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Agenda packet

Silicon Valley Clean Energy Board of Directors
August 9, 2023

Document
Agenda packet
Meeting
August 9, 2023
Body
Silicon Valley Clean Energy Board of Directors
Pages
23
Original file
20.9 MB
Text extracted from the CCA's file for reading and search. Open the original on www.svcleanenergy.org. That file is the official record.
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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).

George Tyson, Chair
Town of Los Altos Hills
Tina Walia, Vice Chair
City of Saratoga
Elliot Scozzola
City of Campbell
Sheila Mohan
City of Cupertino
Zach Hilton
City of Gilroy
Sally Meadows
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Margaret Abe-Koga
City of Mountain View
Larry Klein
City of Sunnyvale
Otto Lee
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, August 9, 2023
7:00 pm
Cupertino Community Hall
10350 Torre Avenue
Cupertino, CA 95014
Administrative Conference Room, Gilroy City Hall
7351 Rosanna St.

Gilroy, CA 95020
16870 Prospect Ave.

Thousand Island Park, NY 13692
Teleconference Meeting
Webinar:
https://cityofcupertino.zoom.us/j/94295848572
Telephone (Audio Only):

US: +1 669-900-6833
Webinar ID: 942 9584 8572
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.

SILICON VALLEY <3/ CLEAN ENERGY

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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).

George Tyson, Chair
Town of Los Altos Hills
Tina Walia, Vice Chair
City of Saratoga
Elliot Scozzola
City of Campbell
Sheila Mohan
City of Cupertino
Zach Hilton
City of Gilroy
Sally Meadows
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Margaret Abe-Koga
City of Mountain View
Larry Klein
City of Sunnyvale
Otto Lee
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
If you are an individual with a disability and need a reasonable modification or accommodation pursuant to the Americans with Disabilities Act (“ADA”) please contact Board Clerk Andrea Pizano at [email protected] prior to the meeting for assistance.

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 June 14, 2023, Board of Directors Meeting 1b) Approve Minutes of the June 14, 2023, Board of Directors Special Meeting
1c) Receive May and June 2023 Treasurer Report
1d) Ratify Broker Transaction Expenses for Past Commodity Purchases 1e) Adopt Resolution to Approve the Amended Energy Risk Management Policy
1f) Authorize the Chief Executive Officer to Modify Agreement with Power MC LLC
1g) Adopt Resolution Authorizing the Chief Executive Officer to Amend Master Agreement with Direct Energy Business Marketing, LLC 1h) Receive Q2 2023 Decarbonization Programs Update
1i) Executive Committee Report
1j) Finance and Administration Committee Report
1k) California Community Power Report
SILICON VALLEY <3/ CLEAN ENERGY

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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).

George Tyson, Chair
Town of Los Altos Hills
Tina Walia, Vice Chair
City of Saratoga
Elliot Scozzola
City of Campbell
Sheila Mohan
City of Cupertino
Zach Hilton
City of Gilroy
Sally Meadows
City of Los Altos
Rob Rennie
Town of Los Gatos
Evelyn Chua
City of Milpitas
Bryan Mekechuk
City of Monte Sereno
Yvonne Martinez Beltran
City of Morgan Hill
Margaret Abe-Koga
City of Mountain View
Larry Klein
City of Sunnyvale
Otto Lee
County of Santa Clara
svcleanenergy.org
333 W El Camino Real
Suite 330
Sunnyvale, CA 94087
1l) Legislative Response to Industry Transition 2023 Ad Hoc Committee Report
1m) Audit Committee Report
Regular Calendar
2) CEO Report (Discussion)
3) Authorize the Chief Executive Officer to Execute a 15-Year Power Purchase Agreement with Grace Orchard Solar II, LLC for Renewable Solar PV Supply (PCC1) and a 15-Year Energy Storage Service Agreement with Yellow Pine Solar III, LLC for Energy Storage, in Substantial Form and Any Necessary Ancillary Agreements and Documents (Action)
4) Provide Feedback on the FY 2023-24 Proposed Operating Budget and Updated Reserves Policy (Discussion)
Board Member Announcements and Direction on Future Agenda Items Public Comment on Closed Session
Closed Session

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Chief Executive Officer

PUBLIC EMPLOYEE APPOINTMENT
Title: Chief Executive Officer

CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Director Tyson, Board Chair, and Director Walia, Board Vice Chair
Unrepresented employee: Chief Executive Officer
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(California Government Code Section 54956.9(d)(1))
Name of case: Central Coast Community Energy, a California joint powers authority; Silicon Valley Clean Energy Authority, a California joint powers authority v. Big Beau Solar, LLC, et al, Santa Clara County Superior Court Case No. 22CV398156
Adjourn
SILICON VALLEY <3/ CLEAN ENERGY

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Silicon Valley Clean Energy Authority
Board of Directors Meeting
Wednesday, June 14, 2023
7:00 pm
Cupertino Community Hall
10350 Torre Avenue
Cupertino, CA
Administrative Conference Room, Gilroy City Hall
7351 Rosanna St.

Gilroy, CA 95020

DRAFT MEETING MINUTES
Call to Order:

Chair Tyson called the meeting to order at 7:02 p.m.

Roll Call

Present:

George Tyson (Chair), Los Altos Hills
Tina Walia (Vice Chair), Saratoga
Elliot Scozzola, Campbell
Sheila Mohan, Cupertino
Zachary Hilton, Gilroy (Participated via teleconference) Sally Meadows, Los Altos
Rob Rennie, Los Gatos
Evelyn Chua, Milpitas
Bryan Mekechuk, Monte Sereno
Yvonne Martinez Beltran, Morgan Hill (Participated via teleconference) Margaret Abe-Koga, Mountain View
Larry Klein, Sunnyvale
Otto Lee, Santa Clara County

Absent:

None.

Public Comment on Matters Not Listed on the Agenda
Bruce Karney, on behalf of Carbon Free Mountain View and Carbon Free Silicon Valley, recognized Director Martinez Beltran as a member of the “Five-Timers Club”, an acknowledgement for directors who have served five years on the SVCE board. Mr. Karney noted the certificate would be sent to Director Martinez Beltran by SVCE staff.

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.

Item 1a Draft Minutes: 6/14/23 SVCE Board of Directors Regular Meeting SILICON VALLEY \3/ CLEAN ENERGY

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1a) Approve Minutes of the May 10, 2023, Board of Directors Meeting 1b) Receive April 2023 Treasurer Report
1c) Approve Additional Funding of $250,000 for eHub Resources for a Not to Exceed Amount of $1.1M
1d) Authorize the Chief Executive Officer to Execute a Three-Year Agreement with the Sacramento Municipal Utility District (SMUD) for Electrification Concierge Consultant Services 1e) Authorize the Chief Executive Officer to Execute an Amendment to the Agreement with CLEAResult Consulting, Inc. for Electric Vehicle Charging Technical Assistance to Extend the Term of the Agreement for 15 months and Increase Compensation by $225,000 1f) Adopt a Resolution Authorizing the Chief Executive Officer to Execute Master Agreement with Citadel Energy Marketing LLC
1g) Adopt a Resolution Authorizing the Chief Executive Officer to Execute a Sole Source Contract with the San Jose Conservation Corps to Build the SVCE All-Electric Demonstration Home 1h) Authorize the Chief Executive Officer to Execute an Amendment to the 2022-2023 Climate Corps Fellowship Agreement with Strategic Energy Innovations 1i) Authorize the Chief Executive Officer to Execute Amendment to Agreement with PFM Asset Management for Investment Advisory Services to Allow SVCE to Enter into an Agreement with US Bank for Custodial Bank Services
1j) Executive Committee Report
1k) Finance and Administration Committee Report
1l) California Community Power Report
1m) Additional Committee Reports
MOTION: Director Mekechuk moved and Director Chua seconded the motion to approve the Consent Calendar, Items 1a through 1m.

The motion carried unanimously by verbal roll call vote.

Regular Calendar
2) CEO Report (Discussion)
CEO Girish Balachandran’s report included the following:
1) Summer readiness, and how SVCE is preparing for the heat in the summer months; 2) Upcoming publishing of high-level GHG metrics for each city; 3) Introduction of SVCE’s two newest members:

Juliette Pascual, Community Outreach Specialist, and
Karen Chang, Manager of Finance and Risk Controls
Both provided brief welcome comments;
4) An announcement of the departure of two SVCE employees, Charles Grinstead, Sr. Manager of Power Resources, and Kevin Armstrong, Deputy Director of Administrative Services. Deputy Director of Administrative Services Armstrong was present and thanked board members for their work in the organization and community.
5) A recap of the Casa Diablo-IV binary geothermal plant tour with staff and board members that occurred June 9, 2023 in Mammoth Lakes, CA.

Director Rennie and Mekechuk shared their experience in attending the geothermal power plant tour; Vice Chair Walia welcomed Juliette and Karen.

Item 1a Draft Minutes: 6/14/23 SVCE Board of Directors Regular Meeting

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Chair Tyson opened Public Comment.

No speakers.

Chair Tyson closed Public Comment.
3) SVCE Strategic Plan FY 24 Update (Discussion)
CEO Balachandran presented an update on the FY 24 SVCE Strategic Plan, which included information on the planning and budgeting process, and proposed five strategic Focus Areas for FY24:
• Expand Clean and Reliable Grid Actions
• Expand Customer Base & Interaction
• Accelerate Building & Transportation Electrification
• Implement Innovative Financing Solutions
• Attract & Retain Employees
Staff responded to questions and comments from board members on the strategic focus areas.

Chair Tyson opened Public Comment.

Colin Corbett had the following comments: 1) How will there be innovative programs when currently the programs do not pay out; 2) Suggestion of a report that shows success rate vs. refusal rate vs. deferment rate sorted by rebate programs, which may give people more confidence, 3) Homes are not getting hooked up fast enough because the incentives that are there do not pay out, 4) How will you expand your advocacy when most of the interactions as a rebate seeker are usually negative, 5) As SVCE looks to interact more with commercial customers, they will expect contracts with defined milestones and termination clauses so he would suggest SVCE adjust their rebates based upon a higher percentage of having to pay out, and 6) for storage, there is a significant lack of choices and the complexity is significant.

Chair Tyson closed Public Comment.
4) Results of Stress Test Analyses for FY2024-FY2028 Planning Horizon (Discussion) Amrit Singh, CFO and Director of Administrative Services, presented information on the stress test analyses which included an overview of the Enterprise Risk Management framework, construction of the stress test scenario, an overview of modeled price collapse, the results and implied reserve targets, and next steps.

CFO and Director of Administrative Services Singh responded to board member questions regarding the new illustrative reserve targets, a potential collapse in prices, and processes in price distribution building.

Chair Tyson opened Public Comment.

No speakers.

Chair Tyson closed Public Comment.
5) FY 2023-24 Budget Framework (Discussion)
CFO and Director of Administrative Services Singh presented information on the budget framework including revenue modeling, reserve targets, customer discount rate, additional funding for programs and set aside for reserves, power supply costs, and other cost drivers (building purchase).

CFO and Director of Administrative Services Singh responded to board member questions including one regarding the AB 205 trailer bill and longer-term potential rate decreases from PG&E.

Chair Tyson opened Public Comment.

Item 1a Draft Minutes: 6/14/23 SVCE Board of Directors Regular Meeting

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No speakers.

Chair Tyson closed Public Comment.

Board Member Announcements and Future Agenda Items
Vice Chair Walia announced she had the opportunity to attend the Silicon Valley Leadership Group’s 2023 Energy & Sustainability Summit on June 8, 2023 and enjoyed the speakers who included Jennifer Granholm, US Department of Energy Secretary, and Michael Raegan, US Environmental Protection Agency Administrator.

Director Martinez Beltran thanked Carbon Free Mountain View for their recognition of her five years of service on the SVCE board.

Public Comment on Closed Session
No speakers.

The Board of Directors convened to Closed Session at 8:46 p.m.

Closed Session
Public Employee Performance Evaluation
Title: Chief Executive Officer
Public Employee Appointment
Title: Chief Executive Officer
Conference with Labor Negotiators
Agency designated representatives: Director Tyson, Board Chair, and Director Walia, Board Vice Chair Unrepresented Employee: Chief Executive Officer
Report from Closed Session
Chair Tyson announced there was nothing to report from Closed Session.

Adjourn
Chair Tyson adjourned the meeting at 9:37 p.m.

ATTEST:
_____________________________
Andrea Pizano, Board Secretary
Item 1a Draft Minutes: 6/14/23 SVCE Board of Directors Regular Meeting

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Silicon Valley Clean Energy Authority
Board of Directors Special Meeting
Wednesday, June 14, 2023
5:30 pm
Cupertino Community Hall
10350 Torre Avenue
Cupertino, CA

DRAFT MEETING MINUTES
Call to Order:

Chair Tyson called the meeting to order at 5:39 p.m.

Roll Call

Present:

Directors:

George Tyson (Chair), Los Altos Hills
Tina Walia (Vice Chair), Saratoga
Elliot Scozzola, Campbell
Sheila Mohan, Cupertino
Sally Meadows, Los Altos
Rob Rennie, Los Gatos
Evelyn Chua, Milpitas
Bryan Mekechuk, Monte Sereno
Larry Klein, Sunnyvale
Alternate Directors:

Hung Wei, Cupertino
Lisa Schmidt, Los Altos Hills
Pat Showalter, Mountain View

Absent:

Directors:

Zachary Hilton, Gilroy
Yvonne Martinez Beltran, Morgan Hill
Margaret Abe-Koga, Mountain View
Otto Lee, Santa Clara County
Alternate Directors:

Sergio Lopez, Campbell
Rebeca Armendariz, Gilroy
Pete Dailey, Los Altos
Rob Moore, Los Gatos
Carmen Montano, Milpitas
Item 1b Draft Minutes: SVCE Board of Directors June 14, 2023 Special Meeting SILICON VALLEY \3/ CLEAN ENERGY

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Burton Craig, Monte Sereno
Tanya Carothers, Morgan Hill
Chuck Page, Saratoga
Sylvia Arenas, Santa Clara County
Murali Srinivasan, Sunnyvale
Public Comment on Matters Not Listed on the Agenda
No speakers.

Regular Calendar
1) Study Session: Clean Power Standards and Reporting
Monica Padilla, COO and Director of Power Resources, and Maren Wenzel, Senior Manager of Policy & Regulatory Analysis presented the study session information on clean power standards and reporting which included information on how SVCE functions in the CAISO market, regulatory mechanisms, where SVCE is today, information on the power content label, SVCE’s product offering and challenges, clean standard pathways, information on a mechanism that matches supply with expected retail demand every hour of the day (24x7), Google’s CFE methodology, and next steps for SVCE.

Staff responded to questions from board members regarding small modular reactors, SVCE’s product offerings, incorporating a potential rare event when modeling (extreme weather related), 24x7 modeling, the future challenge of being affordable while also being clean and reliable, the demand for carbon-free resources, if there is any upcoming legislation on clean accounting, information on geothermal and reliability, and development of a pathway study and if any other agencies have conducted similar studies.

Chair Tyson opened Public Comment.

Bruce Karney identified a mathematical error on slide 10 and addressed a report that he develops, “How Green, How Cheap”, which is distributed to CCA advocates and staff. Mr. Karney noted SVCE and PCE are two of the cleanest CCAs, and commented because of a change in measurement reporting methodology, progress in meeting each City’s greenhouse gas goals may appear to go backward.

Chair Tyson closed Public Comment.

Board Member Announcements and Future Agenda Items
None.

Adjourn
Chair Tyson adjourned the meeting at 6:42 p.m.

ATTEST:
_____________________________
Andrea Pizano, Board Secretary
Item 1b Draft Minutes: SVCE Board of Directors June 14, 2023 Special Meeting 1 TREASURER REPORT
Fiscal Year to Date
As of June 30, 2023
(Preliminary & Unaudited)
Issue Date: August 9, 2023
Table of Contents
Page
Summary 2-3
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 13
Item 1c
©

SILICONVALLEY

CLEAN ENERGY
2

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Balance Sheet Highlights:
> SVCE operations resulted in a change in net position of $16.4 million for the month of June and $99.9 million for fiscal-year-to-date (FYTD).* > Total Net Position increased further to $312.6 M
> SVCE is investing ~94% of available funds generating FYTD interest/dividend income of $5 million. *Does not yet recognize unspent program dollars
**For reconciliation purposes, budget numbers include actual program expenses and depreciation, exclude GASP 87 expenses.

SVCE Yield-bearing Accounts:

Combined Ending Balance 254.2 M
Total Interest/Div. Earned FYTD 4.9 M
Average Return On Investments** 5.0%
* Includes River Bank accounts - Money Market, Collateral and ICS; CAMP; PFM Portfolio ** Average annualized Yield for the current month

SILICON VALLEY CLEAN ENERGY AUTHORITY
Financial Statement Highlights* ($ in millions)
June 30, 2023
223.3 M
312.6 M
-250 M
-150 M
-50 M
50 M
150 M
250 M
350 M
-16 M
-12 M
-8 M
-4 M
0 M
4 M
8 M
12 M
16 M
20 M
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Net Position Change in Net Position Change in Net Position*
Net Position (Right Y-Axes) MidYear Budget (Left Y-Axis)** Actual (Left Y-Axes) 169 178 180 176 186 197 206 216 225 0
50 100
150
200
250
300
350
400
450
500
Oct Nov Dec Jan Feb Mar Apr May June
Days Cash on Hand (DCOH)
DCOH* Maximum Reserves Target Reserves Minimum Reserves $ 4,993.4 K
$ 91.5 K$ 111.4 K$ 172.9 K
$ 549.1 K $ 547.0 K
$ 744.9 K
$ 826.5 K
$ 960.8 K
$ 989.4 K
$ 0 K
$ 700 K
$ 1,400 K
$ 2,100 K
$ 2,800 K
$ 3,500 K
$ 4,200 K
$ 4,900 K
$ 5,600 K
$ 0 K
$ 200 K
$ 400 K
$ 600 K
$ 800 K
$ 1,000 K
$ 1,200 K
$ 1,400 K
$ 1,600 K
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Investment Income*
Actual Cumulative Budget Actual
River City Bank
Accounts
10%
California Asset Management
Program (CAMP)
90%
SVCE Accounts
*Includes investment income from SVCE Yield-bearing accounts plus interest on cash collateral *Adjusted to reflect Mid-year budget adjustments and additional program funding Item 1c
Ill
3

Page 2 ends

Summary of Actual Results vs. Budget (includes allocated but unspent program dollars):
> FYTD operating margin of $111.1 million or ~32% is above amended budget expectations of 24% operating margin for the fiscal year to date. > FYTD Power Supply costs are -11% below mid-year budget. > Retail GWh sales for the month and FYTD landed -13% and -0.1% below budget respectively.

Variance Explanation:
$ in thousands Actual Budget % Dif Actual Budget % Dif Main Drivers:

Revenue 45.9 M 53.9 M -15.0% 348.5 M 353.1 M -1.3%
Power Supply Cost 28.2 M 30.5 M -7.7% 237.4 M 267.2 M -11.2% Operating Margin 17.7 M 23.4 M -24.4% 111.1 M 85.8 M 29.5% Operating Expenses (ex Power) 1.9 M 2.4 M -20.8% 14.9 M 20.7 M -28.3% Other Non-Op. Expen. (Income) -1.0 M -0.4 M 176.2% 111.1 M 85.8 M 29.5% Net Increase in Available Fund
Balance 16.8 M 21.4 M -21.4% 68.2 M 33.2 M 105.1%
Customer Load Statistics:

Total Accounts 278,095
Opt-Out Accounts (Month) 42
Opt-Out Accounts (FYTD) 740
Opt-Up Accounts (Month) (3)
Opt-Up Accounts (FYTD) (23)
Program Funds:

General Program Fund
CRCR Fund*
Electrification Discount Fund
* Customer Relief and Community Resilience Fund
** 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. 14% lower than budgeted customer load for the month of June

SILICON VALLEY CLEAN ENERGY AUTHORITY
Financial Statement Highlights** ($ in millions)
June 30, 2023
June Fiscal YTD
February, April & May- mainly reflects the below budget net power supply cost and saving in all categories of other operating expenses.

March - mainly reflects stronger revenues due to higher than anticipated customer load
June - lower than estimated customer load due to below
historic-average temperatures.

Beginning Balance End Balance YTD Contributions YTD Expenditures Lower net open position and environmental costs compared to the mid-year budget . This is driven largely by forward prices used for the mid-year budget. Prices have decreased significantly. $ - $ 9,500,000 $ 9,500,000 $ -
January - the variance mainly reflects a big drop in prices from December'22 to January'23 resulting in $21.5M net power cost savings comparing to MY Budget estimations
$ 28,536,229 $ 48,039,994 $ 21,165,000 $ 1,661,235
$ 7,982,993 $ 9,189,832 $ 3,600,000 $ 2,393,161
Staffing vacancies, underrunning professional services, and lower marketing expenses Reflects higher Interest Income
716 K 876 K 572 K
21,610 K
5,650 K
3,920 K
1,859 K
4,320 K
-4,583 K
-8,000 K
-3,000 K
2,000 K
7,000 K
12,000 K
17,000 K
22,000 K
Oct Nov Dec Jan Feb Mar Apr May June
Net Increase in Available Fund Balance
Comparing Actuals to Mid-Year Budget
250,207 250,563
27,507 27,532
92%
93%
94%
95%
96%
97%
98%
-
50,000
100,000
150,000
200,000
250,000
300,000
Oct Nov Dec Jan Feb Mar Apr May Jun
Customer Accounts and Participation Rate
Res Accounts Com Accounts Customer Participation (Right Y-Axes) -9%
-6%
-3%
0%
3%
6%
9%
12%
15%
-
50 100
150
200
250
300
350
400
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Retail Sales - Actual vs Budget (GWh)
Retail Sales Actual (GWh)
Retail Sales Budget (GWh)
Load deviation from the Budget (Right Y-Axes)
Power Supply

93.3%
Personnel

2.8% Contract
Services

2.8%
G & A

1.0%
Depreciation

0.2%
YTD Operating Expenses
Item 1c
4 Current Assets
Cash & Cash Equivalents 271,233,191 $
Accounts Receivable, net of allowance 34,174,337
Accrued Revenue 32,100,348
Energy settlements receivable 840,467
Other Receivables 165,750
Prepaid Expenses 3,613,493
Deposits 26,892,325
Restricted cash 163,234
Total Current Assets 369,183,145
Noncurrent assets
Capital assets, net of depreciation 437,767
Lease asset, net of amortization 963,000
Deposits 45,130
Total Noncurrent Assets 1,445,897
Total Assets 370,629,042
Current Liabilities
Accounts Payable 979,575
Accrued Cost of Electricity 38,349,926
Other accrued liabilities 1,157,901
User Taxes and Energy Surcharges due to other gov'ts 1,395,733 Supplier securit deposits 8,051,250
Lease liability 501,963
Total Current Liabilities 50,436,348
Noncurrent Liabilities
Supplier security deposits 7,100,000
Lease liability 533,768
Total noncurrent liabilities 7,633,768
Total Liabilities 58,070,116
Net investment in capital assets 365,036
Restricted for security collateral 163,234
Unrestricted (deficit) 312,030,656
Total Net Position 312,558,926 $

NET POSITION

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF NET POSITION
As of June 30, 2023
ASSETS

LIABILITIES
Item 1c
5 OPERATING REVENUES
Electricity Sales, Net 346,938,483 $
GreenPrime electricity premium 1,092,567
Liquidated damages 1,134,600
Other income 35,656
TOTAL OPERATING REVENUES 349,201,306

OPERATING EXPENSES
Cost of Electricity 237,406,102
Contract services 7,640,221
Staff compensation and benefits 7,053,940
Other operating expenses 2,452,786
Depreciation 461,545
TOTAL OPERATING EXPENSES 255,014,594
OPERATING INCOME(LOSS) 94,186,712

NONOPERATING REVENUES (EXPENSES)
Grant income 716,553
Interest Income 4,993,407
Financing costs (21,268)
TOTAL NONOPERATING REVENUES (EXPENSES) 5,688,692
CHANGE IN NET POSITION 99,875,404
Net Position at beginning of period 212,683,522
Net Position at end of period 312,558,926 $

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES
October 1, 2022 through June 30, 2023

AND CHANGES IN NET POSITION
Item 1c
6 CASH FLOWS FROM OPERATING ACTIVITIES
Receipts from customers 368,712,203 $
Receipts from liquidated damages 1,134,600
Other operating receipts 27,539,496
Payments to suppliers for electricity (274,970,276)
Payments for other goods and services (11,193,033)
Payments for staff compensation and benefits (6,974,479) Tax and surcharge payments to other governments (6,215,473) Net cash provided (used) by operating activities 98,033,038

CASH FLOWS FROM NON-CAPITAL FINANCING ACTIVITIES
Grant revenue received 716,553
Finance costs paid (1,905)
Net cash provided (used) by financing activities 714,648

CASH FLOWS FROM CAPITAL AND RELATED

FINANCING ACTIVITIES
Acquisition of capital assets (180,441)

CASH FLOWS FROM INVESTING ACTIVITIES
Interest income received 4,993,407
Net change in cash and cash equivalents 103,560,652
Cash and cash equivalents at beginning of year 167,835,773 Cash and cash equivalents at end of period 271,396,425 $ Reconciliation to the Statement of Net Position
Cash and cash equivalents (unrestricted) 271,233,191 $
Restricted cash 163,234
Cash and cash equivalents $ 271,396,425

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF CASH FLOWS
October 1, 2022 through June 30, 2023
Item 1c
7 Operating Income (loss) 94,186,712 $
Adjustments to reconcile operating income to net cash
provided (used) by operating activities
Depreciation expense 461,545
(Increase) decrease in net accounts receivable 21,488,884 (Increase) decrease in other receivables (84,036)
(Increase) decrease in accrued revenue (6,591,650)
(Increase) decrease in energy settlements receivable (840,467) (Increase) decrease in prepaid expenses (2,635,565)
(Increase) decrease in current deposits (6,327,003)
Increase (decrease) in accounts payable (28,233)
Increase (decrease) in accrued cost of electricity 2,382,614 Increase (decrease) in accrued liabilities (313,949)
Increase (decrease) in energy settlements payable (87,550) Increase (decrease) in taxes and surcharges due to other governments (298,264) Increase (decrease) in supplier security deposits (3,280,000) Net cash provided (used) by operating activities 98,033,038 $

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 June 30, 2023
Item 1c
8 FYTD FYTD FY 2022-23 FY 2022-23 `
OPERATING REVENUES Actual Budget $ % Budget Remaining Budget Energy Sales $346,248,448 $352,215,288 -$5,966,840 -2% $522,853,000 $176,604,552 Green Prime Premium 1,092,567 813,132 $279,435 34% (37,567) 1,055,000 Liquidated damages 1,134,600 - $1,134,600 n/a - (1,134,600) Other Income 35,656 37,500 (1,844) -5% 50,000 14,344
TOTAL OPERATING REVENUES 348,511,271 353,065,920 (4,554,649) -1% 523,958,000 175,446,729

ENERGY EXPENSES
Power Supply 237,406,102 267,237,958 (29,831,856) -11% 392,436,000 155,029,898 Operating Margin 111,105,169 85,827,962 25,277,207 29% 131,522,000 20,416,831

31.9% 24.3%

OPERATING EXPENSES
Data Management 2,395,097 2,559,375 (164,278) -6% 3,413,000 1,017,903 PG&E Fees 883,988 1,102,500 (218,512) -20% 1,470,000 586,012 Salaries & Benefits 7,053,940 8,463,660 (1,409,720) -17% 11,285,000 4,231,060 Professional Services 2,337,064 6,080,944 (3,743,880) -62% 8,016,000 5,678,936 Marketing & Promotions 562,653 648,805 (86,152) -13% 862,000 299,347 Notifications 69,478 98,438 (28,960) -29% 131,000 61,522 Lease 388,303 393,750 (5,447) -1% 525,000 136,697
General & Administrative 1,186,391 1,392,851 (206,460) -15% 1,857,000 670,609 TOTAL OPERATING EXPENSES 14,876,914 20,740,323 (5,863,409) -28% 27,559,000 12,682,086 OPERATING INCOME/(LOSS) 96,228,255 65,087,639 31,140,616 48% 103,963,000 7,734,745

NON-OPERATING REVENUES
Investment Income 4,993,407 2,569,836 2,423,571 94% (1,123,407) 3,870,000 TOTAL NON-OPERATING REVENUES 4,993,407 2,569,836 2,423,571 94% (1,123,407) 3,870,000

NON-OPERATING EXPENSES
Financing 1,905 2,250 (345) -15% 3,000 1,095

CAPITAL EXPENDITURES, TRANSFERS,
& OTHER
Capital Outlay 180,442 150,000 30,442 20% 19,558 200,000 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 Multi Family Discount Programs 9,500,000 9,500,000 - 0% - 9,500,000 Electrification Discount Programs 9,500,000 9,500,000 - 0% - 9,500,000 Transfer to CRCR Fund 3,600,000 3,600,000 - 0% - 3,600,000 Transfer from CRCR Fund - customer bill relief (1,406,588) - (1,406,588) n/a - 1,406,588 TOTAL OTHER USES 33,038,854 34,415,000 (1,376,146) -4% 34,465,000 1,426,146

