HomeMy WebLinkAbout2021-12-30; Clean Energy Alliance JPA; ; Consider Adoption of Resolution No. 2021-019 Approving Implementation Plan Addendum No. 1 Addressing Service Expansion to the Cities of Escondido and San Marcos~
C L EAN ENERGY ALLIANCE
DATE:
TO:
FROM:
ITEM 5:
Staff Report
December 30, 2021
Clean Energy Alliance Board of Directors
Barbara Boswell, Chief Executive Officer
Consider Adoption of Resolution No. 2021-019 Approving Implementation Plan
Addendum No. 1 Addressing Service Expansion to the Cities of Escondido and San Marcos
RECOMMENDATION
Adopt Resolution No. 2021-019 approving Implementation Plan Addendum No. 1 addressing service
expansion to the cities of Escondido and San Marcos and direct staff to file the Implementation Plan
with the California Public Utilities Commission.
BACKGROUND AND DISCUSSION
Subsequent to Clean Energy Alliance's (CEA) successful launch, the cities of Escondido an d San Marcos
requested membersh ip in CEA for the purpose of offering community choice energy within their
communities. Based on the expressed interest in joining CEA, an assessment of the impacts of
expanding CEA operations into the two communities was performed, utilizing historical energy usage
data from San Diego Gas & Electric (SDG&E). The results of the assessment reflected that service
expansion would have a positive impact on CEA and was consistent with CEA's goals. At its special
meeting November 18, 2021, the CEA Board adopt ed Resolution No. 2021-014, authorizing the City of
Escondido to join CEA and at its special meeting December 17, 2021, the CEA Board adopted Resolution
No. 2021-015 authorizing the City of San M arcos to join CEA.
The assessment report determined the optimal time to begin service in Escondido and San Marcos to be
April 2023. In order to be eligible to expand service in 2023, CEA is required by the California Public
Utilities Commission (CPUC) to revise its Implementation Plan, highlighting key impacts and
consequences associated with the addition of the new communities. Through adoption of Resolution E-
4907, the CPUC established a time line related to CCA service expansion, which specifies that the
Implementation Plan Addendum must be submitted to the CPUC no later than January 1 of the year
prior to the desired CCA service establishment date. Consistent with this timing, CEA must file its
Implementation Plan Addendum No. 1 (Addendum No. 1), no later than January 1, 2022, for service
commencement in April 2023. Addendum No. 1 is attached to this staff report.
Addendum No. 1 (Attachment A) has been prepared in conformance with CP UC requirements pursuant
to CPUC Resolution E-4907 and direction provided in subsequent CPUC rulings.
FISCAL IMPACT
December 30, 2021
Implementation Plan Addendum No. 1
Page 2 of2
Based on the results of the energy usage analysis as described in the assessment reports, revenue
generated from energy sales within the cities of Escondido and San Marcos is sufficient to cover the
anticipated expenses related to providing CCA services to those cities. Operational costs will be included
in the Fiscal Year 2022/23 budget.
ATTACHMENTS
Resolution No. 2021-019 approving Implementation Plan Addendum No. 1 Addressing Service Expansion
to the cities of Escondido and San Marcos.
Attachment A Clean Energy Alliance Implementation Plan and Statement of Intent Addendum No. 1
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CLEAN ENERGY ALLIANCE
RESOLUTION NO. 2021-019
A RESOLUTION OF THE CLEAN ENERGY ALLIANCE
APPROVING THE COMMUNITY CHOICE AGGREGATION
IMPLEMENTATION PLAN ADDENDUM NO. 1
AND STATEMENT OF INTENT
WHEREAS, the Clean Energy Alliance (CEA) is a joint powers agency formed on
November 4, 2019, under the Joint Exercise of Power Act, California Government Code section
6500 et seq., among the Cities of Carlsbad, Solana Beach and Del Mar created by the cities of
Carlsbad, Del Mar and Solana Beach; and
WHEREAS, CEA authorized the City of Escondido joining as a member of CEA through
adoption of Resolution 2021-014 on November 18, 2021; and
WHEREAS, CEA authorized the City of San Marcos joining as a member of CEA through
adoption of Resolution 2021-015 on December 17, 2021; and
WHEREAS, the cities of Escondido and San Marcos desire to establish a community
choice aggregation (CCA) program in support of meeting their respective Climate Action Plan
goals; and
WHEREAS, Public Utilities Code Section 366.2(c)(3) requires that prior to establishing
electrical load aggregation, a community choice aggregator must prepare an implementation
plan and statement of intent detailing the process and consequences of aggregation, and that
the implementation plan, and any subsequent changes to it, must be considered and adopted
at a duly noticed public meeting; and
WHEREAS, pursuant to Public Utilities Code Section 366.2(c)(3} and provide electrical
load aggregation to the cities of Escondido and San Marcos, CEA has prepared an Addendum
No. 1 to the CEA Community Choice Aggregation Implementation Plan and Statement of Intent
(Addendum No. 1} which will be submitted to the California Public Utilities Commission on or
before December 31, 2021 ; and
WHEREAS, Addendum No. 1 was presented to the CEA Board of Directors for
consideration at a duly noticed public meeting on December 30, 2021.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the Clean Energy
Alliance, as follows:
Section l. In accordance with California Public Utilities Code Section 366.3(c)(3}, the
CEA Board of Directors hereby considers and adopts the Implementation Plan Addendum No. 1
1
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at a duly noticed public meeting held on December 30, 2021, held via teleconference in
compliance with certain provisions of the Ralph M. Brown Act pursuant to Government Code
Section 54953(e)(1)(A), in relation to the COVID-19 State of Emergency, at 2:00 p.m., after
allowing interested persons the opportunity to provide public comment on the Implementation
Plan Addendum No. 1.
Section 2. The Board of Directors hereby directs the Chief Executive Officer to file the
Implementation Plan Addendum No. 1 with the California Public Utilities Commission no later
than December 31, 2021.
The foregoing Resolution was passed and adopted this 30th day of December 2021, by
the following vote:
AYES: Musgrove, Druker, Inscoe, Bhat-Patel, Becker
NOES: None
ABSENT:None
ABSTAIN: None
APPROVED:
~DocuSigned by;
~~-1~::-
Kristi Becker, Chair
ATTEST:
G:W~·
Susan Caputo, Interim Board Clerk
2
CLEAN
ENERGY -ALLIANCE
Attachment A
CLEAN ENERGY ALLIANCE
ADDENDU·M NO. 1 TO THE COMMUNITY
CHOICE AGGREGATION
IMPLEMENTATION PLAN AND
STATEMENT OF INTENT
TO ADDRESS EXPANSION TO
THE CITIES OF ESCONDIDO AND SAN
MARCOS
DECEMBER 30, 2021
Clean Energy Alliance
Implementation Plan Addendum No. 1
Table of Contents
CHAPTER 1 -Introduction ...................................................................................................................................... 3
CHAPTER 2 -Changes to Address CEA Expansion to the CITIES of ESCONDIDO and SAN MARCOS .4
Aggregation Process .............................................................................................................................................. 5
Consequences of Aggregation .............................................................................................................................. 5
Organization and Governance Structure ............................................................................................................ 5
Program Phase-In ................................................................................................................................................... 5
Load Forecast and Resource Plan ........................................................................................................................ 6
Customer Forecast .................................................................................................................................................. 7
Sales Forecast .......................................................................................................................................................... 8
Capacity Requirements ......................................................................................................................................... 8
Renewables Portfolio Standards Energy Requirements ................................................................................... 9
Financial Plan .......................................................................................................................................................... 9
Expansion Addendum Appendices .................................................................................................................. 11
CHAPTER 1 -INTRODUCTION
The purpose of this document is to make certain revisions to the Clean Energy Alliance
Implementation Plan and Statement of Intent to address the expansion of Clean Energy Alliance
("CEA") to the Cities of Escondido and San Marcos. CEA is a California Joint Powers Agency
formed on November 4, 2019 with the primary purpose of administering a Community Choice
Aggregation ("CCA") program to serve the retail electric service accounts of the original three
CEA communities, including the Cities of Carlsbad, Del Mar, and Solana Beach. In anticipation
of CCA program implementation and in compliance with state law, CEA submitted the Clean
Energy Alliance Community Choice Aggregation Implementation Plan and Statement of Intent
("Implementation Plan") to the California Public Utilities Commission ("CPUC" or
"Commission") on December 23, 2019, which was certified by the CPUC on March 16, 2020.
