioneer Community Energy\Executive Director - General Documents\Board\Board Meeting Templates This is a planning document which remains fluid pending staff communication Assigned items are listed with the Report Writer’s name as they will be initiating the report

JPA GOVERNING
BOARD
FEBRUARY 17, 2022
3:00 PM
(Post Agenda:

TH- February 10)
MARCH 17, 2022
3:00 PM
(Post Agenda: March 11)
APRIL 21, 2022
3:00 PM
(Post Agenda: April 15)

IN THE FUTURE
General Function I Approve Agenda Approve Agenda Approve Agenda Consent Approve meeting minutes
January 20, 2022 (Action - Eckert)
Teresa
Approve meeting minutes
February 17, 2022 (Action - Eckert)
Teresa
Approve meeting minutes
March 17, 2022 (Action - Eckert) Teresa
MONTHLY – reaffirm Pioneer AB
361 Remote Meeting Continuation
Findings (Action – GC)
MONTHLY – reaffirm Pioneer AB
361 Remote Meeting Continuation
Findings (Action - GC)
MONTHLY – reaffirm Pioneer AB 361
Remote Meeting Continuation Findings
(Action - GC)
MONTHLY – reaffirm Pioneer AB 361 Remote
Meeting Continuation Findings (Action - GC)
(if more than 30 days between meetings, must
make a new determination – no committee
meetings during a lapsed period)
Adopt Resolution approving Agency-wide Retention Schedule (Eckert - Action) Teresa
Receive Draft Financials: YTD 2022
(Maher)
Receive Draft Financials: YTD 2022
(Maher)
mPOWER report (after bond is funded)
Quarterly Financial Reports >
December 2021 (Koehn)
AMI Audit (Action - Koehn) move to
Regular?
(June) Contracts for renewal: Capital Network
Solutions; M.Cubed; Maher Accountancy; Richards
Watson Gershon.

IT Policy (Action – Koehn) Steve
Regular By-Laws Amendment - Committee
Member Selection (Action – Eckert)
Legislative Policy Platform 2022
(Discussion - Kang) Zach
TOU update (Discussion – Riffey) Presentation by Biomass Producer, Bayview (Director Hidahl)
State of the Utility presentation
(Discussion - Eckert)
Mid-Year Budget (Action - Koehn) Expansion Summary Report (Discussion – Riffey)
Power PrePay
(pending A&F Committee)
Opt-Out Returns (Discussion -
Riffey)
Quarterly Update re: Strategic Plan
objectives (Discussion - Eckert)
Key Accounts Business Plan (Riffey)
(pending new hire placement)
Expansion Update (Discussion -
Eckert)
JPA Amendment re: expansion
(pending Expansion Committee)
Biomass Projects Update
General Function II Executive Director’s Report
Leg/Reg; Marketing & Communications;
NEM 3.0
Executive Director’s Report Executive Director’s Report Executive Director Report - Quarterly Update re:

Strategic Plan objectives
APR – JUL – OCT – JAN
Informational Items:

Glossary of Terms
Informational Items:

Glossary of Terms
Informational Items:

Glossary of Terms
Closed Session/
Other
:J :J
I ~ I
r7
I I
-
February 17, 2022 - Pioneer Community Energy Leg and Reg Update Pioneer Community Energy Legislative and Regulatory Update February 17, 2022
Zachary Boehme, Legislative and Regulatory Analyst
Legislative Affairs
California Public Utilities Commission (CPUC) Commissioner Replacement Commissioner John Reynolds was appointed to the CPUC by Governor Gavin Newsom on December 23, 2021, replacing outgoing Commissioner Martha Guzman-Aceves. Commissioner Reynolds had previously served as Managing Counsel at Cruise LLC since 2019. Prior to that, he held multiple positions at the CPUC, including Interim Chief of Staff to Commissioner Genevieve Shiroma in 2018, Advisor to former Commissioner Carla J.

Peterman from 2015 to 2018, and Public Utilities Counsel from 2013 to 2015. He was Associate at De la Pena & Holiday LLP in 2012. Commissioner Reynolds earned a Juris Doctor degree from the University of California, Hastings College of Law.

California Legislature Update
The California Legislature reconvened on January 3, 2022 to begin the final year of the two-year legislative session. All two-year bills carrying over from 2021 had to have passed through their House of Origin by January 31, 2022 to remain active legislative vehicles. Pioneer staff continues to monitor new priority bills and bill amendments of importance and will keep the Board apprised as the legislative session unfolds.

CalCCA’s Transportation Electrification Infrastructure bill was formally introduced on February 7, 2022. AB 1814 (Grayson, Democrat, Vallejo) – Transportation electrification: Community Choice Aggregators would allow CCAs the same access as the IOUs to Transportation Electrification funding and to file applications for programs and investments to accelerate widespread transportation electrification to reduce dependence on petroleum, meet air quality standards, achieve the goals set forth in the Charge Ahead California Initiative, and reduce emissions of greenhouse gases to 40% below 1990 levels by 2030 and to 80% below 1990 levels by 2050.

Pioneer Legislative Update
Pioneer staff has begun engagement with CalCCA, individual CCAs, and other stakeholders in developing legislative and policy strategies for the 2022 session. Pioneer’s efforts are focused on the issues of bioenergy and biomass, grid resiliency/reliability, Public Safety Power Shutoff (PSPS) and wildfire mitigation, microgrid development, addressing Power Charge Indifference Adjustment (PCIA) volatility, transportation electrification funding, and preparing to avoid and oppose potentially threatening bills. As the 2022 legislative landscape unfolds, Pioneer staff will continue to update the Board and may reach out for efforts to either support or oppose specific bill measures.
10NEER

COMMUNITY ENERGY
February 17, 2022 - Pioneer Community Energy Leg and Reg Update Regulatory Proceedings
Below is a summary table of the key issues followed by further detail on activities since our last Board Meeting on a few ongoing priority Pioneer regulatory Proceedings and matters. More updates will follow at future Board meetings as regulatory Proceedings and matters evolve.

Proceeding Issue Pioneer Position
R.17-06-026 Power Charge Indifference
Adjustment (PCIA)
Reduce the PCIA and rate volatility
for CCA customers; increase data
transparency from the IOUs
R.21-10-002; D.21-07-014 RA; RA Reform Track Refine the current RA Program construct; reduce volatility of RA
prices; increase RA procurement
availability and grid reliability
R.18-12-005 Utility De-energization/PSPS Reduce impacts of PSPS events; increase coordination and
communications with IOUs to
ensure public safety during de-energization; limit PSPS impact on CCA load scheduling
A.20-02-009; A.21-03-008; A.20-
07-002
PG&E 2020 Energy Resource
Recovery Account (ERRA)
Compliance Application; 2021
ERRA Compliance Application;
2022 ERRA Forecast Application
Reduce the ERRA impact on the
PCIA; increase data transparency
from the IOUs
• Disconnections Rulemaking:
o The CPUC, on October 30, 2020, issued a Scoping Memo and Schedule on the Percentage of Income Payment Plan (PIPP), a second arrearages forgiveness Program, to address surfacing issues regarding cost collection and other disputed issues. A PIPP Pilot Program Straw Proposal was issued on June 17, 2021, with comments filed on July 9, 2021 and Replies on July 16, 2021.

