Agenda packet — Silicon Valley Clean Energy Board of Directors, January 11, 2023 (part 1 of 2)

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Pursuant to the Americans with Disabilities Act, if you need special assistance in this meeting, please contact the Clerk for the Authority at (408) 721-5301 x1005. Notification 48 hours prior to the meeting will enable the Authority to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.105 ADA Title II).

City of Campbell
City of Cupertino
City of Gilroy
City of Los Altos
Town of Los Altos Hills
Town of Los Gatos
City of Milpitas
City of Monte Sereno
City of Morgan Hill
City of Mountain View
City of Saratoga
City of Sunnyvale
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
Silicon Valley Clean Energy Authority
Board of Directors Meeting
Wednesday, January 11, 2023
7:00 pm
Cupertino Community Hall
10350 Torre Avenue
Cupertino, CA
Teleconference Meeting
Webinar:
https://cityofcupertino.zoom.us/j/97323127501
Telephone (Audio Only):

US: +1 669-900-6833
Webinar ID: 973 2312 7501
In accordance with California Government Code Section 54953(e), in consideration of the Coronavirus (COVID-19), members of the Silicon Valley Clean Energy Board of Directors and staff have the option to participate in this meeting by teleconference.

Members of the public may also attend this meeting in person, or observe this meeting electronically by accessing the meeting via instructions above. Public Comments can be sent in advance of the meeting via email up to three hours before the meeting begins to Board Clerk Andrea Pizano at [email protected] and will be distributed to the Board of Directors. The public will also have an opportunity to provide comments during the meeting. Members of the public participating remotely and using Zoom may comment during public comment or the applicable agenda item by using the Raise Hand feature and you will be recognized by the Chair. Those using the telephone (audio only) feature should press star 9 on your phones to initiate the “Raise Hand” function in Zoom. You will then be announced, unmuted, and your time to speak will begin.

The public may provide comments on any matter listed on the Agenda. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute.

If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please rA'\ s1ucoN vALLEY ~ CLEAN ENERGY

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AGENDA
Call to Order
Roll Call
Public Comment on Matters Not Listed on the Agenda
The public may provide comments on any matter not listed on the Agenda provided that it is within the subject matter jurisdiction of SVCE. Speakers are customarily limited to 3 minutes each, however, the Board Chair may increase or decrease the time allotted to each speaker based on the number of speakers, the length of the agenda and the complexity of the subject matter. Speaking time will not be decreased to less than one minute.

Consent Calendar (Action)
1a) Approve Minutes of the December 14, 2022, Board of Directors Meeting 1b) Receive November 2022 Treasurer Report
1c) Adopt Resolution Authorizing Public Meetings to Continue to Be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings
1d) Appoint SVCE Treasurer/Auditor and Board Secretary for 2023 1e) Authorize the Chief Executive Officer to Execute Amendments to the Project Participation Share Agreements with California Community Power and Participating Community Choice Aggregators Related to Two Long Duration Storage Projects and Two Firm Clean Resource Projects 1f) Receive Q4 2022 Decarbonization Programs Update
1g) Receive SVCE Rate Schedules Effective January 1, 2023 1h) Approve SVCE Hybrid Meeting Policy
1i) California Community Power Report
1j) Additional Committee Reports
Regular Calendar
2) CEO Report (Discussion)
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City of Campbell
City of Cupertino
City of Gilroy
City of Los Altos
Town of Los Altos Hills
Town of Los Gatos
City of Milpitas
City of Monte Sereno
City of Morgan Hill
City of Mountain View
City of Saratoga
City of Sunnyvale
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
3) Elect a Chair and Vice Chair of the SVCE Board of Directors for 2023 (Action)
4) Appoint Directors to the 2023 SVCE Executive Committee (Action) 5) Clean Energy Procurement Informational Update (Presentation) Board Member Announcements and Direction on Future Agenda Items Adjourn
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Silicon Valley Clean Energy Revised: May 26, 2022
1 SVCE

GLOSSARY OF TERMS
BTM – Behind the Meter – Customer-sited resources which connect to the distribution system on the customer’s side of the utility’s meter. See also “DER”.

CAISO – California Independent System Operator - a non-profit independent system operator that oversees the operation of the California bulk electric power system, transmission lines and electricity market generated and transmitted by its members (~80% of California’s electric flow). Its stated mission is to “operate the grid reliably and efficiently, provide fair and open transmission access, promote environmental stewardship and facilitate effective markets and promote infrastructure development. CAISO is regulated by FERC and governed by a five-member governing board appointed by the governor.

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

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

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

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

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

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

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

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

DER – Distributed Energy Resource – A small-scale unit of power generation that operates locally and is connected to a larger power grid at the distribution level.

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

Silicon Valley Clean Energy Revised: May 26, 2022
2 DLAP – Default Load Aggregation Point – In the CAISO’s electricity optimization model, DLAP is the node at which all bids for demand should be submitted and settled. SVCE settles its CAISO load at the PG&E DLAP as SVCE is in the PG&E transmission access charge area.

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

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

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

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

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

EV – Electric Vehicle
FERC – Federal Energy Regulatory Commission – Independent federal agency that regulates the interstate transmission of electricity, natural gas and oil. The CAISO is subject to FERC jurisdiction.

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

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

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

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

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

IRP – Integrated Resource Plan – A plan which outlines an electric utility’s resource needs in order to meet expected electricity demand long-term.
kW – Kilowatt – Measure of power where power (watts) = voltage (volts) x amperage (amps) and 1 kW = 1000 watts
Silicon Valley Clean Energy Revised: May 26, 2022
3 kWh – Kilowatt-hour – This is a measure of consumption. It is the amount of electricity that is used over some period of time, typically a one-month period for billing purposes. Customers are charged a rate per kWh of electricity used.

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

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

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

Load - An end use device or customer that receives power from an energy delivery system. Load should not be confused with Demand, which is the measure of power that a load receives or requires. See Demand.

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

MMT – Million Metric Tonnes – Common unit of measurement in regulatory and policy space for California’s GHG emissions.

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

NERC – Noth American Electric Reliability Corporation – Non-profit regulatory authority whose mission is to assure the reliability and security of the grid.

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

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

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

PCC1 – RPS Portfolio Content Category 1 – Bundled renewables where the energy and REC are dynamically scheduled into a California Balancing Authority (CBA) such as the CAISO. Also known as “in-state” renewables PCC2 – RPS Portfolio Content Category 2 – Bundled renewables where the energy and REC are from out-of-state and not dynamically scheduled to a CBA.

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

PCL – Power Content Label – A user-friendly way of displaying information to California consumers about the energy resources used to generate the electricity they sell, as required by AB 162 (Statue of 2009) and Senate Bill Silicon Valley Clean Energy Revised: May 26, 2022
4 1305 (Statutes of 1997).

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

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

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

PRM – Planning Reserve Margin – Additional level of procurement required in the RA program above the expected peak requirement to account for variability in supply (e.g. plant outages) and demand (e.g. extreme weather). Currently set at 15%.

PSPS – Public Safety Power Shutoff – An event in which the IOUs purposely turn off segments of the grid due to high risk of ignition and wildfires.

RA – Resource Adequacy - Under its Resource Adequacy (RA) program, the California Public Utilities Commission (CPUC) requires load-serving entities—both independently owned utilities and electric service providers—to demonstrate in both monthly and annual filings that they have purchased capacity commitments to contribute their share of system reliability. Today LSEs must procure no less than 115% of the peak hour load. In 2023 and 2024, this will increase to 116% and 117% respectively. Beginning in 2025 a new RA program will be implemented requiring LSEs show capacity to meet their hourly reliability needs, the “PRM” adder is still undetermined.

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

REC - Renewable Energy Certificate - A REC is the property right to the environmental benefits associated with generating renewable electricity. For instance, homeowners who generate solar electricity are credited with 1 solar REC for every MWh of electricity they produce. Utilities obligated to fulfill an RPS requirement can purchase these RECs on the open market.

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

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

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

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

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

Silicon Valley Clean Energy Revised: May 26, 2022
5 VPP – Virtual Power Plant – A cloud-based energy supply made up of a collection of an aggregation of distributed energy resources (DERs), such as smart EV chargers, smart thermostats, building energy management systems, battery storage systems, solar PV and smart inverters.

WECC – Western Electricity Coordinating Council - WECC promotes bulk power system reliability and security in the Western Interconnection, which covers most of the western United States. WECC is the Regional Entity responsible for compliance, monitoring and enforcement and oversees reliability planning and assessments.

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Silicon Valley Clean Energy Authority
Board of Directors Meeting
Wednesday, December 14, 2022
7:00 pm
Cupertino Community Hall
10350 Torre Avenue
Cupertino, CA
Pursuant to State of California Gov’t Code Section 54953 (e) the meeting was conducted via teleconference with an option for members of the Board of Directors and staff to participate in person.

DRAFT MEETING MINUTES
Call to Order:

Chair Gibbons called the Regular Meeting to order at 7:06 p.m.

Roll Call

Present:

Liz Gibbons (Chair), Campbell
George Tyson (Vice Chair), Los Altos Hills
Hung Wei, Cupertino
Rebeca Armendariz, Gilroy
Neysa Fligor, Los Altos
Rob Rennie, Los Gatos
Evelyn Chua, Milpitas
Bryan Mekechuk, Monte Sereno
Margaret Abe-Koga, Mountain View
Tina Walia, Saratoga
Larry Klein, Sunnyvale
Otto Lee, Santa Clara County

Absent:

Yvonne Martinez Beltran, Morgan Hill
Chair Gibbons, Vice Chair Tyson, Director Abe-Koga, Director Klein, Director Mekechuk, Director Lee, Director Rennie and Director Walia attended in person; all other Directors attended via teleconference.

Chair Gibbons announced Item 7) Hybridization of Gas Peaking Fleet would not be addressed and would be heard at a future meeting, and a Closed Session would be heard following Item 8) New Construction Reach Code Update.

Adoption of Resolutions Commending Director Gibbons, Ellahie, Fligor, and Willey, and Alternate Directors Larsson and Sayoc for Their Dedicated Service to SVCE Vice Chair Tyson led the item. A video was shown acknowledging and thanking SVCE’s outgoing 2022 board directors.

Vice Chair Tyson presented resolutions to Alternate Director Larsson, Director Ellahie, Chair Gibbons and Item 1a Draft Minutes of the 12/14/22 SVCE BOD Meeting
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Director Fligor; all reflected on their time serving on SVCE’s Board of Directors and thanked fellow directors and staff.

MOTION: Alternate Director Mekechuk moved and Director Lee seconded the motion to adopt Resolutions 2022-31, 2022-32, 2022-33, 2022-34, 2022-35, 2022-36 commending Director Gibbons, Ellahie, Fligor, and Willey, and Alternate Directors Larsson and Sayoc for their dedicated service to SVCE.

Directors Walia, Abe-Koga, Rennie, Lee, Chua, and Alternate Director Wei provided comments and thanked outgoing board members.

Vice Chair Tyson opened Public Comment.

No speakers.

Vice Chair Tyson closed Public Comment.

The motion carried unanimously with Director Martinez Beltran absent.

Chair Gibbons proceeded to preside over the remainder of the meeting.

Public Comment on Matters Not Listed on the Agenda
No speakers.

Consent Calendar
There were no questions or comments from the Board; there were no requests from the public to speak on any matter on the Consent Calendar.
1a) Approve Minutes of the November 9, 2022, Board of Directors Meeting 1b) Receive October 2022 Treasurer Report
1c) Adopt Resolution Authorizing Public Meetings to Continue to Be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings 1d) Adopt Resolution Establishing SVCE E-ELEC (“Electric Home”) Generation Rate for Residential Customers, to Correspond with New PG&E Rate 1e) Acknowledge Additional Meeting Expenses with Pisenti & Brinker, LLP for Past Financial Audits
1f) Executive Committee Report
1g) Closing Report of the 2022 Ad Hoc Committee of the Board to Address Legislative and Regulatory Response to Industry Transition
1h) California Community Power Report
1i) Additional Committee Reports
MOTION: Director Rennie moved and Director Abe-Koga seconded the motion to approve the Consent Calendar, Items 1a through 1i.

The motion carried unanimously by verbal roll call vote with Director Martinez Beltran absent.

Regular Calendar
2) CEO Report (Discussion)
CEO Girish Balachandran introduced new Decarbonization Data Engineer, Sangeetha Kumar, who provided brief welcome comments.

Item 1a Draft Minutes of the 12/14/22 SVCE BOD Meeting

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3) Approve 2023 Legislative Policy Platform and Identify Focus Areas for the 2023 Legislative Ad Hoc Committee (Action)
Bena Chang, Senior Manager of Government Affairs, provided a presentation on SVCE’s 2023 legislative policy platform and creation of the ad hoc committee of the Board to address legislative response to industry transition (“Leg Ad Hoc Committee”). The presentation included a review of the 2022 legislative year and 2023 forecast, the proposed 2023 draft legislative policy platform and top policy areas, and the purpose for the request to establish a legislative ad hoc committee.

Senior Manager of Government Affairs Chang responded to questions and comments from board members.

Chair Gibbons opened Public Comment.

No speakers.

Chair Gibbons closed Public Comment.

MOTION: Director Rennie moved and Director Lee seconded the motion to approve SVCE’s 2023 Policy Platform and create the 2023 Legislative Ad Hoc Committee.

The motion carried unanimously with Director Martinez Beltran absent. 4) Adopt Resolution to Increase SVCE’s Generation Rate Discount, and Dedicate Funding for an Electrification Discount Rate and Multifamily Direct-Install Program (Action) Don Bray, Director of Strategic Development, Adam Selvin, Director of Energy Services and Community Relations, and Peter Mustacich, Energy Services Lead, provided a presentation with a request to increase SVCE’s generation rate discount to 4% and authorize the CEO to allocate $19M to fund an electrification discount and expansion of the low-income multifamily direct-install program.

Staff presented information on updated financial projections, the new electrification rate discount, 2023 discount options, expansion of the multifamily direct-install program to address the electrification gap for renters by including electric heating retrofits, and allocating available funds between the new electrification discount and the expanded multifamily direct-install program.

Staff responded to board member questions regarding the forecasted budget projections, multiunit properties with Homeowner Associations and how that may impact the electric heating retrofits, budgeted amount for the electrification discount, clarification that the request includes that approved funds can be shifted between the electrification discount and multifamily direct-install program if needed, multifamily unit projections and budget, projected discount for the average consumer, messaging to customers regarding new rates in 2023, how the funds are allocated for the multifamily direct-install program, a request to factor in the different communities of our member agencies and identify sums for each city, and prioritization for affordable housing.

Chair Gibbons opened Public Comment.

Bruce Karney, Mountain View Resident and Chair of Carbon Free Mountain View, requested the board approve Option 1 of the staff presentation, providing a 2% discount to customers, to leave more money for programs to bend the carbon curve. Mr. Karney noted he would like to see the data of how much the carbon curve is bending in SVCE territory, and requested clarification if the discount rate would apply to commercial customers or only residential customers.

Chair Gibbons closed Public Comment.

Director of Strategic Development Bray noted the discount applied to commercial and residential customers.

Item 1a Draft Minutes of the 12/14/22 SVCE BOD Meeting

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Chair Gibbons noted the Executive Committee discussed some of Mr. Karney’s concerns, and the consensus was to balance how to best use the funds.

Directors provided comments on the various alternatives presented by staff.

MOTION: Director Mekechuk moved and Director Lee seconded the motion to Adopt Resolution 2022-39 1) authorizing the CEO to implement SVCE generation rate changes effective January 1, 2023 or within three weeks thereafter, increasing from a 1% to a 4% discount to PG&E’s new generation rates, and 2) authorizing the CEO to allocate $19M to fund a) an electrification discount, and b) expansion of the low-income multifamily direct-install program, each at $9.5M but funding flexible between a) and b).

The motion carried unanimously with Director Martinez Beltran absent. 5) Update on Hybrid Meeting Requirements Following Termination of Emergency Order (Discussion)
Kevin Armstrong, Deputy Director of Administrative Services, provided a presentation on hybrid meeting requirements following the termination of Governor Newsom’s COVID-19 emergency order on February 28, 2023.

General Counsel Trisha Ortiz provided additional information on AB 2449, an amendment to traditional Brown Act rules which provides an exception under extraordinary circumstances for members to participate in meetings remotely.

Board members provided comments and feedback on the use of AB 2449 for SVCE meetings; General Counsel Ortiz responded to board member questions and provided clarifications.

Chair Gibbons opened Public Comment.

No speakers.

Chair Gibbons closed Public Comment.

Chair Gibbons summarized comments on direction to staff for regular meetings to be conducted under the existing Brown Act, however there is the potential for utilizing AB 2449 on an emergency basis if the requirements are met.
6) SVCE Information Update on 2023 SVCE Board Elections (Discussion) Board Clerk Andrea Pizano provided a presentation on information for the upcoming Chair, Vice Chair and committee selections.

Chair Gibbons opened Public Comment.

No speakers.

Chair Gibbons closed Public Comment.
7) Hybridization of Gas Peaking Fleet (Presentation)
The item was not heard.
8) New Construction Reach Code Update (Presentation)
Zoe Elizabeth, Deputy Director of Decarbonization Programs and Policy, presented a PowerPoint presentation providing a status update on reach code efforts.

Board members thanked staff for their work and support.

Item 1a Draft Minutes of the 12/14/22 SVCE BOD Meeting

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Chair Gibbons opened Public Comment.

No speakers.

Chair Gibbons closed Public Comment.

Board Member Announcements and Future Agenda Items
Director Chua thanked outgoing directors for their service on SVCE’s Board.

Alternate Director Mekechuk announced he attended the Rabbitbrush Ribbon Cutting ceremony in Kern County on November 30, 2022 and shared photos from the event.

Public Comment on Closed Session
No speakers.

Closed Session
The Board convened to Closed Session at 9:54 p.m. to discuss the following:

Conference with Legal Counsel – Anticipated Litigation
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case) Report from Closed Session
The Board returned from Closed Session at 10:16 p.m.

Chair Gibbons announced there was nothing to report.

Adjourn
Chair Gibbons adjourned the meeting at 10:16 p.m.

ATTEST:
_____________________________
Andrea Pizano, Board Secretary
Item 1a Draft Minutes of the 12/14/22 SVCE BOD Meeting
1 TREASURER REPORT
Fiscal Year to Date
As of November 30, 2022
(Preliminary & Unaudited)
Issue Date: January 11, 2023
Table of Contents
Page
Summary 2
Statement of Net Position 4
Statement of Revenues, Expenses & Changes in Net Position 5 Statement of Cash Flows 6-7
Actuals to Budget Report 8-10
Monthly Change in Net Position 11
Investments Report 12
Customer Accounts 13
Accounts Receivable Aging Report 14

Item 1b Treasurer Report, November 2022
2 Financial Highlights for the month of November 2022:
> SVCE operations resulted in a change in net position of $10.4 million for the month of November and $21 million for fiscal-year-to-date (FYTD). > Retail GWh sales for the month landed -3.9% below budget. > FYTD operating margin of $24.5 million or ~35.2% is below budget expectations of 38.8% operating margin for the fiscal year to date. > FYTD Power Supply costs are 4.9% above budget.
> SVCE is investing ~93.8% of available funds generating FYTD interest income of $203 thousand.

Change in Net Position Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Total Budget Actual 10,608 10,380 - - - - - - - - - - 20,988 115,441 Power Supply Costs Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Total Budget Energy & REC's 18,322 15,903 34,225
Wholesale Sales (976) (300) (1,275)
Capacity 4,101 4,063 8,164
CAISO Charges (538) 3,364 2,826
NEM Expense 204 (150) 54
Charge/Credit (IST/Net Rev) 2,104 (1,060) 1,044
Net Power Costs 23,218 21,819 - - - - - - - - - - 45,038 325,296 Other Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Total Budget Capital Expenditures 34 - 34 200
Energy Programs 73 182 255 15,007
Load Statistics - GWh Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Total Budget Retail Sales Actual 299 296 595
Retail Sales Budget 315 308 331 336 295 309 290 313 340 358 369 342 3,907 3,907 * The financial results in this report are preliminary and subject to change pending closing of the books for the fiscal year. Any potential changes are not expected to be significant.

Financial Statement Highlights* ($ in 000's)

SILICON VALLEY CLEAN ENERGY AUTHORITY
Item 1b Treasurer Report, November 2022
3 Working Capital $239,707,863
Current Ratio 5.8
Operating Margin 34.9%
Expense Coverage Days 220
Long-Term Debt $0
Total Accounts 277,867
Opt-Out Accounts (Month) 62
Opt-Out Accounts (FYTD) 136
Opt-Up Accounts (Month) 4
Opt-Up Accounts (FYTD) 1
Other Statistics and Ratios
Item 1b Treasurer Report, November 2022

40.0 30.0 Ill
C:
0 : 20.0
~ 10.0

0.0 25.0

20.0 ~ 15.0
~
~ 10.0

5.0 0.0

YTD EXPENSES
Retail Sales -Month

33.7 34.8
Actual Budget
Controllable O&M - Month

23.5 23.5
Actual Budget
Depreciation

0.2%

14.7 I
FY21/22

19.2 FY21/22
Retail Sales -YTD

80.0 69.2 70.2

60.0 Ill
C:
0 : 40.0 32.1
~ I 20.0

0.0 Actual Budget FY21/22
Controllable O&M -YTD

60.0 48.4 47.6

50.0 Ill 40,0 35.1
C:
0 I : 30.0
~ 20.0

10.0 0.0
Actual Budget FY21/22
4 Current Assets
Cash & Cash Equivalents $ 221,347,595
Accounts Receivable, net of allowance 34,809,904
Accrued Revenue 22,565,908
Other Receivables 427,509
Prepaid Expenses 1,627,218
Deposits 8,817,608
Restricted cash 162,159
Total Current Assets 289,757,901
Noncurrent assets
Capital assets, net of depreciation 370,839
Lease asset, net of amortization 1,243,875
Deposits 45,630
Total Noncurrent Assets 1,660,344
Total Assets 291,418,245
Current Liabilities
Accounts Payable 1,237,134
Accrued Cost of Electricity 34,356,274
Other accrued liabilities 1,269,997
User Taxes and Energy Surcharges due to other gov'ts 1,137,347 Supplier securit deposits 11,400,000
Lease liability 487,127
Total Current Liabilities 49,887,879
Noncurrent Liabilities
Supplier security deposits 7,031,250
Lease liability 827,853
Total noncurrent liabilities 7,859,103
Total Liabilities 57,746,982
Net investment in capital assets 370,839
Restricted for security collateral 162,159
Unrestricted (deficit) 233,138,265
Total Net Position $ 233,671,263

NET POSITION

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF NET POSITION
As of November 30, 2022
ASSETS

LIABILITIES
Item 1b Treasurer Report, November 2022
5 OPERATING REVENUES
Electricity Sales, Net $ 68,879,683
GreenPrime electricity premium 256,719
Other income 17,505
TOTAL OPERATING REVENUES 69,153,907

OPERATING EXPENSES
Cost of Electricity 45,037,871
Contract services 1,513,185
Staff compensation and benefits 1,329,755
General & Administrative 382,377
Depreciation 101,020
TOTAL OPERATING EXPENSES 48,364,208
OPERATING INCOME(LOSS) 20,789,699

NONOPERATING REVENUES (EXPENSES)
Interest Income 202,829
Financing costs (4,787)
TOTAL NONOPERATING REVENUES (EXPENSES) 198,042
CHANGE IN NET POSITION 20,987,741
Net Position at beginning of period 212,683,522
Net Position at end of period $233,671,263

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES
October 1, 2022 through November 30, 2022

AND CHANGES IN NET POSITION
Item 1b Treasurer Report, November 2022
6 CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers $ 94,143,922
Other operating receipts 11,813,845
Payments to suppliers for electricity (47,224,963)
Payments for other goods and services (2,275,097)
Payments for staff compensation and benefits (1,184,627) Tax and surcharge payments to other governments (1,768,065) Net cash provided (used) by operating activities 53,505,015

CASH FLOWS FROM CAPITAL AND RELATED

FINANCING ACTIVITIES
Acquisition of capital assets (33,863)

CASH FLOWS FROM INVESTING ACTIVITIES
Interest income received 202,829
Net change in cash and cash equivalents 53,673,981
Cash and cash equivalents at beginning of year 167,835,773 Cash and cash equivalents at end of period $221,509,754 Reconciliation to the Statement of Net Position
Cash and cash equivalents (unrestricted) $ 221,347,595
Restricted cash 162,159
Cash and cash equivalents $ 221,509,754

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF CASH FLOWS
October 1, 2022 through November 30, 2022
Item 1b Treasurer Report, November 2022
7 Operating Income (loss) $ 20,789,699
Adjustments to reconcile operating income to net cash
provided (used) by operating activities
Depreciation expense 101,020
(Increase) decrease in net accounts receivable 20,853,317 (Increase) decrease in other receivables (345,795)
(Increase) decrease in accrued revenue 2,942,790
(Increase) decrease in prepaid expenses (649,290)
(Increase) decrease in current deposits 11,747,214
Increase (decrease) in accounts payable 229,326
Increase (decrease) in accrued cost of electricity (3,245,957) Increase (decrease) in accrued liabilities 91,972
Increase (decrease) in energy settlements payable 1,547,369 Increase (decrease) in taxes and surcharges due to other governments (556,650) Net cash provided (used) by operating activities $ 53,505,015

RECONCILIATION OF OPERATING INCOME (LOSS) TO NET

CASH PROVIDED (USED) BY OPERATING ACTIVITIES

SILICON VALLEY CLEAN ENERGY AUTHORITY
STATEMENT OF CASH FLOWS (Continued)
October 1, 2022 through November 30, 2022
Item 1b Treasurer Report, November 2022
8 FYTD FYTD FY 2022-23 FY 2022-23
OPERATING REVENUES Actual Budget $ % Budget Remaining Budget Energy Sales $69,234,721 $70,011,784 -$777,063 -1% $482,930,000 $413,695,279 Green Prime Premium 256,719 154,932 101,787 66% 931,000 674,281 TOTAL OPERATING REVENUES 69,491,440 70,166,716 (675,276) -1% 483,861,000 414,369,560

ENERGY EXPENSES
Power Supply 45,037,871 42,940,747 2,097,124 4.9% 325,296,000 280,258,129 Operating Margin 24,453,569 27,225,969 (2,772,400) -10% 158,565,000

OPERATING EXPENSES
Data Management 531,540 568,750 (37,210) -7% 3,413,000 2,881,460 PG&E Fees 196,221 245,000 (48,779) -20% 1,470,000 1,273,779 Salaries & Benefits 1,329,755 2,004,069 (674,314) -34% 12,024,000 10,694,245 Professional Services 469,224 1,323,938 (854,714) -65% 8,016,000 7,546,776 Marketing & Promotions 64,152 151,232 (87,080) -58% 862,000 797,848 Notifications 33,836 21,875 11,961 55% 131,000 97,164
Lease 84,318 87,500 (3,182) -4% 525,000 440,682
General & Administrative 345,509 225,523 119,986 53% 1,857,000 1,511,491 TOTAL OPERATING EXPENSES 3,054,555 4,627,887 (1,573,332) -34% 28,298,000 25,243,445 OPERATING INCOME/(LOSS) 21,399,014 22,598,082 (1,199,068) -5% 130,267,000 108,867,986