Consistent with its expressed intent, CEA successfully launched the Clean Energy Alliance CCA
program ("CEA" or "Program") on May 1, 2021 and has been serving customers since that time.
CEA's Board approved the membership request of the City of Escondido on November 18, 2021
via Resolution No. 2021-014 (attached hereto as Appendix A). CEA's Board similarly approved
the membership request of the City of San Marcos on December 17, 2021 via Resolution No. 2021-
015 (attached hereto as Appendix B). These additions to the membership of CEA require certain
changes that are addressed within this Addendum No. 1 to CEA's Community Choice
Aggregation Implementation Plan and Statement of Intent(" Addendum No. l").
The CEA program currently provides electric generation service to approximately 60,000
customers, including a cross section of commercial and agricultural accounts, street lighting and
traffic accounts, and residential accounts. When other municipalities request membership in
CEA, related evaluations may be conducted, as directed by CEA's Board, and to the extent such
membership evaluations demonstrate favorable results, the subject community(ies) may be
invited to join CEA. In such instances, CEA's Implementation Plan will be revised through a
related addendum, highlighting key impacts and consequences associated with the addition of
such new community/communities to CEA's membership.
In response to public interest and CEA's successful CCA launch, the Cities of Escondido and San
Marcos requested CEA membership, and adopted the requisite ordinances for offering CCA
service within their respective jurisdictions; these ordinances are attached hereto as Appendices
C and D, respectively. As previously noted, CEA's Board approved the membership request of
City of Escondido at a duly noticed public meeting on November 18, 2021 through Resolution
2021-014 and similarly approved the membership request of the City of San Marcos at a duly
noticed public meeting on December 17, 2021 through Resolution 2021-015.
This Addendum No. 1 describes CEA's expansion plans to include the Cities of Escondido and
San Marcos. CEA intends to enroll such customers in its CCA Program during the month of April
2023, consistent with the Commission's requirements described in Resolution E-4907, whicl1
define relevant timing for Implementation Plan filing in advance of service commencement.
According to the Commission, the Energy Division is required to receive and review a revised
3 December 2021 -Addendum No. 1
CEA implementation plan reflecting changes/consequences of additional members. With this in
mind, CEA has reviewed its Implementation Plan, which was filed with the Commission in
December 2019, and identified certain information that requires updating to reflect the changes
and consequences of adding the Cities of Escondido and San Marcos as well as other forecast
modifications. This Addendum No. 1 reflects pertinent changes that are expected to result from
the new member additions as well as updated projections that are considerate of recent
operations. This document format, including references to CEA's Implementation Plan filed
December 23, 2019, addresses all requirements identified in Public Utilities Code Section
366.2(c)(4), including universal access, reliability, equitable treatment of all customer classes and
any requirements established by state law or by the CPUC concerning aggregated service, while
streamlining public review of pertinent changes related to CEA's anticipated expansion. The
original Implementation Plan is attached hereto as Appendix E.
CHAPTER 2 -CHANGES TO ADDRESS CEA EXPANSION TO THE CITIES OF
ESCONDIDO AND SAN MARCOS
As previously noted, this Addendum No. 1 addresses the anticipated impacts of CEA's planned
expansion to the Cities of Escondido and San Marcos. As a result of this member addition, certain
assumptions regarding CEA's future operations have changed, including customer energy
requirements, peak demand, renewable energy purchases, revenues, expenses and various other
items. The following section highlights pertinent changes related to this planned expansion. To
the extent that certain details related to membership expansion are not specifically discussed
within this Addendum No. 1, CEA represents that such information shall remain unchanged
relative to the December 2019 Implementation Plan filing.
With regard to the defined terms Members and Member Agencies, the following Communities
are now signatories to the CEA Joint Powers Agreement and represent CEA's current
membership:
Member Agencies
City of Carlsbad City of Escondido
City of Del Mar City of San Marcos
City of Solana Beach
Throughout this document, use of the terms Members and Member Agencies refer to the
aforementioned Communities. To the extent that the discussion herein addresses the process of
aggregation and CEA organization, each of these communities is now an CEA Member and the
electric customers of such jurisdictions have been or will be offered CCA service consistent with
the noted phase-in schedule.
4 December 2021 -Addendum No. 1
Aggregation Process
CEA's aggregation process was discussed in Chapter 2 of CEA's December 2019 Implementation
Plan. The fifth paragraph in section 2.1 Introduction should have the following sentence added
at the end:
On December 30, 2021, the CEA Board of Directors, at a duly noticed public hearing,
considered and adopted an amendment to this Implementation Plan, by Resolution, which
expanded service to the Cities of Escondido and San Marcos.
Consequences of Aggregation
The following sentence should be added to the fourth paragraph of section 2.3.1 Rate Impacts:
Eligible Escondido and San Marcos customers who transition to CEA service will be
assigned a 2022 vintage.
Organization and Governance Structure
Under section 3.2 Governance, the second sentence is replaced with the following sentence:
The Members of CEA include five (5) municipalities within the County of San Diego, Del
Mar, Carlsbad, Solana Beach, Escondido, and San Marcos, all of which have elected to allow
CEA to provide electric generation service within their respective jurisdictions.
Program Phase-In
Program phase-in was discussed in Chapter 5 of CEA's December 2019 Implementation Plan
filing. The following paragraph is added after the existing paragraphs in Chapter 5:
As approved by the CEA Board of Directors at their December 30, 2021 meeting in
Resolution 2021-019, Phase 2 of the Program will commence at the earliest possible date
during the month of April 2023, enrolling eligible customer accounts within the Cities of
Escondido and San Marcos on each customer's regularly scheduled meter reading date. It is
anticipated that approximately 86,000 additional customers, comprised of residential,
commercial, industrial, agriculture, municipal, street lighting and traffic control accounts
will be included in Phase 2.
To the extent that additional customers require enrollment after the completion of Phase 2,
CEA will evaluate a subsequent phase of CCA enrollments. CEA may also evaluate other
phase-in options based on then-current market conditions, statutory requirements and
regulatory considerations as well as other factors potentially affecting the integration of
additional customer accounts.
5 December 2021 -Addendum No. 1
Load Forecast and Resource Plan
With regard to CEA's load forecast and resource plan overview, which is addressed in Chapter
6, Load Forecast and Resource Plan, the following is added to the fourth paragraph in Section 6.2,
Resource Plan Overview:
The following table has been updated by a Resolution 2021-019 approved by the CEA Board
of Directors at a duly noted public meeting on December 30, 2021, which expanded CEA's
membership to include the Cities of Escondido and San Marcos.
