Agenda packet — Silicon Valley Clean Energy Board of Directors, August 10, 2022 (part 2 of 2)

LONG FORM CONFIRMATION

FOR RESOURCE ADEQUACY CAPACITY PRODUCT
Resource Adequacy Contract Number: SDGE_SELL_SVCE_SYS RA_NO FLEX_AUG 2022 This confirmation letter (“Confirmation”) confirms the transaction (the “Transaction”) between San Diego Gas & Electric Company (“Party A” or “Seller”) and Silicon Valley Clean Energy Authority, a California joint powers authority (“Party B” or “Buyer”), each individually a “Party” and together the “Parties”, dated as of June 28,2022 (the “Confirmation Execution Date”) in which Seller agrees to provide to Buyer the right to the Product, as such term is defined in Section 3 of this Confirmation. This Transaction shall be deemed to have been entered into pursuant to, and shall supplement, form a part of, and be governed by the terms and conditions of the form of Master Power Purchase and Sale Agreement published by the Edison Electric Institute and the National Energy Marketers Association (version 2.1 dated 4/25/00) (the “EEI Agreement”) with a Cover Sheet containing the elections and other changes contained herein as if the Parties have executed the EEI Agreement (with such Cover Sheet the “Master Agreement”). The Parties agree that the only transactions to be concluded pursuant to such Master Agreement shall be the Transaction documented in this Confirmation. The Master Agreement and this Confirmation shall be collectively referred to herein as the “Agreement”. Capitalized terms used but not otherwise defined in this Confirmation have the meanings ascribed to them in the Master Agreement or the Tariff (defined herein). To the extent that this Confirmation is inconsistent with any provision of the Master Agreement, this Confirmation shall govern the rights and obligations of the Parties hereunder.

Name: Party A / Seller Name: Party B / Buyer
Appendix A San Diego Gas & Electric Company
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Appendix A San Diego Gas & Electric Company
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The Parties hereby agree that the General Terms and Conditions are incorporated herein, and to the following provisions as provided for in the General Terms and Conditions:

Article Two
Transaction Terms
and Conditions
 Optional provision in Section 2.4.

If not checked, inapplicable.

Article Four
Remedies for Failure
to Deliver or Receive
 Accelerated Payment of Damages.

If not checked, inapplicable.

Article Five  Cross Default for Party A:

Events of Default; Remedies  Party A: N/A Cross Default Amount: N/A  Other Entity: N/A Cross Default Amount: N/A
 Cross Default for Party B:
 Party B: N/A Cross Default Amount: N/A
 Other Entity: N/A Cross Default Amount: N/A

5.6 Closeout Setoff
 Option A (Applicable if no other selection is made.)
 Option B – Affiliates shall have the meaning set forth in the Agreement unless otherwise specified as follows:
 Option C (No Setoff)
Article 8 8.1 Party A Credit Protection:

Credit and
Collateral Requirements
(a) Financial Information:
 Option A
 Option B Specify:
 Option C Specify:
(b) Credit Assurances:
 Not Applicable
 Applicable
(c) Collateral Threshold:
 Not Applicable
 Applicable
(d) Downgrade Event:
 Not Applicable
 Applicable
(e) Guarantor for Party B: N/A
Guarantee Amount: N/A
Appendix A San Diego Gas & Electric Company
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8.2 Party B Credit Protection
(a) Financial Information:
 Option A
 Option B Specify:
 Option C Specify:
(b) Credit Assurances:
 Not Applicable
 Applicable
(c) Collateral Threshold:
 Not Applicable
 Applicable
If applicable, complete the following:

Party A Collateral Threshold: $ ;
provided, however, that Party A’s Collateral
Threshold shall be zero if an Event of Default or
Potential Event of Default with respect to Party A
has occurred and is continuing.

Party A Independent Amount: $
Party A Rounding Amount: $
(d) Downgrade Event:
 Not Applicable
 Applicable
If applicable, complete the following:
 It shall be a Downgrade Event for Party A if
Party A ‘s Credit Rating falls below
from S&P or from Moody’s or if Party A
is not rated by either S&P or Moody’s
 Other:

Specify:
(e) Guarantor for Party A: N/A
Guarantee Amount: N/A
Article 10
Confidentiality  Confidentiality Applicable If not checked, inapplicable.

Schedule M  Party A is a Governmental Entity or Public Power System  Party B is a Governmental Entity or Public Power System  Add Section 3.6. If not checked, inapplicable
 Add Section 8.4. If not checked, inapplicable
Note to Buyers: If Buyer is a form of governmental entity, then Schedule M shall apply and further modifications to this Confirm will be needed.

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Other Changes 1. The modifications to Section 1.12, 1.50 and 5.2 of the Master Agreement specified in that certain Errata
published by the Edison Electric Institute (version 1.1, July 18, 2007) are hereby incorporated herein as if set forth in full.

2. Section 1.23 is amended by inserting the following before the period at the end of the second sentence: “, or (v) Buyer’s inability to use the Product purchased hereunder due to decertification of its CPUC implementation plan, or by cessation or termination of Buyer’s Joint Powers
Agreement by any or all of its members”.

3. Section 1.60 is amended by inserting the words “in writing” immediately following the words “agreed to”.

4. In Section 2.1, delete the first sentence in its entirety and replace with the following:
“A Transaction, or an amendment, modification or
supplement thereto, shall be entered into only upon a
writing signed by both Parties evidencing the
commercial terms of such Transaction (a
“Confirmation”).”

5. Section 2.3 is deleted in its entirety and replaced with the following:
“2.3 No Oral Agreements or Modifications.

Notwithstanding anything to the contrary in this Master Agreement, the Master Agreement and any and all
Transactions may not be orally amended,
supplemented or modified and any such amendment,
supplement or modification shall only be effective
pursuant to a writing signed by both Parties.”

6. Section 2.4 is hereby amended by deleting the words
“either orally or” in the sixth line.

7. Section 10.2(ii) of the Master Agreement shall be modified by inserting “Except for the approval by the CPUC as
stated in Section 2.2 of this Confirmation,” at the
beginning of the first sentence in such section.

8. Section 10.6 of the Master Agreement shall be deleted in its entirety and replaced with the following:
“10.6 THIS AGREEMENT AND THE RIGHTS AND

DUTIES OF THE PARTIES HEREUNDER SHALL BE
Appendix A San Diego Gas & Electric Company
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GOVERNED BY AND CONSTRUED, ENFORCED

AND PERFORMED IN ACCORDANCE WITH THE

LAWS OF THE STATE OF CALIFORNIA, WITHOUT
REGARD TO PRINCIPLES OF CONFLICTS OF LAW.

TO THE EXTENT PERMISSIBLE UNDER

APPLICABLE LAW, EACH PARTY WAIVES ITS

RESPECTIVE RIGHT TO ANY JURY TRIAL WITH

RESPECT TO ANY LITIGATION ARISING UNDER OR
IN CONNECTION WITH THIS AGREEMENT.”

9. Schedule M is amended, with respect to Party B, as
follows:
(a) Paragraph A is amended by deleting the term “Act”
and replacing it with the following:
“Act” means the Joint Exercise of Powers Act of
California (Government Code Section 6500 et
seq.).”
(b) Section 3.4 of Paragraph D is deleted in its entirety and replaced with the following:
“Party B’s Deliveries. Upon request, Party B shall
provide to Party A copies of all ordinances,
resolutions, public notices and other documents
evidencing the necessary authorizations with
respect to the execution, delivery and
performance by Party B of this Master Agreement
and any Confirmations executed in connection
therewith.”
(c) Paragraph G is deleted in its entirety and replaced with the following:
“NOTWITHSTANDING THE FOREGOING, IN

RESPECT OF THE APPLICABILITY OF THE

ACT AS HEREIN PROVIDED, THE LAWS OF
THE STATE OF CALIFORNIA SHALL APPLY.”

10. Schedule P: Products and Related Definitions shall be deleted in its entirety.

1. Definitions

1.1 “Applicable Laws” means any law, rule, regulation, order, decision, judgment, or other legal or regulatory determination by any Governmental Body having jurisdiction over one or both Parties or this Transaction, including without limitation, the Tariff.

1.2 “Availability Incentive Payments” has the meaning set forth in the Tariff.

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1.3 “Availability Standards” has the meaning set forth in the Tariff.

1.4 “Buyer” has the meaning specified in the introductory paragraph.

1.5 “CAISO” means the California Independent System Operator Corporation, or any successor entity performing the same functions.

1.6 “Capacity Attributes” means (a) the Local RA Attributes, (b) the RA Attributes, (c) the Flexible RA Attributes, and (d) any other current or future defined characteristics (including the ability to generate at a given capacity level, provide ancillary services, ramp up or down at a given rate, and flexibility or dispatch-ability attributes), certificates, tags, credits, howsoever entitled, including any account construct applied to any Compliance Obligations, based on the applicable Unit’s electric generation capacity.

1.7 “Capacity Price” means the price specified in the Capacity Price Table in Section 4.1.

1.8 “Capacity Replacement Price” means (a) the actual rate per kW-day paid for any Replacement Capacity purchased by Buyer pursuant to Section 5.2(a) including any penalties, fines, transaction costs and expenses reasonably incurred by Buyer in purchasing such Replacement Capacity, or (b) absent a purchase of Replacement Capacity, any penalties, fines, transaction costs and expenses plus the per kW-day market price for the Product not delivered by Seller under this Confirmation. Buyer shall determine such market prices in a commercially reasonable manner. For purposes of Section 1.51 of the Master Agreement, “Capacity Replacement Price” shall be deemed the “Replacement Price” for this Transaction.

1.9 “Compliance Obligations” means the RAR, Local RAR, Flexible RAR, and other resource adequacy requirements associated with a generating unit’s Capacity Attributes established for LSEs by the CPUC pursuant to the CPUC Decisions, or by any other Governmental Body having jurisdiction.

1.10 “Compliance Showing” means one or more of the following: (a) Local RAR Showing, (b) RAR Showing, (c) Flexible RAR Showing, or (d) other Capacity Attributes compliance or advisory filing (or similar or successor showing or filing), in each case, that an LSE is required to make to the CPUC (and/or, to the extent authorized by the CPUC, to the CAISO), pursuant to the CPUC Decisions, or to any Governmental Body having jurisdiction.

1.11 “Confirmation” has the meaning specified in the introductory paragraph.

1.12 [Reserved]

1.13 “Confirmation Execution Date” has the meaning specified in the introductory paragraph.

1.14 “Contract Price” means, for any day in any Monthly Delivery Period, the Capacity Price for such period.

1.15 “Contract Quantity” means the quantity of Product (in MW) as set forth in Section 3.4.

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1.16 “Contract Term” has the meaning set forth in Section 2.1.

1.17 “CPUC” means the California Public Utilities Commission.

1.18 “CPUC Decisions” means CPUC Decisions 04-01-050, 04-10-035, 05-10-042, 06-04- 040, 06-06-064, 06-07-031, 07-06-029, 08-06-031, 09-06-028, 10-06-036, 11-06-022, 12-06-25, and any other existing or subsequent decisions, resolutions or rulings related to resource adequacy, as may be amended from time to time by the CPUC.

1.19 “CPUC Filing Guide” is the annual document issued by the CPUC which sets forth the guidelines, requirements and instructions for LSEs to demonstrate compliance with the CPUC’s resource adequacy program as provided in the CPUC Decisions.

1.20 “Credit Rating” means, with respect to any entity, the rating assigned to such entity’s unsecured, senior long-term debt obligations (not supported by third party credit enhancements) by S&P, Moody’s or any other rating agency agreed by the Parties as set forth in the Master Agreement, or if such entity does not have a rating for its senior unsecured long-term debt, then the rating then assigned to such entity as an issuer rating by S&P, Moody’s or any other rating agency agreed by the Parties as set forth in the Master Agreement.

1.21 “Delivery Period” has the meaning specified in Section 3.3.

1.22 “Emission Reduction Credits” or “ERC(s)” means emission reductions that have been authorized by a local air pollution control district pursuant to California Division 26 Air Resources; Health and Safety Code Sections 40709 and 40709.5, whereby such district has established a system by which all reductions in the emission of air contaminants that are to be used to offset certain future increases in the emission of air contaminants shall be banked prior to use to offset future increases in emissions.

1.23 “Environmental Costs” means costs incurred in connection with acquiring and maintaining all environmental permits and licenses for the Product, and the Product’s compliance with all applicable environmental laws, rules and regulations, including capital costs for pollution mitigation or installation of emissions control equipment required to permit or license the Product, all operating and maintenance costs for operation of pollution mitigation or control equipment, costs of permit maintenance fees and emission fees as applicable, and the costs of all Emission Reduction Credits or Marketable Emission Trading Credits (including any costs related to greenhouse gas emissions) required by any applicable environmental laws, rules, regulations, and permits to operate, and costs associated with the disposal and clean-up of hazardous substances introduced to the site, and the decontamination or remediation, on or off the site, necessitated by the introduction of such hazardous substances on the site.

1.24 “Flexible RA Attributes” means, with respect to a Unit, any and all flexible resource adequacy attributes, as may be identified from time to time by the CPUC, CAISO or other Governmental Body having jurisdiction that can be counted toward Flexible RAR, exclusive of any RA Attributes and Local RA Attributes.

1.25 “Flexible RAR” means the flexible capacity requirements, including, without limitation, maximum continuous ramping, load following, and regulation, established for LSEs by the CPUC pursuant to the CPUC Decisions, or by any other Governmental Body Appendix A San Diego Gas & Electric Company
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having jurisdiction. Flexible RAR may also be known as ramping, maximum ramping, maximum continuous ramping, maximum continuous ramping capacity, maximum continuous ramping ramp rate, load following, load following capacity, load following ramp rate, regulation, regulation capacity, regulation ramp rate.

1.26 “Flexible RAR Showing” means the Flexible RAR compliance or advisory filing (or similar or successor showing or filing) an LSE is required to make to the CPUC (and, to the extent authorized by the CPUC, to the CAISO) pursuant to the CPUC Decisions, or to any Governmental Body having jurisdiction.

1.27 “GADS” means the Generating Availability Data System, or its successor.