NON-OPERATING REVENUES
Other Income 17,505 8,333 9,172 110% 50,000 32,495
Investment Income 202,829 82,979 119,850 144% 592,000 389,171 TOTAL NON-OPERATING REVENUES 220,334 91,312 129,022 141% 642,000 421,666

NON-OPERATING EXPENSES
Financing - 500 (500) -100% 3,000 3,000

CAPITAL EXPENDITURES, TRANSFERS,
& OTHER
Capital Outlay 33,863 33,333 530 2% 200,000 166,137
Transfer to Programs Fund 9,765,000 9,765,000 - 0% 9,765,000 - Nuclear Allocation 1,900,000 1,900,000 - 0% 1,900,000 - Customer Bill Relief 355,038 600,000 (244,962) -41% 3,600,000 3,244,962 TOTAL OTHER USES 12,053,901 12,298,333 (244,432) -2% 15,465,000 3,411,099

NET INCREASE(DECREASE) IN AVAILABLE
FUND BALANCE $9,565,447 $10,390,561 -$825,114 -8% $115,441,000 Variance

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through November 30, 2022
Item 1b Treasurer Report, November 2022
9 ADOPTED ACTUAL/

BUDGET ADOPTED
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer from Operating Fund $ 11,665,000 $ 11,665,000 $ - 100.0% EXPENDITURES & OTHER USES:

Program expenditures 15,007,082 254,712 14,752,370 1.7% Net increase (decrease) in fund balance $ (3,342,082) $11,410,288 Fund balance at beginning of period 28,536,229
Fund balance at end of period $39,946,517

ADOPTED ACTUAL/

BUDGET ADOPTED
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer from Operating Fund * $ - $ - $ -
EXPENDITURES & OTHER USES:

Program expenditures * 3,119,875 - 3,119,875
Net increase (decrease) in fund balance $ (3,119,875) 0 Fund balance at beginning of period 7,982,993
Fund balance at end of period $7,982,993

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through November 30, 2022

CUSTOMER RELIEF & COMMUNITY RESILIENCY FUND

PROGRAM FUND

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through November 30, 2022
Item 1b Treasurer Report, November 2022
,. ,.
10 Net Increase (decrease) in available fund balance
per budgetary comparison schedule $ 9,565,447
Adjustments needed to reconcile to the changes
in net position in the Statement of Revenues,
Expenses and Changes in Net Position
Subtract depreciation expense (101,020)
Subract program expense not in operating budget (254,712) Add back GASB 87 expenses not in operating budget 79,163 Add back transfer to Program fund 11,665,000
Add back capital asset acquisition 33,863
Change in Net Position 20,987,741

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGET RECONCILIATION TO STATEMENT OF

REVENUES, EXPENSES AND CHANGES IN NET POSITION
October 1, 2022 through November 30, 2022

OPERATING FUND
Item 1b Treasurer Report, November 2022
,..
11 October November December January February March April May June July August September YTD

OPERATING REVENUES
Electricity sales, net $ 35,283,024 $ 33,596,659 $ 68,879,683 Green electricity premium $ 133,572 $ 123,147 256,719
Other Income $ 2,250 $ 15,255 17,505
Total operating revenues 35,418,846 33,735,061 - - - - - - - - - - 69,153,907

OPERATING EXPENSES
Cost of electricity 23,218,378 21,819,493 45,037,871
Staff compensation and benefits 656,536 673,219 1,329,755 Data manager 265,853 265,687 531,540
Service fees - PG&E 98,200 98,021 196,221
Consultants and other professional fees 410,507 374,917 785,424 General and administration 200,337 182,040 382,377
Depreciation 50,510 50,510 101,020
Total operating expenses 24,900,321 23,463,887 - - - - - - - - - - 48,364,208 Operating income (loss) 10,518,525 10,271,174 - - - - - - - - - - 20,789,699

NONOPERATING REVENUES (EXPENSES)
Interest income 91,459 111,370 - - - - - - - - - - 202,829 Financing costs (2,428) (2,359) - - - - - - - - - - (4,787) Total nonoperating revenues (expenses) 89,031 109,011 - - - - - - - - - - 198,042 CHANGE IN NET POSITION $ 10,607,556 $ 10,380,185 $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 20,987,741

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN NET POSITION
October 1, 2022 through November 30, 2022
Item 1b Treasurer Report, November 2022
12 YTD
Return on Investments Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Total $91,459 $111,370 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $202,829 Portfolio Invested
Average daily portfolio available to invest* 172,316,490 194,339,856 Average daily portfolio invested 159,489,912 182,240,450 % of average daily portfolio invested 92.6% 93.8%
Detail of Portfolio
Opening Rate Current Rate
Carrying
Value
Interest
Earned
Money Market - River City Bank 1.26% 0.58% $205,159,899 $86,116 * Note: Balance available to invest does not include lockbox funds. -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

SILICON VALLEY CLEAN ENERGY AUTHORITY

INVESTMENTS SUMMARY
October 1, 2022 through November 30, 2022
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Item 1b Treasurer Report, November 2022
13 CUSTOMER ACCOUNTS
Item 1b Treasurer Report, November 2022

RESIDENTIAL ACCOUNTS
VJ 255
'tJ
C 250.2 250.4 !IS
VJ 250 ::::,
0 .c
I-245
240
235
230
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
- Actual - Budget"

NON-RESIDENTIAL ACCOUNTS
VJ 28.0
"C
C 27.J !IS
VJ 27.5 ::::,
0 J::. I-27.0

26.5 26.0

25.5 25.0
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
- Actual - Budget"
14 SILICON VALLEY CLEAN ENERGY AUTHORITY

ACCOUNTS RECEIVABLE AGING REPORT
October November December January February March April May June July August September 0 to 30 days 77.4% 76.1%
31 to 60 days 7.6% 7.9%
61 to 90 days 4.6% 4.8%
91 to 120 days 3.4% 2.9%
Over 120 days 7.0% 8.3%

TOTAL DUE
Bad Debt % (Budget)
1%
Accounts Receivable Days
30 Days
$39,834,987
Item 1b Treasurer Report, November 2022

AGE SUMMARY
$35,000,000
$30,316,949
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000 $3,144,209 $3,320,468
-
$1,899,684 $1,153,677
- $0
<30 days <60 days <90
-
days <120
-
days Older

Page 1 of 2 ends

Staff Report – Item 1c
Item 1c: Adopt Resolution Authorizing Public Meetings to Continue to Be Held Via Teleconferencing Pursuant to Government Code Section 54953(e) and Making Findings
From: Trisha Ortiz, General Counsel
Prepared by: Trisha Ortiz, General Counsel
Date: 1/11/2023

RECOMMENDATION
To continue meetings to be held via teleconferencing pursuant to Government Code Section 54953(e), adopt the attached Resolution 2023-01 making the findings required by Section 54953(e)(3).

BACKGROUND
Pursuant to Government Code Section 54953(b)(3) legislative bodies may meet by “teleconference” only if the agenda lists each location a member remotely accesses a meeting from, the agenda is posted at all remote locations, and the public may access any of the remote locations. Additionally, a quorum of the legislative body must be within the legislative body’s jurisdiction.

Due to the COVID-19 pandemic, the Governor issued Executive Order N-29-20, suspending certain sections of the Brown Act. Pursuant to the Executive Order, legislative bodies no longer needed to list the location of each remote attendee, post agendas at each remote location, or allow the public to access each location. Further, a quorum of the legislative body does not need to be within the legislative body’s jurisdiction. After several extensions, Executive Order N-29-20 expired on September 30, 2021.

On September 16, 2021 Governor Newsom signed AB 361, new legislation that amends the Brown Act to allow local agencies to meet remotely during Governor declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

Due to the rise in COVID-19 cases caused by the Delta Variant, on September 21, 2021, the Santa Clara County Health Officer issued a recommendation that public bodies meet remotely due to the increased protection provided by social distancing. The Health Officer cited “unique characteristics” of government meetings that lead to increased risk of transmission, including the gathering of people from across communities, the need for everybody to participate (including those who are immunocompromised or unvaccinated), and difficulty ensuring compliance with vaccination and safety recommendations. In addition, the Health Officer has described the new Omicron variant as significantly more transmissible than prior variants of the virus.

On October 13, 2021, the Board adopted its Resolution 2021-23 to authorize public meetings to be held via teleconferencing pursuant to Government Code section 54953(e).

Item 1c
/ A"\ SILICON VALLEY
~CLEAN ENERGY
Agenda Item: 1c Agenda Date: 1/11/2023

Page 2 of 2 ends

Within thirty days after the first teleconferenced meeting held under AB 361, and every thirty days thereafter, in order to continue meeting by teleconference, the local agency’s legislative body must find that it has reconsidered the circumstances of the state of emergency and that either: (1) The state of emergency continues to directly impact the ability of the members to meet safely in person; or (2) State or local officials continue to impose or recommend measures to promote social distancing.

The list below identifies the board meeting dates and corresponding resolutions authorizing public meetings to continue to be held via teleconferencing pursuant to Government Code Section 54953(e) and directing staff to return with a resolution to make the findings necessary to continue meeting pursuant to Government Code section 54953(e):

November 10, 2021: 2021-26;
December 8, 2021: 2021-27;
January 12, 2022: 2022-02;
February 9, 2022: 2022-03;
March 9, 2022: 2022-07;
April 13, 2022: 2022-11;
May 11, 2022: 2022-13;
June 8, 2022: 2022-14, and
August 10, 2022: 2022-18;
September 14, 2022: 2022-19;
October 12, 2022: 2022-22;
November 9, 2022: 2022-27; and
December 14, 2022: 2022-37.

STRATEGIC PLAN
SVCE’s Board-adopted Strategic Plan identifies engaging the public as a goal of SVCE and remote meetings will better engage the public as long as COVID-19 is a threat to public health.

FISCAL IMPACT
Continuing to conduct remote public Board of Directors and Standing Committee meetings will not increase the cost of meetings.

ANALYSIS & DISCUSSION
The attached Resolution makes the periodic findings necessary to continue holding meetings under Government Code Section 54953(e). Specifically, the attached Resolution makes findings that the Board has reconsidered the circumstances of the COVID-19 state of emergency and that local officials continue to recommend measures to promote social distancing. As required by Government Code Section 54953(e)(3), the resolution makes the findings and provides that the findings will cover the period of time until the next regular meeting of the Board.

The resolution applies to both the Board of Directors and its Committees.

Staff will continue to monitor the situation and will return to the Board every 30 days or as needed with additional recommendations related to the conduct of public meetings.

ATTACHMENTS

1. Resolution 2023-01 Reconsidering Circumstances Of The COVID-19 State Of Emergency And Making Findings In Connection Therewith To Authorize Public Meetings To Be Held Via Teleconferencing Pursuant To Government Code Section 54953(e)
Item 1c
1 RESOLUTION 2023-01

SILICON VALLEY CLEAN ENERGY AUTHORITY
RESOLUTION NO. 2023-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SILICON

VALLEY CLEAN ENERGY AUTHORITY RECONSIDERING
CIRCUMSTANCES OF THE COVID-19 STATE OF EMERGENCY

AND MAKING FINDINGS IN CONNECTION THEREWITH TO

AUTHORIZE PUBLIC MEETINGS TO BE HELD VIA

TELECONFERENCING PURSUANT TO GOVERNMENT CODE
SECTION 54953(e)
WHEREAS, the Silicon Valley Clean Energy Authority (“Authority”) was formed on March 31, 2016 pursuant to a Joint Powers Agreement to study, promote, develop, conduct, operate, and manage energy programs in Santa Clara County; and WHEREAS, the Board of Directors (“the Board”) of Silicon Valley Clean Energy (“SVCE”) is committed to public access and participation in its meetings while balancing the need to conduct public meetings in a manner that reduces the likelihood of exposure to COVID-19; and
WHEREAS, all meetings of the Board of Directors and the other legislative bodies of SVCE are open and public, as required by the Ralph M. Brown Act (Cal. Gov.

Code 54950 – 54963), so that any member of the public may attend, participate, and watch the Board and other legislative bodies conduct their business; and WHEREAS, pursuant to Assembly Bill 361 legislative bodies of local agencies may hold public meetings via teleconferencing pursuant to Government Code Section 54953(e), without complying with the requirements of Government Code Section 54953(b)(3), if the legislative body complies with certain enumerated requirements in any of the following circumstances:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees; and WHEREAS, on March 4, 2020, Governor Newsom declared a State of Item 1c
Attachment 1
2 RESOLUTION 2023-01
Emergency in response to the COVID-19 pandemic (the “Emergency”) which remains in effect; and
WHEREAS, the Santa Clara Public Health Officer recommends that public bodies meet remotely to the extent possible, specifically including use of newly enacted AB 361.

WHEREAS, due to the ongoing COVID-19 pandemic and the need to promote social distancing to reduce the likelihood of exposure to COVID-19, the Board determined that meetings of the SVCE legislative bodies may be held via teleconferencing pursuant to Government Code Section 54953(e).

WHEREAS, to continue meeting pursuant to Government Code Section 54953(e), an agency must make periodic findings that: (1) the body has reconsidered the circumstances of the declared emergency; and (2) that any of the following circumstances exist: (a) the state of emergency continues to directly impact the ability of the members to meet safely in person, or (b) state or local officials continue to impose or recommend measures to promote social distancing.

NOW THEREFORE, the Board of Directors of the Silicon Valley Clean Energy Authority does hereby resolve, determine, and order as follows:

Section 1. The Recitals provided above are true and correct and are hereby incorporated by reference.

Section 2. The Board has reconsidered the circumstances of the COVID-19 state of emergency and local officials continue to recommend measures to promote social distancing. As required by Government Code Section 54953(e)(3), the findings made pursuant to this Section 2 shall cover the period of time until the next regular meeting of the Board.

Section 3. The Board and other legislative bodies of SVCE may continue to conduct their meetings pursuant to Government Code section 54953(e).

Section 4. Staff is hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution. Such action includes returning to the Board within 30 days and every 30 days thereafter to make the findings required by Section 54953(e)(3).

Section 5. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED this 11th day of January 2023, by the following vote:

JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Scozzola
City of Cupertino Director Mohan
Item 1c
Attachment 1
I I I
3 RESOLUTION 2023-01
City of Gilroy Director Hilton
City of Los Altos Director Meadows
Town of Los Altos Hills Director Tyson
Town of Los Gatos Director Rennie
City of Milpitas Director Chua
City of Monte Sereno Director Mekechuk
City of Morgan Hill Director Martinez Beltran
City of Mountain View Director Abe-Koga
County of Santa Clara Director Lee
City of Saratoga Director Walia
City of Sunnyvale Director Klein

Chair
ATTEST:

Andrea Pizano, Board Clerk
Item 1c
Attachment 1

Page 1 of 1 ends

Staff Report – Item 1d
Item 1d: Appoint SVCE Treasurer/Auditor and Board Secretary for 2023 From: Girish Balachandran, CEO
Prepared by: Andrea Pizano, Board Clerk/Executive Assistant Date: 1/11/2023

RECOMMENDATION
Appoint Amrit Singh, SVCE Chief Financial Officer (CFO) and Director of Administrative Services, as the Board Treasurer/Auditor and Andrea Pizano, SVCE Board Clerk/Executive Assistant, as the Board Secretary for 2023.

BACKGROUND
Pursuant to Section 4.11.3 of the Joint Powers Agreement, the Board shall appoint a qualified person to act as Treasurer and a qualified person to serve as Auditor. The Board may appoint a qualified person to serve as both Treasurer/Auditor. The Treasurer/Auditor acts as the depository of the Authority’s funds and has custody of all the money of the Authority. The Treasurer/Auditor reports directly to the Board in the performance of his or her duties as Treasurer/Auditor and must comply with the requirements for treasurers of general law cities.

Government Code Section 6505.5 and Section 6 of the Joint Powers Agreement further specifies the duties and obligations of the Treasurer/Auditor.

Pursuant to Section 4.11.2 of the Silicon Valley Clean Energy Authority Joint Powers Agreement, the Board of Directors of the Authority shall appoint a Secretary. The Secretary is responsible for keeping the minutes of all Board meetings (that is, ensuring the minute meetings are completed and retained) and keeping other official records of the Authority. The secretary does not have to be a member of the Board.

The Treasurer/Auditor and Secretary were last appointed in January 2022.

ANALYSIS & DISCUSSION
CFO and Director of Administrative Services Amrit Singh was first appointed to serve as the Treasurer/Auditor in December 2020; he was reappointed in 2021 and 2022. Prior to CFO Singh holding this position, the Director of Finance and Administration served as the Treasurer/Auditor since 2017.

Staff is requesting the board authorize CFO and Director of Administrative Services Singh continue in this role through 2023.

SVCE Board Clerk/Executive Assistant Andrea Pizano has served as the Board Secretary since 2017. Staff recommends that she continue serving in this capacity for 2023.

STRATEGIC PLAN
N/A

ALTERNATIVE
The Board can elect to appoint other individuals for Board Treasurer/Auditor and/or Board Secretary.

FISCAL IMPACT
No fiscal impact as a result of the appointments.

Item 1d
IA'\ SILICON VALLEY ~ CLEAN ENERGY

Page 1 of 2 ends

Staff Report – Item 1e
Item 1e: Authorize the Chief Executive Officer to Execute Amendments to the Project Participation Share Agreements with California Community Power and Participating Community Choice Aggregators Related to Two Long Duration Storage Projects and Two Firm Clean Resource Projects
From: Girish Balachandran, CEO
Prepared by: Monica Padilla, COO and Director of Power Resources Zakary Liske, Senior Manager of Power Operations
Date: 1/11/2023

RECOMMENDATION
Staff recommends that the Board delegate authority to the Chief Executive Officer (CEO) to execute on behalf of Silicon Valley Clean Energy Authority (SVCE) as a member of California Community Power (“CC Power”) the following amendments to Project Participation Share Agreements (PPSA), and any necessary ancillary documents for the two Long Duration Storage (LDS) projects and two Firm Clean Resources (FCR) projects between CC Power, participating Community Choice Aggregators (CCAs) and SVCE:

1. Amendment No. 1 to Tumbleweed Energy Storage PPSA– Attachment 1

2. Amendment No. 1 to Goal Line Energy Storage PPSA – Attachment 2

3. Amendment No. 1 to Fish Lake Geothermal PPSA – Attachment 3

4. Amendment No. 1 to ORGP LLP Geothermal Portfolio PPSA– Attachment 4

BACKGROUND
Through the 2020 Integrated Resource Planning (IRP) proceeding, the California Public Utilities Commission (CPUC) had identified the need for additional clean energy resources and capacity including firm and/or baseload clean resources, and storage including longer-duration storage to enable grid integration of a large fleet of intermittent resources to meet California’s greenhouse gas emission reduction goals and to replace several natural gas once-through-cooling (OTC) resources and possibly the Diablo Canyon Nuclear Power Plant (DCNPP) slated to retire between 2023 and 2025.

In February 2022, SVCE Board authorized participation in Tumbleweed Energy Storage, the first CC Power approved LDS project resulting from the Joint LDS RFO: Item 5, SVCE Feb. 9, 2022 Board of Directors Meeting.

In March 2022, SVCE Board authorized participation in Goal Line Storage, the second CC Power approved LDS project resulting from the Joint LDS RFP: Item 5, SVCE Mar. 9, 2022 Board of Directors Meeting.

In June 2022, SVCE Board authorized participation in ORGP LLP Geothermal Portfolio and Fish Lake Geothermal projects, the first and second CC Power approved FCR projects resulting from the FCR RFO: Item 4, SVCE Jun. 8, 2022 Board of Directors Meeting.

Subsequent to CC Power and SVCE Board approval of the LDS and FCR projects, the CC Power Board developed a three-year Strategic Business Plan which would help define CC Power’s objectives and help to inform CC Power’s actions moving forward. The Final Strategic Business Plan was adopted by the CC Power Board in December 2022. The plan makes various recommendations associated with the governance of CC Item 1e
/ A"\ SILICON VALLEY
~CLEAN ENERGY
Agenda Item: 1e Agenda Date: 1/11/2023

Page 2 of 2 ends

Power and the responsibilities of the General Manager and CC Power members participating in specific projects (“Project Participants”). Further, the plan recommends CC Power hire a full-time General Manager and transfer many responsibilities from the Project Participants to the General Manager. These changes incorporate comments from Project Participants’ staff, including SVCE staff: Item 6B and 6D, CC Power Dec. 14, 2022 Board of Directors Meeting.

ANALYSIS & DISCUSSION
Project Participation Share Agreements (PPSA) – Under the PPSAs, Project Participants agree to fund CC Power’s payment obligations so that CC Power can make timely payments under the applicable LDS Energy Storage Service Agreements and FCR Power Purchase Agreements (“ESSA/PPA”). The PPSA also addresses how Project Participants will (1) share revenue from CC Power’s sales of energy and ancillary services from the LDS and FCR facility into the CAISO market, (2) direct CC Power’s actions under the ESSA/PPA, and (3) step in, with a cap, to cover any member default in order to avoid a CC Power default under the ESSA/PPA.

The amendments to the PPSAs do not change the overall mechanics for (1) funding CC Power’s ESSA/PPA payment obligations, (2) sharing revenue and value from project attributes, and (3) how member defaults are covered. The amendments do change how CC Power’s actions are directed and taken.

The original PPSAs put a significant amount of the responsibility to project committees composed of Project Participant staff that made recommendations to the CC Power Board. The amendments remove the need for project committees and transfer responsibility to the General Manager, consistent with the CC Power Strategic Business Plan.

The General Manager will still have the opportunity to form ad-hoc and sub-committees for the purpose of advising on the LDS and FCR projects. Of the eight participating CC Power members, at least five have the necessary approvals to amend the PPSAs.

STRATEGIC PLAN
Execution of the amendments supports the goals of the Board adopted Strategic Plan including:
• Goal 2 - Acquire clean and reliable electricity in a cost effective, equitable and sustainable manner • Goal 3 - Manage and optimize power supply resources to meet affordability, GHG reduction and reliability objectives

ALTERNATIVE
SVCE can decide not to agree on the PPSA amendments, which would require CC Power to revisit the PPSAs since all Project Participants must agree to the amendments or revert to the original PPSAs. Neither alternative is recommended as it would delay the effective administration of the ESSA/PPAs for all projects.

FISCAL IMPACT
Amending the four PPSA agreements is not expected to have an additional fiscal impact beyond what was previously approved.

ATTACHMENTS

1. Amendment No. 1 To Tumbleweed Energy Storage Project Participation Share Agreement

2. Amendment No. 1 To Goal Line Storage Project Participation Share Agreement

3. Amendment No. 1 To Fish Lake Geothermal Project Participation Share Agreement

4. Amendment No. 1 To ORGP LLP Geothermal Portfolio Project Participation Share Agreement Item 1e
-1-
AMENDMENT NO. 1 TO

TUMBLEWEED ENERGY STORAGE

PROJECT PARTICIPATION SHARE AGREEMENT
among

CITY AND COUNTY OF SAN FRANCISCO, ACTING BY AND THROUGH ITS PUBLIC

UTILITIES COMMISSION CLEANPOWERSF
and

PENINSULA CLEAN ENERGY AUTHORITY
and

REDWOOD COAST ENERGY AUTHORITY
and
CITY OF SAN JOSÉ, ADMINISTRATOR OF SAN JOSÉ CLEAN ENERGY and

SILICON VALLEY CLEAN ENERGY AUTHORITY
and

SONOMA CLEAN POWER AUTHORITY
and

VALLEY CLEAN ENERGY
and

CALIFORNIA COMMUNITY POWER
Item 1e
Attachment 1
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AMENDMENT NO. 1 TO

TUMBLEWEED ENERGY STORAGE

PROJECT PARTICIPATION SHARE AGREEMENT
This AMENDMENT NO. 1 to TUMBLEWEED ENERGY STORAGE PROJECT PARTICIPATION SHARE AGREEMENT (“Amendment”), dated as of _________, (the “Amendment Effective Date”) is entered into by and among the City and County of San Francisco acting by and through its Public Utilities Commission, CleanPowerSF, Peninsula Clean Energy Authority, a California joint powers authority, Redwood Coast Energy Authority, a California joint powers authority, City of San José, a California municipality, Silicon Valley Clean Energy Authority, a California joint powers authority, Sonoma Clean Power Authority, a California joint powers authority, and Valley Clean Energy, a California joint powers authority (each individually a “Project Participant” and collectively referred to as the “Project Participants”) and California Community Power (“CCP”), a California joint powers authority. This Amendment is being provided pursuant to and in accordance with the terms and provisions of the Project Participation Share Agreement dated April 19, 2022 (the “PPSA”) This Amendment, and the PPSA (as defined below), including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.”

RECITALS
WHEREAS, CCP and the Project Participants entered into the Tumbleweed Energy Storage Project Participation Share with an Effective Date of April 22, 2022 (the “PPSA”); and WHEREAS, CCP and the Project Participants desire to modify certain terms of the PPSA.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, CCP and the Project Participants mutually agree to the following:

1. Recitals. The Recitals stated above are true and correct and are incorporated by this reference into this Amendment No. 1.

2. Capitalized Terms. All capitalized terms used herein, which are not defined herein, shall have the meanings ascribed thereto in the PPSA, as amended hereby.

3. Amendments to the PPSA.
a. Article 1 Definition of “Amended Annual Budget” is hereby deleted and replaced with the following language: “Amended Annual Budget” means the budget recommended by the CCP Manager and adopted by the CCP Board pursuant to Section 5.1(c) of this Agreement.
b. Article 1 Definition of “Annual Budget” is hereby deleted and replaced with the following language: “Annual Budget” means the budget recommended by the CCP Manager and adopted by the CCP Board pursuant to Section 5.1(c) of this Agreement. c. Article 1 Definition of “CCP Manager” is hereby deleted and replaced with the following language: “CCP Manager” means the General Manager of California Community Power Item 1e
Attachment 1
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or any person who is designated by the CCP Board to act in the capacity of the General Manager.
d. Article 1 Definition of “Project Committee” is hereby deleted. e. Article 1 Definition of “Project Rights” is hereby deleted and replaced with the following language: “Project Rights” means all rights and privileges of a Project Participant under this Agreement, including but not limited to its Entitlement Share, and its right to receive the Product from the Facility.
f. Article 5 is hereby deleted and replaced with the language contained in Exhibit A of this Amendment.
g. Article 6 is hereby deleted and replaced with the language contained in Exhibit B of this Amendment.
h. Article 7 is amended to include the language contained in Exhibit C i. Article 8 is hereby deleted and replaced with the language contained in Exhibit D of this Amendment.
j. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting “call a meeting of the Project Committee and.” k. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting all reference to the “Project Committee” and replacing it with “Project Participants.”
l. Exhibit C Section (a)(i)(B)(d) is hereby amended by deleting “approved by the Project Committee through a Normal Vote” and replacing it with “approved by the CCP Manager.”
m. Exhibit C Section (a)(i)(B)(e) is hereby amended by deleting “and upon approval of such transfer by the Project Committee,.”
n. Exhibit D of the PPSA is here by deleted.