Issues addressed in Joint CCA comments: support for the Straw Proposal as IOUs administer the Program while allowing CCA participation and cost recovery through the Public Purpose Program Charge (PPPC), Program procedures, customer eligibility, and regular communications with the IOUs on the Program. A Proposed Decision (PD) was issued on September 2, 2021 authorizing the PIPP Pilot Program inclusive of CCAs, with cost recovery coming through the PPPC. CalCCA filed Comments on September 22, 2021 in support, with some refinements, and filed Replies on September 27, 2021. The Final Decision was voted out at the October 7, 2021 CPUC Business meeting. SCE and PG&E filed a Joint Petition for Modification of the Decision on November 30, 2021. Pioneer had until November 8, 2021 to notify PG&E and the Proceeding’s February 17, 2022 - Pioneer Community Energy Leg and Reg Update service list of its intention to participate in the Pilot Program. Notification of Pioneer’s participation in the Pilot Program has been delivered. Pilot enrollment will begin spring 2022, and the Pilot Program will end 48 months post enrollment. A November 10, 2021 Email Ruling was issued directing smaller and multi-jurisdictional utility parties to file comments on potential PIPP Program, disconnections, safety, and cost recovery issues. Opening Comments on these Phase 1-A issues were due on December 13, 2021, and Replies were due January 14, 2022.

CalCCA did not file either. IOUs began PIPP Implementation Working Group Meetings on December 6, 2021; another Implementation Working Group Meeting was held on January 10, 2022; additional Implementation Working Group Meetings were held January 24, 2022 and February 4, 2022. A meeting between PG&E and CCAs was held on December 17, 2021 to discuss PIPP issues. On December 22, 2021, Joint IOUs began a study to establish Medical Baseline customer eligibility under the Program. Pioneer recently submitted a PIPP Advice Letter to the CPUC.
• Resource Adequacy:
o Track 3B.2: a Revised PD and a Redlined Agenda Decision were issued on July 12, 2021; the Proposed Decision was adopted at the July 15, 2021 Commission Voting Meeting; the Decision continued to support the Revised PD but allows more room for SCE/CalCCA proposal to be incorporated into PG&E’s Slice of Day proposal through five workshops. Workshops were ongoing through the end of the year on several different topics related to the implementation of the Slice of Day proposals. A Workshop Report is anticipated in February 2022. A CalCCA tiger team convened to address issues being considered at the Workshops. The Workshop process is intended to lead to significant changes to the RA Program starting in 2024. Through the Workshop process, additional RA reform proposals have emerged from stakeholders.

CalCCA recently conducted a Study Session for regulatory and procurement staff to review the different Slice of Day proposals; CalCCA, guided by individual CCAs, will be filing Comments on the proposals in the coming weeks; another Study Session was held for the CalCCA Board on January 13, 2022. CalCCA filed Informal Comments on the RA Reform Workshop process on February 7, 2022; Comments only emphasize high-level principles, as CalCCA Board is not in full agreement on which proposal to support. There will be more opportunities to comment in March after CalCCA has established a position. A Workshop was held on February 4, 2022.

Several Joint CCAs are filing Slice of Day Comments, depending on their position. o Track 3B.2, addressing larger structural changes, has been renamed to "Reform Track". In 3.B RA Reform Track, a new annual Order Instituting Rulemaking (OIR) for RA compliance year 2023 was voted out at the CPUC October 7, 2021 Business Meeting; the new OIR establishes a Reform Track and an Implementation Track; CalCCA filed Comments on November 1, 2021 and filed Replies on November 10, 2021. A Prehearing Conference was held on November 16, 2021.

A Proposed Decision is expected summer 2022.
o On October 29, 2021, PG&E filed an Advice Letter (AL) describing their annual Central Procurement Entity (CPE) Compliance Report. Joint CCAs filed protest to the AL on November 22, 2021; on December 1, 2021, PG&E filed a Reply to the Joint CCAs’ protest. A CPE workshop was conducted on December 14, 2021 to discuss proposals to modify the CPE structure.

February 17, 2022 - Pioneer Community Energy Leg and Reg Update • PCIA:
o This Proceeding seeks to improve the methodology used in the ERRA Proceeding to determine the PCIA.
o Phase 1 of this Proceeding concluded in the fall of 2018 leaving the status quo PCIA in place maintaining the current index for brown power and revising inputs for the benchmarks used to calculate the PCIA for RPS resources and RA.
o Phase 2 of the Proceeding created three Working Groups to formulate processes to address additional PCIA proposals.
 Working Group 1 (Benchmark Issues) sought to address outstanding benchmark issues and the benchmark true-up. A Final Decision was issued in the fall of 2019 and a second was issued in March 2020. On August 31, 2020, the IOUs filed ALs regarding the IOUs’ joint proposal of customer bill presentation of the PCIA. On October 19, 2021, PG&E filed a request for extension to comply with the requirement to display a PCIA line item on bundled customers’ bills; the CPUC granted an extension until October 1, 2023. A Proposed Decision is pending
 Working Group 2 (Prepayment) seeks to resolve issues surrounding PCIA prepayment options, should a CCA choose to do so. A Ruling is pending.  Working Group 3 (Portfolio Optimization) seeks to resolve issues on portfolio optimization and resource allocation. A Proposed Decision on Working Group 3 matters was issued on April 5, 2021. The Decision was unfavorable and did not address Working Group 3 recommendations. CalCCA submitted comments on the Decision on April 26, 2021 focusing on addressing the Working Group 3 recommendations that the PD disregarded or pushed to a later date. Reply comments were filed on May 3, 2021.