Due to the change in planned customer enrollments, certain information in CEA's
Implementation Plan needs to be updated. Table 1 (Revised) reflects the changes that were made
to the enrollment schedule and is intended to replace Table 1 from the original Implementation
Plan:
Table 1 (Revised): CEA Proposed Resource Plan
Clean Energy Alliance
Proposed Resource Plan (MWh)
2021-2030
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Demand (MWh)
Retail 393,573 623,808 1,253,365 1,453,337 1,460,603 1,467,906 1,475,246 1,482,622 1,490,035 1,497,486
Losses 16,924 26,824 53,895 62,493 62,806 63,120 63,436 63,753 64,072 64,392
Wholesale 410,497 650,632 1,307,260 1,515,830 1,523,409 1,531,026 1,538,682 1,546,375 1,554,107 1,561,877
Supply (MWh)
Renewable 200,722 339,975 726,952 893,802 949,392 1,005,516 1,062,177 1,119,380 1,177,128 1,235,426
System 209,775 310,656 580,308 622,028 574,017 525,511 476,504 426,995 376,979 326,452
Total Supply 410,497 650,632 1,307,260 1,515,830 1,523,409 1,531,026 1,538,682 1,546,375 1,554,107 1,561,877
CEA also adds the following paragraphs at the end of sub-section 6.2, Resource Plan Overview:
SB 255 (2019) added Section 366.2(c)(3)(H), which requires community choice aggregators to
include in their implementation plans "[t]he methods for ensuring procurement from small,
local, and diverse business enterprises in all categories, including, but not limited to,
renewable energy, energy storage system [sic], and smart grid projects." As a public agency,
CEA is prohibited by Article 1, Section 31 of the California Constitution from granting any
preferential treatment to "any individual group on the basis of race, sex, color, ethnicity, or
national origin in the operation of public employment, public education, or public
contracting." While these restrictions prevent CEA from "ensuring" procurement from
certain diverse businesses, CEA remains committed to local economic development, and has
taken several steps to diversify its procurement to the extent possible. CEA will continue to
build its strategy and consider new methods for diversifying its procurement as appropriate.
6 December 2021 -Addendum No. 1
CEA will continue to engage with the diverse business community in its service area and
statewide, to inform businesses of the benefits of certification as a diverse business, as well as
upcoming Requests for Proposals and other solicitations. While CEA cannot give any
preference in the selection process to any business on the basis of race, sex, color, ethnicity, or
national origin, CEA can ensure that diverse businesses are aware of upcoming contract
opportunities.
CEA will, to the extent possible and reasonable, consider preferences for procurement from
diverse business categories that are not prohibited, including but not limited to small and/or
local businesses and businesses owned by disabled veterans or lesbian, gay, bisexual and/or
transgender individuals ("LGBT"). CEA will consider parallel preferences for prime
contractors that demonstrate an intent to contract with diverse subcontractors, as permitted
by law.
Customer Forecast
The expansion to include the new members also necessitates changes to Section 6.5, Customer
Forecasts. The following sentences should be added to the first paragraph in this section:
The tables have been updated by a resolution approved on December 30, 2021, which
expanded CEA to include the Cities of Escondido and San Marcos.
Table 2 and Table 3 from the original Implementation Plan, are updated as follows:
Residential
Commercial & Agriculture
Table 2 (Revised): Total Customer Accounts
(End of Month)
May-21 Apr-23
Residential 50,089 124,749
Commercial & Agriculture 8,294 19,565
Street Lighting & Traffic 188 517
Total 58,571 144,831
Table 3 (Revised): Customer Accounts by Year
2021 2022 2023 2024 2025 2026 2027 2028
50,089 50,339 124,749 125,372 125,999 126,629 127,262 127,899
8,294 8,331 19,565 19,662 19,760 19,859 19,958 20,058
2029
128,538
20,158
2030
129,181
20,259
Street Lighting & Traffic 188 189 517 519 522 524 527 530 532 535
Total 58,571 58,859 144,831 145,553 146,281 147,012 147,748 148,486 149,229 149,975
7 December 2021 -Addendum No. 1
Sales Forecast
With regard to CEA's sales forecast, which is addressed in Section 6.6, Sales Forecast, CEA
assumes that total annual retail sales will increase to approximately 1,500 GWh following the
expansion. Table 4 from the original Implementation Plan is updated as follows:
Demand (MWh)
Retail
Losses
Wholesale
Table 4 (Revised): Demand Forecast in MWh, 2021-2030
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
393,573 623,808 1,253,365 1,453,337 1,460,603 1,467,906 1,475,246 1,482,622 1,490,035 1,497,486
16,924 26,824 53,895 62,493 62,806 63,120 63,436 63,753 64,072 64,392
410,497 650,632 1,307,260 1,515,830 1,523,409 1,531,026 1,538,682 1,546,375 1,554,107 1,561,877
Capacity Requirements
The expansion to include new members requires changes to the proposed resources secured by
CEA. The last sentence in the paragraph between Table 6 and Table 7 should be replaced with:
A preliminary estimate of CEA's annual maximum local capacity requirement for the ten-
year planning period ranges between 103-297 MW as shown in Table 7.
Table 5: Forward Capacity Requirements (Total) for 2021-2023 in MW, Table 6: Annual Maximum
Capacity Requirements 2021-2030, and Table 7: Annual Maximum Local Capacity Requirements
2021-2030 from the original Implementation Plan, are updated below:
Table 5 (Revised): Forward Capacity Requirements (Total) for 2021-2023 in MW
Month 2021 2022 2023
January 123 127
February 108 112
March 108 112
April 95 223
May 88 88 209
June 80 93 217
July 97 113 265
August 106 117 285
September 119 128 333
October 95 108 284
November 108 101 251
December 93 102 234
8 December 2021 -Addendum No. 1
Table 6 (Revised): Annual Maximum Capacity Requirements 2021 -2030
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Max Wholesale Demand ,. 119 128 333 334 336 338 340 341 343 345
Reserve Requirement (15% 18 19 50 50 50 51 51 51 51 52
Total Capacity Requiremer 137 148 383 385 387 389 390 392 394 396
Table 7 (Revised): Annual Maximum Local Capacity Requirements 2021-2030
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Max Wholesale Demand 137 148 383 385 387 389 390 392 394 396
Local Capacity(% of Total) 75% 75% 75% 75% 75% 75% 75% 75% 75% 75%
San Diego· IV (MW) 103 111 287 288 290 291 293 294 296 297
Renewables Portfolio Standards Energy Requirements
CEA's annual Renewable Portfolio Standards Energy Requirements will also change with the expansion.
Table 8: Renewable Procurement Obligation and Target Percentages and Volumes 2021-2030 is revised as
follows:
Table 8 (Revised): Renewable Procurement Obligation and Target Percentages
and Volumes 2021-2030
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Retail Load (MWh) 393,573 623,808 1,253,365 1,453,337 1,460,603 1,467,906 1,475,246 1,482,622 1,490,035 1,497,486
RPS %Target 36% 39% 41% 44% 47% 49% 52% 55% 57% 60%
RPS Obligation (M\-\ 140,899 240,166 517,640 639,468 682,102 723,678 767,128 810,994 853,790 898,491
CEA % Target• 51% 55% 58% 62% 65% 69% 72% 76% 79% 83%
CEA Target (MWh) 200,722 339,975 726,952 893,802 949,392 1,005,516 1,062,177 1,119,380 1,177,128 1,235,426
•Includes assumed 2% participation in voluntary 100% renewable service option ("Green Impact").