1.28 “Governmental Body” means any federal, state, local, municipal or other government; any governmental, regulatory or administrative agency, commission or other authority lawfully exercising or entitled to exercise any administrative, executive, judicial, legislative, police, regulatory or taxing authority or power; and any court or governmental tribunal.

1.29 “Local Capacity Area” has the meaning set forth in the Tariff.

1.30 “Local RA Attributes” means, with respect to a Unit, any and all resource adequacy attributes or other locational attributes for the Unit related to a Local Capacity Area, as may be identified from time to time by the CPUC, CAISO or other Governmental Body having jurisdiction, associated with the physical location or point of electrical interconnection of the Unit within the CAISO Control Area, that can be counted toward a Local RAR, but exclusive of any RA Attributes and Flexible RA Attributes.

1.31 “Local RAR” means the local resource adequacy requirements established for LSEs by the CPUC pursuant to the CPUC Decisions, or by any other Governmental Body having jurisdiction. Local RAR may also be known as local area reliability, local resource adequacy, local resource adequacy procurement requirements, or local capacity requirement in other regulatory proceedings or legislative actions.

1.32 “Local RAR Showing” means the Local RAR compliance or advisory filing (or similar or successor showing or filing) an LSE is required to make to the CPUC (and, to the extent authorized by the CPUC, to the CAISO) pursuant to the CPUC Decisions, or to any Governmental Body having jurisdiction.

1.33 “LSE” means load-serving entity.

1.34 “Marketable Emission Trading Credits” means without limitation, emissions trading credits or units pursuant to the requirements of California Division 26 Air Resources; Health & Safety Code Section 39616 and Section 40440.2 for market based incentive programs such as the South Coast Air Quality Management District’s Regional Clean Air Incentives Market, also known as RECLAIM, and allowances of sulfur dioxide trading credits as required under Title IV of the Federal Clean Air Act (see 42 U.S.C. § 7651b.(a) to (f)).

1.35 “Master Agreement” has the meaning specified in the introductory paragraph.

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1.36 “Monthly Delivery Period” means each calendar month during the Delivery Period and shall correspond to each Showing Month.

1.37 “Monthly Payment” has the meaning specified in Section 4.1.

1.38 “Moody’s” means Moody’s Investors Services, Inc. or its successor.

1.39 “NERC” means the North American Electric Reliability Corporation, or its successor.

1.40 “NERC/GADS Protocols” means the GADS protocols established by NERC, as may be updated from time to time.

1.41 “Net Qualifying Capacity” has the meaning set forth in the Tariff.

1.42 “Non-Availability Charges” has the meaning set forth in the Tariff.

1.43 “Outage” means any disconnection, separation, or reduction in the capacity of any Unit that relieves all or part of the offer obligations of the Unit consistent with the Tariff.

1.44 “Planned Outage” shall have the meaning in CPUC Decisions, and includes a planned, scheduled, or any other Outage approved by the CAISO for the routine repair or maintenance of the Unit, or for the purposes of new construction work, and does not include any Outage designated as either forced or unplanned as defined by the CAISO or NERC/GADS Protocols.

1.45 “Product” has the meaning specified in Section 3.1.

1.46 “Prorated Percentage of Unit Factor” means the percentage, as specified in Appendix A, of the Unit NQC as of the Confirmation Execution Date that is dedicated to Buyer under this Transaction.

1.47 “Prorated Percentage of Unit Flexible Factor” means the percentage, as specified in Appendix A, of the Unit EFC as of the Confirmation Execution Date that is dedicated to Buyer under this Transaction.

1.48 “RA Attributes” means, with respect to a Unit, any and all resource adequacy attributes, as may be identified from time to time by the CPUC, CAISO or other Governmental Body having jurisdiction that can be counted toward RAR, exclusive of any Local RA Attributes and Flexible RA Attributes.

1.49 “RA Substitute Capacity” means capacity that the CAISO permits under the CAISO Tariff to be substituted for a Resource Adequacy Resource that is on Outage.

1.50 “RAR” means the resource adequacy requirements established for LSEs by the CPUC pursuant to the CPUC Decisions, or by any other Governmental Body having jurisdiction.

1.51 “RAR Showing” means the RAR compliance or advisory filing (or similar or successor showing or filing) an LSE is required to make to the CPUC (and/or, to the extent authorized by the CPUC, to the CAISO), pursuant to the CPUC Decisions, or to any Governmental Body having jurisdiction.

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1.52 “Replacement Capacity” means capacity which has equivalent Capacity Attributes as the portion of the Product not provided by the Units committed to Buyer as of the Confirmation Execution Date.

1.53 “Replacement Unit” means a generating unit providing Replacement Capacity.

1.54 “Resource Category” shall be as described in the CPUC Filing Guide.

1.55 “RMR Contract” has the meaning set forth in the Tariff.

1.56 “S&P” means the Standard & Poor’s Rating Group (a division of McGraw-Hill, Inc. or its successor).

1.57 “Scheduling Coordinator” or “SC” has the meaning set forth in the Tariff.

1.58 “Seller” has the meaning specified in the introductory paragraph.

1.59 “Showing Month” shall be the calendar month that is the subject of the Compliance Showing, as applicable, as set forth in the CPUC Decisions. For illustrative purposes only, pursuant to the CPUC Decisions in effect as of the Confirmation Execution Date, the monthly RAR Showing made in June is for the Showing Month of August.

1.60 “Substitution Rules” has the meaning set forth in Section 3.8(b).

1.61 “Supply Plan” has the meaning set forth in the Tariff.

1.62 “Tariff” means the tariff and protocol provisions, including any applicable CAISO-published “Operating Procedures” and “Business Practice Manuals,” as amended or supplemented from time to time, of the CAISO.

1.63 “Transaction” has the meaning specified in the introductory paragraph.

1.64 “Unit” or “Units” shall mean the generation assets described in Appendix A (including any Replacement Units), from which Product is provided by Seller to Buyer.

1.65 “Unit Contract Quantity” means the amount of Product (in MW) to be delivered by Seller to Buyer by each individual Unit, as specified in Appendix A as of the Confirmation Execution Date.

1.66 “Unit Delivered Quantity” means the amount of applicable Product (in MW) actually “delivered” by Seller to Buyer by each individual Unit. As used herein, “delivered” shall mean shown in the Supply Plan and, for purposes of Section 4.1, shall include any RA Substitute Capacity under Section 3.9, and in all cases, shall not include (i) any portion of Contract Capacity for which Buyer is required under the Compliance Obligations or the Tariff to procure Replacement Capacity, and (ii) any portion of Contract Capacity for which Seller is required hereunder, but fails, to provide Replacement Capacity to Buyer.

1.67 “Unit EFC” means the effective flexible capacity or capacity that is qualified to provide Flexible RA Attributes established by the CAISO for the applicable Unit.

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1.68 “Unit NQC” means the Net Qualifying Capacity established by the CAISO for the applicable Unit.

2. Term

2.1 Contract Term
The “Contract Term” shall mean the period of time commencing upon the Confirmation Execution Date and continuing until the later of (a) the expiration of the Delivery Period or (b) the date the Parties’ obligations under this Agreement have been fulfilled.

3. Transaction

3.1 Product
(a) Seller shall sell and Buyer shall receive and purchase, the Capacity Attributes (including all Local RA Attributes but excluding Flexible RA Attributes (if any)][and Flexible RA Attributes) of the Units identified in Appendix A (collectively, the “Product”) and Seller shall deliver the Product as described in Section 3.2 below. Product does not include any right to dispatch or receive the energy or ancillary services from the Unit. Seller retains the right to sell any Product from a Unit in excess of its Unit Contract Quantity. (b) The Parties agree that (i) the Contract Price for the Product shall not change if the CAISO, CPUC or other Governmental Body (A) defines new or re-defines existing Local Capacity Areas which decreases or increases the amount of Local RA Attributes provided hereunder, or (B) defines new or re-defines existing Local Capacity Areas whereby the Units qualify for a Local Capacity Area and (ii) if the event in Section 3.1(b)(i)(B) occurs then the Product shall include such Local RA Attributes.

3.2 Contingent Firm Quantity
During the Delivery Period, Seller shall provide Buyer with the Product from the Unit(s) in the amount of the Contract Quantity. Seller shall be excused from delivery of Product to the extent such portion of the Contract Quantity is not available due to a Planned Outage if Seller provides written notification to Buyer of such Planned Outage and Seller’s intent not to provide Replacement Capacity no later than twelve (12) days before the relevant deadline for the applicable Compliance Showing. Except for reasons of Planned Outage that meet the notice requirements of the preceding sentence or Force Majeure or any adjustment of the Capacity Attributes of any Unit(s), if the Unit(s) are not available to provide any portion of the Product, Seller shall provide Buyer with Replacement Capacity from one or more Replacement Units pursuant to Section 5.1. If Seller fails to provide Buyer with Replacement Capacity pursuant to Section 5.1, then Seller shall be liable for damages and/or to indemnify Buyer for penalties, fines or costs pursuant to the terms of Section 5 and Section 11. Seller is obligated to meet the Tariff obligations with respect to Planned Outage approvals.

3.3 Delivery Period
Appendix A San Diego Gas & Electric Company
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3.4 Contract Quantity:

During each month of the Delivery Period, Seller shall provide the Product from each Unit in the total amount for such month as follows:

3.5 Delivery of Product
Seller shall provide Buyer with the Contract Quantity for each day in each Monthly Delivery Period consistent with the following:
(a) Seller shall, on a timely basis, submit, or cause each Unit's SC to submit, Supply Plans to identify and confirm the Unit Delivered Quantity for each Unit provided to Buyer so that the total amount of Unit Delivered Quantity identified and confirmed equals the Unit Contract Quantity for each Unit, unless specifically notified or requested not to do so by the Buyer pursuant to Section

3.8; and
(b) Seller shall submit, or cause each Unit’s SC to submit, written notification to Buyer, no later than fifteen (15) Business Days before the relevant deadline for any applicable Compliance Showing, that Buyer will be credited with Unit Delivered Quantity for the applicable portion of the Delivery Period in the Unit’s SC Supply Plan so that the total amount of Unit Delivered Quantity for each Unit credited equals the Unit Contract Quantity.

3.6 CAISO/CPUC Offer Requirements
Subject to Buyer’s request under Section 3.8(a), Seller shall, or cause the Unit’s SC to, bid and/or schedule with, or make available to, the CAISO the Unit Contract Quantity for each Unit in compliance with the Tariff and the CPUC Filing Guide, including any must offer obligation under the Tariff or the CPUC Filing Guide, and shall, or cause the Unit’s SC, owner, or operator, as applicable, to perform all obligations under the Tariff and the CPUC Filing Guide that are associated with the sale and delivery of Product hereunder. Buyer shall have no liability for the failure of Seller or the failure of any Unit’s SC, owner, or operator to comply with such Tariff and CPUC Filing Guide provisions, including any penalties, charges or fines imposed on Seller or the Unit’s SC, owner, or operator for such noncompliance.

3.7 Reserved
Appendix A San Diego Gas & Electric Company
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3.8 Unit Substitution; RA Replacement Capacity
(a) RA Replacement Capacity: No later than five (5) Business Days before the relevant deadline for each applicable Compliance Showing, Buyer may (i) request, subject to Seller’s reasonable approval, that Seller not, or cause each Unit’s SC not to, list a portion or all of a Unit’s applicable Unit Contract Quantity on the Supply Plan or (ii) notify Seller that a portion or all of the Unit Contract Quantity of a Unit will be included in an applicable Compliance Showing as RA Substitute Capacity. The amount of Unit Contract Quantity that is the subject of such a request or notice shall be known as “RA Substitute Capacity” and, for purposes of calculating a Monthly Payment pursuant to Section 4.1, to the extent provided, such RA Substitute Capacity shall be deemed Unit Delivered Quantity provided consistent with Section 3.6.
(b) Seller’s Obligations With Respect to RA Substitute Capacity: If Buyer requests RA Substitute Capacity, Seller shall (i) make such RA Substitute Capacity available to Buyer during the applicable Showing Month to allow Buyer to utilize, as applicable, the substitution rules in Sections 9.3.1.3.1, 9.3.1.3.2 and

40.9.4.2.1 of the Tariff (“Substitution Rules”) and (ii) take, or cause each Unit’s SC to take, all action to allow Buyer to utilize, as applicable, the Substitution Rules, including, but not limited to, ensuring that the RA Substitute Capacity will qualify, as applicable, for substitution under the Substitution Rules, and providing Buyer with all information needed to utilize the Substitution Rules. (c) Seller agrees that all RA Substitute Capacity utilized by Buyer under the Substitution Rules, as applicable, is subject to the requirements identified in Section 3.8.
(d) Failure to Provide RA Substitute Capacity: If Seller fails to provide RA Substitute Capacity or Buyer is unable to utilize the RA Substitute Capacity under the Substitution Rules due to Seller’s failure to fulfill its obligations under Section 3.8(b)(ii), then Seller shall reimburse Buyer for any and all Non-Availability Charges incurred by Buyer and shall pay Buyer the CPM revenue the CASIO would have paid the Buyer but for Seller failure, due to such failure or inability to utilize the Substitution Rules; provided, that if Buyer is unable to utilize the Substitution Rules because the RA Substitute Capacity does not qualify for substitution under Section 9.3.1.3.1, 9.3.1.3.2, 40.9.4.2.1(1)(i) or (ii) of the Tariff, then Seller shall not be responsible for any such Non-Availability Charges described in this Section 3.8(d) associated with such inability.

3.9 Buyer’s Re-Sale of Product
Buyer may re-sell all or a portion of the Product; provided, however, that any such resale does not increase Seller’s obligations or liabilities under this Confirmation.

Seller will, or will cause the Unit’s SC, to follow Buyer’s reasonable instructions with respect to providing such resold Product to a subsequent buyer (“Subsequent Buyer”) provided that such instructions are consistent with Seller’s obligations under this Confirmation. Seller will, and will cause the Unit’s SC, to: (a) execute such other documents that are necessary and reasonable to allow such Subsequent Buyer to use such resold Product as otherwise permitted by Buyer under this Confirmation, and (b) take such commercially reasonable actions that are no more onerous than the actions Appendix A San Diego Gas & Electric Company
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otherwise required of Seller and the Unit’s SC hereunder to permit such Subsequent Buyer to use such resold Product as otherwise permitted by Buyer under this Confirmation.