4. No Other Changes. Except as provided in this Amendment, the PPSA is not modified and continues in full force and effect. From and after the date hereof, references to the PPSA will be understood to mean the PPSA as amended by this Amendment.

5. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.
[Signatures appear on following page.]
Item 1e
Attachment 1
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

California Community Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Clean Power San Francisco
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Redwood Coast Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

San José Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 1
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Silicon Valley Clean Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Sonoma Clean Power Authority
By:

Name:

Title:

By:

Name:

Title:

By:

Name:

Title:

By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 1
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Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 1
Exhibit A 1

EXHIBIT A
ARTICLE 5

OBLIGATIONS OF CCP AND ROLE OF CCP BOARD

5.1. Obligations of CCP.
(a) CCP shall take such commercially reasonable actions or implement such commercially reasonable measures as may be necessary or desirable for the utilization, maintenance, or preservation of the rights and interests of the Project Participants in the Project including, if appropriate, such enforcement actions or other measures as CCP or the CCP Board deems to be in the Project Participants’ best interests. To the extent not inconsistent with the ESSA or other applicable agreements, CCP may also be authorized by the Project Participants to assume responsibilities for planning, designing, financing, developing, acquiring, insuring, contracting for, administering, operating, and maintaining the Project to effectuate the conveyance of the Product to Project Participants in accordance with Project Participants’ Entitlement Shares. (b) To the extent such services are available and can be carried forth in accordance with the ESSA, CCP shall also provide such other services, as may be deemed necessary by CCP or the CCP Board to secure the benefits and/or satisfy the obligations associated with the ESSA.
(c) Adoption of Annual Budget. The Annual Budget and any amendments to the Annual Budget shall be prepared and approved in accordance with this Section 5.1(c). (i) The CCP Manager will prepare a proposed Annual Budget at least ninety (90) days prior to the beginning of each Contract Year during the term of this Agreement.

The proposed Annual Budget shall be based on the prior Contract Year’s actual costs and shall include reasonable estimates of the costs CCP expects to incur during the applicable Contract Year in association with the administration of the ESSA, including the cost of insurance coverages that are determined to be attributable to the Project by action of the CCP Board. The CCP Manager shall present the proposed Annual Budget to the CCP Board. The CCP Board shall adopt the Annual Budget no later than thirty (30) days prior to the beginning of such Contract Year and shall cause copies of such adopted Annual Budget to be delivered to each Project Participant. (A) For operating costs not otherwise collected through Articles 8 and 9 incurred prior to the Commercial Operation Date and which are approved by the CCP Board, including costs related to monitoring the development of the Project and other costs that are determined to be attributable to the Project by action of the CCP Board, shall be invoiced to each Project Participant based on their Project Entitlement Share. (ii) At any time after the adoption of the Annual Budget for a Contract Year, the CCP Manager may prepare a proposed Amended Annual Budget for and applicable to the remainder of such Contract Year. The proposal shall (A) explain why an amendment to the Annual Budget is needed, (B) compare estimated costs against actual costs, and (C) describe the events that triggered the need for additional funding. The CCP Manager shall present the proposed Amended Annual Budget to the CCP Board. Upon adoption of the Amended Annual Budget by the CCP Board, such Amended Annual Budget shall apply to the remainder of the Contract Year Item 1e
Attachment 1
Exhibit A 2
and the CCP Board shall cause copies of such adopted Amended Annual Budget to be delivered to each Project Participant.
(iii) Reports. CCP will prepare and issue to Project Participants the following reports each quarter of a year during the Term:
(A) Financial and operating statement relating to the Project. (B) Variance report comparing the costs in the Annual Budget versus actual costs, and the status of other cost-related issues with respect to the Project. If CCP incurred any costs to provide services that were deemed necessary pursuant to Section 5.1(b), the variance report shall identify the costs and describe the services provided. (d) Records and Accounts. CCP will keep, or cause to be kept, accurate records and accounts of the Project as well as of the operations relating to the Project, all in a manner similar to accepted accounting methodologies associated with similar projects. All transactions of CCP relating to the Project with respect to each Contract Year shall be subject to an annual audit.

Each Project Participant shall have the right at its own expense to examine and copy the records and accounts referred to above on reasonable notice during regular business hours. (e) Information Sharing. Upon CCP’s request, each Project Participant agrees to coordinate with CCP to provide such information, documentation, and certifications that are reasonably necessary for the design, financing, refinancing, development, operation, administration, maintenance, and ongoing activities of the Project, including information required to respond to requests for such information from any federal, state, or local regulatory body or other authority.
(f) [Reserved].
(g) Deposit of Insurance Proceeds. CCP shall promptly deposit any insurance proceeds received by CCP from any insurance obtained pursuant to this Agreement or otherwise associated with the Project into the Operating Accounts of the Project Participants based on each Project Participants’ Entitlement Shares.
(h) Liquidated and Other Damages. Any amounts paid to CCP, or applied against payments otherwise due by CCP pursuant to the ESSA or each Project Participant’s respective BLPTA, by the Project Developer shall be deposited on a pro rata share, based on each Project Participant’s Entitlement Share into each Project Participant’s Operating Account.

Liquidated Damages include, but are not limited to Daily Delay Damages, RA Deficiency Amount, Damage Payment, and Termination Payment.
(i) Charging and Discharging Energy. CCP shall reasonably coordinate, schedule, and do all other things necessary or appropriate, except as otherwise prohibited under this Agreement, to provide for the delivery of Charging Energy from the grid to the Point of Delivery to enable CCP to exercise its rights and obligations in connection with Charging Energy in accordance with the requirements of the ESSA. CCP shall reasonably coordinate, schedule, and do all other things necessary or appropriate, except as otherwise prohibited under this Agreement, to provide for the delivery of Discharging Energy from the Point of Delivery to the grid to enable Item 1e
Attachment 1
Exhibit A 3
CCP to maximize the value of the ESSA to the Project Participants in accordance with the requirements of the ESSA.
(j) Resale of Product. Any Project Participant may direct CCP to remarket such Project Participant’s Entitlement Share of the Product, or such Project Participant’s Entitlement Share of any part of the Product. If CCP incurs any expenses associated with the remarketing activities pursuant to this Section 5.1(j), then CCP shall include the total amount of such expenses as a Monthly Cost on the Project Participant’s next Billing Statement. Prior to offering the Project Participant’s Entitlement Share of the Product, or the Project Participant’s Entitlement Share of any part of the Product to any third party, CCP shall first offer the Product or portion of the Product to the other Project Participants. The amount of compensation paid to the selling Project Participant shall be negotiated and agreed to between the selling Project Participant and the purchasing Project Participant or third party. Any payments for any resold Product pursuant to this Section 5.1(j) shall be transmitted directly from the purchasing Project Participant or purchasing third party to the reselling Project Participant. Any such resale to a third party shall not convey any rights or authority over the operation of the Project, and the Project Participant shall not make a representation to the third party that the resale conveys any rights or authority over the operation of the Project.
(k) Uncontrollable Forces. CCP shall not be required to provide, and CCP shall not be liable for failure to provide, the Product, Replacement RA, or other service under this Agreement when such failure, or the cessation or curtailment of, or interference with, the service is caused by Uncontrollable Forces or by the failure of the Project Developer, or its successors or assigns, to obtain any required governmental permits, licenses, or approvals to acquire, administer, or operate the Project; provided, however, that the Project Participants shall not thereby be relieved of their obligations to make payments under this Agreement except to the extent CCP is so relieved pursuant to the ESSA, and provided further that CCP shall pursue all applicable remedies against the Project Developer under the ESSA and distribute any remedies obtained pursuant to Section 5.1(h).
(l) Insurance. Within one hundred and eighty days (180) of the Effective Date of this Agreement, CCP shall secure and maintain, during the Term, insurance coverage as follows:
(i) Commercial General Liability. CCP shall maintain, or cause to be maintained, commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of One Million Dollars ($1,000,000) per occurrence, and an annual aggregate of not less than Two Million Dollars ($2,000,000), endorsed to provide contractual liability in said amount, specifically covering CCP’s obligations under this Agreement and including each Project Participant as an additional insured. (ii) Employer’s Liability Insurance. CCP, if it has employees, shall maintain Employers’ Liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee. (iii) Workers’ Compensation Insurance. CCP, if it has employees, shall also maintain at all times during the Term workers’ compensation and employers’ liability Item 1e
Attachment 1
Exhibit A 4
insurance coverage in accordance with statutory amounts, with employer’s liability limits of not less than One Million Dollars ($1,000,000.00) for each accident, injury, or illness; and include a blanket waiver of subrogation.
(iv) Business Auto Insurance. CCP shall maintain at all times during the Term business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of CCP’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement and shall name each Project Participant as an additional insured and contain standard cross-liability and severability of interest provisions. (v) Public Entity Liability Insurance. CCP shall maintain public entity liability insurance, including public officials’ liability insurance, public entity reimbursement insurance, and employment practices liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim, and an annual aggregate of not less than One Million Dollars ($1,000,000) and CCP shall maintain such coverage for at least two (2) years from the termination of this Agreement.
(m) Evidence of Insurance. Within ten (10) days after the deadline for securing insurance coverage specified in Section 5.1(l), and upon annual renewal thereafter, CCP shall deliver to each Project Participant certificates of insurance evidencing such coverage with insurers with ratings comparable to A-VII or higher, and that are authorized to do business in the State of California, in a form evidencing all coverages set forth above. Such certificates shall specify that each Project Participant shall be given at least thirty (30) days prior Notice by CCP in the event of cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of each Project Participant. Any other insurance maintained by CCP not associated with this Agreement is for the exclusive benefit of CCP and shall not in any manner inure to the benefit of Project Participants. The general liability, auto liability and worker’s compensation policies shall be endorsed with a waiver of subrogation in favor of each Project Participant for all work performed by CCP, its employees, agents and sub-contractors.

5.2. Role of CCP Board.
(a) The rights and obligations of CCP under the ESSA shall be subject to the ultimate control at all times of the CCP Board. The CCP Board shall have, in addition to the duties and responsibilities set forth elsewhere in this Agreement, the duties and responsibilities listed below, among others. The actions identified in Section 5.2(a)(ii) through (a)(ix) shall require CCP Board approval.
(i) Dispute Resolution. The CCP Board shall review, discuss and attempt to resolve any disputes among CCP, any of the Project Participants, and the Project Developer relating to the Project, the operation and management of the Facility, and CCP’s rights and interests in the Facility.
(ii) ESSA. The CCP Board shall have the authority to review, modify, and approve, as appropriate, all amendments, modifications, and supplements to the ESSA.

Item 1e
Attachment 1
Exhibit A 5
(iii) Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
(iv) [Reserved].
(v) Budgeting. Upon the submission of a proposed Annual Budget or proposed Amended Annual Budget, the CCP Board shall review, modify, and approve each Annual Budget and Amended Annual Budget in accordance with Section 5.1(c) of this Agreement. (vi) Early Termination of ESSA. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.4(b)(ii) of this Agreement, as to an early termination of the ESSA pursuant to Section 11.2 of the ESSA. (vii) Assignment by Project Developer. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section

6.4(b)(iii) of this Agreement, as to any assignment by Project Developer pursuant to Section 14.1 of the ESSA other than any assignment pursuant to Sections 14.2 or 14.3 of the ESSA. (viii) Buyer Financing Assignment. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(d) of this Agreement, as to an assignment by CCP to a financing entity pursuant to Section 14.5 of the ESSA. (ix) Change of Control. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(e) of this Agreement, as to any Change of Control requiring CCP’s consent, as specified in Section 14.1 of the ESSA.
(x) Supervening Authority of the Board. The CCP Board has complete and plenary supervening power and authority to act upon any matter which is capable of being acted upon by the CCP Manager or which is specified as being within the authority of the CCP Manager pursuant to the provisions of this Agreement.
(xi) Other Matters. The CCP Board is authorized to perform such other functions and duties, including oversight of those matters and responsibilities addressed by the CCP Manager as may be provided for under this Agreement and under the ESSA, or as may otherwise be appropriate.
(xii) Periodic Audits. The CCP Board or the CCP Manager may arrange for the annual audit by certified accountants, selected by the CCP Board and experienced in electric generation or electric utility accounting, of the books and accounting records of CCP, the Project Developer to the extent authorized under the ESSA, and any other counterparty under any agreement to the extent allowable, and such audit shall be completed and submitted to the CCP Board as soon as reasonably practicable after the close of the Contract Year. CCP shall promptly furnish to the Project Participant copies of all audits. No more frequently than once every calendar year, each Project Participant may, at its sole cost and expense, audit, or cause to be audited Item 1e
Attachment 1
Exhibit A 6
the books and cost records of CCP, and/or the Project Developer to the extent authorized under the ESSA.
(xiii) Scheduling Coordinator Services Agreement. Upon a recommendation by the CCP Manager pursuant to Section 6.2(f), the CCP Board shall review, modify, and approve, or delegate the authority to approve, a Scheduling Coordinator Services Agreement or amendment thereto.
(b) Pursuant to Section 5.06 of the Joint Powers Agreement, this Agreement modifies the voting rules of the CCP Board for purposes of approving or acting on any matter identified in this Agreement, as follows:
(i) Quorum. A quorum shall consist of a majority of the CCP Board members that represent Project Participants.
(ii) Voting. Each CCP Board member that represents a Project Participant shall have one vote for any matter identified in this Agreement. Any CCP Board member representing a CCP member that is not a Project Participant shall abstain from voting on any matter identified in this Agreement. A vote of the majority of the CCP Board members representing Project Participants that are in attendance shall be sufficient to constitute action, provided a quorum is established and maintained.

Item 1e
Attachment 1
Exhibit B 1

EXHIBIT B
ARTICLE 6

ROLE AND RESPONSIBILITIES OF CCP MANAGER

6.1. Role of CCP Manager. The CCP Manager shall take all actions necessary to ensure that CCP fulfills its obligations under this Agreement, including the obligations set forth in Section

5.1. The CCP Manager is authorized to take any action that CCP is authorized to take, except those actions that expressly require CCP Board approval. In addition to any duties or responsibilities set forth elsewhere in this Agreement, the CCP Manager is directed to do the following:
(a) Consult with the Project Participants with respect to the ongoing administration of the Project, including through the formation of advisory subcommittees. (b) Oversee, as appropriate, the completion of any Project design, feasibility, or planning studies or activities.
(c) Review, discuss, and attempt to resolve any disputes among the Project Participants relating to this Agreement or the ESSA.
(d) Review each invoice submitted by Project Developer and shall request such other data necessary to support the review of such invoices. (e) Respond to any requests for tax-related documentation by the Project Developer.
(f) Provide the Project Developer with Financial Statements as may be required by the ESSA.
(g) Correspond with the Project Developer to compile and distribute to Project Participants information and/or documents required for Project Participants to submit reports to any federal, state, or local regulatory body or other authority regarding the project in such format as required by applicable authority, and respond to any request by a Project Participant for information or documents that are reasonably available to (i) allow the Project Participant to respond to requests for such information from any federal, state, or local regulatory body or other authority; or (ii) for a Project Participant to conduct planning, budgeting, or other regulatory activities.
(h) Upon a request or demand by any third person that is not a Party to the ESSA or a Project Participant, for Confidential Information as described in Section 18.2 of the ESSA, the CCP Manager shall notify the Project Developer and coordinate the response of CCP and Project Participants.
(i) Review Progress Reports provided by Project Developer to CCP pursuant to Section 2.3 of the ESSA and participate in any associated meetings with Project Developer to discuss construction progress. If Project Developer provides a Progress Report to CCP, the CCP Item 1e
Attachment 1
Exhibit B 2
Manager shall promptly provide such Progress Report to each Project Participant. The CCP Manager shall promptly notify the Project Participants upon receiving a Progress Report from the Project Developer that identifies a delay to the Construction Start Date or Commercial Operation Date.
(j) Take any necessary actions or implement such measures as may be necessary to facilitate the transfer of Environmental Attributes from the Project Developer to the Project Participants.
(k) Perform such other functions and duties as may be provided for under this Agreement, the ESSA, or as may otherwise be appropriate or beneficial to the Project or the Project Participants, unless such action requires CCP Board approval pursuant to this Agreement.

6.2. CCP Manager Recommendations to the CCP Board.
(a) Budgeting. Recommend each proposed Annual Budget and proposed Amended Annual Budget for submission to the CCP Board for final approval. (b) Early Termination of ESSA. Recommend to the CCP Board regarding an early termination of the ESSA pursuant to Section 11.2 of the ESSA. (c) Assignment by Project Developer. Recommend to the CCP Board any proposed assignment by Project Developer pursuant to Section 14.1 of the ESSA other than any assignment pursuant to Sections 14.2 or 14.3 of the ESSA. (d) Buyer Financing Assignment. Recommend to the CCP Board an assignment by CCP to a financing entity pursuant to Section 14.5 of the ESSA. (e) Change of Control. Recommend to the CCP Board any Change of Control requiring CCP’s consent, as specified in Section 14.1 of the ESSA. (f) Scheduling Coordinator. Recommend to the CCP Board the selection of a Scheduling Coordinator and the form of the Scheduling Coordinator Services Agreement, including any amendments thereto. Such Scheduling Coordinator Services Agreement shall: (i) require that the scheduling and dispatch of the Project is in accordance with the criteria set forth in the Coordinated Operations Agreement; (ii) include the Scheduling Coordinator responsibilities specified in the Coordinated Operations Agreement; and (iii) address requirements relating to CAISO settlements, the Operating Restrictions, and communications and reporting from the Scheduling Coordinator to the Project Participants.

6.3. CCP Manager Report to CCP Board on Actions relating to the PPA or the Project.

The CCP Manager shall report to the CCP Board on the occurrence of any of the following actions taken by the CCP Manager. Such report may be written or oral and shall be provided at the next CCP Board Meeting occurring within a reasonable amount of time after the action was taken. Any information included as part of such report may be provided by the CCP Manager in a manner that maintains the confidentiality of such information, as reasonably determined to be necessary by the CCP Manager.

Item 1e
Attachment 1
Exhibit B 3
(a) Any recommendations made by the CCP Manager to the Project Developer on the design of the Project.
(b) Confirmation by the CCP Manager that the requirements of Exhibit B of the ESSA have been satisfied, such that the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date has been extended.
(c) Any exercise its rights under the ESSA if an Event of Default has occurred under Section 11.1 of the ESSA or under the Scheduling Coordinator Services Agreement. (d) The approval or any rules, procedures, and protocols for the administration of the Project, including rules, procedures, and protocols for the management of the costs of the Facility and the scheduling, handling, tagging, dispatching, and crediting of the Product, the handling and crediting of Environmental Attributes associated with the Facility and the control and use of the Facility.
(e) The approval of any rules, procedures, and protocols for the monitoring, inspection, and the exercise of due diligence activities relating to the operation of the Facility. (f) The approval or other action relating to the form or content of any written statistical, administrative, or operational reports, Facility-related data and storage information, technical information, facility reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, firming, exchanging, balancing, movement, or other delivery information, and similar information and records, or matters pertaining to the Project which are furnished to the Project Participants or the CCP Manager by the Project Developer, experts, consultants or others.
(g) The approval or modification of any practices and procedures to be followed by Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale, or disposition of the Product, including the control and use of the Facility, and the supply, scheduling, and use of Charging Energy.
(h) The approval or modification of any arrangements and instruments entered into by the Project Developer or any affiliate thereof to, among other things, secure certain performance requirements, including, but not limited to, the ESSA, the Development Security or the Performance Security and any other letter of credit delivered to, or for the benefit of, CCP by the Project Developer and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
(i) The approval of policies or programs formulated by CCP or Project Developer for determining or estimating storage resources or the values, quantities, volumes, or costs of the Product from the Facility.
(j) Any recommendations made by the CCP Manager to the Project Developer as to the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Product to the Point of Delivery (directly or through the Facility).

Item 1e
Attachment 1
Exhibit B 4
(k) The approval or disapproval of any specifications, vendors’ proposals, bid evaluations, or any related matters with respect to the Facility. (l) The approval of any Remedial Action Plan submitted by Project Developer to CCP pursuant to Section 2.4 of the ESSA.
(m) The approval of the submission of the written acknowledgement of the Commercial Operation Date in accordance with Section 2.2 of the ESSA. (n) The approval of the return of the Development Security to Project Developer in accordance with Section 8.7 of the ESSA.
(o) The approval of the return of any unused Performance Security to Project Developer in accordance with Section 8.8 of the ESSA.
(p) The collection of any liquidated damages owed by Project Developer to CCP under the ESSA, or any draw upon the Development Security or Performance Security. (q) Any dispute by CCP of an invoice pursuant to Section 8.5 of the ESSA. (r) The collection of any damages owed by the Scheduling Coordinator to CCP under the Scheduling Coordinator Services Agreement or any action permitted by law to enforce CCP’s rights under the Scheduling Coordinator Services Agreement, including but not limited to bringing any suit, action or proceeding at law or in equity as may be necessary or appropriate to recover damages and/or enforce any covenant, agreement, or obligation against the Scheduling Coordinator.

6.4. Subcommittees. The CCP Manager may establish as needed subcommittees including, but not limited to, auditing, legal, financial, engineering, mechanical, weather, geologic, diurnal, barometric, meteorological, operating, insurance, governmental relations, environmental, and public information subcommittees. The authority, membership, and duties of any subcommittee shall be established by the CCP Manager; provided, however, such authority, membership or duties shall not conflict with the provisions of the ESSA or this Agreement. (a) Project Participant Expenses. Any expenses incurred by any representative of any Project Participant or group of Project Participants serving on any subcommittee in connection with their duties on such subcommittee shall be the responsibility of the Project Participant which they represent and shall not be an expense payable under this Agreement.

6.5. Delegation. To secure the effective cooperation and interchange of information in a timely manner in connection with various administrative, technical, and other matters which may arise from time to time in connection with administration of the ESSA, in appropriate cases, duties and responsibilities of the CCP Board, as the case may be under this Section 6, may be delegated to the CCP Manager by the CCP Board upon notice to the Project Participants.

Item 1e
Attachment 1
Exhibit C 1

EXHIBIT C
ARTICLE 7

COORDINATED OPERATIONS AGREEMENT

7.1. Coordinated Operations Agreement. The Project Participants shall establish a Coordinated Operations Agreement by and among CCP and all Project Participants for purposes of operating the Project.

7.2. [Reserved].

Item 1e
Attachment 1
Exhibit D 1

EXHIBIT D
ARTICLE 8

OPERATING ACCOUNT

8.1. Calculation of Estimated Monthly Project Cost.
(a) No later than one hundred and eighty (180) days after the Effective Date, the CCP Manager shall present to the Project Participants a proposed Estimated Monthly Project Cost, which shall be equal to a forecast of expected Monthly Capacity Payments over an entire Contract Year, divided by twelve (12). The Project Participants shall review, and, if appropriate, recommend approval of, or modification to the proposed Estimated Monthly Project Cost.

8.2. Operating Account. CCP shall establish an Operating Account for each Project Participant that is accessible to and can be drawn upon by both CCP and the applicable Project Participant. Such Operating Accounts are for the purpose of providing a reliable source of funds for the payment obligations of the Project and, taking into account the variability of costs associated with the Project for the purpose of providing a reliable payment mechanism to address the ongoing costs associated with the Project.
(a) Operating Account Amount. The Operating Account Amount for each Project Participant shall be an amount equal to the Estimated Monthly Project Cost multiplied by three, the product of which is multiplied by such Project Participant’s Entitlement Share (“Operating Account Amount”).
(b) Initial Funding of Operating Account. By no later than sixty (60) days after CCP’s notification to Project Participants of the Construction Start Date pursuant to Exhibit B of the ESSA, each Project Participant shall deposit into such Project Participant’s Operating Account an amount equal to that Project Participant’s Operating Account Amount. (c) Use of Operating Account. CCP shall draw upon each Project Participant’s Operating Account each month in an amount equal to the Monthly Costs multiplied by such Project Participant’s Entitlement Share. As required by Section 9.5, each Project Participant must deposit sufficient funds into such Project Participant’s Operating Account by the deadline specified in Section 9.5.
(d) Final Distribution of Operating Account. Following the expiration or earlier termination of the ESSA, and upon payment and satisfaction of any and all liabilities and obligations to make payments of the Project Participants under this Agreement and upon satisfaction of all remaining costs and obligations of CCP under the ESSA, any amounts then remaining in any Project Participant’s Operating Account shall be paid to the associated Project Participant.

Item 1e
Attachment 1
-1-
AMENDMENT NO. 1 TO

GOAL LINE STORAGE

PROJECT PARTICIPATION SHARE AGREEMENT
among

CITY AND COUNTY OF SAN FRANCISCO, ACTING BY AND THROUGH ITS PUBLIC

UTILITIES COMMISSION CLEANPOWERSF
and

REDWOOD COAST ENERGY AUTHORITY
and
CITY OF SAN JOSÉ, ADMINISTRATOR OF SAN JOSÉ CLEAN ENERGY and

SILICON VALLEY CLEAN ENERGY
and

SONOMA CLEAN POWER
and

VALLEY CLEAN ENERGY
and

CALIFORNIA COMMUNITY POWER
Item 1e
Attachment 2
-2-
AMENDMENT NO. 1 TO

GOAL LINE STORAGE

PROJECT PARTICIPATION SHARE AGREEMENT
This AMENDMENT NO. 1 to GOAL LINE STORAGE PROJECT PARTICIPATION SHARE AGREEMENT (“Amendment”), dated as of _________, (the “Amendment Effective Date”) is entered into by and among the City and County of San Francisco acting by and through its Public Utilities Commission, CleanPowerSF, Redwood Coast Energy Authority, a California joint powers authority, City of San José, a California municipality, Silicon Valley Clean Energy, a California joint powers authority, Sonoma Clean Power, a California joint powers authority, and Valley Clean Energy, a California joint powers authority. This Amendment is being provided pursuant to and in accordance with the terms and provisions of the Project Participation Share Agreement dated May 18, 2022 (the “PPSA”) This Amendment, and the PPSA (as defined below), including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.”

RECITALS
WHEREAS, CCP and the Project Participants entered into the Goal Line Storage Project Participation Share with an Effective Date of May 18, 2022 (the “PPSA”); and WHEREAS, CCP and the Project Participants desire to modify certain terms of the PPSA.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, CCP and the Project Participants mutually agree to the following:

1. Recitals. The Recitals stated above are true and correct and are incorporated by this reference into this Amendment No. 1.

2. Capitalized Terms. All capitalized terms used herein, which are not defined herein, shall have the meanings ascribed thereto in the PPSA, as amended hereby.

Item 1e
Attachment 2
-3-
e. Article 1 Definition of “Project Rights” is hereby deleted and replaced with the following language: “Project Rights” means all rights and privileges of a Project Participant under this Agreement, including but not limited to its Entitlement Share, and its right to receive the Product from the Facility.
f. Article 5 is hereby deleted and replaced with the language contained in Exhibit A of this Amendment.
g. Article 6 is hereby deleted and replaced with the language contained in Exhibit B of this Amendment.
h. Article 7 is hereby deleted and replaced with the language contained in Exhibit C of this Amendment.
i. Article 8 is hereby deleted and replaced with the language contained in Exhibit D of this Amendment.
j. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting “call a meeting of the Project Committee and.” k. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting all reference to the “Project Committee” and replacing it with “Project Participants.”
l. Exhibit C Section (a)(i)(B)(d) is hereby amended by deleting “approved by the Project Committee through a Normal Vote” and replacing it with “approved by the CCP Manager.”
m. Exhibit C Section (a)(i)(B)(e) is hereby amended by deleting “and upon approval of such transfer by the Project Committee,.”
n. Exhibit D of the PPSA is here by deleted.

5. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.
[Signatures appear on following page.]
Item 1e
Attachment 2
-4-
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

California Community Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Clean Power San Francisco
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Redwood Coast Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

San José Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 2
-5-
Silicon Valley Clean Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Sonoma Clean Power Authority
By:

Name:

Title:

By:

Name:

Title:

By:

Name:

Title:

By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 2
Exhibit A 1

EXHIBIT A
ARTICLE 5

OBLIGATIONS OF CCP AND ROLE OF CCP BOARD

The proposed Annual Budget shall be based on the prior Contract Year’s actual costs and shall include reasonable estimates of the costs CCP expects to incur during the applicable Contract Year in association with the administration of the ESSA, including the cost of insurance coverages that are determined to be attributable to the Project by action of the CCP Board. The CCP Manager shall present the proposed Annual Budget to the CCP Board. The CCP Board shall adopt the Annual Budget no later than thirty (30) days prior to the beginning of such Contract Year and shall cause copies of such adopted Annual Budget to be delivered to each Project Participant. (A) For operating costs not otherwise collected through Articles 8 and 9 incurred prior to the Commercial Operation Date and which are approved by the CCP Board, including costs related to monitoring the development of the Project and other costs that are determined to be attributable to the Project by action of the CCP Board, shall be invoiced to each Project Participant based on their Project Entitlement Share. (ii) At any time after the adoption of the Annual Budget for a Contract Year, the CCP Manager may prepare a proposed Amended Annual Budget for and applicable to the remainder of such Contract Year. The proposal shall (A) explain why an amendment to the Annual Budget is needed, (B) compare estimated costs against actual costs, and (C) describe the events that triggered the need for additional funding. The CCP Manager shall present the proposed Amended Annual Budget to the CCP Board. Upon adoption of the Amended Annual Budget by the CCP Board, such Amended Annual Budget shall apply to the remainder of the Contract Year Item 1e
Attachment 2
Exhibit A 2
and the CCP Board shall cause copies of such adopted Amended Annual Budget to be delivered to each Project Participant.
(iii) Reports. CCP will prepare and issue to Project Participants the following reports each quarter of a year during the Term:
(A) Financial and operating statement relating to the Project. (B) Variance report comparing the costs in the Annual Budget versus actual costs, and the status of other cost-related issues with respect to the Project. If CCP incurred any costs to provide services that were deemed necessary pursuant to Section 5.1(b), the variance report shall identify the costs and describe the services provided. (d) Records and Accounts. CCP will keep, or cause to be kept, accurate records and accounts of the Project as well as of the operations relating to the Project, all in a manner similar to accepted accounting methodologies associated with similar projects. All transactions of CCP relating to the Project with respect to each Contract Year shall be subject to an annual audit.

Liquidated Damages include, but are not limited to Daily Delay Damages, RA Deficiency Amount, Damage Payment, and Termination Payment.
(i) Charging and Discharging Energy. CCP shall reasonably coordinate, schedule, and do all other things necessary or appropriate, except as otherwise prohibited under this Agreement, to provide for the delivery of Charging Energy from the grid to the Point of Delivery to enable CCP to exercise its rights and obligations in connection with Charging Energy in accordance with the requirements of the ESSA. CCP shall reasonably coordinate, schedule, and do all other things necessary or appropriate, except as otherwise prohibited under this Agreement, to provide for the delivery of Discharging Energy from the Point of Delivery to the grid to enable Item 1e
Attachment 2
Exhibit A 3
CCP to maximize the value of the ESSA to the Project Participants in accordance with the requirements of the ESSA.
(j) Resale of Product. Any Project Participant may direct CCP to remarket such Project Participant’s Entitlement Share of the Product, or such Project Participant’s Entitlement Share of any part of the Product. If CCP incurs any expenses associated with the remarketing activities pursuant to this Section 5.1(j), then CCP shall include the total amount of such expenses as a Monthly Cost on the Project Participant’s next Billing Statement. Prior to offering the Project Participant’s Entitlement Share of the Product, or the Project Participant’s Entitlement Share of any part of the Product to any third party, CCP shall first offer the Product or portion of the Product to the other Project Participants. The amount of compensation paid to the selling Project Participant shall be negotiated and agreed to between the selling Project Participant and the purchasing Project Participant or third party. Any payments for any resold Product pursuant to this Section 5.1(j) shall be transmitted directly from the purchasing Project Participant or purchasing third party to the reselling Project Participant. Any such resale to a third party shall not convey any rights or authority over the operation of the Project, and the Project Participant shall not make a representation to the third party that the resale conveys any rights or authority over the operation of the Project.
(k) Uncontrollable Forces. CCP shall not be required to provide, and CCP shall not be liable for failure to provide, the Product, Replacement RA, or other service under this Agreement when such failure, or the cessation or curtailment of, or interference with, the service is caused by Uncontrollable Forces or by the failure of the Project Developer, or its successors or assigns, to obtain any required governmental permits, licenses, or approvals to acquire, administer, or operate the Project; provided, however, that the Project Participants shall not thereby be relieved of their obligations to make payments under this Agreement except to the extent CCP is so relieved pursuant to the ESSA, and provided further that CCP shall pursue all applicable remedies against the Project Developer under the ESSA and distribute any remedies obtained pursuant to Section 5.1(h).
(l) Insurance. Within one hundred and eighty days (180) of the Effective Date of this Agreement, CCP shall secure and maintain, during the Term, insurance coverage as follows:
(i) Commercial General Liability. CCP shall maintain, or cause to be maintained, commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of One Million Dollars ($1,000,000) per occurrence, and an annual aggregate of not less than Two Million Dollars ($2,000,000), endorsed to provide contractual liability in said amount, specifically covering CCP’s obligations under this Agreement and including each Project Participant as an additional insured. (ii) Employer’s Liability Insurance. CCP, if it has employees, shall maintain Employers’ Liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee. (iii) Workers’ Compensation Insurance. CCP, if it has employees, shall also maintain at all times during the Term workers’ compensation and employers’ liability Item 1e
Attachment 2
Exhibit A 4
insurance coverage in accordance with statutory amounts, with employer’s liability limits of not less than One Million Dollars ($1,000,000.00) for each accident, injury, or illness; and include a blanket waiver of subrogation.
(iv) Business Auto Insurance. CCP shall maintain at all times during the Term business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of CCP’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement and shall name each Project Participant as an additional insured and contain standard cross-liability and severability of interest provisions. (v) Public Entity Liability Insurance. CCP shall maintain public entity liability insurance, including public officials’ liability insurance, public entity reimbursement insurance, and employment practices liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim, and an annual aggregate of not less than One Million Dollars ($1,000,000) and CCP shall maintain such coverage for at least two (2) years from the termination of this Agreement.
(m) Evidence of Insurance. Within ten (10) days after the deadline for securing insurance coverage specified in Section 5.1(l), and upon annual renewal thereafter, CCP shall deliver to each Project Participant certificates of insurance evidencing such coverage with insurers with ratings comparable to A-VII or higher, and that are authorized to do business in the State of California, in a form evidencing all coverages set forth above. Such certificates shall specify that each Project Participant shall be given at least thirty (30) days prior Notice by CCP in the event of cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of each Project Participant. Any other insurance maintained by CCP not associated with this Agreement is for the exclusive benefit of CCP and shall not in any manner inure to the benefit of Project Participants. The general liability, auto liability and worker’s compensation policies shall be endorsed with a waiver of subrogation in favor of each Project Participant for all work performed by CCP, its employees, agents and sub-contractors.

Item 1e
Attachment 2
Exhibit A 5
(iii) Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
(iv) [Reserved].
(v) Budgeting. Upon the submission of a proposed Annual Budget or proposed Amended Annual Budget, the CCP Board shall review, modify, and approve each Annual Budget and Amended Annual Budget in accordance with Section 5.1(c) of this Agreement. (vi) Early Termination of ESSA. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(b)(ii) of this Agreement, as to an early termination of the ESSA pursuant to Section 11.2 of the ESSA. (vii) Assignment by Project Developer. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section

6.4(b)(iii) of this Agreement, as to any assignment by Project Developer pursuant to Section 14.1 of the ESSA other than any assignment pursuant to Sections 14.2 or 14.3 of the ESSA. (viii) Buyer Financing Assignment. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.4(d) of this Agreement, as to an assignment by CCP to a financing entity. (ix) Change of Control. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.4(e) of this Agreement, as to any Change of Control requiring CCP’s consent, as specified in Section 14.1 of the ESSA.
(x) Supervening Authority of the Board. The CCP Board has complete and plenary supervening power and authority to act upon any matter which is capable of being acted upon by the CCP Manager or which is specified as being within the authority of the CCP Manager pursuant to the provisions of this Agreement.
(xi) Other Matters. The CCP Board is authorized to perform such other functions and duties, including oversight of those matters and responsibilities addressed by the CCP Manager as may be provided for under this Agreement and under the ESSA, or as may otherwise be appropriate.
(xii) Periodic Audits. The CCP Board or the CCP Manager may arrange for the annual audit by certified accountants, selected by the CCP Board and experienced in electric generation or electric utility accounting, of the books and accounting records of CCP, the Project Developer to the extent authorized under the ESSA, and any other counterparty under any agreement to the extent allowable, and such audit shall be completed and submitted to the CCP Board as soon as reasonably practicable after the close of the Contract Year. CCP shall promptly furnish to the Project Participant copies of all audits. No more frequently than once every calendar year, each Project Participant may, at its sole cost and expense, audit, or cause to be audited Item 1e
Attachment 2
Exhibit A 6
the books and cost records of CCP, and/or the Project Developer to the extent authorized under the ESSA.
(xiii) Scheduling Coordinator Services Agreement. Upon a recommendation the CCP Manager pursuant to Section 6.2(f), the CCP Board shall review, modify, and approve, or delegate the authority to approve, a Scheduling Coordinator Services Agreement or amendment thereto.
(b) Pursuant to Section 5.06 of the Joint Powers Agreement, this Agreement modifies the voting rules of the CCP Board for purposes of approving or acting on any matter identified in this Agreement, as follows:
(i) Quorum. A quorum shall consist of a majority of the CCP Board members that represent Project Participants.
(ii) Voting. Each CCP Board member that represents a Project Participant shall have one vote for any matter identified in this Agreement. Any CCP Board member representing a CCP member that is not a Project Participant shall abstain from voting on any matter identified in this Agreement. A vote of the majority of the CCP Board members representing Project Participants that are in attendance shall be sufficient to constitute action, provided a quorum is established and maintained.

Item 1e
Attachment 2
Exhibit B 1

EXHIBIT B
ARTICLE 6

ROLE AND RESPONSIBILITIES OF CCP MANAGER

6.1 Role of CCP Manager. The CCP Manager shall take all actions necessary to ensure that CCP fulfills its obligations under this Agreement, including the obligations set forth in Section

5.1. The CCP Manager is authorized to take any action that CCP is authorized to take, except those actions that expressly require CCP Board approval. In addition to any duties or responsibilities set forth elsewhere in this Agreement, the CCP Manager is directed to do the following:
(a) Consult with the Project Participants with respect to the ongoing administration of the Project, including through the formation of advisory subcommittees. (b) Oversee, as appropriate, the completion of any Project design, feasibility, or planning studies or activities.
(c) Review, discuss, and attempt to resolve any disputes among the Project Participants relating to this Agreement or the ESSA.
(d) Review each invoice submitted by Project Developer and shall request such other data necessary to support the review of such invoices. (e) Respond to any requests for tax-related documentation by the Project Developer.
(f) Provide the Project Developer with Financial Statements as may be required by the ESSA.
(g) Correspond with the Project Developer to compile and distribute to Project Participants information and/or documents required for Project Participants to submit reports to any federal, state, or local regulatory body or other authority regarding the project in such format as required by applicable authority, and respond to any request by a Project Participant for information or documents that are reasonably available to (i) allow the Project Participant to respond to requests for such information from any federal, state, or local regulatory body or other authority; or (ii) for a Project Participant to conduct planning, budgeting, or other regulatory activities.
(h) Upon a request or demand by any third person that is not a Party to the ESSA or a Project Participant, for Confidential Information as described in Section 18.2 of the ESSA, the CCP Manager shall notify the Project Developer and coordinate the response of CCP and Project Participants.
(i) Review Progress Reports provided by Project Developer to CCP pursuant to Section 2.3 of the ESSA and participate in any associated meetings with Project Developer to discuss construction progress. If Project Developer provides a Progress Report to CCP, the CCP Item 1e
Attachment 2
~---
Exhibit B 2
Manager shall promptly provide such Progress Report to each Project Participant. The CCP Manager shall promptly notify the Project Participants upon receiving a Progress Report from the Project Developer that identifies a delay to the Construction Start Date or Commercial Operation Date.
(j) Take any necessary actions or implement such measures as may be necessary to facilitate the transfer of Environmental Attributes from the Project Developer to the Project Participants.
(k) Perform such other functions and duties as may be provided for under this Agreement, the ESSA, or as may otherwise be appropriate or beneficial to the Project or the Project Participants, unless such action requires CCP Board approval pursuant to this Agreement.

6.2. CCP Manager Recommendations to the CCP Board.
(i) Budgeting. Recommend each proposed Annual Budget and proposed Amended Annual Budget for submission to the CCP Board for final approval. (ii) Early Termination of ESSA. Recommend to the CCP Board regarding an early termination of the ESSA pursuant to Section 11.2 of the ESSA. (iii) Assignment by Project Developer. Recommend to the CCP Board any proposed assignment by Project Developer pursuant to Section 14.1 of the ESSA other than any assignment pursuant to Sections 14.2 or 14.3 of the ESSA. (iv) Buyer Financing Assignment. Recommend to the CCP Board regarding an assignment by CCP to a financing entity.
(v) Change of Control. Recommend to the CCP Board regarding any Change of Control requiring CCP’s consent, as specified in Section 14.1 of the ESSA. (vi) Scheduling Coordinator. Recommend to the CCP Board regarding the selection of a Scheduling Coordinator and the form of the Scheduling Coordinator Services Agreement, including any amendments thereto. Such Scheduling Coordinator Services Agreement shall: (i) require that the scheduling and dispatch of the Project is in accordance with the criteria set forth in the Coordinated Operations Agreement; (ii) include the Scheduling Coordinator responsibilities specified in the Coordinated Operations Agreement; and (iii) address requirements relating to CAISO settlements, the Operating Restrictions, and communications and reporting from the Scheduling Coordinator to the Project Participants.

6.3. CCP Manager Report to CCP Board on Actions relating to the PPA or the Project.

Item 1e
Attachment 2
Exhibit B 3
(a) Any recommendations made by the CCP Manager to the Project Developer on the design of the Project.
(b) Confirmation by the CCP Manager that the requirements of Exhibit B of the ESSA have been satisfied, such that the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date has been extended.
(c) Any exercise of CCP’s rights under the ESSA if an Event of Default has occurred under Section 11.1 of the ESSA or under the Scheduling Coordinator Services Agreement.
(d) The approval of any rules, procedures, and protocols for the administration of the Project, including rules, procedures, and protocols for the management of the costs of the Facility and the scheduling, handling, tagging, dispatching, and crediting of the Product, the handling and crediting of Environmental Attributes associated with the Facility and the control and use of the Facility.
(e) The approval of any rules, procedures, and protocols for the monitoring, inspection, and the exercise of due diligence activities relating to the operation of the Facility. (f) The approval or other action relating to the form or content of any written statistical, administrative, or operational reports, Facility-related data and storage information, technical information, facility reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, firming, exchanging, balancing, movement, or other delivery information, and similar information and records, or matters pertaining to the Project which are furnished to the Project Participants or the CCP Manager by the Project Developer, experts, consultants or others.
(g) The approval or modification of any practices and procedures to be followed by Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale, or disposition of the Product, including the control and use of the Facility, and the supply, scheduling, and use of Charging Energy.
(h) The approval or modificaitotn of any arrangements and instruments entered into by the Project Developer or any affiliate thereof to, among other things, secure certain performance requirements, including, but not limited to, the ESSA, the Development Security or the Performance Security and any other letter of credit delivered to, or for the benefit of, CCP by the Project Developer and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
(i) The approval of policies or programs formulated by CCP or Project Developer for determining or estimating storage resources or the values, quantities, volumes, or costs of the Product from the Facility.
(j) Any recommendations made by the CCP Manager to the Project Developer as to the implementation of metering technologies and methodologies appropriate for the delivery, Item 1e
Attachment 2
Exhibit B 4
accounting for, transferring and crediting of the Product to the Point of Delivery (directly or through the Facility).
(k) The approval or disapproval of any specifications, vendors’ proposals, bid evaluations, or any related matters with respect to the Facility. (l) The approval of any Remedial Action Plan submitted by Project Developer to CCP pursuant to Section 2.4 of the ESSA.
(m) The approval of the submission of the written acknowledgement of the Commercial Operation Date in accordance with Section 2.2 of the ESSA. (n) The approval of the return of the Development Security to Project Developer in accordance with Section 8.7 of the ESSA.
(o) The approval of the return of any unused Performance Security to Project Developer in accordance with Section 8.8 of the ESSA.
(p) The collection of any liquidated damages owed by Project Developer to CCP under the ESSA, or any draw upon the Development Security or Performance Security. (q) Any dispute by CCP of an invoice pursuant to Section 8.5 of the ESSA. (r) The collection of any damages owed by the Scheduling Coordinator to CCP under the Scheduling Coordinator Services Agreement or any action permitted by law to enforce CCP’s rights under the Scheduling Coordinator Services Agreement, including but not limited to bringing any suit, action or proceeding at law or in equity as may be necessary or appropriate to recover damages and/or enforce any covenant, agreement, or obligation against the Scheduling Coordinator.

6.4. Subcommittees. The CCP Manager may establish as needed subcommittees including, but not limited to, auditing, legal, financial, engineering, mechanical, weather, geologic, diurnal, barometric, meteorological, operating, insurance, governmental relations, environmental, and public information subcommittees. The authority, membership, and duties of any subcommittee shall be established by the CCP Manager; provided, however, such authority, membership or duties shall not conflict with the provisions of the ESSA or this Agreement. (a) Project Participant Expenses. Any expenses incurred by any representative of any Project Participant or group of Project Participants serving on any subcommittee in connection with their duties on such subcommittee shall be the responsibility of the Project Delegation. To secure the effective cooperation and interchange of information in a timely manner in connection with various administrative, technical, and other matters which may arise from time to time in connection with administration of the ESSA, in appropriate cases, duties and responsibilities of the CCP Board, as the case may be under this Section 6, may be delegated to the CCP Manager by the CCP Board upon notice to the Project Participants.

Item 1e
Attachment 2
Exhibit C 1

EXHIBIT C
ARTICLE 7

COORDINATED OPERATIONS AGREEMENT

7.1. Coordinated Operations Agreement. The Project Participants shall establish a Coordinated Operations Agreement by and among CCP and all Project Participants for purposes of operating the Project.

7.2. [Reserved].

Item 1e
Attachment 2
Exhibit D 1

EXHIBIT D
ARTICLE 8

OPERATING ACCOUNT

Item 1e
Attachment 2
AMENDMENT NO. 1 TO

FISH LAKE GEOTHERMAL

PROJECT PARTICIPATION SHARE AGREEMENT
among

CENTRAL COAST COMMUNITY ENERGY
and

CITY AND COUNTY OF SAN FRANCISCO, ACTING BY AND THROUGH ITS PUBLIC

UTILITIES COMMISSION CLEANPOWERSF
and

PENINSULA CLEAN ENERGY
and

REDWOOD COAST ENERGY AUTHORITY
and
CITY OF SAN JOSÉ, ADMINISTRATOR OF SAN JOSÉ CLEAN ENERGY and

SILICON VALLEY CLEAN ENERGY
and

SONOMA CLEAN POWER
and

VALLEY CLEAN ENERGY
and

CALIFORNIA COMMUNITY POWER
Item 1e
Attachment 3
-1-
AMENDMENT NO. 1 TO

FISH LAKE GEOTHERMAL

PROJECT PARTICIPATION SHARE AGREEMENT
This AMENDMENT NO. 1 to FISH LAKE GEOTHERMAL PROJECT PARTICIPATION SHARE AGREEMENT (“Amendment”), dated as of _________, (the “Amendment Effective Date”) is entered into by and among Central Coast Clean Energy, a California joint powers authority, the City and County of San Francisco acting by and through its Public Utilities Commission, CleanPowerSF, Peninsula Clean Energy, a California joint powers authority, Redwood Coast Energy Authority, a California joint powers authority, City of San José, a California municipality, Silicon Valley Clean Energy, a California joint powers authority, Sonoma Clean Power, a California joint powers authority, and Valley Clean Energy, a California joint powers authority (each individually a “Project Participant” and collectively referred to as the “Project Participants”) and California Community Power (“CCP”), a California joint powers authority. This Amendment is being provided pursuant to and in accordance with the terms and provisions of the Project Participation Share Agreement dated September 22, 2022 (the “PPSA”) This Amendment, and the PPSA (as defined below), including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.”

RECITALS
WHEREAS, CCP and the Project Participants entered into the Fish Lake Geothermal Project Participation Share with an Effective Date of September 22, 2022 (the “PPSA”); and WHEREAS, CCP and the Project Participants desire to modify certain terms of the PPSA.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, CCP and the Project Participants mutually agree to the following:

1. Recitals. The Recitals stated above are true and correct and are incorporated by this reference into this Amendment No. 1.

2. Capitalized Terms. All capitalized terms used herein, which are not defined herein, shall have the meanings ascribed thereto in the PPSA, as amended hereby.

3. Amendments to the PPSA.
a. Article 1 Definition of “Amended Annual Budget” is hereby deleted and replaced with the following language: “Amended Annual Budget” means the budget recommended by the CCP Manager and adopted by the CCP Board pursuant to Section 5.1(c) of this Agreement.
b. Article 1 Definition of “Annual Budget” is hereby deleted and replaced with the following language: “Annual Budget” means the budget recommended by the CCP Manager and adopted by the CCP Board pursuant to Section 5.1(c) of this Agreement. c. Article 1 Definition of “CCP Manager” is hereby deleted and replaced with the following language: “CCP Manager” means the General Manager of California Community Power Item 1e
Attachment 3
-2-
or any person who is designated by the CCP Board to act in the capacity of the General Manager.
d. Article 1 Definition of “Project Committee” is hereby deleted. e. Article 1 Definition of “Project Rights” is hereby deleted and replaced with the following language: “Project Rights” means all rights and privileges of a Project Participant under this Agreement, including but not limited to its Entitlement Share, and its right to receive the Product from the Facility.
f. Article 1 Definition of “Shared Facilities Agreements” is hereby deleted and replaced with the following language: “ Shared Facilities Agreements” has the meaning set forth in Section 6.3 of the PPA.
g. Article 5 is hereby deleted and replaced with the language contained in Exhibit A of this Amendment.
h. Article 6 is hereby deleted and replaced with the language contained in Exhibit B of this Amendment.
i. Article 8 is hereby deleted and replaced with the language contained in Exhibit C of this Amendment.
j. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting “call a meeting of the Project Committee and.” k. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting all reference to the “Project Committee” and replacing it with “Project Participants.”
l. Exhibit C Section (a)(i)(B)(d) is hereby amended by deleting “approved by the Project Committee through a Normal Vote” and replacing it with “approved by the CCP Manager.”
m. Exhibit C Section (a)(i)(B)(e) is hereby amended by deleting “and upon approval of such transfer by the Project Committee,.”
n. Exhibit D of the PPSA is here by deleted.

5. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.
[Signatures appear on following page.]
Item 1e
Attachment 3
-3-
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

California Community Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Central Coast Community Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Clean Power San Francisco
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 3
-4-
Peninsula Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Redwood Coast Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

San José Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Silicon Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 3
-5-
Sonoma Clean Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 3
Exhibit A 1

EXHIBIT A
ARTICLE 5

OBLIGATIONS OF CCP AND ROLE OF CCP BOARD

5.1. Obligations of CCP.
(a) CCP shall take such commercially reasonable actions or implement such commercially reasonable measures as may be necessary or desirable for the utilization, maintenance, or preservation of the rights and interests of the Project Participants in the Project including, if appropriate, such enforcement actions or other measures as CCP or the CCP Board deems to be in the Project Participants’ best interests. To the extent not inconsistent with the PPA or other applicable agreements, CCP may also be authorized by the Project Participants to assume responsibilities for planning, designing, financing, developing, acquiring, insuring, contracting for, administering, operating, and maintaining the Project to effectuate the conveyance of the Product to Project Participants in accordance with Project Participants’ Entitlement Shares. (b) To the extent such services are available and can be carried forth in accordance with the PPA, CCP shall also provide such other services, as may be deemed necessary by CCP or the CCP Board to secure the benefits and/or satisfy the obligations associated with the PPA.
(c) Adoption of Annual Budget. The Annual Budget and any amendments to the Annual Budget shall be prepared and approved in accordance with this Section 5.1(c). (i) The CCP Manager will prepare a proposed Annual Budget at least ninety (90) days prior to the beginning of each Contract Year during the term of this Agreement.

The proposed Annual Budget shall be based on the prior Contract Year’s actual costs and shall include reasonable estimates of the costs CCP expects to incur during the applicable Contract Year in association with the administration of the PPA, including the cost of insurance coverages that are determined to be attributable to the Project by action of the CCP Board. The CCP Manager shall present the proposed Annual Budget to the CCP Board. The CCP Board shall adopt the Annual Budget no later than thirty (30) days prior to the beginning of such Contract Year and shall cause copies of such adopted Annual Budget to be delivered to each Project Participant. (A) For operating costs not otherwise collected through Articles 8 and 9 incurred prior to the Commercial Operation Date and which are approved by the CCP Board, including costs related to monitoring the development of the Project and other costs that are determined to be attributable to the Project by action of the CCP Board, shall be invoiced to each Project Participant based on their Project Entitlement Share. (ii) At any time after the adoption of the Annual Budget for a Contract Year, the CCP Manager may prepare a proposed Amended Annual Budget for and applicable to the remainder of such Contract Year. The proposal shall (A) explain why an amendment to the Annual Budget is needed, (B) compare estimated costs against actual costs, and (C) describe the events that triggered the need for additional funding. The CCP Manager shall present the proposed Amended Annual Budget to the CCP Board. Upon adoption of the Amended Annual Budget by the CCP Board, such Amended Annual Budget shall apply to the remainder of the Contract Year Item 1e
Attachment 3
Exhibit A 2
and the CCP Board shall cause copies of such adopted Amended Annual Budget to be delivered to each Project Participant.
(iii) Reports. CCP will prepare and issue to Project Participants the following reports each quarter of a year during the Term:
(A) Financial and operating statement relating to the Project. (B) Variance report comparing the costs in the Annual Budget versus actual costs, and the status of other cost-related issues with respect to the Project. If CCP incurred any costs to provide services that were deemed necessary pursuant to Section 5.1(b), the variance report shall identify the costs and describe the services provided.
(d) Records and Accounts. CCP will keep, or cause to be kept, accurate records and accounts of the Project as well as of the operations relating to the Project, all in a manner similar to accepted accounting methodologies associated with similar projects. All transactions of CCP relating to the Project with respect to each Contract Year shall be subject to an annual audit.

Each Project Participant shall have the right at its own expense to examine and copy the records and accounts referred to above on reasonable notice during regular business hours. (e) Information Sharing. Upon CCP’s request, each Project Participant agrees to coordinate with CCP to provide such information, documentation, and certifications that are reasonably necessary for the design, financing, refinancing, development, operation, administration, maintenance, and ongoing activities of the Project, including information required to respond to requests for such information from any federal, state, or local regulatory body or other authority.
(f) [Reserved].
(g) Deposit of Insurance Proceeds. CCP shall promptly deposit any insurance proceeds received by CCP from any insurance obtained pursuant to this Agreement or otherwise associated with the Project into the Operating Accounts of the Project Participants based on each Project Participants’ Entitlement Shares.
(h) Liquidated and Other Damages. Any amounts paid to CCP, or applied against payments otherwise due by CCP pursuant to the PPA or each Project Participant’s respective BLPTA, by the Project Developer shall be deposited on a pro rata share, based on each Project Participant’s Entitlement Share into each Project Participant’s Operating Account.

Liquidated damages include, but are not limited to Daily Delay Damages, RA Deficiency Amount, Capacity Damages, Guaranteed Energy Production Damages, Damage Payment, and Termination Payment.
(i) Environmental Attributes. CCP shall take such actions or implement such measures as may be necessary to facilitate the transfer of Environmental Attributes from the Project Developer to the Project Participants.

Item 1e
Attachment 3
Exhibit A 3
(j) Resale of Product. Any Project Participant may direct CCP to remarket such Project Participant’s Entitlement Share of the Product, or such Project Participant’s Entitlement Share of any part of the Product. If CCP incurs any expenses associated with the remarketing activities pursuant to this Section 5.1(j), then CCP shall include the total amount of such expenses as a Monthly Cost on the Project Participant’s next Billing Statement. Prior to offering the Project Participant’s Entitlement Share of the Product, or the Project Participant’s Entitlement Share of any part of the Product to any third party, CCP shall first offer the Product or portion of the Product to the other Project Participants. The amount of compensation paid to the selling Project Participant shall be negotiated and agreed to between the selling Project Participant and the purchasing Project Participant or third party. Any payments for any resold Product pursuant to this Section 5.1(j) shall be transmitted directly from the purchasing Project Participant or purchasing third party to the reselling Project Participant. Any such resale to a third party shall not convey any rights or authority over the operation of the Project, and the Project Participant shall not make a representation to the third party that the resale conveys any rights or authority over the operation of the Project.
(k) Uncontrollable Forces. CCP shall not be required to provide, and CCP shall not be liable for failure to provide, the Product, Replacement RA, or other service under this Agreement when such failure, or the cessation or curtailment of, or interference with, the service is caused by Uncontrollable Forces or by the failure of the Project Developer, or its successors or assigns, to obtain any required governmental permits, licenses, or approvals to acquire, administer, or operate the Project; provided, however, that the Project Participants shall not thereby be relieved of their obligations to make payments under this Agreement except to the extent CCP is so relieved pursuant to the PPA, and provided further that CCP shall pursue all applicable remedies against the Project Developer under the PPA and distribute any remedies obtained pursuant to Section 5.1(h).
(l) Insurance. Within one hundred and eighty days (180) of the Effective Date of this Agreement, CCP shall secure and maintain, during the Term, insurance coverage as follows:
(i) Commercial General Liability. CCP shall maintain, or cause to be maintained, commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of One Million Dollars ($1,000,000) per occurrence, and an annual aggregate of not less than Two Million Dollars ($2,000,000), endorsed to provide contractual liability in said amount, specifically covering CCP’s obligations under this Agreement and including each Project Participant as an additional insured. (ii) Employer’s Liability Insurance. CCP, if it has employees, shall maintain Employers’ Liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee. (iii) Workers’ Compensation Insurance. CCP, if it has employees, shall also maintain at all times during the Term workers’ compensation and employers’ liability insurance coverage in accordance with statutory amounts, with employer’s liability limits of not less than One Million Dollars ($1,000,000.00) for each accident, injury, or illness; and include a blanket waiver of subrogation.

Item 1e
Attachment 3
Exhibit A 4
(iv) Business Auto Insurance. CCP shall maintain at all times during the Term business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of CCP’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement and shall name each Project Participant as an additional insured and contain standard cross-liability and severability of interest provisions. (v) Public Entity Liability Insurance. CCP shall maintain public entity liability insurance, including public officials’ liability insurance, public entity reimbursement insurance, and employment practices liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim, and an annual aggregate of not less than One Million Dollars ($1,000,000) and CCP shall maintain such coverage for at least two (2) years from the termination of this Agreement.
(m) Evidence of Insurance. Within ten (10) days after the deadline for securing insurance coverage specified in Section 5.1(l), and upon annual renewal thereafter, CCP shall deliver to each Project Participant certificates of insurance evidencing such coverage with insurers with ratings comparable to A-VII or higher, and that are authorized to do business in the State of California, in a form evidencing all coverages set forth above. Such certificates shall specify that each Project Participant shall be given at least thirty (30) days prior Notice by CCP in the event of cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of each Project Participant. Any other insurance maintained by CCP not associated with this Agreement is for the exclusive benefit of CCP and shall not in any manner inure to the benefit of Project Participants. The general liability, auto liability and worker’s compensation policies shall be endorsed with a waiver of subrogation in favor of each Project Participant for all work performed by CCP, its employees, agents and sub-contractors.

5.2. Role of CCP Board.
(a) The rights and obligations of CCP under the PPA shall be subject to the ultimate control at all times of the CCP Board. The CCP Board shall have, in addition to the duties and responsibilities set forth elsewhere in this Agreement, the duties and responsibilities listed below, among others. The actions identified in Section 5.2(a)(ii) through (a)(ix) and Section

5.2(a)(xiii) shall require CCP Board approval.
(i) Dispute Resolution. The CCP Board shall review, discuss and attempt to resolve any disputes among CCP, any of the Project Participants, and the Project Developer relating to the Project, the operation and management of the Facility, and CCP’s rights and interests in the Facility.
(ii) PPA. The CCP Board shall have the authority to review, modify, and approve, as appropriate, all amendments, modifications, and supplements to the PPA. (iii) Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those Item 1e
Attachment 3
Exhibit A 5
budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
(iv) [Reserved].
(v) Budgeting. Upon the submission of a proposed Annual Budget or proposed Amended Annual Budget, the CCP Board shall review, modify, and approve each Annual Budget and Amended Annual Budget in accordance with Section 5.1(c) of this Agreement. (vi) Early Termination of PPA. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(b) of this Agreement, as to an early termination of the PPA pursuant to Section 11.2 of the PPA. (vii) Assignment by Project Developer. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(c) of this Agreement, as to any assignment by Project Developer pursuant to Section 14.1 of the PPA other than any assignment pursuant to Sections 14.2 or 14.3 of the PPA. (viii) Buyer Financing Assignment. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(d) of this Agreement, as to an assignment by CCP to a financing entity. (ix) Change of Control. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(e) of this Agreement, as to any Change of Control requiring CCP’s consent, as specified in Section 14.1 of the PPA.
(x) Supervening Authority of the Board. The CCP Board has complete and plenary supervening power and authority to act upon any matter which is capable of being acted upon by the CCP Manager or which is specified as being within the authority of the CCP Manager pursuant to the provisions of this Agreement.
(xi) Other Matters. The CCP Board is authorized to perform such other functions and duties, including oversight of those matters and responsibilities addressed by the CCP Manager as may be provided for under this Agreement and under the PPA, or as may otherwise be appropriate.
(xii) Periodic Audits. The CCP Board or the CCP Manager may arrange for the annual audit by certified accountants, selected by the CCP Board and experienced in electric generation or electric utility accounting, of the books and accounting records of CCP, the Project Developer to the extent authorized under the PPA, and any other counterparty under any agreement to the extent allowable, and such audit shall be completed and submitted to the CCP Board as soon as reasonably practicable after the close of the Contract Year. CCP shall promptly furnish to the Project Participant copies of all audits. No more frequently than once every calendar year, each Project Participant may, at its sole cost and expense, audit, or cause to be audited the books and cost records of CCP, and/or the Project Developer to the extent authorized under the PPA.

Item 1e
Attachment 3
Exhibit A 6
(xiii) Compliance Expenditures. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(f) of this Agreement, as to Compliance Expenditures, as specified in Section 3.12(c), (d), and (e) of the PPA. If the CCP Board authorizes CCP to agree to reimburse Project Developer for Accepted Compliance Costs, then such amount shall be added to the amount of Operating Costs included in the Monthly Cost calculation for the subsequent month.
(b) Pursuant to Section 5.06 of the Joint Powers Agreement, this Agreement modifies the voting rules of the CCP Board for purposes of approving or acting on any matter identified in this Agreement, as follows:
(i) Quorum. A quorum shall consist of a majority of the CCP Board members that represent Project Participants.
(ii) Voting. Each CCP Board member that represents a Project Participant shall have one vote for any matter identified in this Agreement. Any CCP Board member representing a CCP member that is not a Project Participant shall abstain from voting on any matter identified in this Agreement. A vote of the majority of the CCP Board members representing Project Participants that are in attendance shall be sufficient to constitute action, provided a quorum is established and maintained.

Item 1e
Attachment 3
Exhibit B 1

EXHIBIT B
ARTICLE 6

ROLE AND RESPONSIBILITIES OF CCP MANAGER

6.1. Role of CCP Manager. The CCP Manager shall take all actions necessary to ensure that CCP fulfills its obligations under this Agreement, including the obligations set forth in Section 5.1. The CCP Manager is authorized to take any action that CCP is authorized to take, except those actions that expressly require CCP Board approval. In addition to any duties or responsibilities set forth elsewhere in this Agreement, the CCP Manager is directed to do the following:
(a) Consult with the Project Participants with respect to the ongoing administration of the Project, including through the formation of advisory subcommittees. (b) Oversee, as appropriate, the completion of any Project design, feasibility, or planning studies or activities.
(c) Review, discuss, and attempt to resolve any disputes among the Project Participants relating to this Agreement or the PPA.
(d) Review each invoice submitted by Project Developer and request such other data necessary to support the review of such invoices.
(e) Respond to any requests for tax-related documentation by the Project Developer.
(f) Provide the Project Developer with Financial Statements as may be required by the PPA.
(g) Correspond with the Project Developer to compile and distribute to Project Participants information and/or documents required for Project Participants to submit reports to any federal, state, or local regulatory body or other authority regarding the Project in such format as required by applicable authority, and respond to any request by a Project Participant for information or documents that are reasonably available to (i) allow the Project Participant to respond to requests for such information from any federal, state, or local regulatory body or other authority; or (ii) for a Project Participant to conduct planning, budgeting, or other regulatory activities.
(h) Upon a request or demand by any third person that is not a Party to the PPA or a Project Participant, for Confidential Information as described in Section 18.2 of the PPA, the CCP Manager shall notify the Project Developer and coordinate the response of CCP and Project Participants.
(i) Review Progress Reports provided by Project Developer to CCP pursuant to Section 2.3 of the PPA and participate in any associated meetings with Project Developer to discuss construction progress. If Project Developer provides a Progress Report to CCP, the CCP Item 1e
Attachment 3
Exhibit B 2
Manager shall promptly provide such Progress Report to each Project Participant. The CCP Manager shall promptly notify the Project Participants upon receiving a Progress Report from the Project Developer that identifies a delay to the Construction Start Date or Commercial Operation Date.
(j) Take any necessary actions or implement such measures as may be necessary to facilitate the transfer of Environmental Attributes from the Project Developer to the Project Participants.
(k) Perform such other functions and duties as may be provided for under this Agreement, the PPA, or as may otherwise be appropriate or beneficial to the Project or the Project Participants, unless such action requires CCP Board approval pursuant to this Agreement.

6.3. CCP Manager Report to CCP Board on Actions relating to the PPA or the Project. The CCP Manager shall report to the CCP Board on the occurrence of any of the following actions taken by the CCP Manager. Such report may be written or oral and shall be provided at the next CCP Board Meeting occurring within a reasonable amount of time after the action was taken. Any information included as part of such report may be provided by the CCP Manager in a manner that maintains the confidentiality of such information, as reasonably determined to be necessary by the CCP Manager. (a) Any recommendations made by the CCP Manager to the Project Developer on the design of the Project.
(b) Confirmation by the CCP Manager that the requirements of Exhibit B of the PPA have been satisfied, such that the Guaranteed Construction Start Date and/or Guaranteed Commercial Operation Date has been extended.

Item 1e
Attachment 3
Exhibit B 3
(c) Any exercise of CCP’s rights under the PPA upon the occurrence of an Event of Default has occurred under Section 11.1 of the PPA. (d) The approval of any rules, procedures, and protocols for the administration of the Project, including rules, procedures, and protocols for the management of the costs of the Facility and the scheduling, handling, tagging, dispatching, and crediting of the Product, the handling and crediting of Environmental Attributes associated with the Facility and the control and use of the Facility.
(e) The approval of any rules, procedures, and protocols for the monitoring, inspection, and the exercise of due diligence activities relating to the operation of the Facility. (f) The approval or other action relating to the form or content of any written statistical, administrative, or operational reports, Facility-related data and technical information, facility reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, firming, exchanging, balancing, movement, or other delivery information, and similar information and records, or matters pertaining to the Project which are furnished to the Project Participants or the CCP Manager by the Project Developer, experts, consultants or others. (g) The approval or modification of any practices and procedures to be followed by Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale, or disposition of the Product, including the control and use of the Facility. (h) The approval or modification of any arrangements and instruments entered into by the Project Developer or any affiliate thereof to, among other things, secure certain performance requirements, including, but not limited to, the PPA, the Development Security or the Performance Security and any other letter of credit delivered to, or for the benefit of, CCP by the Project Developer and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
(i) The approval of policies or programs formulated by CCP or Project Developer for determining or estimating the values, quantities, volumes, or costs of the Product from the Facility.
(j) Any recommendations made by the CCP Manger to the Project Developer as to the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Product to the Point of Delivery (directly or through the Facility).
(k) The approval or disapproval of any specifications, vendors’ proposals, bid evaluations, or any related matters with respect to the Facility. (l) The approval of any Remedial Action Plan submitted by Project Developer to CCP pursuant to Section 2.4 of the PPA.
(m) The approval of the submission of the written acknowledgement of the Commercial Operation Date in accordance with Section 2.2 of the PPA.

Item 1e
Attachment 3
Exhibit B 4
(n) The approval of the return of the Development Security to Project Developer in accordance with Section 8.8 of the PPA.
(o) The approval of the return of any unused Performance Security to Project Developer in accordance with Section 8.9 of the PPA.
(p) The collection of any liquidated damages owed by Project Developer to CCP under the PPA, or any draw upon the Development Security or Performance Security. (q) Any dispute by CCP of an invoice pursuant to Section 8.5 of the PPA. (r) The approval of the return of the CP Security to Project Developer in accordance with Section 8.7 of the PPA.
(s) The approval of the submission of the Pseudo-tie Participating Generator Agreement in accordance with Section 2.2(b) of the PPA. (t) The approval of the submission of the Meter Service Agreement in accordance with Section 2.2(c) of the PPA.
(u) The approval of the submission of the Interconnection Agreement in accordance with Section 2.2(d) of the PPA.
(v) Confirmation by the CCP Manager that Project Developer has secured the required Firm Transmission Rights in accordance with Section 2.2(f) of the PPA. (w) Confirmation by the CCP Manager that Project Developer has received CEC Precertification for the Facility in accordance with Section 2.2(g) of the PPA. (x) Any direction to the Project Developer to submit a Green-e® Energy Tracking Attestation Form the Product delivered under the PPA to the Center for Resource Solutions pursuant to Section 4.10 of the PPA.
(y) Any direction to the Project Developer to change the Negative LMP Strike Price in pursuant to subdivisions (e) of Exhibit C of the PPA.

6.4. Subcommittees. The CCP Manager may establish as needed subcommittees including, but not limited to, auditing, legal, financial, engineering, mechanical, weather, geologic, diurnal, barometric, meteorological, operating, insurance, governmental relations, environmental, and public information subcommittees. The authority, membership, and duties of any subcommittee shall be established by the CCP Manager; provided, however, such authority, membership or duties shall not conflict with the provisions of the PPA or this Agreement.
(a) Project Participant Expenses. Any expenses incurred by any representative of any Project Participant or group of Project Participants serving on any subcommittee in connection with their duties on such subcommittee shall be the responsibility of the Project Participant which they represent and shall not be an expense payable under this Agreement.

Item 1e
Attachment 3
Exhibit B 5

6.5. Delegation. To secure the effective cooperation and interchange of information in a timely manner in connection with various administrative, technical, and other matters which may arise from time to time in connection with administration of the PPA, in appropriate cases, duties and responsibilities of the CCP Board, as the case may be under this Section 6, may be delegated to the CCP Manager by the CCP Board upon notice to the Project Participants.

Item 1e
Attachment 3
Exhibit C 1

EXHIBIT C
ARTICLE 8

OPERATING ACCOUNT

8.1. Calculation of Estimated Monthly Project Cost.
(a) No later than one hundred and eighty (180) days after the Effective Date, the CCP Manager shall present to the Project Participants a proposed Estimated Monthly Project Cost, which shall be equal to the single highest forecasted Monthly Cost over the first Contract Year. The Project Participants shall review, and, if appropriate, recommend approval of or modification to the proposed Estimated Monthly Project Cost.

8.2. Operating Account. CCP shall establish an Operating Account for each Project Participant that is accessible to and can be drawn upon by both CCP and the applicable Project Participant. Such Operating Accounts are for the purpose of providing a reliable source of funds for the payment obligations of the Project and, taking into account the variability of costs associated with the Project for the purpose of providing a reliable payment mechanism to address the ongoing costs associated with the Project. (a) Operating Account Amount. The Operating Account Amount for each Project Participant shall be an amount equal to the Estimated Monthly Project Cost multiplied by three (3), the product of which is multiplied by such Project Participant’s Entitlement Share (“Operating Account Amount”).
(b) Initial Funding of Operating Account. By no later than sixty (60) days after CCP’s notification to Project Participants of the Construction Start Date pursuant to Exhibit B of the PPA, the Effective Date, each Project Participant shall deposit into such Project Participant’s Operating Account an amount equal to that Project Participant’s Operating Account Amount. (c) Use of Operating Account. CCP shall draw upon each Project Participant’s Operating Account each month in an amount equal to the Monthly Costs multiplied by such Project Participant’s Entitlement Share. As required by Section 9.5, each Project Participant must deposit sufficient funds into such Project Participant’s Operating Account by the deadline specified in Section 9.5.
(d) Final Distribution of Operating Account. Following the expiration or earlier termination of the PPA, and upon payment and satisfaction of any and all liabilities and obligations to make payments of the Project Participants under this Agreement and upon satisfaction of all remaining costs and obligations of CCP under the PPA, any amounts then remaining in any Project Participant’s Operating Account shall be paid to the associated Project Participant.

Item 1e
Attachment 3
-1-
AMENDMENT NO. 1 TO

ORGP LLP GEOTHERMAL PORTFOLIO

PROJECT PARTICIPATION SHARE AGREEMENT
among

CENTRAL COAST COMMUNITY ENERGY
and

CITY AND COUNTY OF SAN FRANCISCO, ACTING BY AND THROUGH ITS PUBLIC

UTILITIES COMMISSION CLEANPOWERSF
and

PENINSULA CLEAN ENERGY AUTHORITY
and

REDWOOD COAST ENERGY AUTHORITY
and
CITY OF SAN JOSÉ, ADMINISTRATOR OF SAN JOSÉ CLEAN ENERGY and

SILICON VALLEY CLEAN ENERGY AUTHORITY
and

SONOMA CLEAN POWER AUTHORITY
and

VALLEY CLEAN ENERGY
and

CALIFORNIA COMMUNITY POWER
Item 1e
Attachment 4
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AMENDMENT NO. 1 TO

ORGP LLP GEOTHERMAL PORTFOLIO

PROJECT PARTICIPATION SHARE AGREEMENT
This AMENDMENT NO. 1 to ORGP LLP GEOTHERMAL PORTFOLIO PROJECT PARTICIPATION SHARE AGREEMENT (“Amendment”), dated as of _________, (the “Amendment Effective Date”) is entered into by and among Central Coast Clean Energy, a California joint powers authority, the City and County of San Francisco acting by and through its Public Utilities Commission, CleanPowerSF, Peninsula Clean Energy Authority, a California joint powers authority, Redwood Coast Energy Authority, a California joint powers authority, City of San José, a California municipality, Silicon Valley Clean Energy Authority, a California joint powers authority, Sonoma Clean Power Authority, a California joint powers authority, and Valley Clean Energy, a California joint powers authority. This Amendment is being provided pursuant to and in accordance with the terms and provisions of the Project Participation Share Agreement dated September 22, 2022 (the “PPSA”) This Amendment, and the PPSA (as defined below), including any appendices, exhibits or amendments thereto, shall collectively be referred to as the “Agreement.”

RECITALS
WHEREAS, CCP and the Project Participants entered into the ORGP LLP Geothermal Portfolio Project Participation Share with an Effective Date of September 22, 2022 (the “PPSA”); and WHEREAS, CCP and the Project Participants desire to modify certain terms of the PPSA.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, CCP and the Project Participants mutually agree to the following:

1. Recitals. The Recitals stated above are true and correct and are incorporated by this reference into this Amendment No. 1.

2. Capitalized Terms. All capitalized terms used herein, which are not defined herein, shall have the meanings ascribed thereto in the PPSA, as amended hereby.

Item 1e
Attachment 4
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d. Article 1 Definition of “Project Committee” is hereby deleted. e. Article 1 Definition of “Project Rights” is hereby deleted and replaced with the following language: “Project Rights” means all rights and privileges of a Project Participant under this Agreement, including but not limited to its Entitlement Share, and its right to receive the Product from the Facility.
f. Article 5 is hereby deleted and replaced with the language contained in Exhibit A of this Amendment.
g. Article 6 is hereby deleted and replaced with the language contained in Exhibit B of this Amendment.
h. Article 8 is hereby deleted and replaced with the language contained in Exhibit C of this Amendment.
i. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting “call a meeting of the Project Committee and.” j. Exhibit C Section (a)(i)(A) “Establish Entitlement Share Reduction Compensation Amount” is hereby amended by deleting all reference to the “Project Committee” and replacing it with “Project Participants.”
k. Exhibit C Section (a)(i)(B)(d) is hereby amended by deleting “approved by the Project Committee through a Normal Vote” and replacing it with “approved by the CCP Manager.”
l. Exhibit C Section (a)(i)(B)(e) is hereby amended by deleting “and upon approval of such transfer by the Project Committee,.”
m. Exhibit D of the PPSA is here by deleted.

5. Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument and each of which shall be deemed an original.
[Signatures appear on following page.]
Item 1e
Attachment 4
-4-
IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the Effective Date.

California Community Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Central Coast Community Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Clean Power San Francisco
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 4
-5-
Peninsula Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Redwood Coast Energy Authority
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

San José Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Silicon Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 4
-6-
Sonoma Clean Power
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Valley Clean Energy
By:

Name:

Title:

Approved as to form by Counsel
By:

Name:

Title:

Item 1e
Attachment 4
Exhibit A 1

EXHIBIT A
ARTICLE 5

OBLIGATIONS OF CCP AND ROLE OF BOARD

5.1. Obligations of CCP.
(a) CCP shall take such commercially reasonable actions or implement such commercially reasonable measures as may be necessary or desirable for the utilization, maintenance, or preservation of the rights and interests of the Project Participants in the Project including, if appropriate, such enforcement actions or other measures as CCP or the CCP Board deems to be in the Project Participants’ best interests. To the extent not inconsistent with the PPA or other applicable agreements, CCP may also be authorized by the Project Participants to assume responsibilities for planning, designing, financing, developing, acquiring, insuring, contracting for, administering, operating, and maintaining the Project to effectuate the conveyance of the Product to Project Participants in accordance with Project Participants’ Entitlement Shares. (b) To the extent such services are available and can be carried forth in accordance with the PPA, CCP shall also provide such other services, as may be deemed necessary by CCP or the CCP Board to secure the benefits and/or satisfy the obligations associated with the PPA.
(c) Adoption of Annual Budget. The Annual Budget and any amendments to the Annual Budget shall be prepared and approved in accordance with this Section 5.1(c). (i) The CCP Manager will prepare a proposed Annual Budget at least ninety (90) days prior to the beginning of each Contract Year during the term of this Agreement.

The proposed Annual Budget shall be based on the prior Contract Year’s actual costs and shall include reasonable estimates of the costs CCP expects to incur during the applicable Contract Year in association with the administration of the PPA, including the cost of insurance coverages that are determined to be attributable to the Project by action of the CCP Board. The CCP Manager shall present the proposed Annual Budget to the CCP Board. The CCP Board shall adopt the Annual Budget no later than thirty (30) days prior to the beginning of such Contract Year and shall cause copies of such adopted Annual Budget to be delivered to each Project Participant. (A) For operating costs not otherwise collected through Articles 8 and 9 incurred prior to the Commercial Operation Date and which are approved by the CCP Board, including costs related to monitoring the development of the Project and other costs that are determined to be attributable to the Project by action of the CCP Board, shall be invoiced to each Project Participant based on their Project Entitlement Share. (ii) At any time after the adoption of the Annual Budget for a Contract Year, the CCP Manager may prepare a proposed Amended Annual Budget for and applicable to the remainder of such Contract Year. The proposal shall (A) explain why an amendment to the Annual Budget is needed, (B) compare estimated costs against actual costs, and (C) describe the events that triggered the need for additional funding. The CCP Manager shall present the proposed Amended Annual Budget to the CCP Board. Upon adoption of the Amended Annual Budget by the CCP Board, such Amended Annual Budget shall apply to the remainder of the Contract Year Item 1e
Attachment 4
Exhibit A 2
and the CCP Board shall cause copies of such adopted Amended Annual Budget to be delivered to each Project Participant.
(iii) Reports. CCP will prepare and issue to Project Participants the following reports each quarter of a year during the Term:
(A) Financial and operating statement relating to the Project. (B) Variance report comparing the costs in the Annual Budget versus actual costs, and the status of other cost-related issues with respect to the Project. If CCP incurred any costs to provide services that were deemed necessary pursuant to Section 5.1(b), the variance report shall identify the costs and describe the services provided. (d) Records and Accounts. CCP will keep, or cause to be kept, accurate records and accounts of the Project as well as of the operations relating to the Project, all in a manner similar to accepted accounting methodologies associated with similar projects. All transactions of CCP relating to the Project with respect to each Contract Year shall be subject to an annual audit.