Financial Plan
With regard to CEA's financial plan, which is addressed in Chapter 7, Financial Plan, CEA has
updated its expected operating results, which now include projected impacts related to service
expansion to the Cities of Escondido and San Marcos. It is important to note this proforma is just
a snapshot in time for informational purposes and will change regularly with regular operations.
It is also important to recognize that the pro forma is based on fiscal year totals so it may not
match other tables in this Implementation Plan. Table 9: Pro Forma including Reserves
Accumulation in Section 7.5 Program Implementation Pro-Forma is updated as follows:
9 December 2021 -Addendum No. 1
Table 9 (Revised): Pro Forma including Reserves Accumulation 2021-2025
Fiscal Year Ending: 2021 2022 2023 2024 2025
I. Revenue 6,763,869 57,950,474 82,400,157 151,487,446 152,244,884
Revenue -Voluntary 100% Green 10,499 93,438 120,604 217,420 218,507
Subtotal Revenue 6,774,368 58,043,912 82,520,760 151,704,867 152,463,391
II. Operating Expenses
Pow er Supply 8,237,063 58,254,052 70,512,221 125,033,793 120,894,562
Staff 120,000 300,000 600,000 1,000,000 1,030,000
Professional/fechnical services 313,000 423,400 436,102 449,185 462,661
Legal 270,000 278,100 286,443 295,036 303,887
Communications, Mktg, Enrollment 194,666 180,000 185,400 190,962 196,691
Other General and Administrative
Regulatory and CalCCA Fees 40,000 41,200 42,436 43,709 45,020
Data Management 119,000 775,038 1,060,646 1,935,749 1,964,629
Utility Service Fees 40,027 264,615 374,452 694,197 718,593
Un collectibles/Other 20,193 302,582 367,489 648,213 628,080
Subtotal Operating Expenses 9,353,950 60,818,986 73,865,189 130,290,845 126,244,124
Operating Margin (2,579,581) (2,775,074) 8,655,572 21,414,022 26,219,267
Ill. Financing
Interest 93,313 313,281 450,000 325,000 240,625
Principal 650,000 5,533,800 7,000,000
Subtotal Financing 743,313 313,281 450,000 5,858,800 7,240,625
Operating Margin Less Financing (3,322,894) (3,088,355) 8,205,572 15,555,222 18,978,642
IV. Cash From Financing 6,400,000 6,250,000
V. Other Uses
CPUC and CAISO Deposits 500,000
Collateral 685,000
Reserve Additions 338,718 2,902,196 4,126,038 7,585,243 7,623,170
Subtotal Other Uses 1,523,718 2,902,196 4,126,038 7,585,243 7,623,170
VI. Net Surplus/(Deficit) 1,553,388 259,449 4,079,534 7,969,979 11,355,473
VII. Cumulative Reserve 338,718 3,240,914 7,366,952 14,952,195 22,575,365
10 December 2021 -Addendum No. 1
Expansion Addendum Appendices
Appendix A: Clean Energy Alliance Resolution No. 2021-014
Appendix B: Clean Energy Alliance Resolution No. 2021-015
Appendix C: City of Escondido CCA Ordinance 2021-12
Appendix D: City of San Marcos CCA Ordinance 2021-1508
Appendix E: Clean Energy Alliance Implementation Plan and Statement of Intent
(December 23, 2019)
11 December 2021 -Addendum No. 1
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RESOLUTION NO. 2021-014
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE AUTHORIZING THE CITY OF ESCONDIDO TO BECOME A
PARTY TO THE JOINT POWERS AGREEMENT AND A MEMBER OF THE CLEAN ENERGY ALLIANCE
THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES HEREBY FIND, RESOLVE AND
ORDER AS FOLLOWS:
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly
Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter
referred to as the "Act"), which authorizes any California city or county, whose governing body
so elects, to combine the electricity load of its residents and businesses in a community-wide
electricity aggregation program known as Community Choice Aggregation ("CCA"); and
WHEREAS , the Act expressly authorizes participation in a CCA program through a joint
powers agency; and on November 4, 2019, the Clean Energy Alliance ("CEA" or "the Agency")
was formed under the Joint Exercise of Power Act, California Government Code section 6500 et
seq., among the Cities of Carlsbad, Solana Beach and Del Mar to work cooperatively to create
economies of scale and implement sustainable energy initiatives that reduce energy demand,
increase energy efficiency, and advance the use of clean, efficient, and renewable resources in
the region for the benefit of all the parties and their constituents, including, but not limited to,
establishing and operating a CCA program; and
WHEREAS, on March 16, 2020, the California Public Utilities Commission ("CPUC")
certified the "Implementation Plan" of CEA, confirming CEA's compliance with the
requirements of the Act; and
WHEREAS, Section 2.4 of the CEA Joint Powers Agreement ("Agreement") sets forth the
procedures for the addition of new member jurisdictions; and
WHEREAS, including new member jurisdictions within CEA's Joint Powers Authority can
benefit CEA communities, customers, and the general public by 1) expanding access to
competitively-priced renewable and carbon-free energy; 2) achieving greater econom ies of
scale while accelerating the reduction of greenhouse gas emissions; 3) enhancing CEA's
financial strength through increased revenues and reserves; 4) expanding the opportunities for
local renewable energy and decarbonization projects and programs and the creation of local
jobs; and 5) empowering local stakeholders with more direct representation before State-level
regulators and elected officials; and
CEA Implementation Plan Addendum No. 1 Appendix A 1
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WHEREAS, on October 27, 2021 , through a unanimous vote of its City Council, the City
of Escondido adopted Resolution No. 2021-169 authorizing the execution of the Joint Exercise
of Powers Agreement of the Clean Energy Alliance and authorizing staff to take other actions
necessary for the City of Escondido to join CEA, and introduced Ordinance No. 2021-12
ordaining the City Council's decision, pursuant to Public Utilities Code Section 366.2 to
implement a CCA program within the jurisdiction of the City of Escondido by participating in
CEA, under the terms and conditions of its Joint Powers Agreement; and
WHEREAS, on November 17, 2021, the City of Escondido conducted a second reading
and adopted ordinance No. 2021-12 ordaining the City Council's decision, pursuant to Public
Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of
Escondido by participating in CEA, under the terms and conditions of its Joint Powers
Agreement; and
WHEREAS, Pacific Energy Advisors on behalf of CEA conducted an assessment of the
financial and resource planning impacts of adding Escondido as a member of CEA and
concluded that there would be an overall positive financial effect; and
WHEREAS, per CPUC rules, prospective member jurisdictions must join CEA before the
end of calendar year 2021 in order to begin customer enrollments in CEA's service options by
2023;and
WHEREAS, Section 2.4 of the Agreement requires the Board of Directors to adopt a
resolution by a two-thirds vote of the entire Board authorizing the membership of additional
member jurisdictions, and specifying the conditions for membership, if any.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of Escondido is hereby authorized to become a party to the Agreement and
a member of CEA, subject to the following conditions:
(a) The Community Choice Aggregation ordinance adopted by the City of Escondido
becoming effective.
(b) The execution of the Agreement by the duly authorized official of the City of
Escondido.
(c) Reimbursement to CEA by City of Escondido of CEA costs incurred in connection with
adding a new agency, including, but not limited to, the cost of analysis of historical
usage data using CEA's financial pro form a model to determine impact to CEA of the
proposed member; and preparation of an Amended Implementation Plan and related
activities of the expansion.
CEA Implementation Plan Addendum No. 1 Appendix A 2
DocuSign Envelope ID: 3A06A6A2-7074-4A44-9EE9-E93EC8D0F0EE
PASSED AND ADOPTED by the Board of Directors of the Clean Energy Alliance this 18th day of
November 2021, by the following vote:
AYES: Druker, Bhat-Patel, Becker
NOES: None
ABSENT: None
ATTEST:
l,OocuSlgned by:
~sfiMu-
7E04F23COM04F8 ...