4. Payment

4.1 Monthly Payment
In accordance with the terms of Article Six of the Master Agreement, Buyer shall make a “Monthly Payment” to Seller for each Unit after the applicable Monthly Delivery Period, as follows:
where:

A = applicable Contract Price (in $/kW-day) for that calendar day B = Unit Delivered Quantity (in MW) for Capacity Attributes provided by Seller for such Unit in that calendar day; provided, however, in no event shall this quantity “B” exceed the Contract Quantity for such Unit (in MW) for Capacity Attributes nor shall this quantity “B” be less than zero.
d = Total number of calendar days in the respective Monthly Delivery Period The Monthly Payment calculation shall be rounded to two decimal places. In no case shall a Unit's Monthly Payment (or any day in any Monthly Payment) be less than zero.

4.2 Reserved.

4.3 Allocation of Other Payments and Costs
(a) Seller shall retain any revenues it may receive from and pay all costs charged by, the CAISO or any other third party with respect to any Unit for (i) start-up, shutdown, and minimum load costs, (ii) capacity revenue for ancillary services, (iii) energy sales, and (iv) any revenues for black start or reactive power services. Seller shall be responsible for the Environmental Costs associated with the Product and shall indemnify, defend and hold Buyer harmless from and against all third-party claims brought against Buyer for Environmental Costs.
(b) Buyer shall be entitled to receive and retain all revenues associated with the Contract Quantity during the Delivery Period including any capacity or Appendix A San Diego Gas & Electric Company
d
Monthly Payment =
^
G4n * Bn * 1000)
n=1
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availability revenues from RMR Contracts for any Unit, Capacity Procurement Mechanism (CPM) or its successor, and Residual Unit Commitment (RUC) Availability Payments, or its successor but excluding payments described in Section 4.3(a)(i)-(iv).
(c) In accordance with Section 4.1 of this Confirmation and Article Six of the Master Agreement, all such Buyer revenues described in Section 4.3(b), but received by Seller, or a Unit’s SC, owner, or operator shall be remitted to Buyer, and Seller shall pay such revenues to Buyer if the Unit’s SC, owner, or operator fails to remit those revenues to Buyer. In order to verify the accuracy of such revenues, Buyer shall have the right, at its sole expense and during normal working hours after reasonable prior notice, to hire an independent third party reasonably acceptable to Seller to audit any documents, records or data of Seller associated with the Contract Quantity.
(d) If a centralized capacity market develops within the CAISO region, Buyer will have exclusive rights to offer, bid, or otherwise submit the Contract Quantity for re-sale in such market, and retain and receive any and all related revenues. (e) Subject to the Unit being made available to the CAISO in accordance with Article 3 of this Confirmation, Seller agrees that the Unit is subject to the terms of the Availability Standards, Non-Availability Charges, and Availability Incentive Payments under the Tariff. Furthermore, the Parties agree that any Availability Incentive Payments are for the benefit of Seller and for Seller’s account and that any Non-Availability Charges are the responsibility of Seller and for Seller’s account.

4.4 Offset Rights
Either Party may offset any amounts owing to it for revenues, penalties, fines, costs, reimbursement or other payments pursuant to Article Six of the Master Agreement against any future amounts it may owe to the other Party under this Confirmation.

5. Seller's Failure to Deliver Contract Quantity

5.1 Seller’s Duty to Provide Replacement Capacity
Seller will be under no obligation to provide Replacement Capacity in the event of Force Majeure or Planned Outages that are timely noticed to Buyer in accordance with Section 3.2. If Seller is unable to provide the Contract Quantity from any Unit(s) for any day in any Monthly Delivery Period and Replacement Capacity is required under Section 3.2, then:
(a) Seller shall notify Buyer of the non-availability of any portion of the Contract Quantity from any Unit(s) and identify Replacement Unit(s); and (b) Seller shall, at no additional cost to Buyer, provide Buyer with Replacement Capacity from one or more Replacement Units, such that the total amount of Product provided to Buyer from all Units and Replacement Units equals Contract Quantity.

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provided that the designation of any Replacement Unit by Seller shall be subject to Buyer’s prior written approval, which shall not be unreasonably withheld or delayed.

Once Seller has identified in writing any Replacement Units that meet the requirements of this Section 5.1, and Buyer has approved the designation of the Replacement Unit, then any such Replacement Unit shall be deemed a Unit for purposes of this Confirmation for that day in such Monthly Delivery Period. Notwithstanding anything to the contrary in this Confirmation, Seller’s failure to properly provide Replacement Capacity, including Seller’s obligation to identify Replacement Units within the notice deadlines specified in this Section 5.1, may result in the calculation of damages payable to Buyer and/or the indemnification of Buyer against any penalties, fines or costs under Section 5 and Section 11.

5.2 Damages for Failure to Provide Replacement Capacity If Seller fails to provide Buyer any portion of the Contract Capacity from Replacement Units for any day in any Monthly Delivery Period as required by Section 5.1, then the following shall apply:
(a) Buyer may, but shall not be obligated to, obtain Replacement Capacity. Buyer may enter into purchase transactions with one or more parties to replace the portion of Contract Capacity not provided by Seller. Additionally, Buyer may enter into one or more arrangements to repurchase its obligation to sell and deliver the capacity to another party, and such arrangements shall be considered the procurement of Replacement Capacity. Buyer shall act in a commercially reasonable manner in purchasing any Replacement Capacity; and
(b) Seller shall pay to Buyer damages, in accordance with the terms of Section 4.1 of the Master Agreement relating to “Accelerated Payment of Damages,” if applicable, an amount equal to the positive difference, if any, between (i) the sum of (A) the Capacity Replacement Price paid by Buyer for any Replacement Capacity purchased by Buyer pursuant to Section 5.2(a) for such day, plus (B) the Capacity Replacement Price times the portion of Contract Capacity not provided by Seller nor purchased by Buyer pursuant to Section 5.2(a) for such day times 1,000 kW/MW, and (ii) the portion of Contract Capacity not provided for the applicable day in the applicable Monthly Delivery Period times the Contract Price for that day times 1,000 kW/MW.

5.3 Indemnities for Failure to Deliver Contract Capacity If Buyer is unable to purchase Replacement Capacity after Seller fails to provide Buyer a portion of the Contract Capacity from Replacement Units for any day in any Monthly Delivery Period as required by Section 5.1, then in addition to the damages pursuant to Section 5.2(b)(i)(B) with respect to the portion of Contract Capacity that Buyer has not replaced, Seller agrees to indemnify, defend and hold harmless Buyer from any penalties, fines or costs assessed against Buyer by the CPUC, CAISO, or any Governmental Body having jurisdiction, resulting from any of the following:
(a) Seller’s failure to provide any portion of the Contract Capacity or any portion of the Replacement Capacity;
Appendix A San Diego Gas & Electric Company
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(b) Seller’s failure to provide timely notice of the non-availability of any portion of the Contract Capacity;
(c) A Unit’s SC’s failure to timely submit Supply Plans that identify Buyer’s right to the Unit Contract Quantity purchased hereunder; or
(d) any other failure by Seller to perform its material obligations under this Confirmation.

With respect to the foregoing, the Parties shall use commercially reasonable efforts to minimize such penalties, fines and costs; provided, that in no event shall Buyer be required to use or change its utilization of its owned or controlled assets or market positions to minimize these penalties, fines and costs.

6. Other Buyer and Seller Covenants

6.1 Seller’s and Buyer’s Duty to Take Action to Allow the Utilization of the Product Buyer and Seller shall, throughout the Delivery Period, take commercially reasonable actions and execute any and all documents or instruments reasonably necessary to ensure Buyer's right to the use of the Contract Quantity for the sole benefit of Buyer's Compliance Obligations. The Parties further agree to negotiate in good faith to make necessary amendments, if any, to this Confirmation to conform this Transaction to subsequent clarifications, revisions or decisions rendered by the CPUC, FERC, or other Governmental Body having jurisdiction to administer Compliance Obligations, to maintain the benefits of the bargain struck by the Parties on the Confirmation Execution Date. The Parties acknowledge that the benefit of the bargain as stated in this Agreement attempts to reflect anticipated changes to the CASIO and CPUC Resource Adequacy rules as such rules have been proposed as of the Confirmation Execution Date.

As used in this Section 6.1, “commercially reasonable actions” or “good faith” shall not require the Seller, or the owner or operator of any Unit to undertake any capital improvements, facility enhancements, or the construction of new facilities.

6.2 Seller’s Represents, Warrants and Covenants
Seller represents, warrants and covenants to Buyer that, throughout the Delivery Period:
(a) Seller owns or has the exclusive right to the Product sold under this Confirmation from each Unit, and shall furnish Buyer, CAISO, CPUC or other Governmental Body with such evidence as may reasonably be requested to demonstrate such ownership or exclusive right;
(b) No portion of the Contract Quantity has been committed by Seller to any third party in order to satisfy Compliance Obligations or analogous obligations in any CAISO or non-CAISO markets, other than pursuant to an RMR Contract between the CAISO and either Seller or the Unit’s owner or operator; (c) Each Unit is connected to the CAISO Controlled Grid, is within the CAISO Control Area, and is under the control of CAISO;
Appendix A San Diego Gas & Electric Company
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(d) Seller shall, and each Unit’s SC, owner and operator is obligated to, comply with Applicable Laws, including the Tariff, relating to the Product; (e) If Seller is the owner of any Unit, the aggregation of all amounts of Capacity Attributes that Seller has sold, assigned or transferred for any Unit does not exceed the Unit NQC or Unit EFC, as applicable, for that Unit; (f) Seller has notified the SC of each Unit that Seller has transferred the Unit Contract Quantity to Buyer, and the SC is obligated to deliver the Supply Plans in accordance with the Tariff fully reflecting such transfer; (g) Seller has notified the SC of each Unit that Seller is obligated to cause each Unit’s SC to provide to Buyer, at least fifteen (15) Business Days before the relevant deadline for each Compliance Showing, the Unit Contract Quantity of each Unit that is to be submitted in the Supply Plan associated with this Agreement for the applicable period;
(h) Seller has notified each Unit’s SC that Buyer is entitled to the revenues set forth in Section 4.3, and such SC is obligated to promptly deliver those revenues to Buyer, along with appropriate documentation supporting the amount of those revenues;
(i) In the event Seller has rights to the energy output of any Unit, and Seller or the Unit’s SC schedules energy from the Unit for export from the CAISO Control Area, or commits energy to another entity in a manner that could result in scheduling energy from the Unit for export from the CAISO Control Area, it shall do so only as allowed by, and in accordance with, Applicable Laws and such exports may, if allowed by the Tariff, be curtailed by the CAISO; and (j) The owner or operator of each Unit is obligated to maintain and operate each Unit using Good Utility Practice and, if applicable, General Order 167 as outlined by the CPUC in the Enforcement of Maintenance and Operation Standards for Electric Generating Facilities Adopted May 6, 2004, and is obligated to abide by all Applicable Laws in operating such Unit; provided, that the owner or operator of any Unit is not required to undertake capital improvements, facility enhancements, or the construction of new facilities.

7. Confidentiality
Notwithstanding Section 10.11 of the Master Agreement, the Parties agree that Buyer and Seller may disclose this Agreement to the CPUC, CAISO and any Governmental Body, as required by Applicable Law, and Seller may disclose the transfer of the Contract Quantity under this Transaction to the SC of each Unit in order for such SC to timely submit accurate Supply Plans; provided, that each disclosing Party shall use reasonable efforts to limit, to the extent possible, the ability of any such applicable Governmental Body, CAISO, or SC to further disclose such information. In addition, in the event Buyer resells all or any portion of the Product, Buyer shall be permitted to disclose to the other party to such resale transaction all such information necessary to effect such resale transaction. Each Party recognizes that this Confirmation is subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.).

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8. Entire Agreement; No Oral Agreements or Modifications This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Transaction may be confirmed only through a written agreement signed by both Parties, and no amendment or modification to this Transaction shall be enforceable except through a written document signed by both Parties.

9. Counterparts
This Agreement may be executed in one or more counterparts each of which shall be deemed an original and all of which shall be deemed one and the same Agreement. Delivery of an executed counterpart of this Agreement by fax will be deemed as effective as delivery of an originally executed counterpart. Any Party delivering an executed counterpart of this Agreement by facsimile will also deliver an originally executed counterpart, but the failure of any Party to deliver an originally executed counterpart of this Agreement will not affect the validity or effectiveness of this Agreement.

10. Collateral Requirements
Notwithstanding anything herein or in the Master Agreement to the contrary, Performance Assurance shall not be required from either Party in connection with this Transaction.

11. Declaration of an Early Termination Date and Calculation of Settlement Amounts Notwithstanding anything to the contrary, the Parties shall determine the Settlement Amount for this Transaction in accordance with Section 5.2 of the Master Agreement using the defined terms contained in this Confirmation as applicable. Furthermore, with respect to this Transaction only, the following language is to be added at the end of Section 5.2 of the EEI Agreement:
“If Buyer is the Non-Defaulting Party and Buyer reasonably expects to incur penalties, fines or costs from the CPUC, the CAISO, or any other Governmental Body having jurisdiction, because Buyer is not able to include the Contract Quantity in any applicable Compliance Showing due to the termination of the Transaction under the Master Agreement caused by Seller’s Event of Default and Buyer has not purchased Replacement Capacity for the applicable portion of the Contract Quantity, then Buyer may, in good faith, estimate as its Losses in respect of the Transaction the present value of the amount of those penalties, fines and costs on a $/kW-day basis subtracting the Contract Price (in $/kW-day) and include this estimate in its determination of the Settlement Amount, subject to accounting to Seller when those penalties, fines and costs are finally ascertained. The rights and obligations with respect to determining and paying any Settlement Amount or Termination Payment, and any dispute resolution provisions with respect thereto, shall survive the termination of this Transaction and shall continue until after those penalties or fines are finally ascertained.”
[Signature page follows]
Appendix A San Diego Gas & Electric Company
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IN WITNESS WHEREOF, the Parties have caused this Confirmation to be duly executed as of the Confirmation Execution Date.

SILICON VALLEY CLEAN ENERGY SAN DIEGO GAS & ELECTRIC COMPANY AUTHORITY, a California joint powers authority a California corporation By: By:

Monica Padilla
Name: Name:_ Joseph Pasquito
Title:

Director of Power Resources
Title: Market Analysis Manager
Appendix A San Diego Gas & Electric Company
DocuSigned by: DocuSigned by:
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APPENDIX A
Unit Information
Month August
Unit Resource Name Desert Star
CAISO Resource ID MRCHNT_2_PL1X3
Unit SCID LSDGE
Unit NQC (MW) 419.25
Prorated Percentage of Unit
Factor 0.24%
Unit EFC (MW) N/A
Prorated Percentage of Unit
Flexible Factor N/A
Resource Type Gas-fired combined cycle
Resource Category
(MMC Bucket 1, 2, 3 or 4) 4
Path 26 (North or South) South
Local Capacity Area (if any, as of
Confirmation Execution Date) –CAISO SYSTEM
Unit Contract Quantity (MW) for
Capacity Attributes (excluding
Flexible RA Attributes)
1 Unit Contract Quantity (MW) for
Flexible RA Attributes N/A
Deliverability restrictions, if any,
as described in most recent
CAISO deliverability assessment
None
Run Hour Restrictions None
Appendix A San Diego Gas & Electric Company

CONFIRMATION OF POWER PURCHASE

AND SALE TRANSACTION
700 Universe Blvd, EPM/JB, Juno Beach, FL 33408 NEM Ref No: 3451445 page 1 Date: June 15, 2022
Transaction Number: 3451445
To: Silicon Valley Clean Energy Authority (Buyer)
Trader:

From: NextEra Energy Marketing, LLC (Seller)
Trader: Ruben Lorenzo
This confirmation confirms the terms and conditions of the physical power transaction entered into between the parties.

Trade Date: June 14, 2022
Type of Transaction: FIRM (LD)
Term:

Delivery Period: Hour Type: 7x8
Days of Week: Sunday through Saturday and NERC holidays Hour Endings: 0100 through 0600
2300 through 2400
Time Zone: Pacific Prevailing Time (PPT)
Hour Type: 6x16
Days of Week: Monday through Saturday excluding NERC holidays Hour Endings: 0700 through 2200
Time Zone: Pacific Prevailing Time (PPT)
Hour Type: 1x16
Days of Week: Sunday and NERC holidays
Hour Endings: 0700 through 2200
Time Zone: Pacific Prevailing Time (PPT)
Contract Quantity:

Total Contract Quantity:

Contract Price:

Delivery Point:

Scheduling Rules:

DocuSign Envelope ID: 6270CD18-10B9-4D3B-901D-C7CDAC5CE12C DocuSign Envelope ID: 48D957AC-338A-4B4E-B0F1-2D0D9F15A11B Appendix A NextEra Energy Marketing, LLC
NEXTera
ENERGY
MARKETING ^

CONFIRMATION OF POWER PURCHASE

AND SALE TRANSACTION
700 Universe Blvd, EPM/JB, Juno Beach, FL 33408 NEM Ref No: 3451445 page 2 Special Terms:

Governing Terms: Unless otherwise noted in this confirmation, this transaction is governed by the terms and conditions of the Master Agreement between NextEra Energy Marketing, LLC and Silicon Valley Clean Energy Authority executed on March 14, 2019.

Upon receipt:

NextEra Energy Marketing, LLC Silicon Valley Clean Energy Authority By: By:
_________________________________
Name: Nicole Lawrence Name: _________________________________ Title: Trading Risk Analyst Title: _________________________________ Date: June 15, 2022 Date: _________________________________ Contact: Contact: _________________________________
DocuSign Envelope ID: 6270CD18-10B9-4D3B-901D-C7CDAC5CE12C 6/17/2022
Girish Balachandran
CEO
DocuSign Envelope ID: 48D957AC-338A-4B4E-B0F1-2D0D9F15A11B Appendix A NextEra Energy Marketing, LLC
NEXTera
ENERGY
MARKETING ^
DocuSigned by:
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CONFIRMATION OF POWER PURCHASE

AND SALE TRANSACTION
700 Universe Blvd, EPM/JB, Juno Beach, FL 33408 NEM Ref No: 3451452 page 1 Date: June 15, 2022
Transaction Number: 3451452
To: Silicon Valley Clean Energy Authority (Buyer)
Trader:

From: NextEra Energy Marketing, LLC (Seller)
Trader: Ruben Lorenzo
This confirmation confirms the terms and conditions of the physical power transaction entered into between the parties.

Trade Date: June 14, 2022
Type of Transaction: FIRM (LD)
Term:

Total Contract Quantity:

Contract Price:

Delivery Point:

Scheduling Rules:

DocuSign Envelope ID: 6270CD18-10B9-4D3B-901D-C7CDAC5CE12C DocuSign Envelope ID: 48D957AC-338A-4B4E-B0F1-2D0D9F15A11B Appendix A NextEra Energy Marketing, LLC
NEXTera
ENERGY
MARKETING ^

CONFIRMATION OF POWER PURCHASE

AND SALE TRANSACTION
700 Universe Blvd, EPM/JB, Juno Beach, FL 33408 NEM Ref No: 3451452 page 2 Special Terms:

NextEra Energy Marketing, LLC Silicon Valley Clean Energy Authority By: By:
_________________________________
Name: Nicole Lawrence Name: _________________________________ Title: Trading Risk Analyst Title: _________________________________ Date: June 15, 2022 Date: _________________________________ Contact: Contact: _________________________________
DocuSign Envelope ID: 6270CD18-10B9-4D3B-901D-C7CDAC5CE12C CEO
6/17/2022
Girish Balachandran
DocuSign Envelope ID: 48D957AC-338A-4B4E-B0F1-2D0D9F15A11B Appendix A NextEra Energy Marketing, LLC
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ENERGY
MARKETING ^
DocuSigned by:
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DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 3ADA0521 64FB8901 EA50879A--A6B7 CB67 5411--409A8F6 4CD1-9668 8BCE -B255-EF4B0CA41246 --E3982D553CBB EFD6FDA404F0

CONFIRMATION
This confirmation agreement (“Confirmation”) confirms the Transaction between TransAlta Energy Marketing (U.S.) Inc. (“Seller”) and Silicon Valley Clean Energy Authority (“Purchaser”), each individually a “Party” and together the “Parties,” dated as of June 14, 2022 (“Effective Date”) regarding the sale and purchase of electric capacity and/or electric energy under the terms and conditions set forth below.

Governing Terms: This Transaction is governed by the terms and conditions of the EEI Master Agreement dated July 24, 2017, as amended August 15, 2019, along with any schedules and amendments thereto (collectively, the “Master Agreement”), and is subject to all the terms and provisions of such agreement.

The Master Agreement andthis Confirmation shall be collectively referred to herein as the “Agreement”. If Appendix A TransAlta Energy Marketing (U.S.) Inc.

DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 3ADA0521 64FB8901 EA50879A--A6B7 CB67 5411--409A8F6 4CD1-9668 8BCE -B255-EF4B0CA41246 --E3982D553CBB EFD6FDA404F0 there is any conflict between the terms set forth in this Confirmation and the Master Agreement, the terms set forth in this Confirmation shall govern. Capitalized terms not otherwise defined in this Confirmation have the meaningsascribed to them in the Master Agreement.

Counterparts: This Confirmation may be signed in any number of counterparts with the same effect as if the signatures to the counterparty were upon a single instrument. Delivery of an executed signature page of this Confirmation by electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page.

Entire Agreement; No Oral Agreements Or Modifications: This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire Agreement between the Appendix A TransAlta Energy Marketing (U.S.) Inc.

DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 3ADA0521 64FB8901 EA50879A--A6B7 CB67 5411--409A8F6 4CD1-9668 8BCE -B255-EF4B0CA41246 --E3982D553CBB EFD6FDA404F0 Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Confirmation may be entered into only by a written agreement executed by both Parties, and no amendment or modification to this Confirmation shall be enforceable except through a written agreement executed by both Parties.

ACKNOWLEDGED AND AGREED TO AS OF THE CONFIRMATION EFFECTIVE DATE.

TRANSALTA ENERGY MARKETING
(U.S.) Inc.

SILICON VALLEY CLEAN ENERGY

AUTHORITY
By: By:

Shauna Britton
Name: Name:

Girish Balachandran
Title:

Date:

Confirmations Coordinator
16 June 2022 | 9:57 AM MDT
Title:

Date:

Chief Executive Officer
6/15/2022
Appendix A TransAlta Energy Marketing (U.S.) Inc.

DocuSigned by: DocuSigned by:
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DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Execution Copy

CONFIRMATION
Reference:

Master Power Purchase and Sale Agreement
Between Constellation Energy Generation, LLC, a Pennsylvania limited liability company (“Seller”)
And
Silicon Valley Clean Energy Authority, a California joint powers authority (“Buyer”) dated November 28, 2016
Transaction Date: June 14, 2022 (the “Effective Date”)
RECITALS:

WHEREAS, pursuant to California Public Utilities Code Sections 366.1, et. seq., Buyer has been registered as a Community Choice Aggregator (the “CCA”); WHEREAS, Buyer is a California joint powers authority, which has established Silicon Valley Clean Energy for purposes of delivering CCA service to certain customers located within the County of Santa Clara;
WHEREAS, pursuant to California Public Utilities Code Section 366.2, Buyer submitted Buyer’s CCA Implementation Plan and Statement of Intent (“Implementation Plan”) to the CPUC; WHEREAS, the CPUC certified the Implementation Plan on September 27, 2016; WHEREAS, Seller and Buyer desire to set forth the terms and conditions pursuant to which Seller shall supply the Product to Buyer, and Buyer shall take and pay for such supply of Product subject to satisfaction of the conditions herein; and NOW, THEREFORE, in consideration of the mutual covenants and agreements in this Confirmation and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the Parties agree as follows:

1. DEFINITIONS. Any capitalized terms used in this Confirmation but not otherwise defined below shall have the meaning ascribed to such term in the Master Agreement:
“ACS” means “asset-controlling supplier” as that term is defined in the Cap and Trade Regulations.
“Applicable Law” means any statute, law, treaty, rule, tariff, regulation, ordinance, code, permit, enactment, injunction, order, writ, decision, authorization, judgment, decree or other legal or regulatory determination or restriction by a court or Governmental Authority of competent jurisdiction, or any binding interpretation of the foregoing, as any of them is amended or supplemented from time to time, that apply to either or both of the Parties, the Project(s), or the terms of the Agreement.
“Buyer Facilities” has the meaning set forth in Section 10 hereof.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E “CAISO” means the California Independent System Operator Corporation or the successor organization to the functions thereof.
“California RPS” or “California Renewables Portfolio Standard” means the California renewables portfolio standard, as set forth in Cal. Pub. Util. Code §§ 399.11 et seq. and Cal. Pub.

Res. Code §§ 25740-25751, and as administered by the CEC asset forth in the CEC RPS Eligibility Guidebook (8th Ed.), as may be subsequently modified by the CEC, and the California Public Utilities Commission (“CPUC”) as set forth in CPUC Decision (“D”) 08-08-028, D.08-04-009, D.11-01-025, D.11-12-020, D.11-12-052, D.12-06-038 and D.14-12-023, and as may be modified by subsequent decision of the CPUC or by subsequent legislation, and regulations promulgated with respect thereto.
“Cap and Trade Regulations” means the Mandatory Greenhouse Gas Emissions Reporting and California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms regulations (California Code of Regulations Title 17, Subchapter 10, Articles 2 and 5 respectively) promulgated by the California Air Resources Board of the California Environmental Protection Agency pursuant to the California Global Warming Solutions Act of 2006. “Carbon Free Energy” means Energy deliveries from Carbon Free Sources. “Carbon Free Source” means any energy source, except for nuclear-powered generation assets, that is located within the WECC and that is considered by the State of California to have zero Greenhouse Gas emissions in accordance with the Cap and Trade Regulations. Carbon Free Source does not include any Category 3 Renewables, ACS resources or any energy source with an e-tag with a source point associated with a nuclear or coal-fired generating facility. “Category 1 Renewable” means Renewable Energy that satisfies the requirements of Section 399.16(b)(1) of the California Public Utilities Code, as applicable to the REC Vintage transferred hereunder.
“Category 2 Renewable” means Renewable Energy that satisfies the requirements of Section 399.16(b)(2) of the California Public Utilities Code, as applicable to the REC Vintage transferred hereunder.
“Category 3 Renewable” means the Renewable Energy Credits that satisfy the requirements of Section 399.16(b)(3) of the California Public Utilities Code, as applicable to the REC Vintage transferred hereunder.
“CEC” means the California Energy Commission.
“Change in Law” has the meaning set forth in Section 2.2 hereof. “Commercially Reasonable Efforts” for the purposes of this Confirmation, “commercially reasonable efforts” or acting in a “commercially reasonable manner” shall not require a Party to undertake extraordinary or unreasonable measures.
“Compliance Obligation” has the meaning set forth by the Cap and Trade Regulations.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E “CPUC” means the California Public Utilities Commission. “Customers” means the residential, commercial, industrial, and all other retail end use customers that have not opted out of the Silicon Valley Clean Energy Program, as designated from time to time by Buyer as being served by Buyer within the jurisdictional boundaries of the County of San Mateo.
“Delivery Period” shall be the period beginning on the Start Date and ending on the End Date, as set forth in Section 3 below.
“Debt Service” means the obligations payable by Buyer for interest on loans outstanding and any principal repayments and any capital leases, but excluding any interest on or principal repayments of inter-company working capital loans between Buyer and one or more of its Affiliates.
“Debt Service Coverage Ratio” means, the ratio of (a) EBITDA to (b) Debt Service, for the preceding twelve (12) month period measured annually as of each fiscal year end, beginning September 1, 2017.
“Delivery Point” has the meaning set forth in Section 4 hereof. “Effective Date” has the meaning set forth in the Reference Section at the beginning of this Confirmation.
“Eligible Renewable Energy Resource” or “ERR” means an Eligible Renewable Energy Resource as such term is defined in Public Utilities Code Section 399.12 or Section 399.16. “Energy” means electrical energy, measured in MWh.
“Energy Contract Price” means the price ($/MWh) to be paid by Buyer to Seller for the Energy Contract Quantity delivered hereunder, as set forth on Exhibit A. “Energy Contract Quantity” means the quantity of Energy set forth in Exhibit A, which will be delivered to the CAISO by Seller and scheduled to Buyer’s Third Party SC as an IST. “Exhibits” shall be those certain Exhibits, which are attached hereto and made a part hereof. “FERC” means the Federal Energy Regulatory Commission.
“GAAP” means generally accepted accounting principles as in effect from time to time in the United States.
“Governmental Authority” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, or the CAISO or any other transmission authority, having or asserting jurisdiction over a Party or the Agreement.
“Implementation Plan” has the meaning set forth in the Recitals hereof.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E “Inter-SC Trade” or “IST” has the meaning set forth in the Tariff. “Mandatory Reporting Rule” means the regulations entitled Mandatory Greenhouse Gas Emissions Reporting set forth in Article 2 of Subchapter 10 of Title 17 of the California Code of Regulations.
“MW” means megawatt.
“MWh” means megawatt-hour.
“PG&E” means the Pacific Gas and Electric Company, its successors and assigns. “Product” shall have the meaning set forth in Section 2.1 below. “Project” shall mean the Eligible Renewable Energy Resource(s) used to provide Renewable Energy hereunder.
“Prudent Industry Practices” means any of the practices, methods, techniques and standards (including those that would be implemented and followed by a prudent operator of generating facilities similar to the Project(s) in the United States during the relevant time period) that, in the exercise of reasonable judgment in the light of the facts known at the time the decision was made, could reasonably have been expected to accomplish the desired result, giving due regard to manufacturers’ warranties and recommendations, contractual obligations, the requirements or guidance of Governmental Authority, including CAISO, Applicable Law(s), the requirements of insurers, good business practices, economy, efficiency, reliability, and safety. Prudent Industry Practice shall not be limited to the optimum practice, method, technique or standard to the exclusion of all others, but rather shall be a range of possible practices, methods, techniques or standards.
“REC Vintage” means the date of Energy generation found on a WREGIS Certificate. “Renewable Energy” means Energy and associated Renewable Energy Credits generated by an Eligible Renewable Energy Resource.
“Renewable Energy Contract Price” shall mean the price ($/REC) to be paid by Buyer to Seller for Renewable Energy delivered hereunder, as set forth on Exhibit B. “Renewable Energy Contract Quantity” shall mean the quantity of RECs to be delivered by Seller to Buyer hereunder, as set forth on Exhibit B. “Renewable Energy Credits” or “REC” has the meaning set forth in California Public Utilities Code Section 399.12(h) and CPUC Decision D.08-08-028, as applicable to the specific REC Vintage(s) transferred hereunder. For avoidance of doubt, the Parties agree that RECs do not include any production tax credits associated with the construction or operation of an ERR or other financial incentives in the form of credits, reductions, or allowances associated with an ERR that are created by state or federal tax laws.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E “RPS Adjustment” means the reduction in the Compliance Obligation of an electricity importer authorized by and calculated in accordance with section 95852 (b)(4) of the Cap and Trade Regulations and section 95111(b)(5) of the Mandatory Reporting Rule. “Security Documents” has the meaning set forth in the Master Agreement. “Silicon Valley Clean Energy Program” means the community choice aggregation program operated by Buyer.
“Specified Sources of Power” means electricity that is traceable to a specific generation source by any auditable contract (e.g., a Transaction Confirmation). “Tariff” means the FERC-approved California Independent System Operator Tariff, including any current CAISO-published “Operating Procedures” and “Business Practice Manuals,” as may be amended, supplemented or replaced from time to time. “Third Party SC” means a third party designated by Buyer to provide the Scheduling Coordinator (as defined in the Tariff) functions for the benefit of Buyer. “Unspecified Sources of Power” means electricity that is not traceable to a specific generation source (e.g., what is commonly known as “market” or “system” power) by any auditable contract (e.g., a Transaction Confirmation).
“WECC” means the Western Electricity Coordinating Council, or its successor. “WREGIS” means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program.
“WREGIS Certificate” means “Certificate” as defined by WREGIS in the WREGIS Operating Rules.
“WREGIS Operating Rules” means the operating rules and requirements adopted by WREGIS.

2. PRODUCT.

2.1 Seller Delivery Obligation. Throughout the Delivery Period, Seller shall sell and deliver or make available, or cause to be sold and delivered or made available to Buyer, the “Product,” which is comprised of one or more of the following:
(a) the quantity of Energy determined in accordance with Section 7.1; (b) the quantity of Renewable Energy determined in accordance with in Section

7.2; and
(c) the quantity of Carbon Free Energy determined in accordance with Section

7.3. Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E For avoidance of doubt, Product does not include any resource adequacy or capacity attributes.

2.2 Change in Law.

If due to (i) any action by the CPUC or any other Governmental Authority, or (ii) any change in Applicable Law, including any modification of the California RPS or the Cap and Trade Regulation (i and ii, collectively, a “Change in Law”) occurring after the Effective Date that results in material changes to Buyer’s or Seller’s obligations with regard to the Products sold hereunder and that has the effect of changing the transfer and sale procedure set forth in this Confirmation so that the implementation of this Confirmation becomes impossible or impracticable, the Parties shall work in good faith to try and revise this Confirmation so that the Parties can perform their obligations regarding the purchase and sale of Products sold hereunder or Buyer’s compliance with California RPS obligations in order to maintain the original intent of the Parties under this Confirmation. In the event the Parties cannot reach agreement on any such amendments to this Confirmation within 60 days following the Change in Law, to the extent practicable and lawful, Seller shall perform its obligations hereunder with regard to any Product hereunder or compliance with California RPS obligations in accordance with the Applicable Law immediately prior to the Change in Law; provided, however, that notwithstanding the foregoing or anything to the contrary herein, Seller shall not be obligated to perform any obligation hereunder to the extent that doing so would cause Seller to be materially adversely affected. These Change in Law provisions are independent of those set forth in the RPS Standard Terms and Conditions below and in Section 2.8.

2.3 RPS Standard Terms and Conditions.

STC 6: Eligibility
Seller, and, if applicable, its successors, represents and warrants that throughout the Delivery Period of this Agreement that: (i) the Project qualifies and is certified by the CEC as an Eligible Renewable Energy Resource (“ERR”) as such term is defined in Public Utilities Code Section 399.12 or Section 399.16; and (ii) the Project’s output delivered to Buyer qualifies under the requirements of the California Renewables Portfolio Standard. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law.

STC REC-1: Transfer of Renewable Energy Credits
Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Period of this Agreement the renewable energy credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law.

STC REC-2: Tracking of RECs in WREGIS
Seller warrants that all necessary steps to allow the Renewable Energy Credits transferred to Buyer to be tracked in the Western Renewable Energy Generation Information System will be taken prior to the first delivery under this contract.

2.4 No New Construction. Seller does not intend to construct any new facilities in California to meet its supply obligations hereunder. Notwithstanding the foregoing, to the extent that Seller constructs any new facilities in California to meet its supply obligation hereunder, Seller covenants and agrees that the construction and operation of such facility(ies) will be in accordance with any and all Applicable Law.

2.5 Resources. For Category 1 Renewable Energy and Carbon Free Energy delivered under this Confirmation, Seller shall use Specified Sources of Power. For other Energy deliveries, if any, Seller may use either (i) Unspecified Sources of Power or (ii) Specified Sources of Power; provided that any such Energy delivered under this Confirmation (including incremental energy associated with Category 2 Renewable products) from Specified Sources of Power shall not be procured from nuclear or coal-fired resources. The Energy supplied in connection with any Renewable Energy shall comply with applicable California RPS requirements for such Product.

2.6 Delivery of WREGIS Certificates. Buyer and Seller agree that the obligation to deliver RECs hereunder shall be evidenced by the delivery of WREGIS Certificates in WREGIS. Throughout the Delivery Period, following generation of the Renewable Energy by the Project(s), Seller shall, at its sole expense, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with the Renewable Energy Contract Quantity are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard for Buyer. Prior to the start of each calendar quarter, Seller shall provide Buyer with an indicative, non-binding forecast of the amount of RECs it expects to deliver during such calendar quarter. Such indicative, non-Appendix A Constellation Energy Generation, LLC DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E binding forecast shall also identify, if known to Seller, the Eligible Renewable Energy Resource(s) that Seller expects to generate the RECs.

Seller shall comply with all Applicable Law, including, without limitation, the WREGIS Operating Rules, regarding the certification and transfer of such WREGIS Certificates to Buyer and Buyer shall be given sole title to all such WREGIS Certificates. The Parties acknowledge and agree that, as of the Effective Date, the WREGIS Certificates associated with the Renewable Energy Contract Quantity for a month are not available for transfer to Buyer until approximately ninety (90) days after the end of such month. Seller shall transfer such WREGIS Certificates in a timely manner after such WREGIS Certificates are available for transfer to Buyer and in any event no later than May 1 following the delivery year.

Upon receiving written or electronic confirmation from WREGIS that a transfer order has been initiated by Seller, Buyer shall confirm such transfer order in WREGIS within fourteen (14) days to the extent that the WREGIS Certificates included in such transfer conform to the specifications reflected in this Confirmation. In the event that certain WREGIS Certificates fail to conform to the specifications reflected in this Confirmation, Buyer shall be entitled to reject the transfer of any non-conforming WREGIS Certificates and Seller shall promptly replace the non-conforming WREGIS Certificates with an equivalent amount of WREGIS Certificates of the same REC Vintage and that meet the specifications reflected in this Confirmation; provided, however, that if replacement WREGIS Certificates are not immediately available, Seller may provide replacements once available, but in any event shall provide replacement WREGIS Certificates to Buyer within ninety (90) days after Seller’s rejection of such non-conforming WREGIS Certificates.

Upon either Party’s receipt of notice from WREGIS that a transfer of WREGIS Certificates was not recognized, that Party will immediately notify the other Party, providing a copy of such notice, and both Parties will cooperate in taking such actions as are necessary and commercially reasonable to cause such transfer to be recognized and completed. Each Party agrees to provide copies of its records to the extent reasonably necessary for WREGIS to verify the accuracy of any fact, statement, charge or computation made pursuant hereto if requested by the other Party.

2.7 Retirement of RECs. To facilitate compliance with obligations of suppliers of Renewable Energy as first deliverers of electricity, as defined in Title 17, California Code of Regulations (“CCR”) Section 95802, to comply with mandatory greenhouse gas reporting requirements in Title 17 CCR Section 95101 et seq., and to comply with the requirements of the Cap and Trade Regulations in Title 17 CCR Section 95111 and 17 CCR Section 95852 with respect to such Renewable Energy, Buyer agrees to retire the RECs purchased from Seller hereunder for each renewable generation period and to provide WREGIS reports to Seller by no later than May 15 of the year following delivery that (1) evidence retirement of the RECs and (2) provide REC serial numbers.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E

2.8 RPS Adjustment. The Parties acknowledge that the RPS Adjustment is currently applicable to the Category 2 Renewable Product. In the event that the RPS Adjustment is eliminated from the Cap and Trade Regulations and is no longer applicable to the Category 2 Renewable Product, the Parties agree to discuss in good faith amendments to this Transaction. In the event that the Parties are unsuccessful in revising or amending this Transaction or unable to agree upon a mutually acceptable resolution within thirty (30) days after the request of either Party to amend the Transaction pursuant to this Section 2.8 by either Party, either Party may, by written notice to the other, immediately terminate the undelivered portion of Renewable Energy Contract Quantities of Category 2 Renewable Product without penalty, termination payment or liability of either Party.

3. DELIVERY PERIOD. This Confirmation shall be in full force and effect as of the Effective Date. The terms set forth herein shall apply from the Start Date through the End Date, which entire period will comprise the Delivery Period. This Confirmation shall terminate on the date on which both Parties have completed the performance of their obligations hereunder, unless earlier terminated pursuant to the terms hereof.

4. DELIVERY POINT.

Product Delivery Point
Energy TH_NP15_GEN-APND
Renewable Energy Any scheduling point
within the CAISO
system
Carbon Free Energy Any scheduling point
within the CAISO
system

5. SCHEDULING. The Product will be scheduled to Buyer’s Third Party SC on a Day-Ahead basis using an Inter-SC Trade.

6. PRICING.

6.1 Energy Contract Price and Payment. For each month during the Delivery Period, Buyer will pay Seller an amount equal to the Energy Contract Quantity delivered and scheduled in accordance with this Confirmation multiplied by the Energy Contract Price specified in Exhibit A.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E

6.2 Renewable Energy Contract Price and Payment. For each month during the Delivery Period, Buyer will pay Seller an amount equal to: a) the applicable Renewable Energy Contract Price as specified in Exhibit B multiplied by the portion of the Renewable Energy Contract Quantity transferred from Seller to Buyer through WREGIS during such month plus b) the Day-Ahead LMP (as defined under the Tariff) at the Delivery Point for each MWh of the Renewable Energy Contract Quantity delivered and scheduled in accordance with this Confirmation in such month.

6.3 Carbon Free Energy Price and Payment. For each month during the Delivery Period, Buyer will pay Seller an amount equal to the Carbon Free Energy Contract Quantity delivered in such month multiplied by the Carbon Free Energy Price specified in Exhibit C plus b) the Day-Ahead LMP at the Delivery Point for each MWh of the Carbon Free Energy Contract Quantity delivered and scheduled in accordance with this Confirmation in such month.

7. CONTRACT QUANTITIES.

7.1 Energy. Energy Contract Quantities and the Energy Contract Prices pursuant to this Confirmation relate to the quantities set forth in Exhibit A.

7.2 Renewable Energy. Renewable Energy Contract Quantities and Renewable Energy Contract Prices pursuant to this Confirmation relate to the quantities set forth in Exhibit B. The Renewable Energy sold by Seller to Buyer shall also include any and all Renewable Energy Credits associated with such Renewable Energy.

7.3 Carbon Free Energy. Carbon Free Energy Contract Quantities and Carbon Free Energy Prices pursuant to this Confirmation relate to the quantities set forth in Exhibit C.

8. MONTHLY BILLING SETTLEMENT.

8.1 Collection of Customer Payments. In accordance with the Security Documents, Buyer shall direct PG&E to deposit into a lockbox account, all of the proceeds of all of the Customer account receipts (net of the amounts to be paid to PG&E) received from the sale of the Product to the Customers. Seller shall receive, in accordance with the Security Documents, payments for its invoices due and payable, and after Seller’s invoice is paid and agreed to reserves have been funded, the amounts remaining in such lockbox shall be immediately released to Buyer or its designee in accordance with the Security Documents. The Parties agree that the lockbox account shall be in the name of Buyer, and any interest earned thereon shall accrue to Buyer, as more fully set forth in the Security Documents.

8.2 Monthly Invoice Timeline. Seller agrees to use commercially reasonable efforts to deliver each monthly invoice to Buyer not later than the fifteenth (15th) day of each month for the previous calendar month. The Parties hereby agree that all invoices under this Confirmation shall be due and payable on the twenty-fifth (25th) day of the month following the month in which Seller delivered such invoice, provided Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E that if such day is not a Business Day, then such invoice will be due and payable on the next Business Day that occurs after the twenty-fifth (25th) day of the month.

9. COMPLIANCE REPORTING. Buyer shall be responsible for submitting compliance reports to the CPUC and/or other Governmental Authorities on behalf of Silicon Valley Clean Energy and will require resource information, electronic tagging information, and other documentation to be provided by Seller. Seller shall provide all reasonable information to Buyer necessary for Buyer to timely comply with periodic compliance reporting requirements and as otherwise required by Applicable Law with respect to any Product. Each party shall provide all reasonable information to the other party necessary to timely comply with periodic compliance reporting requirements and as otherwise required by Applicable Law with respect to any Product. Buyer agrees to cooperate with any informational requests Seller may receive from a Governmental Authority, including but not limited to supplying WREGIS reports for Seller’s compliance with Cap and Trade Regulations.

10. NO RESTRICTION. Nothing in this Confirmation shall limit Buyer’s ability to develop its own generation facilities (“Buyer Facilities”) or prevent Buyer from purchasing energy from other parties or Seller from selling energy to other parties.

11. STANDARD OF CARE AND GOOD FAITH. When performing its obligations hereunder, Seller shall act in good faith and shall perform all work in a manner consistent with Prudent Utility Practices.

12. SECURITY PROVISIONS.

12.1 Compliance with Security Documents. During the entire period that this Confirmation remains in effect, Buyer shall comply with the Security Documents.

Upon the occurrence of an Event of Default (after giving effect to any applicable cure periods) by Buyer under any Security Document or a termination of any Security Document by Seller due to Buyer’s failure to perform in accordance with the terms thereof, such event shall constitute an Event of Default of Buyer in accordance with Article Five of the Master Agreement and Buyer shall therefore be the ‘Defaulting Party’ with regard to such failure to perform.

12.2 Buyer Reporting Requirements. During the entire period this Confirmation remains in effect, Buyer shall provide Seller with the report(s) required below and shall also provide Seller with any clarifications requested regarding such report(s) and such other information that Seller reasonably requests regarding Buyer’s financial performance, Buyer’s performance of its obligations under this Confirmation or any Security Document or the ongoing viability of the CCA. In the event Buyer fails to provide Seller with any required reports set forth below in Section 15.2(a) and such failure is not remedied within fifteen (15) Business Days of Seller’s written request therefore and notice of a potential Event of Default, such failure shall be an Event of Default of Buyer in accordance with Article V of the Master Agreement and Buyer shall therefore be the ‘Defaulting Party’ with regard to such failure to perform; provided, however, that should any such reports, not be Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E available on a timely basis due to a delay in preparation or certification, or otherwise outside of the reasonable control of Buyer, such delay shall not be an Event of Default of Buyer so long as Buyer diligently pursues the preparation and delivery of the required reports.
(a) Monthly Reports. The following reports shall be provided by Buyer to Seller not later than twenty (20) days following the end of each calendar month for items (i) through (vi) below, and each report shall be with regard to such previous calendar month or other period as applicable:
(i) Customer deposit report including a complete and detailed report of all collateral Buyer is holding from any Customer in the format agreed to between the Parties but shall not include the identity or personal details (name, address, telephone number, family size, social security number, bank account number, credit score, payment history, etc.) of any Customer nor any information that may allow Seller to determine a Customer’s identity;
(ii) Customer on-bill prepayment report including a complete and detailed report of all Customer on-bill payments that were deposited into the Primary Secured Account (as defined in the Security Documents);
(iii) Cash reconciliations and bank statements for each of Buyer’s banking accounts;
(iv) Summary of payments made by Customers or other entities to Buyer and a summary of delinquent accounts regarding Customers, such information to be provided on an aggregate basis (i.e. not by Customer) and shall include information segregated for
delinquencies for each of the following time periods: 30 days, 60 days, 90 days and 120 days, plusthe total account receivable balance owed to Buyer from its Customers; and
(v) Summary of all net meter data, grossed-up meter data and the difference between the two amounts on a daily and hourly interval basis.
(b) Annual Reports. The following report shall be provided by Buyer to Seller not later than 180 days following the end of Buyer’s fiscal year, shall be with regard to such previous fiscal year and shall be as follows: Buyer’s financial reports consisting of, at a minimum, statement of revenues, expenses and changes in fund net assets, statement of net assets, and statement of cash flows on a consolidating basis (as applicable), each as prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant.

Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E

12.3 Debt Service Coverage Ratio Covenant From September 1, 2017 through the remainder of the Delivery Period, Buyer shall establish and maintain a Debt Service Coverage Ratio of at least 1.25 to 1.0 (measured annually as of each fiscal year end beginning September 1, 2017). If at any time after September 1, 2018, Buyer fails to maintain such Debt Service Coverage Ratio for the prior fiscal year, such event shall constitute an Event of Default of Buyer in accordance with Article V of the Master Agreement and Buyer shall therefore be the ‘Defaulting Party’ with regard to such event.
[SIGNATURE PAGE FOLLOWS]
Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Exhibit A – Energy Contract Quantity and Price Schedule Exhibit B – Renewable Energy Contract Quantity and Price Schedule Exhibit C – Carbon Free Energy Contract Quantity and Price Schedule This Confirmation is subject to the Exhibits identified below and that are attached hereto:

This Confirmation is being provided pursuant to and in accordance with the Master Power Purchase and Sale Agreement dated November 28, 2016 (the “Master Agreement”) between Buyer and Seller, and constitutes part of and is subject to the terms and provisions of such Master Agreement. Terms used but not defined herein shall have the meanings ascribed to them in the Master Agreement. This Confirmation and the Master Agreement, including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.”

CONSTELLATION ENERGY

GENERATION, LLC
Sign:

Print: Matthew A. Stasch

SILICON VALLEY CLEAN ENERGY
AUTHORITY, a California joint powers
authority
Sign:

Print: Girish Balachandran
Title: VP, Chief Risk Officer Title: CEO
Appendix A Constellation Energy Generation, LLC
DocuSigned by:
fUbA- SfoA ^
r. A
^ AMAr.Ar.OArA
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Exhibit A
“ATC” means HE 0100-2400 PPT Monday through Sunday, including NERC holidays Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Exhibit B
Renewable Energy Contract Quantity and Price Schedule
N/A
Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: 96166F07 B270C108--FFA7 DE4B-4941 -4B6A-8862 -AA79-7D9649758351 -BC4B4440FA7E Exhibit C
Carbon Free Energy Contract Quantity and Price Schedule N/A
Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A Execution Copy

CONFIRMATION
Reference:

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A “CAISO” means the California Independent System Operator Corporation or the successor organization to the functions thereof.
“California RPS” or “California Renewables Portfolio Standard” means the California renewables portfolio standard, as set forth in Cal. Pub. Util. Code §§ 399.11 et seq. and Cal. Pub.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A “CPUC” means the California Public Utilities Commission. “Customers” means the residential, commercial, industrial, and all other retail end use customers that have not opted out of the Silicon Valley Clean Energy Program, as designated from time to time by Buyer as being served by Buyer within the jurisdictional boundaries of the County of San Mateo.
“Delivery Period” shall be the period beginning on the Start Date and ending on the End Date, as set forth in Section 3 below.
“Debt Service” means the obligations payable by Buyer for interest on loans outstanding and any principal repayments and any capital leases, but excluding any interest on or principal repayments of inter-company working capital loans between Buyer and one or more of its Affiliates.
“Debt Service Coverage Ratio” means, the ratio of (a) EBITDA to (b) Debt Service, for the preceding twelve (12) month period measured annually as of each fiscal year end, beginning September 1, 2017.
“Delivery Point” has the meaning set forth in Section 4 hereof. “Effective Date” has the meaning set forth in the Reference Section at the beginning of this Confirmation.
“Eligible Renewable Energy Resource” or “ERR” means an Eligible Renewable Energy Resource as such term is defined in Public Utilities Code Section 399.12 or Section 399.16. “Energy” means electrical energy, measured in MWh.
“Energy Contract Price” means the price ($/MWh) to be paid by Buyer to Seller for the Energy Contract Quantity delivered hereunder, as set forth on Exhibit A. “Energy Contract Quantity” means the quantity of Energy set forth in Exhibit A, which will be delivered to the CAISO by Seller and scheduled to Buyer’s Third Party SC as an IST. “Exhibits” shall be those certain Exhibits, which are attached hereto and made a part hereof. “FERC” means the Federal Energy Regulatory Commission.
“GAAP” means generally accepted accounting principles as in effect from time to time in the United States.
“Governmental Authority” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, or the CAISO or any other transmission authority, having or asserting jurisdiction over a Party or the Agreement.
“Implementation Plan” has the meaning set forth in the Recitals hereof.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A “Inter-SC Trade” or “IST” has the meaning set forth in the Tariff. “Mandatory Reporting Rule” means the regulations entitled Mandatory Greenhouse Gas Emissions Reporting set forth in Article 2 of Subchapter 10 of Title 17 of the California Code of Regulations.
“MW” means megawatt.
“MWh” means megawatt-hour.
“PG&E” means the Pacific Gas and Electric Company, its successors and assigns. “Product” shall have the meaning set forth in Section 2.1 below. “Project” shall mean the Eligible Renewable Energy Resource(s) used to provide Renewable Energy hereunder.
“Prudent Industry Practices” means any of the practices, methods, techniques and standards (including those that would be implemented and followed by a prudent operator of generating facilities similar to the Project(s) in the United States during the relevant time period) that, in the exercise of reasonable judgment in the light of the facts known at the time the decision was made, could reasonably have been expected to accomplish the desired result, giving due regard to manufacturers’ warranties and recommendations, contractual obligations, the requirements or guidance of Governmental Authority, including CAISO, Applicable Law(s), the requirements of insurers, good business practices, economy, efficiency, reliability, and safety. Prudent Industry Practice shall not be limited to the optimum practice, method, technique or standard to the exclusion of all others, but rather shall be a range of possible practices, methods, techniques or standards.
“REC Vintage” means the date of Energy generation found on a WREGIS Certificate. “Renewable Energy” means Energy and associated Renewable Energy Credits generated by an Eligible Renewable Energy Resource.
“Renewable Energy Contract Price” shall mean the price ($/REC) to be paid by Buyer to Seller for Renewable Energy delivered hereunder, as set forth on Exhibit B. “Renewable Energy Contract Quantity” shall mean the quantity of RECs to be delivered by Seller to Buyer hereunder, as set forth on Exhibit B. “Renewable Energy Credits” or “REC” has the meaning set forth in California Public Utilities Code Section 399.12(h) and CPUC Decision D.08-08-028, as applicable to the specific REC Vintage(s) transferred hereunder. For avoidance of doubt, the Parties agree that RECs do not include any production tax credits associated with the construction or operation of an ERR or other financial incentives in the form of credits, reductions, or allowances associated with an ERR that are created by state or federal tax laws.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A “RPS Adjustment” means the reduction in the Compliance Obligation of an electricity importer authorized by and calculated in accordance with section 95852 (b)(4) of the Cap and Trade Regulations and section 95111(b)(5) of the Mandatory Reporting Rule. “Security Documents” has the meaning set forth in the Master Agreement. “Silicon Valley Clean Energy Program” means the community choice aggregation program operated by Buyer.
“Specified Sources of Power” means electricity that is traceable to a specific generation source by any auditable contract (e.g., a Transaction Confirmation). “Tariff” means the FERC-approved California Independent System Operator Tariff, including any current CAISO-published “Operating Procedures” and “Business Practice Manuals,” as may be amended, supplemented or replaced from time to time. “Third Party SC” means a third party designated by Buyer to provide the Scheduling Coordinator (as defined in the Tariff) functions for the benefit of Buyer. “Unspecified Sources of Power” means electricity that is not traceable to a specific generation source (e.g., what is commonly known as “market” or “system” power) by any auditable contract (e.g., a Transaction Confirmation).
“WECC” means the Western Electricity Coordinating Council, or its successor. “WREGIS” means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program.
“WREGIS Certificate” means “Certificate” as defined by WREGIS in the WREGIS Operating Rules.
“WREGIS Operating Rules” means the operating rules and requirements adopted by WREGIS.

2. PRODUCT.

7.2; and
(c) the quantity of Carbon Free Energy determined in accordance with Section

7.3. Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A For avoidance of doubt, Product does not include any resource adequacy or capacity attributes.

2.2 Change in Law.

2.3 RPS Standard Terms and Conditions.

STC REC-1: Transfer of Renewable Energy Credits
Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A Seller and, if applicable, its successors, represents and warrants that throughout the Delivery Period of this Agreement the renewable energy credits transferred to Buyer conform to the definition and attributes required for compliance with the California Renewables Portfolio Standard, as set forth in California Public Utilities Commission Decision 08-08-028, and as may be modified by subsequent decision of the California Public Utilities Commission or by subsequent legislation. To the extent a change in law occurs after execution of this Agreement that causes this representation and warranty to be materially false or misleading, it shall not be an Event of Default if Seller has used commercially reasonable efforts to comply with such change in law.

2.6 Delivery of WREGIS Certificates. Buyer and Seller agree that the obligation to deliver RECs hereunder shall be evidenced by the delivery of WREGIS Certificates in WREGIS. Throughout the Delivery Period, following generation of the Renewable Energy by the Project(s), Seller shall, at its sole expense, take all actions and execute all documents or instruments necessary to ensure that all WREGIS Certificates associated with the Renewable Energy Contract Quantity are issued and tracked for purposes of satisfying the requirements of the California Renewables Portfolio Standard for Buyer. Prior to the start of each calendar quarter, Seller shall provide Buyer with an indicative, non-binding forecast of the amount of RECs it expects to deliver during such calendar quarter. Such indicative, non-Appendix A Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A binding forecast shall also identify, if known to Seller, the Eligible Renewable Energy Resource(s) that Seller expects to generate the RECs.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A

4. DELIVERY POINT.

5. SCHEDULING. The Product will be scheduled to Buyer’s Third Party SC on a Day-Ahead basis using an Inter-SC Trade.

6. PRICING.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A

7. CONTRACT QUANTITIES.

7.1 Energy. Energy Contract Quantities and the Energy Contract Prices pursuant to this Confirmation relate to the quantities set forth in Exhibit A.

7.3 Carbon Free Energy. Carbon Free Energy Contract Quantities and Carbon Free Energy Prices pursuant to this Confirmation relate to the quantities set forth in Exhibit C.

8. MONTHLY BILLING SETTLEMENT.

8.2 Monthly Invoice Timeline. Seller agrees to use commercially reasonable efforts to deliver each monthly invoice to Buyer not later than the fifteenth (15th) day of each month for the previous calendar month. The Parties hereby agree that all invoices under this Confirmation shall be due and payable on the twenty-fifth (25th) day of the month following the month in which Seller delivered such invoice, provided Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A that if such day is not a Business Day, then such invoice will be due and payable on the next Business Day that occurs after the twenty-fifth (25th) day of the month.

11. STANDARD OF CARE AND GOOD FAITH. When performing its obligations hereunder, Seller shall act in good faith and shall perform all work in a manner consistent with Prudent Utility Practices.

12. SECURITY PROVISIONS.

12.1 Compliance with Security Documents. During the entire period that this Confirmation remains in effect, Buyer shall comply with the Security Documents.

12.2 Buyer Reporting Requirements. During the entire period this Confirmation remains in effect, Buyer shall provide Seller with the report(s) required below and shall also provide Seller with any clarifications requested regarding such report(s) and such other information that Seller reasonably requests regarding Buyer’s financial performance, Buyer’s performance of its obligations under this Confirmation or any Security Document or the ongoing viability of the CCA. In the event Buyer fails to provide Seller with any required reports set forth below in Section 15.2(a) and such failure is not remedied within fifteen (15) Business Days of Seller’s written request therefore and notice of a potential Event of Default, such failure shall be an Event of Default of Buyer in accordance with Article V of the Master Agreement and Buyer shall therefore be the ‘Defaulting Party’ with regard to such failure to perform; provided, however, that should any such reports, not be Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A available on a timely basis due to a delay in preparation or certification, or otherwise outside of the reasonable control of Buyer, such delay shall not be an Event of Default of Buyer so long as Buyer diligently pursues the preparation and delivery of the required reports.
(a) Monthly Reports. The following reports shall be provided by Buyer to Seller not later than twenty (20) days following the end of each calendar month for items (i) through (vi) below, and each report shall be with regard to such previous calendar month or other period as applicable:
(i) Customer deposit report including a complete and detailed report of all collateral Buyer is holding from any Customer in the format agreed to between the Parties but shall not include the identity or personal details (name, address, telephone number, family size, social security number, bank account number, credit score, payment history, etc.) of any Customer nor any information that may allow Seller to determine a Customer’s identity;
(ii) Customer on-bill prepayment report including a complete and detailed report of all Customer on-bill payments that were deposited into the Primary Secured Account (as defined in the Security Documents);
(iii) Cash reconciliations and bank statements for each of Buyer’s banking accounts;
(iv) Summary of payments made by Customers or other entities to Buyer and a summary of delinquent accounts regarding Customers, such information to be provided on an aggregate basis (i.e. not by Customer) and shall include information segregated for
delinquencies for each of the following time periods: 30 days, 60 days, 90 days and 120 days, plusthe total account receivable balance owed to Buyer from its Customers; and
(v) Summary of all net meter data, grossed-up meter data and the difference between the two amounts on a daily and hourly interval basis.
(b) Annual Reports. The following report shall be provided by Buyer to Seller not later than 180 days following the end of Buyer’s fiscal year, shall be with regard to such previous fiscal year and shall be as follows: Buyer’s financial reports consisting of, at a minimum, statement of revenues, expenses and changes in fund net assets, statement of net assets, and statement of cash flows on a consolidating basis (as applicable), each as prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant.

Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A

12.3 Debt Service Coverage Ratio Covenant From September 1, 2017 through the remainder of the Delivery Period, Buyer shall establish and maintain a Debt Service Coverage Ratio of at least 1.25 to 1.0 (measured annually as of each fiscal year end beginning September 1, 2017). If at any time after September 1, 2018, Buyer fails to maintain such Debt Service Coverage Ratio for the prior fiscal year, such event shall constitute an Event of Default of Buyer in accordance with Article V of the Master Agreement and Buyer shall therefore be the ‘Defaulting Party’ with regard to such event.
[SIGNATURE PAGE FOLLOWS]
Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A This Confirmation is being provided pursuant to and in accordance with the Master Power Purchase and Sale Agreement dated November 28, 2016 (the “Master Agreement”) between Buyer and Seller, and constitutes part of and is subject to the terms and provisions of such Master Agreement. Terms used but not defined herein shall have the meanings ascribed to them in the Master Agreement. This Confirmation and the Master Agreement, including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.” This Confirmation is subject to the Exhibits identified below and that are attached hereto:

Exhibit A – Energy Contract Quantity and Price Schedule Exhibit B – Renewable Energy Contract Quantity and Price Schedule Exhibit C – Carbon Free Energy Contract Quantity and Price Schedule

CONSTELLATION ENERGY

GENERATION, LLC
Sign:

Print: Ravi S. Ganti
Title: SVP Portfolio Management and Analysis

SILICON VALLEY CLEAN ENERGY
AUTHORITY, a California joint powers
authority
Sign:

Print:Girish Balachandran
Title: CEO
Appendix A Constellation Energy Generation, LLC
GDocuSigned by:
bivisl b~btWv 5CA6489AC4C24C3
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A Exhibit A
Energy Contract Quantity and Price Schedule
“ATC” means HE 0100-2400 PPT Monday through Sunday, including NERC holidays Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A Exhibit B
Renewable Energy Contract Quantity and Price Schedule
N/A
Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign Envelope Envelope ID: C9A6AFCA C4816B02-5A5C -789E--47E5 49F6--B49F AB97--C441ADFF0708 C47AF2CA7D4A Exhibit C
Carbon Free Energy Contract Quantity and Price Schedule N/A
Appendix A
Constellation Energy Generation, LLC
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 1 WSPP CONFIRMATION

LONG-TERM RPS ENERGY AND GREEN ATTRIBUTES
This confirmation (“Confirmation”) confirms the transaction between East Bay Community Energy Authority, a California joint powers authority (“Purchaser” or “EBCE”) and Silicon Valley Clean Energy Authority, a California joint powers authority (“Seller” or “SVCE” and, together with Purchaser, the “Parties” and each individually, a “Party”) dated as of July 8, 2022 (the “Effective Date”), by which Seller agrees to sell and deliver, and Purchaser agrees to purchase and receive, the Product (the “Transaction”).

This Transaction is governed by the terms of the WSPP Agreement, effective as of August 12, 2021, together with any and all exhibits, schedules or supplements thereto or incorporated therein by reference (the “Master Agreement”) and as amended and supplemented by this Confirmation; provided that, in the case of any conflict between this Confirmation and the Master Agreement, this Confirmation will govern.

The definitions and provisions contained in the Master Agreement are incorporated into this Confirmation, except as otherwise modified herein. This Confirmation and the Master Agreement, including any schedules, appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement” and will constitute a single agreement between the Parties.

Product: “Product” means (a) all RPS Energy and Green Attributes generated and associated with the non-Greengate Resources in the Resource Pool, and (b) all Green Attributes associated with the Greengate Resources in the Resource Pool.

Contract Quantity:

Contract Price:

Payment: Seller shall invoice Purchaser on or before the 20th day of each calendar month in an amount equal to the quantity of Product delivered to Purchaser during the previous month multiplied by the Contract Price. With each invoice, Seller shall provide documentation to verify delivery of invoiced amounts of Product.

Within ten (10) Business Days after the delivery of the invoice or the 20th day of each calendar month, whichever is later, Purchaser shall pay Seller the amount invoiced.

Resource Pool: “Resource Pool” means the Long-Term Resource Pool set forth in Exhibit A.

The Parties acknowledge that PG&E may add or remove Resources to the Resource Pool from time to time pursuant to the PG&E RPS Allocation Confirmation.

Delivery Point:

Purchaser Audit
Rights:

Upon reasonable request of Purchaser, Seller shall request that PG&E provide documentation (which may include, for example, WREGIS reports) sufficient to demonstrate that Product has been conveyed and delivered to Purchaser.

Scheduling:

Title and Reporting
Rights:

Title to the Product shall be deemed to pass from Seller to Purchaser at the Delivery Point.

Purchaser has the exclusive right to Product for the Contract Quantity, including the right to account for or report Product equal to the Contract Quantity to a Governmental Entity.

Conveyance of Green
Attributes:

Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 3 3. WREGIS Certificate True-Up. A “WREGIS Certificate True-Up” means any deficit or surplus in WREGIS Certificates delivered to Purchaser for a calendar month as compared to the Monthly Long-Term Allocation Amount for the same calendar month (“True-Up Month”).

Any adjustments to resolve a WREGIS Certificate True-Up will be made as an adjustment on Seller’s monthly invoice to Purchaser, provided that no adjustments will be made for any WREGIS Certificate True-Up after twenty-four (24) months from the True-Up Month.

Seller
Representations and
Warranties:

Notwithstanding any provision to the contrary in the Master Agreement or this Confirmation, Seller shall have no liability to Purchaser for the failure to deliver any portion of the Contract Quantity that was not delivered to Seller by PG&E.

Confidentiality: Each Party recognizes that this Confirmation is subject to the requirements of the California Public Records Act (Government Code Section 6250 et seq.).

Each Party (a “Receiving Party”) acknowledges that the other Party (a “Disclosing Party”) may submit information to the Receiving Party that the Disclosing Party considers confidential, proprietary, or trade secret information pursuant to the Uniform Trade Secrets Act (Cal. Civ. Code section 3426 et seq.), or otherwise protected from disclosure pursuant to an exemption to the California Public Records Act (Government Code Sections 6254 and 6255). In order to designate information as confidential, the Disclosing Party must clearly stamp and identify the specific portion of the material designated with the word “Confidential”. The Parties agree not to over-designate material as confidential. Over-designation would include stamping whole agreements, entire pages or series of pages as confidential that clearly contain information that is not confidential. Upon request or demand of any third person or entity not a party to this Agreement (“Requestor”) for production, inspection and/or copying of information designated by a Party as confidential information (such designated information, the “Confidential Information”), the Receiving Party Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 5 shall notify the Disclosing Party as soon as practical that such request has been made. The Disclosing Party shall be solely responsible for taking whatever legal steps are necessary to protect information deemed by it to be Confidential Information and to prevent release of information to the Requestor by the Receiving Party. If the Disclosing Party takes no such action after receiving the foregoing notice from the Receiving Party, the Receiving Party shall be permitted to comply with the Requestor’s demand and is not required to defend against it.

Governing Law: Notwithstanding Section 24 of the Master Agreement, this Transaction and governing law applicable to this Transaction shall as set forth in the following paragraph.

Governing Law. This agreement and the rights and duties of the parties hereunder shall be governed by and construed, enforced and performed in accordance with the laws of the state of California, without regard to principles of conflicts of law. To the extent enforceable at such time, each party waives its respective right to any jury trial with respect to any litigation arising under or in connection with this agreement.

Collateral/Credit
Requirements:

No Resale: Purchaser shall not resell the Product to any third party except pursuant to the prior written consent of Seller.

No Recourse to
Members:

The Parties are each organized as a Joint Powers Authority in accordance with the Joint Exercise of Powers Act of the State of California (Government Code Section 6500, et seq.) and are each a public entity separate from their constituent members. Each Party will solely be responsible for all of its debts, obligations and liabilities accruing and arising out of this Confirmation. Each Party agrees that it shall have no rights and shall not make any claims, take any actions or assert any remedies against any of the other Party’s constituent members, or the officers, directors, advisors, contractors, consultants or employees of the other Party or the other Party’s constituent members, in connection with this Confirmation.

Notices: Notwithstanding Section 12.1 of the Master Agreement, notices under this Confirmation shall be in writing and shall be deemed properly served, given or made if delivered by hand delivery, United States mail, overnight courier service, or email. The following names and addresses shall be used for notices Appendix A East Bay Community Energy
I
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 6 Counterparts: This Confirmation may be signed in any number of counterparts with the same effect as if the signatures to the counterparts were upon a single instrument.

The Parties may rely on electronic or scanned signatures as originals under this Confirmation. Delivery of an executed signature page of this Confirmation by electronic mail transmission (including PDF) shall be the same as delivery of a manually executed signature page.

Entire Agreement;
No Oral Agreements
or Modifications:

This Confirmation sets forth the terms of the Transaction into which the Parties have entered and shall constitute the entire agreement between the Parties relating to the contemplated purchase and sale of the Product. Notwithstanding any other provision of the Agreement, this Transaction may be confirmed only through a Documentary Writing executed by both Parties, and no amendment or modification to this Transaction shall be enforceable except through a Documentary Writing executed by both Parties.

Definitions: Any capitalized terms used in this Confirmation but not otherwise defined below shall have the meaning ascribed to such term in the Master Agreement:
“Business Day” means all calendar days other than those days on which the Federal Reserve member banks in New York City are authorized or required by law to be closed, and shall be between the hours of 8:00 a.m. and 5:00 p.m.

Pacific Prevailing Time for the relevant Party’s principal place of business where the relevant Party, in each instance unless otherwise specified, shall be the Party from whom written communications or payment or delivery is being sent and by whom written communications or payment or delivery is to be received.
“CAISO” means the California Independent System Operator Corporation or the successor organization to the functions thereof.
“California RPS” or “California Renewables Portfolio Standard” means the California renewables portfolio standard, as set forth in Cal. Pub. Util. Code §§ 399.11 et seq. and Cal. Pub. Res. Code §§ 25740-25751, and as administered by the CEC as set forth in the CEC RPS Eligibility Guidebook (9th Ed.), as may be subsequently modified by the CEC, and the California Public Utilities Commission (“CPUC”) as set forth in CPUC Decision (“D”) 08-08-028, D.08- Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 7 04-009, D.11-01-025, D.11-12-020, D.11-12-052, D.12-06-038 and D.14-12- 023, and as may be modified by subsequent decision of the CPUC or by subsequent legislation, and regulations promulgated with respect thereto. “CEC” means the California Energy Commission.
“CPUC” means the California Public Utilities Commission. “Energy” means electrical energy, measured in MWh.
“Governmental Authority” or “Governmental Entity” means any federal, state, local or municipal government, governmental department, commission, board, bureau, agency, or instrumentality, or any judicial, regulatory or administrative body, or the CAISO or any other transmission authority, having or asserting jurisdiction over a Party or the Agreement.
“Green Attributes” means any and all credits, benefits, emissions reductions, offsets, and allowances, howsoever entitled, attributable to the generation from the Resource, and its avoided emission of pollutants. Green Attributes include but are not limited to Renewable Energy Credits, as well as: (a) any avoided emission of pollutants to the air, soil or water such as sulfur oxides (SOx), nitrogen oxides (NOx), carbon monoxide (CO) and other pollutants; (b) any avoided emissions of carbon dioxide (CO2), methane (CH4), nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases (GHGs) that have been determined by the United Nations Intergovernmental Panel on Climate Change, or otherwise by Law, to contribute to the actual or potential threat of altering the Earth’s climate by trapping heat in the atmosphere; (c) the reporting rights to these avoided emissions, such as Green Tag Reporting Rights. Green Tag Reporting Rights are the right of a Green Tag Purchaser to report the ownership of accumulated Green Tags in compliance with federal or state Law, if applicable, and to a federal or state agency or any other party at the Green Tag Purchaser’s discretion, and include without limitation those Green Tag Reporting Rights accruing under Section 1605(b) of The Energy Policy Act of 1992 and any present or future federal, state, or local Law, regulation or bill, and international or foreign emissions trading program. Green Tags are accumulated on a MWh basis and one Green Tag represents the Green Attributes associated with one (1) MWh of Electric Energy. Green Attributes do not include (i) any Electric Energy, capacity, reliability or other power attributes from the Resource, (ii) production tax credits associated with the construction or operation of the Resource and other financial incentives in the form of credits, reductions, or allowances associated with the Resource that are applicable to a state or federal income taxation obligation, (iii) fuel-related subsidies or “tipping fees” that may be paid to Seller to accept certain fuels, or local subsidies received by the generator for the destruction of particular preexisting pollutants or the promotion of local environmental benefits, or (iv) emission reduction credits encumbered or used by the Resource for compliance with local, state, or federal operating and/or air quality permits. If the Resource is a biomass or biogas facility and Seller receives any tradable Green Attributes based on the greenhouse gas reduction benefits or other emission offsets attributed to its fuel usage, it shall provide Purchaser with sufficient Green Attributes to ensure that there are zero net emissions associated with the production of electricity from the Resource.

Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A 8 “Greengate Resources” means the Blackspring Ridge IA Wind Project, and Blackspring Ridge IB Wind Project (all affiliates of Greengate Power Corporation).
“Letter of Credit” has the meaning set forth in the Master Agreement. “Long-Term Resource Pool” means Resources in Exhibit A reflecting power purchase agreements with terms that have more than 10 years remaining from the start of the Delivery Period.
“MW” means megawatt.
“MWh” means megawatt-hour.
“NP 15” means the transmission area north of Path 15.
“PCIA” or “Power Charge Indifference Adjustment” is a charge to ensure that both PG&E customers and those who have left PG&E service to purchase electricity from other providers pay for the above-market costs for electric generation resources that were procured by PG&E on their behalf. “Above market” refers to expenditures for generation resources that cannot be fully recovered through sales of these resources at current market prices. “PG&E” means the Pacific Gas and Electric Company, its successors and assigns.
“Renewable Energy Credits” or “REC” has the meaning set forth in California Public Utilities Code Section 399.12(h) and CPUC Decision 08-08-028, as may be amended from time to time or as further defined or supplemented by Law. “Resource” means generation units contracted for through power purchase agreements by Seller with PG&E.
“Resource Adequacy” or “RA” means the procurement obligation of load serving entities, as such obligations are described in CPUC Decisions D.04-10- 035 and D.05-10-042 and subsequent CPUC decisions addressing Resource Adequacy issues, as those obligations may be altered from time to time, and all other capacity procurement obligations established by any other entity, including the CAISO.
“RPS Energy” means the Energy generated from Resources in the Resource Pool.
“Scheduling Coordinator (SC)” means an entity certified by the CAISO to perform the functions as described in the Tariff.
“Tariff” means the FERC-approved California Independent System Operator Tariff, including any current CAISO-published “Operating Procedures” and “Business Practice Manuals,” as may be amended, supplemented or replaced from time to time.
“WREGIS” means the Western Renewable Energy Generation Information System or any successor renewable energy tracking program. “WREGIS Certificate” has the same meaning as “Certificate” as defined by WREGIS in the WREGIS Operating Rules and are designated as eligible for complying with the California Renewables Portfolio Standard.

Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

EAST BAY COMMUNITY ENERGY
AUTHORITY, a California joint powers
authority
Sign:

Print: Nick Chaset
Title: CEO

SILICON VALLEY CLEAN ENERGY
AUTHORITY, a California joint powers
authority
Sign:

Girish Balachandran
Print:

Title: CEO
Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A Exhibit A - 1

EXHIBIT A

LIST OF RESOURCES IN LONG-TERM RESOURCE POOL
Resource Name Technology CEC RPS
ID
PCIA
Vintage
End Date
Montezuma Wind Energy Center Wind 60543 2010 1/27/2036
High Plains Ranch II Solar PV 60603 2008 10/30/2038
Topaz Solar Farm Solar PV 61698 2008 10/26/2039
Ivanpah Unit 1 Solar Thermal 62273 2009 1/20/2039
Ivanpah Unit 3 Solar Thermal 62275 2009 1/26/2039
AV Solar Ranch One Solar PV 60790 2009 11/20/2039
Alpine Solar Project Solar PV 60755 2010 1/17/2033
Agua Caliente Solar Project Solar PV 60894 2009 6/22/2039 High Plains Ranch III Solar PV 60603 2010 9/30/2038
Mojave Solar Project Solar Thermal 60848 2009 12/3/2039 Genesis Solar Energy Project Solar Thermal 60605 2009 3/6/2039 DTE Stockton Biomass 60964 2009 2/20/2039
Alpaugh 50 Solar PV 60945 2010 3/7/2038
Alpaugh North Solar PV 60946 2010 3/7/2038
Atwell Island Solar PV 60947 2010 3/11/2038
Corcoran Solar PV 60948 2010 8/14/2038
White River Solar PV 60949 2010 6/26/2038
Sunshine Landfill Landfill Gas 60815 2010 8/31/2034
Potrero Hills Landfill Landfill Gas 63116 2010 4/12/2041 Blackspring Ridge IA Wind 60987 2010 5/11/2034
Blackspring Ridge IB Wind 60988 2010 5/11/2034
Desert Center Solar Farm Solar PV 61068 2010 12/16/2039 Mesquite Solar 1 Solar PV 60875 2010 3/7/2033
North Star Solar Solar PV 61198 2010 6/18/2035
Vasco Wind Energy Center Wind 61344 2010 3/12/2037
Montezuma II Wind Energy Center Wind 61345 2010 3/13/2037 Kansas South Solar PV 61264 2011 6/24/2033
Westlands Solar Farms Solar PV 61755 2011 4/30/2034
Orion Solar Solar PV 61570 2011 6/25/2034
North Sky River Energy Center Wind 61385 2011 12/20/2037 Copper Mountain Solar 2 Solar PV 60990 2011 5/12/2040
Shiloh IV Wind Project Wind 61617 2011 1/27/2038
Mammoth G3 Geothermal 60315 2012 3/31/2033
West Antelope Solar PV 61850 2012 2/8/2035
Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A Exhibit A - 2
Resource Name Technology CEC RPS ID PCIA
Vintage
End Date
Western Antelope Blue Sky Ranch A Solar PV 61517 2012 2/16/2035 Nevada Irrigation District Small Hydro 60264 / 60265/ 2012 6/30/2033 (NID) - Dutch Flat / Rollins/ Bowman 60171
SPI Biomass Portfolio – Anderson 2 / Biomass 61146 / 60087/ 2012 9/8/2035 Burney / Lincoln/ Sonora / Quincy 60088 / 60576/
60089
Kansas Solar PV 61263 2012 12/31/2037
Lost Hills Solar Solar PV 61893 2012 12/31/2043
Cuyama Solar Array Solar PV 61891 2012 12/31/2043
Blackwell Solar Solar PV 61892 2012 12/31/2043
Henrietta Solar Solar PV 61841 2012 9/30/2036
Kent South Solar PV 61262 2012 2/18/2035
Algonquin SKIC 20 Solar Solar PV 61558 2012 5/14/2035
White River Solar 2 Solar PV 62045 2012 10/1/2034
Mammoth G1 Geothermal 60306 2012 12/25/2033
Alamo Solar, LLC Solar PV 61453 2012 6/29/2035
CID Solar PV Project Solar PV 62285 2012 3/19/2035
Old River One Solar PV 60853 2013 2/8/2035
Shafter Solar Solar PV 62325 2013 7/15/2035
Rising Tree Wind Farm II Wind 62426 2013 8/6/2035
Kekawaka Creek Hydroelectric Facility Small Hydro 60186 2013 5/31/2035 RE Astoria Solar PV 62284 2013 1/2/2034
Midway Solar Farm I Solar PV 61295 2013 5/31/2040
California Flats Solar Project Solar PV 62552 2013 4/9/2034 Portal Ridge Solar C Project Solar PV 61684 2014 4/20/2037 Sunray 2 Solar PV 62694 2014 8/24/2037
Bayshore Solar A Solar PV 63133 2015 1/22/2038
Bayshore Solar B Solar PV 63134 2015 1/22/2038
Bayshore Solar C Solar PV 63135 2015 1/22/2038
Java Solar Solar PV 63137 2016 12/31/2039
RE Gaskell West 3 Solar PV 63619 2017 1/14/2038
RE Gaskell West 4 Solar PV 63617 2017 1/14/2038
RE Gaskell West 5 Solar PV 63618 2017 1/14/2038
PGE Alta Small Hydro 60033 Pre-2002 N/A
PGE Coleman Small Hydro 60037 Pre-2002 N/A
PGE Cow Creek Small Hydro 60038 Pre-2002 N/A
PGE Crane Valley Small Hydro 60039 Pre-2002 N/A
PGE Deer Creek Small Hydro 60040 Pre-2002 N/A
PGE De Sabla Small Hydro 60041 Pre-2002 N/A
PGE Dutch Flat 1 Small Hydro 60042 Pre-2002 N/A
Appendix A
East Bay Community Energy
DocuSign DocuSign DocuSign Envelope Envelope Envelope ID: 48A4BFF6 240A2B1E 9F03DA21-BB99 2BB8 DF21-40D021C 4EB1--93A7639 A4A5---F6E73615E988 2A3BE1259355 B7BDA81DC35A Exhibit A - 3
Resource Name Technology CEC RPS ID PCIA
Vintage
End Date
PGE Halsey Small Hydro 60043 Pre-2002 N/A
PGE Hat 1 Small Hydro 60045 Pre-2002 N/A
PGE Hat 2 Small Hydro 60046 Pre-2002 N/A
PGE Newcastle Small Hydro 60053 Pre-2002 N/A
PGE Oak Flat Small Hydro 60276 Pre-2002 N/A
PGE Phoenix Small Hydro 60054 Pre-2002 N/A
PGE Potter Valley Small Hydro 60055 Pre-2002 N/A
PGE Five Points Solar PV 61432 2010 N/A
PGE Stroud Solar PV 61434 2010 N/A
PGE Westside Solar PV 61433 2010 N/A
PGE Cantua Solar PV 61823 2011 N/A
PGE Giffen Solar PV 61822 2011 N/A
PGE Huron Solar PV 61821 2011 N/A
PGE Gates Solar PV 62353 2012 N/A
PGE Guernsey Solar PV 62354 2012 N/A
PGE West Gates Solar PV 62352 2012 N/A
PGE Rock Creek RPS Small Hydro 62269 Pre-2002 N/A
PGE San Joaquin 1A Small Hydro 60056 Pre-2002 N/A
PGE San Joaquin 2 Small Hydro 60057 Pre-2002 N/A
PGE South Small Hydro 60059 Pre-2002 N/A
PGE Spaulding 1 Small Hydro 60060 Pre-2002 N/A
PGE Spaulding 2 Small Hydro 60061 Pre-2002 N/A
PGE Spaulding 3 Small Hydro 60062 Pre-2002 N/A
PGE Spring Gap Small Hydro 60063 Pre-2002 N/A
PGE Toadtown Small Hydro 60064 Pre-2002 N/A
Vaca-Dixon Solar (PG&E) Solar PV 60966 2010 N/A
PGE Volta 1 Small Hydro 60066 Pre-2002 N/A
PGE Volta 2 Small Hydro 60067 Pre-2002 N/A
PGE West Point Small Hydro 60068 Pre-2002 N/A
PGE Wise 1 Small Hydro 60069 Pre-2002 N/A
PGE Wise 2 Small Hydro 60070 Pre-2002 N/A
PGE A.G.Wishon Small Hydro 60032 Pre-2002 N/A
Appendix A
East Bay Community Energy

Silicon Valley Clean Energy Board of DirectorsAugust 10, 2022

Silicon Valley Clean Energy Board of Directors
August 10, 2022