A Final Decision was issued on May 20, 2021. On August 23, 2021, IOUs submitted ALs proposing forecasting and methods for voluntary allocation of attributes associated with resources covered by the PCIA. Protests to IOU ALs regarding Working Group 3 methodology for determining PCIA eligible RPS and RA in IOUs’ portfolios were filed on September 13 and Replies on September 22, 2021. A Ruling is pending. o A CPUC email Ruling was issued on September 17, 2021 seeking Comments on ERRA related PCIA issues; CalCCA filed Comments on October 1, 2021; Replies were filed on October 8, 2021. o A CPUC ALJ Ruling was issued on November 15, 2021 requesting comments on three additional questions relating to PCIA forecasting data access; CalCCA filed Comments on December 9, 2021, and Replies were filed on January 6, 2022. On December 17, 2021 a Proposed Decision was issued resolving Phase 2 issues related to the ERRA Proceedings. CalCCA filed Comments on January 6, 2022; Replies were filed on January 11, 2022. • Deenergization/PSPS:
o The CPUC held IOU Public Briefings from August 2 through August 3, 2021 on Utility Readiness for 2021 PSPS events. The three IOUs filed a Joint Working Group Report on September 29, 2021 to share all lessons learned and best practices, and to provide required data in February 17, 2022 - Pioneer Community Energy Leg and Reg Update compliance with previous CPUC Rulings. The CPUC issued a Decision on September 29, 2021 against PG&E for its handling of the 2019 PSPS events; significant penalties were issued and are to be paid by shareholders and will also be recovered through customer bill credits for those affected. On October 5, 2021, PG&E issued a Bi-Weekly Report on corrective actions related to PSPS events, and a Report on engagement with Fire Agencies and Public Safety Partners.
o On October 5, 2021, PG&E filed a Post-Event PSPS Report for the September 20, 2021 PSPS event. This event did not affect Pioneer territory or customers. Another Post Event Report was issued on October 26, 2021 for the October 14-October 16, 2021 PSPS events. Neither the September 20, 2021 nor the October 14-October 16, 2021 PSPS events affected Pioneer customers.
o CPUC President Batjer sent a letter to PG&E regarding PG&E's Fast Trip Program which deenergizes lines to prevent utility-caused wildfires. Fast Trips have turned off the power to thousands of customers in northern California since the Program began in July 2021, including many in El Dorado County; these outages are related to PSPS as a measure to prevent wildfires caused by PG&E infrastructure, however, are not accountable under the PSPS CPUC established rules; no advanced warning is given and no communication takes place; power can be out for hours or days and presents inconvenience, confusion, and dangers to those who rely on electricity for medical reasons. Pioneer recently sent a letter to President Batjer regarding Fast Trip issues. The letter supports the comments in Batjer’s letter to PG&E seeking to address problems with the Fast Trip Program and requests additional information from PG&E on Fast Trip incidents. BBSW is looking to send a data request to PG&E regarding the Fast Trip Program in the Wildfire Mitigation Rulemaking Proceeding to get a complete picture of the scope and frequency of these outages in Pioneer territory. After rains this season, PG&E is recalibrating Fast Trip settings to lessen the frequency of shutoffs ongoing in Pioneer territory since July 2021. An Access and Functional Needs (AFN) Status Conference was scheduled for December 10, 2021.
o The Utility Reform Network’s (TURN) recent testimony addressed the proposed methodology for calculating PSPS-related unrealized sales in the consolidated 2019 Compliance proceeding.

TURN's testimony takes a very aggressive stance both in its criticism of the IOUs' proposal and in its own proposal to disallow "all unrealized revenue, meaning all components of the volumetric rate." On December 16, 2022, Energy Division staff issued a Draft PSPS Compendium incorporating the various CPUC guidelines and rules on PSPS matters. Status Conference was held on January 28, 2022.
• PG&E ERRA Compliance and ERRA Forecast:
o The ERRA Proceeding acts as a review of an IOU’s prior year portfolio management and accounting and seeks to identify errors and discrepancies between PG&E’s revenue requirements vis-à-vis collected revenues through the IOU’s General Rate Case which ultimately affects CCA rates through the PCIA.
o In the PG&E Compliance Review of PABA and ERRA Entries 2019 Proceeding, Phase 2, a Pre-Hearing Conference was held on August 24, 2021. Phase 2 seeks to address PSPS cost recovery February 17, 2022 - Pioneer Community Energy Leg and Reg Update methodology in the ERRA. On October 26, 2021, an Energy Division Workshop was held on IOU PSPS methodology as related to ERRA. On November 11, 2021, IOUs provided Testimony on Phase 2 Issues. On November 12, 2021 an ALJ email ruling was issued providing guidance on Joint CCA Request for Clarification on alternative methodologies for calculating a utility’s unrealized volumetric sales and revenue resulting from PSPS events. On December 2, 2021, Joint CCAs filed a response to the Ruling. Joint IOUs are scheduled to serve rebuttal testimony on February 15, 2022. A call with Joint CCAs and Keyes & Fox is tentatively scheduled for February 17, 2022 to discuss key issues and next steps prior to the meet and confer with the IOUs on February 18, 2022. Pioneer and Joint CCAs will continue participation in Phase 2 of the Proceeding with Keyes and Fox and NewGen to address 2019 and future PSPS cost recovery methodology in the ERRA.
o On March 1, 2021, PG&E submitted their application for Compliance Review of its 2020 PABA and ERRA entries. Joint CCAs filed protest to the application on April 19, 2021. On September 13, 2021, PG&E requested to cancel hearings as they had resolved disputed facts with Joint CCAs. Evidentiary Hearings were shortened to one day, September 16, 2021, per September 2, 2021 email Ruling. A Settlement Conference was held on September 24, 2021. Opening Briefs were due on October 19, 2021, and Reply Briefs were due on November 9, 2021. A Proposed Decision is expected Q1 2022. A Joint Settlement Agreement was reached on October 15, 2021 among Joint CCAs, the Public Advocates Office, and PG&E resolving all disputed issues in PG&E’s 2020 ERRA Application. The Joint CCAs won on every outstanding contested issue with PG&E in this year’s Proceeding.
o PG&E submitted their 2022 ERRA Forecast on June 1, 2021. On August 31, 2021, Joint CCAs filed a Motion to Compel to resolve discovery dispute with PG&E over access to last year’s working papers which are key to Joint CCA’s testimony. A CPUC ALJ granted the Joint CCA Motion to Compel discovery on October 5, 2021, deeming the 2021 workpapers as integral to the calculation of the year-end PABA balance used to set 2022 PCIA rate. PG&E filed their annual November Forecast Update on November 8, 2021; Joint CCAs filed Comments on the November Update on November 11, 2021. The outlook on the 2022 PCIA looks very favorable with CCA rates going down and bundled rates going up. This was very positive news for Pioneer and CCAs. However, new rates that were to go into effect on January 1, 2022 have now been delayed until March 1, 2021 by a November 24, 2021 ALJ Ruling. The effect of this delay is that current PG&E rates and the 2021 PCIA will continue for an additional two months.

The continued under collection of ERRA and overcollection of PABA should, however, reduce the PCIA in 2023. Joint CCAs, CalCCA, PG&E, and DACC are arguing for a 12-month amortization period, while other stakeholders are supporting an 18 or 24-month amortization. A PD was issued on January 24, 2022, supporting a 12-month amortization of the main ERRA balance and a timely, March 1, 2022, implementation of rates to prevent rate volatility for both bundled and unbundled customers. The PD is on the February 10, 2022 Commission Voting Meeting Agenda which, if it passes, should allow for a March 1, 2022 implementation of rates. At this point, the PD is a win for Pioneer and CCAs.