Kristi Becker, Chair
Sheila Cobian, Interim Board Secretary
CEA Implementation Plan Addendum No. 1 Appendix A 3
DocuSign Envelope ID: EBC7960A-14C1-4A33-8B49-8EB4C8F27D5C
RESOLUTION NO. 2021-015
A RESOLUTION OF THE BOARD OF DIRECTORS
OF THE CLEAN ENERGY ALLIANCE AUTHORIZING THE CITY OF SAN MARCOS TO BECOME A
PARTY TO THE JOINT POWERS AGREEMENT AND A MEMBER OF THE CLEAN ENERGY ALLIANCE
THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES HEREBY FIND, RESOLVE AND
ORDER AS FOLLOWS:
WHEREAS, on September 24, 2002, the Governor of California signed into law Assembly
Bill 117 (Stat. 2002, Ch. 838; see California Public Utilities Code section 366.2; hereinafter
referred to as the "Act"), which authorizes any California city or county, whose governing body
so elects, to combine the electricity load of its residents and businesses in a community-wide
electricity aggregation program known as Community Choice Aggregation ("CCA"); and
WHEREAS, the Act expressly authorizes participation in a CCA program through a joint
powers agency; and on November 4, 2019, the Clean Energy Alliance ("CEA" or "the Agency")
was formed under the Joint Exercise of Power Act, California Government Code section 6500 et
seq., among the Cities of Carlsbad, Solana Beach and Del Mar to work cooperatively to create
economies of scale and implement sustainable energy initiatives that reduce energy demand,
increase energy efficiency, and advance the use of clean, efficient, and renewable resources in
the region for the benefit of all the parties and their constituents, including, but not limited to,
establishing and operating a CCA program; and
WHEREAS, on March 16, 2020, the California Public Utilities Commission ("CPUC")
certified the "Implementation Plan" of CEA, confirming CEA's compliance with the
requirements of the Act; and
WHEREAS. Section 2.4 of the CEA Joint Powers Agreement ("Agreement") sets forth the
procedures for the addition of new member jurisdictions; and
WHEREAS, including new member jurisdictions within CEA's Joint Powers Authority can
benefit CEA communities, customers, and the general public by 1) expanding access to
competitively-priced renewable and carbon-free energy; 2) achieving greater economies of
scale while accelerating the reduction of greenhouse gas emissions; 3) enhancing CEA's
financial strength through increased revenues and reserves; 4) expanding the opportunities for
local renewable energy and decarbonization projects and programs and the creation of local
jobs; and S) empowering local stakeholders with more direct representation before State-level
regulators and elected officials; and
WHEREAS, on November 9, 2021, through a unanimous vote of its City Council, the City
of San Marcos adopted Resolution No. 2021-8950 authorizing the execution of the Joint
Exercise of Powers Agreement of the Clean Energy Alliance and authorizing staff to take other
DocuSign Envelope ID: EBC7960A-14C1 -4A33-BB49-8EB4C8F27O5C
actions necessary for the City of San Marcos to join CEA, and introduced Ordinance No. 2021-
1508 ordaining the City Council's decision, pursuant to Public Utilities Code Section 366.2 to
implement a CCA program within the jurisdiction of the City of Escondido by participating in
CEA, under the terms and conditions of its Joint Powers Agreement; and
WHEREAS, on November 23, 2021, the City of San Marcos conducted a second reading
and adopted ordinance No. 2021-1508 ordaining the City Council's decision, pursuant to Public
Utilities Code Section 366.2 to implement a CCA program within the jurisdiction of the City of
Escondido by participating in CEA, under the terms and conditions of its Joint Powers
Agreement; and
WHEREAS. Pacific Energy Advisors on behalf of CEA conducted an assessment of the
financial and resource planning impacts of adding San Marcos as a member of CEA and
concluded that there would be an overall positive financial effect; and
WHEREAS, per CPUC rules, prospective member jurisdictions must join CEA before the
end of calendar year 2021 in order to begin customer enrollments in CEA's service options by
2023;and
WHEREAS, Section 2.4 of the Agreement requires the Board of Directors to adopt a
resolution by a two-thirds vote of the entire Board authorizing the membership of additional
member jurisdictions, and specifying the conditions for membership, if any.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE CLEAN ENERGY ALLIANCE DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1. The City of San Marcos is hereby authorized to become a party to the Agreement and
a member of CEA, subject to the following conditions:
(a) The Community Choice Aggregation ordinance adopted by the City of San Marcos
becoming effective.
(b) The execution of the Agreement by the duly authorized official of the City of San
Marcos.
(c) Reimbursement to CEA by City of San Marcos of CEA costs incurred in connection
with adding a new agency, including, but not limited to, the cost of analysis of historical
usage data using CEA's financial proforma model to determine impact to CEA of the
proposed member; and preparation of an Amended Implementation Plan and related
activities of the expansion.
DocuSign Envelope ID: EBC7960A-14C1-4A33-BB49-8EB4C8F27D5C
PASSED AND ADOPTED by the Board of Directors of the Cl ean Energy Alliance this 17th day of
December 2021, by the following vote:
AYES: Druker, Inscoe, Bhat-Patel, Becker
NOES: None
ABSENT: None
Kristi Becker, Chair
ATTEST:
~
DocuSlgned by:
~~-~
D87CF7B8787§:476 .•
Sheila Cobian, Interim Board Secretary
DocuSign Envelope ID: 1C937978-218A-4CA7-9E9D-982DAB977C04
ORDINANCE NO. 2021-12
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ESCONDIDO, CALIFORNIA,
AUTHORIZING MEMBERSHIP IN CLEAN
ENERGY ALLIANCE, A COMMUNITY CHOICE
AGGREGATION PROGRAM
The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as
follows:
WHEREAS, California Public Utilities Code section 366.2 (the "Act") authorizes
cities and counties to individually or jointly provide retail electric service to an aggregation
of customers within their jurisdictions, which is referred to as Community Choice
Aggregation ("CCA"); and
WHEREAS, the Community Choice Technical Feasibility Study, dated May 24, 2021
("Feasibility Study"), determined that a Community Choice Aggregation program would
be both technically and financially feasible and beneficial in the City of Escondido; and
WHEREAS, on October 27, 2021 , the Escondido City Council adopted Resolution
2021-169 authorizing the City Manager to execute the Clean Energy Alliance Joint
Powers Agreement, and related documents, for membership in the Clean Energy Alliance
("CEA") formed pursuant to the provisions of the Joint Exercise of Powers Act on or about
November 4, 2019; and
WHEREAS, under Public Utilities Code section 366.2, customers have the right to
opt-out of electric service through CEA and instead continue to receive electric service
from the incumbent utility; and
CEA Implementation Plan Addendum No. 1 Appendix C 1
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WHEREAS, Public Utilities Code section 366.2(c)(12) provides that an entity which
elects to implement a CCA program within its jurisdiction must do so by ordinance; and
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines, as (1 ) it
is not a "project" and has no potential to result in a direct or reasonably foreseeable
indirect physical change to the environment (14 Cal. Code Regs, § 15378(a)); (2) there
is no possibility that the ordinance or its implementation would have a significant
negative effect on the environment (14 Cal. Code Regs.§ 15061(b)(3)); and, (3)
because it is an action taken by a regulatory agency to assure the maintenance,
restoration, enhancement or protection of the environment. (14 Cal. Code Regs. §
15308).