NET INCREASE(DECREASE) IN AVAILABLE
FUND BALANCE $68,180,903 $33,240,225 $34,940,678 105% $73,365,000 Variance

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through June 30, 2023
Item 1c
9 ADOPTED ACTUAL/

BUDGET ADOPTED
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfers in - General Programs 9,765,000 $ 9,765,000 $ - $ 100.0% Transfers in - Nuclear Allocation 1,900,000 $ 1,900,000 $ - $ 100.0% Transfers in - Multi-Family DI 9,500,000 $ 9,500,000 $ - $ 100.0% Total 21,165,000 $ 21,165,000 $ - $
EXPENDITURES & OTHER USES:

Program expenditures* 15,007,082 1,661,235 13,345,847 11.1% Net increase (decrease) in fund balance 6,157,918 $ $19,503,765 Fund balance at beginning of period 28,536,229
Fund balance at end of period $48,039,994

ADOPTED ACTUAL/

BUDGET ADOPTED
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer from Operating Fund 3,600,000 $ 3,600,000 $ - $ 100.0% EXPENDITURES & OTHER USES:

Customer bill relief credit 3,600,000 1,406,588 2,193,412 39.1% Other program expenditures 3,119,875 986,573 2,133,302 31.6% Total Program expenditures 6,719,875 2,393,161 4,326,714 Net increase (decrease) in fund balance (3,119,875) $ 1,206,839 Fund balance at beginning of period 7,982,993
Fund balance at end of period $9,189,832

ADOPTED ACTUAL/

BUDGET ADOPTED
REVENUE & OTHER SOURCES: BUDGET ACTUAL REMAINING BUDGET Transfer from Operating Fund * 9,500,000.00 $ 9,500,000.00 $ - $ 100.0% EXPENDITURES & OTHER USES:

Program expenditures * 100,000 - 100,000 0.0%
Net increase (decrease) in fund balance 9,400,000 $ 9,500,000 Fund balance at beginning of period -
Fund balance at end of period $9,500,000

ELECTRIFICATION DISCOUNT FUND

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through June 30, 2023

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGETARY COMPARISON SCHEDULE
October 1, 2022 through June 30, 2023

CUSTOMER RELIEF & COMMUNITY RESILIENCY FUND

PROGRAM FUND
BUDGETARY COMPARISON SCHEDULE*
October 1, 2022 through June 30, 2023
Item 1c
10 Net Increase (decrease) in available fund balance
per budgetary comparison schedule 68,180,903 $
Adjustments needed to reconcile to the changes
in net position in the Statement of Revenues,
Expenses and Changes in Net Position
Subtract depreciation expense (461,545)
Subract program expense not in operating budget (2,647,808) Add back GASB 87 expenses not in operating budget 358,412 Add back transfer to Program fund 34,265,000
Add back capital asset acquisition 180,442
Change in Net Position 99,875,404

SILICON VALLEY CLEAN ENERGY AUTHORITY

BUDGET RECONCILIATION TO STATEMENT OF

REVENUES, EXPENSES AND CHANGES IN NET POSITION
October 1, 2022 through June 30, 2023

OPERATING FUND
Item 1c
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 $ 39,756,116 $ 42,320,931 $ 40,149,296 $ 40,246,959 $ 33,407,866 $ 37,591,795 $ 44,585,837 $ 346,938,483 $ Green electricity premium 133,572 123,147 130,539 120,693 101,229 127,670 107,631 116,789 131,297 1,092,567 Liquidated damages - - - - - - - - 1,134,600
Other Income 2,250 15,255 - 2,250 5,651 2,750 1,000 3,500 3,000 35,656 Total operating revenues 35,418,846 33,735,061 39,886,655 42,443,874 40,256,176 40,377,379 33,516,497 37,712,084 45,854,734 - - - 349,201,306

OPERATING EXPENSES
Cost of electricity 23,218,378 21,819,493 35,364,953 35,834,118 26,012,142 25,276,392 20,879,201 20,825,057 28,176,368 237,406,102 Staff compensation and benefits 656,536 673,219 792,543 742,292 723,137 787,636 861,508 945,539 871,530 7,053,940 Data manager 265,853 265,687 265,535 265,615 266,006 266,325 266,110 266,680 267,286 2,395,097 Service fees - PG&E 98,200 98,021 98,152 98,182 98,159 98,157 98,346 98,412 98,359 883,988 Consultants and other professional fees 410,507 374,917 575,873 298,921 372,763 700,446 514,729 561,112 551,868 4,361,136 Other operating expenses 200,337 182,040 881,981 206,710 (17,169) 220,350 210,747 167,925 399,865 2,452,786 Depreciation 50,510 50,510 50,449 50,397 50,866 50,927 51,428 53,208 53,250 461,545 Total operating expenses 24,900,321 23,463,887 38,029,486 37,496,235 27,505,904 27,400,233 22,882,069 22,917,933 30,418,526 - - - 255,014,594 Operating income (loss) 10,271,174 10,518,525 1,857,169 4,947,639 12,750,272 12,977,146 10,634,428 14,794,151 15,436,208 - - - 94,186,712

NONOPERATING REVENUES (EXPENSES)
Grant income - - - 716,553 - - - - - 716,553
Interest income 91,459 111,370 172,923 549,063 546,985 744,934 826,490 960,822 989,361 4,993,407 Financing costs (2,428) (2,359) (4,010) (2,251) (2,152) (2,083) (2,023) (2,078) (1,884) (21,268) Total nonoperating revenues (expenses) 89,031 109,011 168,913 1,263,365 544,833 742,851 824,467 958,744 987,477 - - - 5,688,692 CHANGE IN NET POSITION 10,607,556 $ 10,380,185 $ 2,026,082 $ 6,211,004 $ 13,295,105 $ 13,719,997 $ 11,458,895 $ 15,752,895 $ 16,423,685 $ - $ - $ - $ 99,875,404 $

SILICON VALLEY CLEAN ENERGY AUTHORITY

STATEMENT OF REVENUES, EXPENSES

AND CHANGES IN NET POSITION
October 1, 2022 through June 30, 2023
Item 1c
12 Ending Balance of SVCE Accounts: Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts 208,116,692 $ 221,541,600 $ 227,161,983 $ 70,193,524 $ 66,497,950 $ 45,850,620 $ 23,833,640 $ 43,723,703 $ 26,483,735 $ - $ - $ - $ California Asset Management Program (CAMP) - $ - $ - $ 140,486,848 $ 140,996,992 $ 177,721,225 $ 216,512,539 $ 209,946,658 $ 244,922,370 $ - $ - $ - $ PFM Asset Management Investment Portfolio - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Total Ending Balance 208,116,692 $ 221,541,600 $ 227,161,983 $ 210,680,372 $ 207,494,943 $ 223,571,844 $ 240,346,179 $ 253,670,362 $ 271,406,105 $ - $ - $ - $ Return On Investments:

Annual % Yield Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts 0.50% 0.58% 0.85% 1.07% 1.44% 2.39% 2.77% 2.85% 2.97% California Asset Management Program (CAMP) 0.00% 0.00% 0.00% 4.53% 4.73% 4.80% 4.97% 5.16% 5.24% PFM Asset Management Investment Portfolio 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% Average Return On Investments: 0.50% 0.58% 0.85% 3.38% 3.68% 4.31% 4.75% 4.76% 5.02% Interest Earned Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep River City Bank Accounts 67,811 $ 86,193 $ 139,716 $ 54,891 $ 36,841 $ 13,057 $ 24,386 $ 15,153 $ 13,649 $ - $ - $ - $ California Asset Management Program (CAMP) - $ - $ - $ 486,848 $ 510,145 $ 724,233 $ 791,314 $ 934,120 $ 975,711 $ - $ - $ - $ PFM Asset Management Investment Portfolio - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ Total Interest/Div. Earned 67,811 $ 86,193 $ 139,716 $ 541,738 $ 546,985 $ 737,290 $ 815,701 $ 949,273 $ 989,361 $ - $ - $ - $ CAMP Portfolio Statistics
As of June 30, 2023
Beginning of the Month Market Value $ 209,946,658
Ending of The Month Market Value $ 244,922,370
Yield at Market 5.24% Weighted Average Maturity (days) 26

SILICON VALLEY CLEAN ENERGY AUTHORITY

INVESTMENTS SUMMARY
October 1, 2022 through June 30, 2023
Repurchase
Agreements,

38.5%
Certificates of
Deposit, 24.7%
Commercial
Paper, 28.8% US Agencies ,

0.3%
US Treasuries,

4.7%
Money Market
Funds, 1.6%
Corporate
Notes, 1.4%
Camp Pool Composition (based on market value) Comparison to Benchmark Chart will be included once we have 3 months of
return data with PFM
Item 1c
1 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept YTD Retail Sales Actual (GWh) 307 311 341 341 311 334 287 306 297 2,835 Retail Sales Budget (GWh) 315 308 331 336 295 309 290 313 340 358 369 342 2,838 Load deviation from the Budget (Right Y-Axes) -2.5% 1.1% 3.1% 1.3% 5.3% 8.2% -1.1% -2.3% -12.7% -0.1% Customer Participation Rate Res 96.4% 96.4% 96.4% 96.4% 96.3% 96.3% 96.3% 96.3% 96.3% Customer Participation Rate Com 96.7% 96.7% 96.7% 96.7% 96.7% 96.7% 96.7% 96.7% 96.7% Total Accounts 277,714 277,867 277,956 277,950 278,041 278,106 278,068 278,120 278,095 Opt-Out Accounts 74 62 99 126 137 69 77 54 42 740
Opt-Up Accounts -3 4 -6 -36 8 24 -7 -4 -3 -23

0.08 27.76
SVCE Arrearager Total for customers 31+ days late and 120+ days late Age Summary (as of 7/1/2023) Date Amount
<30 days $32,599,809 High 11/29/2021 $7.99M
<60 days $1,876,138 Low 4/17/2020 $2.54M
<90 days $1,033,582 Current 5/1/2023 $7.2 M
<120 days $693,571
Older $3,645,156
June 2023 FYTD
Accounts Receivable Days
28 Days
$39,848,255

SILICON VALLEY CLEAN ENERGY AUTHORITY

RETAIL SALES, CUSTOMER ACCOUNTS AND AGING REPORT
Bad Debt % (Actual)

0.22%

TOTAL DUE
Bad Debt % (Budget)

0.90%
• Green arrow indicates
receipt of $1.3M in Federal
CAPP funds.
• An additional $717K in
CAPP funding provided in Winter 2023.
• Growth at red arrow
indicates short-term PG&E
billing-hold issue in Fall
2022 that was quickly
resolved.
'17-'18 '18-'19 '19-'20 '20-'21 21-'22 22-'23 YTD
Total (L Axes) $308,552 $417,275 $415,187 $639,455 $885,995 $770,245 % Revenue 0.12% 0.14% 0.14% 0.25% 0.23% 0.22%
Av./Month (R Axes) $25,713 $34,773 $34,599 $53,288 $73,833 $64,187 $-
$10,000
$20,000
$30,000
$40,000
$50,000
$60,000
$70,000
$80,000
$90,000
$100,000
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
$800,000
$900,000
$1,000,000 SVCE Write-offs By Fiscal Year
Item 1c
IV§S’•s IUJ + S’
1/1/2020 2/1/2020 3/1/2020 4/1/2020 5/1/2020 6/1/2020 7/1/2020 8/1/2020 9/1/2020 10/1/2020 11/1/2020 12/1/2020 1/1/2021 2/1/2021 3/1/2021 4/1/2021 5/1/2021 6/1/2021 7/1/2021 8/1/2021 9/1/2021 10/1/2021 11/1/2021 12/1/2021 1/1/2022 2/1/2022 3/1/2022 4/1/2022 5/1/2022 6/1/2022 7/1/2022 8/1/2022 9/1/2022 10/1/2022 11/1/2022 12/1/2022 1/1/2023 2/1/2023 3/1/2023 4/1/2023 5/1/2023 6/1/2023 7/1/2023 1

Page 1 of 2 ends

Staff Report – Item 1d
Item 1d: Ratify Broker Transaction Expenses for Past Commodity Purchases From: Girish Balachandran, CEO
Prepared by: Zakary Liske, Senior Manager of Power Operations Monica Padilla, COO and Director of Power Resources
Date: 8/9/2023

RECOMMENDATION
Approval of Resolution No. 2023-12 ratifying broker expenses with Tullett Prebon, Equus Energy Group, and Karbone Inc. (“Brokers”) for past commodity transactions, in an amount totaling $390,024.55.

BACKGROUND
In order to effectively procure energy, resource adequacy and environmental attributes, SVCE has engaged various commodity brokers to facilitate transactions over the past four years. Each broker charges fees to facilitate the transactions, sometimes billing SVCE separately, and sometimes wrapped into the full commodity transaction cost.

To date, SVCE has incurred the following amounts with various Brokers:

Fees Paid Fiscal Year
Vendor 2019 2020 2021 2022 2023 Grand Total

EQUUS ENERGY
GROUP $3,123.12 $18,808.48 $1,496.25 $23,427.85
KARBONE INC. $12,125.00 $7,000.00 $19,125.00
TULLETT PREBON $53,406.00 $294,065.70 $347,471.70
Grand Total $12,125.00 $7,000.00 $3,123.12 $72,214.48 $295,561.95 $390,024.55 During recent discussions with general counsel around these broker-facilitated transactions, staff were advised that these prior payments to Brokers, when considered in aggregate, exceeded of the authority granted to the CEO through the Purchasing and Energy Risk Management policies.

ANALYSIS & DISCUSSION
During these discussions, General Counsel directed staff to notify the Executive Committee and Board of these breaches of policy. As the broker charges detailed in this item were known and agreed to by staff and the CEO at the respective times of the transactions but were not correctly accounted for in aggregate and presented to the Board for authorization, staff requests that the Board ratify these past expenses and certify their validity for SVCE’s records. On June 23, 2023, the Executive Committee recommended a resolution to be put on the Board of Directors Consent Calendar for the August 9, 2023 meeting. Between the Executive Committee meeting and Board of Directors meeting, several additional broker expenses were recognized to raise the total requested ratification from $357,515.55 to $390,024.55, which is reflected in the attached resolution.

In order to avoid future breaches of policy and clarify the cost of broker-facilitated commodity transactions, staff is also bringing to the Board in August updates to the Energy Risk Management Policy to clarify CEO Item 1d
SILICON VALLEY \3/ CLEAN ENERGY
Agenda Item: 1d Agenda Date: 8/9/2023

Page 2 of 2 ends

authority to execute broker-facilitated commodity transactions and pay any associated broker fees up to a specified not-to-exceed dollar limit per broker per fiscal year.

STRATEGIC PLAN
The proposal supports SVCE’s 2022-2023 Strategic Plan Goal 18, to “Commit to maintaining a strong financial position”, by recognizing actual expenses incurred and improving project oversight processes.

ALTERNATIVE
The Board may elect to not ratify the broker transactions exposing SVCE to operational risk. No other alternatives are known.

FISCAL IMPACT
This action will have no financial impact, as funds have already been paid to Brokers to facilitate commodity transactions.

ATTACHMENTS

1. Resolution No. 2023-12 Approving Broker Expenses for Equus Energy Group, Karbone Inc., And Tullett Prebon and Ratifying All Prior Actions Taken In Connection Therewith Item 1d
-1-

SILICON VALLEY CLEAN ENERGY AUTHORITY
RESOLUTION NO. 2023-12

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SILICON VALLEY

CLEAN ENERGY AUTHORITY APPROVING BROKER EXPENSES FOR EQUUS ENERGY GROUP, KARBONE INC., AND TULLETT PREBON AND RATIFYING

ALL PRIOR ACTIONS TAKEN IN CONNECTION THEREWITH

THE BOARD OF DIRECTORS OF THE SILICON VALLEY CLEAN ENERGY AUTHORITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the Silicon Valley Clean Energy Authority (“SVCE”) was formed on March 31, 2016, pursuant to a Joint Powers Agreement to promote, develop, conduct, operate, and manage energy programs in Santa Clara County; WHEREAS, in order to effectively procure energy, resource adequacy and environmental attributes, SVCE has engaged various commodity brokers to facilitate transactions over the past four years, with each broker charging fees to facilitate the transactions, sometimes billing SVCE separately, and sometimes wrapped into the full commodity transaction cost;
WHEREAS, SVCE has incurred the following fees with the following brokers, over the last four years: Equus Energy Group in the amount of $23,427.85, Karbone Inc. in the amount of $19,125.00, and Tullett Prebon in the amount of $347,471.70 (collectively, the “Broker Expenses”); and
WHEREAS, to the extent that the Broker Expenses exceed the Chief Executive Officer’s authority, the Executive Committee has recommended that the Board approve such Broker Expenses and ratify all actions taken in connection with such Broker Expenses.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SILICON

VALLEY CLEAN ENERGY AUTHORITY DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The Board hereby approves the Broker Expenses and ratifies all actions previously taken in connection with such Broker Expenses.

ADOPTED AND APPROVED this 9
th day of August 2023, by the following vote:

JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Scozzola
City of Cupertino Director Mohan
City of Gilroy Director Hilton
City of Los Altos Director Meadows
Town of Los Altos Hills Director Tyson
Item 1d
Attachment 1
-2-
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:
__________________________________
Clerk
Item 1d
Attachment 1

Page 1 of 3 ends

Staff Report – Item 1e
Item 1e: Adopt Resolution to Approve the Amended Energy Risk Management Policy From: Girish Balachandran, CEO
Prepared by: Amrit Singh, CFO and Director of Administrative Services Karthik Rajan, Senior Risk Manager
Date: 8/9/2023

RECOMMENDATION
Staff recommends that the Board adopt Resolution 2023-13 approving revisions to SVCE’s Energy Risk Management (ERM) Policy.

COMMITTEE RECOMMENDATIONS
The Executive Committee reviewed the changes to the ERM Policy at its June 26, 2023, meeting. The Committee asked clarifying questions about the proposed revisions and after discussion with Staff voted unanimously to recommend that the Board approve the revised Policy. Subsequent to the Executive Committee and based on Committee member recommendations to account for both existing transactions and potential brokered transactions in the future, SVCE staff revised the delegation of authority to the CEO for brokered transactions from $300K per broker per fiscal year to $500K per broker per fiscal year.

BACKGROUND
The purpose of the ERM Policy is to set the framework for managing market and credit risks associated with the energy procurement activities. The ERM Policy designates responsibility for risk identification, measurement, management, and reporting. It establishes the framework to ensure risks are appropriately managed and that SVCE achieves its mission and adheres to policies established by the SVCE Board of Directors.

The ERM Policy (Policy) requires that it be reviewed and updated as needed at least every two calendar years.

The last formal review of the policy occurred on November 10, 2021.

ANALYSIS & DISCUSSION
SVCE staff found that the current Policy is comprehensive but recommends the following changes to further strengthen risk management controls, clarify existing policy, and reflect current energy procurement activities.

Section 6.1 - Trader Authorization Process
Change: Add requirement that trading personnel must sign the trader integrity attestation.

Justification: To reduce operational risks and streamline process for acknowledgement of policy, conflict of interest and trader integrity attestation. New trading personnel would attest prior to trading while current employees would sign the acknowledgement once every two years or with major updates to the policy, whichever is earlier.

Item 1e
SILICON VALLEY \3/ CLEAN ENERGY
Agenda Item: 1e Agenda Date: 8/9/2023

Page 2 of 3 ends

Section 6.3 - Approved Transactions
Change: Refine the list of products to reflect current market conditions and SVCE hedging needs to include board-approved natural gas tolling deals.

Justification: Existing ERM Policy allows for tolling agreements. However, it is not explicit for gas tolling agreements and natural gas hedging transactions to manage the risk from the underlying gas position.

Section 6.3 - Approved Transactions
Change: Clarify the definition of allowed transactions to include both physical gas hedges and financially settled gas hedges needed to manage gas price risk from any board-approval natural gas tolling transactions.

Justification: Natural gas hedges are often financially settled transactions.

Section 6.5.2 - Authority Delegated to the CEO by the Board - Change: Update the delegation to include natural gas purchases needed to manage risks from board-approved gas tolls Justification: Enable the execution of natural gas hedges.

Section 6.5.2 - Authority Delegated to the CEO by the Board - Change: Include the authority delegated to the CEO by the board for brokered transactions Justification: SVCE needs to engage with brokers to enter into energy transactions especially for Resource Adequacy (RA) products which are often difficult to find given the tight RA market. Broker fees are often interwoven with energy product negotiations and are better addressed in this policy than in the Purchasing Policy (FP6). The fees for brokered transactions can exceed the $100k/ fiscal year allowed in the purchasing policy.

Section 6.5.4 - Limits of Authority Delegated to Authorized Personnel by the CEO Change: Notional value limits are inclusive of broker fees Justification: Broker fees are often combined with the payment for energy transactions.

Section 8 - Appendix A – Conflict of Interest to “Acknowledgement of ERM Policy, Declaration of Conflict of Interest and Trader Integrity Attestation”
Change: Consolidating policy acknowledgement, conflict of interest and trader integrity attestation into one document
Justification: Streamlining the process for authorized personnel acknowledgements.

STRATEGIC PLAN
The Policy supports the goals of the Board adopted Strategic Plan. Specifically, the Policy strongly supports:
• Acquire clean and reliable electricity in a cost effective, equitable, and sustainable manner. • Manage and optimize power supply resources to meet affordability, GHG reduction and reliability objectives.

Item 1e
Agenda Item: 1e Agenda Date: 8/9/2023

Page 3 of 3 ends

ALTERNATIVE
N/A

FISCAL IMPACT
Implementing the proposed updates to the Policy is not expected to have a fiscal impact.

ATTACHMENTS

1. Resolution 2023-13 Approving Revised Energy Risk Management Policy

2. Energy Risk Management Policy (Clean- No Redline)

3. Energy Risk Management Policy (Redline)
Item 1e
Resolution 2023-13 -1-

SILICON VALLEY CLEAN ENERGY AUTHORITY
RESOLUTION NO. 2023-13

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SILICON VALLEY CLEAN ENERGY AUTHORITY AMENDING THE AUTHORITY’S ENERGY RISK

MANAGEMENT POLICY

THE BOARD OF DIRECTORS OF THE SILICON VALLEY CLEAN ENERGY AUTHORITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the Silicon Valley Clean Energy Authority (“SVCE”) was formed on March 31, 2016, pursuant to a Joint Powers Agreement to promote, develop, conduct, operate, and manage energy programs in Santa Clara County; WHEREAS, launch of service for Phase I occurred in April 2017, and launch of service for the remaining Phases occurred in July 2017; WHEREAS, SVCE first adopted an Energy Risk Management Policy in February 2017, which allowed SVCE to transact in the California Independent System Operator (CAISO) congestion market;
WHEREAS, On May 10, 2017, the Board approved an updated and expanded Energy Risk Management Policy (“Policy”) to incorporate other provisions to address key issues such as trading authority, credit risk and hedging; WHEREAS, On January 9, 2019, the Board approved further revisions to the Policy to clarify the purpose of the Policy, simplify the document by eliminating operational items, and provide clear delegation of authority within the Policy; WHEREAS, by Resolution No. 2019-03 the Board delegated the authority to the CEO to execute confirmation agreements pursuant to Board-approved Master Agreements with several electricity suppliers, including (a) granting the Chief Executive Officer (“CEO”) authority to enter into confirmations for terms not greater than 60 months and (b) limiting the CEO’s transaction authority to purchases of product consistent with forecasted load and within the Energy Net Open Position Tolerance Bands as defined in the Policy and further directed by that Policy; WHEREAS, by Resolution No. 2019-08 the Board delegated authority to the CEO to execute a Cost-Sharing And Reimbursement Agreement (“Cost Sharing Agreement”) between five community choice aggregators (CCAs) including SVCE, Peninsula Clean Energy Authority, the City of San Jose, East Bay Community Energy Authority and Monterey Bay Community Power Authority; and to execute an Addendum for Resource Adequacy (RA) Services with the Alliance for Cooperative Energy Services Power Marketing LLC (ACES). Under the Cost Sharing Agreement and ACES Addendum, the five CCAs will receive aggregated resource adequacy management, procurement and regulatory compliance services in an effort to improve buying power and better meet California’s RA compliance requirements; Item 1e
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WHEREAS, On June 12, 2019, the Board approved further revisions to the Policy to clarify authority delegated to the CEO under Board-approved Master Agreements, to delegate expanded authority to the CEO to transact RA products with non-Master Agreement counterparties for up to 60 months and to limit CEO’s authority to set a maximum term limit for final delivery from date of execution; WHEREAS, On November 10, 2021, the Board approved further revisions to the Policy to update hedging tolerance bands, clarify portfolio management objectives, enhance reporting exceptions to compliance with Policy, add requirements to conduct stress tests, streamline the Resource Adequacy board delegation section, add requirements for staff to acknowledge Policy and declare conflict of interest; WHEREAS, Staff has provided to the Board, and the Board has reviewed, the attached revisions to the Policy that further strengthen risk management controls, clarify existing policy and, updates it for current energy procurement activities;

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SILICON

VALLEY CLEAN ENERGY AUTHORITY DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. The Board hereby amends the Energy Risk Management Policy as provided for in Exhibit A.

ADOPTED AND APPROVED this 9
th day of August 2023, by the following vote:

JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Scozzola
City of Cupertino Director Mohan
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:
__________________________________
Secretary
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Energy Risk Management Policy
Adopted: August 9,2023
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SILICON VALLEY

CLEAN ENERGY
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Table of Contents
Contents
1 General Provisions .................................................................................................3

1.1 Background and Purpose of Policy .....................................................................3

1.2 Scope of Business and Related Market Risks .......................................................3

1.3 Policy Administration .......................................................................................4

1.4 Policy Distribution ...........................................................................................4

1.5 Acknowledgement of ERM ................................................................................4 2 Risk Management Goals..........................................................................................4 3 Definition of Market Risks .......................................................................................5

3.1 Mark-to-Market Risk ........................................................................................5

3.2 Market Price Risk ............................................................................................5

3.3 Net Revenue Risk............................................................................................6

3.4 Counterparty Credit and Performance Risk.................................................................6

3.5 Load and Generation Volumetric Risk .................................................................7

3.6 Operational Risk..............................................................................................7

3.7 Liquidity Risk ..................................................................................................7

3.8 Regulatory/Legislative Risk...............................................................................8 4 Internal Control Principles .......................................................................................8

4.1 Segregation of duties.......................................................................................8

4.2 Additional Internal Controls ..............................................................................9 5 Risk Management Business Practices ...................................................................... 10

5.1 Risk Measurement Metrics and Reporting ......................................................... 10

5.2 Mark-to-Market Risk ...................................................................................... 11

5.3 Market Price Risk .......................................................................................... 11

5.4 Net Revenue Risk.......................................................................................... 12

5.5 Counterparty Credit and Performance Risk ....................................................... 12

5.6 Load and Generation Volumetric Risk ............................................................... 12

5.7 Operational Risk............................................................................................ 12

5.8 Liquidity Risk ................................................................................................ 13

5.9 Regulatory/Legislative Risk............................................................................. 13

5.10 Reporting..................................................................................................... 13 6 Authorized Transaction and Trading Limitations ....................................................... 13

6.1 Trader Authorization Process .......................................................................... 13

6.2 Approved Markets ......................................................................................... 14

6.3 Approved Transactions................................................................................... 14

6.4 Tolerance Bands ........................................................................................... 14

6.5 Authorized Trading Limits............................................................................... 15

6.5.1 Transacting Authority Retained by the Board .............................................. 15

6.5.2 Authority Delegated to the CEO by the Board ............................................. 15

6.5.3 Resource Adequacy Authority Delegated to the CEO by the Board ................. 16

6.5.4 Limits of Authority Delegated to Authorized Personnel by the CEO ................. 16

6.6 Conflict of Interest............................................................................................ 17 7 Risk Management Policy Governance ...................................................................... 18

7.1 SVCE Board of Directors................................................................................. 18

7.2 Risk Oversight Committee .............................................................................. 18

7.3 Internal Risk Oversight Committee .................................................................. 18 8 Appendix A: Notice of Conflict of Interest................................................................ 19 Item 1e
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1 General Provisions

1.1 Background and Purpose of Policy
Silicon Valley Clean Energy’s (SVCE) mission is to reduce dependence on fossil fuels by providing carbon free, affordable, and reliable electricity and innovative programs for the SVCE community.

This Energy Risk Management Policy (Policy) has been developed to help ensure that SVCE achieves its mission and adheres to policies established by the SVCE Board of Directors (Board), power supply and related contract commitments, good utility practice, and all applicable laws and regulations. SVCE is not engaged in the power supply business for profit and is, therefore, precluded by this Policy from engaging in many of the risk-taking activities typical to an organization orientated solely toward profit maximization.

This Policy defines SVCE’s general energy risk management framework and provides management with the authority to establish processes for monitoring, measuring, reporting, and controlling market and credit risks to which SVCE is exposed in its normal course of business.

