Agenda — Pioneer Community Energy Board of Directors, September 28, 2023

Plf)NEER

COMMUNITY ENERGY
Board of Directors
Chair: Alice Dowdin Calvillo
Vice Chair: John Hidahl
City of Auburn
Alice Dowdin Calvillo
Rachel Radell-Harris, Alternate
City of Colfax
Sean Lomen
Kim Douglass, Alternate
County of El Dorado
John Hidahl
Lori Parlin, Alternate
City of Grass Valley
Tom Ivy
Jan Arbuckle, Alternate
City of Lincoln
Holly Andreatta
Dan Karleskint, Alternate
Town of Loomis
Amanda Cortez
Danny Cartwright, Alternate
Nevada City
Gary Petersen
vacant, Alternate
County of Placer
Jim Holmes
Suzanne Jones
Bonnie Gore, Alternate
City of Placerville
David Yarbrough
John Clerici, Alternate
City of Rocklin
Greg Janda
David Bass, Alternate
Pioneer Community Energy
Board of Directors
September 28, 2023
Special Meeting
3:00 PM Call to Order
Pioneer Community Energy Board Room
2510 Warren Drive, Suite B, Rocklin, CA 95677
Remote Locations
Nevada City - City Hall, Wetherall Conference Room
317 Broad Street, Nevada City, CA 95959
This regular meeting will convene in person at the address printed above, be accessible on the Zoom platform at the following link:
https://us06web.zoom.us/j/89967227073;
and live streamed for viewing on the Pioneer website:
https://pioneercommunityenergy.orq/ about-us/ meetinqs-and -agendas/.

Members of the public may participate in person or by remote audio/visual access. Those who participate remotely and 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
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1. Dial 1 (669) 900-6833

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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.

GENERAL ADMINISTRATIVE FUNCTION - PART 1
I. GENERAL ADMINISTRATIVE FUNCTION - PART 1
A. CALL TO ORDER

1. Roll Call
B. AGENDA REVIEW
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.

CONSENT AGENDA
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 July 20, 2023 regular meeting. (ECKERT) b) FINANCE & ADMINISTRATION
Receive Fiscal Year 2023-24 Draft Financial Reports through July 2023. (KOEHN) c) FINANCE & ADMINISTRATION
Adopt Resolution approving the Salary Range and Job Description for the Manager, Quantitative Analysis and Modeling position. (KOEHN)
d) FINANCE & ADMINISTRATION
Adopt Resolution establishing a Special Program Fund (Budget) for Program Purposes. (KOEHN) e) LEGISLATIVE & REGULATORY
(1) Adopt a resolution approving an attestation regarding the veracity of information reflected in Pioneer's 2022 Power Source Disclosure Report for Pioneer Standard ("Base Service") and the associated Power Content Label. (2) Adopt a resolution approving an attestation regarding the veracity of information reflected in Pioneer's 2022 Power Source Disclosure Report for Greenl00 and the associated Power Content Label. (3) Approve the attached Pioneer Power Content Label for distribution Per Public Utilities Code Sections 398.4 and 398.5. (KANG)

REGULAR AGENDA
III. REGULAR AGENDA
2)
3)
4)
S)
6)

ADMINISTRATION
Impact Assessment Study Results for the Expansion into Unincorporated Nevada County (DISCUSSION-ECKERT)
Recommendation: Receive the results of the Impact Assessment Study related to the expansion of Pioneer Community Energy service territory into Unincorporated Nevada County.

ADMINISTRATION
Adopt Resolution Authorizing the Preparation of an Amendment to the Implementation Plan and Statement of Intent and to the Joint Exercise of Powers Agreement Allowing Expansion into Unincorporated Nevada County (ACTION-ECKERT) Recommendation: Adopt Resolution authorizing staff to prepare Addendum No. 3 to Pioneer Community Energy's Implementation Plan and Statement of Intent and Amendment No. 6 to the Joint Exercise of Powers Agreement to allow the addition of Unincorporated Nevada County.

PROCUREMENT
Adopt a ResolutionApproving and Authorizing the Executive Director to Execute an Agreement with NextEra Analytics, Inc. for Battery Optimization Services for an Amount Not to Exceed $300,000 Annually Only if Profitable (ACTION-KANG)
Recommendation: Adopt a resolution authorizing the Executive Director to sign a three-year contract (automatic 1 year renewal thereafter) for battery optimization services with NextEra Analytics, Inc. (NEA) not to exceed $300,000 per year. Service fees are based on a shared-profit model on a graduated scale starting at zero, but not to exceed $300,000 per year. The three-year term will commence on the date in which the battery resource starts commercial operation in the California Independent System Operator (CAISO) market.

PROGRAMS
Adopt a Resolution Approving and Authorizing the Executive Director to enter into a contract with Greenlite Lighting Corp. USA to execute LED Lighting Program (ACTION-ECKERT)
Recommendation: Adopt a Resolution approving and authorizing the Executive Director to enter into a contract with Greenlite Lighting Corp. USA to execute LED lighting program for an amount not to exceed $262,400.

FINANCE & ADMINISTRATION
Draft Fiscal Year 2022-23 Year-End Financial Reports (DISCUSSION-KOEHN) Recommendation: Receive draft Fiscal Year 2022-23 year-end Financial Reports through June 30, 2023.

GENERAL ADMINISTRATIVE FUNCTION - PART 2
IV. GENERAL ADMINISTRATIVE FUNCTION - PART 2
A. BOARD MEMBER COMMUNICATIONS
B. EXECUTIVE DIRECTOR COMMUNICATIONS
C. ITEMS FOR INFORMATION

1. Glossary of Terms
D. ADJOURNMENT
Upcoming Meeting of the Board:

October 19, 2023 at 3:00 PM
Pioneer Community Energy
Board Room
2510 Warren Drive, Suite B
Rocklin, CA 95677
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.

Affidavit of Posting
I, Teresa Willock, Board Secretary, declare under penalty of perjury that the foregoing agenda for the September 28, 2023 regular meeting of the Pioneer Community Energy Governing Board was posted and available for public review on September 22, 2023 at the offices of Pioneer Community Energy, 2510 Warren Drive, Suite B, Rocklin, CA 95677; at remote location: Nevada City-City Hall, Wetherall Conference Room, 317 Broad Street, Nevada City, CA 95959; and, was available for viewing on the Pioneer website at:
https://pioneercommunityenergy.org/about-us/meetings-and-agendas/ 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:
https://pioneercommunityenergy.org/about-us/meetings-and-agendas/ 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].

Entry No. 1

PIONEER COMMUNITY ENERGY

GOVERNING BOARD
July 20, 2023
Minutes
Heard General Administration Functions, Part I.

Call to Order
Pioneer Community Energy Governing Board met in open session at 3:00 PM on July 20, 2023. The Members convened in person and the meeting was accessible to the public at Pioneer Community Energy, 2510 Warren Drive, Suite B, Rocklin, California, 95677; at El Dorado County Board of Supervisors Department Meeting Room, 330 Fair Lane, Building A, Placerville, CA 95667; was accessible for viewer participation on the Zoom platform at the following link: https://us06web.zoom.us/j/89967227073 ; and, was live streamed for viewing on the Pioneer website at: https://pioneercommunityenergy.orq/about-us/meetings-and-aqendas/.

Roll Call
p A Agency Primary Member
X City of Auburn X Chair
Alice Dowdin Calvillo
X County of El Dorado Vice Chair
John Hidahl
X City of Colfax X Sean Lomen
X City of Grass Valley X Tom Ivy
X City of Lincoln X Holly Andreatta
X Town of Loomis X Amanda Cortez
X Nevada City X Gary Petersen
X County of Placer Jim Holmes
X County of Placer Suzanne Jones
X City of Placerville X David Yarbrough
X City of Rocklin Greg Janda
Chair Dowdin Calvillo presided over the meeting.

Agenda Review
or
X
X
X
Reviewed and made no revision to the meeting agenda for July 20, 2023.

Public Comment
Alternate Member
Rachel Radell-Harris
Lori Parlin
Kim Douglass
Jan Arbuckle
Dan Karleskint
Danny Cartwright
vacant
Bonnie Gore
John Clerici
David Bass
There were no comments from members of the public on items not listed on this agenda.

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

Approved minutes of the June 15, 2023 regular meeting.

Received Quarterly Financial Reports through May 31, 2023.

Adopted Resolution 2023-19 authorizing the Executive Director to execute an agreement with JSR Strategies, LLC for an amount not to exceed $1,106,360, and authorizing a Fiscal Year 2023-24 budget increase of $350,860 to the Marketing Division.

Adooted Resolution 2023-20 approving the revised Debt Management Policy. M inutes July 20, 2023

Page 2 ends

Received update on Joint Rate Mailer, plans for distribution, and samples of the digital and printed versions.

Appointed Director Petersen to Pioneer Community Energy's Audit & Finance Committee to fill the vacancy created with the departure of Director Heathcock from the Governing Board.

MOTION: Cortez/Andreatta. Vote: 9:0:2.

ROLL CALL: Andreatta, Bass, Cortez, Dowdin Calvillo, Gore, Ivy, Lomen, Petersen, Yarbrough.

No/Abstain: None.

Absent: Jones, Parlin.

Alternate Director Parlin joined the meeting during presentation of Item 2, Partnership with Electrum.

Entry No. 3
Partnership with Electrum
Discussed and provided direction to staff about introducing Electrum to Pioneer Community Energy's customers with the goal of streamlining the decision process in the selection of sustainable technologies for their home or business.

Executive Director introduced Paige Garcia as Pioneer Community Energy Programs Manager.

Heard a presentation from Kyle Cherrick, Electrum.

Executive Director Eckert informed the Board that the next step will be to provide a demonstration to the Community Advisory Committee on July 26, 2023, and then move forward with implementation by January 2024.

The Board approved implementation of the partnership with Electrum by the following vote; and requested staff to provide update once the contract has been executed.

MOTION: Petersen/Andreatta. Vote: 10:0:1.

ROLL CALL: Andreatta, Bass, Cortez, Dowdin Calvillo, Gore, Ivy, Lomen, Parlin, Petersen, Yarbrough.

No/Abstain: None.

Absent: Jones.

Entry No. 4
Communications Plan for Nevada City and City of Grass Valley Received an update on the communications plan for the residents and businesses of Nevada City and City of Grass Valley who will be served by Pioneer Community Energy beginning January 1, 2024.

Executive Director Eckert informed the Board that staff has conducted successful town hall meetings in Nevada City and City of Grass Valley; and introduced Jessica Rhodes of JSR Strategies to provide the Board with an update on communication activities over the next six months.

Heard presentation and discussed expansion activities.

Entry No. 5
Member Agency Approval of New Member(s)
Discussed and provided direction to staff regarding amending Pioneer Community Energy's Amended and Restated Joint Powers Agreement (JPA) to eliminate the requirement that each Member Agency adopt resolutions approving new members to the JPA.

Provided clarification that all amendments would require a 30-day Notice and Board vote; only certain items would also require the Member Agencies to adopt resolutions in approval. The action for consideration would be an action in September to approve a 30-day Notice for vote at the November 16, 2023 meeting. This process will require the Member Agencies to adopt resolutions in approval of the amendment. ~~~VW'"ilJnO objections. The Board agreed by consensus to move forward.

Page 3 ends

Entry No. 6
Special Event Sponsorship Policy and Authorizing a Fiscal Year 2023-24 budget increase of $50,000 to the Marketing Division
Adopted Resolution 2023-21 approving the Special Event Sponsorship Policy and authorizing a Fiscal Year 2023-24 budget increase of $50,000 to the Marketing Division as amended to have a cap of $5,000 per recipient; and requested staff to provide quarterly updates on Sponsorship activities.

MOTION: Cortez/Yarbrough. Vote: 10:0:1.

ROLL CALL: Andreatta, Bass, Cortez, Dowdin Calvillo, Gore, Ivy, Lomen, Parlin, Petersen, Yarbrough.

No/Abstain: None.

Absent: Jones.

Entry No. 7
Income-Based Fixed Charge
Received an update on the California Public Utilities Commission's (CPUC) proceeding that would impose an income-based fixed charge for investor-owned utilities (IOUs).

Legislative & Regulatory Manager Kolpitcke informed the Board that this charge will be adopted; and staff is watching how it will impact Pioneer customers' bills. Staff will be bringing a plan for customer messaging to the Board in November or December.

Executive Director Eckert informed the Board that CalCCA has not taken a position on this matter.

Legislative & Regulatory Manager Kolpitcke noted that CalCCA's current work sees nothing included for the generation side in the new fee.

Entry No. 8
Heard General Administration Functions, Part II.

Board Member Communications
Committee Vice Chair Dowdin Calvillo reported that on July 11, 2023, that she along with Committee Chair John Hidahl, Greg Janda, and Amanda Cortez attended the Ad Hoc Energy Procurement Review Committee.

Pioneer staff and support including Commercial Counsel, General Counsel and Technical Consultants were also in attendance.

The Committee reviewed, discussed, asked questions, and approved the Executive Director's execution of a long-term capacity contract with Calpine Energy Services that will help Pioneer meet its 2026-2035 resource adequacy requirements; and reviewed, discussed, asked questions, and approved the Executive Director's execution of a long-term capacity contract with Arclight Capital Partners that will help Pioneer meet its 2025- 2030 resource adequacy requirements.

Chair Dowdin Calvillo also reminded the Board that no meeting is scheduled for August; and requested that the September 21, 2023 meeting be moved to September 28, 2023 due to members attending the League of California Cities Conference during that week.

The Board agreed by consensus.

Executive Director Communications
Executive Director Eckert introduced Gina Stassi-Vanacore, Pioneer's new Community Outreach Manager, a resource in expansion activities.

Executive Director Eckert announced that Chair Dowdin Calvillo and Director Petersen will join staff in attending the August 8, 2023 Nevada County Board of Supervisors meeting; and that Pioneer will be celebrating its 5-year anniversary on November 1, 2023.

Minutes
July 20, 2023

Page 4 ends

Legislative & Regulatory Manager Kolpitcke provided an update on the Biomass Tour of Sierra Pacific Industries in l inrnin sr:heduied for 9:4"i AM on August 10, 2071; and requested the Board confirm their attendance with the Board Clerk.

Informational Items
Received the Glossary of Terms.

Adjournment
The meeting adjourned at 4:40 PM.

ATTEST:

Minutes approved as presented by a majority vote of
the Governing Board on September 28, 2023.

Teresa Willock, Board Secretary
Plf)NEEA

COMMUNITY ENERGY
Staff Report - Item lb
To: The Governing Board
From: Eric Acedo, Sr. Financial Analyst
Item lb: Receive Fiscal Year 2023-24 Draft Financial Reports Through July 2023 Date: 9/28/2023

RECOMMENDATION
Receive Fiscal Year 2023-24 Draft Financial Reports Through July 2023.

BACKGROUND
The Year-To-Date (YTD) financial reports are produced by Maher Accountancy for Board member and management review. Although these reports are unaudited, they provide the most up-to-date financial data for Pioneer Community Energy. The mPOWER program accepted its last application August 2021 and mPOWER activity is now limited to the administering the outstanding mPOWER Bonds. Financials for the mPOWER program will be included in the audited year end reports. For July 2023, 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.
• Budgetary Comparison Schedule (Budget to Actuals) - Comparison of budget to actuals on a YTD basis through the reporting period end date for the CCA program.

STRATEGIC PLAN
Strategic Priority 5: Financial Stability & Strategic Growth

FISCAL IMPACT
The YTD change in net position through one month of the fiscal year is $4.9 million.

ATTACHMENTS

1. Financial Reports through July 31, 2023

Page 1 of 1 ends

MAHER

ACCOUNTANCY

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 July 31 , 2023, 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. Pioneer Community Energy's annual audited financial statements include the note disclosures and statement of cash flows omitted from these interim statements. If the omitted disclosures and the statement of cash flows were included in these financial statements, they might influence the user's conclusions about Pioneer Community Energy'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.

H~A~
San Rafael, CA
September 20, 2023
1101 Fifth Avenue , Suite 200 San Rafael, CA 94901 415 459 1249 mahercpa.com 1 PIONEER COMMUNITY ENERGY

CCAFUND

STATEMENT OF NET POSITION
As of July 31, 2023
ASSETS
Current assets
Cash and cash equivalents
Investments
Accounts receivable, net of allowance
Accrued revenue
Other receivables
Interest receivable
Prepaid expenses
Deposits
Total current assets
Noncurrent assets
Lease asset, net of amortization
Total noncurrent assets
Total assets

LIABILITIES
Current liabilities
Accrued cost of electricity
Accounts payable
Other accrued liabilities
Interest payable
Deposits
Note payable
Lease liability
Total current liabilities
Noncurrent liabilities
Note payable
Lease liability
Total noncurrent liabilities
Total liabilities

NET POSITION
Net investment (deficit) in capital assets
Unrestricted net position
Total net position
See accountants' compilation report.

CCAFund
$ 14,886,897
45,908,500
24,043,303
13,383,210
1,509,442
91,500
79,492
8,716,709
108,619,053
1,440,574
1,440,574
110,059,627
23,106,420
445,272
366,466
23,893
393,756
657,266
76,199
25,069,272
6,546,158
1,559,541
8,105,699
33,174,971
(195,166)
77,079,822
$ 76,884,656
2 PIONEER COMMUNITY ENERGY

CCAFUND

STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN NET POSITION
One Month Ended July 31, 2023

OPERA TING REVENUES
Electricity sales, net
Total operating revenues

OPERATING EXPENSES
Cost of electricity
Contract services
Staff compensation
Other operating expenses
Total operating expenses
Operating income (loss)

NONOPERATING REVENUES (EXPENSES)
Investment gains (losses)
Interest and financing expense
Nonoperating revenues (expenses), net

CHANGE IN NET POSITION
Net position at beginning of period
Net position at end of period
See accountants' compilation report.

CCAFund
$ 23,772,422
23,772,422
18,018,644
461,919
291,368
91,138
18,863,069
4,909,353
19,056
(29,160)
(10,104)
4,899,249
71,985,407
$ 76,884,656
3 Plf)NEER

COMMUNITY ENERGY
Participation Rates - July 2023
AUBURN INC 86.00% 85.66% 85.60%
COLFAX INC 88.66% 88.25% 88.58%
LINCOLN INC 83.41% 82.99% 82.90%
LOOMIS INC 89.01% 88.38% 88.28%
PLACERVILLE INC 87.15% 87.64% 87.52%
ROCKLIN INC 90.99% 90.86% 90.92%
UNINC EL DORADO CO 81.25% 81.40% 81.38%
UNINC PLACER CO 85.48% 85.08% 85.14%
Grand Total 84.65% 84.53% 84.54%
4 MAHER

ACCOUNTANCY

ACCOUNTANTS' COMPILATION REPORT
Board of Directors
Pioneer Community Energy
Management is responsible for the accompanying special purpose statement for the budgetary comparison schedule CCA Program of Pioneer Community Energy, a California Joint Powers Authority, for the period ended July 31, 2023, 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 Pioneer Community Energy.

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.

Pioneer Community Energy's annual audited financial statements 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 Pioneer Community Energy'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 Pioneer Community Energy because we performed certain accounting services that impaired our independence.

H~A~
San Rafael, CA
September 20, 2023
1101 Fifth Avenue , Suite 200 San Rafael , CA 94901 415 459 1249 mahercpa.c om 5

PIONEER COMMUNITY ENERGY

CCAFUND

BUDGETARY COMPARISON SCHEDULE
One Month Ended July 31, 2023
2023/24 2023/24
2023/24 YTD 2023/24 YTD YTD 2023/24 Amended
Amended 2023/24 YTD Variance Actual/ Amended Budget
Budget Actual (Under) Over Budget% Budget Remaining

ENERGY REVENUES
Energy Sales $ 27,048,359 $ 24,095,440 $ (2,952,919) 89% $ 225,938,000 $ 201,842,560 Green JOO Sales 3,258 2,304 (954) 71% 30,000 27,696
Congestion Revenue Rights 542,966 604,942 61,976 111% 5,000,000 4,395,058 Less Uncollectible Accounts (365,197) (325,320) 39,877 89% (3,050,568) (2,725,248) Total Operating Revenues 27,229,386 24,377,366 (2,852,020) 227,917,432 203,540,066

ENERGY EXPENSES
Power Supply 19,591,000 18,623,587 (967,413) 95% 183,919,000 165,295,413 OPERATING MARGIN 7,638,386 5,753,780 (1,884,606) 43,998,432 38,244,653

OPERATING EXPENSES
Administration
Compensation 72,542 63,732 (8,810) 88% 870,507 806,775
Contract services 47,810 3,757 (44,054) 8% 381,325 377,568 Operating expenses 144,052 66,340 (77,712) 46% 791,126 724,786 Total Administration expenses 264,405 133,828 (130,576) 51% 2,042,958 1,909,130 Finance
Compensation 69,156 67,808 (1,348) 98% 829,866 762,058
Contract services 41,968 18,241 (23,727) 43% 591,618 573,377 Operating expenses 29,259 12,608 (16,651) 43% 256,103 243,495 Total Finance expenses 140,382 98,656 (41,726) 70% 1,677,587 1,578,931 Power Procurement
Compensation 74,936 51,520 (23,416) 69% 899,237 847,717 Contract services 191,151 103,461 (87,689) 54% 1,880,341 1,776,880 Operating expenses 3,583 1,217 (2,366) 34% 43,000 41,783 Total Power Procurement expenses 269,670 156,199 (113,471) 58% 2,822,578 2,666,379 Customer Care
Compensation 60,465 37,905 (22,560) 63% 725,576 687,671 Contract services 243,448 218,607 (24,840) 90% 2,921,370 2,702,763 Operating expenses 1,521 (1,521) 0% 18,250 18,250
Total Customer Care expenses 305,433 256,512 (48,921) 84% 3,665,196 3,408,684 Marketing
Compensation 16,160 2,276 (13,884) 14% 193,922 191,646
Contract services 31,708 81,829 50,120 258% 380,500 298,671 Operating expenses 85,288 29,902 (55,386) 35% 1,087,460 1,057,558 Total Marketing expenses 133,157 114,008 (19,149) 86% 1,661,882 1,547,874 Legislative & Regulatory
Compensation 48,144 46,111 (2,033) 96% 577,732 531,621
Contract services 31,469 19,723 (11,746) 63% 317,275 297,552 Operating expenses 525 (525) 0% 6,300 6,300
Total Legislative expenses 80,138 65,834 (14,304) 82% 901,307 835,473 Programs
Compensation 13,357 20,901 7,544 156% 160,283 139,382
Contract services 9,333 (9,333) 0% 112,000 112,000
Operating expenses 143,976 (143,976) 0% 1,727,717 1,727,717 Total Programs expenses 166,667 20,901 (145,766) 13% 2,000,000 1,979,099 Total Operating Expenses 1,359,852 845,938 (513,914) 62% 14,771,508 13,925,570

NON-OPERA TING REVENUES (EXPENSES)
Investment gains (losses) 19,055 19,055 750,000 730,945 Term Loan Debt Service (79,167) (77,490) 1,676 98% (950,000) (872,510) Additional Term Loan Principal (2,100,000) (2,100,000)
Line/Letter of Credit Fees (87,500) 87,500 0% (350,000) (350,000) Financial Security Requirement (360,000) (360,000)
Nonoperating revenues (expenses), net (166,667) (58,435) 108,232 (3,010,000) (2,951,565) Total Expenses (Energy, Operating, Non-Operating) 21,117,519 19,527,960 (1,589,559) 201,700,508 182,172,548 Contribution to/(from) Reserves $ 6,111,867 $ 4,849,407 $ (1,262,461) $ 26,216,924 $ 21,367,517 Plf)NEER

COMMUNITY ENERGY
Staff Report - Item le
To: The Governing Board
From: Brad Koehn, Director of Finance and Administration Item le: Adopt the Resolution Approving the Salary Range and Job Description for the Manager, Quantitative Analysis and Modeling position.