NOW, THEREFORE, the City Council of.the City of Escondido hereby ordains as
follows:
SECTION 1. That the recitals set forth above are true and correct and are
incorporated as though fully set forth herein.
SECTION 2. In order to provide a choice of electric service providers to the
customers within the City, the City Council hereby elects pursuant to Public Utilities Code
section 366.2(c)(12) to implement a Community Choice Aggregation ("CCA") program
within the jurisdiction of the City of Escondido, by participating in the Clean Energy
Alliance ("CEA"), under the terms and conditions provided in its Clean Energy Alliance
Joint Powers Agreement, as amended, on fi le with the City Clerk.
CEA Implementation Plan Addendum No. 1 Appendix C 2
DocuSign Envelope ID: 1C937978-218A-4CA7-9E9D-982DAB977C04
SECTION 3. This Ordinance was introduced by the City Council October 27, 2021 ,
along with City Council Resolution No. 2021-169.
SECTION 4. SEPARABILITY. If any section, subsection sentence, clause, phrase
or portion of this ordinance is held invalid or unconstitutional for any reason by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions.
SECTION 5. That as of the effective date of this ordinance, all ordinances or parts
of ordinances in conflict herewith are hereby repealed.
SECTION 6. That the City Clerk is hereby directed to certify to the passage of this
ordinance and to cause the same or a summary to be published one time within 15 days
of its passage in a newspaper of general circulation for the City of Escondido.
SECTION 7. This Ordinance shall take effect and be in force on the thirtieth
(30th) day from and after its final passage.
CEA Implementation Plan Addendum No. 1 Appendix C 3
DocuSign Envelope ID: 1C937978-218A-4CA7-9E9D-982DAB977C04
PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular
meeting thereof this 17th day of November, 2021 by the following vote to wit:
AYES
NOES
ABSENT
: Councilmembers: GARCIA, INSCOE, MORASCO, MARTINEZ, MCNAMARA
: Councilmembers: NONE
: Councilmembers: NONE
ATTEST:
C-E!:.City Cleek of the
City of Escondido, Cali fornia
ST A TE OF CALIFORNIA )
COUNTY OF SAN DIEGO : ss.
CITY OF ESCONDIDO )
APPROVED:
ro:t~~Ov
~cf-3f~ARA, Mayor oftbe
City of Escondido, California
*****
I, Zack Beck, City Clerk of the City of Escondido, hereby certify that the foregoing ORDINANCE
NO. 202 J -12 passed at a regular meeting of the City Council of the City of Escondido held on the I 7th day
of November, 2021, after having been read at the regular meeting of said City Council held on the 27'" day
of October, 2021.
~
OocuSigned by:
~~
eR3M~City Clerk oftbe
City of Escondido, California
ORDINANCE NO. 202 1-1 2
CEA Implementation Plan Addendum No. 1 Appendix C 4
ORDINANCE NO 2021 -1508
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
MARCOS, CALIFORNIA, AUTHORIZING THE
IMPLEMENTATION OF A COMMUNITY CHOICE
AGGREGATION PROGRAM
WHEREAS, California Public Utilities Code (the "Act") Section 366.2 authorizes cities and
counties to individually or jointly provide retail electric service to an aggregation of customers
within their jurisdictions, which is referred to as community choice aggregation (CCA); and
WHEREAS, Measure E-3 of the City's 2020 Climate Action Plan aims to increase grid-supply
renewable and zero-carbon electricity in the City of San Marcos; and
WHEREAS, the City completed a CCA feasibility study which determined that a CCA program
could result in local benefits including the use of renewable energy at levels above the State
Renewables Portfolio Standard, the provision of competitive rates to consumers, and economic
opportunity for the City; and
WHEREAS, pursuant to Section 366.2 of the Act, if each entity adopts the ordinance required
by Public Utilities Section 366.2(c)(12), two or more public entities authorized to be a community
choice aggregator under Section 331 .1 of the Act may participate jointly in a CCA program
through a Joint Powers Authority established pursuant to Government Code Section 6500 et
seq.; and
WHEREAS, the City wishes to implement a CCA program at this time joining as a member to
the Joint Powers Authority known as Clean Energy Alliance, consisting of the member agencies
of Carlsbad, Del Mar, and Solana Beach; and
WHEREAS, under section 366.2 of the Act, customers have the right to opt out of the CCA
program and continue to receive bundled electric service from the incumbent utilities; and
WHEREAS, 366.2(c)(12) of the Act provides that an entity which elects to implement a CCA
program within its jurisdiction must do so by ordinance; and
WHEREAS, this ordinance is exempt from the requirements of the California Environmental
Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a "project" and has no
potential to result in a direct or reasonably foreseeable indirect physical change to the
environment. (14 Cal. Code Regs.§ 15378(a).) Further, the ordinance is exempt from CEQA as
there is no possibility that the ordinance or its implementation would have significant negative
effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).) The ordinance is also
categorically exempt because it is an action taken by a regulatory agency to assure the
maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs.§
15308.) To the extent necessary, the City Manager or designee shall cause a Notice of
Exemption to be filed as authorized by CEQA and the State CEQA guidelines.
NOW THEREFORE, the City Council of the City of San Marcos, in accordance with the freedom
accorded to charter cities generally, and by the Charter of the City of San Marcos specifically,
does ordain as follows:
Section 1. The above recitals are true and correct.
CEA Implementation Plan Addendum No. 1 Appendix D Page 1
Section 2. In order to provide businesses and residents within the jurisdictional boundaries
of the City with a choice of electric service providers and with the benefits described in the
recitals above, the City Council hereby elects pursuant to Section 366.2(c)(12) of the Act to
implement a CCA program within the jurisdiction of the City of San Marcos by participating in
the CCA program of the Clean Energy Alliance, under the terms and conditions provided in its
Joint Powers Agreement, on file with the City Clerk.
Section 3. Effective Date. This Ordinance shall take effect and be in force thirty (30) days
after its passage.
Section 4. Publication. Within fifteen (15) days following its adoption, the City Clerk shall
certify to the passage of this Ordinance and cause the same to be published, or the title thereof
as a summary, in accordance with the provisions of State law in a newspaper of general
circulation designated for legal notices publication in the City of San Marcos.