1.2 Scope of Business and Related Market Risks
SVCE provides energy to retail customers in its service territory that entails business activities such as; bilateral purchases and sales of electricity under short-, medium- and long-term contracts; scheduling of load and generation of electricity into California Independent Systems Operator (CAISO) markets; retail marketing of electricity to consumers within its service territory; compliance with voluntary objectives and regulatory requirements as it relates to carbon free and renewable portfolio standard (RPS) compliant energy; participation in CAISO Congestion Revenue Rights (“CRRs”) market; managing the balance of load and generation over short, medium and long term horizons; and compliance with California Public Utilities Commission (CPUC) Resource Adequacy (RA) requirements.

Examples of energy market risks include, but are not limited to, the following:
• Mark-to-Market Risk
• Market Price Risk
• Net Revenue Risk
• Counterparty Credit and Performance Risk
• Load and Generation Volumetric Risk
• Operational Risk
• Liquidity Risk
• Regulatory/Legislative Risk
This Policy focuses on the following:
• Risk Management Goals and Principles
• Definitions of Risks
• Internal Control Principles
• Risk Management Business Practices
• Authorized Transaction and Trading Limitations
• Risk Management Governance
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This Policy does not address the following types of general business risk, which are treated separately in other official policies, ordinances, and regulations of SVCE: fire, accident and casualty; health, safety, and workers’ compensation; cybersecurity, general liability; and other such typically insurable perils. The term “risk management,” as used herein, is therefore understood to refer solely to energy market risks as herein defined, and not those other categories of risk.

1.3 Policy Administration
This Energy Risk Management Policy (Policy) is adopted by the SVCE Board of Directors and will be reviewed and updated as needed at least every two calendar years by SVCE’s Board.

The CEO is responsible for implementation of the Policy. The CEO is also responsible to develop Energy Risk Management Guidelines (Guidelines), which is required for staff to implement the Policy.

1.4 Policy Distribution
This Policy shall be distributed to all SVCE employees and third-party contractors who are engaged in the planning, procurement, sale and scheduling of electricity on SVCE’s behalf and/or in other SVCE departments providing oversight and support for these activities.

1.5 Acknowledgement of ERM
All SVCE staff participating in any activity or transaction within the scope of the ERM shall sign, upon joining or upon any material revision of the ERM policy, that such SVCE representative has:

Read the ERM;
Understands the terms and agreements of said ERM;
Will comply with said ERM;
SVCE employees who are within the scope of the ERM understand that any violation of said ERM may subject the employee to discipline up to and including termination of employment; 2 Risk Management Goals
Although SVCE does not engage in risk-taking activities typical in a for-profit organization, certain risks are incidental to the normal power supply operations and hedging activities.

SVCE’s policy is to manage risk inherent with serving load, including the risks associated with normal cost-hedging activities, those associated with participation in wholesale markets in general and the CAISO in particular.

The goals of energy risk management shall be to:

1. assist in achieving the business objectives in the Strategic Plan, Integrated Resource Plan (IRP) and Cash Reserve Policy including retail rate stability and competitiveness and the accumulation of financial reserves;

2. avoid losses and excessive costs which would materially impact the financial condition of SVCE;

3. establish the parameters for energy procurement and sales activity to obtain the best possible price while ensuring compliance with Board-approved policies;

4. identify specific cost, regulatory and legislative risks that could adversely affect SVCE’s ability to achieve its business objectives, and to the extent possible, quantify and measure performance against those risks;
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5. assist in assuring that market activities and transactions are undertaken in compliance with established procurement authorities, applicable laws, regulations and orders;

6. encourage the development and maintenance of a corporate culture at SVCE in which the proper balance is struck between control and facilitation and in which professionalism, discipline, technical skills and analytical rigor come together to achieve SVCE objectives; and

7. manage business risks to acceptable levels consistent with retail rate-setting, resource procurement and cash reserve management.

SVCE manages its energy resources and transactions to provide its customers with low-cost renewable, carbon free and other energy while at the same time minimizing risks. The risk management principles that SVCE will use include:

1. Undue exposure to CAISO or bilateral energy market volatility for the purpose of potentially achieving lower costs but at the risk that costs may, in fact, be much higher, will not be accepted.

2. Procurement and hedging strategy will be determined by analytical methods supplemented by experienced judgement. SVCE will use that experienced judgement and its analytical tools to assess system cost drivers such as weather, short term energy prices, load variation and operational constraints to manage timing and quantity of purchases and sales of energy and related services, consistent with the limits identified in this Policy.

3. When actions are taken that are consistent with this Policy and for the combined goal of low costs and optimized risk, those actions are considered to be consistent with the objectives of this Policy.

4. SVCE will not engage in transactions, without proper authorization, whose purpose is not tied to managing costs and risks or are outside of the limits identified in this Policy.
3 Definition of Market Risks
The term “market risks,” as used here, refers specifically to those categories of risk which relate to SVCE’s participation in wholesale and retail markets as a Load Serving Entity (LSE) and its interests in long-term contracts. Market risks include market price risk, counterparty credit and performance risk, load and generation volumetric risk, operational risk, liquidity risk, and regulatory and legislative risk. These categories are defined and explained as follows.

3.1 Mark-to-Market Risk
Mark-to-Market risk is the risk that wholesale trading positions, long-term supply contracts and generation resources may move “out of the money,” that is, become less valuable in comparison with similar positions, contracts, or resources obtainable at present prices.

These same positions can also be “in the money” if they become more valuable in comparison to similar positions, contracts, or resources obtainable at present market prices.

This valuation methodology is commonly referred to as “Mark-to-Market.” If SVCE is “out of the money” on a substantial portion of its contracts, it may have to charge higher retail rates. This may erode SVCE’s competitive position and market share if other market participants (e.g., Direct Access providers or PG&E) are able to procure power at a lower cost and offer lower retail electricity rates.

3.2 Market Price Risk
Market Price risk is the risk that market prices change, resulting in changes to energy Item 1e
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procurement cost. For example, the cost for the unhedged portion of a supply portfolio (net open position) will increase when market prices increase. Conversely, if resources are in excess to needs and market prices fall, the revenue expected from the sale of the surplus resources will decrease. In addition, uncertain market price relationships (locational risk) affect SVCE’s procurement costs.

A subcomponent of market price risk is market liquidity. Illiquid markets make it more difficult to buy or sell a commodity and can result in higher premiums on purchases or deeper discounts on sales.

Another dimension of market price risk is congestion risk. Congestion risks arise from the difference between the prices SVCE pays the CAISO to schedule its load and the prices SVCE receives from the CAISO for energy delivered by SVCE’s suppliers.

3.3 Net Revenue Risk
Net Revenues are the total of all revenues received (from retail sales to customers and from the sale of any energy products that were surplus or unneeded) less the total costs (including the costs of long-term contracts, forward transactions, and spot market purchases plus all other operating costs). Net Revenue Risk is the risk that any of those factors—revenues or costs—changes (e.g. changes in market prices or retail sales volumes, or failures of counterparties). Net Revenue is the “bottom line” for SVCE as it determines the financial viability of the authority.

One of the main components of net revenue risk is on the retail revenue side, which is at risk when customers opt out from service by SVCE and return to PG&E, or if customers choose to find another supplier through direct access opportunities that may arise. In addition, when the Power Charge Indifference Adjustment (PCIA) is changed, it directly affects SVCE’s bottom line if SVCE compensates by changing its retail rates.

3.4 Counterparty Credit and Performance Risk
Performance and credit risk refers to the inability or unwillingness of a counterparty to perform according to its contractual obligations or to extend credit. Failure to perform may arise if an energy supplier fails to deliver energy as agreed. There are four general performance and credit risk scenarios:

1. counterparties and wholesale suppliers may fail to deliver energy or environmental attributes, requiring SVCE to purchase replacement products elsewhere, possibly at a higher cost;

2. counterparties may fail to take delivery of energy or environmental attributes sold to them, necessitating a quick resale of the product elsewhere, possibly at a lower price;

3. counterparties may fail to pay for energy or environmental attributes delivered; and

4. counterparties and suppliers may refuse to extend credit to SVCE, possibly resulting in higher collateral posting costs impacting SVCE’s cash and bank lines of credit.

An important subcategory of credit risk is concentration risk. When a portfolio of positions and resources is concentrated in one or a very few counterparties, sources, or locations, it becomes more likely that major losses will be sustained in the event of non-performance by a counterparty or supplier or as a result of price fluctuations at one location.

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3.5 Load and Generation Volumetric Risk
Energy deliveries must be planned for based upon forecasted load adjusted for distribution line losses. SVCE forecasts load over the long and short term and enters into long- and short-term fixed-price energy contracts to hedge its load.

Load forecasting risks arises from inaccurate load forecasts and can result in the over or under procurement of energy and/or revenues that deviate from approved budgets. Energy delivery risk occurs if a generator fails to deliver expected or forecast energy. Variations in wind speed and cloud cover can also impact the amount of electricity generated by solar and wind resources, and occasional oversupply of power on the grid can lead to curtailment of energy deliveries or reduce revenue as a result of low or negative prices at energy delivery points. Weather is an important variable that can result in higher or lower electricity usage due to heating and cooling needs.

In the CAISO markets this situation can result in both oversupply and undersupply of electricity relative to SVCE’s load and the over or under scheduling of generation or load into the day ahead market relative to actual energy consumed or delivered in the real time market. Load and generation volumetric risk may result in unanticipated open positions and imbalance energy costs. Imbalance energy costs result from differences in the price or volume of generation or load scheduled into the day ahead market when compared to the price or volume of generation or load occurring in the real time market during that time period.

3.6 Operational Risk
Operational risk consists of the potential for failure to act effectively to plan, execute and control business activities. Operational risk includes the potential for:

1. organizational structure that is ineffective in addressing risk (i.e., the lack of sufficient authority to make and execute decisions, inadequate supervision, ineffective internal checks and balances, incomplete, inaccurate and untimely forecasts or reporting, failure to separate incompatible functions, etc.);

2. absence, shortage or loss of key personnel or lack of cross functional training;

3. lack or failure of facilities, equipment, systems and tools such as computers, software, communications links and data services;

4. exposure to litigation or sanctions resulting from violating laws and regulations, not meeting contractual obligations, failure to address legal issues and/or receive competent legal advice, not drafting and analyzing contracts effectively, etc.; and

5. errors or omissions in the conduct of business, including failure to execute transactions, violation of guidelines and directives, etc.

3.7 Liquidity Risk
Liquidity Risk is the risk that SVCE will be unable to meet its financial obligations. This can be caused by unexpected financial events and/or inaccurate pro forma calculations, rate analysis, and debt analysis. Some unexpected financial events impacting liquidity could include:

1. breach of SVCE credit covenants or thresholds; SVCE has credit covenants included in its banking and several short-term energy contracts. Breach of credit covenants or thresholds could result in the withdrawal of SVCE’s line of credit or trigger the requirement to post collateral;

2. calls for collateral from the CAISO or SVCE’s counterparties based on terms of Item 1e
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transacting agreements; and

3. from time-to-time SVCE may be the subject of legal or other claims arising from the normal course of business. Payment of a claim by SVCE could reduce SVCE’s liquidity if the cause of loss is not covered by SVCE’s insurance policies.

3.8 Regulatory/Legislative Risk
Regulatory risk encompasses market structure and operational risks associated with shifting state and federal regulatory policies, rules, and regulations that could negatively impact SVCE. Some examples are the potential increase of exit fees for customers served by Community Choice Aggregators such as SVCE that would result in higher electricity rates for SVCE’s customers, and the risk that the customers would select another supplier through an expanded Direct Access program.

Legislative risk is associated with actions by federal and state legislative bodies, such as any adverse changes or requirements that may infringe on SVCE’s autonomy, increase its costs, impact its customer base, or otherwise negatively impact SVCE’s ability to fulfill its mission. 4 Internal Control Principles
Internal controls shall be based on proven principles that meet or exceed the requirements of financial institutions and credit rating agencies and good utility practice. The required controls shall include all customary and usual business practices designed to prevent errors and improprieties, ensure accurate and timely reporting of results of operations and information pertinent to management, and facilitate attainment of business objectives.

These controls are currently and shall remain fully integrated into all activities of the business and shall be consistent with stated objectives.

4.1 Segregation of duties
One of the main aspects of internal controls is the segregation of duties to ensure that the staff person that executes a transaction is not the same person that evaluates or settles the transaction. Appropriate segregation of duties is to be established and maintained throughout the system of controls over financial risks. Senior management must be diligent in ensuring that appropriate segregation of duties is adhered to within the context of organizational changes, while considering staffing limitations, SVCE’s business model as a cost hedger, and the overall level of transactions with counterparties. Segregation of duties and functions between front, middle, and back-office activities is generally as follows:
• The Front Office is directly involved in resource planning, product procurement and sales transactions and implementation of strategies within authorized limits. • The Middle Office’s functions are related to risk management and counterparty credit. The primary responsibility is ensure that all products utilized and transaction activities are undertaken in compliance with current policy. • The Back Office is comprised of those functions responsible for verification, validation accounting, processing, reconciling, and settling all transactions.

Controls over inputs and systems operations are of particular importance in ensuring the integrity of data used in risk control and management. In all cases, there will be an appropriate segregation of duties or oversight to reduce the risk of error and/or fraud.

To the maximum extent practicable given SVCE’s business model and level of staffing, Front-Office activities will be functionally independent from Middle and BackOffice activities.

As a result, the Front Office will generally neither perform nor supervise Middle-Office Risk Management activities, or Back Office financial accounting or settlements. The Director of Item 1e
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Power Resources is responsible for ensuring the Front Office’s ability to perform tasks in compliance with this Policy. This arrangement will provide independent and regular management oversight for both risk-taking and risk-control activities. It will also allow for a clear separation of duties between the Front-Office transacting and Middle Office risk-control functions.

To the maximum extent practicable given SVCE’s business model and level of staffing, Middle Office activities will be functionally independent from all Front Office and Back Office activities. The Middle Office will have primary responsibility for risk management oversight and policy development and compliance. If there are not adequate resources necessary to fully support a Middle Office, this function may be combined with another function, or be supported by qualified third party advisors, provided that appropriate segregation of duties or sufficient internal controls are maintained at all times.

To the maximum extent practicable given SVCE’s business model and level of staffing, Back Office settlement activities will be functionally independent from all Front Office and Middle Office activities. The Back Office will have primary responsibility for all transaction confirmation, accounting, and reconciliation processes. If there are not adequate resources necessary to fully support a Back Office, this function may be combined with another function, or be supported by qualified third party advisors, provided that appropriate segregation of duties or sufficient internal controls are maintained at all times.

4.2 Additional Internal Controls
Besides segregation of duties, additional required operational control principles include the following, which the CEO shall implement by incorporating them into the ERM Guidelines and procedures:

1. Delegation of authority that is commensurate with responsibility and capability, and relevant training to ensure adequate knowledge to operate in and comply with rules associated with the markets in which they transact (e.g., CAISO). Contract origination, commercial approval, legal review, invoice validation, and transaction auditing shall be performed by separate staff or contractor for any single transaction.

No single staff member shall perform all these functions on any transaction.

2. Defining authorized products and transactions (see Section 6.3).

3. Defining procurement authority for any transactions for which procurement authority has not already been explicitly granted as set forth in SVCE’s Purchasing Policy and any Board Resolution delegating energy procurement authority (e.g. Resolution 2016-15 which delegates authority to the CEO to execute confirmation agreements with energy service providers with whom SVCE has executed Master Agreements).

4. Defining proper trade capture process for executing power supply contracts.

5. Complete and precise capture of transaction and other data, with standardization of electronic and hard copy documentation.

6. Meaningful summarization and accurate reporting of transactions and other activity at regular intervals.

7. Consultation with legal counsel on all legal issues related to this Policy.

8. Timely and accurate risk and performance measurement at regular intervals.

9. Regular compliance review to ensure that this Policy and the Guidelines are adhered to, with specific guidelines for resolving instances of noncompliance.

10. Active participation by senior management in risk management processes.

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5 Risk Management Business Practices

5.1 Risk Measurement Metrics and Reporting
A vital element of this Policy is the regular identification, measurement, and communication of risk. To effectively communicate risk, all risk management activities must be monitored on a frequent basis using risk measurement methodologies that quantify the risks associated with SVCE’s procurement-related business activities and performance relative to goals. SVCE measures and updates its risks using a variety of tools that model programmatic financial projections, market exposure and risk metrics, as well as through short term budget updates.

SVCE seeks to minimize financial exposure to higher-volatility spot market wholesale electricity using rolling hedges and net open position percentage bands. Financial exposure creates budget uncertainty. To mitigate the financial exposure to short-time horizon price volatility, SVCE continually reduces its financial exposure by reducing the quantity of energy in either open long or short positions.

The following items are measured, monitored, and reported:

1. Reserve Requirement Targets – on no less than an annual basis, SVCE staff will monitor SVCE’s reserves to ensure that they meet the targeted thresholds as outlined in SVCE’s Cash Reserve Policy.

2. Mark-to-Market Valuation – marking to market is the process of determining the current value of contracted supply. A mark-to-market valuation shall be performed at least on a monthly basis.

3. Exposure Reporting – calculates the notional dollar and/or probabilistic-based risk exposure of open portfolio positions at current market prices. The exposure risk calculation shall be performed at least on a monthly basis.

4. Open Position Monitoring – on a monthly basis, SVCE shall calculate/monitor its open positions for all energy and capacity products.

Consistent with the above, the Middle Office will develop reports and provide feedback to the Risk Oversight Committee. Risk measurement methodologies shall be re-evaluated on a periodic basis to ensure SVCE adjusts its methods to reflect the evolving competitive landscape.

In addition to ensuring the portfolio is within the approved hedge bands, portfolio management decisions are supported by risk metrics from simulations of future market conditions, loads, and other material risk drivers for the portfolio. The following probabilistic risk metrics are regularly calculated and reported:
• Net Revenue at Risk: Potential adverse changes in net revenues for a given time period and confidence level.
• Reserve Requirements at Risk: Potential adverse change in reserves for a given time period and confidence level.
• Potential Future Exposure for counterparty credit risk: Maximum Mark-to-market counterparty exposures for a given time period and confidence level. • Potential Collateral Exposure: Maximum of collateral that SVCE may have to post for a given time period and time horizon with a given counterparty.

Stress tests will used to understand the potential variability in SVCE’s projected procurement costs, and resulting retail rate impacts and competitive positioning, associated Item 1e
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with adverse scenarios of material risk drivers. The IROC will develop, and update as necessary, a set of plausible and forward-looking stress-tests based on SVCE’s portfolio and expected market conditions. The stress test analysis will complement other probabilistic metrics used to manage portfolio risks and its results will be distributed on at least an annual basis to the ROC.

5.2 Mark-to-Market Risk
SVCE manages its mark-to-market risk by comparing the current value of any wholesale trading positions and long-term supply contracts to the cost of the contracts. This is important if there are trading restrictions for entering into new transactions with certain counterparties based on the terms of the agreements and to counterparty credit limits.

Being aware of the Mark-to-Market of the portfolio is important as it provides an indication of the competitiveness of the portfolio.

5.3 Market Price Risk
SVCE manages market price risk by determining its Load and Resource Balance which defines forecasted load, energy under contract and SVCE’s open positions in various energy product types including renewable energy, carbon free energy, system power, and SVCE’s procurement targets.

SVCE determines its NOP by comparing the forecasted use to supply resources on a monthly basis. The NOP is exposed to potentially volatile market prices. The quantity of energy SVCE will contract for in each year is guided by the NOP tolerances. Market price risk is determined by evaluating how costs could increase (or decrease) if market prices were to reach high (or low) values.

SVCE minimizes financial exposure to higher-volatility spot market wholesale electricity prices by hedging its NOP according to the NOP tolerance bands in Section 6.4. To reduce this exposure, SVCE’s practice is to close its NOP (hedge at close to 100%) for the prompt month and quarter. The relatively tight prompt year tolerance band provides a high level of budget certainty. However, SVCE will continue to have some exposure to spot market prices due to the load changes and the difference between forecasted and actual load.

These differences result in a need to purchase or sell energy in the short-term markets.

In general, SVCE will seek to spread out its long-term purchases of renewable energy to diversify exposure to market conditions and reduce the risk of concentrating purchases in any one year.

For products generally purchased through short- and medium-term contracts, SVCE follows a similar strategy of diversifying contracting over the delivery horizon.

As predominantly a net buyer, SVCE manages its market liquidity risk through purchasing at different intervals and maintaining a diverse set of counterparties to transact with.

Congestion risk is managed through the contracting process with a preference for day ahead scheduling and energy delivery at the NP 15 trading hub and through resource assessment and selection. Once energy is procured SVCE manages congestion risks through the prudent management of Congestion Revenue Rights (CRRs). CRRs are financial instruments used to hedge against transmission congestion costs encountered in the CAISO day-ahead market.

SVCE uses a third-party scheduling coordinator to manage its CRR portfolio. SVCE uses CRRs to reduce its exposure to congestion and other CAISO charges and will not use CRRs for speculative purposes.

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5.4 Net Revenue Risk
SVCE manages net revenue risk by managing each of its contributing factors as described in other sections in this Policy—market price risk, load and generation volumetric risk, counterparty performance, etc. In addition, SVCE strives to provide competitively priced products that are valued by its customers to minimize opt out rates. Net revenue is monitored closely so that trend changes can be identified as early as possible and corrective action can be taken as appropriate.

5.5 Counterparty Credit and Performance Risk
SVCE evaluates and monitors the financial strength of service and energy providers.

Generally, SVCE manages its exposure to energy suppliers through a preference for counterparties with Investment Grade Credit ratings as determined by Moody’s or Standard and Poor’s and through the use of security requirements in the form of cash and letters of credit. SVCE measures its mark-to-market counterparty credit exposure consistent with industry best practices. Additionally, SVCE manages counterparty credit risk by monitoring and controlling collateral, letters of credit and other forms of credit calls on the agency as well as paying bills in a timely fashion to avoid defaulting on any term of an agreement.

5.6 Load and Generation Volumetric Risk
SVCE manages energy delivery risks by ensuring that contracts include appropriate contractual penalties for non-delivery, acquiring energy from a geographically and technologically diverse portfolio of generating assets with a range of generation profiles.

SVCE manages load forecasting and related weather risks by contracting with qualified data management and scheduling coordinators who together provide the systems and data necessary to forecast and schedule load using good utility practice. SVCE’s load scheduling strategy, as executed by its scheduling coordinator, ensures that price risk in the day ahead and real time CAISO markets is managed effectively and is consistent with good utility practice.

SVCE has contracted for long-term electricity resources including large hydroelectricity, renewable energy and storage to meet its RPS and clean goals. For many of these contracts, SVCE has scheduling coordination responsibilities and intends to work with Central Coast Community Energy (CCCE) to manage these resources.

SVCE’s generation scheduling strategy, as executed by its scheduling coordinator and in coordination with CCCE when necessary, ensures that the resources are scheduled to produce needed PCC1 renewable energy certificates; manage curtailment risk; meet the regulatory requirements for Resource Adequacy; and optimize energy value either in the day-ahead or real time market. To effectively manage these resources, SVCE will delegate limited authority to its scheduling coordinator within the guidelines of the board-approved operating agreement. The CEO will approve an operating plan for management of each of its Power Purchase Agreements.

5.7 Operational Risk
Operational risks are managed through:
• Adherence to this Policy and oversight of procurement activity; • Conformity to Employee Handbook;
• Staff resources, expertise and/or training reinforcing a culture of compliance; Item 1e
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• Ongoing and timely internal and external audits; and
• Cross-training amongst staff
• Authorized traders and others involved in any phase of transacting are prohibited to own stock in a current or potential counterparty to avoid a conflict of interest

5.8 Liquidity Risk
SVCE manages liquidity risk through adherence to its loan and power purchase agreement credit covenants, limiting commitments to provide security consistent with the Guidelines, ensuring it has adequate loan facilities, prudent cash and investment management, and adherence to its Cash Reserve Policy. SVCE monitors its liquidity (defined as unrestricted cash, investments and unused bank lines of credit) no less than weekly. SVCE utilizes scenario and sensitivity analyses while preparing budget, rate, and pro forma analyses in order to identify potential financial outcomes and ensure sufficient liquidity under adverse conditions.

5.9 Regulatory/Legislative Risk
SVCE manages its regulatory and legislative risk through active participation in working groups and advocacy coalitions such as the California Community Choice Association. SVCE regularly participates in regulatory rulemaking proceedings and legislative affairs to protect SVCE’s interests.

5.10 Reporting
Reporting of critical information to relevant parties is a key component of energy risk management. Periodic reports will be provided to the ROC that shall provide sufficient details on SVCE’s transactions, NOP, market exposure, credit exposure, counterparty credit ratings, transaction compliance, and other relevant data. The frequency and content of the reports for each oversight body shall be prescribed in the Energy Risk Management Guidelines.

Compliance exceptions are actions which violate the limits, and/or the procedures developed and approved by the ROC. For example, the risks associated with the portfolio or a specific transaction within the portfolio may fall outside of any established risk limit at a given point in time.

In the event a compliance exception occurs, the CEO is responsible for notifying the ROC within 24 hours via email after it is identified and ensure that the Front Office prepares a report (Exception Report) for the ROC at its next meeting. The Report shall identify the issue or violation, and discuss the alternative remedial actions, document the action taken in response, and describe the steps that will be taken to prevent a reoccurrence of the event.
6 Authorized Transaction and Trading Limitations

6.1 Trader Authorization Process
The Front Office shall request that the Middle Office begin the trader authorization process.

The Middle Office shall verify that the trader’s background and experience is sufficient to transact on behalf of SVCE. Before authorizing personnel to transact, the Middle Office shall:

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• Determine that the trader has sufficient understanding and experience of the energy markets in which SVCE participates.

Before commencing transaction on behalf of SVCE, every trader must sign the trader integrity attestation (see Appendix A) to:
• affirm that they are not currently under investigation for market manipulation • affirm that they have not been previously investigated for market manipulation.

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In addition to that, traders are expected to complete any energy risk management related training put forth by the Middle Office.

The Middle Office shall ,as part of the ERMGuidelines, maintain a list of the authorized trading personnel and records for each trader of:
• Acknowledgement of ERM Policy
• Declaration of Conflict of Interest and;
• Trader Integrity Attestation.

6.2 Approved Markets
Approved markets in which SVCE authorized traders can participate are as follows:
• California Independent System Operator (CAISO);
• Bilateral energy, attributes and capacity market;
• Western Electricity Coordinating Council (WECC); and
• California Air Resources Board (CARB) emissions/carbon auctions

6.3 Approved Transactions
Authorized transactions which SVCE authorized traders can utilize must be consistent with this Policy. Transactions must be directly related to the procurement and/or administration of:
• electric energy,
• Resource adequacy products,
• Storage capacity,
• Transmission products,
• ancillary services,
• congestion revenue rights (CRRs),
• renewable energy,
• Carbon-free energy and/or attributes
• renewable energy certificates (RECs),
• basis transactions,
• greenhouse gas emissions allowances,
• tolling agreements, & natural gas tolling agreements specifically approved by the board, • natural gas hedges needed to manage risks associated with board approved natural gas tolling agreements. This includes use of both physical and financially settled natural gas hedges and
• bilateral purchases of energy products.

Prohibited transactions are those transactions that are not related to serving retail electric load and/or reducing financial exposure. Speculative buying and selling of energy products is prohibited, including the use of financial derivatives such as but not limited to futures, swaps, options, and swaptions. Speculation is defined as buying energy more than forecasted load plus reasonable planning reserves or selling energy or environmental 14 15
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attributes that are not yet owned by SVCE. In no event shall speculative transactions be permitted.

6.4 Tolerance Bands
Hedging its load obligation is a key function for SVCE. The primary responsibility of the Front Office is to manage the energy portfolio by purchasing energy to hedge the cost of SVCE’s load obligation and managing SVCE’s portfolio of power resources to optimize value and load obligations. As described in Section 5.3 (Market Price Risk), SVCE ladders its energy purchases over time to access the market at different times. Every six months, the Front Office produces a Portfolio Management Plan that must be approved by the CEO. The Portfolio Management Plan must describe the current portfolio position, expected generation and variability, the recommended hedging transactions, the portfolio position after the transactions, and how the portfolio will remain within the Tolerance Bands in Table 1.Energy Hedging
SVCE will maintain Net Open Position (NOP) portfolio hedge levels within the tolerances outlined in Table 1 below:

Table 1 Calendar Year Energy NOP Tolerance Bands
Period* Minimum
Tolerance
Maximum
Tolerance
Prompt Quarter 85% 110%
Current Balance
of Year
80% 110%
Year 2 70% 90%
Year 3 55% 80%
Year 4 50% 80%
Year 5 50% 80%
*For example, if the current year calendar year is 2023, then Year 2 is 2024.

Resource Adequacy
SVCE must comply with the regulatory requirements for procurement of capacity products forResource Adequacy (RA) needs. SVCE endeavors to purchase RA products over time to meet its obligation and to diversify itspurchases between suppliers and market conditions.

Renewable Portfolio Standard and Carbon-free
With respect to purchases to meet the Renewable Portfolio Standard (RPS), SVCE is guided by its Strategic Plan, which states that purchases shall meet legislative and regulatory requirements, Board directives and shall be staggered to accommodate regulatory uncertainty, changes in load and supply price risks and that the RPS portfolio should be diversified with respect to technologies.