Date: 9/28/2023

RECOMMENDATION
Staff recommends the Board Adopt the Resolution Approving the Salary Range and Job Description for the Manager, Quantitative Analysis and Modeling position.

BACKGROUND
The Fiscal Year 2023-24 Budget approved eighteen full time positions including a vacant Senior Manager, Quantitative Analysis and Modeling position. Recruitment efforts have been underway for the Senior position, but staff is recommending that a recruitment effort that is broadened to include both a Senior Manager and Manager, Quantitative Analysis and Modeling positions may be a more successful strategy to attract qualified candidates. The staff's recommendation is to approve a job description for the Manager position, recruit for both positions, but only fill one of the positions depending on candidate qualifications.

ANALYSIS & DISCUSSION
The Manager, Quantitative Analysis and Modeling position, like the Senior Manager position would focus on the needed analysis and modeling, portfolio risk management and integrated resource planning functions. Since the Manager position qualifications and experience are less extensive compared to the Senior Manager position, the expectation is that recruitment efforts would result in increased candidate interest. The added benefit of creating a Manager position is it also creates a potential career path opportunity from Manager to the Senior Manager, Quantitative Analysis and Modeling position.

Career paths within a career cluster typically are benchmarked to one position with the other positions benchmarked above or below the benchmark. A typical range for a manager position is 10% to 15% below the senior position. In this case the Senior Manager position would be 10% above the Manager position. This would set the salary range for the Manager, Quantitative, Analysis and Modeling position to range to be $115,934 to $173,322. The recommendation does not increase the number of approved positions but rather provides flexibility to fill this need.

FISCAL IMPACT
The Proposed FY 2023-24 Budget provided appropriations sufficient to fund the Senior Manager, Quantitative Analysis and Modeling position. If the recruitment efforts result in filling the Manager position instead, 10% savings of approximately of approximately $17,000 could be realized.

ATTACHMENTS
Resolution Approving the Salary Range and Job Description for the Manager, Quantitative Analysis and Modeling position.

Page 1 of 1 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: Adopt the Resolution Approving
the Salary Range and Job Description for the
Manager, Quantitative Analysis and Modeling
position.

Resolution No.: -----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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 Board has approved the Fiscal Year 2023-24 Budget; and WHEREAS, the 2021-2024 Strategic Plan informed the Budget development; and WHEREAS, the Budget programmed eighteen staffing positions for Fiscal Year 2023-24; and WHEREAS, it is beneficial to establish career paths in career clusters; and WHEREAS, based on job candidate's qualifications and experience, flexibility is beneficial to Pioneer when placing a new hire in a position; and
WHEREAS, a new Job Description is necessary for the Manager, Quantitative Analysis and Modeling; and
WHEREAS, a salary range is needed for the Manager, Quantitative Analysis and Modeling position and best practice is to benchmark the salary range 10% to 15% so that there is a differential between a Manager and the Senior position; and WHEREAS, the authorized maximum positions of 18 approved with the Fiscal Year 2023-24 Budget is not changed with the approval of this new job description.

Resolution No.

September 28, 2023
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. Approve Job Description for Manager, Quantitative Analysis and Modeling and authorize the Executive Director to modify job descriptions as needed. (Attachment A)

3. Approve the Salary Matrix (Attachment B) adding salary range for the Manager, Quantitative Analysis and Modeling position.

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

Attachments:

A: Job Description for Manager, Quantitative Analysis and Modeling B: Salary Matrix
2 Attachment A
Pioneer Community Energy
Job Description
Employee's Name:

Job Title: Manager, Quantitative Analysis and Modeling
Department:

Reports To: Chief Operating Officer
FLSA Status: Exempt
Prepared By: HRtoGO
Prepared Date: 9/2023

PICJNEEA
COMMUNnY INIRCJY
Summary: To organize, assign, review and participate in the work of personnel engaged in professional duties related to analysis and modeling, structured product development, portfolio risk management, and integrated resource planning; to manage analytical staff where necessary; and to provide administrative support to the Chief Operating Officer (COO).

Essential Duties and Responsibilities: include the following. Other duties may be assigned. • Plan, prioritize, review and participate in the performance of professional analysis and modeling of risk and value around complex transactions and portfolio positions, including structured products, rate analysis and development, and hedging strategies. • Develop methods and schedules to accomplish assignments, ensuring work is completed in a timely and accurate manner.
• Develop pricing and calibration models for a variety of products. • Solve challenging quantitative problems related to setting rates and valuations for structured products.
• Develop Monte-Carlo simulations on a large scale across several variables with relevant coefficients.
• Perform fast and accurate market risk measurements.
• Conduct complex market and portfolio modeling and analysis of Pioneer's power supply position to effectively monitor exposure to adverse market changes. • Coordinate and participate in Pioneer's integrated resource planning process including providing analysis and input related to production cost modeling from the CPUC, CAISO, IOUs, and CalCCA.
• Create and implement measures to benchmark system implementations, enhancements, or modifications by providing documented system specifications, evaluating vendor proposals, and recommending appropriate course of action.
• Develop portfolio dashboard showing key metrics and risk positions. • Use a variety of computer software programs to prepare reports, graphs and other materials related to energy resources, finance models and customer statistics.

Plf,NEER
CO MUNITY INli GIY
• Maintain liaison with regional resource planning or supply agencies; serve on Pioneer committees as required; evaluate proposals in terms of resource costs, availability and consistency with long-term financial projections and resource needs. • Build and maintain positive working relationships with co-workers, Board of Directors, other Pioneer employees and the public using principles of good customer service. • Perform related duties as assigned.

Supervisory Responsibilities: May provide technical and functional supervision to assigned staff. Carries out supervisory responsibilities in accordance with the organization's policies and applicable laws. Responsibilities may include interviewing, hiring, and training employees; planning, assigning, and directing work; appraising performance; rewarding and disciplining employees; addressing complaints and resolving problems.

Measures of Performance: The Manager, Quantitative Analysis and Modeling shall be considered to be performing in an acceptable manner when the following have been accomplished:

1. Analytical Thinking - Synthesizes complex or diverse information; Collects and researches data; Uses intuition and experience to complement data; Makes a systematic comparison of two or more alternatives; Notices discrepancies and inconsistencies in available information; Approaches a complex task or problem by breaking it down into its component parts and considering each part in detail; Weighs the cost, benefits, risks, and chances for success in making a decision; Designs work flows and procedures.

2. Problem Solving - Identifies and resolves problems in a timely manner; Gathers and analyzes information skillfully; Develops alternative solutions; Works well in group problem solving situations; Uses reason even when dealing with emotional topics.

3. Interpersonal Skills - Focuses on solving conflict, not blaming; Maintains confidentiality; Listens to others without interrupting; Keeps emotions under control; Remains open to others' ideas and tries new things.

4. Oral Communication - Speaks clearly and persuasively in positive or negative situations; Listens and gets clarification; Tailors the content of speech to the level and experience of the audience; Uses appropriate grammar and choice of words in oral speech; Organizes ideas clearly in oral speech; Responds well to questions; Demonstrates group presentation skills; Participates in meetings.

5. Written Communication - Writes clearly and informatively; Edits work for spelling and grammar; Varies writing style to meet needs; Presents numerical data effectively; Able to read and interpret written information.

6. Teamwork- Balances team and individual responsibilities; Exhibits objectivity and openness to others' views; Gives and welcomes feedback; Contributes to building a positive team spirit; Puts success of team above own interests; Able to build morale and group commitments to goals and objectives; Supports everyone's efforts to succeed; Plf)NEER
COIIMUlllfY lNEIICJY
Listens and responds constructively to other team members' ideas; Offers support for others' ideas and proposals; Is open with other team members about his/her concerns; Expresses disagreement constructively.

7. Professionalism - Approaches others in a tactful manner; Reacts well under pressure; Treats others with respect and consideration regardless of their status or position; Accepts responsibility for own actions; Follows through on commitments.

8. Quality- Demonstrates accuracy and thoroughness; Looks for ways to improve and promote quality; Applies feedback to improve performance; Monitors own work to ensure quality.

9. Attendance/Punctuality- Is consistently at work and on time; Ensures work responsibilities are covered when absent; Arrives at meetings and appointments on time.

10. Dependability- Follows instructions, responds to management direction; Takes responsibility for own actions; Keeps commitments; Commits to long hours of work when necessary to reach goals. Completes tasks on time or notifies appropriate person with an alternate plan.

11. Delegation - Delegates work assignments; Matches the responsibility to the person; Gives authority to work independently; Sets expectations and monitors delegated activities; Provides recognition for results.

12. Managing People - Includes staff in planning, decision-making, facilitating and process improvement; Takes responsibility for subordinates' activities; Makes self available to staff; Provides regular performance feedback; Develops subordinates' skills and encourages growth; Solicits and applies customer feedback (internal and external); Fosters quality focus in others; Improves processes, products and services.; Continually works to improve supervisory skills.

Qualifications: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Education and/or Experience: Bachelor's degree (BA) from four-year college or university in a quantitative discipline such as Engineering, Computer Science, Financial Engineering, or Economics; programming expertise (e.g. C++, Python, R, Matlab). Five to ten (plus) years of experience in a position with similar duties.

Plt~NEER

C MUNITY INE GY
Preferred Qualifications: Doctoral degree (Ph.D.) or equivalent; or more than 5 years' experience and/or training; or equivalent combination of education and experience in a quantitative field such as mathematics, physics, statistics, or engineering.

Language Skills: Ability to read, analyze and interpret the most complex documents. Ability to respond effectively to the most sensitive inquires or complaints. Ability to write speeches or articles using original or innovative techniques or style. Ability to make effective and persuasive speeches and presentations on controversial or complex topics to top management, public groups and/or boards of directors.

Mathematical Skills: Ability to comprehend and apply principles of advanced calculus, modern algebra, and advanced statistical theory.

Reasoning Ability: Ability to apply principles of logical or scientific thinking to a wide range of intellectual and practical problems. Ability to deal with nonverbal symbolism (formulas, scientific equations, graphs, musical notes, etc.,) in its most difficult phases. Ability to deal with a variety of abstract and concrete variables.

Computer Skills: To perform this job successfully, an individual should have knowledge of Internet software and the Microsoft Office Suite of products. Use a variety of computer software programs to prepare reports, graphs and other materials related to energy resources, finance models, and customer statistics. Programming expertise (e.g. C++, Python, R, Matlab) Proficiency in Linux, Bash, JSON and SOL preferred.

Certificates, Licenses, Registrations: A current CA driver's license and proof of auto insurance are required.

Other Skills and Abilities:
• Perform complex professional analytical work in support of a variety of Pioneer's product structuring and resource planning activities.
• On a continuous basis, know and understand all aspects of the job; intermittently analyze work papers, reports and special projects; identify and interpret technical and numerical information; observe and problem solve operational and technical policy and procedures. • On a continuous basis, sit at desk for long periods of time; intermittently twist to reach equipment surrounding desk; perform simple grasping and fine manipulation; use telephone, and write or use a keyboard to communicate through written means; and lift or carry weight of 10 pounds or less.
• Independently perform complex professional analytical work in support of a variety of Pioneer's rate setting and resource planning activities. • Multi-task and manage multiple stakeholders.
• Work independently and in a team environment.
• Demonstrate a high degree of attention to detail.
• Apply analytical and research methods to a variety of electric utility program areas including planning, forecasting, load research, utility demand, and demand-side management.

Plf)NEER
COMMUNlfY ENERGY
• Apply analytical and research methods to a variety of electric utility program areas including planning, forecasting, load research, utility demand, and demand-side management.
• Establish and maintain effective working relationships with those contacted in the course of work.

Other Qualifications: Knowledge of and Expertise in:
• California energy industry and electric power markets including CAISO, CPUC, CEC and CARB.
• Energy/financial markets and quantitative investment approaches. • 0ata structures, algorithms, software design and core programming concepts. • Pricing and calibration models for a variety of products. • Techniques in the development of long and short-term electric load forecasts. • Advanced computer modeling of power supply system operation and cost analysis. • Electric energy consumption economics and financial analysis. • Sophisticated market research techniques and analysis. • Rate-setting mechanisms and drivers.
• Power purchase agreement structures, general terms and conditions and basic requirements.
• Strong general and technical communication skills, with an ability to effectively articulate complex financial and mathematical concepts .
• Methods for managing complex processes, along with the judgment to balance risk/benefit tradeoffs.
• Principles of problem solving, written, verbal communication, and analytical skills. • Pertinent local, State, and Federal ordinances, rules , and regulations.

Work Environment: The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Pli~NEER
COMMUNlrY
Acknowledgements: I have reviewed and understand the above job description and believe it to be accurate and complete. I also understand that the company retains the right to change this job description at any time. I also understand that this job description is not a contract for work.

I certify that I possess all of the "Essential Requirements" of the job outlined herein, except as noted here (If none, so state): _____________________ _ I certify that I am fully capable (with or without a reasonable accommodation) of performing all of the essential functions documented herein, and I do not have a physical or mental disability that would jeopardize the health and or safety of my co-workers.

D I do not require an accommodation in order to perform the essential functions of this job as indicated in this job description.

D I require an accommodation in order to perform the essential function of this job as indicated on this job description. The accommodation I require is:

I understand, and fully agree, that this job description does not constitute a written or implied contract for employment and that my employment relationship with the company is "at will," for an unspecified duration, and may be terminated at any time by me or the company as specified by Section 2922 of the California Labor Code.

I understand that I am an exempt employee and therefore, may be required to work in excess of 40 hours per week without overtime compensation.

Employee's Signature Date
Supervisor's Signature Date
Attachment B
SALARY SCHEDULE FISCAL YEAR 2023-24
Class/P~:;;tl.:m Title Minimum Maximum
Administrative Assistant $51,642 $77,206
Account Representative I $78,563 $117,453
Account Representative II $86,420 $129,197
Board Clerk/Executive Assistant $75,377 $112,689
Chief Operating Officer $205,581 $307,344
Commercial Coordinator $89,143 $133,267
Community Outreach Manager $120,911 $180,760
Customer Care Coordinator $89,143 $133,267
Customer Care Manager $109,245 $163,321
Director of Finance and Administration $165,126 $246,852 Director of Public Affairs, Marketing and Programs $165,126 $246,852 Executive Director $239,314 $357,773
Financial and Administrative Analyst I $72,483 $108,361 Financial and Administrative Analyst II $79,731 $119,197 Internal Operations Coordinator $102,515 $153,258
Key Accounts Manager $109,245 $163,321
Legislative and Regulatory Analyst I $91,647 $137,014
Legislative and Regulatory Analyst II $100,812 $150,715 Legislative and Regulatory Manager $120,910 $180,760
Management Analyst $91,647 $137,014
Manaqer, Quantitative Analvsis and Modelinq * $115,934 $173,322 Power Resources Manager $115,934 $173,322
Power Resources Analyst I $91,112 $136,212
Power Supply Contract Manager $115,934 $173,322
Program Manager $102,515 $153,258
Program Specialist I $93,194 $139,326
Residential Coordinator $89,143 $133,267
Senior Commercial Coordinator $102,515 $153,258
Senior Financial Analyst $101,300 $151,438
Senior Manager, Quantitative Analysis and Modeling $127,527 $190,654 Senior Residential Coordinator $102,515 $153,258
* New Position
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COMMUNITY ENERGY
Staff Report - Item ld
To: The Governing Board
From: Brad Koehn, Director of Finance and Administration Item ld: Adopt the Resolution Establishing a Special Program Fund (Budget) for Program Purposes.

Date : 9/28/2023

RECOMMENDATION
Staff recommends the Board Adopt the Resolution Establishing a Special Program Fund (Budget) for Program Purposes.

BACKGROUND
The Fiscal Year 2023-24 Budget appropriated $2,000,000 for programs and the Board will be considering as a separate item a contract that will implement Pioneer's very first program.

ANALYSIS & DISCUSSION
Establishing a Special Fund for Programs for budget purposes would allow program funding and activity to be recorded separately and distinctly from Pioneer's energy and operating expenses. This creates a 'wall' between program activity and Pioneer's other activity. This allows the program funding to be preserved if not spent and 'roll over' and be available to be reprogrammed or budgeted in a future fiscal year for programs. The Board continues to have the discretion to 'close' funding for future programs and the Board could direct any remaining funds to be returned and be available for other purposes.

This designation is for internal tracking purposes and does not represent a separate governmental fund for accounting purposes. Monthly supplemental reports as part of the monthly financial statements that are reported to the Board will track program related activity and the available balance. All related activity will continue to be reported in Pioneer's government-wide financial statements as part of its existing CCA proprietary fund.

FISCAL IMPACT
There is no additional fiscal impact by establishing the budget fund for programs, rather it creates a financial tracking record that will provide monthly financial program reports to the Board.

ATTACHMENTS
Attachment A: Resolution Establishing a Special Program Fund (Budget) for Program Purposes.

Page 1 of 1 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: Adopt a Resolution Establishing a
Special Program Fund (Budget) for Program Purposes Resolution No.: ----- The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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 Fiscal Year 2023-24 programmed $2,000,000 for Program purposes; and WHEREAS, a Special Fund for Programs will isolate and dedicate allocated funding for Programs that will 'roll' from one fiscal year to the next; and WHEREAS, the Special Fund will be known as the Program Fund and a transfer of funds to the Program Fund is necessary; and
WHEREAS, future fiscal year budgets will authorize future transfers to the Program Fund based on program considerations and budget capacity; and
WHEREAS, Program administration and staffing are necessary for a successful implementation of Programs and will be funded from the dedicated Program Fund; and WHEREAS, the Board may choose to 'close' funding for future programs and may direct any remaining funds to be undesignated for programs and available for other purposes; and WHEREAS, this designation as a Special Fund is for internal tracking purposes only and does not represent a separate governmental fund for accounting purposes; and WHEREAS, all related activity will be reported in the government wide financial statements as part of its existing CCA proprietary fund; and
Resolution No.

September 28, 2023
WHEREAS, monthly supplemental reports to the Board will track program related activity and available balance.

BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
2 1 . The above recitals are true and correct.

2. The Governing Board hereby directs the Executive Director to create a Program Fund for Fiscal Year 2023-24 programs and related administration and program staffing costs and direct a Fiscal Year 2023-24 transfer of $2,000,000 to the Program Fund.

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

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COMMUNITY ENERGY
Staff Report - Item le
To: The Governing Board
From: Sam Kang, Chief Operating Officer
Item le: Power Source Disclosure and Power Content Label Date: 9/28/2023

RECOMMENDATION
a) Adopt a resolution approving an attestation regarding the veracity of information reflected in Pioneer's 2022 Power Source Disclosure Report for Pioneer Standard ("Base Service") and the associated Power Content Label.
b) Adopt a resolution approving an attestation regarding the veracity of information reflected in Pioneer's 2022 Power Source Disclosure Report for Greenl00 and the associated Power Content Label. c) Approve the attached Pioneer Power Content Label for distribution Per Public Utilities Code Sections 398.4 and 398.5.

BACKGROUND
California's Power Source Disclosure Program (PSD), as administered by the California Energy Commission (CEC), requires that retail energy sellers like Pioneer Community Energy distribute a Power Content Label (PCL) to customers each year - the PCL serves as a "nutritional label" for each retail energy seller's supply portfolio, providing information regarding the composition of such supply and the various generating technologies contributing to the reported resource mix. This process typically occurs during the late Summer/early Fall, following submittal of an annual report(s) to the CEC, which detail energy purchases occurring during the prior calendar year. Pioneer timely submitted its reports addressing 2022 power purchases to the CEC prior to the June 1, 2023 reporting deadline and now must distribute its 2022 PCL to Pioneer customers by the end of the year (no later than December 31, 2023).

ANALYSIS & DISCUSSION
Information presented in the PCL includes the proportionate share of total energy supply attributable to various generating technologies, including both renewable and conventional fuel sources. In the event a retail seller meets a certain percentage of its supply obligation from unspecified resources, the report must identify such purchases as "unspecified sources of power." Certain of Pioneer's power supply contracts do not identify specific generating sources, which is a common contracting convention for certain types of energy transactions. These purchases, as well as electric energy provided by the California Independent System Operator (CAISO) for purposes of grid balancing, have been appropriately identified as "unspecified sources of power" in the PCL.

The CEC requires that the Pioneer Board provide an attestation regarding the accuracy of information included in the 2022 PSD Report for Pioneer Standard, the 2022 PSD Report for Pioneer Green 100, and the related 2022 Power Content Label for Pioneer Standard and GreenlO0. Pioneer's consultant, Pacific Energy Advisors, Inc., completed a detailed review of Pioneer's 2022 energy purchases, prepared and submitted the aforementioned 2022 PSD reports on behalf of Pioneer, and prepared Pioneer's 2022 PCL, which is included as an attachment to this staff report.

Page 1 of 2 ends

Agenda Item: 1e Agenda Date: 9/28/2023
As required by regulation, Pioneer must distribute the PCL to all customers enrolled with Pioneer. Attached for the Pioneer Board's consideration is a draft of the 2022 PCL postcard to be distributed to Pioneer's customers prior to December 31, 2023.

The PCL shows that Pioneer's renewable energy purchases within the Base Service portfolio (accounting for nearly 48% of Base Service supply) are more than 12% higher1 than the CA Power Mix and are expected to support Pioneer's compliance with applicable renewable energy purchase mandates related to California's RPS Program. The 3.8% (rounded to 4% in the PCL) of retail sales covered by retired unbundled Renewable Energy Credits (RECs) relate to renewable energy production from California-sited biomass resources and Colorado-sited wind resources.