INTRODUCED at a regular meeting of the City Council of the City of San Marcos, California,
held on the November 9, 2021; and
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
San Marcos, California, held on the 23rd day of November, 2021, by the following roll call vote:
A YES: COUNCIL MEMBERS: JENKINS, MUSGROVE, NUNEZ, WAL TON, JONES
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ATTEST:
Phi i Scollick, City Clerk
City of San Marcos
CEA Implementation Plan Addendum No. 1 Appendix D
APPROVED AS TO FORM:
A~~ 7
Helen Holmes Peak, City Attorney
City of San Marcos
Page 2
CLEAN ENERGY ALLIANCE
Community Choice Aggregation
Implementation Plan
and
Statement of Intent
December 2019
Clean Energy Alliance Implementation Plan
TABLE OF CONTENTS
1 Introduction .................................................................................................................................... 4
l.lStatement of Intent ............................................................................................................................ 5
l.2Organization of this Implementation Plan .......................................................................................... 6
2 Aggregation Process ........................................................................................................................ 7
2.llntroduction ........................................................................................................................................ 7
2.2Process of Aggregation ....................................................................................................................... 8
2.3Consequences of Aggregation ............................................................................................................ 9
2.3.1 Rate lmpacts ................................................................................................................... 9
2.3.2 Renewable Energy Impacts .......................................................................................... 10
2.3.3 Greenhouse Gas Reduction .......................................................................................... 10
3 Organization and Governance Structure ....................................................................................... 11
3.lOrganizational Overview .................................................................................................................. 11
3.2Governance ...................................................................................................................................... 11
3.3Management ··············································:····················································································· 11
3.4Administration .................................................................................................................................. 12
3.SFinance ............................................................................................................................................. 12
3.6Marketing & Public Affairs ................................................................................................................ 12
3.7Power Resources & Energy Programs .............................................................................................. 13
3.7.1 Electric Supply Operations ........................................................................................... 13
3.8Governmental Affairs & Legal Support ............................................................................................. 14
4 Startup Plan and Funding .............................................................................................................. 15
4.lStartup Activities .............................................................................................................................. 15
4.2Staffing and Contract Services .......................................................................................................... 16
4.3Capital Requirements ....................................................................................................................... 16
4.4Financing Plan ................................................................................................................................... 17
5 Program Phase-In .......................................................................................................................... 18
6 Load Forecast & Resource Plan ..................................................................................................... 19
December 2019
Clean Energy Alliance Implementation Plan
6. llntroduction ...................................................................................................................................... 19
6.2Resource Plan Overview ................................................................................................................... 20
6.3Supply Requirements ........................................................................................................................ 21
6.4Customer Participat ion Rates ........................................................................................................... 22
6.5Customer Forecast ............................................................................................................................ 22
6.6Sales Forecast ................................................................................................................................... 23
6.7Capacity Requirements ..................................................................................................................... 23
6.8Renewables Portfolio Standards Energy Requirements ................................................................... 25
6.8.1 Basic RPS Requirements ............................................................................................... 25
6.8.2 CEA's Renewables Portfolio Standards Requirement .................................................. 25
6.9Purchased Power .............................................................................................................................. 25
6.l0Renewable Resources ..................................................................................................................... 26
6.llSmall, Local and Diverse Business Enterprise Procurement ........................................................... 26
6.12Energy Efficiency ............................................................................................................................. 26
7 Financial Plan ................................................................................................................................ 27
7.lDescription of Cash Flow Analysis .................................................................................................... 27
7.2Cost of Program Operations ............................................................................................................. 27
7.3Revenues from CCA Program Operations ......................................................................................... 27
7.4Cash Flow Analysis Results ............................................................................................................... 28
7.5Program Implementation Pro Forma ............................................................................................... 28
7.6Clean Energy Alliance Financings ...................................................................................................... 29
7.7Renewable Resource Project Financing ............................................................................................ 29
8 Rate Setting, Program Terms and Conditions ............................................................................... 30
8.llntroduction ...................................................................................................................................... 30
8.2Rate Policies ...................................................................................................................................... 30
8.3Rate Competitiveness ....................................................................................................................... 30
8.4Rate Stability ..................................................................................................................................... 31
8.5Equity among Customer Classes ....................................................................................................... 31
8.6Customer Understanding ................................................................................................................. 31
ii December 2019
Clean Energy Alliance Implementation Plan
8.7Revenue Sufficiency .......................................................................................................................... 31
8.8Rate Design ....................................................................................................................................... 32
8.9Net Energy Metering ........................................................................................................................ 32
8.l0Disclosure and Due Process in Setting Rates and Allocating Costs among Participants ................. 32
9 Customer Rights and Responsibilities ........................................................................................... 33
9.lCustomer Notices ............................................................................................................................. 33
9.2Termination Fee ............................................................................................................................... 34
9.3Customer Confidentiality .................................................................................................................. 34
9.4Responsibility for Payment ............................................................................................................... 34
9.SCustomer Deposits ........................................................................................................................... 35
10 Procurement Process .................................................................................................................... 36
l0.llntroduction .................................................................................................................................... 36
10.2Procurement M ethods ................................................................................................................... 36
10.3Key Contracts .................................................................................................................................. 36
10.3.1 Electric Supply .............................................................................................................. 36
10.3.2 Data Management Contract ......................................................................................... 37
11 Contingency Plan for Program Termination .................................................................................. 37
ll.llntroduction .................................................................................................................................... 37
11.2Termination by Clean Energy Alliance ............................................................................................ 37
12 Appendix A: Clean Energy Alliance Resolution No. 2019-003 (Adopting Implementation Plan) .. 39
iii December 2019
Clean Energy Alliance Implementation Plan
1 INTRODUCTION
The Clean Energy Alliance ("CEA" or "Alliance"), located within San Diego County, is a Joint Powers
Authority ("JPA'') pursuing the implementation of a community choice aggregation program ("CCA" or
"Program"). Founding Member Agencies of CEA include the following three (3) municipalities within the
County of San Diego, which have elected to allow the JPA to provide electric generation service within
their respective jurisdictions:
City of Carlsbad
City of Del Mar
City of Solana Beach
This Implementation Plan and Statement of Intent ("Implementation Plan") describes CEA's plans to
implement a voluntary CCA program for electric customers within the jurisdictional boundaries of the
Member Agencies. Electric customers within the Cities of Carlsbad and Del Mar currently take bundled
electric service from San Diego Gas and Electric ("SDG&E"). Electric customers within the City of Solana
Beach currently have the option of taking electric service from Solana Energy Alliance ("SEA"), an existing
Community Choice Aggregation program, or as a bundled customer of SDG&E. The Program will provide
electricity customers the opportunity to jointly procure electricity from competitive suppliers, with such
electricity being delivered over SDG&E's transmission and distribution system. The planned start date for
the Program is May 1, 2021. All current SDG&E customers within the Del Mar and Carlsbad service area
will receive information describing the CEA Program and will have multiple opportunities to opt out and
choose to remain full requirement ("bundled") customers of SDG&E, in which case they will not be
enrolled. Current SEA customers will receive information describing the CEA Program and their transition
from SEA to CEA. They will also have multiple opportunities to opt out. Thus, participation in the CEA
Program is completely voluntary. However, as provided by law, customers will be automatically enrolled
according to the anticipated schedule later described in Chapter 5 unless they affirmatively elect to opt-
out. Once, and as long as CEA is operational and all SEA customers have transitioned to CEA, SEA will cease
to be an operational CCA.
Implementation of CEA will enable customers within CEA's service area to take advantage of the
opportunities granted by Assembly Bill 117 (" AB 117"), the Community Choice Aggregation Law.
CEA's primary objectives in implementing this Program are to:
1) Procure an electric supply portfolio with higher renewable content than SDG&E;
2) Provide cost competitive electric services when compared to SDG&E;
3) Gain local control in rate setting to provide long-term rate stability for residents and businesses;
4) Meet Climate Action Plan goals of the Member Agencies.
The California Public Utilities Code provides the relevant legal authority for the Alliance to become a
Community Choice Aggregator and invests the California Public Utilities Commission ("CPUC" or
"Commission") with the responsibility for establishing the cost recovery mechanism that must be in place
before customers can begin receiving electrical service through the CEA Program. The CPUC also has
responsibility for registering the JPA as a Community Choice Aggregator and ensuring compliance with
Introduction 4 December 2019
Clean Energy Alliance Implementation Plan
basic consumer protection rules. The Public Utilities Code requires adoption of an Implementation Plan
at a duly noticed public hearing. The plan must then be filed with the Commission.
The Alliance is also aware that a CCA Program-specific Renewables Portfolio Standard ("RPS")
Procurement Plan must be completed and su bmitted to the CPUC during its CCA registration process -
the Alliance anticipates that the renewable energy targets reflected in this Implementation Plan will meet
or exceed applicable procurement mandates, including prudent planning reserves.