6.5 Authorized Trading Limits

6.5.1 Transacting Authority Retained by the Board
The Board retains the authority to approve:
• All transactions with terms of over 12 months unless it has explicitly delegated authority to the CEO;
• All transactions with terms of over 5 years; and
• Master Agreements under which the CEO is delegated authority to transact Item 1e
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6.5.2 Authority Delegated to the CEO by the Board
Under the Board-approved Purchasing Policy, the CEO is delegated the authority to approve and execute contracts for Energy Procurement for terms of less than or equal to 12 months, which the CEO shall timely report to the Board. In addition, under Resolution 2019-03, the Board delegates to the CEO the authority to enter into Confirmations for terms not greater than 60 months and limited to authorized transactions consistent with forecasted load and withinthe Energy Hedge Tolerance Bands (as defined in the ERM Policy).

Table 2 below lists the authorized trading limits to transact on behalf of SVCE for all non-resource adequacy related products. If the CEO delegates some of his authority, he must document any such delegations in the Energy Risk Management Guidelines. Table 3 below lists the authorized annual trading limits for broker fees per broker.

Table 2: Authority Delegated to the CEO by the Board
Product Term LimitMaturity
Limit
Volume Limit Counterparty
Limits
Who
Energy,
Capacity, and
CAISO Ancillary
Services
Day
Ahead
and
Real
Time
N/A As needed to
meet SVCE’s
expected load
obligations with
the CAISO
Any
counterparty
CEO
Gas Daily N/A As needed to
meet SVCE’s
obligations for
gas tolls*
Through the
counterparty
associated
with the toll
CEO
Energy(Power)
Gas,Capacity,
CRRs,and
Environmental
Products
Up to 12
months
18 months As needed to
meet SVCE’s
expected
load/gas toll
*needs
(per Purchasing
Policy)
Any
counterparty
CEO
Up to 60
months
72 months As needed to
meet SVCE’s
expected
load/gas toll*
needs
Board-approved
Master
Agreements
CEO
Over 60
months
As approved
by Board
As approved by
the Board
As approved by
the Board
Board
*natural gas hedges needed to manage risks associated with board approved natural gas tolling agreements
Table 3: Authority Delegated to the CEO by the Board for Brokered Transactions Transaction Type Fiscal Year Limit
Brokered Transactions Fees $500K of broker fee expense
per broker
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6.5.3 Resource Adequacy Authority Delegated to the CEO by the Board The CEO has the authority to meet resource adequacy requirements based on CPUC and CAISO guidelines. Failure to meet California’s RA compliance obligations may subject SVCE to hefty penalties.

To adequately and effectively meet RA requirements, the CEO needs a broad authority to transact for terms of up to five years and with a broad set of suppliers, including counterparties not under a Master Agreement. Table 4 lists the CEO’s authority for RA transactions, which may be delegated provided proper documentation is established by the CEO.

Table4: Resource Adequacy Authority Delegated to the CEO by the Board Product Term Limit Maturity Limit Volume Limit Counterparty Limit
Who
Resource
Adequacy
Up to 60
months
72 months As required to
comply
Any
counterparty
CEO

6.5.4 Limits of Authority Delegated to Authorized Personnel by the CEO The Front Office periodically prepares a needs assessment and develops a Portfolio Plan, which defines the transactions required to meet SVCE’s needs and to remain within the Tolerance Bands of Section 6.4. The CEO must approve the Portfolio Plan and may delegate some of his authority to Authorized Personnel (as determined according to the process described in Section 6.1).

Although the CEO may delegate some of his authority to Authorized Personnel, the Board limits the authority he can delegate as shown in Table 5 below:

Table 5: Limits of Authority Delegated to Authorized Personnel by the CEO Product Term Limit Notional Value Limit*
Energy, Capacity, and CAISO
Ancillary Services
Day Ahead and Real
Time
As needed to meet SVCE’s
obligations with the CAISO
Energy
Balance of the month $5 Million
Prompt month $7.5 Million
Up to 12 months $25 Million
Resource Adequacy Products,
CRRs
Prompt month As needed to meet SVCE’s
obligations
Balance of compliance
year
As needed to meet SVCE’s
obligations
Up to 12 months $15 Million
Environmental Products (Carbon Free
and Renewable Energy Resources)
Up to 12 months $15 Million
*Notional value limits are inclusive of broker fees

6.6 Conflict of Interest
All SVCE employees who are involved in any aspect of transacting for energy or energy-related resources are prohibited from investing in any company with whom SVCE transacts, including those with whom it has executed enabling agreements. Prior to engaging in evaluation of, negotiation with, transacting with, or oversight of a transaction or potential Item 1e
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transaction with any company, all involved employees must ensure that they are divested in direct holdings with that company. The ban on investment and requirement to divest is regardless of whether the investment would require disclosure on the employee’s FPPC Form 700.

SVCE employees will sign notice acknowledging policy regarding conflict of interest and report any existing or potential conflicts of interest (see Appendix A). 7 Risk Management Policy Governance

7.1 SVCE Board of Directors
The SVCE Board is responsible for adopting this Policy and reviewing it as needed every two calendar years. The Board also approves SVCE’s annual budget, contracting authorities and delegates responsibilities for the management of SVCE’s operations to its CEO.

7.2 Risk Oversight Committee
SVCE’s CEO formed the Risk Oversight Committee (ROC) and is responsible to inform the ROC about any risk management issues and to provide assurance that this Policy is implemented. The CEO shall provide the ROC information and analysis that illustrate that all transactions are consistent with the risk tolerances and that risk management controls and practices are sufficient to monitor and manage risks that SVCE is exposed to.

The ROC shall meet at least once per calendar quarter, or as otherwise called to order by the CEO.

The ROC shall from time to time review the Energy Risk Management Guidelines defining in detail the internal controls, strategies and processes for managing market risks incurred through or attendant upon wholesale trading, retail marketing, long-term contracting, CRR trading and load and generation scheduling. The ROC shall receive and review information and reports regarding risk management, wholesale trading transactions, and the administration of supply contracts. The ROC will also review counterparty credit lines and cash reserves to ensure proper levels are maintained for credit, operations and liquidity. In addition, the ROC shall review any instances of non-compliance with any provisions of the Policy or Guidelines.

7.3 Internal Risk Oversight Committee
The CEO formed the Internal Risk Oversight Committee (IROC) to review in more detail any risk management issues that arise. The IROC comprises members of the Front, Middle, and Back Office and is used to coordinate any activities related to transacting. The IROC regularly reviews SVCE’s risks and risk management strategies and assists the CEO to ensure that proper controls are in place. The IROC is responsible to develop, approve and update Energy Risk Management Guidelines that implement the Energy Risk Management Policy.

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8 Appendix A: Acknowledgement of ERM Policy,
Declaration of Conflict of Interest and Trader
Integrity Attestation
To:______________
Acknowledgement of ERM Policy
I acknowledge that I’ve read, understand, and will comply with SVCE’s Energy Risk Management Policy.

Declaration of Conflict of Interest
I understand that I am obligated to give notice in writing to Silicon Valley Clean Energy of any interest or relationship that I may have in any counterparty that seeks to do business with Silicon Valley Clean Energy, and to identify any real or potential conflict of interest such counterparty has or may have with regard to any existing or potential contract or transaction with Silicon Valley Clean Energy, within 48-hours of becoming aware of the conflict of interest.

I would like to declare the following existing/potential conflict of interest situation arising from the discharge of my duties concerning Silicon Valley Clean Energy activities covered by the scope of the ERM:
a) Persons/companies with whom/which I have official dealings and/or private interests:
b) Brief description of my duties which involved the persons/companies mentioned in item a) above.

Trader Integrity Attestation – Please complete this section if you trade on behalf of SVCE Yes No : Are you currently under investigation for market manipulation? Yes No : Were you previously investigated for market manipulation ? Position and Name:

Signature:

Date:

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Energy Risk Management Policy
Adopted: Adopted:

November 10th,
2021August 9,2023
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SILICON VALLEY

CLEAN ENERGY
2 Adopted: November 10, 2021
Proposed for Adoption: August 2023
Table of Contents
Contents
1 General Provisions .................................................................................................3

1.1 Background and Purpose of Policy .....................................................................3

1.2 Scope of Business and Related Market Risks .......................................................3

1.3 Policy Administration .......................................................................................4

1.4 Policy Distribution ...........................................................................................4

1.5 Acknowledgement of ERM ................................................................................4 2 Risk Management Goals..........................................................................................4 3 Definition of Market Risks .......................................................................................5

3.1 Mark-to-Market Risk ........................................................................................5

3.2 Market Price Risk ............................................................................................5

3.3 Net Revenue Risk............................................................................................6

3.4 Counterparty Credit and Performance Risk.................................................................6

3.5 Load and Generation Volumetric Risk .................................................................7

3.6 Operational Risk..............................................................................................7

3.7 Liquidity Risk ..................................................................................................7

3.8 Regulatory/Legislative Risk...............................................................................8 4 Internal Control Principles .......................................................................................8

4.1 Segregation of duties.......................................................................................8

4.2 Additional Internal Controls ..............................................................................9 5 Risk Management Business Practices ...................................................................... 10

5.1 Risk Measurement Metrics and Reporting ......................................................... 10

5.2 Mark-to-Market Risk ...................................................................................... 11

5.3 Market Price Risk .......................................................................................... 11

5.4 Net Revenue Risk.......................................................................................... 12

5.5 Counterparty Credit and Performance Risk ....................................................... 12

5.6 Load and Generation Volumetric Risk ............................................................... 12

5.7 Operational Risk............................................................................................ 12

5.8 Liquidity Risk ................................................................................................ 13

5.9 Regulatory/Legislative Risk............................................................................. 13

5.10 Reporting..................................................................................................... 13 6 Authorized Transaction and Trading Limitations ....................................................... 13

6.1 Trader Authorization Process .......................................................................... 13

6.2 Approved Markets ......................................................................................... 14

6.3 Approved Transactions................................................................................... 14

6.4 Tolerance Bands ........................................................................................... 14

6.5 Authorized Trading Limits............................................................................... 15

6.5.1 Transacting Authority Retained by the Board .............................................. 15

6.5.2 Authority Delegated to the CEO by the Board ............................................. 15

6.5.3 Resource Adequacy Authority Delegated to the CEO by the Board ................. 16

6.5.4 Limits of Authority Delegated to Authorized Personnel by the CEO ................. 16

6.6 Conflict of Interest............................................................................................ 17 7 Risk Management Policy Governance ...................................................................... 18

7.1 SVCE Board of Directors................................................................................. 18

7.2 Risk Oversight Committee .............................................................................. 18

7.3 Internal Risk Oversight Committee .................................................................. 18 8 Appendix A: Notice of Conflict of Interest................................................................ 19 Item 1e
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1 General Provisions

1.1 Background and Purpose of Policy
Silicon Valley Clean Energy’s (SVCE) mission is to reduce dependence on fossil fuels by providing carbon free, affordable, and reliable electricity and innovative programs for the SVCE community.

This Energy Risk Management Policy (Policy) has been developed to help ensure that SVCE achieves its mission and adheres to policies established by the SVCE Board of Directors (Board), power supply and related contract commitments, good utility practice, and all applicable laws and regulations. SVCE is not engaged in the power supply business for profit and is, therefore, precluded by this Policy from engaging in many of the risk-taking activities typical to an organization orientated solely toward profit maximization.

This Policy defines SVCE’s general energy risk management framework and provides management with the authority to establish processes for monitoring, measuring, reporting, and controlling market and credit risks to which SVCE is exposed in its normal course of business.

1.2 Scope of Business and Related Market Risks
SVCE provides energy to retail customers in its service territory that entails business activities such as; bilateral purchases and sales of electricity under short-, medium- and long-term contracts; scheduling of load and generation of electricity into California Independent Systems Operator (CAISO) markets; retail marketing of electricity to consumers within its service territory; compliance with voluntary objectives and regulatory requirements as it relates to carbon free and renewable portfolio standard (RPS) compliant energy; participation in CAISO Congestion Revenue Rights (“CRRs”) market; managing the balance of load and generation over short, medium and long term horizons; and compliance with California Public Utilities Commission (CPUC) Resource Adequacy (RA) requirements.

Examples of energy market risks include, but are not limited to, the following:
• Mark-to-Market Risk
• Market Price Risk
• Net Revenue Risk
• Counterparty Credit and Performance Risk
• Load and Generation Volumetric Risk
• Operational Risk
• Liquidity Risk
• Regulatory/Legislative Risk
This Policy focuses on the following:
• Risk Management Goals and Principles
• Definitions of Risks
• Internal Control Principles
• Risk Management Business Practices
• Authorized Transaction and Trading Limitations
• Risk Management Governance
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This Policy does not address the following types of general business risk, which are treated separately in other official policies, ordinances, and regulations of SVCE: fire, accident and casualty; health, safety, and workers’ compensation; cybersecurity, general liability; and other such typically insurable perils. The term “risk management,” as used herein, is therefore understood to refer solely to energy market risks as herein defined, and not those other categories of risk.

1.3 Policy Administration
This Energy Risk Management Policy (Policy) is adopted by the SVCE Board of Directors and will be reviewed and updated as needed at least every two calendar years by SVCE’s Board.

The CEO is responsible for implementation of the Policy. The CEO is also responsible to develop Energy Risk Management Guidelines (Guidelines), which is required for staff to implement the Policy.

1.4 Policy Distribution
This Policy shall be distributed to all SVCE employees and third-party contractors who are engaged in the planning, procurement, sale and scheduling of electricity on SVCE’s behalf and/or in other SVCE departments providing oversight and support for these activities.

1.5 Acknowledgement of ERM
All SVCE staff participating in any activity or transaction within the scope of the ERM shall sign, upon joining or upon any material revision of the ERM policy, that such SVCE representative has:

Read the ERM;
Understands the terms and agreements of said ERM;
Will comply with said ERM;
SVCE employees who are within the scope of the ERM understand that any violation of said ERM may subject the employee to discipline up to and including termination of employment; 2 Risk Management Goals
Although SVCE does not engage in risk-taking activities typical in a for-profit organization, certain risks are incidental to the normal power supply operations and hedging activities.

SVCE’s policy is to manage risk inherent with serving load, including the risks associated with normal cost-hedging activities, those associated with participation in wholesale markets in general and the CAISO in particular.

The goals of energy risk management shall be to:

1. assist in achieving the business objectives in the Strategic Plan, Integrated Resource Plan (IRP) and Cash Reserve Policy including retail rate stability and competitiveness and the accumulation of financial reserves;

2. avoid losses and excessive costs which would materially impact the financial condition of SVCE;

3. establish the parameters for energy procurement and sales activity to obtain the best possible price while ensuring compliance with Board-approved policies;

4. identify specific cost, regulatory and legislative risks that could adversely affect Item 1e
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SVCE’s ability to achieve its business objectives, and to the extent possible, quantify and measure performance against those risks;
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5. assist in assuring that market activities and transactions are undertaken in compliance with established procurement authorities, applicable laws, regulations and orders;

6. encourage the development and maintenance of a corporate culture at SVCE in which the proper balance is struck between control and facilitation and in which professionalism, discipline, technical skills and analytical rigor come together to achieve SVCE objectives; and

7. manage business risks to acceptable levels consistent with retail rate-setting, resource procurement and cash reserve management.

SVCE manages its energy resources and transactions to provide its customers with low-cost renewable, carbon free and other energy while at the same time minimizing risks. The risk management principles that SVCE will use include:

1. Undue exposure to CAISO or bilateral energy market volatility for the purpose of potentially achieving lower costs but at the risk that costs may, in fact, be much higher, will not be accepted.

2. Procurement and hedging strategy will be determined by analytical methods supplemented by experienced judgement. SVCE will use that experienced judgement and its analytical tools to assess system cost drivers such as weather, short term energy prices, load variation and operational constraints to manage timing and quantity of purchases and sales of energy and related services, consistent with the limits identified in this Policy.

3. When actions are taken that are consistent with this Policy and for the combined goal of low costs and optimized risk, those actions are considered to be consistent with the objectives of this Policy.

4. SVCE will not engage in transactions, without proper authorization, whose purpose is not tied to managing costs and risks or are outside of the limits identified in this Policy.
3 Definition of Market Risks
The term “market risks,” as used here, refers specifically to those categories of risk which relate to SVCE’s participation in wholesale and retail markets as a Load Serving Entity (LSE) and its interests in long-term contracts. Market risks include market price risk, counterparty credit and performance risk, load and generation volumetric risk, operational risk, liquidity risk, and regulatory and legislative risk. These categories are defined and explained as follows.

3.1 Mark-to-Market Risk
Mark-to-Market risk is the risk that wholesale trading positions, long-term supply contracts and generation resources may move “out of the money,” that is, become less valuable in comparison with similar positions, contracts, or resources obtainable at present prices.

These same positions can also be “in the money” if they become more valuable in comparison to similar positions, contracts, or resources obtainable at present market prices.

This valuation methodology is commonly referred to as “Mark-to-Market.” If SVCE is “out of the money” on a substantial portion of its contracts, it may have to charge higher retail rates. This may erode SVCE’s competitive position and market share if other market participants (e.g., Direct Access providers or PG&E) are able to procure power at a lower cost and offer lower retail electricity rates.

3.2 Market Price Risk
Market Price risk is the risk that market prices change, resulting in changes to energy Item 1e
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procurement cost. For example, the cost for the unhedged portion of a supply portfolio (net open position) will increase when market prices increase. Conversely, if resources are in excess to needs and market prices fall, the revenue expected from the sale of the surplus resources will decrease. In addition, uncertain market price relationships (locational risk) affect SVCE’s procurement costs.

A subcomponent of market price risk is market liquidity. Illiquid markets make it more difficult to buy or sell a commodity and can result in higher premiums on purchases or deeper discounts on sales.

Another dimension of market price risk is congestion risk. Congestion risks arise from the difference between the prices SVCE pays the CAISO to schedule its load and the prices SVCE receives from the CAISO for energy delivered by SVCE’s suppliers.

3.3 Net Revenue Risk
Net Revenues are the total of all revenues received (from retail sales to customers and from the sale of any energy products that were surplus or unneeded) less the total costs (including the costs of long-term contracts, forward transactions, and spot market purchases plus all other operating costs). Net Revenue Risk is the risk that any of those factors—revenues or costs—changes (e.g. changes in market prices or retail sales volumes, or failures of counterparties). Net Revenue is the “bottom line” for SVCE as it determines the financial viability of the authority.

One of the main components of net revenue risk is on the retail revenue side, which is at risk when customers opt out from service by SVCE and return to PG&E, or if customers choose to find another supplier through direct access opportunities that may arise. In addition, when the Power Charge Indifference Adjustment (PCIA) is changed, it directly affects SVCE’s bottom line if SVCE compensates by changing its retail rates.

3.4 Counterparty Credit and Performance Risk
Performance and credit risk refers to the inability or unwillingness of a counterparty to perform according to its contractual obligations or to extend credit. Failure to perform may arise if an energy supplier fails to deliver energy as agreed. There are four general performance and credit risk scenarios:

1. counterparties and wholesale suppliers may fail to deliver energy or environmental attributes, requiring SVCE to purchase replacement products elsewhere, possibly at a higher cost;

2. counterparties may fail to take delivery of energy or environmental attributes sold to them, necessitating a quick resale of the product elsewhere, possibly at a lower price;

3. counterparties may fail to pay for energy or environmental attributes delivered; and

4. counterparties and suppliers may refuse to extend credit to SVCE, possibly resulting in higher collateral posting costs impacting SVCE’s cash and bank lines of credit.

An important subcategory of credit risk is concentration risk. When a portfolio of positions and resources is concentrated in one or a very few counterparties, sources, or locations, it becomes more likely that major losses will be sustained in the event of non-performance by a counterparty or supplier or as a result of price fluctuations at one location.

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3.5 Load and Generation Volumetric Risk
Energy deliveries must be planned for based upon forecasted load adjusted for distribution line losses. SVCE forecasts load over the long and short term and enters into long- and short-term fixed-price energy contracts to hedge its load.

Load forecasting risks arises from inaccurate load forecasts and can result in the over or under procurement of energy and/or revenues that deviate from approved budgets. Energy delivery risk occurs if a generator fails to deliver expected or forecast energy. Variations in wind speed and cloud cover can also impact the amount of electricity generated by solar and wind resources, and occasional oversupply of power on the grid can lead to curtailment of energy deliveries or reduce revenue as a result of low or negative prices at energy delivery points. Weather is an important variable that can result in higher or lower electricity usage due to heating and cooling needs.

In the CAISO markets this situation can result in both oversupply and undersupply of electricity relative to SVCE’s load and the over or under scheduling of generation or load into the day ahead market relative to actual energy consumed or delivered in the real time market. Load and generation volumetric risk may result in unanticipated open positions and imbalance energy costs. Imbalance energy costs result from differences in the price or volume of generation or load scheduled into the day ahead market when compared to the price or volume of generation or load occurring in the real time market during that time period.

3.6 Operational Risk
Operational risk consists of the potential for failure to act effectively to plan, execute and control business activities. Operational risk includes the potential for:

1. organizational structure that is ineffective in addressing risk (i.e., the lack of sufficient authority to make and execute decisions, inadequate supervision, ineffective internal checks and balances, incomplete, inaccurate and untimely forecasts or reporting, failure to separate incompatible functions, etc.);

2. absence, shortage or loss of key personnel or lack of cross functional training;

3. lack or failure of facilities, equipment, systems and tools such as computers, software, communications links and data services;

4. exposure to litigation or sanctions resulting from violating laws and regulations, not meeting contractual obligations, failure to address legal issues and/or receive competent legal advice, not drafting and analyzing contracts effectively, etc.; and

5. errors or omissions in the conduct of business, including failure to execute transactions, violation of guidelines and directives, etc.

3.7 Liquidity Risk
Liquidity Risk is the risk that SVCE will be unable to meet its financial obligations. This can be caused by unexpected financial events and/or inaccurate pro forma calculations, rate analysis, and debt analysis. Some unexpected financial events impacting liquidity could include:

1. breach of SVCE credit covenants or thresholds; SVCE has credit covenants included in its banking and several short-term energy contracts. Breach of credit covenants or thresholds could result in the withdrawal of SVCE’s line of credit or trigger the requirement to post collateral;

2. calls for collateral from the CAISO or SVCE’s counterparties based on terms of Item 1e
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transacting agreements; and

3. from time-to-time SVCE may be the subject of legal or other claims arising from the normal course of business. Payment of a claim by SVCE could reduce SVCE’s liquidity if the cause of loss is not covered by SVCE’s insurance policies.

3.8 Regulatory/Legislative Risk
Regulatory risk encompasses market structure and operational risks associated with shifting state and federal regulatory policies, rules, and regulations that could negatively impact SVCE. Some examples are the potential increase of exit fees for customers served by Community Choice Aggregators such as SVCE that would result in higher electricity rates for SVCE’s customers, and the risk that the customers would select another supplier through an expanded Direct Access program.

Legislative risk is associated with actions by federal and state legislative bodies, such as any adverse changes or requirements that may infringe on SVCE’s autonomy, increase its costs, impact its customer base, or otherwise negatively impact SVCE’s ability to fulfill its mission. 4 Internal Control Principles
Internal controls shall be based on proven principles that meet or exceed the requirements of financial institutions and credit rating agencies and good utility practice. The required controls shall include all customary and usual business practices designed to prevent errors and improprieties, ensure accurate and timely reporting of results of operations and information pertinent to management, and facilitate attainment of business objectives.

These controls are currently and shall remain fully integrated into all activities of the business and shall be consistent with stated objectives.

4.1 Segregation of duties
One of the main aspects of internal controls is the segregation of duties to ensure that the staff person that executes a transaction is not the same person that evaluates or settles the transaction. Appropriate segregation of duties is to be established and maintained throughout the system of controls over financial risks. Senior management must be diligent in ensuring that appropriate segregation of duties is adhered to within the context of organizational changes, while considering staffing limitations, SVCE’s business model as a cost hedger, and the overall level of transactions with counterparties. Segregation of duties and functions between front, middle, and back-office activities is generally as follows:
• The Front Office is directly involved in resource planning, product procurement and sales transactions and implementation of strategies within authorized limits. • The Middle Office’s functions are related to risk management and counterparty credit. The primary responsibility is ensure that all products utilized and transaction activities are undertaken in compliance with current policy. • The Back Office is comprised of those functions responsible for verification, validation accounting, processing, reconciling, and settling all transactions.

Controls over inputs and systems operations are of particular importance in ensuring the integrity of data used in risk control and management. In all cases, there will be an appropriate segregation of duties or oversight to reduce the risk of error and/or fraud.

To the maximum extent practicable given SVCE’s business model and level of staffing, Front-Office activities will be functionally independent from Middle and BackOffice activities.

As a result, the Front Office will generally neither perform nor supervise Middle-Office Risk Management activities, or Back Office financial accounting or settlements. The Director of Item 1e
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Power Resources is responsible for ensuring the Front Office’s ability to perform tasks in compliance with this Policy. This arrangement will provide independent and regular management oversight for both risk-taking and risk-control activities. It will also allow for a clear separation of duties between the Front-Office transacting and Middle Office risk-control functions.

To the maximum extent practicable given SVCE’s business model and level of staffing, Middle Office activities will be functionally independent from all Front Office and Back Office activities. The Middle Office will have primary responsibility for risk management oversight and policy development and compliance. If there are not adequate resources necessary to fully support a Middle Office, this function may be combined with another function, or be supported by qualified third party advisors, provided that appropriate segregation of duties or sufficient internal controls are maintained at all times.

To the maximum extent practicable given SVCE’s business model and level of staffing, Back Office settlement activities will be functionally independent from all Front Office and Middle Office activities. The Back Office will have primary responsibility for all transaction confirmation, accounting, and reconciliation processes. If there are not adequate resources necessary to fully support a Back Office, this function may be combined with another function, or be supported by qualified third party advisors, provided that appropriate segregation of duties or sufficient internal controls are maintained at all times.

4.2 Additional Internal Controls
Besides segregation of duties, additional required operational control principles include the following, which the CEO shall implement by incorporating them into the ERM Guidelines and procedures:

1. Delegation of authority that is commensurate with responsibility and capability, and relevant training to ensure adequate knowledge to operate in and comply with rules associated with the markets in which they transact (e.g., CAISO). Contract origination, commercial approval, legal review, invoice validation, and transaction auditing shall be performed by separate staff or contractor for any single transaction.

No single staff member shall perform all these functions on any transaction.

2. Defining authorized products and transactions (see Section 6.3).

3. Defining procurement authority for any transactions for which procurement authority has not already been explicitly granted as set forth in SVCE’s Purchasing Policy and any Board Resolution delegating energy procurement authority (e.g. Resolution 2016-15 which delegates authority to the CEO to execute confirmation agreements with energy service providers with whom SVCE has executed Master Agreements).

4. Defining proper trade capture process for executing power supply contracts.

5. Complete and precise capture of transaction and other data, with standardization of electronic and hard copy documentation.

6. Meaningful summarization and accurate reporting of transactions and other activity at regular intervals.

7. Consultation with legal counsel on all legal issues related to this Policy.

8. Timely and accurate risk and performance measurement at regular intervals.

9. Regular compliance review to ensure that this Policy and the Guidelines are adhered to, with specific guidelines for resolving instances of noncompliance.

10. Active participation by senior management in risk management processes.

Item 1e
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5 Risk Management Business Practices

5.1 Risk Measurement Metrics and Reporting
A vital element of this Policy is the regular identification, measurement, and communication of risk. To effectively communicate risk, all risk management activities must be monitored on a frequent basis using risk measurement methodologies that quantify the risks associated with SVCE’s procurement-related business activities and performance relative to goals. SVCE measures and updates its risks using a variety of tools that model programmatic financial projections, market exposure and risk metrics, as well as through short term budget updates.

SVCE seeks to minimize financial exposure to higher-volatility spot market wholesale electricity using rolling hedges and net open position percentage bands. Financial exposure creates budget uncertainty. To mitigate the financial exposure to short-time horizon price volatility, SVCE continually reduces its financial exposure by reducing the quantity of energy in either open long or short positions.

The following items are measured, monitored, and reported:

1. Reserve Requirement Targets – on no less than an annual basis, SVCE staff will monitor SVCE’s reserves to ensure that they meet the targeted thresholds as outlined in SVCE’s Cash Reserve Policy.

2. Mark-to-Market Valuation – marking to market is the process of determining the current value of contracted supply. A mark-to-market valuation shall be performed at least on a monthly basis.

3. Exposure Reporting – calculates the notional dollar and/or probabilistic-based risk exposure of open portfolio positions at current market prices. The exposure risk calculation shall be performed at least on a monthly basis.

4. Open Position Monitoring – on a monthly basis, SVCE shall calculate/monitor its open positions for all energy and capacity products.

Consistent with the above, the Middle Office will develop reports and provide feedback to the Risk Oversight Committee. Risk measurement methodologies shall be re-evaluated on a periodic basis to ensure SVCE adjusts its methods to reflect the evolving competitive landscape.