February 17, 2022 - Pioneer Community Energy Leg and Reg Update • 2021 Emergency Reliability OIR:
o On October 29, 2021, a Proposed Decision was issued directing IOUs to take action to ensure reliability during extreme weather in summer 2022 and 2023. Comments were due on November 10, 2021, and Replies were due on November 16, 2021. The CPUC previously conducted an analysis of the need for new resources and found that a range between 2,000 to 3,000 MW of new supply- and demand-side resources will help address grid reliability concerns in the most extreme circumstances in 2022 and 2023. A Revised Proposed Decision was voted out at the December 2, 2021 Commission Voting Meeting.
o This PD adopts several supply and demand-side requirements to ensure there is adequate electric power in the event of extreme weather during times of greatest need in summers 2022 and 2023. The PD directs the IOUs to procure a total of between 2,000 and 3,000 MW of supply-side resources and expands the procurement role of the Central Procurement Entities (CPEs) but does not impose penalties for new procurement if reasonable efforts are demonstrated to meet the procurement targets. The PD also expands the Emergency Load Reduction Program (ELRP) which increases incentives for customers to reduce electrical usage during times when the grid is vulnerable. The proposal also expands existing authorization to procure supply-side resources including, for example, storage, imports, and gas plant efficiencies which can count toward procurement targets. CalCCA’s Comments on the Proposed Decision argued that procurement should be limited to 2,000 MW and to define “reasonable” attempts IOUs must make to meet emergency procurement obligations. • Net Billing (Formerly NEM 3.0):
o This Proceeding proposes to create a successor Program to NEM 2.0 to address some of the identified issues with the existing Program. On September 15, 2021, a coalition of community groups and the IOUs submitted a Joint Letter to the CPUC requesting to change, reduce, or eliminate existing NEM cost shifts. On October 13, 2021, a Joint Letter was submitted by San Diego Community Power and San Jose Community Energy indicating support for a NEM 3.0 tariff that continues the sustainable growth of the rooftop solar industry. A PD was issued on December 13, 2021 revising the NEM tariff and sub-tariffs. The objective here was to increase equity and eliminate cost shifts onto lower income customers who are subsidizing residential solar owners to some degree. Residential solar customers would still be able sell back power to the grid but at a significantly lower rate; they would also have to pay a grid charge based on kW usage ($40-$50/month). These changes would only apply to new solar customers and would be phased in over 4 years. Existing residential solar owners would not be subject to the changes until they have owned their system for 15 years. Joint CCAs filed Opening Comments on the PD on January 7, 2022; Replies were due January 14, 2022. The PD was recently held from the CPUC Voting Meeting. The ALJ cancelled oral arguments until an unspecified date when all Commissioners can participate. A Final Decision has been held indefinitely. 2/11/2022
1 Customer Engagement Update
February 2022 Board Meeting
Types of Engagement
2 Getting to know our customers: • Phone Calls & Emails • In Person Customer Site Visits
• Event Attendance & Sponsorship
• Community Presentations
• Key External Stakeholder Meetings
• Social Media
• Paid Media
• Earned Media
1 2
2/11/2022
2 Direct Customer Engagement
3 In Person Site Visits
• El Dorado Irrigation District
Community Presentations
• Placerville Rotary
• Cameron Park
• Online Webinar (x2)
Key External Stakeholders
4 • Auburn Chamber Installation
Dinner
• Placer County Biomass Working
Group
• Auburn Chamber Economic
Development
• Placer County Regional
Economic Development
Stakeholder Meeting
• Placerville City Council Update
• El Dorado County Board of
Supervisor Update
• Placer County Economic
Development Board
• Lincoln Government Relations
3 4
2/11/2022
3 Key Metrics
5 Green100
• 128 Total Participants
• 1 Opt Ups
• 0 Opt Downs
Customer Counts
• 87.6% Retention
• 1,136 New Customers
• 1 Returning Customers
5 PIONEERCOMMUNITYENERGY.CA.GOV
2510 Warren Drive, Suite B
Rocklin CA 95677
Governor Gavin Newsom
1303 10th Street, Suite 1173
Sacramento, CA 95814
California Public Utilities Commission
505 Van Ness Ave.

San Francisco, CA 94102
February XX, 2022
RE: Net Energy Metering Successor Tariff Proposed Decision Dear Governor Newsom and CPUC Commissioners,
As the Community Choice Aggregator (“CCA”) of the Sierra Foothills, Pioneer Community Energy (“Pioneer”) is writing to express our concerns and support, with aspects of the California Public Utilities Commission (“CPUC”) Proposed Decision (“PD”) on the Net Energy Metering (“NEM”) Successor Tariff.

Pioneer appreciates the CPUC’s review of the NEM tariff and consideration of a successor tariff within the rapidly evolving energy market. We also understand that the CPUC is faced with a challenging task of balancing the interests of solar and non-solar customers, while encouraging the growth of the solar industry.

Pioneer supports the PD’s efforts to reduce cost-shifts and encourage solar paired with energy storage. We support the PD’s intent to better align the NEM rate with the avoided costs of the rapidly transforming grid. And we applaud the PD’s prioritization of increasing access to solar and storage in low-income communities.

However, we are concerned with the grid access charge established in the PD.

Imposing a high fixed charge exclusively to solar customers risks undermining the goal of continued adoption of behind-the-meter solar and storage. The CPUC’s concern about fair contribution to the maintenance of the grid and non-bypassable charges (“NBC”) is valid. Pioneer encourages the CPUC to consider applying relevant NBC’s to solar customers to achieve equity.

Further, as a load-serving entity, we place a high value on the need for predictability and simplicity with customer bills. The successor tariff, as currently proposed, is complex and will be challenging for customers to understand. Therefore, we recommend the successor tariff be structured to facilitate customer understanding of their bills.

COMMUNITY eNeRGY
■
PIONEERCOMMUNITYENERGY.CA.GOV
2510 Warren Drive, Suite B
Rocklin CA 95677
California has long been a model for the clean energy transition, and what happens here will influence the clean energy landscape across the United States. As we emerge from the economic and public health crisis caused by COVID-19, Pioneer urges you to maintain the benefits of solar energy for all Californians, ensure that rooftop solar plus battery storage continues to grow substantially and equitably, and focus investment on the ratepayers and communities who are at the forefront of the climate crisis.

Sincerely,
Donald Eckert, Executive Director
Cc: Members of the California Public Utilities Commission Pioneer Governing Board
RE: Net Energy Metering Successor Tariff Proposed Decision February xx, 2022

COMMUNITY eNeRGY
,,\,iLIFORNIA ENERGY MARKETS.