On December 19, 2019, the JPA, at a duly noticed public hearing, adopted this Implementation Plan,
through Resolution No. 2019-003 (a copy of which is included as part of Appendix A).
The Commission has established the methodology to use to determine the cost recovery mechanism, and
SDG&E has approved tariffs for imposition of the cost recovery mechanism. The cities of Del Mar and
Carlsbad have adopted an ordinance to implement a CCA program through its participation in CEA and
Solana Beach adopted its ordinance to implement a CCA program as part of implementing SEA. Each of
the Members has adopted a resolution permitting CEA to provide service within its jurisdiction1. Having
accomplished these milestones, CEA submits this Implementation Plan to the CPUC. Following the CPUC's
acknowledgement of its receipt of this Implementation Plan and resolution of any outstanding issues, CEA
will submit a draft customer notice, file a draft Renewable Portfolio Standards Procurement Plan, submit
the Financial Security Requirement and execute the Service Agreement with San Diego Gas & Electric as
established in CPUC Resolution E-4907. CEA will take the final steps needed to register as a CCA and
participate in the year-ahead Resource Adequacy ("RA") process prior to initiating the customer
notification and enrollment process.
1.1 STATEMENT OF INTENT
The content of this Implementation Plan complies with the statutory requirements of AB 117. As required
by Public Utilities Code Section 366.2(c)(3), this Implementation Plan details the process and
consequences of aggregation and provides the Alliance's statement of intent for implementing a CCA
program that includes all of the following:
► Universal access;
► Reliability;
► Equitable treatment of all customer classes; and
► Any requirements established by state law or by the CPUC concerning aggregated service.
1 Copies of individual ordinances adopted by the Clean Energy Alliance's Members are included within Appendix A
Introduction 5 December 2019
Clean Energy Alliance Implementation Plan
1.2 ORGANIZATION OF THIS IMPLEMENTATION PLAN
The remainder of this Implementation Plan is organized as follows:
Chapter 2: Aggregation Process
Chapter 3: Organizational Structure
Chapter 4: Startup Plan & Funding
Chapter 5: Program Phase-In
Chapter 6: Load Forecast & Resource Plan
Chapter 7: Financial Plan
Chapter 8: Rate setting
Chapter 9: Customer Rights and Responsibilities
Chapter 10: Procurement Process
Chapter 11: Contingency Plan for Program Termination
Appendix A: Clean Energy Alliance Resolution No. 2019-XXX (Adopting Implementation Plan)
The requirements of AB 117 are cross-referenced to Chapters of this Implementation Plan in the
following table.
Introduction 6 December 2019
Clean Energy Alliance Implementation Plan
AB 117 Cross References
AB 117 REQUIREMENT IMPLEMENTATION PLAN CHAPTER
Statement of Intent Chapter 1: Introduction
Process and consequences of aggregation Chapter 2: Aggregation Process
Organizational structure of the program, its Chapter 3: Organizational Structure
operations and funding Chapter 4: Startup Plan & Funding
Chapter 7: Financial Plan
Disclosure and due process in setting rates and Chapter 8: Rate setting
allocating costs among participants
Rate setting and other costs to participants Chapter 8: Rate setting
Chapter 9: Customer Rights and
Responsibilities
Participant rights and responsibilities Chapter 9: Customer Rights and
Responsibilities
Methods for entering and terminating Chapter 10: Procurement Process
agreements with other entities
Description of third parties that will be Chapter 10: Procurement Process
supplying electricity under the program,
including information about financial,
technical and operational capabilities
Termination of the program Chapter 11: Contingency Plan for Program
Termination
Methods for ensuring procurement from Chapter 6: Load Forecast and Resource Plan
small, local, and diverse business ent erprises
in all categories, including, but not limited to,
renewable energy, energy storage system, and
smart grid projects.
2 AGGREGATION PROCESS
2.1 INTRODUCTION
This Chapter describes the background leading to the development of this Implementation Plan and
describes the process and consequences of aggregation, consistent with the requirements of AB 117.
Aggregation Process 7 December 2019
Clean Energy Alliance Implementation Plan
In 2017 the cities of Del Mar, Carlsbad and other interested partner agencies engaged the assistance of a
technical consultant to evaluate the feasibility of establishing a CCA program, considering various agency
member formations. The studies revealed that a CCA program was viable, offering customers rates
competitive with SDG&E. Throughout early 2019 the Member Agencies evaluated several different
options related to the provision of CCA services to their service territories. SEA has been a financially
stable CCA since launching in June 2018. The financial model reflected in Section 7, Table 9, demonstrates
that the proposed CEA is a financially viable CCA program.
The CEA was formed with the following objectives: 1) procure a power supply from a minimum 50%
renewable energy sources; 2) help meet the goals of the Member Agency's Climate Action Plans to reduce
GHG emissions; 3) provide cost-competitive electric services to the customers of CEA; 4) gain local control
of the territory's energy procurement needs; and S) provide local clean energy programs and benefits.
The City of Solana Beach ("Solana Beach") currently operates SEA, the only CCA that is currently serving
customers in SDG&E territory. Solana Beach intends to transition its customers from SEA to CEA during
CEA's launch month of May 2021. Once its customers are fully transferred to CEA, Solana Beach will no
longer operate SEA. Solana Beach will submit an amended Implementation Plan, concurrent with this CEA
Implementation Plan, that reflects its customers transitioning to CEA.
The Alliance released a draft Implementation Plan in November 2019, which described the planned
organization, governance and operation of the CCA Program. Following consideration of comments
related to the draft document, a final Implementation Plan was prepared and duly adopted by the CEA
Board of Directors.
The CEA Program represents a culmination of planning efforts that are responsive to the expressed needs
and priorities of the residents and business community within the service territory. The Alliance plans to
expand the energy choices available to eligible customers through creation of innovative new programs
for voluntary purchases of renewable energy and net energy metering to promote customer-owned
renewable generation.
2.2 PROCESS OF AGGREGATION
Before they are enrolled in the Program, prospective CEA customers in Carlsbad and Del Mar will receive
two written notices in the mail that will provide information needed to understand the Program's terms
and conditions of service and explain how customers, if they desire, can opt-out of the Program. All
customers that do not follow the opt-out process specified in the customer notices will be automatically
enrolled, and service will begin at their next regularly scheduled meter read date following the date of
automatic enrollment, subject to the service phase-in plan described in Chapter 5. The initial enrollment
notices will be provided to customers in March 2021, with a second notice being provided in April 2021.
Customers currently being served by SEA were provided the required enrollment notices during their
transition from SDG&E service in 2018. These customers are not subject to the four required notices for
customers leaving SDG&E service, however, they will be provided at least one notice notifying them of
the transition from SEA service to CEA service and any rate or service impacts.
Customers enrolled in the CEA Program will continue to have their electric meters read and to be billed
for electric service by the distribution utility (SDG&E). The electric bill for Program customers will show
Aggregation Process 8 December 2019
Clean Energy Alliance Implementation Plan
separate cha rges for generation procured by CEA as well as other charges related to electricity delivery
and other utility charges assessed by SDG&E.
After service cutover, customers will have approximately 60 days (two billing cycles) to opt-out of the CEA
Program without penalty and return to the distribution utility (SDG&E). CEA customers will be advised of
these opportunities via the distribution of two additional enrollment notices provided within the first two
months of service. Customers that opt-out between the initial cutover date and the close of the post
enrollment opt-out period will be responsible for program charges for the time they were served by CEA
but will not otherwise be subject to any penalty for leaving the program. