HomeMy WebLinkAbout2021-05-27; Clean Energy Alliance JPA; ; Approve Increase in Keyes & Fox Legal Services AgreementCLEAN ENERGY ALLIANCE
Staff Report
DATE: May 27, 2021
TO: Clean Energy Alliance Board of Directors
FROM: Barbara Boswell, Interim Chief Executive Officer
ITEM 3: Approve Increase in Keyes & Fox Legal Services Agreement
RECOMMENDATION
Approve increase in Keyes & Fox legal services agreement from not to exceed amount of $120,000 to
$150,000 and authorize the Interim Chief Executive Officer to execute all documents, subject to General
Counsel approval.
BACKGROUND AND DISCUSSION
Clean Energy Alliance (CEA), in partnership with San Diego Community Power, previously engaged Keyes
& Fox to provide legal services regarding San Diego Gas & Electric's (SDG&E) rate proceedings. During
2020, through their efforts, errors were found in SDG&E's assumptions, which were ultimately
addressed by the California Public Utilities Commission, resulting in appropriate rates being set. Staff
recommends extending the agreement with Keyes & Fox to provide services related to SDG&E's 2022
rate setting proceedings. At its April 22, 2021 meeting, the CEA Board approved a not to exceed amount
of $120,000 for the Keyes & Fox engagement. Keyes and Fox has increased their estimates to $150,000
for CEA's share of the services being provided. CEA is only charged for actual worked performed.
FISCAL IMPACT
Funds for the increase not to exceed amount is included in proposed FY 21/22 budget.
ATTACHMENTS
Third Amendment to Joint Representation Agreement Between Keyes & Fox LLP, San Diego Community
Power and Clean Energy Alliance RE Application 20-04-014
DocuSign Envelope ID: B7CE7DB9-8EEB-4811-8C4E-B8654EF77F97
THIRD AMENDMENT TO JOINT REPRESENTATION AGREEMENT BETWEEN
KEYES & FOX LLP, SAN DIEGO COMMUNITY POWER AND CLEAN ENERGY
ALLIANCE RE APPLICATION 20-04-014
This Third Amendment applies to that specific "Joint Representation Agreetnerit Between Keyes
& Fox LLP, San Diego Community Power and Clean Energy Alliance re Application 20-04-014,
which was initially executed on November 12, 2020. ("JRA"), and then revised on January 20,
2021 and February 9, 2021 to provide legal representation to San Diego Community Power
("SDCP") and Clean Energy Alliance ("CEA") before the California Public Utilities
Commission ("Commission") in Application 20-04-014.
This Amendment is made to change to the not-t6-exceed amount in Section 3.c. of that JRA to
$150,000 for SDCP and $150,000 for CEA. This amendment also adds three additional matters
to the scope of the Legal Services: 1) SDG&E's 2020 ERRA Compliance Proceeding (not yet
docketed); 2) Proceeding No. A.21-05-006, the Expedited Application of San Diego Gas &
Electric Company (U 902 E) Under the Energy Resource Recovery Account Trigger Mechanism;
and 3) SDG&E's upcoming sales forecast proceeding (not yet docketed).
By: By:. 51 1
Tim Lindl
Partner
Keyes & Fox LLP
Date: May 20, 2021
Bill Carnahan
Interim Chief Executive Officer
San Diego Community Power
Date: June 11, 2021
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Barbara Boswell
Interim Chief Executive Officer
Clean Energy Alliance
Date: 6/14/2021