In addition to ensuring the portfolio is within the approved hedge bands, portfolio management decisions are supported by risk metrics from simulations of future market conditions, loads, and other material risk drivers for the portfolio. The following probabilistic risk metrics are regularly calculated and reported:
• Net Revenue at Risk: Potential adverse changes in net revenues for a given time period and confidence level.
• Reserve Requirements at Risk: Potential adverse change in reserves for a given time period and confidence level.
• Potential Future Exposure for counterparty credit risk: Maximum Mark-to-market counterparty exposures for a given time period and confidence level. • Potential Collateral Exposure: Maximum of collateral that SVCE may have to post for a given time period and time horizon with a given counterparty.

Stress tests will used to understand the potential variability in SVCE’s projected procurement costs, and resulting retail rate impacts and competitive positioning, associated Item 1e
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with adverse scenarios of material risk drivers. The IROC will develop, and update as necessary, a set of plausible and forward-looking stress-tests based on SVCE’s portfolio and expected market conditions. The stress test analysis will complement other probabilistic metrics used to manage portfolio risks and its results will be distributed on at least an annual basis to the ROC.

5.2 Mark-to-Market Risk
SVCE manages its mark-to-market risk by comparing the current value of any wholesale trading positions and long-term supply contracts to the cost of the contracts. This is important if there are trading restrictions for entering into new transactions with certain counterparties based on the terms of the agreements and to counterparty credit limits.

Being aware of the Mark-to-Market of the portfolio is important as it provides an indication of the competitiveness of the portfolio.

5.3 Market Price Risk
SVCE manages market price risk by determining its Load and Resource Balance which defines forecasted load, energy under contract and SVCE’s open positions in various energy product types including renewable energy, carbon free energy, system power, and SVCE’s procurement targets.

SVCE determines its NOP by comparing the forecasted use to supply resources on a monthly basis. The NOP is exposed to potentially volatile market prices. The quantity of energy SVCE will contract for in each year is guided by the NOP tolerances. Market price risk is determined by evaluating how costs could increase (or decrease) if market prices were to reach high (or low) values.

SVCE minimizes financial exposure to higher-volatility spot market wholesale electricity prices by hedging its NOP according to the NOP tolerance bands in Section 6.4. To reduce this exposure, SVCE’s practice is to close its NOP (hedge at close to 100%) for the prompt month and quarter. The relatively tight prompt year tolerance band provides a high level of budget certainty. However, SVCE will continue to have some exposure to spot market prices due to the load changes and the difference between forecasted and actual load.

These differences result in a need to purchase or sell energy in the short-term markets.

In general, SVCE will seek to spread out its long-term purchases of renewable energy to diversify exposure to market conditions and reduce the risk of concentrating purchases in any one year.

For products generally purchased through short- and medium-term contracts, SVCE follows a similar strategy of diversifying contracting over the delivery horizon.

As predominantly a net buyer, SVCE manages its market liquidity risk through purchasing at different intervals and maintaining a diverse set of counterparties to transact with.

Congestion risk is managed through the contracting process with a preference for day ahead scheduling and energy delivery at the NP 15 trading hub and through resource assessment and selection. Once energy is procured SVCE manages congestion risks through the prudent management of Congestion Revenue Rights (CRRs). CRRs are financial instruments used to hedge against transmission congestion costs encountered in the CAISO day-ahead market.

SVCE uses a third-party scheduling coordinator to manage its CRR portfolio. SVCE uses CRRs to reduce its exposure to congestion and other CAISO charges and will not use CRRs for speculative purposes.

Item 1e
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5.4 Net Revenue Risk
SVCE manages net revenue risk by managing each of its contributing factors as described in other sections in this Policy—market price risk, load and generation volumetric risk, counterparty performance, etc. In addition, SVCE strives to provide competitively priced products that are valued by its customers to minimize opt out rates. Net revenue is monitored closely so that trend changes can be identified as early as possible and corrective action can be taken as appropriate.

5.5 Counterparty Credit and Performance Risk
SVCE evaluates and monitors the financial strength of service and energy providers.

Generally, SVCE manages its exposure to energy suppliers through a preference for counterparties with Investment Grade Credit ratings as determined by Moody’s or Standard and Poor’s and through the use of security requirements in the form of cash and letters of credit. SVCE measures its mark-to-market counterparty credit exposure consistent with industry best practices. Additionally, SVCE manages counterparty credit risk by monitoring and controlling collateral, letters of credit and other forms of credit calls on the agency as well as paying bills in a timely fashion to avoid defaulting on any term of an agreement.

5.6 Load and Generation Volumetric Risk
SVCE manages energy delivery risks by ensuring that contracts include appropriate contractual penalties for non-delivery, acquiring energy from a geographically and technologically diverse portfolio of generating assets with a range of generation profiles.

SVCE manages load forecasting and related weather risks by contracting with qualified data management and scheduling coordinators who together provide the systems and data necessary to forecast and schedule load using good utility practice. SVCE’s load scheduling strategy, as executed by its scheduling coordinator, ensures that price risk in the day ahead and real time CAISO markets is managed effectively and is consistent with good utility practice.

SVCE has contracted for long-term electricity resources including large hydroelectricity, renewable energy and storage to meet its RPS and clean goals. For many of these contracts, SVCE has scheduling coordination responsibilities and intends to work with Central Coast Community Energy (CCCE) to manage these resources.

SVCE’s generation scheduling strategy, as executed by its scheduling coordinator and in coordination with CCCE when necessary, ensures that the resources are scheduled to produce needed PCC1 renewable energy certificates; manage curtailment risk; meet the regulatory requirements for Resource Adequacy; and optimize energy value either in the day-ahead or real time market. To effectively manage these resources, SVCE will delegate limited authority to its scheduling coordinator within the guidelines of the board-approved operating agreement. The CEO will approve an operating plan for management of each of its Power Purchase Agreements.

5.7 Operational Risk
Operational risks are managed through:
• Adherence to this Policy and oversight of procurement activity; • Conformity to Employee Handbook;
• Staff resources, expertise and/or training reinforcing a culture of compliance; Item 1e
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• Ongoing and timely internal and external audits; and
• Cross-training amongst staff
• Authorized traders and others involved in any phase of transacting are prohibited to own stock in a current or potential counterparty to avoid a conflict of interest

5.8 Liquidity Risk
SVCE manages liquidity risk through adherence to its loan and power purchase agreement credit covenants, limiting commitments to provide security consistent with the Guidelines, ensuring it has adequate loan facilities, prudent cash and investment management, and adherence to its Cash Reserve Policy. SVCE monitors its liquidity (defined as unrestricted cash, investments and unused bank lines of credit) no less than weekly. SVCE utilizes scenario and sensitivity analyses while preparing budget, rate, and pro forma analyses in order to identify potential financial outcomes and ensure sufficient liquidity under adverse conditions.

5.9 Regulatory/Legislative Risk
SVCE manages its regulatory and legislative risk through active participation in working groups and advocacy coalitions such as the California Community Choice Association. SVCE regularly participates in regulatory rulemaking proceedings and legislative affairs to protect SVCE’s interests.

5.10 Reporting
Reporting of critical information to relevant parties is a key component of energy risk management. Periodic reports will be provided to the ROC that shall provide sufficient details on SVCE’s transactions, NOP, market exposure, credit exposure, counterparty credit ratings, transaction compliance, and other relevant data. The frequency and content of the reports for each oversight body shall be prescribed in the Energy Risk Management Guidelines.

Compliance exceptions are actions which violate the limits, and/or the procedures developed and approved by the ROC. For example, the risks associated with the portfolio or a specific transaction within the portfolio may fall outside of any established risk limit at a given point in time.

In the event a compliance exception occurs, the CEO is responsible for notifying the ROC within 24 hours via email after it is identified and ensure that the Front Office prepares a report (Exception Report) for the ROC at its next meeting. The Report shall identify the issue or violation, and discuss the alternative remedial actions, document the action taken in response, and describe the steps that will be taken to prevent a reoccurrence of the event.
6 Authorized Transaction and Trading Limitations

6.1 Trader Authorization Process
The Front Office shall request that the Middle Office begin the trader authorization process.

The Middle Office shall verify that the trader’s background and experience is sufficient to transact on behalf of SVCE. Before authorizing personnel to transact, the Middle Office Item 1e
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shall:
• Require that trader affirm that they are not currently under investigation for market manipulation;
• Require that trader affirm that they have not been previously investigated for market manipulation;
• Verify that trader has read and understands SVCE’s ERM Policy and Guidelines; and • Determine that the trader has sufficient understanding and experience of the energy markets in which SVCE participates.

Before commencing transaction on behalf of SVCE, every trader must sign the trader integrity attestation (see Appendix A) to:
• affirm that they are not currently under investigation for market manipulation • affirm that they have not been previously investigated for market manipulation.

In addition to that, traders are expected to complete any energy risk management related training put forth by the Middle Office.

The Middle Office shall maintain a list of the authorized trading personnel ,as part of the ERM Guidelines, maintain a list of the authorized trading personnel and records for each trader of :
• Acknowledgement of ERM Policy
• Declaration of Conflict of Interest and;
• Trader Integrity Attestation.
.

6.2 Approved Markets
Approved markets in which SVCE authorized traders can participate are as follows:
• California Independent System Operator (CAISO);
• Bilateral energy, attributes and capacity market;
• Western Electricity Coordinating Council (WECC); and
• California Air Resources Board (CARB) emissions/carbon auctions

6.3 Approved Transactions
Authorized transactions which SVCE authorized traders can utilize must be consistent with this Policy. Transactions must be directly related to the procurement and/or administration of:
• electric energy,
• Resource adequacy products,
• Storage capacity,
• reserve capacity,
• Transmission products,
• and distribution service,
• ancillary services,
• congestion revenue rights (CRRs),
• renewable energy,
• Carbon-free energy and/or attributes
• renewable energy certificates (RECs),
• basis transactions,
• greenhouse gas emissions allowances,
• tolling agreements, & natural gas tolling agreements specifically approved by the board, Item 1e
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• natural gas hedges needed to manage risks associated with board approved natural gas tolling agreements. This includes use of both physical and financially settled natural gas hedges and
• bilateral purchases of energy products.

Prohibited transactions are those transactions that are not related to serving retail electric load and/or reducing financial exposure. Speculative buying and selling of energy products is prohibited, including with the use of financial derivatives such as but not limited to futures, swaps, options, and swaptions. Speculation is defined as buying energy in excess ofmore than forecasted load plus reasonable planning reserves or selling energy or environmental attributes that are not yet owned by SVCE. In no event shall speculative transactions be permitted. Any financial derivatives transaction including, but not limited to futures, swaps, options, and swaptions are also prohibited.

6.4 Tolerance Bands
Hedging its load obligation is a key function for SVCE. The primary responsibility of the Front Office is to manage the energy portfolio by purchasing energy to hedge the cost of SVCE’s load obligation and managing SVCE’s portfolio of power resources to optimize value and load obligations. As described in Section 5.3 (Market Price Risk), SVCE ladders its energy purchases over time to access the market at different times. Every six months, the Front Office produces a Portfolio Management Plan that must be approved by the CEO. The Portfolio Management Plan must describe the current portfolio position, expected generation and variability, the recommended hedging transactions, the portfolio position after the transactions, and how the portfolio will remain within the Tolerance Bands in Table 1.

Item 1e
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Energy Hedging
SVCE will maintain Net Open Position (NOP) portfolio hedge levels within the tolerances outlined in Table 1 below:

Table 1 Calendar Year Energy NOP Tolerance Bands
Period* Minimum
Tolerance
Maximum
Tolerance
Prompt Quarter 85% 110%
Current Balance
of Year
80% 110%
Year 2 70% 90%
Year 3 55% 80%
Year 4 50% 80%
Year 5 50% 80%
*For example, if the current year calendar year is 20231, then Year 2 is 20242.

Resource Adequacy
SVCE must comply with the regulatory requirements for procurement of capacity products for Resource Adequacy (RA) needs.

SVCE endeavors to purchase RA products over time to meet its obligation and to diversify its purchases between suppliers and market conditions.

Renewable Portfolio Standard and Carbon-free
With respect to purchases to meet the Renewable Portfolio Standard (RPS), SVCE is guided by its Strategic Plan, which states that purchases should be staggered tshallo meetshall meet legislative and regulatory requirements, Board directives and shall be staggered to accommodate regulatory uncertainty, changes in load and supply price risks and that the RPS portfolio should be diversified with respect to technologies.

6.5 Authorized Trading Limits

6.5.1 Transacting Authority Retained by the Board
The Board retains the authority to approve:
• All transactions with terms of over 12 months unless it has explicitly delegated authority to the CEO;
• All transactions with terms of over 5 years; and
• Master Agreements under which the CEO is delegated authority to transact

6.5.2 Authority Delegated to the CEO by the Board
Under the Board-approved Purchasing Policy, the CEO is delegated the authority to approve and execute contracts for Energy Procurement for terms of less than or equal to 12 months, which the CEO shall timely report to the Board. In addition, under Resolution 2019-03, the Board delegates to the CEO the authority to enter into Confirmations for terms not greater than 60 months and limited to authorized transactions purchases of Product cconsistent with forecasted load and withinthe Energy Hedge Tolerance Bands (as defined in the ERM Policy).

Table 2 below lists the authorized trading limits to transact on behalf of SVCE for all non-resource adequacy related products. If the CEO delegates some of his authority, he must document any such delegations in the Energy Risk Management Guidelines. Table 3 below lists the authorized annual trading limits for broker fees per broker.

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Table 2: Authority Delegated to the CEO by the Board
Item 1e
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Product Term LimitMaturity
Limit
Volume Limit Counterparty
Limits
Who
Energy,
Capacity, and
CAISO Ancillary
Services
Day
Ahead
and
Real
Time
N/A As needed to
meet SVCE’s
expected load
obligations with
the CAISO
Any
counterparty
CEO
Gas Daily N/A As needed to
meet SVCE’s
obligations for
gas tolls*
Through the
counterparty
associated
with the toll
CEO
Energy(Power)
Gas,, Capacity,
CRRs,and
Environmental
Products
Up to 12
months
18 months As needed to
meet SVCE’s
expected
load/gas toll
*needs
(per Purchasing
Policy)
Any
counterparty
CEO
Up to 60
months
72 months As needed to
meet SVCE’s
expected
load/gas toll*
needs
Board-approved
Master
Agreements
CEO
Over 60
months
As approved
by Board
As approved by
the Board
As approved by
the Board
Board
*natural gas hedges needed to manage risks associated with board approved natural gas tolling agreements
Table 3: Authority Delegated to the CEO by the Board for Brokered Transactions Transaction Type Fiscal Year Limit
Brokered Transactions Fees $500 K of broker fee expense per broker

6.5.3 Resource Adequacy Authority Delegated to the CEO by the Board The CEO has the authority to meet resource adequacy requirements based on CPUC and CAISO guidelines. Failure to meet California’s RA compliance obligations may subject SVCE to hefty penalties.

To adequately and effectively meet RA requirements, the CEO needs a broad authority to transact for terms of up to five years and with a broad set of suppliers, including counterparties not under a Master Agreement. Table 3 4 lists the CEO’s authority for RA transactions, which maybe delegated provided proper documentation is established by the CEO.

Table 34: Resource Adequacy Authority Delegated to the CEO by the Board Item 1e
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— —
—
—
-
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Product Term Limit Maturity Limit Volume Limit Counterparty Limit
Who
Resource
Adequacy
Up to 60
months
72 months As required to
comply
Any
counterparty
CEO

6.5.4 Limits of Authority Delegated to Authorized Personnel by the CEO The Front Office periodically prepares a needs assessment and develops a Portfolio Plan, which defines the transactions required to meet SVCE’s needs and to remain within the Tolerance Bands of Section 6.4. The CEO must approve the Portfolio Plan and may delegate some of his authority to Authorized Personnel (as determined according to the process described in Section 6.1).

Although the CEO may delegate some of his authority to Authorized Personnel, the Board limits the authority he can delegate as shown in Table 4 Table 5 below:

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Table 45: Limits of Authority Delegated to Authorized Personnel by the CEO Product Term Limit Notional Value Limit*
Energy, Capacity, and CAISO
Ancillary Services
Day Ahead and Real
Time
As needed to meet SVCE’s
obligations with the CAISO
Energy
Balance of the month $5 Million
Prompt month $7.5 Million
Up to 12 months $25 Million
Resource Adequacy Products,
CRRs
Prompt month As needed to meet SVCE’s
obligations
Balance of compliance
year
As needed to meet SVCE’s
obligations
Up to 12 months $15 Million
Environmental Products (Carbon Free
and Renewable Energy Resources)
Up to 12 months $15 Million
*Notional value limits are inclusive of broker fees

6.6 Conflict of Interest
All SVCE employees who are involved in any aspect of transacting for energy or energy-related resources are prohibited from investing in any company with whom SVCE transacts, including those with whom it has executed enabling agreements. Prior to engaging in evaluation of, negotiation with, transacting with, or oversight of a transaction or potential transaction with any company, all involved employees must ensure that they are divested in direct holdings with that company. The ban on investment and requirement to divest is regardless of whether the investment would require disclosure on the employee’s FPPC Form 700.

SVCE employees will sign notice acknowledging policy regarding conflict of interest and report any existing or potential conflicts of interest (see Appendix A).

Item 1e
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7 Risk Management Policy Governance

7.1 SVCE Board of Directors
The SVCE Board is responsible for adopting this Policy and reviewing it as needed every two calendar years. The Board also approves SVCE’s annual budget, contracting authorities and delegates responsibilities for the management of SVCE’s operations to its CEO.

7.2 Risk Oversight Committee
SVCE’s CEO formed the Risk Oversight Committee (ROC) and is responsible to inform the ROC about any risk management issues and to provide assurance that this Policy is implemented. The CEO shall provide the ROC information and analysis that illustrate that all transactions are consistent with the risk tolerances and that risk management controls and practices are sufficient to monitor and manage risks that SVCE is exposed to.

The ROC shall meet at least once per calendar quarter, or as otherwise called to order by the CEO.

The ROC shall from time to time review the Energy Risk Management Guidelines defining in detail the internal controls, strategies and processes for managing market risks incurred through or attendant upon wholesale trading, retail marketing, long-term contracting, CRR trading and load and generation scheduling. The ROC shall receive and review information and reports regarding risk management, wholesale trading transactions, and the administration of supply contracts. The ROC will also review counterparty credit lines and cash reserves to ensure proper levels are maintained for credit, operations and liquidity. In addition, the ROC shall review any instances of non-compliance with any provisions of the Policy or Guidelines.

7.3 Internal Risk Oversight Committee
The CEO formed the Internal Risk Oversight Committee (IROC) to review in more detail any risk management issues that arise. The IROC comprises members of the Front, Middle, and Back Office and is used to coordinate any activities related to transacting. The IROC regularly reviews SVCE’s risks and risk management strategies and assists the CEO to ensure that proper controls are in place. The IROC is responsible to develop, approve and update Energy Risk Management Guidelines that implement the Energy Risk Management Policy.

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8 Appendix A: Acknowledgement of ERM Policy,
Declaration of Conflict of Interest and Trader
Integrity Attestation
To: ______________
Acknowledgement of ERM Policy
I acknowledge that I’ve read, understand, and will comply with SVCE’s Energy Risk Management Policy.

Declaration of Conflict of Interest
I understand that I am obligated to give notice in writing to Silicon Valley Clean Energy of any interest or relationship that I may have in any counterparty that seeks to do business with Silicon Valley Clean Energy, and to identify any real or potential conflict of interest such counterparty has or may have with regard to any existing or potential contract or transaction with Silicon Valley Clean Energy, within 48-hours of becoming aware of the conflict of interest.

I would like to declare the following existing/potential conflict of interest situation arising from the discharge of my duties concerning Silicon Valley Clean Energy activities covered by the scope of the ERM:
a) Persons/companies with whom/which I have official dealings and/or private interests:
b) Brief description of my duties which involved the persons/companies mentioned in item a) above.

Trader Integrity Attestation – Please complete this section if you trade on behalf of SVCE Yes No : Are you currently under investigation for market manipulation? Yes No : Were you previously investigated for market manipulation ? Position and Name:

Signature:

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Date:

Item 1e
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Page 1 of 2 ends

Staff Report – Item 1f
Item 1f: Authorize the Chief Executive Officer to Amend Agreement with Power MC LLC for Consulting Services
From: Girish Balachandran, CEO
Prepared by: Amrit Singh, CFO, and Director of Administrative Services Zakary Liske, Senior Manager of Power Operations
Date: 8/9/2023

RECOMMENDATION
Staff recommends that the Silicon Valley Clean Energy Authority Board (“Board”) authorize the Chief Executive Officer (“CEO”) to amend agreement with Power MC LLC (“Consultant”) for consulting services related to SVCE’s business process optimization project to increase the not to exceed (“NTE”) amount to $424,184 and extend the term through September 30, 2024.

BACKGROUND
In 2021 as part of one of the five strategic focus areas, staff initiated a comprehensive assessment of SVCE’s business processes to move the operations from a startup phase to more mature processes leveraging technology. The high-level goals of BPO are to create auditable, automated, secure, and integrated business processes. Currently, a small group of staff manages multiple large transactions with monthly cashflow that can in absolute terms reach over $75 million using labor-intensive and manual processes along with reliance on core functions with outside vendors/consultants. With BPO tools, these processes will align with industry best practices of using Energy Trading and Risk Management (“ETRM”) tools to streamline, automate and gain the ability to efficiently and effectively make insightful data-driven decisions. Staff created a BPO roadmap that currently has three phases of implementation with this being phase one that is focused on deal capture and settlements system. Phase 2 will focus on portfolio and risk management integrations and phase 3 will be defined later and could cover functions of customer relationship management, decarbonization program design and implementation, meter data and load forecasting, and financial management and modeling.

Staff developed detailed functional requirements of SVCE’s needs in a deal capture and settlements system.

Using these requirements, Staff reached out to several vendors to learn about their systems and potential fit for SVCE’s needs. Using the knowledge gained from the initial assessment, staff developed a Request for Proposals (RFP) and released that to the public in early February 2022. The RFP was structured to allow firms to respond to either or both elements of deal capture and settlements systems. Ultimately, the RFP resulted in SVCE selecting Adapt2 Solutions, Inc to provide a deal capture and settlements system. A contract was negotiated, approved by the SVCE Board in September 2022, and executed in October 2022 with the project implementation starting several weeks later.

SVCE initially began the project with an implementation team made up of internal staff representing the various departments responsible for managing SVCE’s wholesale portfolio. After several months of working on the project staff determined that the level of effort required necessitated seeking external assistance to help.

As such, SVCE entered into a consulting agreement with Consultant in May 2023 to provide support with respect to SVCE’s implementation of business process optimization software. At the time, staff was expecting this to be a limited term engagement with an NTE just under the CEO’s spending authority. The limited engagement would Item 1f
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allow existing project team to utilize the external resource to expedite completion of the implementation. Key aspects that the Consultant would assist on included: project management, portfolio migration and gap analysis.

ANALYSIS & DISCUSSION
Staff is requesting to extend the term and increase the NTE of the agreement with Consultant to accommodate additional work that has materialized and staff departures since the agreement began in May 2023. Initially, Consultant was brought onboard to assist in managing ongoing project work and to provide subject matter expertise on software implementation. Several weeks after Consultant started, departure of key staff in 4PRO resulted in a department bandwidth shortfall. Given the project timeline sensitivity, delaying the project was not a feasible option, nor would be waiting to backfill positions. Further, the original limited assignments for Consultant, including portfolio migration and gap analysis, have been prolonged due to lack of SVCE staff time to collaborate and provide feedback during project.

With the extension of the agreement, Consultant will continue to serve as project manager, complete the portfolio migration, and perform gap analysis between SVCE’s initial RFP requirements and the implemented software. Additionally, Consultant will assist on completing remaining system integrations, workflows, user training, and cutover from development to production phase.

STRATEGIC PLAN
Authorizing the CEO to amend the agreement will directly support Goal 3 of the Strategic Plan which is to “Manage and optimize power supply resources to meet affordability, GHG reduction and reliability objectives”.

ALTERNATIVE
If the Board does not delegate authority to the CEO, SVCE will face operational risk, due to potential lack of bandwidth given the already shorthanded 4PRO staffing situation.

FISCAL IMPACT
The recommendation results in an estimated fiscal impact of $326,894. The total fiscal impact including the current agreement with Consultant is $424,184 and is expected to be realized by the end of FY24. The proposed FY 2023-24 Operating Budget includes sufficient funds to cover consulting expenses including amending the agreement with Consultant.

ATTACHMENTS

1. First Amendment to Agreement with Power MC LLC

2. Agreement with Power MC LLC
Item 1f
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FIRST AMENDMENT TO AGREEMENT WITH POWER MC LLC
WHEREAS, the SILICON VALLEY CLEAN ENERGY AUTHORITY, an independent public agency (“Authority”), and POWER MC LLC (“Consultant”) entered into that certain agreement entitled BUSINESS PROCESS OPTIMIZATION effective on May 18, 2023, hereinafter referred to as “Original Agreement”; and
WHEREAS, Authority and POWER MC LLC have determined it is in their mutual interest to amend certain terms of the Original Agreement.

NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS:

1. TERM Section of Original Agreement shall be amended to read as follows:

The term of this Agreement shall commence on May 22, 2023, and shall terminate on September 30, 2024, unless terminated earlier as set forth herein.

2. COMPENSATION TO CONSULTANT section of Original Agreement shall be amended to read as follows:

Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed four hundred twenty-four thousand one hundred eighty-four dollars and no/100 ($424,184.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference.

3. EXHIBIT C COMPENSATION section of Original Agreement shall be amended to read as follows:

The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of four hundred twenty-four thousand one hundred eighty-four dollars and no/100 ($424,184.00), as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority
Original Agreement
Task Estimated Budget

1. Time and Materials (400 hours x $235/hour) $94,000

2. Out of pocket expenses (reimbursable expenses to equal no morethan 3.5% of fees) $3,290
Total $97,290
Amended
Task Estimated Budget

1. Time and Materials (1744 hours x $235/hour) $409,840 Item 1f
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2. Out of pocket expenses (reimbursable expenses to equal no more than 3.5% of fees) $14,344
Total $424,184

4. This Amendment shall be effective on August xx, 2023.

5. Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control.

6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below.

RECOMMENDED FOR APPROVAL
____________________________________
Monica Padilla, Director of Power Resources

RECOMMENDED FOR APPROVAL
__________________________________________________________ Amrit Singh, Chief Financial Officer/Director of Administrative Services Item 1f
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CONSULTANT NAME

POWER MC, LLC
By: __________________________
Name: ________________________
Title: _________________________
Date: __________________________

SILICON VALLEY CLEAN ENERGY

AUTHORITY
A Joint Powers Authority
By: ___________________________
Name: Girish Balachandran
Title: Chief Executive Officer
Date: __________________________
APPROVED AS TO FORM:
_______________________
Counsel for Authority
ATTEST:
_____________________
Authority Clerk
Item 1f
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AGREEMENT BETWEEN THE SILICON VALLEY CLEAN ENERGY AUTHORITY AND

POWER MC LLC
FOR

BUSINESS PROCESS OPTIMIZATION
THIS AGREEMENT (“Agreement”), is entered into this 18th day of May, 2023, by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY, an independent public agency, ("Authority"), and POWER MC LLC, a California Limited Liability Company, whose address is 15056 Calle Verano, Chino Hills, CA 91709 (hereinafter referred to as "Consultant") (collectively referred to as the “Parties” and individually as a “Party”).

RECITALS:

A. Authority is an independent public agency duly organized under the provisions of the Joint Exercise of Powers Act of the State of California (Government Code Section 6500 et seq.) (“Act”) with the power to conduct its business and enter into agreements.

B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement pursuant to the terms and conditions described herein.

C. Authority and Consultant desire to enter into an agreement for business process optimization upon the terms and conditions herein.

NOW, THEREFORE, the Parties mutually agree as follows:

1. TERM
The term of this Agreement shall commence on May 22, 2023, and shall terminate on December 31, 2023, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant to the schedule of performance set forth in Exhibit "B," both of which are attached hereto and incorporated herein by this reference.

3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed ninety-seven thousand two hundred ninety dollars and no/100 ($97,290.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference.

4. TIME IS OF THE ESSENCE
Consultant and Authority agree that time is of the essence regarding the performance of this Agreement.

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5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner commensurate with the prevailing standards of specially trained professionals in the San Francisco Bay Area under similar circumstances and in a manner reasonably satisfactory to Authority and agrees that all services shall be performed by qualified and experienced personnel. Consultant shall be responsible to Authority for any errors or omissions in the performance of work pursuant to this Agreement. Should any errors caused by Consultant be found in such services or products, Consultant shall correct the errors at no additional charge to Authority by redoing the professional work and/or revising the work product(s) called for in the Scope of Services to eliminate the errors.

Should Consultant fail to make such correction in a reasonably timely manner, such correction may be made by Authority, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, Authority may deduct the cost of such correction from any retention amount held by Authority or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction.

6. INDEPENDENT PARTIES
Authority and Consultant intend that the relationship between them created by this Agreement is that of an independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by Authority to its employees, including but not limited to, unemployment insurance, workers’ compensation plans, vacation and sick leave are available from Authority to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. Consultant shall indemnify and hold harmless Authority and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of Authority officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. Authority shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to Authority from Consultant as a result of Consultant’s failure to promptly pay to Authority any reimbursement or indemnification arising under this section.