After the Board approves the PCL, Pioneer staff will submit the following items to the CEC: 1) this staff report and the attached resolutions; 2) meeting minutes for today's Board meeting (when approved); and 3) Pioneer's 2022 Power Content Label (in both Excel and PDF file formats, as required by the California Energy Commission).

FISCAL IMPACT
Staff estimates the printing and distribution of Pioneer's 2022 PCL, per CEC requirement, will cost less than $20,000, which is included in Pioneer's operating budget.

ATTACHMENTS
A. Resolution of the Pioneer Community Energy Board approving the attestation of veracity for the 2022 Power Source Disclosure Report for Pioneer Standard for Base Service B. Resolution of the Pioneer Community Energy Board approving the attestation of veracity for the 2022 Power Source Disclosure Report for Greenl00
C. 2022 Power Source Disclosure Reports with Attestation Forms for Base Service D. 2022 Power Source Disclosure Reports with Attestation Forms for Green 100 E. 2022 Power Content Label
1 Percentage difference includes 3.8% unbundled renewable energy certificates ("Bucket 3 RECs"), as reflected in Pioneer's 2022 PSD report for Base Service. Bucket 3 RECs are a renewable energy product that is eligible for use in meeting Pioneer's procurement obligation under California's RPS Program.

Page 2 of 2 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: Approving an attestation
regarding the veracity of information reflected in
Pioneer's 2022 Power Source Disclosure Report
for Green 100 and the associated Power Content
Label
Resolution No.: ------
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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, Public Utility Code 398.4 and 398.5 establish a Power Source Disclosure ("PSD") program that requires retail sellers of electricity to annual submit a power source disclosure report to the California Energy Commission; and
WHEREAS, Pioneer has the authority to aggregate electric load to purchase and supply electricity for customers within its jurisdiction; and
WHEREAS, Pioneer is a retail seller of electricity as defined by the PSD Program and is therefore required to file a PSD report; and
WHEREAS, Pioneer submitted the 2022 Annual Power Source Disclosure Report for Green100 to the Energy Commission in accordance with the timeliness of the regulation, 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. Approve an attestation regarding the veracity of information reflected in Pioneer's 2022 Power Source Disclosure Report for Green100 and the associated Power Content Label, and submission of the report to the California Energy Commission.

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

Before the Governing Board of
Pioneer Community Energy
In the matter of: Approving an attestation
regarding the veracity of information reflected in
Pioneer's 2022 Power Source Disclosure Report
for Green100 and the associated Power Content
Label
Resolution No.: -----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, by the following vote on roll call:

Ayes:

Noes:

Absent:

Signed and approved by me after its passage.

Chair of the Governing Board
Attest:

1. The above recitals are true and correct.

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

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2022
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.

GENERAL INSTRUCTIONS
fii4ili11PR•i?UWMil
Pioneer Community Energy
i•=i91dM1ti#•1;J~i•1Mt•1UiiMI
Base Service

CONTACT INFORMATION
NAME Kirby Dusel
TITLE Consultant
•~1Mi•i~W•1•1diii 1839 Iron Point Road, Suite 120
EiMiiiii#1hl Folsom, CA 95630
... PU•W _.__ ________ .......;...(9_1_6..:..)_9_3_6-_3_3_0_0 _________ ....

EMAIL [email protected]
l ~-+WJ.=~-~-l-.__ _______________________ _.
:~!!~~ https://pioneercommunityenergy.org/
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.

NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2022
Pioneer Community Energy
Base Service
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed . All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers. enter "Unspecified Power", "BPA", or "Tacoma Powe( as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RE Cs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

Buena Vista Energy Windfarm - Buena Vista Ener Wind CA W165 60124A 56446 9,239 Cabazon Wind Partners - Cabazon Wind Partners Wind CA W834 60736A 560 11 4,944 Camanche - Camanche 1,2,&3 Eligible Hydro CA W243 60535A 537 274 Cameron Ridge, LLC (I ll) - Cameron Ridge LLC (I Wind CA W407 60392A 10586 6,316 Coram Energy LLC (4.SMW) - Coram Energy LLC Wind CA W4886 63222A 54299 212 Coram Tehachapi, LP. - Coram Tehachapi, L.P. Wind CA W4897 63223A 54750 376 Desert Winds II Pwr Purch Trst - Desert Winds II f Wind CA W522 60422A P330 4,794 El Dorado Powerhouse - EIDorado 7 unit1 Eligible Hydro CA W905 60601A 238 18,105 El Dorado Powerhouse - EIDorado 7 unit2 Eligible Hydro CA W906 60601A 238 17,075 Geysers Power Plant - Calistoga Power Plant Geothermal CA W486 601 17A 50066 5,952 Geysers Power Plant - Calpine Geothermal Unit 1 Geothermal CA W120 60004A 286 11,904 Geysers Power Plant - Calpine Geothermal Unit 1 Geothermal CA W121 60005A 286 5,944 Geysers Power Plant - Calpine Geothermal Unit 1 Geothermal CA W126 60009A 286 5,952 Geysers Power Plant - Calpine Geothermal Unit 1 Geothermal CA W122 60026A 286 5,768 Geysers Power Plant - Calpine Geothermal Unit 1 Geothermal CA W125 60008A 286 5,952 Geysers Power Plant - Calpine Geothermal Unit 2 Geothermal CA W126 60009A 286 17,472 Geysers Power Plant - Calpine Geothermal Unit 7 Geothermal CA W11 8 60003A 286 5,760 Geysers Power Plant - Sonoma/Calpine Geyser Geothermal CA W127 60010A 510 5,376 Mesquite Solar 3, LLC - Mesquite Solar 3 (1) Solar AZ W4959 62897A 60308 47,480 Mountain View Power Partners IV - Mountain Vie, Wind CA W2519 60487A 57459 8,000 Narrows No. 1 Powerhouse - Narrows No. 1 Pow Eligible Hydro CA W363 60052A 262 7,861 Northwind - Wind Stream Operations, LLC - North Wind CA W505 60420A P327 6,140 Oak Creek Wind Power, LLC - Oak Creek Wind P Wind CA W509 60429A 50754 2,231 Pardee - Pardee 1 Eligible Hydro CA W233 60536A 376 42
Pardee - Pardee 2 Eligible Hydro CA W241 60536A 376 48
Regulus Solar, LLC - Regulus Solar, LLC Solar CA W4387 61428A 57650 9,000 Ridgetop Energy, LLC - Ridgetop Energy, LLC (I) Wind CA W406 60375A 10597 4,682 Ridgetop Energy, LLC (II) - Ridgetop Energy, LLC Wind CA W408 60407A 10597 3,030 San Gorgonio East - San Gorgonio East Wind CA W4764 63228A PB 1,002 Sanborn Solar 1A - Sub Project S3 - Edwards Sa, Solar CA W12675 64740A 64877 87,359 Tecolote Wind - Tecolote Wind LLC Wind NM W12059 64729A 64066 220,000 Terra-Gen Mojave Wind Farms, LLC - Morwind - Wind CA W498 60380A P161 2,951 Townsite Project - Townsite Project Solar NV W12063 64813A 60654 22,000 Victory Garden# 4 (Tehachapi) - Wind Stream Op Wind CA W502 60384A 50532 8,874 9,239
4,944
274
6,316
212
376
4,794
18,105
17,075
5,952
11,904
5,944
5,952
5,768
5,952
17,472
5,760
5,376
47,480
8,000
7,861
6,140
2,231
42 48
9,000
4,682
3,030
1,002
87,359
220,000
2,951
22,000
8,874
Version: April 2023
1,633,901
1,192,689
441,212
1,192,689
253,978
4,944
274
6,316
212
376
4,794
18,105
17,075
5,952 0.0366 218
11 ,904 0.0366 436
5,944 0.0366 218
5,952 0.0366 218
5,768 0.0366 211
5,952 0.0366 218
17,472 0.0366 640
5,760 0.0366 211
5,376 0.0366 197
47,480
8,000
7,861
6,140
2,231
42 48
9,000
4,682
3,030
1,002
87,359
220,000
2,951
22,000
8,874
#N/A
Version: April 2023
Elkhorn Valley Wind Farm - Elkhorn Valley Wind I Wind OR W186 61034A 56623 Unspecified 200 200 200 0.4280 86 No Grand View 2 West - Grand View 2 West Solar ID W5070 61595A 60068 Unspecified 5,628 5,628 5,628 0.4280 2,409 No Grand View 5 East - Grand View 5 East Solar ID W5069 61595A P207 Unspecified 2,957 2,957 2,957 0.4280 1,266 No 10 Solar 1 - ID Solar 1, LLC Solar ID W5076 63560A 60445 Unspecified 1,061 1,061 1,061 0.4280 454 No Kittitas Valley Wind Farm - Sagebrush Power Par Wind WA W1876 60939A 56858 Unspecified 15,087 15,087 15,087 0.4280 6,457 No Neal Hot Springs Unit #1 - Neal Hot Springs Geot Geothermal OR W3155 62427A 58022 Unspecified 19,609 19,609 19,609 0.4280 8,393 No Orchard Ranch Solar, LLC - Orchard Ranch Sola Solar ID W5373 63448A 60010 Unspecified 3,123 3,123 3,123 0.4280 1,337 No Raft River Energy I - Raft River Energy I Geothermal ID W228 64433A 56317 Unspecified 9,396 9,396 9,396 0.4280 4,021 No Rockland Wind Farm - Rockland Wind Farm Wind ID W2445 61107A 57766 Unspecified 3,136 3,136 3,136 0.4280 1,342 No Simcoe Solar, LLC - Simcoe Solar, LLC Solar ID W5372 63447A 60748 Unspecified 3,289 3,289 3,289 0.4280 1,408 No White Creek Wind 1 - White Creek Wind WA W360 60721A 56487 Unspecifi~~ _ 67,516 67,516 67,516 0.4280 28,897 No I Balch #2 PH Large hydro CA 218 5,882 5,882
I Belden Large hydro CA 219 4,850 4,850
Bucks Creek Large hydro CA 220 1,689 1,689
Butt Valley Large hydro CA 221 2,080 2,080
Caribou 1 Large hydro CA 222 1,579 1,579
Caribou 2 Large hydro CA 223 7,722 7,722
Cresta Large hydro CA 231 3,943 3,943
Drum#1 Large hydro CA 235 1,052 1,052
Drum #2 Large hydro CA 236 6,638 6,638
Electra Large hydro CA 239 8,307 8,307
Haas Large hydro CA 240 4,503 4,503
James B Black Large hydro CA 249 8,218 8,218
Kerckhoff #2 PH Large hydro CA 682 7,816 7,816
Kings River Large hydro CA 254 1,978 1,978
Pit 1 Large hydro CA 265 2,809 2,809
Pit 3 Large hydro CA 266 2,951 2,951
Pit4 Large hydro CA 267 6,854 6,854
Pit 5 Large hydro CA 268 11,766 11,766
Pit6 Large hydro CA 269 5,250 5,250
Pit7 Large hydro CA 270 5,513 5,513
Poe Large hydro CA 272 8,392 8,392
Rock Creek Large hydro CA 275 6,327 2,423 3,904 3,904
Salt Springs Large hydro CA 279 3,362 3,362 3,362
Stanislaus Large hydro CA 285 5,473 5,473 5,473
Tiger Creek Large hydro CA 287 5,895 5,895 5,895
NID-Chicago Park Large hydro CA 412 2,604 2,604 2,604
Diablo Canyon Power Plant Unit 1 Nuclear CA 6099 227 ,666 227,666 227,666 Diablo Canyon Power Plant Unit 2 Nuclear CA 6099 223,547 223,547 223,547 2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2022
Pioneer Community Energy
Base Service
Version: April 2023
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.

Total Retired Unbundled RECs

RETIRED UNBUNDLED RECS
State or
Facility Name Fuel Type Province RPSID
Sierra Pacific Sonora - SPI Sonora Onsite Load Biomass CA 60576A Niyol Wind LLC - Niyol Wind Wind co 65039A
Sierra Pacific Burney Facility - SPI Burney Onsite L Biomass CA 60087A Sierra Pacific Ind. (Lincoln) - SPI Lincoln Onsite Lo Biomass CA 60088A Sierra Pacific Ind. (Quincy) - SPI Quincy Onsite Lo Biomass CA 60089A Sierra Pacific Sonora - SPI Sonora Onsite Load Biomass CA 60576A SPI Anderson 2 Onsite Load - SPI Anderson 2 On Biomass CA 61146A 62,904
Total Retired (in MWh)
2282
11000
8059
15721
14963
7279
3600
Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022
Pioneer Community Energy
Base Service
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

Renewable P.rocurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
Wind
Coal
Large Hydroelectric
Natural gas
Nuclear
Other
Unspecified Power
Total
Adjusted Net
Procured (MWh)
720,239
9,913
99,085
43,405
187,181
380,655
21,237
451,213
441,212
1,633,901
Percent of Total
Retail Sales

44.1%

0.6%

6.1%

2.7%
11 .5%

23.3%

0.0%

1.3%

0.0%

27.6%

0.0%

27.0%
100.0%
Total Retail Sales (MWh) -
GHG Emissions Intensity (converted to lbs CO2e/MWh) ~
Percentage of Retail Sales Covered by Retired Unbundled - RECs
Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2022
Pioneer Community Energy
Base Service
r
I, D~n Eckert, Executive Director declare under penalty of perjury,-th~t the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of Pioneer Community Energy, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.

Name: Don Eckert
Representing (Retail Supplier): Pioneer Community Energy Signature: d2,~ 4:£
Dated: 5/25/2023
Executed at: Rocklin, CA
Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2022
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.

GENERAL INSTRUCTIONS
~=ii41111)RR•i?;lff4M Pioneer Community Energy
i•Gidt9ii14•1;i•i•1•t•1~MM
Greenl00

CONTACT INFORMATION
NAME Kirby Dusel
TITLE Consultant
•MMIMl~@4•M;J:f-i-1 1839 Iron Point Road, Suite 120
Eit4ii+ii#1hM Folsom, CA 95630
... R=t•W ____________ .....;..(9_1_6..;..) _9_3_6-_3_3_o_o _________ _.

EMAIL kirby@pacificea .com
11eN1 ________ h_t_tp_s_:L_L_P_io_n_e_e_rc_o_m_m_ u_n_it_ve_n_e_r_g_v._o_rg_L _____ _.

Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.

If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 639-0573.
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31 , 2022
Pioneer Community Energy
Green100
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.

Insert additional rows as needed. All fields in \.\'hite should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "SPA", or ''Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule , provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.

R<'IJ! S il<'~ , M,',h
r, ,.1 •,1 ,., 1 ,.,1 P,oc, .-. ,.r1 , ,._,_.,,,
l lri, , '"f t.- J t :,; ,., t.' :, h
1 r x, '"" ~nt ' J b,• 1j1u,t,•1
r,("! -->\C"{ ' I'd ri I' 11 (J l '-
',l't .,,,.., ', J Co,ll f, (,111 .-, f<J,,1 f,,,.1,
r .... .,,,., 1,,,ri,,._1,. ,, l l 9" ,1, l• J R("n .. l! • '- Jr\J .-. l- .. , (, H , l"' ,,,_,,., .-,c ,,.j,,, J' ,l "'Jf l ! • , ,, j f" • ~, ,n, JH(, r ~' , , ,,,.,,_ ,, " r,•· >,. 1,1/,r,
Version: April 2023
1,1-1-7
1,848
1,848
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2022
Pioneer Community Energy
Green100
Version: April 2023
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio.

Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.

Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2022
Pioneer Community Energy
Green100
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.

Renewable P.rocurements
Biomass & Biowaste
Geothermal
Eligible Hydroelectric
Solar
Wind
Coal
Large Hydroelectric
Natural gas
Nuclear
Other
Unspecified Power
Total
Adjusted Net
Procured (MWh)
1,847
400
524
924
1,847
Percent of Total
Retail Sales
100.0%

0.0%

0.0%
21 .6%

28.4%

50.0%

0.0%

0.0%
100.0%
Total Retail Sales (MWh) ~
GHG Emissions Intensity (converted to lbs CO2e/MWh) -
Percentage of Retail Sales Covered by Retired -
Unbundled RECs
Version: April 2023
2022 POWER SOURCE DISCLOSURE ANNUAL REPORT

ATTESTATION FORM
For the Year Ending December 31, 2022
Pioneer Community Energy
Green100
I, Don Eckert, Executive Director declare under penalty of perjury, that the statements 7 contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of Pioneer Community Energy, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.

Name: Don Eckert
Representing (Retail Supplier): Pioneer Community Energy Signature: d2~ ~£
Dated: 5/25/2023
Executed at: Rocklin, CA
2022 Pioneer 2022 Pioneer 2022 CA Utility Eligible Renewable1 44.1% 100.0% 35.8% Community Energy Community Energy Base Service Green100 Average Biomass & Biowaste 0.6% 0.0% 2.1% 343 0 422 Geothermal 6.1% 0.0% 4.7%
1000 ■ 2022 Pioneer Eligible Hydroelectric i!..7% i!.•I.6% ·1.-1% Community Energy Solar 11.5% 28.4% 17.0%
800 Wind 23.3% 50.0% Base Service 10.8%
■ 2022 Pioneer Coal 0.0% 0.0% 2.1%
600 Large Hydroelectric 1.3% Community Energy 0.0% 9.2% 400 Natural Gas 0.0% 0.0% 36.4% Greenl00
■ 2022 CA Uti lity Nuclear 27.6% 0.0% 9.2%
200 Other 0.0% 0.0% 0.1% Average Unspecified Power2 27.0% 0.0% 7.1% 0 TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs 3: 4% 0% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2 Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source. 3
Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this electricity
portfolio, contact:

For general information about the Power Content
Label, visit:

Pioneer Community Energy
1 (844) 937-7 466
https://www.energy.ca.gov/programs-and-topics/programs/power-source-disclosure-program Plf)NEER

COMMUNITY ENERGY
Staff Report - Item 2
To: The Governing Board
From: Donald Eckert, Executive Director
Item 2: Impact Assessment Study Results for the Expansion into Unincorporated Nevada County
Date: 9/21/2023

RECOMMENDATION
Receive the results of the Impact Assessment Study (''!AS") related to the expansion of Pioneer Community Energy ("Pioneer") service territory into Unincorporated Nevada County ("County").

BACKGROUND
The Nevada County Board of Supervisors was first introduced to the Community Choice Aggregation ("CCA") model and Pioneer in January 2022 through a presentation by staff. Subsequently the County authorized funding for their share of an !AS. The !AS results were favorable for expansion but due to a variety of reasons, the expansion process was halted.

In Spring 2023, talks resumed of expansion between Pioneer and the County and authorization was given for a new !AS to reflect changes in the power supply markets.

ANALYSIS & DISCUSSION
When considering expansion, it is important for Pioneer to evaluate the likely impact of organizational growth on existing members of Pioneer and our ratepayers. While it is very difficult to predict with certainty, future operating results in a historically volatile industry, best available information regarding energy products pricing, customer energy usage, administrative costs and other key considerations are compiled. The purpose of an !AS is to determine projected financial outcomes related to expansion .

The results of the !AS are a key decision point in the expansion process. Staff commissioned Pacific Energy Advisors ("PEA") to conduct the study. PEA prepared the !AS last year when considering the County and has prepared numerous similar assessments for other CCAs including Pioneer's expansion into El Dorado County and the City of Placerville. PEA is highly experienced, and industry respected in the preparation of such studies.

Key Highlight of the Study
Projected financial impacts to Pioneer from expansion into the County would yield negative operating margins.

The primary drivers are the recent volatility in the renewable energy and resource adequacy markets as illustrated by the following graphs comparing last year to this year:

Page 1 of 2 ends

Agenda Item: 2
$80
$70
$60
$50
$40
$30
$20
$10
$-
Agenda Date: 9/21/2023
Resource Adequacy Prices ($/kW-mo)
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
- Aug 2022 - Aug 2023
Renewable Energy Prices ($/MWh)
$60
$50
$40
$30
$20
$10
$-
Aug 2022 Aug 2023
There are a multitude of reasons for the steep rise in prices including residual impact of the pandemic and the subsequent supply chain issues delaying renewable projects service dates, regulatory impact to the market and the conflicting goals of retiring fossil fueled assets to support a green grid and reliability. This results in a power supply market with demand overshadowing supply.

STRATEGIC PLAN
The recommendation supports the following strategic plan priorities:

1. Quality of Service

2. Financial Stability & Strategic Growth

FISCAL IMPACT
Pioneer's share (50%) of commissioning the IAS is capped at $15,000 with Nevada County reimbursing Pioneer for the remaining 50%. The actual cost of the study will be available when the process concludes.

ATTACHMENTS
There are no attachments to this report.

Page 2 of 2 ends

Plf)NEER

COMMUNITY ENERGY
Staff Report - Item 3
To: The Governing Board
From: Donald Eckert, Executive Director
Item 3: Adopt Resolution Authorizing the Preparation of an Amendment to the Implementation Plan and Statement of Intent and to the Joint Exercise of Powers Agreement Allowing Expansion into Unincorporated Nevada County Date: 9/21/2023

RECOMMENDATION
Adopt Resolution authorizing staff to prepare Addendum No. 3 to Pioneer Community Energy's ("Pioneer") Implementation Plan and Statement of Intent and Amendment No. 6 to the Joint Exercise of Powers Agreement ("JPA") to allow the addition of Unincorporated Nevada County ("County").

EXPANSION COMMITTEE RECOMMENDATION
At the September 13, 2023 , Expansion Committee meeting, the Committee received a presentation from Pacific Energy Advisors on the results of the Impact Assessment Study ("IAS"). Based on the results of the study, the Committee recommended maintaining course of expansion with the condition that service to the County may be delayed until late 2025 to avoid expensive power procurement in the summer of 2025 and a rate-adder may be applied to the potential new ratepayers to cover their cost of service and avoid subsidization.

BACKGROUND
At the February 21, 2021, Governing Board meeting, the Board adopted the Expansion Policy which provides the criteria for consideration of expansion and outlines the process.

The Nevada County Board of Supervisors authorized the funding of their share for an IAS in 2022. Although the results of the study were positive, for various reasons, the process was halted. Talks resumed in 2023 with the County and County staff authorized a second IAS to reflect changes in the power supply market.

At the September 21, 2023, Governing Board meeting, the Board will receive the results of the IAS.