NewsData LLC, Seattle & San Francisco: January 21, 2022 • No.1676 Quick Bites: New EV Charging Network [1] CPUC Net-Metering Proposal Draws Fire Agreement Announced .... Jumpto[SJ. and Support Among Commenters Speakers Confirmed for February Event TheCaliforniaPublicUtil-on System Transformation .. Jump to [5.1]. ity Commission's proposed decision on net metering Bottom Lines: Time for State's Energy drew widespread comment, including condemnation Conversation to Grow Up•• Jumpto[6J. fromsolarinterests,some retail customers and even CAISO Board Extends Wheel-Through Hollywood celebrities. Oppo-Rules to May 2024 ........ Jumpto[10]. nentshadstrongwordsfor the CPUC over a proposed Report: Controlled EV Charging, DR grid-access charge and say A rally held Jan. 13 in Los Angeles in objection to the Could Reduce Curtailment Jump to [11]. the proposal will kill rooftop proposed decision on net metering now before the solar, but consumer advo- CPUC. Photo: California Solar & Storage Association Utility-Scale Solar Generates More Power cates and other organizations say the status quo needs to change Per Acre Than Thought .... Jump to [12]. because it treats renters and lower-income people unfairly. The CPUC is considering the proposal as it takes on two new members. At [8], PG&E Probation Ending, but Prob le ms debate continues at the CPUC as it considers net-metering reform.

Wi II End ure, Judge Says· · · Jump to I7 3J. h[2111Jii-R•e1111siiiio•u•rc•e•·•A•d~e111q•u•a;.,;c;.,;y~P;_;r.;.o~p;o~sa~l;_;s~F~o•c•u•s•o•n••-- City of Riverside Investigating Increased Reliability, Plant Outages Contracts With SCP PA · · · · Jump to £741. California utility officials are sifting through proposed changes Lack of Precipitation Leads to Little to the state's resource-adequacy program in hopes of avoiding roll-ing blackouts and additional curtailment of renewable resources.

Drought Recovery ... • .... Jump to [1 SJ. Experts this week asked the California Public Utilities Commission to take a closer look at the forced-outage rates of power generation BPA to Transfer Stake in Boardman to facilities across the state and to promote resources that have a more Hemingway Line ......... Jump to [16]. reliable histmy of delivering power during tighttimes on the grid.

ERCOT: Texas Grid More Prepared At [9], RA changes proposed, ready for review.

Than Ever for Winter ..... Jumptof1BJ. [3) Tri-State Embraces Near-Term GHG Prices Generally Tumb
Demand De
Pliiiktlt+J=~il•ltit#M f
Go to www.EnergyfobsPortal.com for the latest
in regional energy career opportunities.

Reductions in Settlement Before Regulators
Tri-State Generation and Transmission Association of Colorado on Jan. 18 filed a settlement with more than two dozen parties agreeing to reduce short-term emissions from its operations between 2025 and 2030. The agreement, now before Colorado reg-ulators with Tri-State's 2020 Electric Resource Plan, also includes increases in demand-side resources and new energy-efficiency targets. At [17], diverse groups sign 011 to Tri-State settlement. [4] Biden: Budget Bill's Climate Section Could Pass
President Joe Eiden on Jan. 19 suggested the climate element of the 10-year Build Back Better budget legislation could gain enough support to pass in the Senate, telling a press confer-ence that' we're probably going to have to break [the bill] up." Meanwhile, four federal agencies and the Interstate Oil and Gas Compact Commission reached an agreement for cleaning up orphaned wells with infrastructure funding. Appeals court remands boiler mle to DOE, at [19].

CALIFORNIA ENERGY MARKETS • January 21, 2022 • No. 1676 , Page 6 [8] CPUC Net-Metering Proposal Draws
Fire, Support Among Commenters
(from [11)
Debate and rancor ramped up regarding the
California Public Utilities Commission's proposal
to restructure its net-energy metering policy as the
agency begins digesting comments in the proceeding.

The soonest the commission could vote on the
matter would_b_e at_its fan. 27 voting meeting, but the proposed decis10n is not on that agenda and it is not
clear when it will be taken up. The publi~ comment
period ended Jan. 14.
"We have two new Commissioners, one of whom
has not started yet," CPUC spokesperson Terrie Pros-per said in an email to California Energy Markets.

Comments from parties on the Proposed Decision
have just been received for this extremely important
policy matter. We will provide more information once
a schedule has been determined."
Both of the new commissioners, including the
agency's new president, were appointed by Gov.

Gavin Newsom. The governor on
wit~out pa~sing the costs of the current net-metering
pohcy-which compensates DER customers with a
1 :1 per-kWh retail rate for energy their systems serve back to the grid-on to non-DER customers.

The CPUC said the NEM program needs an update
to provide incentives for installing solar paired with
s!orag~.and to ensure there are "more accurate price
signals to promote greater adoption of customer-sited storage. One of the lauded provisions in the P:oposal !s a $600-i't!illion equity fund designed to
give low-mcome residents access to clean distributed
energy resources (see CEM No. 1672 [8]).

Thirty comments from official intervenors have
been pu~lished by the CPUC since Jan. 7, including
from umons, energy trade and environmental groups
investor-owned utilities, the Public Advocates Office ' and organizations ranging from Walmart to the Cali-'
fornia Farm Bureau Federation.

Critics of the proposal say ongoing concerns
are not sufficiently addressed in the document and
characterize as egregious the grid-access fees that
would add, on average, about $57 a month to existing
DER customer bills, which opponents say
Dec. unfairly penalizes them. 23 appointed John Reynolds, former chief of staff to current CPUC
member Genevieve Shiroma, to replace
Martha Guzman Aceves on the com-mission. Newsom on Nov. 22 named his senior energy advisor, Alice Reynolds,
to replace Marybel Batjer as president
of the five-member CPUC following
Batjer's resignation, which was effec-
'It is a disincentive
to install solar
Solar industry commenters such as the
California Solar and Storage Association
predictably do not support the proposal.

CalSSA said the proposed grid-participa-tion charge violates anti-discrimination provisions in the Public Utility Regulatory
Policies Act of 1978.
if the fees are
too high.'
tive Dec. 31.

Batjer, who served less than three years tendered
her resignation in September amid contro~ersy
surrounding communications that she shared with
the governor's office during the time the CPUC was
approving Pacific Gas & Electric's bankruptcy exit
plan in 2020 (s~e CEM No. 1669 [8]). The CPUC is
regarded as a~ mdependent agency, as reflected in a
document on its website.

Turnover at the commission has occurred among
~oth st~ff and commission members. The proceed-mg, which had been assigned to Guzman Aceves was reassigned multiple times. Batjer took it ov~r on
Dec. 20 following Guzman Aceves' departure. It was
reassigned to new CPUC President Alice Reynolds on
Jan. 11. On Jan. 12, a hearing for oral arguments on
the matter was rescheduled to "allow all five Com-missioners to participate," according to the resched-uling notice. John Reynolds has not yet started at the commission.

The "Net Energy M~t~r!ng Revisit" rulemaking,
known as NEM 3.0, was imtrnted in August 2020 and
is based on an earlier CPUC decision [R20-08-020]
(see CEM No. 1633 [9]). The roughly 200-page pro-P?Se~ decision, issued Dec. 13, is intended to pro-vide mcentives for both residential and commercial customers to invest in distributed energy resources
. "If the PD is adopted, it will be a potent
weal?on 111 the hands of utilities across the country
seekmg to snuff out customer-sited solar" CalSSA
said in Jan. 7 comments. "It rewrites California's
climate change policy to one aimed at slowing down
the pace of rooftop solar installations-a seismic shift where California treats customers with distributed
energy resources ... with more adversity than states
like Alabama and Wyoming where few customers
have installed solar." '
But CalAdvocates and the Natural Resources
Defense Council say the NEM proposal does not vio-late PURPA, because it is state ratemaking that is not under federal jurisdiction.
"The [grid-participation charge] is not an addi-tional fee imposed only to solar customers to recover additional costs of service. Rather, the GPC is a fee
that aims to collect costs that are common to both
solar and non-solar customers that are otherwise
collected th.rough volumetric rates," NRDC said in its
comments. The record has strong evidence of the
negative impacts that occur when those costs are not
collected from solar customers." NRDC said it gener-ally supports the proposal, with some modifications such as inclusion of a community solar tariff and a '
comprehensive definition of low-income customers.

Many comments on the proposal from rooftop-solar_ owners e~umerate the cost of their systems and the time by which they expected a return on their
Copyright© 2022, NewsData LLC. Unauthorized reproduction is strictly prohibited.

CALIFORNIA ENERGY MARKETS • January 21, 2022 • No. 1676 • Page 7 Walmart in 2010 began installing rooftop solar power systems on locations in California and Arizona, including these panels on the retail giant's store in MounM tain View, California. Photo: Walmart/Ffichr
investment under the status quo. Several said they
saved for years to afford solar and undertook the
investment assuming the financial terms of the cur-rent net-metering policy would remain in place. "The net metering program is why most people
install solar panels," PG&E customer
"One thing is crystal clear from pmties' comments
on the PD," the state's investor-owned utilities said
in joint comments. "Parties unanimously agree that
there is a substantial subsidy embedded in the cur-rent Net Energy Metering ... framework that is borne by non-participating customers, and that [2013's]
AB-327 requires reform."
All parties, including the joint IO Us, are committed
to achieving California's statutory energy and environ-mental policy goals, including zero-carbon electricity by 2045, the utilities said. They said they share con-cerns about the rooftop solar market but that those concerns are unfounded with respect to the proposal,
which they called "a step in the right direction of
accomplishing those goals affordably and equitably."
Numerous items in the proposed decision give
other stakeholders pause. Among them is the lack of
a community solar tariff for DERs.
"Our proposal in the CPUC proceeding would
provide low-income customers with up-front rebates
sufficient to ensure a 10-year payback on new stand-alone rooftop solar systems," Matthew Freedman, staff attorney for The Utility Reform Network, said
in an email to CEM. Any ratepayer funds
Leslie Johnson of Woodside said in a
comment. "The only reason to approve
the cmTent proposal is (to] reward
a company that has shown that it is
incapable of actually providing us with
reliable and safe electricity," I ohnson
wrote. "I also do not see how this can
possibly help towards the 100% renew-able energy goal. It is a disincentive to install solar if the fees are too high."
'Parties unanimously
agree that there is a
substantial subsidy
used to subsidize rooftop solar should pri-oritize extending it to communities that have traditionally lacked access to DERs,
he said.

Social media comments and press
releases attributed to celebrities are fan-ning discontent and obfuscating issues, according to some of the parties. Many say
an abundance of these efforts originate
with the rooftop-solar industry.
"This is not the time for the Com-mission to implement economic disin-centives to the installation of solar in new housing," the California Building
embedded in the
current ... framework
that is borne by
non-participating
customers.'
"Unfortunately, the public messaging
by the solar industry has been misleading
because it ignores the substantial impact of
current NEM policy on the rates of all cus-Industry Association said in its fan. 14 tomers, including the vast majority of low-reply comments. The proposed decision, according to the group, would eliminate the use of the most popu-lar method of compliance with the California Energy Commission's solar mandate. The "lease" option
is used for more than two-thirds of the new homes
being built in California, the group estimates.

As written, additional costs would tack on more
than $15,000 to the price of a new home, CBIA said.

As decarbonization increases, new homes will con-sume roughly three times the electricity that the typical mixed-fuel home with no electric vehicles
uses today, according to the group. It advocates for
the removal of the grid-participation charge from the
decision.

In Jan. 14 comments, Walmart pointed out that the
grid-participation charge does not apply to nonresi-dential customers with behind-the-meter generation resources-one thing the proposed decision got right,
it said. The retail behemoth, which has solar, fuel-cell and wind generation on its California facilities, called the proposal "uneconomic" for nonresidential custom-ers because it relies on the Ratepayer Impact Measure test to determine cost-effectiveness rather than the
Total Resource Cost or Participant Cost tests.
and middle-income families who don't have rooftop
solar," Freedman said. "Absent major reforms, NEM is
not scalable to accommodate the next decade of roof-top solar installation without threatening the afford-ability of basic electricity service for all customers." About 45 percent of Californians are renters who
are generally excluded from NEM because they can't
install solar on properties they don't own, Freed-man said. A community solar tariff would allow those customers to opt into shared facilities that are more
cost-effective and provide value both to subscribers
and to all customers, he added.

Former California Gov. Arnold Schwarzeneg-ger in a fan. 17 op-ed published in The New York Times decried the proposed decision, surmising that,
if implemented, it would cause reductions in new
rooftop-solar installations throughout the state.

Schwarzenegger pointed out that while the CPUC is
independent, Newsom appointed four of its five com-missioners, and the governor's opinion on the issue matters, Schwarzenegger said.

The former governor and movie star also touted
his administration's goal, achieved in 2019, of getting solar panels installed on 1 million roofs in the state.

Copyright© 2022, NewsData LLC. unauthorized reproduction is strictly prohibited.

CALIFORNIA ENERGY MARKETS • January 21, 2022 • No. 1676 • Page 8 Currently, 1.3 million roofs on California homes,
businesses and government structures have solar
panels, generating roughly 10 GW, he wrote.

High-profile viewpoints have come from basket-ball legend turned "solar evangelist" Bill Walton and actor-activists Edward Norton and Mark Ruffalo.

Walton, in a Jan. 12 "open letter" distributed in a
news release issued by Stellar Solar, called on New-som to intervene in the commission's process. His comments reflect a position that the CPUC is not an
independent agency, but rather the governor's tool.
"The CPUC, appointed, not elected, is responsible
to you, Gavin, The Governor. And you to us," he wrote.

Norton, in a lengthy Twitter post, said that "Cali-fornia utilities like PG&E want to maintain their monopoly & look for every opportunity to kill rooftop
solar which liberates customers from their control."
Dual rallies Jan. 13, during which solar industry
workers, existing rooftop-solar customers and sup-porters marched and demonstrated outside CPUC offices in Los Angeles and San Francisco, reflected
larger discontent with the proposal statewide.