7. NO RECOURSE AGAINST CONSTITUENT MEMBERS OF AUTHORITY Authority is organized as a Joint Powers Authority in accordance with the Joint Powers Act of the State of California (Government Code Section 6500 et seq.) pursuant to a Joint Powers Agreement dated March 31, 2016, and is a public entity separate from its constituent members.

Authority shall solely be responsible for all debts, obligations and liabilities accruing and arising out of this Agreement. Consultant shall have no rights and shall not make any claims, take any actions or assert any remedies against any of Authority’s constituent members in connection with this Agreement.

8. NON-DISCRIMINATION
In the performance of this Agreement, Consultant, and any subconsultant under the Consultant, shall not discriminate against any employee, subcontractor or applicant for DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation, military or veteran status, or other basis prohibited by law, except as provided in Government Code section 12940. Consultant shall have responsibility for compliance with this Section.

9. HOLD HARMLESS AND INDEMNIFICATION
A. General Indemnification. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify Authority and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those Authority agents serving as independent contractors in the role of Authority officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.

B. Intellectual Property Indemnification. Consultant hereby certifies that it owns, controls, or licenses and retains all right, title, and interest in and to any intellectual property it uses in relation to this Agreement, including the design, look, feel, features, source code, content, and other technology relating to any part of the services and including all related patents, inventions, trademarks, and copyrights, all applications therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as “IP Rights”), except as otherwise expressly provided by this Agreement. Consultant warrants that the services to be provided pursuant to this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or misappropriation of any IP Rights of any third party. Consultant shall indemnify, defend, and hold Indemnitees, harmless from and against any Liabilities by a third party that the services to be provided pursuant to this Agreement infringe or violate any third-party’s IP Rights, provided any such right is enforceable in the United States. Such costs and expenses shall include reasonable attorneys’ fees of counsel of Authority’s choice, expert fees and all other costs and fees of litigation.

C. The acceptance of the services by Authority shall not operate as a waiver of these rights of indemnification. The hold harmless and indemnification provisions of this Section shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability.

D. Consultant’s indemnifications and obligations under this section shall survive the expiration or termination of this Agreement.

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10. INSURANCE
A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish Authority with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit "D," which is attached hereto and incorporated herein by this reference. Such insurance and certificates, which do not limit Consultant’s indemnification obligations under this Agreement, shall also contain substantially the following statement:
"Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the Authority by certified mail, Attention: Chief Executive Officer." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to Authority and licensed to do insurance business in the State of California.

Endorsements naming the Authority as additional insured shall be submitted with the insurance certificates.

B. Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her/its insurance for recovery. Consultant hereby grants to Authority, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or Authority with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of Consultant may acquire against Authority by virtue of the payment of any loss under such insurance.

C. Failure to Secure or Maintain Insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, Authority shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

D. Additional Insured. Authority, its members, officers, employees and volunteers shall be named as additional insureds under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy.

E. Sufficiency of Insurance. The insurance limits required by Authority are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant.

F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater.

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11. CONFLICT OF INTEREST
Consultant warrants that it, its officers, employees, associates and subcontractors, presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it, its officers, employees, associates and subcontractors, will not employ any person having such an interest.

Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the Authority Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this section into any subcontract that Consultant executes in connection with the performance of this Agreement. Consultant understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff Authority, as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations.

12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of Authority. Any attempt to do so without such consent shall be null and void, and any assignee, sublessee, pledgee, or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from Authority under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to Authority by Consultant.

The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation.

13. SUBCONTRACTOR APPROVAL
Unless prior written consent from Authority is obtained, only those persons and subcontractors whose names are attached to this Agreement shall be used in the performance of this Agreement.

In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance in substantial conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement.

Consultant agrees to include within their subcontract(s) with any and all subcontractors the same requirements and provisions of this Agreement, including the indemnity and insurance DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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requirements, to the extent they apply to the scope of the subcontractor’s work. Subcontractors hired by Consultant shall agree to be bound to Consultant and Authority in the same manner and to the same extent as Consultant is bound to Authority under this Agreement. Subcontractors shall agree to include these same provisions within any sub-subcontract. Consultant shall provide a copy of the Indemnity and Insurance provisions of this Agreement to any subcontractor. Consultant shall require all subcontractors to provide valid certificates of insurance and the required endorsements prior to commencement of any work and will provide proof of compliance to Authority.

14. REPORTS
A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of Authority. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to Authority the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of Authority, and all publication rights are reserved to Authority. Consultant may retain a copy of any Report furnished to the Authority pursuant to this Agreement.

B. All Reports prepared by Consultant may be used by Authority in execution or implementation of: (1) The original project for which Consultant was hired; (2) Completion of the original project by others; (3) Subsequent additions to the original project; and/or (4) Other Authority projects as Authority deems appropriate in its sole discretion.

C. Consultant shall, at such time and in such form as Authority may require, furnish reports concerning the status of services required under this Agreement.

D. All Reports shall also be provided in electronic format, both in the original file format (e.g., Microsoft Word) and in PDF format.

E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement that has not been publicly released shall be made available to any individual or organization by Consultant without prior approval by Authority.

F. Authority shall be the owner of and shall be entitled upon request to immediate possession of accurate reproducible copies of Reports or other pertinent data and information gathered or computed by Consultant prior to termination of this Agreement or upon completion of the work pursuant to this Agreement.

15. RECORDS
Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts and other such information required by Authority that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of the services and costs. All such records shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of Authority or its designees at all proper times, and gives Authority the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a minimum period of five (5) years after Consultant receives final payment from Authority for all services required under this agreement
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16. PARTY REPRESENTATIVES
The Chief Executive Officer (“Authority Representative”) shall represent the Authority in all matters pertaining to the services to be performed under this Agreement. Dean Isa (Consultant Representative”) shall represent Consultant in all matters pertaining to the services to be performed under this Agreement.

17. CONFIDENTIAL INFORMATION AND DOCUMENTS
A. Consultant covenants that all data, reports, documents, discussion, or other information (collectively “Data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed or released by Consultant without prior written authorization by Authority. Authority shall grant such authorization if applicable law requires disclosure. Consultant, its officers, employees, agents, or subcontractors shall not without written authorization from the Authority Representative or unless requested in writing by the Authority’s General Counsel, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the Authority. Response to a subpoena or court order shall not be considered “voluntary,” provided Consultant gives Authority notice of such court order or subpoena.

B. Consultant shall promptly notify Authority should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the Authority. Authority may, but has no obligation to, represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Authority and to provide Authority with the opportunity to review any response to discovery requests provided by Consultant. However, Authority’s right to review any such response does not imply or mean the right by Authority to control, direct or rewrite the response.

C. It is understood that Authority is subject to the California Public Records Act (Gov.

Code § 7920.000 et seq.). If a request under the California Public Records Act is made to view any documents Consultant provided to Authority, Authority shall notify Consultant of the request and the date that such records will be released to the requester unless Consultant obtains a court order enjoining that disclosure. If Consultant fails to obtain a court order enjoining that disclosure, Authority will release the requested information on the date specified.

D. In the event Authority gives Consultant written notice of a “litigation hold” or request under the Public Records Act, then as to all data identified in such notice or request, Consultant shall, at no additional cost to Authority, isolate and preserve all such data pending receipt of further direction from the Authority.

E. Consultant agrees to comply with the confidentiality and data protection provisions set forth in Exhibit “E,” attached hereto and incorporated herein by this reference.

F. Consultant’s covenants under this section shall survive the expiration or termination of this Agreement.

18. NOTICES
Any notice, consent, request, demand, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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personal delivery, (b) on confirmed delivery by courier service during Consultant’s and Authority’s regular business hours, or (c) three Business Days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the Party to be notified as set forth below:

TO AUTHORITY:
333 W. El Camino Real
Suite 330
Sunnyvale CA 94087
Attention: Chief Executive Officer
TO CONSULTANT:

Dean Isa
Power MC LLC
15056 Calle Verano
Chino Hills, CA 91709

19. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within the time specified (which shall be determined by the Authority but shall be not less than 10 days) and according to the requirements set forth in Authority’s written notice of default, and in addition to any other remedy available to the Authority by law, the Authority Representative may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The Authority Representative shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days' prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance.

In the event of Authority’s termination of this Agreement due to no fault or failure of performance by Consultant, Authority shall pay Consultant for services satisfactorily performed up to the effective date of termination. Upon termination, Consultant shall immediately deliver to the Authority any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of Authority.

Consultant shall have no other claim against Authority by reason of such termination, including any claim for compensation.

20. COMPLIANCE WITH LAWS
Consultant shall keep itself informed of all applicable federal, state and local laws, ordinances, codes, regulations and requirements which may, in any manner, affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall, at all times, observe and comply with all such laws and regulations, including, but not limited to the Americans with Disabilities Act, the Stored Communications Act, 18 U.S.C. Section 2701, et seq., California Civil Code Sections 1798.80 through 1798.84, and the California Consumer Privacy Act, Civil Code Section 1798.100 et seq. Authority, and its officers and employees, shall DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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not be liable at law or in equity by reason of the failure of the Consultant to comply with this paragraph.

Consultant represents and agrees that all personnel engaged by Consultant in performing services are and shall be fully qualified and are authorized or permitted under state and local law to perform such services. Consultant represents and warrants to Authority that it has all licenses, permits, certificates, qualifications, and approvals required by law to provide the services and work required to perform services under this Agreement, including a business license. Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement.

21. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State of California. The Agreement and obligations of the Parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California.

22. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from Authority to do otherwise.

23. WAIVER
A waiver by Authority of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character.

24. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by a written document signed by both Authority and Consultant.

25. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have the legal Authority and authority to do so on behalf of their respective legal entities.

26. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either Party.

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27. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.

28. AUTHORITY’S RIGHTS TO EMPLOY OTHER CONSULTANTS
Authority reserves the right to employ other consultants in connection with the subject matter of the Scope of Services.

29. EXHIBITS
The Exhibits referenced in this Agreement are attached hereto and incorporated herein by this reference as though set forth in full in the Agreement. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, or between a provision of this Agreement and a provision of Consultant’s proposal, the provisions of this Agreement shall control.

30. FORCE MAJEURE
Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in Authority’s sole judgment, that such failure was due to acts of God, embargoes, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

31. FINAL PAYMENT ACCEPTANCE CONSTITUTES RELEASE
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of Authority from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s work or services. Acceptance of payment shall be any negotiation of Authority’s check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by Authority shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by Authority for any defect or error in the work prepared by Consultant, its employees, subcontractors and agents.

32. ATTORNEY FEES
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party shall be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurred in connection with such litigation or other proceeding, in addition to all other relief to which that Party may be entitled.

33. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be illegal, invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
Attachment 2
1/2023 Version
without being impaired or invalidated in any way.

34. SUCCESSORS AND ASSIGNS
The terms and conditions of this Agreement shall be binding on the successors and assigns of the Parties to this Agreement.

35. NO THIRD PARTY BENEFICIARIES INTENDED
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

36. COUNTERPARTS; FACSIMILE/PDF/ELECTRONIC SIGNATURE
This Agreement may be executed in multiple counterparts, all of which shall be deemed an original, and all of which will constitute one and the same instrument. The Parties agree that a facsimile, PDF or electronic signature may substitute for and have the same legal effect as the original signature.

37. DRAFTING PARTY
This Agreement shall be construed without regard to the Party that drafted it. Any ambiguity shall not be interpreted against either Party and shall, instead, be resolved in accordance with other applicable rules concerning the interpretation of contracts.

IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed as of the date set forth above.

RECOMMENDED FOR APPROVAL
__________________________________________________________ Amrit Singh, Chief Financial Officer/Director of Administrative Services

CONSULTANT NAME
Power MC LLC
By: ________________________
Name: ________________________
Title: _________________________
Date: __________________________

SILICON VALLEY CLEAN ENERGY

AUTHORITY
A Joint Powers Authority
By: ___________________________
Name: Girish Balachandran
Title: Chief Executive Officer
Date: __________________________
DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB 5/17/2023
ManagingMember
DeanIsa
5/19/2023
Item 1f
Attachment 2
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1/2023 Version
Exhibit A
Scope of Services
PMC shall begin working on this engagement immediately following SVCE’s acceptance of this engagement letter. PMC will start gathering and reviewing all relevant project information and material related to the deal capture and settlement software solution including Adapt2’s RFP proposal and resulting contract, initial and updated project management documentation, and any other project related material made available by SVCE. PMC should be provided access to the Adapt2 test and/or market simulation software platform with a brief introduction to the currently configured screens and functionality as well as access to SVCE’s network to access and share project information and material. PMC shall meet with SVCE staff with detailed working knowledge of the current tools and business processes representing all impacted areas to gain an understanding of their current needs and future vision to better represent SVCE’s interests throughout engagement activities and communications both internally and with Adapt2. PMC will use SVCE’s list of prioritized requirements and any additional requirements uncovered during the working sessions with selected staff to identify the gaps from what Adapt2 is currently planning to deliver in the deal capture and settlements software platform. These gaps will be further evaluated to develop a plan to achieve SVCE’s expectations from the software platform. PMC will also focus available time and broad industry knowledge and experience in the areas most impacted by SVCE’s resource bandwidth constraints to keep the project progressing according to updated project timelines. In order to keep travel expenses at a minimum and to be more consistent with SVCE’s current remote working environment, PMC shall primarily work on this engagement remotely from PMC’s own facilities with occasional in person work performed at SVCE’s facilities as required. SVCE agrees that PMC shall not be required to be onsite at SVCE facilities more than fifty percent of the total hours worked on under this Engagement Letter.

DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
Attachment 2
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Exhibit B
Schedule of Performance
PMC shall deliver a plan to implement the deal capture and settlement software platform according to SVCE’s desired timeline. PMC shall work with SVCE and Adapt2 to develop and agree on a master set of requirements that better aligns Adapt2’s commitment to SVCE’s expectations. PMC shall develop new or update existing acceptance criteria to include user confirmation of the successful delivery of all agreed upon requirements. PMC shall develop tracking and reporting tools to effectively identify, manage, and communicate the project progress as well as any project issues and concerns. PMC shall develop and provide any other agreed upon material in support of SVCE during the engagement.

DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
Attachment 2
1/2023 Version
Exhibit C
Compensation
Authority shall compensate Consultant for professional services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below.

Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount set forth below.

The compensation to be paid to Consultant under this Agreement for all services described in Exhibit “A” and reimbursable expenses shall not exceed a total of ninety-seven thousand two hundred ninety dollars and no/100 ($97,290.00), as set forth below. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to Authority unless previously approved in writing by Authority.

Task Estimated Budget

1. Time and Materials (400 hours x $235/hour) $94,000

2. Out of pocket expenses (reimbursable expenses to equal no more than 3.5% of fees)
$3,290
Total $97,290
Rates
Personnel Hourly
Dean Isa $235.00
Invoices
Monthly Invoicing: In order to request payment, Consultant shall submit bi-weekly invoices to the Authority describing the services performed and the applicable charges (including a summary of the work performed during that period, personnel who performed the services, hours worked, task(s) for which work was performed). Authority shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth herein. Authority does not pay interest on past due amounts.

Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house printing, insurance and other ordinary business expenses are included within the scope of payment for services and are not reimbursable expenses. Travel expenses must be authorized in advance in writing by Authority
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
Attachment 2
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advance written authorization from Authority Representative prior to commencement of any additional services. Consultant shall submit, at the Authority Representative’s request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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Exhibit D
Insurance Requirements and Proof of Insurance
Consultant shall maintain the following minimum insurance coverage:

A. COVERAGE:
(1) Workers' Compensation:

Statutory coverage as required by the State of California. (2) Liability:

Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage.

ISO occurrence Form CG 0001 or equivalent is required.

(3) Automotive:

Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
(4) Professional Liability
Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000.

DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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Exhibit E
Confidentiality and Data Security Requirements
Subject to the terms and conditions of the Agreement, current proprietary and confidential information of Authority regarding customers of Authority (“Authority Customers”) and/or other confidential information (collectively “Confidential Information”) may be disclosed to Consultant from time to time in connection herewith solely for the purposes set forth in the Agreement. Such disclosure is subject to the following legal continuing representations and warranties by Consultant:

1. The Confidential Information disclosed to Consultant in connection herewith may include, without limitation, the following information about Authority Customers: (a) names; (b) addresses; (c) telephone numbers and email addresses; (d) service agreement numbers and account numbers; (e) meter and other identification numbers; (f) Authority-designated account numbers; (g) electricity and gas usage (including monthly usage, monthly maximum demand, electrical or gas consumption, HP load, and other data detailing electricity or gas needs and patterns of usage); (h) billing information (including rate schedule, baseline zone, CARE participation, end use code (heat source) service voltage, medical baseline, meter cycle, bill cycle, balanced payment plan and other plans); (i) payment / deposit status; (j) number of units; and (k) other similar information specific to Authority Customers individually or in the aggregate. Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by Consultant or its representatives that are derived from or based on Confidential Information disclosed by Authority, regardless of the form of media in which it is prepared, recorded or retained.

2. Except for electric and gas usage information provided to Consultant pursuant to this Agreement, Confidential Information does not include information that Consultant proves (a) was properly in the possession of Consultant at the time of disclosure; (b) is or becomes publicly known through no fault of Consultant, its employees or representatives; or (c) was independently developed by Consultant, its employees or representatives without access to any Confidential Information.

3. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by Consultant, or used for any purpose other than the purposes set forth in the Agreement.

4. Consultant shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. Consultant shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for purposes not set forth in the Agreement. Specifically, Consultant shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of Consultant who have a “need to know” such Confidential Information in the course of their duties with respect to the Consultant program and who agree to be bound by the DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
Attachment 2
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nondisclosure and confidentiality obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, Consultant shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree to be bound by the terms of this Agreement. Consultant shall not disclose Confidential Information or otherwise make it available, in any form or manner, to any other person or entity that is not Consultant’s employee or representative (a “Third Party”), except where that Third Party has separately entered into a nondisclosure agreement with Authority. Without limiting Consultant’s obligation of confidentiality as further described herein, Consultant shall be responsible for establishing, maintaining, and providing a written description to Authority of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that comply with or are substantial similar to the security controls identified in the current version of NIST SP800-53, and that is designed to: (a) ensure the security and confidentiality of the Authority’s Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Data; (c) protect against unauthorized disclosure, access to, or use of the Data; (d) ensure the proper disposal of Data; and, (e) ensure that all employees, agents, and subcontractors of Consultant, if any, comply with all of the foregoing. In no case shall the safeguards of Consultant’s data privacy and information security program used to protect Data be less stringent than the safeguards used by Consultant for its own data. If the services include handling credit card information, then the Consultant shall comply at all times with all applicable Payment Card Industry Data Security Standards (PCI-DSS). Consultant agrees and warrants that it is responsible for the security of “cardholder data” that Consultant possesses, stores, processes or transmits on behalf of the Authority, and for any impact on the security of Authority’s cardholder data environment adversely affected by any failure of Company to maintain compliance with provisions of the PCI-DSS applicable to the services. No less than annually, Consultant shall conduct a comprehensive independent third-party audit of its data privacy and information security program and provide such audit findings to Authority. The required audit shall be a SAS-70 (or successor standard) compliant audit, and Consultant shall provide the audit findings in the form of an SAS-70 Type II report.

5. Notwithstanding the above, Consultant may disclose Confidential Information to the extent required by an order, subpoena, or lawful process requiring the disclosure of such Confidential Information issued by a court or other governmental authority of competent jurisdiction, provided that Consultant notifies Authority immediately upon receipt thereof to allow Authority to seek protective treatment for such Confidential Information.

6. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of the Authority’s Data or the physical, technical, administrative, or organizational safeguards put in place by Consultant that relate to the protection of the security, confidentiality, or integrity of the Data, Consultant shall, as applicable: (a) notify Authority as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with Authority in investigating the occurrence, including making available all relevant records, logs, files, data reporting, and other materials required to comply with applicable law or as otherwise required by Authority; (c) in the case of Confidential Information, at Authority’s sole DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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election, (i) notify the affected individuals who comprise the Confidential Information as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82, or, in the absence of any legally required notification period, within five (5) calendar days of becoming aware of the occurrence; or, (ii) reimburse Authority for any costs in notifying the affected individuals; (d) in the case of Confidential Information, provide third-party credit and identity monitoring services to each of the affected individuals who comprise the Confidential Information for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Consultant’s obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Authority for any and all Claims (as defined herein), including reasonable attorneys’ fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Authority in connection with the occurrence; (g) be responsible for recreating lost Data in the manner and on the schedule set by Authority without charge to Authority; (h) provide to Authority a detailed plan within ten (10) calendar days of the occurrence describing the measures Consultant will undertake to prevent a future occurrence and (i) upon conclusion of the occurrence, or at Authority’s request, provide to Authority a comprehensive summary of the occurrence, including reason for occurrence, details of occurrence, how occurrence was addressed and any other information required by Authority, which shall be executed by Consultant and may be relied upon by Authority as a true and accurate account of the occurrence. Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Consultant’s representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what steps Consultant has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Consultant. This Section shall survive the termination of this Agreement.

7. It shall be considered a material breach of this Agreement if Consultant engages in a pattern or practice of accessing, storing, using, or disclosing the Confidential Information in violation of the contractual obligations described herein. Consultant understands that if Authority finds that Consultant is engaged in a pattern or practice of accessing, storing, using, or disclosing Confidential Information in violation of this Agreement Authority shall promptly cease all disclosures of Confidential Information to Consultant. Consultant further understands that if Authority receives a customer complaint about Consultant’s misuse of data or other violation of the Disclosure Provisions, Authority shall promptly cease disclosing that customer’s information to Consultant and shall notify the California Public Utilities Commission of the complaint.

8. Consultant shall be liable for the actions of, or any disclosure or use by, its employees or representatives contrary to this Agreement; however, such liability shall not limit or DocuSignEnvelopeID:A8429F59-4A0D-4071-BF56-AB28BB2B49DB Item 1f
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prevent any actions by Authority directly against such employees or representatives for improper disclosure and/or use. In no event shall Consultant or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. Consultant shall immediately notify Authority in writing if it becomes aware of the possibility of any misuse or misappropriation of the Confidential Information by Consultant or any of its employees or representatives. However, nothing in this Agreement shall obligate the Authority to monitor or enforce the Consultant’s compliance with the terms of this Agreement.

9. Consultant shall comply with the consumer protections concerning subsequent disclosure and use set forth in Attachment B to California Public Utilities Commission (CPUC) Decision No. 12-08-045.

10. In addition to any other requirements set forth in the Agreement, within ten (10) business days of receipt of Authority’s written request, and at Authority’s option, Consultant will either return to Authority all tangible Confidential Information, including but not limited to all electronic files, documentation, notes, plans, drawings, and copies thereof, or will provide Authority with written certification that all such tangible Confidential Information of Authority has been destroyed.

11. Consultant acknowledges that disclosure or misappropriation of any Confidential Information could cause irreparable harm to Authority and/or Authority Customers, the amount of which may be difficult to assess. Accordingly, Consultant hereby confirms that the Authority shall be entitled to apply to a court of competent jurisdiction or the California Public Utilities Commission for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by Consultant or its employees or representatives. Such right shall, however, be construed to be in addition to any other remedies available to the Authority, in law or equity.

12. In addition to all other remedies, Consultant shall indemnify and hold harmless Authority, its officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys’ fees, costs and disbursements) attributable to actions or non-actions of Consultant and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information.

13. When Consultant fully performs the purposes set forth in the Agreement, or if at any time Consultant ceases performance or Authority requires Consultant cease performance of the purposes set forth in the Agreement, Consultant shall promptly return or destroy (with written notice to Authority itemizing the materials destroyed) all Confidential Information then in its possession at the direction of Authority. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement.

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Staff Report – Item 1g
Item 1g:

From:

Prepared
by:

Zak Liske, Senior Manager of Power Operations
Bob Tang, Power Supply Program Manager
Monica Padilla, COO and Director of Power Resources
Date: 8/9/2023

RECOMMENDATION
Staff recommends the SVCE Board of Directors adopt Resolution 2023-14 to delegate authority to the Chief Executive Officer (CEO) to execute the Amendment to the Master Agreement (as defined below) with Direct Energy Business Marketing LLC (DEBM).

BACKGROUND
SVCE bases its power supply agreements on the industry-standard Edison Electric Institute (EEI) master power purchase and sale agreement (“Master Agreement”). The Master Agreement is a widely used standard form agreement containing general terms and conditions for electric power transactions. The SVCE Board of Directors (“Board”) via resolution and/or minute action, has authorized the CEO to execute Master Agreements with multiple counterparties and has delegated authority to transact under the Master Agreements contingent on limits related to term, price and/or products such as renewable energy and resource adequacy capacity.

The Board-approved Energy Risk Management Policy “ERM Policy” establishes limits for the types of transactions the CEO, or his designee, may execute along with limits on authority related to term, volume and dollars and necessary oversight. The Board most recently approved a revised ERM Policy in November 2021.

The Master Agreements are intended to work within the parameters of the ERM Policy.

In November 2016, SVCE entered into a Master Agreement with DEBM to enable power supply transactions between DEBM and SVCE. In July 2020, DEBM was sold by its then parent company Centrica plc to NRG Energy, Inc. This Amendment to the Master Agreement with DEBM makes applicable changes to reflect the change in DEBM’s parent company and conform the credit terms with the new parent company, NRG Energy, Inc.

ANALYSIS & DISCUSSION
The Amendment to the Master Agreement only makes applicable revisions to reflect the new parent company of DEBM and conform the credit terms to the new parent company NRG Energy, Inc. The Amendment does not in itself obligate SVCE to execute transactions but rather enables parties to transact various types of energy and related services such as renewable energy resources to meet Renewable Portfolio Standards (RPS); carbon-free resources; system energy at fixed and/or index prices and resource adequacy capacity products.

The Board may either execute this Amendment to the Master Agreement and subsequent Confirmations or delegate such authority to the CEO, which the Board has done subject to certain limitations and adherence to the Board-approved Energy Risk Management Policy.

Item 1g
Adopt Resolution Authorizing the CEO to Execute Amendment to Master Agreement with Direct Energy Business Marketing LLC (“DEBM”)
Girish Balachandran, CEO
SILICON VALLEY \3/ CLEAN ENERGY
Agenda Item: 1g Agenda Date: 8/9/2023

Page 2 of 2 ends

34910991v1
Direct Energy Business Marketing, LLC
Direct Energy Business Marketing LLC, is an energy trading and marketing company doing business in the US and Canada. NRG Energy Inc., DEBM’s new parent company, is a Fortune 500 company in the retail and wholesale energy services in the US.

The CEO requests authority to execute the Amendment to the Master Agreement as provided for in Attachment 1.

STRATEGIC PLAN
SVCE’s Strategic Plan, Goal 2 Measure 1, directs staff to acquire long-term agreements to meet California’s long-term renewable mandate.

ALTERNATIVE
SVCE could choose to not execute the Amendment to the Master Agreement with DEBM, which would keep outdated information in the Master Agreement with adverse implications in case SVCE needs to invoke credit support provisions in the Master Agreement from the parent company.

FISCAL IMPACT
There is no expected fiscal impact as a result of approving this Amendment to the Master Agreement with DEBM.

Any future transactions with DEBM would be made within SVCE’s approved budget at the time.

ATTACHMENTS

1. Resolution 2023-14 Delegating Authority to the Chief Executive Officer to Execute Amendment to the Master Agreement with Direct Energy Business Marketing LLC

2. Amendment to the Master Power Purchase and Sale Agreement with DEBM Item 1g
RESOLUTION NO. 2023-14

RESOLUTION OF THE BOARD OF DIRECTORS OF SILICON VALLEY

CLEAN ENERGY AUTHORITY DELEGATING AUTHORITY TO THE

CHIEF EXECUTIVE OFFICER TO EXECUTE AMENDMENT TO THE

MASTER AGREEMENT WITH DIRECT ENERGY BUSINESS

MARKETING LLC

THE BOARD OF DIRECTORS OF THE SILICON VALLEY CLEAN
ENERGY AUTHORITY HEREBY RESOLVES AS FOLLOWS:

WHEREAS, the Silicon Valley Clean Energy Authority (“Silicon Valley Clean Energy”) was formed on March 31, 2016;
WHEREAS, Silicon Valley Clean Energy launched service under a community choice aggregation program on April 3, 2017;
WHEREAS, to provide such service, Silicon Valley Clean Energy purchases energy, renewable energy, carbon free energy, resource adequacy and related products and services (the “Product”) from energy generating sources that are cleaner and have a higher percentage of renewable energy than that provided by the incumbent utility and at competitive prices;
WHEREAS, the EEI Master Agreement (“Master Agreement”) is an industry standard framework agreement used for the purchase of Product that establishes certain terms and conditions for the contractual relationship between an energy purchaser and energy supplier, but which does not require a purchaser to purchase or a supplier to supply the Product without further written agreements executed in accordance with the terms and conditions of a Master Agreement (“Confirmations”);
WHEREAS, Silicon Valley Clean Energy has entered into an EEI Master Agreement with Direct Energy Business Marketing LLC in November 2016;
WHEREAS, Direct Energy Business Marketing LLC was sold by Centrica plc to NRG Energy Inc in July 2020 and thus the EEI Master Agreement with Direct Energy Business Marketing LLC requires an amendment to reflect the change of Direct Energy Business Marketing LLC’s parent company from Centrica plc to NRG Energy Inc and conform credit support requirement to the new parent company;
WHEREAS, Silicon Valley Clean Energy desires to enter into an amendment to the Master Agreement with Direct Energy Business Marketing LLC and has agreed to terms and conditions of the amendment thereof.