ANAL VSIS & DISCUSSION
The criteria for expansion as defined in Pioneer's policy include:

1. Addition of the new member must improve Pioneer's net margin (existing customers will not subsidize any applicant).

2. Applicant must be aligned with the mission and vision for Pioneer as defined by the strategic plan.

3. Applicant must agree to the "one member-one vote" language in the JPA.

4. Applicant must agree to the New Members Reserve Policy.

The IAS results in a negative operating margin to the JPA as the projected cost of power procurement of the expansion is greater than the revenues generated from projected rates.

Decision Point
Staff recommends two options for the Board to consider:

A. Option 1_ - Stop the expansion process. Revisit expansion to the County in 2024 with a projected service date of 2026.

Page 1 of 2 ends

Agenda Item: 3 Agenda Date: 9/21/2023
B. Option 2 - Maintain course under two conditions:
a. A rate-adder may be applied to the new ratepayers to cover their cost of service. The adder would be in addition to Pioneer's generation rates applied to all ratepayers. This will sunset when the cost to serve the new ratepayers aligns with current ratepayers. b. Defer the service date from January 2025 to October 2025. This would avoid expensive power procurement for the summer months. The California Public Utilities Commission ("CPUC") may grant an extension of six months beyond October 2025 that would provide extended time for power supply market corrections.

Option 2 - Maintain Course would direct staff to continue the expansion process with a target of filing Addendum No. 3 to the Implementation Plan and Statement of Intent with the CPUC by the end of 2023 and Amendment No. 6 to the JPA would be effective upon the CPUC's approval of expansion in Spring of 2024.

Nevada County Direction
The results of the IAS were shared with County staff. There is obvious concern from the County of how the rate-adder will impact rate competitiveness and concern about the state of the power supply markets. As of the writing of this report, the County supports Option 2, but Pioneer staff will confer with the Nevada County Board of Supervisors over the next few weeks. A final go-no-go decision to move forward from the County is expected at their October 24th Board meeting.

STRATEGIC PLAN
The recommendation supports the following strategic plan priorities:

1. Quality of Service

2. Financial Stability & Strategic Growth

FISCAL IMPACT
The IAS concluded a negative operating margin to Pioneer with expansion into the County based on projected rates and power supply markets. The only path forward will be for Pioneer to incorporate a rate-adder to cover the new ratepayer's cost of service and not impact Pioneer's current ratepayers.

ATTACHMENTS

1. Resolution authorizing the preparation of Addendum No. 3 to Pioneer Community Energy's Implementation Plan and Statement of Intent and Amendment No. 6 to Pioneer Community Energy's Joint Exercise of Powers Agreement to allow the expansion of Unincorporated Nevada County.

Page 2 of 2 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: ADOPTING A RESOLUTION

AUTHORIZING THE PREPARATION OF
ADDENDUM NO. 3 TO PIONEER COMMUNITY

ENERGY'S IMPLEMENTATION PLAN AND
STATEMENT OF INTENT AND AMENDMENT NO. 6

TO PIONEER COMMUNITY ENERGY'S JOINT

EXERCISE OF POWERS AGREEMENT TO ALLOW

THE EXPANSION OF UNINCORPORATED NEVADA
COUNTY.

Resolution No.: -----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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, Pioneer Community Energy has the authority to aggregate electric load to purchase and supply electricity for customers within its jurisdiction; and WHEREAS, Unincorporated Nevada County has expressed an interest in joining Pioneer Community Energy; and
WHEREAS, the Governing Board will consider expansion of Pioneer Community Energy's service territory only when it is financially and strategically prudent; and WHEREAS, the preparation of an amendment to the implementation plan and the joint exercise powers agreement is required to consider expansion; and WHEREAS, the preparation of an amendment to the implementation plan and the joint exercise powers agreement does not bind Pioneer Community Energy to expansion of its service territory.

Resolution 2023-xx
September 28, 2023
BE IT RESOLVED, the Governing Board of Pioneer Community Energy, State of California, hereby finds, declares, and resolves as follows:
2 1. The above recitals are true and correct.

2. The Governing Board hereby authorizes the preparation of Addendum No. 3 to Pioneer Community Energy's Implementation Plan and Statement of Intent and Amendment No. 6 to Pioneer Community Energy's Joint Exercise of Powers Agreement to allow the expansion of Unincorporated Nevada County.

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

Plf)NEEA

COMMUNITY ENERGY
Staff Report - Item 4
To: The Governing Board
From: Sam Kang, Chief Operating Officer
Item 4: Adopt a Resolution Approving and Authorizing the Executive Director to Execute an Agreement with NextEra Analytics, Inc. for Battery Optimization Services for an Amount Not to Exceed $300,000 Annually Only if Profitable Date: 9/28/2023

RECOMMENDATION
Adopt a resolution authorizing the Executive Director to sign a three-year contract (automatic 1 year renewal thereafter) for battery optimization services with NextEra Analytics, Inc. (NEA) not to exceed $300,000 per year. Service fees are based on a shared-profit model on a graduated scale starting at zero, but not to exceed $300,000 per year. The three-year term will commence on the date in which the battery resource starts commercial operation in the California Independent System Operator (CAISO) market.

BACKGROUND
The California Public Utilities Commission (CPUC) has issued several decisions (especially Decision 21-06-035 Mid-term Reliability (MTR) and Decision 23-02-040 Updating and Adding to D.21-06-035 MTR) requiring all load-serving entities to procure additional energy capacity to assist in grid reliability and prevention of rolling blackouts. In compliance with the CPUC decisions, Pioneer has executed several solar plus battery storage contracts. Solar energy is used when the sun is out to supply our load and charge the batteries, and the batteries are used when the sun goes down during the super-peak hours (generally hours ending 1800-2200).

The proposed contract only covers the Yellow Pine II solar plus storage power purchase agreement (PPA) .

ANALYSIS & DISCUSSION
In solar plus storage PPAs, the energy from the solar panels is either sent to the grid or used to charge battery storage. In an ideal world, Pioneer would be able to charge the batteries when CAISO prices are lowest and discharge the batteries when the CAISO prices are highest. However, in a world without perfect foresight, we rely on data-driven models to try and predict when the best times are to charge and discharge the batteries.

Pioneer reviewed optimization software from three different vendors and chose NEA for the following reasons:
• NEA has 15+ years of experience in software controls, storage optimization, data science, forecasting and analytics;
• NEA has deployed NextEra 360™ software on over $50B of energy assets; • NEA's client base includes major banks, utilities, Community Choice Aggregators and Universities; • NEA has demonstrated above-average results consistently; and • NEA has agreed to a shared-profit model where NEA would only collect a fee if they were to exceed a certain minimum revenue threshold and a $300,000 cap on overall annual fees.

Using sophisticated algorithms and predictive analytics, NEA's software calculates the optimal times to charge and discharge the batteries in order to maximize their full potential with noticeable success. Ancillary services (e.g., spinning and non-spinning reserves, regulation up and regulation down) are also optimized.

Page 1 of 2 ends

Agenda Item: 4 Agenda Date: 9/28/2023
Since past performance is no guarantee of future results, Pioneer has structured a "shared profit" fee structure where NEA would only collect a fee if they were to exceed a certain minimum profit threshold, with a gradual additive increase as the return increases as shown in the table below:
lyr Revenue Share ($K)
Annual
Market Revenue
$2,500
Minimum Rev1
to $4,000
above $4,000
Fee (% of Annual
Market Revenue
3%
5%
6%
-----
Example: $6,000 blended
Total Annual
Payment
$75
$150
s $300
$270
---
Annual Net Revenue
(revenue less fee)
$2,425
$3,850
TBD
$5,730

1. Once Yellow Pine II achieves $2.SM in total revenue, NEA will receive 3% for the first $2.SM earned.

The total annual fees are capped at $300,000. Backcast analyses for the period 2019 through 2022 using a statistical blend of Day-ahead perfect knowledge, Real-time, and Ancillary Services revenue projections yielded annual estimated revenues ranging from $5.3 - $7 million.

FISCAL IMPACT
There is no impact to budget because any fees will be paid out only when the optimization yields a profit.

ATTACHMENTS

1. Resolution Approving and Authorizing the Executive Director to Execute an Agreement with NextEra Analytics, Inc. for Battery Optimization Services for an Amount Not to Exceed $300,000 Annually Only if Profitable

2. NextEra 360 Subscription Agreement

Page 2 of 2 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: A Resolution Approving and
Authorizing the Executive Director to Execute
an Agreement with NextEra Analytics, Inc. for
Battery Optimization Services for an Amount
Not to Exceed $300,000 Annually Only if
Profitable
Resolution No.: -----
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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, this Resolution approving and authorizing the Executive Director to execute an Agreement with NextEra Analytics, Inc. (NEA) has been brought before the Governing Board; and
WHEREAS, Pioneer Community Energy (Pioneer) is required to buy battery storage pursuant to California Public Utilities Commission (CPUC) Decision 21-06-035 (Mid-term Reliability); and WHEREAS, Pioneer has purchased battery storage accordingly and requires services to optimize the battery storage; and
WHEREAS, Pioneer reviewed battery optimization services from three vendors and NEA was selected based on the following reasons:
• NEA has 15+ years of experience in software controls, storage optimization, data science, forecasting and analytics.
• NEA has deployed NextEra 360™ software on over $50B of energy assets. • NEA's client base includes major banks, utilities, Community Choice Aggregators and Universities.
• NEA has demonstrated above-average results consistently. • NEA has agreed to a shared-profit model where there is a minimum return expected to start collecting fees and a $300,000 cap on overall annual fees; and Resolution 2023-xx
September 28, 2023
WHEREAS, there is no impact to Pioneer's budget because any fees will be paid out only when the optimization yields a profit.

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 approves and authorizes the Executive Director to execute an Agreement with NEA for battery optimization services, in substantially the form attached, for three years (automatic 1 year renewal thereafter) from the date in which the battery resource starts commercial operation in the California Independent System Operator (CAISO) market on a shared profit basis for an amount not-to-exceed $300,000 annually with any minor clerical or clarifying changes proposed by the Executive Director and approved by General Counsel.

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

Attachment: NextEra 360 Subscription Agreement
2 --~~1i~~-
NextEra 360 Subscription Agreement
Cover Sheet
This NextEra 360 Subscription Agreement ("Agreement") includes this cover sheet ("Cover Sheet") and the terms and conditions displayed at
https ://www.nexteraenergyresources.com/ content/ dam/neer/us/ en/pdf/N extEra-3 60-S ubscription-Agreement-S ubscripti on-Agreement-2023. pdf including any exhibit or schedule (collectively "Terms and Conditions") and is between NextEra Analytics, Inc., a Delaware corporation with offices located at 700 Universe Boulevard, Juno Beach, Florida 33408 ("Provider") and the customer identified below ("Customer"). Provider and Customer may be referred to herein collectively as the "Parties" or individually as a "Paiiy." Capitalized terms used but not defined in this Cover Sheet have the meaning given to those terms in the Terms and Conditions.

Customer Information and Select Terms
ioneer Communit
ianan Mauk
NextEra 360 Automatic Trader Optimization Software Services for the Yellow Pine II Solar + BESS resource.

Automatic 1 ear renewal term after contract
NIA
See Appendix C for details of Revenue Share pricing structure. <To be provided upon agreement of terms>
To the extent there is any inconsistency between the terms of this Cover Sheet and the Terms and Conditions, the provisions of this Cover Sheet shall control.

IN WITNESS WHEREOF, the Parties hereto enter into this Agreement as of the Effective Date.

NEXTERA ANALYTICS, INC.

By: ___________ _
Name: _____________ _
Title: _____________ _
3 PIONEER COMMUNITY ENERGY
By:

Name: _____________ _
Title: ---------------
Appendix A. Scope of Work
I. Scope
NextEra Analytics, Inc. ("NextEra Analytics" or "Provider") will use the NextEra 360™ Energy Management System to provide offer schedules for the Pioneer Energy ("Pioneer" or "Customer") energy storage system and solar resource.

The NextEra 360 Energy Management System ("NextEra 360") will automate the offer schedules and dispatch of one site in CAISO which Pioneer is the power purchase agreement off-taker:
(i) Yellow Pine II Solar and BESS ("Battery Energy Storage System") are CAISO co-located resources located in located in Clark County, Nevada.

NextEra 360 will generate offer schedules on behalf of Pioneer and submit to CAISO's market portal via Pioneer's scheduling coordinator, including any integration necessary to the specified scheduling coordinator. A user interface (UI) will be provided to the customer for real-time and day ahead dispatch schedules, real-time monitoring and profit and loss (P&L) calculations.

II. Services
The proposed NextEra 360 Energy Management System will include the following:

1. NextEra 360 requires data from the Yellow Pine II Solar and BESS resources. NextEra Analytics, Pioneer, and the owner and Scheduling Coordinator of the resources will work together to establish the required data communication as further described in Appendix B.

2. Software
The NextEra 360 UI will leverage real-time telemetry from the solar and BESS resources, California Independent System Operator (CAISO) Locational Marginal Price (LMP), weather and LMP forecasts to automatically generate offer curves for Day-Ahead (DA), Real-Time (RT) and Ancillary Service (AS) markets. NextEra 360 UI will also display total profit and loss (P&L) daily.

The NextEra 360 portal will be accessed through credentials given to each designated user.

There will be two different access instances: administrators and read-only users.

NextEra Analytics will work with Pioneer to integrate all relevant data in the software needed to monitor real-time telemetry. NextEra Analytics will also work with the Scheduling Coordinator of each site to provide the offers in a format to allow the Scheduling Coordinator to submit the offer curves to the CAI SO portal on behalf of Pioneer.

3. Service Level Agreement
4 NEA ensures a comprehensive and self-sustaining trading solution that eliminates the need for manual intervention. The NEA team takes care of all aspects, from software and hardware deployment to provisioning, setup, launch, account management, real-time market support, and customer success. Our team handles all tasks independently, only involving the customer when necessary to address any errors or issues that may arise. Our goal is to provide a seamless and hassle-free experience, empowering our customers to focus on their core business, while we handle the technical aspects of their trading strategies with utmost efficiency.

3.1 Scheduled Downtime. Provider will use commercially reasonable efforts to: (a) schedule downtime for routine maintenance of the Service outside of the peak price hours; and (b) give Customer at least 24 hours prior notice of all scheduled outages of the Service ("Scheduled Downtime").

3.2 Service Support. The Service includes Provider's standard customer support services ("Support Services") in accordance with the Provider service support schedule below. Provider may amend the Support Services from time to time in its sole discretion.

3.2.1 Software and hardware are monitored 24/7 for system health. If the Service stops creating offers, loses communication or encounters other mission critical issues, Provider will remedy any and all issues and communicate back to customer by providing 24/7 on-call support, and staff will be notified via automated ticket.

3.2.2 Provider will respond to calls and emails for non-emergency/non-system critical issues during business hours and provide best effort support outside of business hours. Assistance will be provided via phone, WebEx, MS Teams, or another virtual platform as requested.

3.2.3 Provider will provide a phone number and email address to request support. Provider also provides the capability to submit support tickets for less-urgent needs through the NextEra 360 UL
5 Appendix B. Data Requirements for Yellow Pine II Solar and BESS 6 (i) NextEra Analytics will require the below listed data fields in order to operate NE360 properly with the Yell ow Pine II solar and BESS resources as well as additional information including the resource CAISO generator resource data template (GRDT). (ii) NextEra Analytics, Pioneer, and the owner and Scheduling Coordinator of the resources will work to integrate the necessary fields either by transferring this data via real time SCADA, API or communication from the resources utilizing a NextEra Connect hardware device.
(iii)Pioneer will ensure NextEra Analytics will also have access to the real time CAISO Outage information that would include both the information the scheduling coordinator submits to CAISO and the follow-up approvals of outages/derates by CAISO (i.e., ticket status).

Appendix C. Pricing
- CONFIDENTIAL AND PROPRIETARY -
Except as expressly provided herein, all information provided in this Costs section is privileged and confidential.

NextEra 360's Energy Systems Optimization Software is proposed as an annual software service fee, which includes all associated costs such as cloud hosting, implementation, and maintenance.

Additional support, software customizations beyond agreed upon components of the contract, and any additional fees will be dependent on further project scope details.

Pioneer Community Energy will pay NEA for the software service fee based on a revenue sharing model. The annual revenue as noted in Table 1 below will determine the software service fee for each year of the three (3) year contract term. The three-year term will commence on the date in which the battery resource starts commercial operation in the CAISO market.

NEA will not collect payment until a minimum annual threshold of $2,500,000 ($2.5 million) ("Minimum Annual Revenue Threshold") is achieved. Once $2.5 million in revenues are achieved, NEA will invoice and Pioneer Community Energy will pay a percent fee of three percent (3%) of the Minimum Annual Revenue Threshold. Incremental payments as determined by the fee percentage for incremental revenue beyond the Minimum Annual Revenue Threshold are due and NEA will deliver the invoice for payment by Pioneer Energy Community based on revenues at the end of each calendar month. Pioneer Community Energy's annual fee to NEA will be capped at a maximum of $300,000 per year.

This Appendix C may only be disclosed by Pioneer Community Energy in response to a California Public Records Act request, subpoena, court order, or otherwise as required by law.

Pioneer will utilize reasonable efforts to provide at least five (5) business days' prior, written notice to NEA of any intended disclosure.

Table 1. NextEra 360 Software Pricin!!
Pioneer
Fee Total Annual Payment Community
(% of Annual ($) Energy's Net
Annual Revenue ($) Revenue) Revenue($)
(Revenue less fee)
$0 to $2,499,999 0% $0
$2,500,000 3% $75,000 $2,425,000 (Minimum Annual Revenue Threshold) Up to
$2,500,000 to $4,000,000 5% $75 ,001 to $150,000 $3 ,850,000 At or above
above $4,000,000 6% $150,001 to $300,000 $3,850,000
7 Appendix D. Terms and Conditions
Terms and Conditions

1. Definitions.
(a) "Affiliate" means any entity corporation, subsidiary, partnership,joint venture or other entity in which either Party's parent company owns a direct controlling interest, where direct controlling interest means the power to direct or cause the direction of the management, policies, or affairs of the controlled entity, whether through ownership of securities or partnership or other ownership interests by contract or otherwise.
(b) "Aggregated Statistics" means data and insights in deidentified form derived from any Customer Data or Customer's and/or its Authorized Users' use of the Service, including, without limitation, any statistical and performance information related to the provision and operation of the Service. As used in this definition, "deidentified" means that any utilized Customer Data has been made "anonymous" using of technology that irreversibly alters data in such a way that the data subject can no longer be identified directly or indirectly, either by the data controller alone or in collaboration with any other party, and such data is thereby rendered "anonymized data", as generally described in ISO 25237:2017, Sections 3.2 and 3.3. (c) "Authorized User" means Customer's employees and contractors (i) who are authorized by Customer to access and use the Service under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Service has been purchased hereunder. (d) "Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, made accessible to Provider, or otherwise transmitted by or on behalf of Customer or an Authorized User through the Service. 8 ( e) "Documentation" means Provider's user manuals, handbooks, and guides relating to the Service provided by Provider to Customer, including information within the help features of the Service.
(f) "Harmful Code" means any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent Customer or any Authorized User from accessing or using the Service as intended by this Agreement. Harmful Code does not include any provider disabling device, software, hardware, or other technology used by Provider to disable Customer's or any Authorized User's access to or use of the Service. (g) "Provider IP" means the Service, including all underlying software and algorithms, all service and component Add-Ons as described in the Cover Sheet, the Documentation, and any and all intellectual property used by or provided to Customer or any Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Service but does not include Customer Data. (h) "Service" means the NextEra 360 Energy Management Optimization Software and Service ("NextEra 360") owned, developed and provided by Provider and made available to its customers on a software-as-a-service basis. Service may also include the installation of equipment necessary to provide the Service, and any Add-Ons if the Customer so elects on the Cover Sheet. Service functionalities are described in Appendix A. 9 2. Access and Use.
(a) Provision of Access. Subject to and conditioned on Customer's payment of Fees and compliance with all other terms and conditions of this Agreement, Provider hereby grants Customer a non-exclusive, non-transferable (except in compliance with Section 12(g)), non-sublicensable right to (i) access and use the Service during the Term, solely for use by Authorized Users in accordance with the terms and conditions herein; and (ii) use the Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Service. Such use is limited to Customer's internal use. Provider shall provide to Customer the necessary passwords and network links or connections to allow Customer to access the Service. The total number of Authorized Users will not exceed the number set forth in the Cover Sheet, except as expressly agreed to in writing by the Parties and subject to any appropriate adjustment of the Fees payable hereunder. During the Term and subject to Customer's prior, written consent, Customer agrees that Company may access and use Customer's property for the purposes of, and has the sole right of, constructing, installing, operating, inspecting, maintaining, repairing, enlarging, modifying, removing ( at any time), testing and replacing any equipment or Add-Ons necessary to provide the Service. Provider reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is Customer's responsibility to check these Terms and Conditions periodically for changes. Customer's continued use of the Service for not less than thirty (30) days following the posting of changes will mean that Customer accepts and agrees to the changes. At any time during the thirty (30) day period, Customer may terminate this Agreement with prior written notice to Provider. Customer's sole remedy for such election to terminate shall be the termination itself and such termination shall be subject to Sections l lc and 1 ld below.
(b) Use Restrictions. Customer shall not use the Service for any purposes beyond the scope granted in this Agreement. Without limiting the foregoing, Customer shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Service or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or Documentation to any other person or entity, including on or in connection with the internet or any time-sharing, service bureau, software-as-a-service, cloud or other technology or service; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service, in whole or in part; (iv) remove any trademarks, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary notices from the Service or Documentation, including any copy thereof; (v) use the Service or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or entity, or that violates any applicable law, (vi) interfere with, or disrupt the integrity or performance of, the Service, or any data or content contained therein or transmitted thereby; (vii) access or search the Service ( or download any data or content contained therein or transmitted thereby) through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers or any other similar data mining tools) other than software or Service features provided by Provider for use expressly for such purposes; or (viii) use the Service, Documentation or any other Provider Confidential Information for benchmarking or competitive analysis with respect to competitive or related products or services, or to develop, commercialize, license or sell any product, service or technology that could, directly or indirectly, compete with the Service; (ix) bypass or breach any security device or protection used by the Service or Documentation, or access or use the Services or Documentation other than by an Authorized User through the use of his or her own then valid access credentials; (x) input, 11 upload, transmit, or otherwise provide to or through the Service any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; or (xi) otherwise access or use the Service or Documentation beyond the scope of the authorization granted under this Section 2. Provider shall own, and Customer hereby assigns to Provider, all right, title and interest in and to modifications and derivative works of the Provider IP, including all intellectual property rights therein.
( c) Reservation of Rights. Provider reserves all rights to Provider IP not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the Provider IP.
(d) Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer's and any Authorized User's access to any portion or all of the Service if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer's or any Authorized User's use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer, or any Authorized User, is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider's provision of the Service to Customer or any Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider's access to or use of any third-party services or products required to enable Customer to access the Service; or (iii) in accordance with Section 5(a)(iii) (any such suspension described in subclause (i), (ii), or 12 (iii), a "Service Suspension"). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Service followin~ any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a Service Suspension ..
( e) Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer's use of the Service and collect and compile Aggregated Statistics. As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. Customer acknowledges that Provider may compile, develop, and derive Aggregated Statistics based on Customer Data. Customer agrees that Provider may (i) make Aggregated Statistics publicly available in compliance with applicable law; (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law, provided that such Aggregated Statistics are anonymous and otherwise do not identify Customer or disclose Customer's Confidential Information; and (iii) internally monitor Customer's usage of the Service, exclusively for the purposes of improving the Service or improving the provision of the Service. (f) Authorized Users. Customer will not allow any person other than Authorized Users to use the Service. Customer may permit Authorized Users to use the Service, provided that (i) the number of Authorized Users does not exceed the number of Authorized Users described in the Cover Sheet; and (ii) Customer ensures each Authorized User complies with all applicable terms and conditions of this Agreement.
13 (g) Without limiting Provider's obligation of confidentiality as further described herein, Provider shall be responsible for establishing and maintaining a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantially similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (i) ensure the security and confidentiality of the Customer Data; (ii) protect against any anticipated threats or hazards to the security or integrity of the Customer Data; (iii) protect against unauthorized disclosure, access to, or use of the Customer Data; (iv) ensure the proper disposal of Customer Data; and, (v) ensure that all employees, agents, and subcontractors of Provider, if any, comply with all of the foregoing. In no case shall the safeguards of Provider's data privacy and information security program used to protect Customer Data be less stringent than the safeguards used by Provider for its own data.