Those who oppose the revisions are focused on
lobbying Newsom, suggesting that his intervention i
needed to either redirect the commission or over-turn the CPUC's proposed decision before any final arguments are made or votes are cast. Newsom said
publicly recently that there is still some work to be
done on the proposal. -Linda Dailey Paulson and
Abigail Sawye,-
yes aJor Changes to Resource-Adequacy Program (from [21) Utility regulators and experts in California are
revising the state's resource-adequacy program due
to proliferating renewables and a grid that is under
stress at peak demand times.

The California Public Utilities Commission this
week held a public workshop to discuss proposed RA
program designs that could alter how electricity sellers procure additional capacity for the grid. Part of the
need to revise the RA program is to capture a growing
amount of intermittent renewable energy resources
that are coming on line, the CPUC said in a decision
in the RA proceeding last year. Renewable resources,
such as wind and solar, depend on the weather, creat-ing supply uncertainties, the decision says. "This load uncertainty, paired with signals from
policymakers of a shift away from reliance on gas-fired generation, has led to a significant decline in multi-year tolling contracts and has been replaced by
short-term RA-only capacity contracts," the commis-sion said in the decision.

California's RA program was first implemented in
2006, back when most of the state's load was served
by a few investor-owned utilities. However, Califor-nia now has 38 load-serving entities and growing amounts of renewable energy flowing onto the grid,
the decision says.

At the Jan. 19 workshop, the California Inde-pendent System Operator recommended that the state's updated RA program should emphasize the
Solar panels float on a pond at a vineyard in Napa Valley. The CPUC is consider-ing significant changes to the state's resource-adequacy program to handle the growing amount of renewable energy. Photo: SolarWriter/Wihimedia Commons actual forced-outage rates that an energy resource
experiences on the grid, specifically a resource's
forced-outage rate when RA supply is most at risk.

This approach would penalize an energy resource if it
experienced a forced outage when the grid needed its
supply, CAISO representatives said at the workshop.

The ISO's proposed RA approach would also
encourage load-serving entities to procure energy
from resources that are most reliable in times of
need. Doing so would allow CAISO to eliminate inef-fective rules that do not allow LSEs to effectively replace resources that are experiencing forced out-ages consistently, ISO representatives said.

The CPUC is currently considering a set of pro-posed RA program approaches, the first of which is called the "slice-of-day" RA plan, proposed by Pacific
Gas & Electric in comments on the decision.

The slice-of-day plan would require LSEs to pro-cure RA capacity at multiple times of day, such as for six different four-hour time slots. The plan would
also require sellers to procure enough energy to
charge energy storage resources, and would include a
new way to count intermittent RA resources, such as
utility-scale solar.

Supporters of PG&E's slice-of-day proposal,
including the Sierra Club, the CPUC's Public Advo-cates Office and Calpine, said it "better ensures that load-serving entities contract resources that
meet energy requirements during all hours of the
day and that energy storage resources are available
when needed for discharging." However, CAISO in
comments on the decision said the proposal would
require the grid operator to revise its tariffs and could reduce the efficiency of CAISO's market optimization.

When asked if the CPUC's proposed RA programs
would increase or decrease natural gas peaker plant
usage, the commission said it might have more infor-mation on the subject later this year.

Another proposed RA program, the Net Qualify-ing Energy Proposal, proposed jointly by Southern California Edison and the California Community
Choice Association, would predict future wind and
solar generation by looking at prior generation
Copyright© 2022, NewsData LLC Unautl1orized reproduction is strictly prohibited, Page | 1
Pioneer Community Energy
Glossary of Terms
CAISO – California Independent System Operator - a non-profit independent system operator that oversees the operation of the California bulk electric power system, transmission lines and electricity market generated and transmitted by its members (~80% of California’s electric flow). Its stated mission is to “operate the grid reliably and efficiently, provide fair and open transmission access, promote environmental stewardship and facilitate effective markets and promote infrastructure development. CAISO is regulated by FERC and governed by a five-member governing board appointed by the governor.

CALCCA – California Community Choice Association – Association made up of Community Choice Aggregation (CCA) groups which represents the interests of California’s community choice electricity providers.

CARB – California Air Resources Board – The CARB is charged with protecting the public from the harmful effects of air pollution and developing programs and actions to fight climate change in California.

CEC – California Energy Commission
CPUC – California Public Utility Commission
C&I – Commercial and Industrial – Business customers
CP – Compliance Period – Time period to become RPS compliant, set by the CPUC (California Public Utilities Commission)
DA – Direct Access – An option that allows eligible customers to purchase their electricity directly from third party providers known as Electric Service Providers (ESP).

DA Cap – the maximum amount of electric usage that may be allocated to Direct Access customers in California, or more specifically, within an Investor-Owned Utility service territory.

DA Lottery – a random drawing by which DA waitlist customers become eligible to enroll in DA service under the currently-applicable Direct Access Cap.

DA Waitlist – customers that have officially registered their interest in becoming a DA customer but are not yet able to enroll in service because of DA cap limitations.

DAC – Disadvantaged Community
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DASR – Direct Access Service Request – Request submitted by C&I to become direct access eligible.

Demand - The rate at which electric energy is delivered to or by a system or part of a system, generally expressed in kilowatts (kW), megawatts (MW), or gigawatts (GW), at a given instant or averaged over any designated interval of time. Demand should not be confused with Load or Energy.

DER – Distributed Energy Resource – A small-scale physical or virtual asset (e.g. EV charger, smart thermostat, behind-the-meter solar/storage, energy efficiency) that operates locally and is connected to a larger power grid at the distribution level.

Distribution - The delivery of electricity to the retail customer’s home or business through low voltage distribution lines.

DLAP – Default Load Aggregation Point – In the CAISO’s electricity optimization model, DLAP is the node at which all bids for demand should be submitted and settled. Pioneer settles its CAISO load at the PG&E DLAP as Pioneer is in the PG&E transmission access charge area.

DR – Demand Response - An opportunity for consumers to play a significant role in the operation of the electric grid by reducing or shifting their electricity usage during peak periods in response to time-based rates or other forms of financial incentives.

DWR – Department of Water Resources – DWR manages California’s water resources, systems, and infrastructure in a responsible, sustainable way.

ELCC – Effective Load Carrying Capacity – The additional load met by an incremental generator while maintaining the same level of system reliability. For solar and wind resources the ELCC is the amount of capacity which can be counted for Resource Adequacy purposes.

EPIC – Electric Program Investment Charge – The EPIC program was created by the CPUC to support investments in clean energy technologies that provide benefits to the electricity ratepayers of PG&E, San Diego Gas & Electric Company (SDG&E), and Southern California Edison Company (SCE)
ERRA – Energy Resource Recovery Account – ERRA proceedings are used to determine fuel and purchased power costs which can be recovered in rates. The utilities do not earn a rate of return on these costs, and only recover actual costs. The costs are forecast for the year ahead.

If the actual costs are lower than forecast, then the utility gives money back, and vice versa.

ESP – Energy Service Provider - An energy entity that provides service to a retail or end-use customer.

EV – Electric Vehicle
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GHG – Greenhouse gas - water vapor, carbon dioxide, tropospheric ozone, nitrous oxide, methane, and chlorofluorocarbons (CFCs). A gas that causes the atmosphere to trap heat radiating from the earth. The most common GHG is Carbon Dioxide, though Methane and others have this effect as well.

GRC – General Rate Case – Proceedings used to address the costs of operating and maintaining the utility system and the allocation of those costs among customer classes. For California’s three large IOUs, the GRCs are parsed into two phases. Phase I of a GRC determines the total amount the utility is authorized to collect, while Phase II determines the share of the cost each customer class is responsible and the rate schedules for each class. Each large electric utility files a GRC application every three years for review by the Public Advocates Office and interested parties and approval by the CPUC.

GWh – Gigawatt-hour - The unit of energy equal to that expended in one hour at a rate of one billion watts. One GWh equals 1,000 megawatt-hours.

IEP – Independent Energy Producers – California’s oldest and leading nonprofit trade association, representing the interest of developers and operators of independent energy facilities and independent power marketers.

IOU – Investor Owned Utility – A private electricity and natural gas provider.

IRP – Integrated Resource Plan – A plan which outlines an electric utility’s resource needs in order to meet expected electricity demand long-term.
kW – Kilowatt – Measure of power where power (watts) = voltage (volts) x amperage (amps) and 1 kW = 1000 watts
kWh – Kilowatt-hour – This is a measure of consumption. It is the amount of electricity that is used over some period of time, typically a one-month period for billing purposes. Customers are charged a rate per kWh of electricity used.

LCFS – Low Carbon Fuel Standard – A CARB program designed to encourage the use of cleaner low-carbon fuels in California, encourage the production of those fuels, and therefore, reduce greenhouse gas emissions.

LCR – Local (RA) Capacity Requirements – The amount of Resource Adequacy capacity required to be demonstrated in a specific location or zone.

LMP – Locational Marginal Price – Each generator unit and load pocket is assigned a node in the CAISO optimization model. The model will assign a LMP to the node in both the day- ahead and real time market as it balances the system using the least cost. The LMP is comprised of three components: the marginal cost of energy, congestion and losses. The LMP is used to financially settle transactions in the CAISO.

Load - An end use device or customer that receives power from an energy delivery system.

Load should not be confused with Demand, which is the measure of power that a load receives or requires. See Demand.

SE – Load-serving Entity – Entities that have been granted authority by state, local law or regulation to serve their own load directly through wholesale energy purchases and have chosen to exercise that authority.

NEM – Net Energy Metering – A program in which solar customers receive credit for excess electricity generated by solar panels.

NRDC – Natural Resources Defense Council
OIR – Order Instituting Rulemaking - A procedural document that is issued by the CPUC to start a formal proceeding. A draft OIR is issued for comment by interested parties and made final by vote of the five Commissioners of the CPUC.

MW – Megawatt – measure of power. A megawatt equals 1,000 kilowatts or 1 million watts.

MWH – Megawatt-hour – measure of energy
NP-15 – North Path 15 – NP-15 is a CAISO pricing zone usually used to approximate wholesale electricity prices in northern California in PG&E’s service territory.

PCC1 – RPS Portfolio Content Category 1 – Bundled renewables where the energy and REC are dynamically scheduled into a California Balancing Authority (CBA) such as the CAISO. Also known as “in-state” renewables.

PCC2 – RPS Portfolio Content Category 2 – Bundled renewables where the energy and REC are from out-of-state and not dynamically scheduled to a CBA.

PCC3 – RPS Portfolio Content Category 3 – Unbundled REC PCIA or “exit fee” - Power Charge Indifference Adjustment (PCIA) is an “exit fee” based on stranded costs of utility generation set by the California Public Utilities Commission. It is calculated annually and assessed to customers of CCAs and paid to the IOU that lost those customers as a result of the formation of a CCA.

PCL – Power Content Label – A user-friendly way of displaying information to California consumers about the energy resources used to generate the electricity they sell, as required by AB 162 (Statue of 2009) and Senate Bill 1305 (Statutes of 1997).

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PD – Proposed Decision – A procedural document in a CPUC Rulemaking process that is formally commented on by Parties to the proceeding. A PD is a precursor to a final Decision voted on by the five Commissioners of the CPUC.

Pnode – Pricing Node – In the CAISO optimization model, it is a point where a physical injection or withdrawal of energy is modeled and for which a LMP is calculated.

PPA – Power Purchase Agreement – A contract used to purchase the energy, capacity and attributes from a renewable resource project.

RA – Resource Adequacy - Under its Resource Adequacy (RA) program, the California Public Utilities Commission (CPUC) requires load-serving entities—both independently owned utilities and electric service providers—to demonstrate in both monthly and annual filings that they have purchased capacity commitments of no less than 115% of their peak loads.

RE – Renewable Energy - Energy from a source that is not depleted when used, such as wind or solar power.

REC - Renewable Energy Certificate - A REC is the property right to the environmental benefits associated with generating renewable electricity. For instance, homeowners who generate solar electricity are credited with 1 solar REC for every MWh of electricity they produce.

Utilities obligated to fulfill an RPS requirement can purchase these RECs on the open market.

RPS - Renewable Portfolio Standard - Law that requires CA utilities and other load serving entities (including CCAs) to provide an escalating percentage of CA qualified renewable power (culminating at 33% by 2020) in their annual energy portfolio.

SCE – Southern California Edison
SDG&E – San Diego Gas & Electric
SGIP – Self-Generation Incentive Program – A program which provides incentives to support existing, new, and emerging distributed energy resources (storage, wind turbines, waste heat to power technologies, etc.)
TCR EPS Protocol – The Climate Registry Electric Power Sector Protocol – Online tools and resources provided by The Climate Registry to assist organizations to measure, report, and reduce carbon emissions.

Time-of-Use (TOU) Rates — The pricing of delivered electricity based on the estimated cost of electricity during a particular time-block. Time-of-use rates are usually divided into three or four time-blocks per 24-hour period (on-peak, mid-peak, off-peak and sometimes super off-peak) and by seasons of the year (summer and winter). Real time pricing differs from TOU rates Page | 5
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in that it is based on actual (as opposed to forecasted) prices that may fluctuate many times a day and are weather sensitive, rather than varying with a fixed schedule.

TURN – The Utility Reform Network - A ratepayer advocacy group charged with ensuring that California IOUs implement just and reasonable rates.

Unbundled RECs - Renewable energy certificates that verify a purchase of a MWH unit of renewable power where the actual power and the certificate are “unbundled” and sold to different buyers.

VPP – Virtual Power Plant – A cloud-based network that leverages an aggregation of distributed energy resources (DERs) to shift energy demand or provide services to the grid.

For example, thousands of EV chargers could charge at a slower speed and hundreds of home batteries could discharge to the grid during a demand peak to significantly reduce the procurement of traditional supply resources.