Item 1g
Attachment 1

NOW, THEREFORE, IT IS HEREBY DETERMINED AND ORDERED
that the Board delegates authority to the Chief Executive Officer to:

1. Execute the amendment to the Master Agreement with Direct Energy Business Marketing LLC with terms consistent with the form of agreement presented to the Board of Directors, with any non-material changes, additions, variations or deletions (“Changes”) which following such execution by both parties, shall become an Amended Master Agreement.

ADOPTED AND APPROVED this 9
th day of August 2023, by the
following vote:

JURISDICTION NAME AYE NO ABSTAIN ABSENT
City of Campbell Director Scozzola
City of Cupertino Director Mohan
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:

Secretary
Item 1g
Attachment 1
Execution Version

EEI AMENDMENT AGREEMENT
This EEI Amendment Agreement (this “Agreement”), dated as of July 14, 2023 (the “Effective Date”), is entered into by and between Direct Energy Business Marketing, LLC, a Delaware limited liability company (“Direct”) and Silicon Valley Clean Energy Authority, a California joint powers authority (“Counterparty”) (Direct and Counterparty are sometimes referred to in this Agreement as a “Party” or collectively as the “Parties”).

RECITALS
WHEREAS, Direct, as successor in interest to Energy America, LLC, and Counterparty are parties to that certain Master Power Purchase and Sale Agreement, dated as of November 28, 2016, as may be amended from time to time (the “EEI”);
WHEREAS, Direct and Counterparty have entered into one or more transactions pursuant to the EEI (collectively, the “Transactions”), which Transactions may be evidenced by one or more transaction confirmations (collectively, “Confirmations” and together with the EEI and any Transactions, the “Counterparty Agreement”);
WHEREAS, pursuant to that certain Purchase Agreement, dated July 24, 2020 (“Purchase Agreement”), among Centrica plc (“Centrica”), NRG Energy, Inc. (“NRG”), Centrica Beta Holdings Limited and Centrica Gamma Holdings Limited, effective January 5, 2021, NRG has purchased, among other assets, all issued and outstanding equity interests of Direct (the “DE Sale”); and
WHEREAS, as a part of the DE Sale, the Parties desire to provide in this Agreement for, among other things, the amendment of the Counterparty Agreement.

NOW, THEREFORE, in consideration of the mutual agreements and covenants hereinafter set forth herein, the Parties hereby agree to amend the Counterparty Agreement as follows:

ARTICLE I

AMENDMENTS AND REPRESENTATIONS

1.1 Certain Amendments to Counterparty Agreement. As of the Effective Date, the Counterparty Agreement will be amended as follows:
(a) Party A’s notice information on the Cover Sheet of the EEI is hereby deleted in its entirety and replaced with the following:

Name: Direct Energy Business Marketing, LLC (“Party A”) All Notices:

Street: 804 Carnegie Center
Item 1g
Attachment 2
2 City: Princeton, NJ Zip: 08540
Attn: Contract Administration
Phone:

Facsimile:

Email:

Duns: 07-879-0103
Federal Tax ID Number: 80-0909818
Invoices:

Attn: Accounting – Physical Power
Phone:

Email:

Scheduling:

Attn: Day Ahead Scheduling
Phone:

Facsimile:

Email:

Payments:

Attn: Accounting – Physical Power
Phone:

Email:

Wire Transfer:

BNK: J.P. Morgan/Chase Manhattan
ABA: 021 000021
ACCT: 323-271979
Credit and Collections:

Attn: Director, Credit Risk
Phone:

With additional Notices of an Event of Default or Potential Event of Default to:

Attn: Assistant General Counsel - Commercial
Phone:

Facsimile:

Email:
(b) References, if any, to “Centrica plc” or words of similar import in the Counterparty Agreement, including, without limitation, as credit support provider, Guarantor, or the parent of Direct, or similar provisions, shall be deleted, and, to the extent NRG has provided a guaranty or other credit support, shall be replaced with appropriate references to “NRG Energy, Inc., a Delaware corporation”; provided, however, any Item 1g
Attachment 2
3 obligation to provide financial statements of Centrica will be deemed to instead require the delivery of the publicly available audited annual consolidated financial statements of NRG, certified by independent certified public accountants and prepared in accordance with generally accepted accounting principles in the applicable jurisdiction; provided, that if such financial statements are available on “EDGAR” or NRG’s corporate websites, such obligation will be deemed to have been satisfied.
(c) Counterparty accepts as of the Effective Date NRG as the ultimate parent of Direct and Guarantor of Direct under the Counterparty Agreement, if applicable, irrespective of any credit rating, financial requirements, thresholds or any other provisions to the contrary in the Counterparty Agreement. (d) Party A Collateral Threshold in Section 8.2(c) of the Cover Sheet of the EEI shall be changed from $45,000,000 to the following:

Party A Collateral Threshold:

S&P Rating Moody’s Rating Collateral Threshold
A- and above A3 and above $35,000,000
BBB+ Baa1 $20,000,000
BBB Baa2 $15,000,000
BBB- Baa3 $5,000,000
Below BBB- or
NR
Below Baa3 or
NR $0
The lower of S&P rating and Moody’s rating shall be used in determining Party A’s Collateral Threshold, provided, however, that Party A’s Collateral Threshold shall be zero if an Event of Default with respect to Party A has occurred and is continuing.
(e) References to Guarantor and Guarantee Amount in Section 8.2(e) of the Cover Sheet of the EEI shall be deleted.

1.2 Representations and Warranties.
(a) As of the Effective Date, each Party represents and warrants to the other Party that:
i. its execution, delivery, and performance of this Agreement do not violate or conflict with any law applicable to it, any provision of its constitutional documents, any order or judgment of any court or other agency of government applicable to it or any of its assets, or any contractual restriction binding on or affecting it or any of its assets; and
ii. its obligations under this Agreement constitute its legal, valid and binding obligations enforceable in accordance with their respective terms (subject to applicable bankruptcy, reorganization, insolvency, moratorium, or similar laws Item 1g
Attachment 2
4 affecting creditors’ rights generally and subject, as to enforceability, to equitable principles of general application regardless of whether enforcement is sought in a proceeding in equity or at law).
(b) As of the Effective Date, the Counterparty represents and warrants to the other Party that it has made no prior transfer or assignment (whether by law of security or otherwise) of any interests, rights, or obligations in or under the Counterparty Agreement or Transactions, except in accordance with the terms thereof, nor will it make any transfer or assignment of any interests, rights or obligations in or under Counterparty Agreement or Transactions prior to the Effective Date except in accordance with the terms thereof.

ARTICLE II

MISCELLANEOUS

2.1 Counterparts. This Agreement (and each amendment, modification and waiver in respect of it) may be executed and delivered in counterparts (including by electronic communication and PDF), each of which will be deemed an original.

2.2 Notices. Any notice required or authorized by this Agreement to be given to a Party shall be given in writing and shall be sufficiently given if delivered by electronic mail to the address set forth below or to such other address as such Party may designate for itself by prior notice given in accordance with this Section. Any such notice shall be effective only upon receipt thereof, provided that such notice is received during the normal business hours of the addressee, and if not received during such normal business hours, then on the first business day following such receipt.

The address for the delivery of the notices to each Party and the respective telephone number are as follows:

Notices to Counterparty:

Silicon Valley Clean Energy Authority
333 W. El Camino Real, Suite 330
Sunnyvale, CA 94087
Attn: Girish Balachandran
Phone:

Email:

Notices to Direct:

NRG Energy, Inc.
804 Carnegie Center
Princeton, NJ 08540
Attention: Contract Administration
Facsimile:

Telephone:

2.3 Costs and Expenses. The Parties will each pay their own costs and expenses (including legal fees) incurred in connection with this Agreement and as a result of the negotiation, Item 1g
Attachment 2
5 preparation and the execution of this Agreement and any of the actions contemplated hereunder.

2.4 Amendments. Except for any amendment to the Counterparty Agreement made pursuant to this Agreement, all terms and conditions of the Counterparty Agreement will continue in full force and effect in accordance with its provisions and all provisions of the Counterparty Agreement shall, as applicable, be deemed to be amended consistent with the terms of this Agreement. No amendment, modification or waiver in respect of this Agreement will be effective unless in writing (including a writing evidenced by electronic communication or PDF) and executed by each of the Parties. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise of any other right, remedy, power or privilege.

2.5 Relationship of the Parties. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture, agency, trust or other association of any kind among or between the Parties, each Party being individually responsible only for its obligations as set forth in this Agreement.

2.6 Governing Law. This Agreement will be governed by and construed in accordance with the law of the State of New York without reference to the conflict of laws provisions thereof.

2.7 Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.

2.8 Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.

2.9 Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. No Party to this Agreement may assign its rights or obligations hereunder without the prior written consent of each other Party, which consent shall not be unreasonably withheld or delayed.

2.10 Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter.
[Signature Page Follows]
Item 1g
Attachment 2
[Signature Page to the EEI Amendment Agreement]
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.

Direct Energy Business Marketing, LLC
By: ……………………………………………
Name:

Title:

Date:

Silicon Valley Clean Energy Authority
By: ……………………………………............

Name:

Title:

Date:

Item 1g
Attachment 2

Page 1 of 1 ends

Staff Report – Item 1h
Item 1h: Receive Q2 2023 Decarbonization Programs Update From: Girish Balachandran, CEO
Prepared by: Justin Zagunis, Director of Decarbonization Programs and Policy Nupur Hiremath, Manager of Community Programs
Alhad Dighe, Fleet Electrification Fellow
From: 8/9/2023

RECOMMENDATION
Staff recommends the Board accept the Q2 2023 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 April through July 2023. The quarterly update includes a table with a summary of updates and next steps for each initiative.

STRATEGIC PLAN
This item supports SVCE’s 2021-2022 Strategic Plan Goal 8, to “coordinate development of decarbonization strategy, lead design of local policy and programs, and support program deployment,” 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 Q2 2023 Update of the Decarbonization Strategy & Programs Roadmap has no fiscal impact.

ATTACHMENTS

1. Decarbonization Strategy & Programs Roadmap – Q2 2023 Update Item 1h
SILICON VALLEY \3/ CLEAN ENERGY
DECARBONIZATION PROGRAMS Q2 2023
Q2 Milestones
Quarterly Report
5 member agencies
enrolled in Fleet
Electrification program.
102
contractors trained
through FutureFit
Fundamentals
program.
345
active residential
incentive
reservations in the
FutureFit Homes
program.

Item 1h
Attach 1
Nearing goal of 150 contractors
completed training. (102 as of
June 2023)
Next Quarter:

Working on new graduate bonus.

FutureFit Fundamentals
Contractor Training
Building electrification rebates
launched for small and medium
business customers in July.

Next Quarter:

Continue program roll out.

FutureFit Homes and Buildings -
C&I Incentives
Worked with concerned member
agencies on updating draft
contingency codes.

Next Quarter:

Respond to and support member
agencies as needed.

Reach Codes 2.0
TOU-based discount structure
and E-ELEC rate were opened to
NEM customers. Reached 500
enrolled customers.

Next Quarter:

Experiment with targeted
approach to enrolled customers.

Electrification Rate Discount
Continuing to support member
agencies with selecting capex
projects.

Next Quarter:

Execute grant agreements with
remaining member agencies
Community Energy Resilience
Selected and notified award
winners and honorable mentions.

Next Quarter:

Work with winners on
promotional materials.

Electric Showcase Awards 2.0
345 active reservations, ~$1.4M
reserved, 165 rebate claims
($446K). Revised the pathway
for emergency replacements.

Next Quarter:

Continue promotion of program
and increase uptake.

FutureFit Homes - Residential
Incentives
Worked to re-shape program.

Next Quarter:

Plan meeting for policy and
pricing mechanisms for
multifamily developments. Host
meeting with stakeholders.

Silicon Valley Transportation
Electrification Clearinghouse
Processed applications to full
reserve funding before program
end date of July 31.

Next Quarter:

Continue with completing
existing projects with reserved
funds.

CALeVIP 1.0
Executed agreements with 4
DCFC sites. Prepared process for
milestone payments.

Next Quarter:

Monitor site construction
progress and milestones.

Priority Zone DC Fast Charger
(PZDCFC) 2.0
Amended contract with vendor
for next phase of program.

Next Quarter:

Expand marketing to reach small
and medium business customers.

FutureFit Assist
Facilitated 5 public fleets
through program. Fleets in
varying stages of completion.

Next Quarter:

Continue to identify private
fleets and facilitate fleets
through program.

Fleet Electrification Program
DECARBONIZATION PROGRAMS Q2 2023
Active Programs
Quarterly Report
Item 1h
Attach 1
Up to 19 active reservations with
~$882K in funding. First claim
received.

Next Quarter:

Expand enrollment for program.

CHIIP
Launched charger rebate and
continued marketing efforts
Launched Critical GridShift Hours
in July for grid stability.

Next Quarter:

Continue program marketing and
enrollment.

GridShift: EV Charging
Launched Electric Yard Care, Go
Electric Summer campaign,
Summer Resiliency promotion.

Next Quarter:

Launch and market
summer-ready appliances
promotion.

Customer Resource Center
(eHub)
Continue Grant Administration
Next Quarter:

Receive first quarter progress
reports.

Decarbonization Demonstration
Grants
Continue Grant Administration.

Next Quarter:

Receive first quarter progress
reports.

Decarbonization Engagement
Grants
Worked on SVCE’s vision for the
“grid of the future” to shape
future VPP efforts and program
designs.

Next Quarter:

Sunrun coordinating with 4PRO
to manage aggregated solar +
storage systems.

Lights On Silicon Valley
Expanded program eligibility and
conducted additional marketing
to increase program
participation.

Next Quarter:

Continue program
implementation.

Medical Battery Program
DECARBONIZATION PROGRAMS Q2 2023
Active Programs
Quarterly Report
Item 1h
Attach 1
DECARBONIZATION PROGRAMS Q2 2023
Programs in Development
Quarterly Report
Concierge vendor selected
(SMUD). Began program design.

Next Quarter:

Continue planning and designing
program.

FutureFit Homes - Concierge
Completed building official and
contractor interviews.

Next Quarter:

Finalize report and plan next
steps internally.

Permit Modernization
Released RFP for program
operator to assist with program
design and planning.

Next Quarter:

Select program operator. Begin
stakeholder engagement.

Multifamily Direct Install
Closed/Inactive Programs
Reach Codes 2019 were adopted
by 12 of 13 member agencies.

Several agencies updated Reach
Codes in the 2022 code cycle.

Reach Codes 2019
Program closed in December
2022. Active applications were
transitioned to FutureFit Homes
Incentives program.

FutureFit Homes Heat Pump
Water Heater 2.0
The final pilot from 2021 with
NeoCharge was completed in
May 2023. Future program
pathway is being determined.

Innovation Onramp
CPUC decision issued in June,
which highly favors SVCE’s TOB
proposal. Worked to respond
CPUC comments.

Next Quarter:

Continued working with TECH
team to advance SVCE’s pilot
program proposal through
CPUC’s process.

Tariffed On Bill (TOB) Financing
Program design and stakeholder
engagement for BE colaition.

Next Quarter:

Continue stakeholder mapping
and engagement.

Silicon Valley Building Electrification
Strategic Taskforce
Completed stakeholder meetings
and began working on program
design.

Next Quarter:

Program design will be approved
and initial implementation
outreach to communities will be
conducted.

Existing Building Policy
Experimentation
Next Quarter:

Finalize the SOW, partner with
PCE to ensure regional
consistency. Set up working
group with other Bay Area CCA's
and BAAQMD.

Feasibility Assessment of Natural
Gas Phase Out by 2045
Item 1h
Attach 1
DECARBONIZATION PROGRAMS Q2 2023
Active Programs Glossary
CALeVIP 1.0: Incentives for L2 and DCFC publicly-accessible EV chargers funded by California Energy Commission and SVCE as a part of a regional collaboration.

CHIIP: Incentive program for L1 and L2 EV charging at hard-to-reach multifamily properties.

Community Energy Resilience: Resources (grants) and tools for member agencies to increase individual and collective capacity to adapt to future power outages.

Customer Resource Center (eHub): Online customer resource center and marketplace to enable engagement, education, and action related to clean electricity, EVs, and home electrification.

Electric Showcase Awards 2.0: Award program to recognize residential, commercial, and non-profits who are early adopters of existing building electrification.

Decarbonization Demonstration Grants: Grants to encourage member agencies and other key groups an opportunity to electrify their facilities. Focus on projects with public visibility for education/awareness purposes.

Decarbonization Engagement Grants: Grants for member agencies and other key groups to work on smaller electrification engagement initiatives to engage their communities.

Electrification Rate Discount: Custom rate to promote building electrification.

Existing Building Policy Experimentation: Assess and support potential policy levers that member agencies can explore to mitigate emissions from existing buildings.

Feasibility Assessment of Natural Gas Phase Out by 2045: Feasibility study to identify technical, legal, and economic barriers and opportunities for phasing out natural gas service by 2045 in SVCE's service territory.

Fleet Electrification Program: Competitive application for SVCE’s fleet electrification planning support and funding for site upgrades targeting a broad set of fleet types.

FutureFit Assist: Technical assistance for preliminary site design and pertinent rebates for charging at multifamily housing and small and medium workplace properties.

FutureFit Fundamentals Contractor Training: Training and financial incentive program for contractors to expand their knowledge and installation of electrification technologies.

FutureFit Homes - Concierge: Comprehensive one-on-one phone or web assistance to SVCE customers to assist them in applying for electrification incentives, technical assistance, or developing a whole-home electrification plan.

FutureFit Homes - Residential Incentives: Incentives for various building electrification technologies for single- and small multi-family residential customers. Includes major appliances as well as eventual gas meter removal.

FutureFit Homes and Buildings - C&I Incentives: Incentives for demonstration projects at a handful of small and medium business properties.

GridShift EV Charging: Managed EV charging phone app that optimizes charging to reduce associated costs and emissions. Includes incentives for reducing grid peak demand.

Item 1h
Attach 1
DECARBONIZATION PROGRAMS Q2 2023
Active Programs Glossary
Lights On Silicon Valley: Provide incentives for enrolling solar and battery systems in the SVCE grid services program.

Medical Battery Program: Pilot program to deploy ~50 portable batteries to qualified customers who rely on power for medical equipment.

Multifamily BE & TE Direct Install: Comprehensive building and transportation electrification retrofits with a direct installer for multifamily affordable housing sites.

Permit Modernization: Benchmark and streamline member agency permitting and inspection processes to identify barriers and opportunities to electrification.

Priority Zone DC Fast Charger (PZDCFC) 2.0: Competitive grant application for DCFC installations in “priority zones” that support designated multifamily housing clusters.

Reach Codes 2.0: Provide model building energy codes supportive of all-electric design and EV infrastructure to member agencies along with consultant support.

SVBEST: Regular regional stakeholder convenings to coordinate program alignment across building decarbonization workstreams.

SVTEC: Regular regional stakeholder meetings focused on information sharing, solving critical issues, and attracting external funding to the SVCE community in support of EV infrastructure deployment.

Tariffed On Bill (TOB) Financing: Equitable financing pilot program for electrification for low-moderate income residents focusing cost recovery through on-bill charges that are lower than bill savings.

View our active rebates here.

Item 1h
Attach 1
Staff Report – Item 1i
Item 1i: Executive Committee Report
To: Silicon Valley Clean Energy Board of Directors
Prepared by: Tina Walia, Executive Committee Chair
Date: 8/9/2023
Item 1i
The Executive Committee met June 23, 2023 and considered staff’s request for the Executive Committee to recommend the SVCE Board of Directors ratify broker transaction expenses for past commodity purchases, a request for the committee to recommend the Board of Directors approve the amended Energy Risk Management Policy, and the committee heard updates from staff on the FY 2023-24 budget framework and the medical baseline battery pilot.

Zak Liske, Senior Manager of Power Operations, presented the item requesting the Executive Committee’s support in recommending the Board of Directors ratify broker transaction expenses for past commodity purchases. Staff identified SVCE’s Purchasing Policy, FP6, limits not-to-exceed maximum dollar amount to $100,000 per vendor per fiscal year and noted broker expenses for past commodity transactions totaled over ~$357,000. For past transactions, staff recommended that, to the extent the transactions exceed the CEO’s authority, the Executive Committee recommend that the Board ratify these past broker expenses. The committee discussed the charges, specifically the amount to be ratified and if the ask should identify the exact amount or if it should be a higher number to allow some cushion. For the vote, the committee supported staff’s recommendation for the Executive Committee to recommend the Board of Directors ratify these broker expenses in an amount totaling $357,515.55, with an option to increase this amount if needed.

Karthik Rajan, Senior Risk Manager, provided information on the proposed amendments to SVCE’s Energy Risk Management policy which included enhanced approved product provisions for executing gas transactions for potential hedging of peaking resources like Middle River transactions; enhanced delegation of authority accounting for gas transactions, and accounting for brokerage cost (mainly for RA transactions); and a streamlined process for authorized personnel acknowledgements. The committee discussed these proposed amendments in greater detail and if the item would be appropriate to place on the Consent Calendar or regular calendar at the Board of Directors meeting; following this discussion, the committee was in consensus for the item to be placed on the Consent Calendar. For the vote, the committee supported staff’s recommendation for the Executive Committee to recommend the SVCE Board of Directors approve revisions to SVCE’s Energy Risk Management policy as presented by staff.

Amrit Singh, CFO and Director of Administrative Services, presented an update on SVCE’s FY 2023-24 Budget framework and preliminary budget forecast, noting the final budget numbers would be developed using July’s latest energy price market data. The Committee suggested comparing SVCE’s full-time staff numbers with those of other CCAs, and discussed removing the request to transfer funds towards an SVCE building purchase if margin projections deteriorated further.

Raul Hernandez, Senior Marketing Specialist, provided a presentation with an overview of SVCE’s Medical Baseline Battery Pilot program, which was created to provide 50 free backup batteries to SVCE customers who require electricity for medical devices and are at higher risk of possible power outages.

Page 1 of 2 ends

SILICON VALLEY

CLEAN ENERGY
Agenda Item: 1i Agenda Date: 8/9/2023

Page 2 of 2 ends

Materials from this meeting can be found on SVCE’s website: SVCE Executive Committee Meeting, June 23, 2023
The July meeting of the Executive Committee was cancelled, and the committee did not meet. The next meeting of the Executive Committee is scheduled for August 25, 2023 at 10:00 a.m.; materials will be posted no later than 72 hours in advance of the meeting.

Item 1i

Page 1 of 1 ends

Staff Report – Item 1j
Item 1j: Finance and Administration Committee Report
To: Silicon Valley Clean Energy Board of Directors
Prepared by: Hung Wei, Finance and Administration Committee Chair Date: 8/9/2023
The Finance and Administration Committee met August 1, 2023 and received a presentation from staff requesting the committee recommend that the SVCE Board of Directors approve the proposed FY 2023-24 operating budget and support changing the reserve policy to increase the days of cash on hand from a target of 285 days cash on hand to 300 days cash on hand.

Amrit Singh, CFO and Director of Administrative Services, presented the proposed fiscal year 2023-2024 budget, which showed a potentially positive financial year, though results are uncertain due to the impact of energy price volatility in revenues. Highlights included a recommendation to keep the current customer discount rate of 4% and revisit in December when there is more certainty on PG&E rates, the addition of nine full-time positions, and a contribution to reserves of approximately $7.7 million. The committee discussed reserve targets and increasing the target of current days of cash on hand from 285 to 300, and delaying decisions on additional funding for programs or set aside for a building fund. The committee supported staff taking initial actions to be prepared to purchase a space in a building if opportune circumstances presented itself. The Finance and Administration Committee voted in support of staff’s request to recommend the proposed FY 2023-24 operating budget and increasing the days of cash on hand to a target of 300 days cash on hand from the current 285.

Materials from this meeting can be found at the following link: SVCE Finance and Administration Committee Meeting, 8/1/23.

The next Finance and Administration Committee meeting will be scheduled based on committee member availability.

Item 1j
SILICON VALLEY \3/ CLEAN ENERGY

Page 1 of 1 ends

Staff Report – Item 1k
Item 1k: California Community Power Report
To: Silicon Valley Clean Energy Board of Directors
From: Girish Balachandran, CEO
Date: 8/9/2023
Per direction from the SVCE Board on December 9, 2020 for the CEO to provide a report of the ongoing activities of California Community Power (CC Power) after each of its meetings, this is to report CC Power held a regular board meeting on Wednesday, June 21, 2023 and adjourned the July 19, 2023 meeting.

Attached is a summary report from General Manager Alex Morris; materials from the June board meeting can be found here on the CC Power website: CC Power Meeting, 6/21/23 The next meeting of the board will be August 16, 2023 at 1:00 p.m.; meeting materials can be found on the CC Power website: https://cacommunitypower.org/meetings/
ATTACHMENTS:

1. CA Community Power Board Meeting Summary from General Manager Alex Morris, June 21, 2023 Item 1k
SILICON VALLEY \3/ CLEAN ENERGY
California Community Power
901 H St, Ste 120 PMB 157, Sacramento, CA 95814 | cacommunitypower.org A Joint Powers Agency whose members are:

Central Coast Community Energy | CleanPowerSF | East Bay Community Energy | MCE | Peninsula Clean Energy | Redwood Coast Energy Authority | San José Clean Energy | Silicon Valley Clean Energy | Sonoma Clean Power | Valley Clean Energy
TO: CC Power Board of Directors and Alternates DATE: 6/21/2023 FROM: Alex Morris – General Manager
SUBJECT: Report on CC Power Regular Board of Directors Meeting – June 21, 2023 The CC Power Board of Directors held its regularly scheduled meeting on Wednesday, June 21, 2023, via Zoom. Details on the Board packet, presentation materials, and public comment letters can be found under the Meetings tab at the CC Power website: Meetings and Agendas – ca community power
Highlights of the meeting included the following:
• Matters subsequent to posting the Agenda. None.
• Public Comment. None.
• Consent Calendar - The Board approved the following items:
o Minutes of the Regular Board Meeting held on March 15, 2023. (Re-approved after a technical issue at the April Board Mtg.)
o Minutes of the Regular Board Meeting held on April 19, 2023 o Acknowledgement of Receipt and Review of 2021 and 2022 Audit of the Financial Statements of CC Power
o The Initial Draft of CC Power Benefits Plan
o Amendment to General Manager Employment Agreement to Update the Benefit Components of the Agreement
o Delegation of Authority to General Manager to Hire a Resource Planning Manager • Approval of Strategic Actions Towards Offshore Wind Request for Offers – The Board approved a suite of actions designed to advance CC Power’s expected future pursuit of Offshore Wind capacity and contracts. These actions include compiling a plan on timing and MW amounts for a future RFO, targeted for 2025-2027. The RFO will inform developers on timing and size of contracts, such that they may take steps to further prepare themselves for contracting. Additional actions related to exploring pilots, learning best practices from other areas of offshore wind development, collaborating and engaging with community members and stakeholder groups, recommending actions for the state regarding ports, supply-chain, and permitting, informing transmission build-out through Integrated Resource Plans, and exploring possible pilots were also identified as strategic actions as approved. CC Power will update the board following this resolution at future Board meetings.
• General Manager Update regarding Operating Structures and Workplans – the Board reviewed progress to date in establishing working groups, project advisory subcommittees, and other activities and new tools designed to respond to the CC Power Strategic plan, Item 1k
Attachment 1
2 approved in December 2022. These operational processes, tools, and norms, all support the ongoing operations of CC Power and better enable efficient participation from member-CCAs. The main working groups include: Resource Planning Working Group, Shared-Services Working Group, and Customer Programs Working Group. • Discussion of Inflation Reduction Act Project – The Board discussed a project to strategically assess the Inflation Reduction Act so as to inform possible strategic actions CC Power may wish to pursue. Such actions may include ownership of resources, procurement of specific technologies or projects with specific benefits, or development of customer programs enabled by Inflation Reduction Act benefits. This work-effort will occur primarily from July – September. No vote was taken.
• Decision to Commend and Thank Jan Pepper for her Service to California Community Power – The Board approved a resolution to recognize Jan Pepper for her service, leadership, and contributions. Jan will partially retire by July 1 and will end her service on the CC Power Board. Jan was recognized as a first mover and key leader in the CCA space. • Decision to Commend and Thank Tim Haines for his Service to California Community Power – The Board approved a resolution to recognize Tim Haines for his service, leadership, and contributions. Tim completes his time with CC Power on June 30th, and was recognized for helping shepherd CC Power through a major growth and development phase in which four contracts for 200+ MW were signed.
• Other items
o The Board expressed interest in CC Power’s planned September 29, 2023 Workshop, “Getting It Built Right”, where CC Power will welcome feedback and dialogue with stakeholders on what may be involved in project success.

Item 1k
Attachment 1

Page 1 of 1 ends

Staff Report – Item 1l
Item 1l: Legislative Response to Industry Transition 2023 Ad Hoc Committee Report To: Silicon Valley Clean Energy Board of Directors
Prepared by: Yvonne Martinez Beltran, Committee Chair
Date: 8/9/2023
The Legislative Response to Industry Transition 2023 Ad Hoc Committee held its second meeting on June 21, 2023. The committee received information from staff on the state budget and discussed priority legislation aligned with SVCE’s 2023 Legislative Policy Platform.

The next meeting of the Committee is expected to be held in the fall and will be scheduled based on member availability.

Item 1l

SILICON VALLEY

CLEAN ENERGY

Page 1 of 1 ends

Staff Report – Item 1m
Item 1m: Audit Committee Report
To: Silicon Valley Clean Energy Board of Directors
Prepared by: Andrea Pizano, Board Clerk/Executive Assistant Date: 8/9/2023
There is no report for the Audit Committee as the committee has not met since February 16, 2023; the next meeting of the Audit Committee will be scheduled based on member availability.

Item 1m

SILICON VALLEY

CLEAN ENERGY

Page 1 of 4 ends

Staff Report – Item 2
Item 2: CEO Report
To: Silicon Valley Clean Energy Board of Directors
Prepared by: Girish Balachandran, CEO
Date: 8/9/2023
REPORT
Staff Updates
Joseph (Joey) Lande joined SVCE June 20, 2023 as an Energy Services Principal. Joey comes to SVCE most recently from Marin Clean Energy (MCE), where he led the programs team in developing and implementing innovative and exciting energy efficiency and demand flexibility programing. He has a master’s degree in Environmental Science from the central European University in Hungary and a deep background of experience in energy, program design, and sustainability.

Colleen McCamy started as SVCE’s new Associate Data Scientist on July 17, 2023. She will be supporting the team by advancing strategic and exploratory analysis for data-driven decisions that contribute to SVCE’s mission. Most recently, Colleen received a Master of Environmental Data Science from the Bren School of Environmental Science & Management at UC Santa Barbara where she explored the potential for co-locating utility-scale solar PV at existing wind resources in the U.S. Colleen has been part of the SVCE team since September 2018 starting as Climate Corps Fellow and since then held various roles within the Energy Services and Community Relations Department.

Personnel Officer Update
Since the June Board meeting, SVCE has filled the Energy Services Principal and Associate Data Scientist positions. There are currently five open recruitments: 1) Power Resources Planner, 2) Regulatory Analyst/Senior Regulatory Analyst, 3) Power Resources Manager, 4) Director of Human Resources, and 5) Information Technology Analyst. Please help us spread the word and direct any interested candidates to SVCE’s website:
https://svcleanenergy.org/jobs/
Staff is gearing up for our fourth in-person retreat of the year on August 10th and 11th; the focus of this retreat is “2023 Workplan Focus and Overview of Upcoming Years”.

CEO Agreements Executed
The following agreements have been executed by the CEO, consistent with the authority delegated by the Board:
1) SMUD, Amendment to Task Order: SMB Program Support, not to exceed $264,000 2) Enervee, Amendment: Master Subscription Agreement, extends term to 9/30/24 3) City of Monte Sereno, Grant Agreement: Decarbonization Grant Program Agreement, not to exceed $500,000, term ends 12/31/24
4) PFM Asset Management, Amendment: Investment Advisory Services 5) City of Mountain View, Grant Agreement: Decarbonization Grant Program Agreement, not to exceed $70,000, term ends 12/31/24
6) City of Mountain View, Grant Agreement: Decarbonization Grant Program Agreement, not to exceed $497,000, terms ends 12/31/24
Item 2
SILICON VALLEY \3/ CLEAN ENERGY
Agenda Item: 2 Agenda Date: 8/9/2023

Page 2 of 4 ends

7) SMUD, Agreement: Electrification Concierge Consultant Services, not to exceed $892,059, 6/21/23- 8/27/26
8) SEI, Amendment: Climate Corps Fellow Hosting Services, not to exceed $184,765, 9/1/22 – 12/31/23 9) ClearResult Consulting, Amendment: Electric Vehicle Technical Assistance, no to exceed $725,000, extends term to 12/31/23
10)City of Campbell, Grant Agreement: Decarbonization Grant Program Agreement, not to exceed $500,000, term ends 12/31/24
11)City of Sunnyvale, Grant Agreement: Decarbonization Grant Program Agreement, not to exceed $500,000, term ends 12/31/24
12)Raimi & Associates, Amendment: Electrification Policy Experimentation Program Design, extends term to 10/31/23
13)ADM, Amendment: Customer Awareness Survey and eHub Evaluation, not to exceed $105,930 14)Tedesco & Associates, Agreement: Recruitment Services, not to exceed $60,000 15)Autogrid Systems, INC., Agreement: Demand Response Program, not to exceed $90,000, 7/14/23- 7/13/24
16)CC Power, Agreement: Marketing/Comms Support, Website Services and IT Support, not to exceed $31,000 (SVCE to invoice for work done)
Item 2

Page 3 of 4 ends

CEO Power Supply Agreements Executed
Counterparty Name Execution/Effective Date Transaction Type Product Start Date End Date Notional Value SDG&E 6/6/2023 Purchase Resource Adequacy 8/1/2023 9/30/2023 $1,491,000 High Desert Power 5/25/2023 Purchase Resource Adequacy 5/1/2024 5/30/2024 $650,000 3Phases 6/1/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $540,000 Southern California Edison 6/2/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $1,500,000 Sonoma Clean Power 6/2/2023 Purchase Import Allocation Rights 8/1/2023 8/31/2023 $45,000 Peninsula Clean Energy 6/5/2023 Purchase Import Allocation Rights 8/1/2023 8/31/2023 $92,000 Shell North America 6/9/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $189,000 East Bay Community Energy 6/8/2023 Sale Resource Adequacy 8/1/2023 8/31/2023 $1,680,000 East Bay Community Energy 6/8/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $1,708,000 East Bay Community Energy 6/8/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $240,000 Direct Energy 6/6/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $1,300,000 Direct Energy 6/1/2023 Purchase Import Allocation Rights 8/1/2023 8/31/2023 $36,000 Bonneville Power Authority 6/14/2023 Purchase Resource Adequacy & ACS 8/1/2023 8/31/2023 $6,544,800 PG&E 6/15/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $1,380,000 Southern California Edison 6/15/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $1,525,000 San Diego Community Power 6/27/2023 Sale Resource Adequacy 8/1/2023 8/31/2023 $1,144,000 Saavi Energy 5/4/2023 Purchase Resource Adequacy 5/1/2024 10/31/2024 $8,295,000 Clean Power Alliance 6/13/2023 Purchase Resource Adequacy 8/1/2023 8/31/2023 $2,440,000 East Bay Community Energy 6/21/2023 Purchase Resource Adequacy 9/1/2023 9/30/2023 $390,000 These agreements are included in the Board packet as Appendix A.

Item 2

SILICON VALLEY

CLEAN ENERGY

Page 4 of 4 ends

Presentations & Relevant Meetings Attended by CEO
- Participated in CalCCA Monthly board, executive, and legislative meetings - CC Power Board Meeting, June 21, 2023 (General Manager report is on Consent Calendar)

ATTACHMENTS

1. Clean Power Update, August 2023

2. Decarb Programs & Policy Update, August 2023

3. Energy Services & Community Relations Update, August 2023

4. Regulatory and Legislative Update, August 2023

5. Agenda Look Ahead, August – December 2023
Item 2
SILICON VALLEY \3/ CLEAN ENERGY
1 • Subtitle
New SV Clean Energy
PowerPoint Template
CEO Report
Clean Power Update
SVCE Board Meeting
August 9, 2023
Item 2
Attachment 1
2 Clean Long-term Power Agreements
• $2B+ in commitments
• 16 PPAs signed
• 13 new build projects
• 676 MW of Renewable Power
• 151 MW lithium-ion storage paired with
445 MW of Solar PV
• 30 MW of Long-duration storage
7 Projects now delivering to SVCE
meeting ~33% of energy needs:
• COSO geothermal - January 2022
• Slate Solar + Storage – January 2022
• Casa Diablo geothermal – September 2022
• Mountain View wind – July 2022
• Rabbitbrush Solar + Storage – October 2022
• Terra-Gen Wind – January 2023
• Yellow Pine Solar + Storage – July 2023
https://svcleanenergy.org/power-sources/#1626304852954-906a3be9-bede Item 2
Attachment 1
3 SVCE Long-Term Clean Energy Contracts
Status
SVCE
Board
Approval
Lifetime Not
to Exceed
Authority
Term (years) (MM$)
Approximate %
of Annual load
in 2025
Storage
Seller Project Name Technology Generation MW MW
1 MN8 Slate Solar + Storage 93.0 46.5 6.7% 17 $198 Oct-18 Online 2 Ormat Casa Diablo Geothermal 7.0 1.4% 10 $43 Feb-20 Online 3 Atlantica Coso Geothermal 43.8 9.6% 15 $331 Mar-20 Online 4 Leeward Rabbitbrush Solar + Storage 40.0 8 3.0% 15 $64 Apr-20 Online 5 NextEra Yellow Pine Solar + Storage 50.0 26 4.1% 20 $128 May-20 Online 6 Avantus Aratina Solar + Storage 80.0 20 6.6% 20 $174 Jun-20 Pre-construction 7 174 Power Global Atlas Solar 50.0 0 3.8% 10 $27 Jan-21 Pre-construction 8 SB Energy Angela Solar + Storage 20.0 10 1.4% 15 $35 Mar-21 Pre-construction 9 AES Mountain View Wind 33.3 3% 20 $128 Apr-21 Online
10 Origis San Luis West Solar + Storage 62.5 15.625 4% 15 $74 Apr-21 Pre-construction 11 Clearway Victory Pass Solar + Storage 100.0 25 8% 15 $149 May-21 Construction 12 Terra-Gen Cameron Crest Wind 77.7 5% 15 $150 May-21 Online 13 Rev Renewables Tumbleweed Long Duration Storage 15.9375 n/a 15 $100 Feb-22 Pre-construction 14 Onward Goal Line Long Duration Storage 14.2 n/a 15 $100 Mar-22 Pre-construction 15 Ormat Geothermal Portfolio Geothermal 16.75 3.3% 20 $256 Jun-22 Pre-construction 16 OME Fish Lake Geothermal 1.82 0.4% 20 $30 Jun-22 In-development Item 2
Attachment 1
4 Clean Energy Resources Online Progress
as of 7/27/2023
• Angela Solar + Storage – Pre-construction – delayed
2023 – Q2 • Aratina Solar + Storage – Pre-construction – delayed • Yellow Pine Solar + Storage – Achieved Commercial Operation in 2023 – Q3 CAISO 2023 – Q4 • San Luis West Solar + Storage - Pre-construction – delayed 2024 – Q1 • Victory Pass Solar + Storage – Construction mode – delayed 2024 – Q2 • FCR: Fish Lake Geothermal – Pre-construction • FCR: Ormat Geothermal - Pre-construction
• LDS: Goal Line and Tumbleweed - Pre-construction 2025+ • Atlas Solar – Pre-construction - delayed Item 2
Attachment 1
5 THANK YOU!
Item 2
Attachment 1
Permit Modernization
Resilience at Community Facilities
FutureFit Homes & Buildings
Regional Coordination
Click for More Information Active In Development Complete C&I Clean Power Offerings
Electric Showcase Awards
FutureFit Heat Pump Water Heater
FutureFit Fundamentals
Accessible Financing
Existing Building Policy Experimentation
Feasibility Assessment - Natural Gas Phase Out By 2045
CA Electric Vehicle Infrastructure Project (CALeVIP)
Priority Zone DCFC
Future Fit Assist
Fleet Electrification Program
SV Transportation Electrification Clearinghouse (SVTEC) Other Virtual Power Plant
Customer Resource Center (eHub)
Innovation Onramp Pilots

PROGRAMS AT A GLANCE
POWER
SUPPLY
GRID

INTEGRATION

EDUCATION &

OUTREACH
BUILT

ENVIRONMENT

MOBILITY

INNOVATION
Reach Codes
CRCR Bill Relief
Lights On Silicon Valley
GridShift EV Charging
Data Hive
Medical Baseline Battery Program
Q2 2023
Building Decarbonization Demonstration Grants
Decarbonization Engagement Grants
SV Building Electrification
Multifamily EV Charging Installation Incentive Program
Multifamily Building Electrification Direct Install
Multifamily EV Charging Direct Install
Item 2
Attachment 2
DPP Update, August 2023
Multi-Family Direct Install Program
Coming in 2024
SVCE will be launching a new $12.5 million program that provides existing deed-restricted affordable multifamily properties with no-cost electrification retrofits. Through a recently issued request for proposals (RFP), SVCE is seeking a program operator and team of contractors to assist with program design, develop electrification plans, and perform the retrofit upgrades. SVCE also plans to engage key stakeholders in the affordable housing realm to inform program design prior to the launch of this program in 2024.

This program aims to offer a cohesive "one stop" solution to multifamily properties that may otherwise find it difficult to electrify by only leveraging incentives.

Silicon Valley Clean Energy (SVCE) customers can get $50 off portable power stations, smart thermostats, evaporative coolers, and air purifiers on the Appliances Assistant. These electric appliances are designed to optimize your energy usage and elevate your summer experience in the comfort of your home.

Portable power stations ensure backup power supply, smart thermostats offer precise temperature control, air purifiers improve indoor air quality, and evaporative coolers offer a cooling solution for homes without central air. Together, they create an environment that keeps you cool, comfortable, and content during the warmest months of the year. Learn more here.
$50 off Electric Appliances to Get You Summer-Ready

DECARBONIZATION PROGRAMS UPDATE

JULY HIGHLIGHTS
Item 2
Attachment 2
DPP Update, August 2023
10/22 11/22 12/22 1/23 2/23 6/23
1,500
1,000
500
0 Rebates claimed*: $446K
Rebates reserved: $1.37M
Total $Funds Reserved
0 10 20 30 40
Commercial business
Government
Multifamily
School/Nonprofit
Incentive program for L1 and L2 EV charging
infrastructure at multifamily properties
Jan-Mar Apr-Jun
0 100 200 300
HPWH

HP HVAC
Panel Upgrades
Pre-wiring
Meter Removals
Funds Reserved: $823K
Approved Reservations: 19
Goal: 35 Sites, 150 ports
ONGOING METRICS Q2 2023
Future Fit Homes
Provide incentives to residents for electric heat
pump water heaters (HPWH), heat pump HVAC
systems, service panel upgrades, and pre-wiring
upgrades to replace gas appliances.

Future Fit Assist
Assistance in site assessment, preliminary
design, and applying to rebates for charging at
multifamily housing and small and medium
workplace properties.

Cumulative Applications
Charging Installation
Incentive Program
*Under old program FY20** -2022
Number of Reservations
$ 1.5M
$ 1.0M
$ 500K
Item 2
Attachment 2
DPP Update, August 2023
SILICON VALLEY <3/ CLEAN ENERGY
CALeVIP
Level 2 DCFC
8 6
4 2
0 1 /21
12/21
1/2
2/23/24/25/26/2
7/28/29/2
10/23/23
6/23
250
200
150
100
50 0
Reserved
ONGOING METRICS Q2 2023
Provide incentives for electric vehicle (EV) chargers
as part of a regional program.
= 25 Level 2 Installations
150 Participants Complete
the Course (Phase 1)
Goal:

Funding: $1.5M
Completions
FutureFit Fundamentals
Provide financial relief to contractors by
expanding their knowledge of electrification
technologies.
1K Level 2 + 85 DC Fast
Chargers by 2023
Goal:

Funding: $11.58M
= 5 Participants Complete Course
Funds Issued = 5 DCFC Installations
$1.5M
102
Remaining Funds
Registrations
201
$5.8M
$909K $700K
$1.75M
$2.4M
$6M
$4M
$2M
Item 2
Attachment 2
DPP Update, August 2023
*
mm ***** ***** ***** *****
e es
>J'J>¥¥¥>¥¥¥¥¥¥¥¥¥*¥¥¥
1/2
2/23/24/25/26/28/29/2
10/2
1 /2
12/2
1/23
2/23
3/23
4/23
5/23
6/30
1,250
1,000
750
500
250
0 9/2
10/2
1 /2
12/2
1/23
2/23
3/23
4/23
5/23
6/23
250,000
200,000
150,000
100,000
50,000
0 ONGOING METRICS Q2 2023
GridShift EV Charging
Managed EV charging app that optimizes charging
to reduce associated costs and emissions.

Charger Rebates Reserved: 52 Number of Enrolled EVs
1,042
Charger Rebate Funds
Reserved: $120K
Charger Rebate goal: 120
eHUB Report
Online customer resource center to enable
engagement, education and action related to clean
electricity, EVs and home electrification.
= 1 email campaign completed
247,412
eHub visitor Goals:

Reach 275K Unique Visitors by EOY
23,013
Unique Visits Return Visits
FY 22-23
Goal:

Conduct 10 full-scale email
campaigns
Item 2
Attachment 2
DPP Update, August 2023
!■
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1 1. Outreach Events & Sponsorships
Date Sponsorship Location
8/2/2023 Livable Sunnyvale General Meeting
6:30 p.m.

Presentation
Toyota Sunnyvale
898 W El Camino Real Sunnyvale
Sunnyvale, CA 94087
8/21/2023 33rd Annual Los Altos Chamber of
Commerce Charity Golf Classic
10:00 a.m. - 5:00 p.m.

Sponsorship
Los Altos Golf & Country Club
1560 Country Club Dr.

Los Altos, CA 94024
8/24/2023 Silicon Valley Bike Coalition Summit
8:30 a.m. – 6:00 p.m.

Sponsorship
Mountain View Community Center
201 S Rengstorff Ave
Mountain View, CA 94040
8/27/2023 Los Gatos Music in the Park
5:00 p.m. – 7:00 p.m.

Sponsorship and tabling
Los Gatos Civic Center Lawn
110 E Main St
Los Gatos, CA 95030
August 2023 Sunnyvale Music & Dining Nights
Branding sponsorship throughout series; tabling on
8/16/23
Downtown Sunnyvale
Murphy Avenue
Item 2
Attachment 3
ESCR Update, August 2023
2 Participation Rate
Overall Participation
Rate
Residential 96.31%

96.35%
Commercial 96.73%

2. Customer Participation
Item 2
Attachment 3
ESCR Update, August 2023

SILICON VALLEY

CLEAN ENERGY
3 The most recent MAWG meeting was held on June 29, 2023, and was attended by 9 different agencies and organizations with a total of 15 participants.

The following agenda items were presented and discussed:
• IRA Update: Direct Pay Guidance
• Mountain View's Engagement Grant Project - Expanding Outreach • 2022 Power Source Disclosure
• Medical Battery Program
• Priority Zone DC Fast Charger (PZDCFC)
• Clean Healthy Affordable Multifamily Properties (CHAMP) • Cities Association Annual Meeting

3. Member Agency Working Group – June
Update
*MAWG took a recess during the month of July and will resume monthly meetings in August.

Item 2
Attachment 3
ESCR Update, August 2023
4 • This year, awards were given to
creative presentation categories, and
middle schools were invited to
participate
• Nine middle school and high school
students won scholarship awards, for a
total of $19,000
• 16 films submissions featured concepts
like home electrification and the
impacts of climate change
• Winners featured in the newsletter and
individually highlighted in a social
media campaign

4. EmPower Silicon Valley Short Film Competition
Stronger Together by Kelly Tung (Monta Vista High School, Grade 11) Winner of Best Narrative or Storytelling
Item 2
Attachment 3
ESCR Update, August 2023
5 Purpose of Sweepstakes: Encourage customers
to learn about electrification and visit eHub tools.

Sweepstakes Rules: Participants can receive
entries by completing specific actions and are
entered into a drawing to win prizes.

Prizes: Ten winners had the opportunity to choose
between a $500 electric bill credit, a Caraway 12-
piece cookware set paired with a portable induction
cooktop, or a portable power station paired with a
Google NEST Learning Thermostat. All ten
customers who won in the sweepstakes chose the
$500 electric bill credit.

5. Go Electric Summer Kick Off Sweepstakes Results
Sweepstakes
Results
114,152 Total Entries
4,840 Participants
24,095 Actions Completed
Launched May 18, closed June 18
Item 2
Attachment 3
ESCR Update, August 2023
6 6. Press Releases
• Silicon Valley Clean Energy ‘A’ Issuer Credit Rating
Affirmed by S&P, press release, 06-07-23
• Central Coast Community Energy and Silicon Valley
Clean Energy Celebrate 30 Megawatt Casa Diablo-IV Geothermal Power Plant, press release, 07-09-23 • Scholarships Awarded to Students in EmPower
Silicon Valley Short Film Competition, press release,
07-10-23
• Silicon Valley Clean Energy Launches the Small-to-Medium Business Rebates Program, press release, 07-18-23
• Moody’s Investor Service Upgrades Silicon Valley
Clean Energy Investment-Grade Credit Rating to
Baa1, press release, 07-27-23
Item 2
Attachment 3
ESCR Update, August 2023
SV Clean Energy @SVCleanEnergy • Jun 9
We joined @3CEnergy &@Ormatlnc to celebrate the Casa Diablo-IV geothermal project. The state-of-the-art project generates 30MW of renewable electricity around-the-clock, enough energy to power 22K homes and offset 4M tons of carbon emissions. Read more:
svcleanenergy.org
Central Coast Community Energy and Silicon Valley Clean Energy Cel...

MAMMOTH LAKES, Calif., June 9, 2023-Central Coast Community Energy (3CE) and Silicon Valley Clean Energy (SVCE) today celebrated...

O 1 tl 3 Q 9 ||,| 539 i
7 7. Media – June
• How clean is our electricity?, Mountain View
Voice, 06-18-23
• Impact Muni Bond: $1 billion in green bonds to
reduce the cost of clean energy in Southern
California, Impact Alpha, 06-27-23
• EVgo Crosses $10M Milestone in Utility Incentive
Funding Awarded Since 2022, Market Screener,
06-29-23
• FUHSD Students Win 2023 California Green
Ribbon Award, The Silicon Valley Voice, 06-30-23
Item 2
Attachment 3
ESCR Update, August 2023
Santa Clara f
*
0 Subscribe Legal Notices
s THE SILICON VALLEY VOICE
Power To Your Voice
*
FUHSD Students Win 2023
California Green Ribbon Award
Erika Towne & Press Release
POSTED 03:00 AM,June 30, 2023
8 • South Bay nonprofit offers clean energy business rebates, SiliconValley.com, 07-23-23
• South Bay nonprofit offers clean energy business rebates, The Mercury News, 07-23-23
• Short film competition explores ‘Power of Community’ in Cupertino, The Mercury News, East Bay Times, San Francisco Daily Journal, 07-23-23
• Short film competition explores ‘Power of Community’ in Saratoga, The Mercury News, San Francisco Daily Journal, 07- 23-23
• Short film competition explores ‘Power of Community’ in Mountain View, The Mercury News, East Bay Times, 07-23-23

7. Media – July
Item 2
Attachment 3
ESCR Update, August 2023
SheHiereury News o
LOCAL NEWS •News
Short film competition explores‘Power of
Community’in Mountain View
Three student filmmakers win scholarshipsfrom Silicon Valley Clean Energy
OOOOO
• Subtitle
New SV Clean Energy
PowerPoint Template
Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
CD Policy Updates
Regulatory Update:

1. Load Management Standards

2. Distributed Energy Resources Data Access
Proceeding
Legislative Update:

1. Budget Trailer Bill/AB 1373 (Garcia)

2. SVCE Legislative Positions
2 Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
Regulatory
Update
•
•
Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
Key Regulatory Proceedings
I Proceeding Purpose Status
Resource Adequacy
(R.21-10-002)
To ensure the safe and
reliable operation of the
grid in real-time
providing sufficient
resources to the
California Independent
System Operator
(CAISO) when and
where needed.

To incentivize the siting
and construction of new
resources needed for
future grid reliability.

On June 29th, the CPUC adopted a new decision in the RA proceeding which includes several program refinements. Key amongst them is a prohibition on CCA service territory expansion for CCAs which had a greater than 1% RA deficiency in the prior 2-years. There are limited circumstances where a CCA may be allowed to file for expansion if the deficiency is cleared in the month ahead filing.

The CPUC argues LSEs which do not meet their RA obligations are detrimental to grid reliability and cause cost shifting amongst customers.

Similar to CCAs, Energy Service Providers (ESPs) are not allowed to sign new Direct Access customers if they have had an RA deficiency in the prior 2 years. As the current Provider of Last Resort, lOUs are exempt from the rule.

Separately, the Decision sets the 2024 and 2025 PRM at 17% and extends the "effective PRM" through 2025 which encourages the lOUs to continue to procure 1,700-3,200 MW of contingency resources.

Distributed Energy
Resource Program
Data Access and other
matters
(R.22-11-013)
To achieve
consistency, improve data
access, and use
for distributed
energy resource (DER)
customer programs.

A Ruling was issued in the DER Data Access proceeding to scope and establish a Data Working Group. The Data Working Group will develop solutions for customers and other entities to make informed decisions on selecting, adopting, evaluating, and utilizing DERs. SVCE plans to participate in the Data Working Group.

Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
Legislative
Update
5 •
•
•
Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
Governor’s Energy Reliability Budget Trailer
Bill/AB 1373 (Garcia)
SVCE is working closely with CaICCA on the Governor’s
Budget Trailer Bill on Energy Reliability.

Our most significant remaining concern is unlimited
ability for the CPUC to direct Investor Owned Utilities to centrally procure resources.

While AB 1373 (Garcia) is now a two-year bill, there may be renewed discussions on a Budget Trailer Bill when
the legislature returns from summer recess.

Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
CD SVCE Positions
Status of the bills that SVCE has taken positions on
Bill Summary Legislative
Platform Policy
AB 625
(Aguiar-Curry)
Extends sunset date of the
BioMAT program
Competitive Equity
SB 488
(Alvarado-Gil)
Allows CCAs to participate in the
BioRAM program.

Competitive Equity
SB 410
(Becker)
Reporting, timelines, and
stakeholder group for
distribution-level interconnection.

Clean, Reliable
Grid
SB 527 (Min) Requires CPUC to establish a
Neighborhood Decarb Program.

Climate
Mitigation/Fuel
Switching
AB 593
(Haney)
Directs CEC to create a
statewide building decarb
strategy
Climate
Mitigation/Fuel
Switching
SVCE Position Bill Status
Support Died -two-year bill
Support Died -two-year bill
Support Assembly Energy
Committee
Support Died -two-year bill
Support Senate
7 Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
CD SVCE Positions
Status of the bills that SVCE has taken positions on
Bill Summary Legislative
Platform Policy
SVCE Position Bill Status
AB 1393
(Garcia)
Legislative vehicle for Governor’s
Budget Trailer Bill on energy
reliability
Competitive Equity Oppose Unless
Amended
Died -two-year bill
8 •
•
•
•
•
•
•
•
•
•
•
Item 2
Attachment 4
SVCE Leg/Reg Update, August 2023
1 Key State Legislative Milestones
January 4—Legislature Reconvenes
February 17—Last day for bills to bo introduced
April 28—Last day for policy committees to vote on fiscal bills May 5—Last day for policy committees to vote on non fiscal bills May 19—Last day for fiscal committees to hoar bills introduced in that house Juno 2—Last day for each house to pass bills introduced in that house Juno 15—Budget bill must pass by midnight
July 14—Last day for policy committees to vote on bills September 1 - Last day for fiscal committees to vote on bills September 14 - Last day for each house to pass bills
October 14 - Last day for Governor to sign bills
9 SVCE Agenda Look Ahead
August - December 2023
August 2023 September 2023 October 2023 November 2023 December 2023 Board of Directors, August 9: Board of Directors, September 13:

Consent:

Minutes
July 2023 Treasurer Report
Committee Reports
CEO Agreement Amendments
Clean Air Day Resolution
Regular Calendar:

Budget approval
Update on Strategic Plan and Adopt Strategic
Focus Areas
Board of Directors, October 11:

Consent:

Minutes
August 2023 Treasurer Report
Committee Reports
Adopt FY23-24 Workplan
Receive Q3 2023 Programs Update
Regular Calendar:

TBD
Executive Committee, August 25:

TBD
Program Snapshot
Executive Committee, September 22:

TBD
Program Snapshot
Executive Committee, October 27:

TBD
Program Snapshot
Executive Committee, TBD:

TBD
Program Snapshot
Executive Committee, TBD:

TBD
Program Snapshot
Finance & Admin Committee, Aug 1, 3pm:

Budget Preview
Audit Committee, TBD:

Audit kick-off
8/4/23
Item 2
Attachment 5
Board of Directors, November 8:

Consent:

Minutes
September 2023 Treasurer Report
Committee Reports
Regular Calendar:

TBD
Board of Directors, December 13:

Consent:

Minutes
October 2023 Treasurer Report
Committee Reports
Regular Calendar:

Rate Change Discussion
2024 Legislative Policy Platform
Board Elections Update

Page 1 of 7 ends
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