Any and all cloud storage shall be in compliance with ISO/IEC 27001 - 27018, as applicable, or successor standards thereto. Verified cloud storage services provided by Amazon Web Services or Microsoft Azure, shall be deemed to comply with this section. The Services (including all data storage), shall be provided solely from within the continental United States and on computing and data storage devices residing therein. Provider will supply an annual SOC 2 audit report to demonstrate compliance with 2(g).

In providing the Services, the Provider shall comply with any and all applicable local, State and federal laws, statutes, standards, policies, and regulations including, but not limited to, the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Sections 2701 through 2712, Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100, et seq.

3. Customer Responsibilities.
14 Customer is responsible and liable for all uses of the Service and Documentation resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoine;, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Customer will be deemed a breach of this Agreement by Customer. Customer will, and will require all Authorized Users to, use all reasonable means to secure user names and passwords, hardware and software used to access the Service in accordance with customary security protocols, and will promptly notify Provider if Customer knows or reasonably suspects that any user name and/or password has been compromised. Each account for the Service may only be accessed and used by the specific Authorized User for whom such account is created.

4. Service Levels and Support Services.
(a) Subject to the terms and conditions of this Agreement, Provider shall support services in accordance with the service levels set out in the Service Level Agreement in Appendix A. (b) Guaranteed Service Level. Unless otherwise agreed upon in writing, the Monthly Availability Service Level Percentage (%) for the Trading Services will meet or exceed 99% ("Guaranteed Service Level"). Monthly Availability Service Level Percentage (%) will be individually measured and calculated for each month the Services are provided. (c) Service Level Formula. Monthly Availability Service Level Percentage(%) is the total number of Maximum Available Minutes less Unscheduled Downtime Minutes, divided by Maximum Available Minutes, multiplied by 100, for a given month, where the Maximum Available Minutes is defined as Total Available Minutes less Scheduled Downtime Minutes.

Monthly Availability Service Level Percentage is reflected by the following formula:
15 Monthly Availability Service Level Percentage % = Maximum Available Minutes - Unscheduled Downtime Minutes, divided by (Maximum Available Minutes), then multiplied by 100.

A failure by the Provider to maintain the Guaranteed Service Level for three (3) or more consecutive months shall constitute a material breach for which Customer may terminate pursuant to Section 11 (b )(ii) below.

The availability of the Trading Services is separate from the availability of the user interface (UI), which will not exceed three (3) hours for any single occurrence.

5. Fees and Payment.
(a) Fees. Customer shall pay Provider a License Fee and any Add-On Fees (collectively, "Fees") as set forth in the Cover Sheet without offset or deduction. Customer shall make all payments hereunder in US dollars according to the Billing Cycle and Payment Terms in the Cover Sheet by wire transfer of immediately available funds to an account designated by Provider or such other payment method mutually agreed by the Parties. If Customer fails to make any payment when due, without limiting Provider's other rights and remedies: (i) Provider may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Provider for all costs incurred by Provider in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for 30 days or more, Provider may suspend Customer's and its Authorized Users' access to any portion or all of the Service until such amounts are paid in full. Provider reserves the right to change the Fees and to institute new Fees at the end of the Initial Term or then-current Renewal Term, upon ninety (90) days' prior notice to Customer (which may be sent by 16 email).
(b) Taxes. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider's income.

6. Confidential Information.
(a) From time to time during the Term, either Party or its Affiliates may disclose or make available to the other Party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media, and whether or not marked, designated, or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (i) in the public domain; (ii) known to the receiving Party at the time of disclosure; (iii) rightfully obtained by the receiving Party on a non- confidential basis from a third party; or (iv) independently developed by the receiving Party. The receiving Party will maintain the disclosing Party's Confidential Information in strict confidence, and will not use the Confidential Information of the disclosing Party except as necessary to perform its obligations or exercise its rights under this Agreement; provided that Provider may use and modify Confidential Information of Customer in deidentified and anonymous form for purposes of developing and deriving Aggregated Statistics. The receiving Party shall not disclose the disclosing Party's Confidential Information to any person or entity, except to the receiving Party's employees, representatives, or contractors who have a need to know the Confidential Information for the receiving Party to exercise its rights or perform its obligations hereunder and who are bound by written agreements with use and nondisclosure restrictions at least as 17 protective as those set forth in this Agreement. Notwithstanding the foregoing, each Party may disclose Confidential Information to the limited extent required (A) in order to comply with a subpoena, the order of a court or other governmental body, or as otherwise necessary to comply with applicable law including the California Public Records Act, provided that the Party making the disclosure shall first have given written notice to the other Party; or (B) to establish a Party's rights under this Agreement, including to make required court filings. On the expiration or termination of the Agreement, and subject to all records retention laws. the receiving Party shall promptly return to the disclosing Party all copies, whether in written, electronic, or other form or media, of the disclosing Party's Confidential Information, or destroy all such copies and, upon request by the other Party, certify in writing to the disclosing Party that such Confidential Information has been destroyed. Each Party's obligations of non-disclosure with regard to Confidential Information are effective as of the Effective Date and will expire five years from the date first disclosed to the receiving Party; provided, however, with respect to any Confidential Information that constitutes a Provider trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law. The terms and conditions of this Agreement will constitute Confidential Information of each Party but may be disclosed on a confidential basis to a Party's advisors, attorneys, actual or bona fide potential acquirers, investors or other sources of funding (and their respective advisors and attorneys) for due diligence purposes. Subject to the other terms of this Agreement, Provider IP is Provider's Confidential Information and Customer Data is Customer's Confidential Information.
(b) Provider is provided a limited license for the Term to access Customer Data for the sole and exclusive purpose of providing the Services, perform its obligations, or exercise its rights under this Agreement, including without limitation a license to collect, process, store, 18 generate, and display Customer Data only to the extent necessary in the providing of the Services. Subject to the foregoing paragraph in this Section 6, Provider shall: (i) keep and maintain Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (ii) use and disclose Customer Data solely and exclusively for the purpose of providing the Services in accordance with this Agreement and applicable law or to exercise its rights under this Agreement; (iii) allow access to Customer Data only to those employees and agents of Provider who are directly involved with and responsible for providing the Services; and, (iv) not use, sell, rent, transfer, distribute, or otherwise disclose or make available Customer Data in violation of this Agreement for Provider's own purposes or for the benefit of anyone other than Customer without Customer's prior written consent.

7. Intellectual Property Ownership; Feedback.
(a) Provider IP. Customer acknowledges that, as between Customer and Provider, Provider owns all right, title, and interest, including all intellectual property rights, in and to the Provider IP.
(b) Customer Data. Provider acknowledges that, as between Provider and Customer, Customer owns all right, title, and interest, including all intellectual property rights, in and to the Customer Data. Customer hereby grants to Provider a non-exclusive, royalty-free, worldwide license to reproduce, modify, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to host, operate, improve, and provide the Service to Customer during the Term. Customer represents that (i) it has obtained and will obtain and continue to have, during the Term, all necessary rights, authority and licenses for the access to and use of the Customer Data (including any personal data provided or otherwise collected pursuant to Customer's privacy policy) as contemplated by this Agreement and (ii) Provider's use of the Customer Data in accordance with this Agreement will not violate any applicable laws or regulations or cause a breach of any 19 agreement or obligations between Customer and any third party. ( c) Feedback. If Customer or any of its employees or contractors sends or transmits any communications or materials to Provider by mail, email, telephone, through the Service, or otherwise, suggesting or recommending changes to the Provider IP, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Provider is free to use such Feedback irrespective of any other obligation or limitation between the Parties governing such Feedback. Customer hereby assigns to Provider on Customer's behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Provider is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Provider is not required to use any Feedback.

8. Limited Warranty and Warranty Disclaimer.
(a) Each Party hereby represents and warrants to the other Party that: (i) it is duly organized, validly existing and in good standing under its jurisdiction of organization and has the right to enter into this Agreement and (ii) the execution, delivery and performance of this Agreement and the consummation of the transactions contemplated hereby are within the corporate powers of such Party and have been duly authorized by all necessary corporate action on the part of such Party, and constitute a valid and binding agreement of such Party. (b) Provider warrants that the Service will conform in all material respects to the service levels set forth in the Service Level Agreement available in Appendix A when accessed and used in accordance with the Documentation. Provider does not make any representations or guarantees regarding uptime or availability of the Service unless specifically identified in the Service Level Agreement. The remedies set forth therein are Customer's sole remedies and Provider's sole liability under the limited warranty set forth in this Section 8(b ). (c) EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(a), THE PROVIDER IP IS PROVIDED "AS IS" AND PROVIDER HEREBY DISCLAIMS ALL 20 WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO

THE MAXIMUM EXTENT PERMITTED BY APPI,ICABI,E I,AW, PROVIDER

SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND

ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 8(b),

PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE PROVIDER IP, OR ANY

PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CUSTOMER'S OR ANY

OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE

ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE,

SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, FREE OF HARMFUL CODE, BUG FREE OR ERROR FREE.

9. Indemnification.
(a) Provider Indemnification. (i) Provider shall indemnify, hold harmless, and at Customer's option, defend Customer and its Affiliates and each of their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any and all losses, damages, liabilities, costs (including reasonable attorneys' fees) ("Losses") incurred by Customer resulting from (A) any negligent or intentional act by Provider that causes any unauthorized access to Customer Data (B) any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Service, or any use of the Service in accordance with this Agreement, infringes such third-party's US patents or registered US copyrights, or misappropriates such third party's trade secrets, provided that Customer promptly notifies Provider in writing of the claim, cooperates with Provider, and allows Provider sole authority to control the defense and settlement of such claim. For the avoidance of doubt, this Section 9(a) will not apply to the extent any alleged infringement or misappropriation arises from: (1) use of 21 the Service in combination with data, software, hardware, equipment, or technology not provided by Provider; (2) modifications to the Service not made by Provider; or (3) Customer Data. (ii) If such a Third-Party Claim is made or appears possible, Customer agrees to permit Provider, at Provider's sole discretion, to (A) modify or replace the Service, or component or part thereof, to make it non-infringing, or (B) obtain the right for Customer to continue use. Alternatively, Provider may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer; if the Agreement is terminated in its entirety, Customer shall not be responsible for Fees from the date of termination, and if terminated with respect to the affected component or part, Customer shall not be responsible for Fees to the proportional amount effected from the date of termination. (b) Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider's option, defend Provider and its Affiliates and each of their respective officers, directors, employees, contractors, agents, successors, and assigns from and against any Losses incurred by Provider resulting from: (i) any Third-Party Claim that the Customer Data, or any use of the Customer Data in accordance with this Agreement (A) infringes or misappropriates such third party's intellectual property rights or privacy rights or (B) violates any applicable law, rule or regulation; (ii) any Third-Party Claims based on Customer's or any Authorized User's (A) negligence or willful misconduct; (B) use of the Service in a manner not authorized by this Agreement; (C) use of the Service in combination with data, software, hardware, equipment, or technology not provided by Provider or authorized by Provider in writing; or (D) modifications to the Service not made by Provider; and (iii) any Third-Party Claim arising from any of Customer's products or services, provided that Provider promptly notifies Customer in writing of the claim, cooperates with Customer, and allows Customer sole authority to control the defense and settlement of such claim.
22 (c) Sole Remedy. THIS SECTION 9 SETS FORTH CUSTOMER'S SOLE

REMEDIES AND PROVIDER'S SOLE LIABILITY AND OBLIGATION FOR ANY

ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES

INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT WILL PROVIDER'S LIABILITY UNDER THIS SECTION 9 EXCEED $1,000,000.

10. Limitations of Liability. IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR

IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE

THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHER WISE, FOR ANY: ( a) CONSEQUENTIAL,

INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF

REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER

PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT

WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS

AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH

OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND

OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS

AGREEMENT IN THE ONE-YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO

THE CLAIM IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. THE FOREGOING EXCLUSION SHALL NOT BE CONSTRUED TO LIMIT RECOVERY UNDER SECTION 9 23 OF THE AGREEMENT.

11. Term and Termination.
(a) Term. The term of this Agreement begins on the Effective Date and unless terminated earlier pursuant to this Agreement's express provisions, will continue in effect through the conclusion of the Initial Term. Thereafter, this Agreement will automatically renew for up to two (2) additional, successive one (1) year Renewal Terms as per the Cover Sheet (together with the Initial Term, the "Term") unless earlier terminated pursuant to this Agreement's express provisions, or either Party gives the other Party written notice of non-renewal at least 60 days prior to the expiration of the then-current term. (b) Termination. In addition to any other express termination right set forth in this Agreement:
(i) Provider may terminate this Agreement, effective on written notice to Customer, if Customer: (A) fails to pay any amount when due hereunder, and such failure continues more than 30 days after Provider's delivery of written notice thereof; or (B) breaches any of its obligations under Section 2(b) or Section 6; (ii) either Party may terminate this Agreement, effective on written notice to the other Party, if the other Party materially breaches this Agreement, and such breach:
(A) is incapable of cure; or (B) being capable of cure, remains uncured 30 days after the non-breaching Party provides the breaching Party with written notice of such breach; or (iii) either Party may terminate this Agreement, effective immediately upon written notice to the other Party, if the other Party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar 24 agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
(c) Effect of Expiration or Termination. Upon expiration or earlier termination of this Agreement, Customer shall immediately discontinue use of the Provider IP and, without limiting Customer's obligations under Section 6, but subject to all applicable records retention laws, Customer shall delete, destroy, or return all copies of the Provider IP and certify in writing to the Provider that the Provider IP has been deleted or destroyed. No expiration or termination will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination or entitle Customer to any refund. (d) Survival. This Section ll(d) and Sections 1, 2(d), 2(e), 3, 5, 6, 7, 8(c), 9, 10, 1 l(c) and 12 survive any termination or expiration of this Agreement. No other provisions of this Agreement survive the expiration or earlier termination of this Agreement.

12. Miscellaneous.
(a) Entire Agreement. This Agreement, together with any other documents incorporated herein by reference, including the Cover Sheet, and all related Exhibits, constitutes the sole and entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements made in the body of this Agreement, the related Exhibits, and any other documents incorporated herein by reference, the following order of precedence governs: (i) first, the Cover Sheet; (ii) second, the Terms and Conditions as of the Effective Date; and (iii) third, any other documents incorporated herein by reference. Customer shall not be bound by any "click-through" or other online
terms and conditions not expressly referenced herein.
(b) Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder ( each, a "Notice") must be in writing and addressed to the Parties at the addresses set forth below ( or to such other address that may be designated by the Party giving 25 Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in this Agreement, a Notice is effective only: (i) upon receipt by the receiving Party; and (ii) if the Party giving the Notice has complied with the requirements of this Section.

If to Provider:
700 Universe Boulevard, Juno Beach, Florida 33408-0420
Attention: Richard Argentieri
With a copy to:
700 Universe Boulevard
Juno Beach, FL 33408
Attention: Vice President and General Counsel
If to Customer:

Notices shall be sent to Customer at the address specified on the Cover Sheet. (c) Force Majeure. In no event shall either Party be liable to the other, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under this Agreement, if and to the extent such failure or delay is caused by any circumstances beyond Provider's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo. (d) Amendment and Modification; Waiver. No amendment to or modification of this Agreement is effective unless it is in writing and signed by an authorized representative of each Party. No waiver by any Party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof, and (ii) 26 no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
( e) Severability. If any provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement so as to effect their original intent as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
(f) Governing Law; Submission to Jurisdiction. The validity, interpretation and performance of the Agreement are controlled by and construed under the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of laws. The exclusive jurisdiction and venue of any action brought arising out of the Agreement will be the state and federal courts of California. Each of the parties hereby irrevocably submits itself to the exclusive jurisdiction and venue of such courts for purposes of such actions. (g) Assignment. Neither Party may assign any of its rights or obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of the other Party. Any purported assignment in violation of this Section will be null and void. Notwithstanding the foregoing, Provider may assign all or part of its rights and obligations hereunder to any of its affiliates without prior consent of Customer, provided notice is given within a period of ten (10) days. This Agreement is binding upon and inures to the benefit of the Parties and their respective permitted successors and assigns.
(h) Export Regulation. Customer shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), that prohibit or restrict the export or re-export of the Service or any Customer Data outside the US.
27 (i) Equitable Relief. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 6 or, in the case of Customer, Section 2(b ), would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to seek equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.

G) Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

Electronic signatures will have the same weight and effect as originals. (k) Customer Generated Publicity. Customer shall not release or make any announcements, public disclosures or press releases, including, without limitation, use of Provider's or Provider's Affiliates' name(s), any advertisements, publications or documents or the release of any information to any member of the public, press or official body, regarding or concerning the Agreement, the Service, or any part thereof without obtaining prior written consent from Provider, which consent may be withheld in Provider's sole and absolute discretion.
(1) Subcontracting. Provider may use subcontractors, and other third-party providers ("Subcontractors") in connection with the performance of its own obligations hereunder as it deems appropriate; provided that Provider remains responsible for the performance of each such Subcontractor. Notwithstanding anything to the contrary in this Agreement, with respect to any third-party vendors, including any vendors used for installation services, hosting ( e.g. A WS) or payment vendors (e.g. PayPal), Provider will use commercially reasonable efforts to guard against any damages or issues arising in connection with such vendors, but will not be liable for the acts or omissions of such third-party vendors except to the extent that it has been finally 28 adjudicated that such damages or issues are caused directly from the negligence or willful misconduct of Provider.
(m) Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing in this Agreement will be construed to establish any partnership, joint venture or agency relationship between the Parties. Neither Party will have the power or authority to bind the other or incur any obligations on the other's behalf without the other Party's prior written consent.
(n) Use of Customer's Name and Logos. During the term of Customer's use of the Service, with Customer's prior, written consent, Provider may use Customer's name, trademarks, and logos (collectively, "Customer's Marks") on Provider's website and in its marketing materials to identify Customer as Provider's customer, and for the purpose of providing the Service, provided that Provider shall use commercially reasonable efforts to adhere to the usage guidelines furnished by Customer with respect to Customer's Marks. (o) WAIVER OF RIGHT TO TRIAL BY JURY. IN ANY LITIGATION ARISING

FROM OR RELATED TO THE AGREEMENT, THE PARTIES HERETO EACH HEREBY

KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THE RIGHT EACH

MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION BASED

HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THE

AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER ORAL OR WRITTEN) OR ACTIONS OF EITHER PARTY TO THE AGREEMENT. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THE AGREEMENT.
29 C
Plf)NEER

COMMUNITY ENERGY
Staff Report - Item 5
To: The Governing Board
From: Paige Garcia, Program Manager
Item 5: Adopt Resolution Approving and Authorizing the Executive Director to Enter into a contract with Greenlite Lighting Corp. USA to execute LED lighting program Date: 9/28/2023

RECOMMENDATION
Adopt a Resolution Approving and Authorizing the Executive Director to Enter into a contract with Greenlite Lighting Corp. USA to execute LED lighting program for an amount not to exceed $262,400.

CUSTOMER ADVISORY COMMITTEE RECOMMENDATION
On August 23, the Greenlite program was reviewed and discussed by the Community Advisory Committee which voted unanimously to approve the recommendation to the Board.

BACKGROUND
At the May 25, 2023, Governing Board Meeting, the Board reviewed the Proposed Fiscal Year 2023-24 Operating Budget and provided direction to focus on programs that serve the residential sector.

At the June 15, 2023, Governing Board Meeting, the Board adopted the Fiscal Year 2023-24 Operating Budget that included $2 million of programs funding.

ANALYSIS & DISCUSSION
Greenlite has implemented successful LED rebate programs across the country, including in Roseville. Greenlite is a manufacturer of ENERGY STAR LEDs and designer of efficiency programs with over 25 years of experience.

The Greenlite LED rebate program will work with local hardware stores to stock discounted LED lightbulbs and other energy-saving products. Pioneer Community Energy will pay Greenlite directly, which will allow the retailers to sell the products at a discounted rate. Customers will not need to worry about filling out paperwork or keeping track of coupons or flyers for rebates. Greenlite will work with the retailers to ensure the stock of products is maintained and receive reports about the number of sales.

The LED rebate program supports the Board's goal to focus on residential energy efficiency programs. The program also supports our customers and supports local businesses. As the first program Pioneer will launch, the rebate program is a smooth introduction of our customers to programs they can expect from Pioneer. Ensuring that the first program is easy for customers to utilize and saves them money will support participation in future Pioneer programs.

STRATEGIC PLAN
The recommendation supports the Local Engagement and Quality in Service priorities.

FISCAL IMPACT
The fiscal impact of this contract recommendation is $262,400 over a 12-month period beginning October 1, 2023.

ATTACHMENTS

1. Resolution Approving and Authorizing the Executive Director to Enter into a contract with Greenlite Lighting Corp. USA.