Each Project Participant shall have the right at its own expense to examine and copy the records and accounts referred to above on reasonable notice during regular business hours. (e) Information Sharing. Upon CCP’s request, each Project Participant agrees to coordinate with CCP to provide such information, documentation, and certifications that are reasonably necessary for the design, financing, refinancing, development, operation, administration, maintenance, and ongoing activities of the Project, including information required to respond to requests for such information from any federal, state, or local regulatory body or other authority.
(f) [Reserved].
(g) Deposit of Insurance Proceeds. CCP shall promptly deposit any insurance proceeds received by CCP from any insurance obtained pursuant to this Agreement or otherwise associated with the Project into the Operating Accounts of the Project Participants based on each Project Participants’ Entitlement Shares.
(h) Liquidated and Other Damages. Any amounts paid to CCP, or applied against payments otherwise due by CCP pursuant to the PPA or each Project Participant’s respective BLPTA, by the Project Developer shall be deposited on a pro rata share, based on each Project Participant’s Entitlement Share into each Project Participant’s Operating Account.

Liquidated damages include, but are not limited to Delay Damages, RA Deficiency Amount, Capacity Buydown Damages, Shortfall Liquidated Damages, Damage Payment, and Termination Payment.
(i) Green Attributes. CCP shall take such actions or implement such measures as may be necessary to facilitate the transfer of Green Attributes from the Project Developer to the Project Participants.
(j) Resale of Product. Any Project Participant may direct CCP to remarket such Project Participant’s Entitlement Share of the Product, or such Project Participant’s Entitlement Item 1e
Attachment 4
Exhibit A 3
Share of any part of the Product. If CCP incurs any expenses associated with the remarketing activities pursuant to this Section 5.1(j), then CCP shall include the total amount of such expenses as a Monthly Cost on the Project Participant’s next Billing Statement. Prior to offering the Project Participant’s Entitlement Share of the Product, or the Project Participant’s Entitlement Share of any part of the Product to any third party, CCP shall first offer the Product or portion of the Product to the other Project Participants. The amount of compensation paid to the selling Project Participant shall be negotiated and agreed to between the selling Project Participant and the purchasing Project Participant or third party. Any payments for any resold Product pursuant to this Section 5.1(j) shall be transmitted directly from the purchasing Project Participant or purchasing third party to the reselling Project Participant. Any such resale to a third party shall not convey any rights or authority over the operation of the Project, and the Project Participant shall not make a representation to the third party that the resale conveys any rights or authority over the operation of the Project.
(k) Uncontrollable Forces. CCP shall not be required to provide, and CCP shall not be liable for failure to provide, the Product, Replacement RA, or other service under this Agreement when such failure, or the cessation or curtailment of, or interference with, the service is caused by Uncontrollable Forces or by the failure of the Project Developer, or its successors or assigns, to obtain any required governmental permits, licenses, or approvals to acquire, administer, or operate the Project; provided, however, that the Project Participants shall not thereby be relieved of their obligations to make payments under this Agreement except to the extent CCP is so relieved pursuant to the PPA, and provided further that CCP shall pursue all applicable remedies against the Project Developer under the PPA and distribute any remedies obtained pursuant to Section 5.1(h).
(l) Insurance. Within one hundred and eighty days (180) of the Effective Date of this Agreement, CCP shall secure and maintain, during the Term, insurance coverage as follows:
(i) Commercial General Liability. CCP shall maintain, or cause to be maintained, commercial general liability insurance, including products and completed operations and personal injury insurance, in a minimum amount of One Million Dollars ($1,000,000) per occurrence, and an annual aggregate of not less than Two Million Dollars ($2,000,000), endorsed to provide contractual liability in said amount, specifically covering CCP’s obligations under this Agreement and including each Project Participant as an additional insured. (ii) Employer’s Liability Insurance. CCP, if it has employees, shall maintain Employers’ Liability insurance with limits of not less than One Million Dollars ($1,000,000.00) for injury or death occurring as a result of each accident. With regard to bodily injury by disease, the One Million Dollar ($1,000,000) policy limit will apply to each employee. (iii) Workers’ Compensation Insurance. CCP, if it has employees, shall also maintain at all times during the Term workers’ compensation and employers’ liability insurance coverage in accordance with statutory amounts, with employer’s liability limits of not less than One Million Dollars ($1,000,000.00) for each accident, injury, or illness; and include a blanket waiver of subrogation.

Item 1e
Attachment 4
Exhibit A 4
(iv) Business Auto Insurance. CCP shall maintain at all times during the Term business auto insurance for bodily injury and property damage with limits of One Million Dollars ($1,000,000) per occurrence. Such insurance shall cover liability arising out of CCP’s use of all owned (if any), non-owned and hired vehicles, including trailers or semi-trailers in the performance of the Agreement and shall name each Project Participant as an additional insured and contain standard cross-liability and severability of interest provisions. (v) Public Entity Liability Insurance. CCP shall maintain public entity liability insurance, including public officials’ liability insurance, public entity reimbursement insurance, and employment practices liability insurance in an amount not less than One Million Dollars ($1,000,000) per claim, and an annual aggregate of not less than One Million Dollars ($1,000,000) and CCP shall maintain such coverage for at least two (2) years from the termination of this Agreement.
(m) Evidence of Insurance. Within ten (10) days after the deadline for securing insurance coverage specified in Section 5.1(l), and upon annual renewal thereafter, CCP shall deliver to each Project Participant certificates of insurance evidencing such coverage with insurers with ratings comparable to A-VII or higher, and that are authorized to do business in the State of California, in a form evidencing all coverages set forth above. Such certificates shall specify that each Project Participant shall be given at least thirty (30) days prior Notice by CCP in the event of cancellation or termination of coverage. Such insurance shall be primary coverage without right of contribution from any insurance of each Project Participant. Any other insurance maintained by CCP not associated with this Agreement is for the exclusive benefit of CCP and shall not in any manner inure to the benefit of Project Participants. The general liability, auto liability and worker’s compensation policies shall be endorsed with a waiver of subrogation in favor of each Project Participant for all work performed by CCP, its employees, agents and sub-contractors.

5.2(a)(xiii) shall require CCP Board approval.
(i) Dispute Resolution. The CCP Board shall review, discuss and attempt to resolve any disputes among CCP, any of the Project Participants, and the Project Developer relating to the Project, the operation and management of the Project, and CCP’s rights and interests in the Project.
(ii) PPA. The CCP Board shall have the authority to review, modify, and approve, as appropriate, all amendments, modifications, and supplements to the PPA. (iii) Capital Improvements. The CCP Board shall review, modify, and approve, if appropriate, all Capital Improvements undertaken with respect to the Project and all financing arrangements for such Capital Improvements. The CCP Board shall approve those Item 1e
Attachment 4
Exhibit A 5
budgets or other provisions for the payments associated with the Project and the financing for any development associated with the Project.
(iv) [Reserved].
(v) Budgeting. Upon the submission of a proposed Annual Budget, the CCP Board shall review, modify, and approve each Annual Budget and Amended Annual Budget in accordance with Section 5.1(c) of this Agreement.
(vi) Early Termination of PPA. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(b) of this Agreement, as to an early termination of the PPA pursuant to Section 13.3 of the PPA. (vii) Assignment by Project Developer. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(c) of this Agreement, as to any assignment by Project Developer pursuant to Section 14.7. (viii) Buyer Financing Assignment. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(d) of this Agreement, as to an assignment by CCP to a financing entity. (ix) Change of Control. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.2(e) of this Agreement, as to any Change of Control requiring CCP’s consent, as specified in Section 14.7 of the PPA.
(x) Supervening Authority of the Board. The CCP Board has complete and plenary supervening power and authority to act upon any matter which is capable of being acted upon by the CCP Manager or which is specified as being within the authority of the CCP Manager pursuant to the provisions of this Agreement.
(xi) Other Matters. The CCP Board is authorized to perform such other functions and duties, including oversight of those matters and responsibilities addressed by the CCP Manager as may be provided for under this Agreement and under the PPA, or as may otherwise be appropriate.
(xii) Periodic Audits. The CCP Board or the CCP Manager may arrange for the annual audit by certified accountants, selected by the CCP Board and experienced in electric generation or electric utility accounting, of the books and accounting records of CCP, the Project Developer to the extent authorized under the PPA, and any other counterparty under any agreement to the extent allowable, and such audit shall be completed and submitted to the CCP Board as soon as reasonably practicable after the close of the Contract Year. CCP shall promptly furnish to the Project Participant copies of all audits. No more frequently than once every calendar year, each Project Participant may, at its sole cost and expense, audit, or cause to be audited the books and cost records of CCP, and/or the Project Developer to the extent authorized under the PPA. (xiii) Compliance Expenditures. The CCP Board shall review, modify, and approve the recommendations of the CCP Manager, made pursuant to Section 6.4(f) of this Item 1e
Attachment 4
Exhibit A 6
Agreement, as to Compliance Costs as specified in Section 8.6(c) of the PPA. If the CCP Board authorizes CCP to agree to reimburse Project Developer for Accepted Compliance Costs, then such amount shall be added to the amount of Operating Costs included in the Monthly Cost calculation for the subsequent month.
(b) Pursuant to Section 5.06 of the Joint Powers Agreement, this Agreement modifies the voting rules of the CCP Board for purposes of approving or acting on any matter identified in this Agreement, as follows:
(i) Quorum. A quorum shall consist of a majority of the CCP Board members that represent Project Participants.
(ii) Voting. Each CCP Board member that represents a Project Participant shall have one vote for any matter identified in this Agreement. Any CCP Board member representing a CCP member that is not a Project Participant shall abstain from voting on any matter identified in this Agreement. A vote of the majority of the CCP Board members representing Project Participants that are in attendance shall be sufficient to constitute action, provided a quorum is established and maintained.

Item 1e
Attachment 4
Exhibit B 1

EXHIBIT B
ARTICLE 6

ROLE AND RESPONSIBILITIES OF CCP MANAGER

6.1. Role of CCP Manager. The CCP Manager shall take all actions necessary to ensure that CCP fulfills its obligations under this Agreement, including the obligations set forth in Section

5.1. The CCP Manager is authorized to take any action that CCP is authorized to take, except those actions that expressly require CCP Board approval. In addition to any duties or responsibilities set forth elsewhere in this Agreement, the CCP Manager is directed to do the following:
(a) Consult with the Project Participants with respect to the ongoing administration of the Project, including through the formation of advisory subcommittees. (b) Oversee, as appropriate, the completion of any Project design, feasibility, or planning studies or activities.
(c) Review, discuss, and attempt to resolve any disputes among the Project Participants relating to this Agreement or the PPA.
(d) Review each invoice submitted by Project Developer and request such other data necessary to support the review of such invoices.
(e) Respond to any requests for tax-related documentation by the Project Developer.
(f) Provide the Project Developer with Financial Statements as may be required by the PPA.
(g) Correspond with the Project Developer to compile and distribute to Project Participants information and/or documents required for Project Participants to submit reports to any federal, state, or local regulatory body or other authority regarding the Project in such format as required by applicable authority, and respond to any request by a Project Participant for information or documents that are reasonably available to (i) allow the Project Participant to respond to requests for such information from any federal, state, or local regulatory body or other authority; or (ii) for a Project Participant to conduct planning, budgeting, or other regulatory activities.
(h) Upon a request or demand by any third person that is not a Party to the PPA or a Project Participant, for Confidential Information as described in Section 14.21 of the PPA, the CCP Manager shall notify the Project Developer and coordinate the response of CCP and Project Participants.
(i) Review Progress Reports provided by Project Developer to CCP pursuant to Section 3.6 of the PPA and participate in any associated meetings with Project Developer to discuss construction progress. If Project Developer provides a Progress Report to CCP, the CCP Item 1e
Attachment 4
Exhibit B 2
Manager shall promptly provide such Progress Report to each Project Participant. The CCP Manager shall promptly notify the Project Participants upon receiving a Progress Report from the Project Developer that identifies a delay to the Construction Start Date or Commercial Operation Date.
(j) Take any necessary actions or implement such measures as may be necessary to facilitate the transfer of Environmental Attributes from the Project Developer to the Project Participants.
(k) Perform such other functions and duties as may be provided for under this Agreement, the PPA, or as may otherwise be appropriate or beneficial to the Project or the Project Participants, unless such action requires CCP Board approval pursuant to this Agreement. (l) Within three hundred and sixty-five (365) days of the Effective Date, adopt procedures for all Project Participants to acquire additional import capability rights or other similar rights for each Proposed Facility, and a process for directing CCP to accept or reject each Proposed Facility based on the acquisition of such import capability rights or other similar rights, as specified in Section 3.1 of the PPA.

6.3. CCP Manager Report to CCP Board on Actions relating to the PPA or the Project.

Item 1e
Attachment 4
Exhibit B 3
(a) Any recommendations made by the CCP Manager to the Project Developer on the design of the Project.
(b) [Reserved.]
(c) Any exercise CCP’s rights under the PPA upon the occurrence of a Default under Section 13.1 of the PPA.
(d) The approval of any rules, procedures, and protocols for the administration of the Project, including rules, procedures, and protocols for the management of the costs of the Project and the scheduling, handling, tagging, dispatching, and crediting of the Product, the handling and crediting of Green Attributes associated with the Project and the control and use of the Project.
(e) The approval of any rules, procedures, and protocols for the monitoring, inspection, and the exercise of due diligence activities relating to the operation of the Project. (f) The approval or other action relating to the form or content of any written statistical, administrative, or operational reports, Project-related data and technical information, Project reliability data, transmission information, forecasting, scheduling, dispatching, tagging, parking, firming, exchanging, balancing, movement, or other delivery information, and similar information and records, or matters pertaining to the Project which are furnished to the Project Participants or the CCP Manager by the the Project Developer, experts, consultants or others. (g) The approval of any practices and procedures to be followed by Project Participants for, among other things, the production, scheduling, tagging, transmission, delivery, firming, balancing, exchanging, crediting, tracking, monitoring, remarketing, sale, or disposition of the Product, including the control and use of the Project. (h) The approval of any arrangements and instruments entered into by the Project Developer or any affiliate thereof to, among other things, secure certain performance requirements, including, but not limited to, the PPA, the Development Security or the Delivery Term Security and any other letter of credit delivered to, or for the benefit of, CCP by the Project Developer and take such actions or make such recommendations as may be appropriate or desirable in connection therewith.
(i) The approval of policies or programs formulated by CCP or Project Developer for determining or estimating the values, quantities, volumes, or costs of the Product from the Project.
(j) Any recommendations made by the CCP Manager to the Project Developer as to the implementation of metering technologies and methodologies appropriate for the delivery, accounting for, transferring and crediting of the Product to the Point of Delivery (directly or through the Project).
(k) The approval or disapproval of any specifications, vendors’ proposals, bid evaluations, or any related matters with respect to the Project.

Item 1e
Attachment 4
Exhibit B 4
(l) Reserved.
(m) The approval of the submission of the written acknowledgement of the Commercial Operation Date in accordance with Section 3.5 of the PPA. (n) The approval of the return of the Project Development Security to Project Developer in accordance with Section 5.9(c) of the PPA. (o) The approval of the return of any unused Delivery Term Security to Project Developer in accordance with Section 5.9(d) of the PPA. (p) The collection of any liquidated damages owed by Project Developer to CCP under the PPA, or any draw upon the Project Development Security or Delivery Term Security.
(q) Any dispute by CCP of invoices pursuant to Section 11.3 of the PPA. (r) Any direction to the Project Developer to change the Negative LMP Strike Price in pursuant to Appendix A of the PPA.
(s) Any direction to take such actions or implement such measures as may be necessary to facilitate the transfer of Green Attributes from the Project Developer to the Project Participants.
(t) Any direction to the Project Developer to purchase Energy in excess of Maximum Generation pursuant to Section 3.10 of the PPA
(u) Any demand of payment and collection of damages pursuant to Section 3.11 of the PPA.
(v) Any direction to withhold funds from Project Developer pursuant to Section 6.1(c) of the PPA.
(w) Any direction to designate an authorized representative pursuant to Section

14.1 of the PPA.
(x) Any direction to either accept or reject the Notice of Revised Net Capacity, as specified in Section 3.9 and 6.1 of the PPA.

6.5. Project Participant Expenses. Any expenses incurred by any representative of any Project Participant or group of Project Participants serving on any subcommittee in connection Item 1e
Attachment 4
Exhibit B 5
with their duties on such subcommittee shall be the responsibility of the Project Participant which they represent and shall not be an expense payable under this Agreement.

6.6. Delegation. To secure the effective cooperation and interchange of information in a timely manner in connection with various administrative, technical, and other matters which may arise from time to time in connection with administration of the PPA, in appropriate cases, duties and responsibilities of the CCP Board, as the case may be under this Section 6, may be delegated to the CCP Manager by the CCP Board upon notice to the Project Participants.

Item 1e
Attachment 4
Exhibit C 1

EXHIBIT C
ARTICLE 8

OPERATING ACCOUNT

8.1. Calculation of Estimated Monthly Project Cost.
(a) No later than one hundred and eighty (180) days after the Effective Date, the CCP Manager shall present to the Project Participants a proposed Estimated Monthly Project Cost, which shall be equal to the single highest forecasted Monthly Cost over the first Contract Year. The Project Participants shall review, and, if appropriate, recommend approval of or modification to the proposed Estimated Monthly Project Cost.

8.2. Operating Account. CCP shall establish an Operating Account for each Project Participant that is accessible to and can be drawn upon by both CCP and the applicable Project Participant. Such Operating Accounts are for the purpose of providing a reliable source of funds for the payment obligations of the Project and, taking into account the variability of costs associated with the Project for the purpose of providing a reliable payment mechanism to address the ongoing costs associated with the Project.
(a) Operating Account Amount. The Operating Account Amount for each Project Participant shall be an amount equal to the Estimated Monthly Project Cost multiplied by three (3), the product of which is multiplied by such Project Participant’s Entitlement Share (“Operating Account Amount”).
(b) Initial Funding of Operating Account. By no later than sixty (60) days after CCP’s notification to Project Participants of Buyer’s Notice that a Proposed Facility shall be an Included Facility pursuant to Section 3.1 of the PPA, each Project Participant shall deposit into such Project Participant’s Operating Account an amount equal to that Project Participant’s Operating Account Amount.
(c) Use of Operating Account. CCP shall draw upon each Project Participant’s Operating Account each month in an amount equal to the Monthly Costs multiplied by such Project Participant’s Entitlement Share. As required by Section 9.5, each Project Participant must deposit sufficient funds into such Project Participant’s Operating Account by the deadline specified in Section 9.5.
(d) Final Distribution of Operating Account. Following the expiration or earlier termination of the PPA, and upon payment and satisfaction of any and all liabilities and obligations to make payments of the Project Participants under this Agreement and upon satisfaction of all remaining costs and obligations of CCP under the PPA, any amounts then remaining in any Project Participant’s Operating Account shall be paid to the associated Project Participant.

Item 1e
Attachment 4

Page 1 of 1 ends

Staff Report – Item 1f
Item 1f: Receive Q4 2022 Decarbonization Programs Update From: Girish Balachandran, CEO
Prepared by: Justin Zagunis, Director of Decarbonization Programs and Policy Nupur Hiremath, Manager of Community Programs
Date: 1/11/2023

RECOMMENDATION
Staff recommends the Board accept the Q4 2022 Update of the Decarbonization Strategy & Programs Roadmap.

BACKGROUND
To achieve its mission to reduce dependence on fossil fuels by providing carbon-free, affordable and reliable electricity and innovative programs for the community, SVCE established a decarbonization strategy and programs roadmap (abbv. “Roadmap”). In December 2018, the Board approved the Roadmap, and since that time, staff have been working on implementation.

ANALYSIS & DISCUSSION
Attachment 1 is the most recent quarterly update, covering October through December 2022. The quarterly update includes a table with a summary of updates and next steps for each initiative.

STRATEGIC PLAN
This item supports SVCE’s 2022-2023 Strategic Plan Goal 10, to “coordinate development of decarbonization and resilience strategy, lead design of local policy, and design and deploy programs,” to support achieving energy and transportation GHG reductions of 30% from the 2015 baseline by 2021, 40% by 2025, and 50% by 2030.

FISCAL IMPACT
Accepting the Q4 2022 Update of the Decarbonization Strategy & Programs Roadmap has no fiscal impact.

ATTACHMENTS

1. Decarbonization Strategy & Programs Roadmap – Q4 2022 Update Item 1f
/ A"\ SILICON VALLEY
~CLEAN ENERGY
Decarbonization Strategy & Programs Roadmap
Q4 2022 Update
January 11, 2023 BOD Meeting
Sector Program Q4 2022 Activities Q1 2023 Outlook Power Supply C&I Clean Power Offerings
Develop, market and sell
additional SVCE power
offerings to address large C&I
customers seeking to buy clean
power at competitive rates
• Took steps with PG&E and Calpine to prepare for
launch of 24x7 carbon-free product for large
commercial customer.
• Prepared billing, index tracking, and CFE tracking for launch Jan 1 2023
• Offered formal EcoInvest contract to large commercial customer.
• Added efficiency projects to list of applicable EcoInvest projects.
• Launch 24x7 carbon-free product
• Operationalize billing and CFE tracking
relative to performance of 24/7 product.
• Close EcoInvest contract with large
corporate customer.
• Prospect for additional clean power
offerings candidates.

Built Environment
Reach Codes
Provide model energy code
supportive of all-electric design
and EV infrastructure to
member agencies along with
consultant support
• Supported 13 member jurisdictions to bring their
electrification reach codes to council for votes.
• Will support member jurisdiction through
final CEC approvals and implementation
plans.

Electric Showcase Grants.v2
Showcase electric retrofit
buildings in preparation for
existing building policy
conversations with member
agencies.
• Developed application materials and designed program. • Applications to open in early 2023.

FutureFit Heat Pump Water
Heaters
Provide incentives for electric
heat pump water heaters and
service panel upgrades to
residents using natural gas
currently
• 254 completed projects in HPWH 2.0 as of 12/19
• Began the process of sunsetting program, as HPWH is
included in larger FutureFit Homes offering.
• Halted public facing communications about program in
favor of FFH, concentration on closing out existing
projects.
• Close HPWH program by March 31 in
favor of FFH.
• Straggling customers permitted to
complete projects under existing
incentive structure.

Item 1f
Attachment 1
1 Permit Modernization Effort
Benchmark and streamline
member agency’s permitting
and inspection processes to
identify barriers and
opportunities to electrification
• Continued to educate Building Officials on legislative trends and pending requirements.
• Administered contract with lead consultant to refresh baseline and develop report on assistance desired by
jurisdictions.
• Finalize jurisdiction interviews.
• Identify prioritized menu of assistance
programs desired by jurisdictions.
• Continue to inform Building Officials
about legislative and regulatory
requirements.
• Support jurisdictions in applying for State
grants.

Building Decarb Joint Action
Plan
Develop a joint action plan with
member agencies to prioritize
strategies and programs to
advance building
decarbonization
• [Completed] • [Completed]
Community Resilience
Program
Increase the individual and
collective capacity of SVCE and
our member agencies to
reduce the adverse impacts of
power outages.
• Held final 1-on-1 tutorials with member agencies and
consultants, AESC.
• Continue to provide technical support to member
agencies to identify potential capex projects.
• Publish Resilience Framework.
• Continue to execute member agency
capex and planning grants on a rolling
basis.
•
FutureFit Fundamentals
Provide financial relief to
contractors by expanding their
knowledge of electrification
technologies
• 83 contractors have completed the course to date
• Distributing dual English and Spanish postcards to
expand multi-language outreach.
• Conducting mid-program survey to inform contractor
network efforts.
• Create a participation loop for
contractors and SVCE rebate programs
• Review responses from mid-program
survey to help map out 2023 contractor
engagement goals.

CRCR Bill Relief
Provide immediate bill relief to
residential CARE/FERA
customers, and to qualifying
small business customers
• Concluded providing $2.85M in direct bill credits to
~28k low-income customers
• Credits delivered in 8 x $12.50 monthly increments
• Begin process to roll out 2023 low-income credits
FutureFit Homes & Buildings
Provide comprehensive
assistance to SVCE customers
in navigating and accessing the
many existing and forthcoming,
non-SVCE led energy programs
providing financial assistance
for building decarbonization
and energy efficiency.
• Launched expanded suite of building electrification
rebates, including HPWH, HP HVAC, pre-wiring, panel
upgrades and gas meter removal.
• Approximately 40 active reservations resulting from
targeted outreach to pool of 400-500 customers.
• Expand FFHB eligibility to include small
MF. Prepare materials to help customers
take advantage of IRA & TECH incentives.
• Ramp up M&O activities, including social
media toolkits, newsletters, etc.
• Translate program materials into
multiple languages and begin more
targeted engagement.

Item 1f
Attachment 1
2 Regional Coordination
SVCE will initiate regular
regional stakeholder
convenings to coordinate
program alignment across
building decarbonization
workstreams.
• Held workshop for elected officials across SVCE and PCE territory on reach codes.
• Held SVTEC meeting focused on funding and grant
coordination.
• Will launch building electrification policy
working groups.

Accessible Financing
Assess feasibility of financing
mechanisms to unlock
equitable financing for energy
efficiency and electrification
across the region, particularly
for low-income communities.
• Supporting program operator RFP and selection process with TECH TOB team.
• Continuing to wait on CPUC decision in Clean Energy
Finance proceeding. Hosted ex parte with Commission
in Oct.
• Continue pilot planning with newly
selected program operator and identify
billing system needs for tariff charges
• CPUC CEF proposed decision expected in
Jan/Feb.

Local Policy to Decarbonize
Existing Buildings
Assess and support potential
policy levers Member Agencies
can explore to mitigate
emissions from existing
buildings.
• Hired consultant to design program and interview
stakeholders.
• Launch program offerings to member
agencies.

Feasibility Assessment for
Natural Gas Phase Out By 2045
Carry out a feasibility
assessment to identify
technical, legal and economic
barriers and opportunities for
phasing out natural gas service
by 2045, in the SVCE service
territory.
• Hired TRC to map out building characterization study to support future scope of study.
• Conduct internal needs assessment to
determine what analysis is needed by
when.
• Assess potential for local policies to
contribute to carbon reduction in
buildings.

Mobility
EV Infrastructure Strategy &
Plan
Develop a near- to mid-term
strategy for EV infrastructure
and a set of program
implementation plans
• (COMPLETED) • (COMPLETED)
California Electric Vehicle
Infrastructure Project
(CALeVIP)
Work with California Energy
Commission to launch a
regional CALeVIP project
• Continued to review current Year 2 applications.

Significant progress made in moving applications from
funds reserved status to funds issued following
installations. 10 DCFC and 147 L2 connectors are
operational to date.
• Determine how to spend Year 2 and Year
3 funds in SVCE territory.
• Continue to work with program operator
on completing existing projects with
reserved funds.

Item 1f
Attachment 1
3 Priority Zone DCFC
Competitive application to
receive an additional incentive
(on top of CALeVIP) for DCFC in
“priority zones” that support
nearby SVCE-designated
multifamily housing clusters
• Application window closed on November 15.
• Reviewed and scored submitted applications.
• Announce selected sites and sign
participation agreements.
• Begin DCFC installation process for
selected sites.

MUD & S/M Workplace
Technical Assistance (FutureFit
Assist)
Technical assistance and help
applying for pertinent CALeVIP
rebates for charging at
multifamily housing and small
and medium workplace
properties
• Targeted 1,004 customers for technical assistance and completed 32 site assessments since launch.
• Continued outreach to additional properties to inform them of the new EVI installation incentive program.
• Enrolled 4 new MUD properties in program.
• Conduct ongoing outreach.
• Continue to develop site assessments for
participating properties.
• Continue to connect customers to
relevant rebates and incentive
opportunities.

MUD Charging Incentives
Develop incentive program for
EV charging at hard-to-reach
multifamily properties
• Continued outreach to interested MUD properties to
inform them of new incentive opportunities. Since
launch, 10 MUD properties have enrolled in FutureFit
Assist, 5 more have scheduled site visits, and at least 6 properties are preparing applications.
• Second rebate application received and approved for
22 EV charging connectors at an MUD property.
• Adjusted participation terms to expand eligibility to MUD properties beyond FutureFit Assist participants.
• Continue outreach to eligible MUD
properties.
• Track progress of applications.
• Adjust program terms as needed.

Fleet Electrification Grants
Competitive application for
SVCE’s fleet electrification
planning support and funding
for site upgrades. Targeting a
broad set of fleet types, to
create widely applicable fleet
electrification planning
templates
• Signed contract with consultant, Optony.
• Conducted outreach to member agencies for public
fleet electrification.
• Built pipeline of projects for project onramp.
• Continue research and development of
case studies.
• Continue to identify private fleets for
program.
• Program launch and begin work with
identified public fleets.

Silicon Valley Transportation
Electrification Clearinghouse
(SVTEC)
Regional group of key
stakeholders focused on
information sharing, solving
critical issues and attracting
external funding to the SVCE
• Held meeting with 30 participants from more than 10
organizations focused on funding opportunities.
• Presentation by DOE’s Office of State and Community
Energy Programs.
• Hire grant consultant to support grant
writing for multi-jurisdiction
partnerships.

Item 1f
Attachment 1
4 community in support of EV
infrastructure deployment.

Energy Efficiency &
Grid Integration
GridShift: EV Charging
Managed EV charging app that
optimizes charging to reduce
associated costs and emissions.

In-app “events” support
additional emission reductions
and load flexibility
• Concluded Critical GridShift Hours season.
• Re-launched low carbon events season.
• Continue marketing efforts to boost enrollment.
• Launch charger rebate.
• Set enrollment targets for 2023.
• Continue marketing efforts.

Other Virtual Power Plant
Programs
Support “virtual power plants”
made up of cloud-based
aggregations of customer-sited
resources to support grid
integration and monetize value
from connected, controllable
loads
• Continued Sunrun program support, and tracking
program participation and installs.
• Continued to work on identifying priorities and needs for further VPP program(s) and/or a local DER
marketplace. Various internal meetings across teams to
get input.
• Worked with 4PRO on issuing a VPP RFO.
• Make VPP RFO selections with 4PRO.
• Move Sunrun program into dispatch
mode.
• Determine next steps for 2023 actions
and work on SVCE’s vision for the “grid of
the future.”
Education & Outreach
Customer Resource Center
(eHub)
Develop online customer
resource center to enable
engagement, education and
action related to clean
electricity, EVs and home
electrification.
• 178,409 Unique eHub Engagements since launching in
September 2020 to November 2022.
• eHub Metrics November 1 – November 30, 2022:
- 936 unique visits to the SVCE eHub webpages
- 167 unique visits to the EV Assistant tool
- 1,041 unique visits to the Solar+Battery
Assistant tool
- 1,778 unique visits to the Appliances Assistant
tool
• Ended Summer Resiliency promotion (7/14/2022 -
10/31/2022) where customers received a $50 rebate on
portable batteries, evaporation coolers and air purifiers through the Appliance Assistant. 300 customers
claimed a rebate.
• Delivered email campaigns:
- Celebrating energy awareness month by
exploring eHub (October)
- Promoting the Solar+Battery Assistant tool and
informing customers about the solar tax credit
(Nov)
• Launched ‘Go Electric’ Holiday sweepstakes on
12/19/2022 - 1/18/2023.
• Continue running the ‘Go Electric’
Holiday Sweepstakes until 1/18/2023.
• Continue tracking eHub engagement
metrics.
• Launching Used EV tool on the EV
Assistant tool in January.
• Working on HPWH concierge service on
the Solar+Battery Assistant tool.
• Planning on launching a Yard Care
promotion in February where customers
receive a $50 rebate on electric leaf
blowers and lawn mowers through the
Appliance Assistant.
• Continue sending monthly emails to
customers to educate them on the
resources available on eHub
- ‘Go Electric’ Holiday Sweepstakes
- Used EV tool on the EV Assistant
- Yard Care Promotion
Note: Engagements are driven largely by
marketing campaigns delivered within the
quarter. Distribution of metrics will vary.

Item 1f
Attachment 1
5 Community Engagement
Grants
Partner with local organizations
in hard-to-reach customer
segments to promote SVCE
offerings and programs
• Continued discussions around the use of this program
to advance Programs Equity Framework goals.
• Identity next steps for program
implementation.

Portable Batteries for Medical
Baseline Customers
Pilot program to deploy ~50
portable batteries to qualified
customers who rely on power
for medical equipment
• Sent out 2 emails to qualified customers letting them know they can receive a free battery.
• 4 batteries have been delivered.
• Sending out a hard copy mailer to the same customers. • We will likely be delivering more
batteries during this time frame due to
mailer.
• If participation is still low, we will plan to
open it up to a larger audience.

Innovation
Innovation Partners
Engage with key strategic
partners to participate in the
local innovation ecosystem and
provide a voice for SVCE
customers and the decarb
mission
• No activities for Q4. • No planned activities for Q1.

Innovation Onramp
Provide small grants to support
innovation through pilot
projects with external partners
• Wrapping up final I/O pilot with NeoCharge. • No planned activities for Q1.

Item 1f
Attachment 1
6

Page 1 of 1 ends

Staff Report – Item 1g
Item 1g: Receive SVCE Rate Schedules Effective January 1, 2023 From: Girish Balachandran, CEO
Prepared by: Adam Selvin, Director of Account Services and Community Relations Peter Mustacich, Energy Services Lead
Peyton Parks, Energy Services Lead
Date: 1/11/2023

RECOMMENDATION
Receive staff report and rate tables for new SVCE rates effective January 1, 2023 at a 4% discount to PG&E, established per the discount approved by the Board on December 14, 2022 by the adoption of Resolution 2022-39, Resolution to Increase SVCE’s Generation Rate Discount, and Dedicate Funding for an Electrification Discount Rate and Multifamily Direct-Install Program.

BACKGROUND
At the December 14, 2022 Board meeting, the Board directed staff to apply an across-the-board 4% discount to PG&E generation rates when calculating new SVCE rates beginning January 1, 2023. At the same meeting, the Board also directed staff to adopt the E-ELEC rate mirroring PG&E’s new residential customer rate.

ANALYSIS & DISCUSSION
PG&E published new generation and PCIA rates on December 31, 2022, which became effective as of January 1, 2023. SVCE rate schedules and associated billing determinants have been updated as referenced in the Attachments, and reflect a 4% discount to PG&E’s comparable generation rates. The rates are currently loaded into the billing system and became effective on January 1, 2023.

STRATEGIC PLAN
Rate setting is directly supported by SVCE Strategic Plan Goal 8 – “Enact and maintain competitive service offerings for SVCE customers that deliver measurable economic and environmental benefits”.

FISCAL IMPACT
As noted in the December 14, 2022 Board presentation on rates, the latest generation and PCIA rates included in PG&E’s November filing indicated the projected net contribution to reserves was anticipated to exceed the original budgeted projections, with an additional $30M available for expenditure. The additional amount available for expenditure was computed using the methodology discussed in adopting the FY 2023 budget that ensure that under stress test scenarios modeled SVCE’s reserves do not fall below 120 days of cash on hand.

During the December 14, 2022 Board of Directors meeting, the Board voted to allocate $19M to customer-focused electrification programs and $11M to increase the overall SVCE generation rate discount from budgeted 2% to 4% across all rate classes.

ATTACHMENT

1. SVCE Residential Rate Schedule effective January 1, 2023

2. SVCE Non-Residential Rate Schedule effective January 1, 2023 Item 1g
IA'\ SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy
Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-1 Year-round $ 0.14589 $ 0.14989 $ 0.15614 Rates applicable to all usage throughout the year E-6 Summer (Jun-Sep)
SUMMER PEAK $ 0.26997 $ 0.27397 $ 0.28539 3:00 p.m. to 8:00 p.m. Monday through Friday SUMMER PART-PEAK $ 0.19036 $ 0.19436 $ 0.20246 12:00 p.m. to 3:00 p.m. AND 8:00 p.m. to 10:00 p.m. Monday through Friday, 5:00 p.m. to 8:00 p.m. Saturday and Sunday
SUMMER OFF-PEAK $ 0.12299 $ 0.12699 $ 0.13228 All other times including Holidays Winter (Oct-May)
WINTER PART-PEAK $ 0.15453 $ 0.15853 $ 0.16514 5:00 p.m. to 8:00 p.m. Monday through Friday WINTER OFF-PEAK $ 0.12209 $ 0.12609 $ 0.13134 All other times including Holidays EV-A, EV-B Summer (May-Oct)
SUMMER PEAK $ 0.29680 $ 0.30080 $ 0.31333 2:00 p.m. to 9:00 p.m. Monday through Friday, 3:00 p.m. to 7:00 p.m. Saturday, Sunday and Holidays
SUMMER PART-PEAK $ 0.15907 $ 0.16307 $ 0.16986 7:00 a.m. to 2:00 p.m. and 9:00 p.m. to 11:00 p.m. Monday through Friday, except holidays
SUMMER OFF-PEAK $ 0.11454 $ 0.11854 $ 0.12348 All other hours Winter (Nov-Apr)
WINTER PEAK $ 0.11011 $ 0.11411 $ 0.11886 2:00 p.m. to 9:00 p.m. Monday through Friday. 3:00 p.m. to 7:00 p.m. Saturday, Sunday and Holidays
WINTER PART-PEAK $ 0.08625 $ 0.09025 $ 0.09401 7:00 a.m. to 2:00 p.m. and 9:00 p.m. to 11:00 p.m. Monday through Friday, except holidays
WINTER OFF-PEAK $ 0.08625 $ 0.09025 $ 0.09401 All other hours Item 1g
Attachment 1
1 rA'\ s1ucoN vALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy
Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
EV-2A Summer (Jun-Sep)
SUMMER PEAK $ 0.20657 $ 0.21057 $ 0.21934 4:00 p.m. to 9:00 p.m. every day including weekends and holidays SUMMER PART-PEAK $ 0.16364 $ 0.16764 $ 0.17463 3:00 p.m. to 4:00 p.m. and 9:00 p.m. to 12:00 a.m. every day including weekends and holidays
SUMMER OFF-PEAK $ 0.12415 $ 0.12815 $ 0.13349 All other hours Winter (Oct-May)
WINTER PEAK $ 0.15197 $ 0.15597 $ 0.16247 4:00 p.m. to 9:00 p.m. every day including weekends and holidays WINTER PART-PEAK $ 0.13998 $ 0.14398 $ 0.14998 3:00 p.m. to 4:00 p.m. and 9:00 p.m. to 12:00 a.m. every day including weekends and holidays
WINTER OFF-PEAK $ 0.11744 $ 0.12144 $ 0.12650 All other hours E-ELEC Summer (Jun-Sep)
SUMMER PEAK $ 0.26126 $ 0.26526 $ 0.29473 4:00 p.m. to 9:00 p.m. every day including weekends and holidays SUMMER PART-PEAK $ 0.17206 $ 0.17606 $ 0.19562 3:00 p.m. to 4:00 p.m. and 9:00 p.m. to 12:00 a.m. every day including weekends and holidays
SUMMER OFF-PEAK $ 0.13147 $ 0.13547 $ 0.15052 All other hours Winter (Oct-May)
WINTER PEAK $ 0.11534 $ 0.11934 $ 0.13260 4:00 p.m. to 9:00 p.m. every day including weekends and holidays WINTER PART-PEAK $ 0.09737 $ 0.10137 $ 0.11263 3:00 p.m. to 4:00 p.m. and 9:00 p.m. to 12:00 a.m. every day including weekends and holidays
WINTER OFF-PEAK $ 0.08535 $ 0.08935 $ 0.09928 All other hours Item 1g
Attachment 1
2 f ~'\ SILICON VALLEY \!, CLEAN ENERGY
Silicon Valley Clean Energy
Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-TOU-B Summer (Jun-Sep)
SUMMER PEAK $ 0.25800 $ 0.26200 $ 0.27292 4:00 p.m. to 9:00 p.m. Monday through Friday SUMMER OFF-PEAK $ 0.13987 $ 0.14387 $ 0.14986 All other times including Holidays Winter (Oct-May)
WINTER PEAK $ 0.15624 $ 0.16024 $ 0.16692 4:00 p.m. to 9:00 p.m. Monday through Friday WINTER OFF-PEAK $ 0.11900 $ 0.12300 $ 0.12812 All other times including Holidays E-TOU-C Summer (Jun-Sep)
SUMMER PEAK $ 0.19216 $ 0.19616 $ 0.20433 4:00 p.m. to 9:00 p.m. everyday SUMMER OFF-PEAK $ 0.14085 $ 0.14485 $ 0.15089 All other times Winter (Oct-May)
WINTER PEAK $ 0.14535 $ 0.14935 $ 0.15557 4:00 p.m. to 9:00 p.m. everyday WINTER OFF-PEAK $ 0.13092 $ 0.13492 $ 0.14054 All other times Item 1g
Attachment 1
3 /'A'\ SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy
Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-TOU-D Summer (Jun-Sep)
SUMMER PEAK $ 0.22141 $ 0.22541 $ 0.23480 5:00 p.m. to 8:00 p.m. Monday - Friday SUMMER OFF-PEAK $ 0.12065 $ 0.12465 $ 0.12984 All other times including Holidays Winter (Oct-May)
WINTER PEAK $ 0.18217 $ 0.18617 $ 0.19393 5:00 p.m. to 8:00 p.m. Monday - Friday WINTER OFF-PEAK $ 0.14850 $ 0.15250 $ 0.15885 All other times including Holidays GreenPrime + $ 0.00800 Same as applicable rate, with $0.008/kWh adder for 100% Renewable energy 1 SVCE Generation Rates, without added PG&E fees, effective 1/1/2023 2 SVCE Generation Service reflects our price for Generation, with added PG&E fees (PCIA and Franchise Fees), effective 1/1/2023 3 PG&E Generation service rate effective 1/1/2023
Item 1g
Attachment 1
4 rA'\ s1ucoN vALLEY
\:!JCLEAN ENERGY
Silicon Valley Clean Energy Small Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
A-1-A Summer (May-Oct) $ 0.15726 $ 0.16109 $ 0.16780 Rates applicable to all usage throughout the season Winter (Nov-Apr) $ 0.11873 $ 0.12256 $ 0.12767 Rates applicable to all usage throughout the season A-1-B Summer (May-Oct)
PEAK $ 0.16003 $ 0.16386 $ 0.17069 12 Noon to 6 P.M. Monday through Friday (except holidays) PART-PEAK $ 0.16003 $ 0.16386 $ 0.17069 8:30 A.M. to 12 Noon and 6 P.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.13631 $ 0.14014 $ 0.14598 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays Winter (Nov-Apr)
PART-PEAK $ 0.13051 $ 0.13434 $ 0.13994 8:30 A.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.12996 $ 0.13379 $ 0.13936 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays B-1 Summer (Jun-Sep)
PEAK $ 0.19920 $ 0.20303 $ 0.21149 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.15194 $ 0.15577 $ 0.16226 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13197 $ 0.13580 $ 0.14146 All other hours
Winter (Oct-May)
PEAK $ 0.14616 $ 0.14999 $ 0.15624 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13069 $ 0.13452 $ 0.14013 All other hours
SUPER OFF-PEAK $ 0.11493 $ 0.11876 $ 0.12371 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Quick Access to Rates
Small Commercial
Medium Commercial
Commercial EV
Large Commercial
Agriculture
Stand By
Lighting
Item 1g
Attachment 2
1 Silicon Valley Clean Energy Small Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
A-6 Summer (May-Oct)
PEAK $ 0.17151 $ 0.17534 $ 0.18265 12 Noon to 6 P.M. Monday through Friday (except holidays) PART-PEAK $ 0.17151 $ 0.17534 $ 0.18265 8:30 A.M. to 12 Noon and 6 P.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.13911 $ 0.14294 $ 0.14890 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays Winter (Nov-Apr)
PART-PEAK $ 0.13011 $ 0.13394 $ 0.13952 8:30 A.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.12943 $ 0.13326 $ 0.13881 9:30 P.M. to 8:30 A.M. Monday through Friday and all day Saturday and Sunday, holidays B-6 Summer (Jun-Sep)
PEAK $ 0.28733 $ 0.29116 $ 0.30329 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.12420 $ 0.12803 $ 0.13336 All other hours
Winter (Oct-May)
PEAK $ 0.15253 $ 0.15636 $ 0.16287 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.11456 $ 0.11839 $ 0.12332 All other hours
SUPER OFF-PEAK $ 0.07992 $ 0.08375 $ 0.08724 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
2 rA, s1L1coN vALLEY
\!,CLEAN ENERGY
Silicon Valley Clean Energy Medium Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
A-10-A Summer (May-Oct) $ 0.15722 $ 0.16126 $ 0.16798 Rates applicable to all usage throughout the season SUMMER MAX (kW) $ - $ - $ -
Winter (Nov-Apr) $ 0.13633 $ 0.14037 $ 0.14622 Rates applicable to all usage throughout the season A-10-B Summer (May-Oct)
PEAK $ 0.17011 $ 0.17415 $ 0.18141 12 Noon to 6 P.M. Monday through Friday (except holidays) PART-PEAK $ 0.17011 $ 0.17415 $ 0.18141 8:30 A.M. to 12 Noon and 6 P.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.14440 $ 0.14844 $ 0.15463 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays SUMMER MAX (kW) $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.13688 $ 0.14092 $ 0.14679 8:30 A.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.13620 $ 0.14024 $ 0.14608 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays A-10-B-P Summer (May-Oct)
PEAK $ 0.15520 $ 0.15924 $ 0.16587 12 Noon to 6 P.M. Monday through Friday (except holidays) PART-PEAK $ 0.15520 $ 0.15924 $ 0.16587 8:30 A.M. to 12 Noon and 6 P.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.13089 $ 0.13493 $ 0.14055 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays SUMMER MAX (kW) $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.12376 $ 0.12780 $ 0.13313 8:30 A.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.12312 $ 0.12716 $ 0.13246 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays Item 1g
Attachment 2
3 rA, s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Medium Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
A-10-B-T Summer (May-Oct)
PEAK $ 0.13593 $ 0.13997 $ 0.14580 12 Noon to 6 P.M. Monday through Friday (except holidays) PART-PEAK $ 0.13593 $ 0.13997 $ 0.14580 8:30 A.M. to 12 Noon and 6 P.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.11226 $ 0.11630 $ 0.12115 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays SUMMER MAX (kW) $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.10531 $ 0.10935 $ 0.11391 8:30 A.M. to 9:30 P.M. Monday through Friday (except holidays) OFF-PEAK $ 0.10468 $ 0.10872 $ 0.11325 9:30 P.M. to 8:30 A.M. Monday through Friday, all day Saturday and Sunday, holidays B-10-S Summer (Jun-Sep)
PEAK $ 0.22430 $ 0.22834 $ 0.23785 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.16507 $ 0.16911 $ 0.17616 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13381 $ 0.13785 $ 0.14359 All other hours
Winter (Oct-May)
PEAK $ 0.16857 $ 0.17261 $ 0.17980 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13451 $ 0.13855 $ 0.14432 All other hours
SUPER OFF-PEAK $ 0.09962 $ 0.10366 $ 0.10798 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
4 rA'\ s1L1coN vALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Medium Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-10-P Summer (Jun-Sep)
PEAK $ 0.20758 $ 0.21162 $ 0.22044 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.15160 $ 0.15564 $ 0.16213 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.12201 $ 0.12605 $ 0.13130 All other hours
Winter (Oct-May)
PEAK $ 0.15513 $ 0.15917 $ 0.16580 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.12284 $ 0.12688 $ 0.13217 All other hours
SUPER OFF-PEAK $ 0.08796 $ 0.09200 $ 0.09583 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only B-10-T Summer (Jun-Sep)
PEAK $ 0.18655 $ 0.19059 $ 0.19853 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.13208 $ 0.13612 $ 0.14179 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10321 $ 0.10725 $ 0.11172 All other hours
Winter (Oct-May)
PEAK $ 0.13562 $ 0.13966 $ 0.14548 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10410 $ 0.10814 $ 0.11265 All other hours
SUPER OFF-PEAK $ 0.06922 $ 0.07326 $ 0.07631 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
5 rA, s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Medium Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
BEV1 Summer/Winter
PEAK $ 0.28178 $ 0.28524 $ 0.29712 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10652 $ 0.10998 $ 0.11456 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 9:00 a.m.; Every day, including weekends and holidays SUPER OFF-PEAK $ 0.08214 $ 0.08560 $ 0.08917 All other hours; Every day, including weekends and holidays BEV2S Summer/Winter
PEAK $ 0.29981 $ 0.30361 $ 0.31626 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10458 $ 0.10838 $ 0.11290 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 9:00 a.m.; Every day, including weekends and holidays SUPER OFF-PEAK $ 0.08020 $ 0.08400 $ 0.08750 All other hours; Every day, including weekends and holidays BEV2P Summer/Winter
PEAK $ 0.28984 $ 0.29364 $ 0.30588 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10170 $ 0.10550 $ 0.10990 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 9:00 a.m.; Every day, including weekends and holidays SUPER OFF-PEAK $ 0.07847 $ 0.08227 $ 0.08570 All other hours; Every day, including weekends and holidays Item 1g
Attachment 2
6 rA'\ s1L1coN vALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-19-S Summer (May-Oct)
PEAK $ 0.10882 $ 0.11262 $ 0.11731 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.10882 $ 0.11262 $ 0.11731 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.10309 $ 0.10689 $ 0.11134 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 13.27 $ 13.27 $ 13.82
PART-PEAK (kW) $ 13.27 $ 13.27 $ 13.82
Winter (Nov-Apr)
PART-PEAK $ 0.10060 $ 0.10440 $ 0.10875 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09992 $ 0.10372 $ 0.10804 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-19-P Summer (May-Oct)
PEAK $ 0.09696 $ 0.10076 $ 0.10496 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.09696 $ 0.10076 $ 0.10496 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09147 $ 0.09527 $ 0.09924 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 11.66 $ 11.66 $ 12.15
PART-PEAK (kW) $ 11.66 $ 11.66 $ 12.15
Winter (Nov-Apr)
PART-PEAK $ 0.08910 $ 0.09290 $ 0.09677 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.08846 $ 0.09226 $ 0.09610 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
7 rA, s1L1coN vALLEY
\!,CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-19-T Summer (May-Oct)
PEAK $ 0.08685 $ 0.09065 $ 0.09443 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.08685 $ 0.09065 $ 0.09443 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.08142 $ 0.08522 $ 0.08877 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 12.89 $ 12.89 $ 13.43
PART-PEAK (kW) $ 12.89 $ 12.89 $ 13.43
Winter (Nov-Apr)
PART-PEAK $ 0.07909 $ 0.08289 $ 0.08634 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.07845 $ 0.08225 $ 0.08568 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-19-R-S Summer (May-Oct)
PEAK $ 0.16642 $ 0.17022 $ 0.17731 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.16642 $ 0.17022 $ 0.17731 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.13459 $ 0.13839 $ 0.14416 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.13211 $ 0.13591 $ 0.14157 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.13143 $ 0.13523 $ 0.14086 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
8 rA, s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-19-R-P Summer (May-Oct)
PEAK $ 0.14756 $ 0.15136 $ 0.15767 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.14756 $ 0.15136 $ 0.15767 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11939 $ 0.12319 $ 0.12832 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.11702 $ 0.12082 $ 0.12585 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11637 $ 0.12017 $ 0.12518 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-19-R-T Summer (May-Oct)
PEAK $ 0.13945 $ 0.14325 $ 0.14922 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.13945 $ 0.14325 $ 0.14922 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11482 $ 0.11862 $ 0.12356 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.11248 $ 0.11628 $ 0.12113 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11185 $ 0.11565 $ 0.12047 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
9 rA'\ s1L1coN vALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-19-S Summer (Jun-Sep)
PEAK $ 0.17109 $ 0.17489 $ 0.18218 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.13036 $ 0.13416 $ 0.13975 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10155 $ 0.10535 $ 0.10974 All other hours
PEAK $ 20.48 $ 20.48 $ 21.33
PART-PEAK (kW) $ 2.98 $ 2.98 $ 3.10
Winter (Oct-May)
PART-PEAK $ 0.14522 $ 0.14902 $ 0.15523 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10144 $ 0.10524 $ 0.10962 All other hours
SUPER OFF-PEAK $ 0.04269 $ 0.04649 $ 0.04843 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 2.43 $ 2.43 $ 2.53
B-19-P Summer (Jun-Sep)
PEAK $ 0.15057 $ 0.15437 $ 0.16080 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.11943 $ 0.12323 $ 0.12836 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09235 $ 0.09615 $ 0.10016 All other hours
PEAK (kW) $ 17.32 $ 17.32 $ 18.04
PART-PEAK (kW) $ 2.53 $ 2.53 $ 2.64
Winter (Oct-May)
PART-PEAK $ 0.13246 $ 0.13626 $ 0.14194 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09269 $ 0.09649 $ 0.10051 All other hours
SUPER OFF-PEAK $ 0.03611 $ 0.03991 $ 0.04157 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 1.78 $ 1.78 $ 1.85
Item 1g
Attachment 2
10 rA, s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-19-T Summer (Jun-Sep)
PEAK $ 0.13621 $ 0.14001 $ 0.14584 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.12313 $ 0.12693 $ 0.13222 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09530 $ 0.09910 $ 0.10323 All other hours
PEAK (kW) $ 15.39 $ 15.39 $ 16.03
PART-PEAK (kW) $ 3.85 $ 3.85 $ 4.01
Winter (Oct-May)
PART-PEAK $ 0.13532 $ 0.13912 $ 0.14492 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09592 $ 0.09972 $ 0.10387 All other hours
SUPER OFF-PEAK $ 0.03795 $ 0.04175 $ 0.04349 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 1.48 $ 1.48 $ 1.54
B-19-R-S / B-19-ST-S Summer (Jun-Sep)
PEAK $ 0.28679 $ 0.29059 $ 0.30270 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.15664 $ 0.16044 $ 0.16713 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.11968 $ 0.12348 $ 0.12862 All other hours
Winter (Oct-May)
PEAK $ 0.16024 $ 0.16404 $ 0.17087 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.11961 $ 0.12341 $ 0.12855 All other hours
SUPER OFF-PEAK $ 0.08522 $ 0.08902 $ 0.09273 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
11 f A'\ SILICON VALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-19-R-P / B-19-ST-P Summer (Jun-Sep)
PEAK $ 0.25962 $ 0.26342 $ 0.27440 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.14103 $ 0.14483 $ 0.15086 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10705 $ 0.11085 $ 0.11547 All other hours
Winter (Oct-May)
PEAK $ 0.14330 $ 0.14710 $ 0.15323 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10716 $ 0.11096 $ 0.11558 All other hours
SUPER OFF-PEAK $ 0.07277 $ 0.07657 $ 0.07976 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only B-19-R-T / B-19-ST-T Summer (Jun-Sep)
PEAK $ 0.22594 $ 0.22974 $ 0.23931 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.14770 $ 0.15150 $ 0.15781 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10723 $ 0.11103 $ 0.11566 All other hours
Winter (Oct-May)
PEAK $ 0.13977 $ 0.14357 $ 0.14955 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10744 $ 0.11124 $ 0.11587 All other hours
SUPER OFF-PEAK $ 0.07305 $ 0.07685 $ 0.08005 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
12 f f;'\ SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-20-S Summer (May-Oct)
PEAK $ 0.10385 $ 0.10745 $ 0.11193 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.10385 $ 0.10745 $ 0.11193 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09817 $ 0.10177 $ 0.10601 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 12.73 $ 12.73 $ 13.26
PART-PEAK (kW) $ 12.73 $ 12.73 $ 13.26
Winter (Nov-Apr)
PART-PEAK $ 0.09568 $ 0.09928 $ 0.10342 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09500 $ 0.09860 $ 0.10271 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-20-P Summer (May-Oct)
PEAK $ 0.10051 $ 0.10399 $ 0.10832 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.10051 $ 0.10399 $ 0.10832 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09498 $ 0.09846 $ 0.10256 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 13.67 $ 13.67 $ 14.24
PART-PEAK (kW) $ 13.67 $ 13.67 $ 14.24
Winter (Nov-Apr)
PART-PEAK $ 0.09261 $ 0.09609 $ 0.10009 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.09196 $ 0.09544 $ 0.09942 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
13 f l' SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-20-T Summer (May-Oct)
PEAK $ 0.08769 $ 0.09093 $ 0.09472 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.08769 $ 0.09093 $ 0.09472 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.08225 $ 0.08549 $ 0.08905 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
PEAK (kW) $ 16.57 $ 16.57 $ 17.26
PART-PEAK (kW) $ 16.57 $ 16.57 $ 17.26
Winter (Nov-Apr)
PART-PEAK $ 0.07992 $ 0.08316 $ 0.08662 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.07928 $ 0.08252 $ 0.08596 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-20-R-S Summer (May-Oct)
PEAK $ 0.15553 $ 0.15913 $ 0.16576 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.15553 $ 0.15913 $ 0.16576 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.12637 $ 0.12997 $ 0.13539 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.12389 $ 0.12749 $ 0.13280 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.12321 $ 0.12681 $ 0.13209 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
14 f A"\ SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
E-20-R-P Summer (May-Oct)
PEAK $ 0.15155 $ 0.15503 $ 0.16149 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.15259 $ 0.15607 $ 0.16257 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.12126 $ 0.12474 $ 0.12994 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.11889 $ 0.12237 $ 0.12747 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11825 $ 0.12173 $ 0.12680 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
E-20-R-T Summer (May-Oct)
PEAK $ 0.14429 $ 0.14753 $ 0.15368 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.14429 $ 0.14753 $ 0.15368 8:30 a.m. to 12:00 noon Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11433 $ 0.11757 $ 0.12247 9:30 p.m. to 8:30 a.m. Monday through Friday, and All day Saturday, Sunday, and holidays
Winter (Nov-Apr)
PART-PEAK $ 0.11200 $ 0.11524 $ 0.12004 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.11136 $ 0.11460 $ 0.11938 9:30 p.m. to 8:30 a.m. Monday through Friday, All day Saturday, Sunday, and holidays
Item 1g
Attachment 2
15 t A, SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-20-S Summer (Jun-Sep)
PEAK $ 0.16463 $ 0.16823 $ 0.17524 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.12780 $ 0.13140 $ 0.13687 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09871 $ 0.10231 $ 0.10657 All other hours
PEAK (kW) $ 19.34 $ 19.34 $ 20.15
PART-PEAK (kW) $ 2.80 $ 2.80 $ 2.92
Winter (Oct-May)
PEAK $ 0.14268 $ 0.14628 $ 0.15238 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09848 $ 0.10208 $ 0.10633 All other hours
SUPER OFF-PEAK $ 0.03925 $ 0.04285 $ 0.04464 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 2.47 $ 2.47 $ 2.57
B-20-P Summer (Jun-Sep)
PEAK $ 0.16102 $ 0.16450 $ 0.17135 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.12141 $ 0.12489 $ 0.13009 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09379 $ 0.09727 $ 0.10132 All other hours
PEAK (kW) $ 21.64 $ 21.64 $ 22.54
PART-PEAK (kW) $ 2.98 $ 2.98 $ 3.10
Winter (Oct-May)
PEAK $ 0.13581 $ 0.13929 $ 0.14509 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09385 $ 0.09733 $ 0.10139 All other hours
SUPER OFF-PEAK $ 0.03434 $ 0.03782 $ 0.03940 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 2.49 $ 2.49 $ 2.59
Item 1g
Attachment 2
16 f A'\ SILICON VALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-20-T Summer (Jun-Sep)
PEAK $ 0.13904 $ 0.14228 $ 0.14821 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.11415 $ 0.11739 $ 0.12228 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.08638 $ 0.08962 $ 0.09335 All other hours
PEAK (kW) $ 22.58 $ 22.58 $ 23.52
PART-PEAK (kW) $ 5.39 $ 5.39 $ 5.61
Winter (Oct-May)
PEAK $ 0.13236 $ 0.13560 $ 0.14125 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.08212 $ 0.08536 $ 0.08892 All other hours
SUPER OFF-PEAK $ 0.03195 $ 0.03519 $ 0.03666 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only PEAK (kW) $ 3.01 $ 3.01 $ 3.14
B-20-R-S / B-20-ST-S Summer (Jun-Sep)
PEAK $ 0.27679 $ 0.28039 $ 0.29207 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.14935 $ 0.15295 $ 0.15932 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.11339 $ 0.11699 $ 0.12186 All other hours
Winter (Oct-May)
PEAK $ 0.15524 $ 0.15884 $ 0.16546 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.11326 $ 0.11686 $ 0.12173 All other hours
SUPER OFF-PEAK $ 0.07894 $ 0.08254 $ 0.08598 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
17 rA'\ s1L1coN vALLEY \!I CLEAN ENERGY
Silicon Valley Clean Energy Large Commercial
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
B-20-R-P / B-20-ST-P Summer (Jun-Sep)
PEAK $ 0.26550 $ 0.26898 $ 0.28019 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.14176 $ 0.14524 $ 0.15129 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10845 $ 0.11193 $ 0.11659 All other hours
Winter (Oct-May)
PEAK $ 0.14696 $ 0.15044 $ 0.15671 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10849 $ 0.11197 $ 0.11664 All other hours
SUPER OFF-PEAK $ 0.07417 $ 0.07765 $ 0.08089 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only B-20-R-T / B-20-ST-T Summer (Jun-Sep)
PEAK $ 0.26265 $ 0.26589 $ 0.27697 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.14878 $ 0.15202 $ 0.15835 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10054 $ 0.10378 $ 0.10810 All other hours
Winter (Oct-May)
PEAK $ 0.14862 $ 0.15186 $ 0.15819 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09773 $ 0.10097 $ 0.10518 All other hours
SUPER OFF-PEAK $ 0.06624 $ 0.06948 $ 0.07238 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Item 1g
Attachment 2
18 rA'\ s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-1-A Summer (May-Oct) $ 0.11641 $ 0.11997 $ 0.12497 Rates applicable to all usage throughout the season SUMMER MAX $ 2.69 $ 2.69 $ 2.80
Winter (Nov-Apr) $ 0.10335 $ 0.10691 $ 0.11136 Rates applicable to all usage throughout the season AG-1-B Summer (May-Oct) $ 0.12620 $ 0.12976 $ 0.13517 Rates applicable to all usage throughout the season SUMMER MAX $ 4.00 $ 4.00 $ 4.17
Winter (Nov-Apr) $ 0.09733 $ 0.10089 $ 0.10509 Rates applicable to all usage throughout the season AG-A1 Summer (Jun-Sep)
PEAK $ 0.25215 $ 0.25571 $ 0.26636 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13725 $ 0.14081 $ 0.14668 All other hours
Winter (Oct-May)
PEAK $ 0.13407 $ 0.13763 $ 0.14336 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10867 $ 0.11223 $ 0.11691 All other hours
AG-A2 Summer (Jun-Sep)
PEAK $ 0.25215 $ 0.25571 $ 0.26636 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.13725 $ 0.14081 $ 0.14668 All other hours
Winter (Oct-May)
PEAK $ 0.13407 $ 0.13763 $ 0.14336 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10867 $ 0.11223 $ 0.11691 All other hours
Item 1g
Attachment 2
19 rA'\ s1L1coN vALLEY
\!.,CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-RA Summer (May-Oct)
PEAK $ 0.11393 $ 0.11749 $ 0.12239 Group I 12:00 noon to 6:00 p.m. Monday, Tuesday, Wednesday Group II 12:00 noon to 6:00 p.m. Wednesday, Thursday, Friday OFF-PEAK $ 0.11393 $ 0.11749 $ 0.12239 All other hours Monday through Friday All day Saturday, Sunday, holidays
SUMMER $ 2.14 $ 2.14 $ 2.23
Winter (Nov-Apr)
PART-PEAK $ 0.09799 $ 0.10155 $ 0.10578 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09731 $ 0.10087 $ 0.10507 All other hours Monday through Friday All day Saturday, Sunday, holidays
AG-RB Summer (May-Oct)
PEAK $ 0.10756 $ 0.11112 $ 0.11575 Group I 12:00 noon to 6:00 p.m. Monday, Tuesday, Wednesday Group II 12:00 noon to 6:00 p.m. Wednesday, Thursday, Friday OFF-PEAK $ 0.10756 $ 0.11112 $ 0.11575 All other hours Monday through Friday All day Saturday, Sunday, holidays
MAX $ 3.16 $ 3.16 $ 3.29
PEAK $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.09662 $ 0.10018 $ 0.10435 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09593 $ 0.09949 $ 0.10364 All other hours Monday through Friday All day Saturday, Sunday, holidays
AG-FA Summer (Jun-Sep)
PEAK $ 0.21929 $ 0.22285 $ 0.23214 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.14524 $ 0.14880 $ 0.15500 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday Winter (Oct-May)
PEAK $ 0.13545 $ 0.13901 $ 0.14480 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.11006 $ 0.11362 $ 0.11835 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday Item 1g
Attachment 2
20 rA, s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-FB Summer (Jun-Sep)
PEAK $ 0.23732 $ 0.24088 $ 0.25092 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.15927 $ 0.16283 $ 0.16961 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday Winter (Oct-May)
PEAK $ 0.14769 $ 0.15125 $ 0.15755 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.12230 $ 0.12586 $ 0.13110 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday AG-FC Summer (Jun-Sep)
PEAK $ 0.13941 $ 0.14297 $ 0.14893 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.11060 $ 0.11416 $ 0.11892 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday MAX $ 17.24 $ 17.24 $ 17.96
Winter (Oct-May)
PEAK $ 0.12557 $ 0.12913 $ 0.13451 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays, except for the special off-peak days by Group as indicated below
OFF-PEAK $ 0.10018 $ 0.10374 $ 0.10806 All other hours and all day for the days indicated by these options: Option 1) Wednesday and Thursday; Option 2) Saturday and Sunday; Option 3) Monday and Friday AG-VA Summer (May-Oct)
OFF-PEAK $ 0.11033 $ 0.11389 $ 0.11864 All other hours Monday through Friday All day Saturday, Sunday, holidays
SUMMER $ 2.25 $ 2.25 $ 2.34
Winter (Nov-Apr)
PART-PEAK $ 0.09571 $ 0.09927 $ 0.10341 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09503 $ 0.09859 $ 0.10270 All other hours Monday through Friday All day Saturday, Sunday, holidays
Group I 12:00 noon to 4:00 p.m. Monday through Friday
Group II 1:00 p.m. to 5:00 p.m. Monday through Friday
Group III 2:00 p.m. to 6:00 p.m. Monday through Friday
PEAK $ 0.11033 $ 0.11389 $ 0.11864
Item 1g
Attachment 2
21 r/j'\ SILICON VALLEY ~ CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-VB Summer (May-Oct)
OFF-PEAK $ 0.10423 $ 0.10779 $ 0.11228 All other hours Monday through Friday All day Saturday, Sunday, holidays
MAX $ 2.99 $ 2.99 $ 3.11
PEAK $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.09232 $ 0.09588 $ 0.09987 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09163 $ 0.09519 $ 0.09916 All other hours Monday through Friday All day Saturday, Sunday, holidays
AG-4-A Summer (May-Oct)
PEAK $ 0.11178 $ 0.11534 $ 0.12015 12:00 noon to 6:00 p.m. Monday through Friday OFF-PEAK $ 0.11178 $ 0.11534 $ 0.12015 All other hours Monday through Friday All day Saturday, Sunday, holidays
SUMMER $ 2.20 $ 2.20 $ 2.29
Winter (Nov-Apr)
PART-PEAK $ 0.09808 $ 0.10164 $ 0.10588 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09740 $ 0.10096 $ 0.10517 All other hours Monday through Friday All day Saturday, Sunday, holidays
PEAK $ 0.10423 $ 0.10779 $ 0.11228
Group I 12:00 noon to 4:00 p.m. Monday through Friday
Group II 1:00 p.m. to 5:00 p.m. Monday through Friday
Group III 2:00 p.m. to 6:00 p.m. Monday through Friday
Item 1g
Attachment 2
22 rA, s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-4-B Summer (May-Oct)
PEAK $ 0.12627 $ 0.12983 $ 0.13524 12:00 noon to 6:00 p.m. Monday through Friday OFF-PEAK $ 0.12627 $ 0.12983 $ 0.13524 All other hours Monday through Friday All day Saturday, Sunday, holidays
MAX $ 4.00 $ 4.00 $ 4.17
PEAK $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.11284 $ 0.11640 $ 0.12125 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.11218 $ 0.11574 $ 0.12056 All other hours Monday through Friday All day Saturday, Sunday, holidays
AG-4-C Summer (May-Oct)
PEAK $ 0.10525 $ 0.10881 $ 0.11334 12:00 noon to 6:00 p.m. Monday through Friday PART-PEAK $ 0.10525 $ 0.10881 $ 0.11334 8:30 a.m. to 12:00 p.m. Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday
OFF-PEAK $ 0.09449 $ 0.09805 $ 0.10214 9:30 p.m. to 8:30 a.m. Monday through Friday All day Saturday, Sunday, holidays
PEAK $ 4.22 $ 4.22 $ 4.40
PART-PEAK $ 4.22 $ 4.22 $ 4.40
Winter (Nov-Apr)
PART-PEAK $ 0.09201 $ 0.09557 $ 0.09955 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.09133 $ 0.09489 $ 0.09884 All other hours Monday through Friday All day Saturday, Sunday, holidays
Item 1g
Attachment 2
23 rA'\ s1L1coN vALLEY
~ CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-B Summer (Jun-Sep)
PEAK $ 0.26843 $ 0.27199 $ 0.28332 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.15028 $ 0.15384 $ 0.16025 All other hours
Winter (Oct-May)
PEAK $ 0.14515 $ 0.14871 $ 0.15491 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.12000 $ 0.12356 $ 0.12871 All other hours
AG-5-A Summer (May-Oct)
PEAK $ 0.11849 $ 0.12205 $ 0.12714 12:00 noon to 6:00 p.m. Monday through Friday OFF-PEAK $ 0.11849 $ 0.12205 $ 0.12714 All other hours Monday through Friday All day Saturday, Sunday, holidays
SUMMER $ 6.07 $ 6.07 $ 6.32
Winter (Nov-Apr)
PART-PEAK $ 0.10671 $ 0.11027 $ 0.11486 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.10602 $ 0.10958 $ 0.11415 All other hours Monday through Friday All day Saturday, Sunday, holidays
Item 1g
Attachment 2
24 rA'\ s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-5-B Summer (May-Oct)
PEAK $ 0.11440 $ 0.11796 $ 0.12287 12:00 noon to 6:00 p.m. Monday through Friday OFF-PEAK $ 0.11440 $ 0.11796 $ 0.12287 All other hours Monday through Friday All day Saturday, Sunday, holidays
MAX $ 7.77 $ 7.77 $ 8.09
PEAK $ - $ - $ -
Winter (Nov-Apr)
PART-PEAK $ 0.10246 $ 0.10602 $ 0.11044 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.10181 $ 0.10537 $ 0.10976 All other hours Monday through Friday All day Saturday, Sunday, holidays
AG-5-C Summer (May-Oct)
PEAK $ 0.09504 $ 0.09860 $ 0.10271 12:00 noon to 6:00 p.m. Monday through Friday PART-PEAK $ 0.09504 $ 0.09860 $ 0.10271 8:30 a.m. to 12:00 p.m. Monday through Friday AND 6:00 p.m. to 9:30 p.m. Monday through Friday
OFF-PEAK $ 0.08921 $ 0.09277 $ 0.09664 9:30 p.m. to 8:30 a.m. Monday through Friday All day Saturday, Sunday, holidays
PEAK $ 8.72 $ 8.72 $ 9.08
PART-PEAK $ 8.72 $ 8.72 $ 9.08
Winter (Nov-Apr)
PART-PEAK $ 0.08673 $ 0.09029 $ 0.09405 8:30 a.m. to 9:30 p.m. Monday through Friday OFF-PEAK $ 0.08605 $ 0.08961 $ 0.09334 All other hours Monday through Friday All day Saturday, Sunday, holidays
Item 1g
Attachment 2
25 rA, s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Agriculture
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
AG-C Summer (Jun-Sep)
PEAK $ 0.12893 $ 0.13249 $ 0.13801 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10063 $ 0.10419 $ 0.10853 All other hours
MAX $ 17.24 $ 17.24 $ 17.96
Winter (Oct-May)
PEAK $ 0.11488 $ 0.11844 $ 0.12337 5:00 p.m. to 8:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09038 $ 0.09394 $ 0.09785 All other hours
Item 1g
Attachment 2
26 rA'\ s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Standby
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
STOUS Summer (May-Oct)
PEAK $ 0.15543 $ 0.15823 $ 0.16482 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.12860 $ 0.13140 $ 0.13687 8:30 a.m. to 12:00 noon AND 6:00 p.m. to 9:30 p.m.

Monday through Friday (except holidays)
OFF-PEAK $ 0.09347 $ 0.09627 $ 0.10028 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday, and holidays
Reservation (kW) $ 0.65 $ 0.65 $ 0.68
Winter (Nov-Apr)
PART-PEAK $ 0.13287 $ 0.13567 $ 0.14132 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.10566 $ 0.10846 $ 0.11298 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday and holidays
Reservation (kW) $ 0.65 $ 0.65 $ 0.68
STOUP Summer (May-Oct)
PEAK $ 0.15543 $ 0.15823 $ 0.16482 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.12860 $ 0.13140 $ 0.13687 8:30 a.m. to 12:00 noon AND 6:00 p.m. to 9:30 p.m.

Monday through Friday (except holidays)
OFF-PEAK $ 0.09347 $ 0.09627 $ 0.10028 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday, and holidays
Reservation (kW) $ 0.65 $ 0.65 $ 0.68
Winter (Nov-Apr)
PART-PEAK $ 0.13287 $ 0.13567 $ 0.14132 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.10566 $ 0.10846 $ 0.11298 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday and holidays
Reservation (kW) $ 0.65 $ 0.65 $ 0.68
Item 1g
Attachment 2
27 rA'\ s1L1coN vALLEY
\!.,CLEAN ENERGY
Silicon Valley Clean Energy Standby
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
STOUT Summer (May-Oct)
PEAK $ 0.12636 $ 0.12916 $ 0.13454 12:00 noon to 6:00 p.m. Monday through Friday (except holidays) PART-PEAK $ 0.10432 $ 0.10712 $ 0.11158 8:30 a.m. to 12:00 noon AND 6:00 p.m. to 9:30 p.m.

Monday through Friday (except holidays)
OFF-PEAK $ 0.07515 $ 0.07795 $ 0.08120 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday, and holidays
Reservation (kW) $ 0.54 $ 0.54 $ 0.56
Winter (Nov-Apr)
PART-PEAK $ 0.10778 $ 0.11058 $ 0.11519 8:30 a.m. to 9:30 p.m. Monday through Friday (except holidays) OFF-PEAK $ 0.08539 $ 0.08819 $ 0.09186 9:30 p.m. to 8:30 a.m. Monday through Friday All Day Saturday, Sunday and holidays
Reservation (kW) $ 0.54 $ 0.54 $ 0.56
S-B-S Summer (Jun-Sep)
PEAK $ 0.12583 $ 0.12863 $ 0.13399 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.11403 $ 0.11683 $ 0.12170 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10091 $ 0.10371 $ 0.10803 All other hours
Reservation (kW) $ 0.99 $ 0.99 $ 1.03
Winter (Oct-May)
PEAK $ 0.12111 $ 0.12391 $ 0.12907 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10202 $ 0.10482 $ 0.10919 All other hours
SUPER OFF-PEAK $ 0.05964 $ 0.06244 $ 0.06504 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Reservation (kW) $ 0.99 $ 0.99 $ 1.03
Item 1g
Attachment 2
28 rA'\ s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Standby
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
S-B-P Summer (Jun-Sep)
PEAK $ 0.12583 $ 0.12863 $ 0.13399 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.11403 $ 0.11683 $ 0.12170 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10091 $ 0.10371 $ 0.10803 All other hours
Reservation (kW) $ 0.99 $ 0.99 $ 1.03
Winter (Oct-May)
PEAK $ 0.12111 $ 0.12391 $ 0.12907 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.10202 $ 0.10482 $ 0.10919 All other hours
SUPER OFF-PEAK $ 0.05964 $ 0.06244 $ 0.06504 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Reservation (kW) $ 0.99 $ 0.99 $ 1.03
S-B-T Summer (Jun-Sep)
PEAK $ 0.11543 $ 0.11823 $ 0.12316 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays PART-PEAK $ 0.10394 $ 0.10674 $ 0.11119 2:00 p.m. to 4:00 p.m. and 9:00 p.m. to 11:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09116 $ 0.09396 $ 0.09787 All other hours
Reservation (kW) $ 0.50 $ 0.50 $ 0.52
Winter (Oct-May)
PEAK $ 0.11092 $ 0.11372 $ 0.11846 4:00 p.m. to 9:00 p.m.; Every day, including weekends and holidays OFF-PEAK $ 0.09235 $ 0.09515 $ 0.09911 All other hours
SUPER OFF-PEAK $ 0.04989 $ 0.05269 $ 0.05489 9:00 a.m. to 2:00 p.m.; Every day in March, April, and May only Reservation (kW) $ 0.50 $ 0.50 $ 0.52
Item 1g
Attachment 2
29 rA'\ s1L1coN vALLEY
\!/CLEAN ENERGY
Silicon Valley Clean Energy Lighting
Non-Residential Generation Rates and Generation Service Cost Comparison SVCE Rate
Schedule
Time of Use
Period
SVCE
Generation
Rates1
SVCE
Generation
Service2
PG&E
Generation
Service3 Notes
LS-1, LS-2,
LS-3, OL-1
TC-1 Year-round $ 0.12877 $ 0.13260 $ 0.13813 Rates applicable to all usage throughout the year GreenPrime + $ 0.00800 Same as applicable rate, with $0.008/kWh adder for 100% Renewable energy 1 SVCE Generation Rates, without added PG&E fees, effective 1/1/2023 2 SVCE Generation Service reflects our price for Generation, with added PG&E fees (PCIA and Franchise Fees), effective 1/1/2023 3 PG&E Generation service rate effective 1/1/2023
DAYLIGHT SAVING TIME ADJUSTMENT: The time periods shown above will begin and end one hour later for the period between the second Sunday in March and the first Sunday in April, and for the period between the last Sunday in October and the first Sunday in November.

HOLIDAYS: Holidays, for the purpose of this rate schedule, are New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and Christmas Day. The dates will be those on which holidays are legally observed.

Year-round $ 0.11900 $ 0.12228 $ 0.12737 Rates applicable to all usage throughout the year Item 1g
Attachment 2
30 rA'\ s1L1coN vALLEY
\!/CLEAN ENERGY

Page 1 of 2 ends

Staff Report – Item 1h
Item 1h: Approve SVCE Hybrid Meetings Policy
From: Girish Balachandran, CEO
Prepared by: Kevin Armstrong, Deputy Director of Administrative Services Bena Chang, Senior Government Affairs Manager
Andrea Pizano, Board Clerk and Executive Assistant
Date: 1/11/2022

RECOMMENDATION
Staff recommends the SVCE Board of Directors approve policy GAP9, “Hybrid Meetings Policy”.

BACKGROUND
Due to the COVID-19 pandemic, the Governor issued Executive Order N-29-20, suspending certain sections of the Brown Act. Pursuant to the Executive Order, legislative bodies no longer needed to list the location of each remote attendee, post agendas at each remote location, or allow the public to access each location. Further, a quorum of the legislative body does not need to be within the legislative body’s jurisdiction. After several extensions, Executive Order N-29-20 expired on September 30, 2021.

On September 16, 2021 Governor Newsom signed AB 361, legislation that amended the Brown Act to allow local agencies to meet remotely during Governor declared emergencies under certain conditions. AB 361 authorizes local agencies to continue meeting remotely without following the Brown Act’s standard teleconferencing provisions if the meeting is held during a state of emergency proclaimed by the Governor and either of the following applies: (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the agency has already determined or is determining whether, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

On September 13, 2022, the Governor signed AB 2449, which allows members of a legislative body to meet from a remote location under specific circumstances. The provisions of AB 2449 went into effect on January 1, 2023, and will be discussed in more detail in the Analysis & Discussion section.

On October 17, 2022, Governor Newsom’s office announced that the COVID-19 State of Emergency will end on February 28, 2023. With this announcement, AB 361 can no longer be used following the termination of the emergency order.

ANALYSIS & DISCUSSION
Staff received feedback from the Executive Committee in March 2022 and the Board of Directors in April 2022 that continuing hybrid meetings would be preferred after Governor Newsom’s emergency order was lifted.

At the December 14, 2022 Board of Directors meeting, staff presented an item to initiate discussion on how board and committee meetings could be conducted in a hybrid setting once the emergency order was lifted, with a recommendation to use only traditional Brown Act rules and not exercise AB 2449 unless for emergency situations.

Staff received feedback from board members that a return to traditional Brown Act rules should be the default for future meetings, while attendance under AB 2449 could be requested when a “just cause” or emergency situation arises. The development of an internal meetings policy is meant to provide guidance on how the process of requesting attendance under AB 2449 would be handled.

Item 1h
/ A"\ SILICON VALLEY
~CLEAN ENERGY
Agenda Item: 1h Agenda Date: 1/11/2023

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Silicon Valley Clean Energy Board of DirectorsJanuary 11, 2023

Silicon Valley Clean Energy Board of Directors
January 11, 2023