Page 1 of 1 ends

Before the Governing Board of
Pioneer Community Energy
In the matter of: A Resolution Approving and
Authorizing the Executive Director to Execute
an Agreement with Greenlite Lighting Corp
USA for Program Services
Resolution No.: ------
The following Resolution was duly passed by the Governing Board of Pioneer Community Energy at a regular meeting held September 28, 2023, 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, this Resolution Approving and Authorizing the Executive Director to Execute an Agreement with Greenlite Lighting Corp USA for Program Services has been brought before the Governing Board; and
WHEREAS, competitive solicitation requirement is hereby dispensed and a sole source procurement with Green lite Lighting Corp USA is justifiably in the best interest of Pioneer for the following reasons:
• Greenlite has over 25 years of utility program experience. • Greenlite has held contracts with over 95 utilities to launch similar programs. • Greenlite has expertise is partnering with National Retailers to distribute energy-efficiency products under Utility Efficiency Programs • Greenlite has partnerships with Major Hardware,, Drug, Grocery, and Discounters allows us to reach demographics of all socio-economic backgrounds to promote the equitable availability of generous utility rebates. • Greenlite has worked with a neighboring utility to Pioneer to launch a successful, similar program.

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.

Resolution No.

September 28, 2023

2. The Governing Board hereby approves and authorizes the Executive Director to Execute an Agreement with Greenlite Lighting Corp USA for Program services, in substantially the form attached, for program services beginning on October 1, 2023, for an amount not-to-exceed $262,400 with any minor clerical or clarifying changes proposed by the Executive Director and approved by General Counsel.

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

Attachment A: Professional Services Agreement with Green lite Lighting Corp USA. 2 Administering Agency: Pioneer Community Energy
Contract No.

Contract Description: LED Rebate Program Services

CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is made at Rocklin, California, as of September 28, 2023, by and between Pioneer Community Energy, ("Pioneer"), and Greenlite Lighting Corp USA ("Consultant"), who agree as follows:

1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A.

2. Payment. Pioneer shall pay Consultant for services rendered pursuant to this Agreement at the time and in the amount set forth in Exhibit B. The payment specified in Exhibit B shall be the only payment made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to Pioneer in the manner specified therein, or, if no manner be specified, then according to the usual and customary procedures which Consultant uses for billing clients similar to Pioneer. The amount of the contract shall not exceed two hundred and sixty-two thousand four hundred Dollars ($262,400).

3. Facilities, Equipment and Other Materials, and Obligations of Pioneer. Unless otherwise specified in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement.

4. Exhibits. All exhibits referred to herein will be attached hereto and by this reference incorporated herein.

5. Time for Performance. Time is of the essence. Failure of Consultant to perform any services within the time limits set forth in Exhibit A shall constitute material breach of this contract.

6. Independent Consultant. At all times during the term of this Agreement, Consultant shall be an independent Consultant and shall not be an employee of Pioneer. Pioneer shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement. Pioneer shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement.

7. Licenses, Permits, Etc. Consultant represents and warrants to Pioneer that it has all licenses, permits, qualifications, and approvals of whatsoever nature, which are legally required for Consultant to practice its profession. Consultant represents and warrants to Pioneer that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for Consultant to practice its profession at the time the services are performed.

8. Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Consultant's obligations pursuant to this Agreement. Neither party shall be considered in default of this - 1 -
Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.

9. Hold Harmless and Indemnification Agreement. At all times during the performance of this agreement, Consultant agrees to protect, defend, and indemnify Pioneer in accordance with the provisions contained in Exhibit D.

10. Insurance. Consultant shall file with Pioneer concurrently herewith a Certificate oflnsurance, in companies acceptable to Pioneer, with a Best's Rating of no less than A-:VII, for the coverage shown in Exhibit D. All costs of complying with these insurance requirements shall be included in Consultant's fee(s). These costs shall not be considered a "reimbursable" expense under any circumstances.

11. Consultant Not Agent. Except as Pioneer may specify in writing Consultant shall have no authority, express or implied, to act on behalf of Pioneer in any capacity whatsoever as an agent.

Consultant shall have no authority, express or implied pursuant to this Agreement to Bind Pioneer to any obligation whatsoever.

12. Assignment Prohibited. Consultant may assign its rights and obligations under this Agreement only upon the prior written approval of Pioneer, said approval to be in the sole discretion of Pioneer.

13. Personnel.

A. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Pioneer, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by Consultant to perform services pursuant to this Agreement, including those members of the Project Team as explained below, Consultant shall remove any such person immediately upon receiving notice from Pioneer of the desire of Pioneer for removal of such person or persons.

B. Notwithstanding the foregoing, if specific persons are designated as the "Project Team" in Exhibit A, Consultant agrees to perform the work under this agreement with those individuals identified. Reassignment or substitution of individuals or subcontractors named in the Project Team by Consultant without the prior written consent of Pioneer shall be grounds for cancellation of the agreement by Pioneer, and payment shall be made pursuant to Section 15 (Termination) of this Agreement only for that work performed by Project Team members.

14. Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. All products of whatsoever nature which Consultant delivers to Pioneer pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Consultant's profession.

15. Termination.

A. Pioneer shall have the right to terminate this Agreement at any time by giving notice in writing of such termination to Consultant. In the event Pioneer shall give notice of termination, Consultant shall immediately cease rendering service upon receipt of such written notice, pursuant to this Agreement. In the event Pioneer shall terminate this Agreement:
1) Consultant shall deliver copies of all writings prepared by it pursuant to this Agreement. The term "writings" shall be construed to mean and include: handwriting, - 2 -
typewriting, printing, Photostatting, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof. 2) Pioneer shall have full ownership and control of all such writings delivered by Consultant pursuant to this Agreement.
3) Pioneer shall pay Consultant the reasonable value of services rendered by Consultant to the date of termination pursuant to this Agreement not to exceed the amount documented by Consultant and approved by Pioneer as work accomplished to date; provided, however, that in no event shall any payment hereunder exceed the amount of the agreement specified in Exhibit B, and further provided, however, Pioneer shall not in any manner be liable for lost profits which might have been made by Consultant had Consultant completed the services required by this Agreement. In this regard, Consultant shall furnish to Pioneer such financial information as in the judgment of Pioneer is necessary to determine the reasonable value of the services rendered by Consultant. The foregoing is cumulative and does not affect any right or remedy, which Pioneer may have in law or equity.

B. Consultant may terminate its services under this Agreement upon thirty- (30) working days' advance written notice to Pioneer.

16. Contract Term. This agreement shall remain in place until the Scope of Services described in Exhibit A is completed, or until contract is terminated pursuant to Section 15 of this contract.

17. Non-Discrimination. Consultant shall not discriminate in its employment practices because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation in contravention of the California Fair Employment and Housing Act, Government Code section 12900 et~-

18. Records. Consultant shall maintain, at all times, complete detailed records with regard to work performed under this agreement in a form acceptable to Pioneer, and Pioneer shall have the right to inspect such records at any reasonable time. Notwithstanding any other terms of this agreement, no payments shall be made to Consultant until Pioneer is satisfied that work of such value has been rendered pursuant to this agreement. However, Pioneer shall not unreasonably withhold payment and, if a dispute exists, the withheld payment shall be proportional only to the item in dispute.

19. Ownership oflnformation. All professional and technical information developed under this Agreement and all work sheets, reports, and related data shall become the property of Pioneer, and Consultant agrees to deliver reproducible copies of such documents to Pioneer on completion of the services hereunder. Pioneer agrees to indemnify and hold Consultant harmless from any claim arising out of reuse of the information for other than this project.

20. Waiver. One or more waivers by one party of any major or minor breach or default of any provision, term, condition, or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default by the other party.

21. Conflict of Interest. Consultant certifies that no official or employee of Pioneer, nor any business entity in which an official of Pioneer has an interest, has been employed or retained to solicit or aid in the procuring of this agreement. In addition, Consultant agrees that no such person will be employed in the performance of this agreement without immediately notifying Pioneer.

22. Entirety of Agreement. This Agreement contains the entire agreement of Pioneer and Consultant with respect to the subject matter hereof, and no other agreement, statement, or promise made by - 3 -
any party, or to any employee, officer or agent of any party, which is not contained in this Agreement, shall be binding or valid.

23. Alterntion. No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by all parties, except as expressly provided in Section 15, Termination.

24. Governing Law. This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. Any legal proceedings on this agreement shall be brought under the jurisdiction of the Superior Court of County of Placer, State of California, and Consultant hereby expressly waives those provisions in California Code of Civil Procedure §394 that may have allowed it to transfer venue to another jurisdiction.
25 . Notification. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:

PIONEER COMMUNITY ENERGY:

Pioneer Community Energy
Attn: Eric Acedo
2510 Warren Drive Suite B
Rocklin, CA 95677
[email protected]
Phone: (916) 758-8943
CONSULT ANT:

Greenlite Lighting Corp USA
Attn: Nina Gupta
17192 Murphy Avenue# 19189
Irvine, CA 92623
[email protected]
Phone: (877) 255-0004
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed. - 4 -
Executed as of the day first above stated:

PIONEER COMMUNITY ENERGY
By:

Printed Name/Title: Donald Eckert, Executive Director
Approved as to Form - General Counsel:

By:

Printed Name/Title:

Greenlite Lighting Corp. USA
By:

Name: Nina Gupta
Title: President & CEO
*If Consultant is a corporation, this agreement must be signed by a corporate officer, either the President or Vice President, unless an authenticated corporate resolution is attached delegating authority to a single officer or other officers to bind the corporation.

Exhibits
A. Scope of Services
B. Payment for Services Rendered
C. Facilities, Equipment and Other Obligations of Pioneer D. Hold Harmless Agreement and Insurance Requirements
- 5 -
A. Introduction

EXHIBIT A

SCOPE OF SERVICES
a. This scope of work provides an outline of the essential activities and responsibilities involved in implementing the Greenlite Energy Efficiency Program. b. The program aims to establish a collaborative partnership among Greenlite, Pioneer Community Energy, and participating retailers, with the goal of promoting energy-efficient products in the market. c. The focus is on ensuring a smooth process from the beginning of the agreement to order replenishment.

B. Experience
a. Greenlite has participated in Utility Upstream Residential Programs for 25+ years and was the first manufacturer to launch an Upstream Buydown Program in the state of California.
b. In 2023 Greenlite held contracts with 95+ utilities nationwide delivering Energy Saving products to residential homeowners.
c. Greenlite has tremendous experience in designing goal-conquering ENERGY STAR® programs, navigating real-world challenges, and problem-solving effectively to allow for seamless program execution that is industry-leading.

C. Program Launch Preparation
a. Provide Pioneer with a list of retail partners within Pioneer service territory and Pioneer. b. Provide Pioneer with a list of product options and Pioneer will confirm which products shall be included and rebate for each product.
c. Provide Greenlite energy-saving products such as, but not limited to, LED lightbulbs, nightlights, and power strips.
d. Pioneer will provide branded stickers for Greenlite to add to each product before it is sent to a retail partner.
e. Pioneer will be responsible for all outreach and marketing initiatives to promote the LED discount program.

D. Retailer Outreach
a. Reach out to retailer partners identified in Pioneer Community Energy service territory to participate in program.
i. Outreach initiatives include the joining territories of Nevada City and Grass Valley
b. Create an order form comprised of approved items outlined within the agreement. c. Provide order form to partners for product shipment.

E. Retailer Engagement
a. Interact with retailers to provide them with a clear understanding of the program's terms, benefits, product range, and pricing.
b. Maintain contact with retail partners to ensure products are stocked. c. Receive sales reports from partners noting the sale of products.

F. Reporting
a. Provide Pioneer Community Energy with monthly reports.

Page 1 ends

1. The report will include the number of products sold and the number of transactions at each store.
to Consultant Services Agreement

EXHIBITB

PAYMENT FOR SERVICES RENDERED
Maximum Limit & Fee Schedule
The total amount for services rendered not to exceed $262,400.

Greenlite Fee Summary
Item Description Amount
Product rebate with admin time $250,000
included
Branded stickers for each product $12,400
with a 60 day lead time
Invoices
Invoices shall be provided once a month and will include a list of work performed by billable hour including date, hours and services provided. Work performed by Consultant will be subject to final acceptance by Pioneer. Payment will be due to the vendor within 30 days ofreceipt of the invoice.

Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance in writing by Pioneer.

Submit all invoices to:

Page I of Exhibit B
Pioneer Community Energy
Attn: Eric Acedo
[email protected]
2510 Warren Drive, Suite B
Rocklin, CA 95677
to Consultant Services Agreement
Page l of Exhibit C

EXHIBIT C

FACILITIES, EQUIPMENT, AND OTHER

MATERIALS, AND OBLIGATIONS OF PIONEER

NOT APPLICABLE
to Consultant Services Agreement

EXHIBITD

HOLD HARMLESS AGREEMENT

AND INSURANCE REQUIREMENTS

1. HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
The CONSULTANT hereby agrees to protect, defend, indemnify, and hold PIONEER free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by PIONEER arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of PIONEER) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of, the contract or agreement. CONSUL TANT agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the CONSULT ANT.

CONSUL TANT also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against CONSULTANT or PIONEER or to enlarge in any way the CONSULTANT'S liability but is intended solely to provide for indemnification of PIONEER from liability for damages or injuries to third persons or property arising from CONSULT ANT'S performance pursuant to this contract or agreement.

As used above, the term PIONEER means Pioneer or its officers, agents, employees, and volunteers.

2. INSURANCE:

CONSUL TANT shall file with PIONEER concurrently herewith a Certificate of Insurance, m companies acceptable to PIONEER, with a Best's Rating of no less than A-:VII showing.

3. WORKER'S COMPENSATION AND EMPLOYERS LIABILITY INSURANCE:

Worker's Compensation Insurance shall be provided as required by any applicable law or regulation.

Employer's liability insurance shall be provided in amounts not less than one million dollars ($1,000,000) each accident for bodily injury by accident, one million dollars ($1,000,000) policy limit for bodily injury by disease, and one million dollars ($1,000,000) each employee for bodily injury by disease.

If there is an exposure of injury to CONSULTANT'S employees under the U.S. Longshoremen's and Harbor Worker's Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims.

Each Worker's Compensation policy shall be endorsed with the following specific language:

Cancellation Notice - "This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy".

Waiver of Subrogation-The workers' compensation policy shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against Pioneer, its officers, directors, officials, Page I of Exhibit D
to Consultant Services Agreement

4. employees, agents or volunteers, which might arise by reason of payment under such policy in connection with performance under this agreement by the CONSULT ANT.

CONSULTANT shall require all SUBCONTRACTORS to maintain adequate Workers' Compensation insurance. Certificates of Workers' Compensation shall be filed forthwith with Pioneer upon demand.

GENERAL LIABILITY INSURANCE:

A. Comprehensive General Liability or Commercial General Liability insurance covering all operations by or on behalf of CONSULTANT, providing insurance for bodily injury liability and property damage liability for the limits ofliability indicated below and including coverage for:
(1) Contractual liability insuring the obligations assumed by CONSULT ANT in this Agreement.

B. One of the following forms is required:
( 1) Comprehensive General Liability;
(2) Commercial General Liability (Occurrence); or
(3) Commercial General Liability (Claims Made).

C. If CONSULTANT carries a Comprehensive General Liability policy, the limits of liability shall not be less than a Combined Single Limit for bodily injury, property damage, and Personal Injury Liability of:

One million dollars ($1,000,000) each occurrence
Two million dollars ($2,000,000) aggregate
D. If CONSULT ANT carries a Commercial General Liability (Occurrence) policy:
(1) The limits of liability shall not be less than:

One million dollars ($1,000,000) each occurrence (combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) for Products-Completed Operations ➔ Two million dollars ($2,000,000) General Aggregate
(2) If the policy does not have an endorsement providing that the General Aggregate Limit applies separately, or if defense costs are included in the aggregate limits, then the required aggregate limits shall be two million dollars ($2,000,000).

E. Special Claims Made Policy Form Provisions:

CONSULTANT shall not provide a Commercial General Liability (Claims Made) policy without the express prior written consent of PIONEER, which consent, if given, shall be subject to the following conditions:
(1) The limits of liability shall not be less than:

Page 2 ends

to Consultant Services Agreement
One million dollars ($1,000,000) each occurrence ( combined single limit for bodily injury and property damage)
One million dollars ($1,000,000) aggregate for Products Completed Operations ➔ Two million dollars ($2,000,000) General Aggregate
(2) The insurance coverage provided by CONSUL TANT shall contain language providing coverage up to one (1) year following the completion of the contract in order to provide insurance coverage for the hold harmless provisions herein if the policy is a claims-made policy.

Conformity of Coverages - If more than one policy is used to meet the required coverages, such as a separate umbrella policy, such policies shall be consistent with all other applicable policies used to meet these minimum requirements. For example, all policies shall be Occurrence Liability policies or all shall be Claims Made Liability policies, if approved by Pioneer as noted above. In no cases shall the types of polices be different.

5. ENDORSEMENTS:

Each Comprehensive or Commercial General Liability policy shall be endorsed with the following specific language:

A. "Pioneer Community Energy, its officers, agents, employees, and volunteers are to be covered as insured for all liability arising out of the operations by or on behalf of the named insured in the performance of this Agreement."
B. "The insurance provided by the Consultant, including any excess liability or umbrella form coverage, is primary coverage to Pioneer Community Energy with respect to any insurance or self-insurance programs maintained by Pioneer Community Energy and no insurance held or owned by Pioneer Community Energy shall be called upon to contribute to a loss." C. "This policy shall not be changed without first giving thirty (30) days prior written notice and ten (10) days prior written notice of cancellation for non-payment of premium to Pioneer Community Energy."

6. AUTOMOBILE LIABILITY INSURANCE:

Automobile Liability insurance covering bodily injury and property damage in an amount no less than one million dollars ($1,000,000) combined single limit for each occurrence.

Covered vehicles shall include owned, non-owned, and hired automobiles/trucks.

7. PROFESSIONAL LIABILITY INSURANCE:

Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000.

8. PRIVACY AND CYBERSECURITY LIABILITY INSURANCE:

Privacy and cybersecurity liability (including costs arising from data destruction, hacking or intentional breaches, crisis management activity related to data breaches, and legal claims for security breach, privacy violations, and notification costs of at least $5,000,000 US per occurrence.

Page 3 ends

to Consultant Services Agreement

9. ADDITIONAL REQUIREMENTS:

Premium Payments - The insurance companies shall have no recourse against PIONEER and funding agencies, its officers and employees or any of them for payment of any premiums or assessments under any policy issued by a mutual insurance company.

Policy Deductibles - The CONSUL TANT shall be responsible for all deductibles in all of the CONSULTANT's insurance policies. The maximum amount of allowable deductible for insurance coverage required herein shall be $25,000.

CONSULTANT's Obligations - CONSULTANT's indemnity and other obligations shall not be limited by the foregoing insurance requirements and shall survive the expiration of this agreement.

Verification of Coverage - CONS ULT ANT shall furnish Pioneer with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by Pioneer before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULT ANT' s obligation to provide them. Pioneer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Material Breach - Failure of the CONSUL TANT to maintain the insurance required by this agreement, or to comply with any of the requirements of this section, shall constitute a material breach of the entire agreement.

Page 4 ends

to Consultant Services Agreement
PICf)NEEA

COMMUNITY ENERGY
Staff Report - Item 6
To: The Governing Board
From: Brad Koehn, Director of Finance and Administration Item 6: Receive Draft Fiscal Year 2022-23 Year-End Financial Reports Date: 9/28/2023

ACTION REQUESTED
Receive draft Fiscal Year 2022-23 year-end Financial Reports through June 30, 2023.

BACKGROUND
The Year-To-Date (YTD) financial reports are produced by Maher Accountancy for Board member and management review. Although these reports are unaudited, they provide the most up-to-date financial data for Pioneer Community Energy. Pioneer's independent auditors, Pisenti & Brinker LLP will perform an audit on the Fiscal Year 2022-23 financial activity which is expected to be completed before the end of the calendar year.

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 and included in the audited financial statements. For June 2023, 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.
• Budgetary Comparison Schedule (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 fourth quarter of FY 2022-23 ending June 2023 .

FY 2022-23 FY 2022-23 Variance
$ in Thousands YTD Budget YTD Actuals (Under)/Over
Energy Revenue $213,353 $207,411 ($5,942)
Power Supply $177,984 $161,896 ($16,088)
Operating Margin $35,369 $45,515 $10,146
Operating Expense $11,033 $9,372 ($1,661)
Debt Service & Other $3,581 $2,918 ($663)
Contribution To/(From)
Reserves $20,755 $33,225 $12,470

Page 1 of 2 ends

Agenda Item: 6 Agenda Date: 9/28/2023
Energy Revenues
The amended budget did include the rate adjustment effective January 2023. Revenues fell below budget projections by 2.8% or almost a $6 million shortfall compared to the $213 million budget projection.

Power Supply
In response to the dramatic September 2022 heat wave that had a $10 million dollar impact, the adjusted midyear budget contained a $10 million contingency for possible future weather events. Fortunately, the contingency was not needed for a second weather event and was a major contributing factor to the budget savings realized in power supply. Excluding the $10 million savings from the contingency, power supply actuals were an additional $6 million below projections.

Operating Expenses
Controllable expenses across all departments show a total of $1.66 million, or 15%, less (primarily in contract services) than expected through the end of the fiscal year.

Debt Service and Other
Debt service was in line with budget expectations. An increase to the CPUC-mandated financial security requirement ("FSR") was not required during the current fiscal year, but discussions are still ongoing at the CPUC that could result in a Fiscal Year 2023-24 increase in the FSR. Investment gains were also recorded in this category and exceeded budget projections.

Grant Revenue
California Arrearage Payment Program (CAPP) 2.0 funds of over $1 million were received from the State of California to assist residential customers that incurred arrearage charges during the COVID pandemic. This funding is recorded in the revenue section of the Budgetary Comparison Schedule.

Reserves and Net Position
The fiscal year ended with a net position of $72 million, a significant increase of $36 million over the course of the fiscal year. While this is a positive, Pioneer's reserve policy is based on cash liquidity and does not include non-liquid assets, such as collateral deposits held by others, accounts receivables and accounts payables which are significant components in calculating the net position. Pioneer's cash position did dramatically improve, increasing by $30 million compared to the prior fiscal year. Considering the adopted Fiscal Year 2023-24 Budget and deducting for the discretionary additional term loan payment to principal, Pioneer's days of liquidity as of June 30th is measured to be 107 days. As the Board is aware, Pioneer's Reserve Policy maintains a minimum threshold target of 160 days with a timeline to achieve that goal in 3 to 5 years from the Fall 2021 Reserve Policy adoption. Staff currently expect (if extreme weather events are avoided) to achieve the minimum target during Fiscal Year 2024-25.

STRATEGIC PLAN
Strategic Priority 5: Financial Stability & Strategic Growth

FISCAL IMPACT
The YTD change in net position through the end of the fiscal year is $35.8 million.

ATTACHMENTS

1. Financial Reports through June 30, 2023

Page 2 of 2 ends

MAHER

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 June 30, 2023, 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.

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

H~A~
San Rafael, CA
August 22, 2023
1101 Fifth Avenue , Suite 200 San Rafael , CA 94901 415 459 1249 mahercpa.com 1 PIONEER COMMUNITY ENERGY

CCAFUND

STATEMENT OF NET POSITION
As of June 30, 2023
ASSETS
Current assets
Cash and cash equivalents
Investments
Accounts receivable, net of allowance
Accrued revenue
Other receivables
Interest receivable
Prepaid expenses
Deposits
Total current assets
Noncurrent assets
Lease asset, net of amortization
Total noncurrent assets
Total assets

NET POSITION
Net investment ( deficit) in capital assets
Unrestricted net position
Total net position
See accountants' compilation report.

CCAFund
$ 17,568,959
41,205,891
18,853,246
9,787,087
2,361,347
275,053
41,041
5,611,766
95,704,390
1,450,242
1,450,242
97,154,632
14,973,856
474,783
404,873
23,283
393,756
655,164
75,621
17,001,336
6,601,857
1,566,032
8,167,889
25,169,225
(191,411)
72,176,818
$ 71,985,407
2 PIONEER COMMUNITY ENERGY

CCAFUND

STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN NET POSITION
Year Ended June 30, 2023

OPERATING REVENUES
Electricity sales, net
Other income
Total operating revenues

OPERA TING EXPENSES
Cost of electricity
Contract services
Staff compensation
Other operating expenses
Total operating expenses
Operating income (loss)

NONOPERATING REVENUES (EXPENSES)
Grant income
Investment gains (losses)
Interest and financing expense
Nonoperating revenues (expenses), net

CHANGE IN NET POSITION
Net position at beginning of period
Net position at end of period
See accountants' compilation report.

CCAFund
$ 199,266,165
45,000
199,311,165
154,793,109
5,611,172
2,987,978
766,843
164,159,102
35,152,063
1,041,957
222,492
(574,844)
689,605
35,841,668
36,143,739
$ 71,985,407
3 MAHER

ACCOUNTANCY

ACCOUNTANTS' COMPILATION REPORT
Board of Directors
Pioneer Community Energy
Management is responsible for the accompanying special purpose statement for the budgetary comparison schedule CCA Program of Pioneer Community Energy, a California Joint Powers Authority, for the period ended June 30, 2023, 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.

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.

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

H~A~
San Rafael, CA
August 22, 2023
1101 Fift h Avenue , Suite 200 San Rafael , CA 9490 1 415459 1249 mahercpa.com

PIONEER COMMUNITY ENERGY

CCAFUND

BUDGETARY COMPARISON SCHEDULE
Year Ended June 30, 2023
2022/23 2022/23
YTD 2022/23 Amended
2022/23 YTD Actual/ Amended Budget
Actual Budget% Budget Remaining

ENERGY REVENUES
Energy Sales $ 203,915,709 97% $ 210,160,000 $ 6,244,291 Green 100 Sales 26,003 87% 30,000 3,997
Congestion Revenue Rights 7,102,711 118% 6,000,000 (1,102,711) Less Uncollectible Accounts (3,633,590) 128% (2,837,000) 796,590 Total Operating Revenues 207,410,833 213,353,000 5,942,167

ENERGY EXPENSES
Power Supply 161,895,820 91% 177,984,000 16,088, 18 I
OPERA TING MARGIN 45,515,013 35,369,000 (10,146,013)

OPERA TING EXPENSES
Administration
Compensation 569,539 91% 626,252 56,713
Contract services 137,324 25% 546,325 409,001
Operating expenses 512,661 95% 541,225 28,564
Total Administration expenses 1,219,524 71% 1,713,802 494,278 Finance
Compensation 736,138 97% 760,530 24,392
Contract services 370,857 67% 553,350 182,493
Operating expenses 294,462 106% 278,983 (15,479)
Total Finance expenses 1,401,457 88% 1,592,863 191,406
Power Procurement
Compensation 596,103 96% 617,886 21,783
Contract services 1,447,772 97% 1,485,426 37,654
Operating expenses 17,889 50% 35,450 17,561
Total Power Procurement expenses 2,061,764 96% 2,138,762 76,998 Customer Care
Compensation 434,993 98% 441,957 6,964
Contract services 2,614,739 89% 2,935,012 320,273
Operating expenses 626 6% 10,863 10,237
Total Customer Care expenses 3,050,358 90% 3,387,832 337,474 Marketing & Communications
Compensation 88,162 57% 154,388 66,226
Contract services 490,624 88% 556,240 65,616
Operating expenses 304,902 75% 408,050 103,148
Total Marketing expenses 883,689 79% 1,118,678 234,989
Legislative & Regulatory
Compensation 492,492 99% 496,649 4,157
Contract services 195,232 55% 353,808 158,576
Operating expenses 3,660 70% 5,250 1,590
Total Legislative expenses 691,383 81% 855,707 164,324
Programs
Compensation 58,878 48% 122,320 63,442
Contract services 4,211 4% 97,000 92,789
Operating expenses 1,040 16% 6,500 5,460
Total Programs expenses 64,129 28% 225,820 161,691
Total Operating Expenses 9,372,304 85% 11,033,464 1,661,160

NON-OPERATING REVENUES (EXPENSES)
Investment gains (losses) 222,492 297% 75,000 (147,492) Miscellaneous income 45,000 (45,000)
Term Loan Debt Service (913,982) 96% (950,000) (36,018) Additional Term Loan Principal (2,100,000) (2,100,000)
Line/Letter of Credit Fees (171,287) 69% (250,000) (78,713) Financial Security Requirement 0% (356,000) (356,000)
Nonoperating revenues (expenses), net (2,917,777) (3,581,000) (663,223) Total Expenses (Energy, Operating, Non-Operating) 174,185,900 I 92,598,464 18,412,564 Contribution to/(from) Reserves $ 33,224,933 $ 20,754,536 $ (12,470,397) Plf)NEEA

COMMUNITY ENERGY
Staff Report - Item IV-B
To: The Governing Board
From: Donald Eckert, Executive Director
Item IV-B: Executive Director Report
Date: 9/28/2023

PERSONNEL
Gina Stassi-Vanacore has accepted the position of Director of Public Affairs, Marketing, and Programs effective September 25th. Gina joined Pioneer in June 2023 as the Community Outreach Manager. Gina brings a wealth of experience in outreach and marketing including many years at a leadership level to the position and am excited to see her raise the ceiling in Pioneer's communication efforts. Personnel from customer care, key accounts and programs will be part of Gina's team .

Current recruitments include the Sr. Manger of Quantitative Analysis and the Community Outreach Manager.

EXECUITVE DIRECTOR AGREEMENTS EXECUTED (NON-POWER SUPPLY) The following agreements have been executed by the Executive Director, consistent with the authority delegated by the Board:
• Sonitrol, building security installation, $725 for installation and $12 per month added to contract. • Signup Company, installation of exterior signs to support branding efforts, not-to-exceed $9,335. • Blue Goose Event Center, rental agreement to host five-year celebration event, not-to-exceed $1,200. • Sonitrol, CCTV installation, $850 for installation and $75 per month added to contract.

FIVE-YEAR ANNIVERSARY EVENT
Pioneer Community Energy will host an event celebrating its 5-Year anniversary on Wednesday, November 1, from 5:00-7:00 p.m. at the Blue Goose in Loomis. The early evening reception will include food, beverages, and a scripted program that highlights the success of the past five years and pays tribute to those who made our success possible. "Save the Date" information was distributed in August, and a formal printed invitation will be mailed this week. The guest list includes current and former Board members, elected leaders, business partners, supporters, and expansion prospects.

SB1383 COMPLIANCE SOLUTION - FINAL UPDATE
After several months including introducing this solution and negotiating with Greenleaf and presenting at your Council meetings, I'm happy to report efforts have concluded. We landed with six member agencies participating. I want to thank the Board for supporting the pursuit and consideration of this solution. Whether agencies joined this effort or considered other options, our region is well ahead of the curve on compliance.

We landed in total just a shade short of 10,000 attributes to qualify for Tier 2 pricing. As a result of our great working relationship with Greenleaf, Greenleaf was willing to round up to qualify our members for Tier 2 pricing which will save funding for all participating members (e.g., Auburn will save $10,000). A fabulous ending to this very successful endeavor.

LOOMIS EGGPLANT FESTIVAL
Pioneer is excited to participate in the Loomis Eggplant Festival on October 7th once again. The community event promotes local businesses, organizations, and the citizens of Loomis. The event takes place at the historic

Page 1 of 2 ends

Agenda Item: IV-B Agenda Date: 9/28/2023
Loomis Train Depot and Blue Anchor Park from 10am - 4pm. In addition to sharing information about Pioneer and answering customer questions, Pioneer is partnering with 4ever Yours Rescue, a non-profit dog rescue, to help find animals their forever home. State Senator Roger Nielo and Assemblymember Joe Patterson are tentatively expected to visit the booth.

CALIFORNIA INDEPENDENT SYSTEM OPERATOR {"CAISO"} TOUR
As we exit out of the cooling season, tours of the CAISO facility in Folsom will resume. Staff will gauge the Board's interest in visiting CAISO late 2023 or early 2024.

COMMUNITY ADVISORY COMMITTEE
The Community Advisory Committee convened in August to recommend the contract with Greenlite Lighting to support the implementation of an LED lighting program. The September meeting was cancelled. The next meeting is scheduled for late October.

EXECUTIVE DIRECTOR POWER SUPPLY CONTRACTS EXECUTIED
The following agreements have been executed by the Executive Director, consistent with the authority delegated by the Board:
> .. . . •<i\ .. ; >' < E>cecution
c~Jr1terl)~rty'NJrii/ • 0Date
Notional··.
\J~l~e
Long Beach Generation LLC 8/3/2023 Buy Resource Adequacy $ 46,800,000 Presentations and Relevant Meetings attended by the Executive Director

1. Participated in CalCCA Weekly/Monthly Board meetings.

2. Presented at Nevada County's South County Municipal Advisory Committee

3. Presented at Nevada County Board of Supervisors

ATTACHMENTS

1. Agenda Planning Document

2. Monthly Legislative and Regulatory Report

3. Monthly Public Outreach Report

Page 2 of 2 ends

Agenda Planning Document – Pioneer Community Energy Updated 9-22-2023 C:\Users\TeresaWillock\Pioneer Community Energy\Executive Director - General Documents\Board\Board Meeting Templates

BOARD OF

DIRECTORS
Special Meeting
(rescheduled from 9/21)
SEPTEMBER 28, 2023
3:00 PM
(Post Agenda: September 22)
OCTOBER 19, 2023
3:00 PM
(Post Agenda: October 13)
NOVEMBER 16, 2023
3:00 PM
(Post Agenda: TH, November 9)

IN THE FUTURE
CAISO facility tour (late 2023 or 2024)
General Function I Agenda Review Agenda Review Agenda Review Consent
1a
Minutes for Approval
JULY 20, 2023
Minutes for Approval
SEPTEMBER 21, 2023
Minutes for Approval
OCTOBER 19, 2023
(DEC-JAN) RES Adopt 2024 Governing
Board Meeting Schedule
1b Receive Draft Financials: JULY 2023
(Koehn)
Receive Draft Financials: AUGUST 2023
(Koehn)
Receive Draft Financials: SEPT 2023
(Koehn)
1c RES authorizing Manager Quantitative
Analysis & Modeling Position (Koehn)
1d RES establishing a Special Program
Fund (Budget) for Program Purposes
(Koehn)
1e RES approving Power Content Label
(Kang)
Regular
2 Nevada County – Impact Assessment
(Discussion-Eckert)
PEA
RES Risk Oversight Policy Update
(Action-Koehn)
RES Contract Renewal -Calpine Data
Management (Action – Koehn)
Calpine
(DEC 14) New Member Reserves Target –
Nevada City & Grass Valley
(DEC 14) Public Hearing - Rates 2024
3 RES Amend JPA re: Approval to move
forward with expansion into Nevada
County – approve 30-day Notice for
NOV 16 vote (Action-Eckert)
2023 Legislative Session in Review
(Discussion-Kang)
RES Amend JPA re: Expansion into
Nevada County (Action – Eckert)
(DEC 14) RES Amend JPA re: Expansion
Process & Admin Updates (Action – Eckert)
4 RES NextEra contract (Action-Kang)
NextEra
Net Billing Tariff (Action-Eckert) Nevada City & Grass Valley Expansion update (Discussion-Eckert)
(JAN 18) Annual Audit Report
5 RES approving Program for Approval
contract (Action-Eckert)
Greenlite
RES Amend JPA re: Expansion Process &
Admin Updates – approve 30-day
Notice for DEC 14 vote (Action – Eckert)
Programs Update (Discussion-Eckert) WPWMA Biomass Plant update (Discussion-Kang)
6 Financial Review FY 22-23 (Discussion-Koehn)
Maher (optional)
Feed-In Tariff
Update on Prepay Transaction
New Proposed Rates: RES-BCT; Green75;
General Function II
IV-B
Executive Director’s Report
Reports: Leg/Reg; Community Engagement;
update on 5-year celebration; Eggplant
Festival;
Executive Director’s Report
Reports: Leg/Reg; Community Engagement;
Quarterly Strategic Plan update; Sponsorship
Activities; Income-Based Fixed Charge; EPSS
Update
Executive Director’s Report
Reports: Leg/Reg; Community Engagement;
Executive Director Report-QTRLY Updates
JAN – APR – JULY – OCT
 Strategic Plan Objectives
 Sponsorship Activity
 Income-Based Fixed Charge for IOUs
IV-C Informational Items
Glossary of Terms
Informational Items
Glossary of Terms
Informational Items
Glossary of Terms
Agenda Planning Document – Pioneer Community Energy Updated 9-22-2023 C:\Users\TeresaWillock\Pioneer Community Energy\Executive Director - General Documents\Board\Board Meeting Templates

AUDIT/FINANCE COMMITTEE
WEDNESDAY, 12/6/23
3:00 PM
in-person & remote locations

DATE IN THE FUTURE
Greg Janda, Chair
Holly Andreatta
John Hidahl
Gary Petersen
Rates Discussion
Audit Update

ENERGY PROCUREMENT REVIEW

AD HOC COMMITTEE
DATE
zoom only DATE IN THE FUTURE
John Hidahl, Chair
Greg Janda, Vice Chair
Amanda Cortez
Alice Dowdin Calvillo
2024 – Q1

EXPANSION

AD HOC COMMITTEE
DATE
zoom only DATE IN THE FUTURE
Jim Holmes, Chair
Alice Dowdin Calvillo, Vice Chair
David Yarbrough
2024 – Q1
By-Laws Article V, Section 5.3
Each committee shall on an annual basis choose its officers, comprised of a Chairperson and Vice-Chairperson
Ad Hoc Member Limit fewer members than majority of board (<6) Ad Hoc Member Limit fewer members than majority of board (<6) PICf)NEEA

COMMUNITY ENERGY
Pioneer Community Energy Legislative and Regulatory Update September 28, 2023
Legislative Affairs
California Legislature and Capitol Update:

The 2023 Legislative Session concluded on September 14, 2023; the Governor has until October 14, 2023 to sign or veto all bills on his desk, or they will become law on January 1, 2024; Pioneer staff will update the final bill statuses at the October Board Meeting.

Listed below are Pioneer's bills of interest and their current statuses. 2023 Pioneer Bill Proposals:

AB 625 (Aguiar-Curry):
• This bill, among other things, would have required the California Public Utilities Commission (CPUC) to continue the BioMAT program until implementation of the provisions authorizing CCAs to participate in the program has been resolved and adequate time is given to CCAs to participate in the program.
• The bill was held in Assembly Appropriations and is dead SB 488 (Alvarado-Gil):
• This bill would have authorized CCAs to participate in the BioRAM program for any portion of a local publicly owned electric utility's required proportionate share of 125 MW that was not procured because of an exemption. • This bill failed passage in the Senate Energy, Utilities, and Communications Committee by a vote of 7-2-9 and is dead
2023 Pioneer Priority Bills to Support or Oppose Unless Amended:

AB 538 (Holden): Support
• Delegates to the California Energy Commission (CEC) the ability to authorize the transformation of the California Independent System Operator (CAISO) into a multistate regional transmission system, if specified requirements are satisfied. Prohibits a California electrical transmission facility owner, a retail seller of electricity, or a local publicly owned electric utility from joining a multistate regional transmission system organization, if specified requirements are not met.
• Assembly Appropriations: Two-year bill
AB 557 (Hart): Support
• Revises the authority of a legislative body to hold a teleconference meeting under abbreviated teleconferencing procedures when a declared state of 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

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emergency is in effect. Extends indefinitely that authority in the circumstances under which the legislative body either 1) meets for the purpose of determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, or 2) has previously made that determination. This bill would incorporate additional changes to Section 54953 of the Government Code proposed by SB 537 to be operative only if this bill and SB 537 are enacted and this bill is enacted last. • Governor's desk
AB 643 {Berman): Support
• Requires the CPUC to commence the consideration of adopting mechanisms for distributed renewable generation interconnections to enforce timelines, reduce administrative burden, and provide transparency and certainty to customers. Requires the CPUC to create process improvements to, and potential timelines for, Electric Rule 21 to address certain types of delays. • This bill was held in Assembly Appropriations and is Dead AB 704 {Jim Patterson): Support
• Requires any residential construction intended to repair, restore, or replace a residential building that was damaged or destroyed as a result of a disaster in an area in which the Governor has declared a state of emergency to comply with the state's requirement for photovoltaic systems that were in effect at the time the building was originally constructed, if certain conditions are met with respect to the building owner's income, insurance coverage, and the location and square footage of the construction.
• This bill was held in Assembly Appropriations and is Dead AB 998 {Connolly): Support
• Requires the CEC to report by December 31, 2025 on utility-scale biomass combustion facilities still in operation as of January 1, 2024 and specifies information the report must contain.
• This bill was held in Senate Appropriations and is Dead AB 1373 {Garcia): Neutral/Watch
• Provides the Department of Water Resources (DWR) authority to act as a centralized procurement entity (CPE) until January 1, 2035 for procurement of "eligible energy resources" and authorizes the CPUC, within 6 months of making that determination, to request the DWR to procure those specified resources that meet the portfolio of resources for Load Serving Entities (LSEs). The bill authorizes the CPUC to order the procurement of resources with specific attributes by LSEs resulting from the integrated resource planning process and require the CPUC to enforce any resource procurement requirements. Requires the CPUC and the CEC to apply capacity payments for LSEs and local Publicly Owned Electric Utilities (POUs) that are deficient in their reliability obligations 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

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until June 30, 2027. This bill authorizes the CPUC additional enforcement and subsequent penalty authority over the LSEs' integrated resource plans. It allows for POUs and LSEs to voluntarily obtain resources that DWR-CPE acquires on their behalf. POUs and LSEs will also have to submit to a nonbypassable charge.

The bill provides that, upon appropriation by the Legislature, additional moneys from the General Fund will be made available for the 2024-25 fiscal year and subsequent fiscal years to support the California Coastal Commission's coastal development permitting of prospective offshore wind energy development in and around regions in which offshore wind energy areas have been leased by the bureau, pending future legislation.
• Governor's Desk
AB 1533 {Committee on Utilities and Energy): Oppose Unless Amended • Serves as the Utilities and Energy Committee's omnibus code clean-up measure. Excludes energy, capacity, or any attribute from the Diablo Canyon Power Plant from counting toward California's statutory renewable energy mandates, zero-carbon resource targets, or climate goals beyond its current retirement date of August 26, 2025.
• Senate Energy, Utilities, and Communications: Two-year bill SB 83 {Wiener): Support
• Requires the CPUC to establish maximum energization time periods by when an electrical corporation would be required to energize a development project.

Requires electrical corporations to energize development projects within the maximum time period established by the CPUC. Requires electrical corporations to compensate development projects for failing to meet the deadline. • This bill was held in Senate Appropriations and is Dead SB 410 {Becker): Support
• Requires the CPUC on or before September 30, 2024 to establish reasonable average and maximum target energization time periods for interconnection projects, establish a procedure for customers to report energization delays, and require the electrical corporations to take remedial actions to achieve CPUC targets and would require all reports to be publicly available. • Governor's desk
SB 537 {Becker): Support
• Allows a board, commission, or advisory body of a multijurisdictional, cross county, local agency with appointed members that is subject to the Brown Act to use alternate teleconference provisions if specified conditions are met.

Requires at least a quorum of members of the legislative body to participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction, requires the legislative body to identify in the agenda each member who plans to participate remotely and to include the address of 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEEA

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the publicly accessible building from each member who will participate via teleconference and prohibits a member from participating remotely pursuant to these provisions unless the remote location is the member's office or another location in a publicly accessible building and is more than 40 miles from the location of the in-person meeting. The bill requires a member who receives compensation for their service on the legislative body to participate from a physical location that is open to the public. Repeals these alternative teleconferencing provisions on January 1, 2026. This bill incorporates additional changes to Section 54953 of the Government Code proposed by AB 557 to be operative only if this bill and AB 557 are enacted and this bill is enacted last.

The bill authorizes the legislative body of a multijurisdictional, cross-county agency, as specified, to use alternate teleconferencing provisions if the eligible legislative body has adopted an authorizing resolution. The bill also requires the legislative body to provide a record of attendance of the members of the legislative body, the number of community members in attendance of the members of the legislative body, the number of community members in attendance in the teleconference meeting in the teleconference meeting, and the number of public comments on its internet website within 10 days after a teleconference meeting.
• Assembly Floor: Two-year bill
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.22-07-005 Order Instituting Limit negative impacts of Rulemaking (OIR) to the Income Based
advance Demand Graduated Fixed Charge
Flexibility through and educate Pioneer
electric rates Board and customers
prior to the rollout
R.22-10-010 Order Instituting Expeditiously implement
Rulemaking to AB 843 to allow CCA
Implement AB 843 access to the BioMAT
(2022) - The Bioenergy program for future
Adjusting Tariff Program subsidies for biomass
procurement
A.20-02-009; A.21-03- PG&E 2019 Energy Reduce the ERRA impact 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

COMMUNITY ENERGY
008; A.21-06-001; Resource Recovery on the PCIA; increase A.22-05-029 Account (ERRA) data transparency from
Compliance Application; the IOUs
PG&E 2020 ERRA
Compliance Application;
2021 ERRA Compliance
Application; 2022 ERRA
Compliance Application;
2023 ERRA Compliance
Application; 2023 ERRA
Forecast Application;
2024 ERRA Forecast
Application
R.20-08-020 Rulemaking to develop a Mitigate impacts to successor to existing Net Pioneer NEM customers
Energy Metering (NEM) and inform customers of
tariffs and to review and upcoming changes to the
refine existing NEM program
tariffs
R.21-03-011 Provider of Last Resort Limit the impacts of (POLR) Order Instituting changes to the Financial
Rulemaking Security Requirement
(FSR)
R.17-09-020; R.19-11- Resource Adequacy (RA) Refine the current RA 009; R.21-10-002 Reform & Program construct;
Implementation Tracks reduce volatility of RA
prices; increase RA
procurement availability
and grid reliability
R.18-12-005 Utility De-energization, Reduce impacts of PSPS Public Safety Power and EPSS events;
Shutoffs (PSPS), and increase coordination
Enhanced Powerline and communications
Safety Settings (EPSS) with IO Us to ensure
public safety during de-energization; limit PSPS
and EPSS impacts on
CCA load scheduling
CEC - OIR - 21-OIR-03, Load Management Ensure Pioneer Maintains 23-LMS-01 Standards (LMS) compliance with CEC
2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

COMMUNITY ENERGY
mandates and
requirements
R.19-09-009 Microgrids Rulemaking Ensure Pioneer's
inclusion in microgrid
programs
AB 843 OIR:
• The OIR was opened on October 20, 2022, to examine issues in the implementation of AB 843 which Pioneer and other CCAs championed in 2021. • A Workshop was held on April 28, 2023 to provide a venue to discuss the process for administration of CCA BioMAT contract terms and conditions, tariffs, program queue coordination, cost recovery, contract management, and oversight.
• CalCCA held a meeting on August 28, 2023 with the IOUs to discuss issues surrounding Accion .
• A Proposed Decision is expected in late September 2023.

Demand Flexibility:
• On July 14, 2022, the Commission issued an OIR to begin this proceeding to establish demand flexibility policies and modify electric rates to advance the following objectives: 1) enhance the reliability of California's electric system; 2) make electric bills more affordable and equitable; 3) reduce the curtailment of renewable energy and greenhouse gas emissions associated with meeting the state's future system load; 4) enable widespread electrification of buildings and transportation to meet the state's climate goals; 5) reduce long-term system costs through more efficient pricing of electricity; and 6) to enable participation in demand flexibility by both bundled and unbundled customers. • As part of this Proceeding, legislation passed last summer gave the CPUC the authority to approve a pricing structure that incorporates an Income Based Graduated Fixed Electricity Charge (IGFC). The changes would restructure customers' bills into two parts: first the fixed charge which pays for the grid (infrastructure improvements, wildfire mitigation efforts, settling wildfire lawsuits, and providing assistance to low-income customers, etc.), and second the costs of the volumetric amount of electricity customers use. The objective is to lessen the burden of electrical rates on lower income customers as the fixed charge would be the lowest for low-income customers and the volumetric rate would be lower than it is currently. The fixed charge would be in the mid-range for middle-income earners and the highest for high-income earners. • There are several proposals by parties and several issues surrounding these proposals: how will income be verified, would lower volumetric rates discourage 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEEA •

COMMUNITY ENERGY
energy efficiency efforts, would the IGFC encourage electrification, what would the impacts be for solar customers, among others.
• On July 31, 2023, parties submitted Comments on the IGFC Implementation Pathways considering the AU Ruling's questions. CalCCA reviewed the Comments and submitted Reply Comments on August 21, 2023 to refute parties arguments regarding including the PCIA or Competitive Transition Charge (CTC) as fixed costs eligible for inclusion in the IGFC. Additionally, CalCCA responded to further support its proposal that CCAs should be involved in marketing and implementation working groups for IGFC development. Specifically Reply Comments argue: 1) that the CPUC should define fixed costs eligible for the IGFC as costs that do not vary with electricity consumption to clear up any remaining confusion in this proceeding; 2) The CPUC should not consider generation costs as eligible fixed costs for the IGFC as it would require untenable and administratively burdensome processes like restructuring the PCIA and other generation rate components; 3) The CPUC should provide the opportunity for CCAs to provide input in the marketing, education, outreach, and implementation working groups to maximize customer understanding and acceptance of bill changes related to the IGFC.
• The IGFC is supposed to be authorized by July 1, 2024 and could go into effect in 2026.
• CalCCA is close to a joint stipulation with other parties that the PCIA should not be included in the IGFC.

Net Billing Tariff {NBT):
• This Proceeding created a successor Program to NEM 2.0 to address some of the identified issues with the existing Program. The objective is to increase equity and eliminate cost shifts onto lower income customers who are subsidizing, to some degree, residential solar owners. The Proposed Decision (PD) was voted out unanimously at the December 15, 2022 Commission Voting Meeting and new solar customers that sign up after April 14, 2023 will be placed on NBT.
• On August 2, 2023, the CPUC issued a Proposed Decision on the remaining issues in the NBT proceeding, including virtual NEM, enhanced consumer protection, and fuel cell participation. The NBT Joint CCA billing group is working to require IOUs to work with CCAs on billing presentment confusion issues and how bills will be displayed and explained. Comments on the August 2, 2023 PD were filed on August 8, 2023 by Joint CCAs: SDCP, PCE, Pioneer, SCP, RCEA, and SJCE. The comments argued that the Proposed Decision, with some adjustments, can improve bill clarity for NEM customers and future NBT customers. The Joint CCAs agree with the Commission that further stakeholder processes on bill presentment are needed to improve customer understanding 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update PICt)NEER

COMMUNITY ENERGY
of NBT bills. As part of the Commission's suggested approach for improving bill presentment, the Commission should direct parties to consider bill presentment issues for unbundled customers. The CCAs request that the CPUC amend the Proposed Decision to include a collaborative process with the IOUs. The Joint CCAs urge the Commission to keep the record open to allow the Commission to address bill presentment questions that arise during implementation. • A California appeals court will hear a lawsuit seeking to overturn the CPUC's rooftop solar decision which significantly reduced the credits customers receive.

Customers would no longer be credited at the retail rate of electricity when their systems generate excess energy but be paid at the "actual avoided cost." Critics of NBT/NEM 3.0 say that it will undercut the incentive for customers to install solar on their homes and businesses.

PG&E ERRA Compliance and ERRA Forecast:
• The ERRA Proceedings act 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-a-vis collected revenues through the IOUs' General Rate Case (GRC) which ultimately affects CCA rates through the Power Charge Indifference Adjustment (PCIA).
• 2024 PG&E ERRA Forecast: PG&E's 2023 - 2024 ERRA Forecast and Testimony came out on May 15, 2023. NewGen sent over the new rate forecast spreadsheet on June 1, 2023. The forecast looks good with the PCIA remaining negative over many vintages, but this will change before the October Update.

Keyes and Fox filed a Protest to PG&E's Forecast Application on June 16, 2023. • On August 10, CalCCA filed a Protest to PG&E's ERRA Trigger Application proposing a rate increase in November to correct and account for under-collections. • Also being considered in this Proceeding are the IOUs' "fixed generation costs" - fixed generation costs are costs paid by bundled customers as customers depart to CCAs. In a hypothetical scenario where there is "the last bundled customer," how would these costs be dealt with? CCAs are concerned that the AU Ruling seeking comments on fixed generation costs may be an invitation to include as many of these costs as possible into a new nonbypassable charge for CCA customers and the potential for relitigating the PCIA Rulemaking within an expedited ERRA Forecast Proceeding in which there is a de facto prohibition on policymaking. As such, CalCCA recommends that dealing with fixed generation costs requires a second phase to the Proceeding. CalCCA also needs an appropriate definition of these costs and to know if these costs are the same for all the IOUs. CalCCA also asks if these costs will be accounted for in a manner different from current practices and at what threshold of remaining bundled customers should the CPUC consider alternatives to cost recovery mechanisms, 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneercommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEEA

COMMUNITY ENERGY
including the divestment of utility owned generation assets by selling them in the open market.
• CalCCA provided Testimony on the 2024 PG&E ERRA Forecast case on September 6, 2023 and touched upon the fixed generation cost issue. • There is currently a $947 million under collection in the PABA account which would result in an increase in PCIA rates relative to what was filed by 1 cent to 1 and a half cents compared to today. It will be somewhat mitigated by bundled customers who will also have to pay this. PABA for 2023 is going to push PCIA rates up. This would impact January 2024 rates.

Resource Adequacy:
• On May 25, 2023, the CPUC issued a PD barring non-compliant LSEs from expansion for two calendar years following a system RA deficiency. CalCCA filed Opening Comments on June 14, 2023 and Replies on June 19, 2023. • CalCCA's comments recommended that the Commission fully reject the PD's restrictions on LSE expansion due to RA deficiencies, and also to modify the RA deficiency penalty clarifications.
• On June 27, 2023, a Redlined PD was issued. The revisions included: adopting a one percent minimum threshold for RA deficiencies that would limit CCA expansions; clarifying that if an LSE "cures" its year-ahead RA deficiency in the month-ahead timeframe, the year-ahead deficiency will not be applied to the expansion requirement. The PD was adopted by the Commission at their June 29, 2023 Voting Meeting.
• Subsequently, in late July 2023, CalCCA and CCCE filed two Applications for Rehearing (AfR) of the decision to limit CCA expansion for two years due to uncured RA deficiencies. CalCCA's PfR cited a lack of CPUC statutory authority to limit CCA expansion, and that it gives itself new unauthorized powers to needlessly discriminate against CCAs to prevent their growth; it also asserted, that without credible evidence, the CPUC determined that addition of new CCA load would be detrimental to grid reliability, and that the decision violates the CPUC's legal requirement to apply RA enforcement measures in a nondiscriminatory manner, not just to CCAs. The CPUC's deadline for a response has passed, and CalCCA may bring suit to the Commission over the decision. • The latest decision was issued on 9/5. The decision modifies Resolution E-5258 to add additional facts and support for the Commission's finding that CCCE's and EBCE's past RA deficiencies provided sufficient evidence to suggest that future cost shifting would occur if CCCE and EBCE were to expand their respective service areas in 2024. In all other respects, the rehearing decision upholds Resolution E-5258 and provides legal support for the findings and conclusions made in the Resolution Energy Division hosted a workshop on September 7, 2023 to demonstrate and answer questions on the SOD showings 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEEA

COMMUNITY ENERGY
tool LSEs will use to make their RA showing under slice-of-day beginning for the test year. Energy Division will host Office Hours, in which parties can submit questions and comments beforehand and Energy Division will respond. Office hours are tentatively scheduled for September 21, October 19, November 16, 2023. Submit questions three days prior to the office hour. CalCCA tiger team is working to come up with questions for ED for these office hour meetings.

Utility Deenergization, PSPS, and EPSS:
• Pioneer staff is leading an effort among Joint CCAs and other stakeholders asking the CPUC for the consideration of PG&E's Enhanced Powerline Safety Settings (EPSS) issues in the Deenergization or its own Proceeding . Pioneer, along with Joint CCAs, Joint Local Governments, and Rural County Representatives of California (RCRC), filed a motion with the CPUC on July 12, 2022, to consider EPSS issues in the Deenergization or its own Proceeding. The arguments in the motion are to treat EPSS events with the same regulations and oversight as Public Safety Power Shutoff (PSPS) events. • On August 2 and 3, 2023 the CPUC held their fourth annual Preseason PSPS Workshops examining IOUs efforts prior to the 2023 peak PSPS season to discuss lessons learned and efforts moving into the 2023 PSPS season. At the two virtual briefings, the IOUs presented on their efforts to mitigate customer impacts and identified changes to processes or operations in 2023 based on lessons learned. Fast Trip programs for all utilities were also discussed. • The Joint Parties and CCAs recently provided feedback with the Office of Energy Infrastructure Safety at the California Natural Resources 'Agency which has oversight on PG&E's Revised 2023-2025 Wildfire Mitigation Plan (WMP). The feedback recommended further addressing issues with the EPSS program in the WMP and argued that PG&E must perform system hardening and infrastructure improvements to reduce the risk, number, frequency, and duration of EPSS outages.

Provider of Last Resort (POLR):
• This OIR will implement Provider of Last Resort (POLR) requirements directed by SB 520 and will establish cost allocation and recovery for the POLR. • Phase 1: IOUs as the POLR seeks to:
• Establish new policies to plan for and prevent catastrophic failures in the event of an unplanned return en masse of CCA customers to IOU service. • Review and update existing procedures and policies for Financial Security Requirements (FSR), reentry fees, and LSE deregistration process and compliance requirements.
• Address last-minute procurement in which market conditions have led to a shortfall of resource capacity that could put the POLR at risk and increase the cost to returning customers and bundled customers.
2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

COMMUNITY ENERGY
• Advance indicators of financial instability that could help provide orderly, less costly transitions to the POLR.
• CalCCA's Reply Briefs were submitted on July 31, 2023 and address PG&E's proposal to modify the FSR to reflect two months of forecast energy costs, other parties recommendations on elements of the existing FSR calculation, mandatory contract assignments, financial monitoring, and the duration of POLR service.
• This proceeding is expected to have a decision and an outcome by the end of 2023. CalCCA is waiting for that expected PD. In anticipation of the PD, CalCCA will be holding ex partes with CPUC Commissioners' Offices to reiterate CalCCA's position on financial monitoring to limit monitoring to LSEs for only those that are at financial risk of failure and to deny PG&E's proposal that the FSR be based on two months of energy costs. CalCCA has circulated their slide deck of issues to be discussed at the ex parte meetings.

CEC Load Management Standards (LMS):
• LMS/MIDAS: Joint IOUs and CCAs sought an extension of the July 1, 2023 MIDAS rate data upload deadline once the CEC finalizes the MIDAS protocols.

They sought to delay the requirement by nine months. This request was denied by the CEC. Ultimately, the CEC only allowed a minimal extension of the rate upload deadline to August 1, 2023 and additional uploads by October 1, 2023. • Pioneer, through Calpine, uploaded its rates by the August 1, 2023 deadline and will continue to work with Calpine on uploading all time dependent rates by the October 1, 2023 deadline. By April 1, 2024, all CCAs are required to file their plan for compliance with all LMS regulations.

Microgrids Rulemaking/Microgrid Multi-Property Tariff:
• Track 5 of the Microgrids Rulemaking is considering issues related to a microgrid multi-property tariff. The issues to be determined or otherwise considered are: 1) What guiding principles should the Commission adopt to assist in the development of a microgrid multi-property tariff? 2) Whether PG&E should modify its Community Microgrid Enablement Tariff for the purposes of a statewide microgrid multi-property tariff. 3) Whether PG&E, SCE, and SDG&E should form a single, unified multi-property tariff for statewide application.

Should this single, unified multi-property tariff be modeled from PG&E's Community Microgrid Enablement Tariff? 4) To what extent should a single, unified microgrid multi-property tariff align with or impact environmental and social justice communities; including the extent to which it could impact achievement of the Commission's Environmental and Social Justice Action Plan goals?
• On July 31, 2023, PG&E submitted its Community Microgrid Enablement Tariff into the record of this proceeding. An AU Ruling issued on August 8, 2023 2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Plf)NEER

COMMUNITY ENERGY
ordered PG&E, SCE, and SDG&E to develop and submit into the record a pro-forma Standard Multi-Property Microgrid Tariff, and any necessary utility-specific deviations, that is based on PG&E's Community Microgrid Enablement Tariff. On October 9, 2023, the pro-forma Standard Multi-Property Microgrid Tariff shall be submitted into the record of this proceeding. The IOUs will be releasing their proposed tariffs in a few weeks, and the Joint CCAs, including Pioneer, will submit comments. Opening Comments on the IOUs' pro-forma Standard Multi-Property Microgrid Tariff, and any necessary utility-specific deviations, will be filed on October 27, 2023. Reply Comments will be filed on November 10, 2023.
2510 Warren Drive, Suite B, Rocklin, CA 95677 (916) 758-8969 PioneerCommunityEnergy.org September 28, 2023 - Pioneer Community Energy Legislative and Regulatory Update Marketing Report - September 2023
July-August 2023
Notable Accomplishments
Plf)NEER

COMMUNITY ENERGY
Pioneer Community Energy's newly branded website, which now contains a chatbot for enhanced customer service, received a Gold Award in the dotCOMM awards, an international competition administered by the Association of Marketing and Communication Professionals (AMCP) that honors excellence in web creativity and digital communication. This competition is unique because it reflects the role of creative talent in the dynamic web, transforming how we market and communicate products and services.

Highlights
• Expansion outreach continues using a variety of communications mediums. We have reached our target audiences via events, mailers, and paid advertising. The expansion page on our website is now the second most-visited page on the site, with nearly 2,000 views per week.
• The Joint Rate Mailer was emailed and mailed this month, containing information that positions Pioneer as a trusted, credible source of energy-related information and savings. Our email open rate of 63% far surpasses the industry average. This mailer also was used as an earned media tool to cultivate and reinforce relationships with local media. • Pioneer successfully integrated website, social media, paid ads, and email marketing efforts to drive success. Our chatbot consistently reduces the volume of calls to our call center, with a monthly decrease of approximately 10%.

Expansion
Our team has been working to position Pioneer as the choice for building a sustainable clean energy future in Nevada City and Grass Valley while remaining committed to providing stable and competitive electricity rates. The following was completed in August:
• Newsprint Ads
Soon, you'll have a choice In energy
options with Pioneer Community Energy
Leammoreat
Pi-Communityl n«'J'l.o«J/rewdentlal
Of bycolng {t 1G} 758 - H69.
- Ads are running weekly in
multiple publications of The
Union newspaper
- -15,000 circulation
• Radio
- Ads are running on hyper-local KVMR radio that
broadcasts to more than
50,000 listeners.
• Mailer to residents, businesses,
multifamily properties, mobile
homes, and trailer parks.
• Paid Digital Advertising
Pioneer: Your Trusted Energy
■ P onecr [nergy Your Trusted
Source forNotT or-Prof1t StJblc-.

Comniun ity-Run Power 8
Google, paid social and banner ads
with Yuba Net are running
• Google
- 200,000 impressions
- 851 clicks
• Paid Social
- 130,000 impressions
- 1,091 clicks
• YubaNet
- 170,000 impressions
- 107 clicks
All efforts are driving people to
the expansion webpage. The
expansion page is now the second
most visited page on the site, and
people are returning, demonstrating
that the site is a trusted source for
updated information.
12,370 5,412
100%of 100% of
total total
Pioneer
Community 2,434 1,707
Energy
Pioneer
Community
Energy I 1,946 1,018 Coming soon
to Grass Valley
& Nevada City
Pioneer
Community 1,418 1,106 Energy I
Residential
Joint Rate Mailer
Events Held or Attended
• Folsom Broker Tour Presentation
• Auburn Senior Center Field Days
Grass Valley Nonprofit
Organization Presentation
• Granite Bay Municipal Advisory Council
• Shingle Springs Cameron Park
Chamber of Commerce
Joint Rate Mailer Email Distribution
99,308 Residential 97.4% Delivered
• Lincoln Airport Open House
• Grass Valley Town Hall meeting
• Nevada City Town Hall meeting
• South County Municipal Advisory
Committee Meeting
• Nevada City Merchant's Meeting
63%Opened
The Joint Rate Mailer, a regulatory
requirement of the CPUC, was emailed
and mailed this month. The savings
information positions Pioneer as a
transparent source of energy-related
information. The email open rate of
4,433 Small Businesses 96.2% Delivered 51%Opened
63% far surpasses the industry average
of 2-3%. The mailer also acted as 445 Medium Businesses an earned media tool to reinforce
relationships with local media. 295 Large Businesses
Integrating Digital Channels
Pioneer has successfully integrated website, social media, paid ads, and email marketing to drive success. Our chatbot consistently reduces the volume of calls to our call center,with a monthly decrease of around 10%. Our chatbot consistently reduces the volume of calls to our call center, with a monthly decrease of around 10%.
400
300
200
100

95.5% Delivered 38% Opened (Click rate 4%)

95.3% Delivered 32% Opened (Click rate 5%)
Chat bot User Sessions Per Month
JULY: 4,000 ~ August: 5,800
Website
Pioneer's newly branded website, which now contains a
chatbot for enhanced customer service, has received a
Gold Award in the dotCOMM awards.

Organic Search -
Direct
Website Data
• Visits from Grass Valley IP addresses exceeded
traffic expectations (expected approximately 108,
and had 193)
Organic Social
Display
• Joint Rate Mailer email sent over 746 people to our site via GovDelivery
Email
• Visitors to the "Residential" page on Pioneer's site
spiked to almost 400 visits
Social Media
~ Plonl!t>r Community Energy
w ~]•' .. •j~ IJ~r-Hc,3::. 11 '-''Q:J ,.,1: wc:icr. l=f :),c , L l ~f'(
51 98.08%
Ate, you 'Mi'dfi tc ead)'7 Tai<~ ,impJ;, ,.t~I>• l o
P"'P""' Y"""'.ll 1>nd y<1ur "'milr .,.th w Yddl'e
:!lcliah plan. 1111: ~a•y Lo, ;el 'lllo~.,.,I ind 10 iii)' • 51 Paap/I: Aoacilad °'1111.nlcony
• S... 0.11on,c lffliP""""'°I\S
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1 M~•.C~~r-mun ,ty Enorgy
t, t•d.r .Jtl ''l" .. d "'(d't
i'f.
62 27.07%
We Vlllue cholce In \\here we IIVe. Whal ,,,., buy
ard hew we do buolnoa ... Pioneer Comm..,lly
Encrg'.,' glv,aa us a choice in electrical energy
in ,-, • • o .. J
• Our posts with the greatest reach on our channels included photos of staff participating at local events, expansion topics, and customer testimonial videos.
- 38,465 Impressions
- 325 Clicks
- 4,663 Video Views
0 500 1K 1.5K
August2023
It'& l..lncoln Alrpart Open ~ use lodayt
S1arted off \P~III tt,,e hot alr balloon
launch. P10n,eer is here so slop bl' anti
;--=:-'"": ~rt-r--" ___ .._ - . ~
e 2~7 PosUmpreBS ans
(btal)
• 12 Engagemenis
7 lntemcbons
5f'halDViewe
ORR

28.22%
ER: 5.02%
ER:2.93~
IJ 1ilr 7 .,. 0 A 0
2K
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
DASR - Direct Access Service Request - Request submitted by C&I to become direct access eligible.

Page | 2
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
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.

Page | 3
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.

Page | 4
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.

PCCl - 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).

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.

Page | 5
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 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.

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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.

Pioneer Community Energy Board of DirectorsSeptember 28, 2023

Pioneer Community Energy Board of Directors
September 28, 2023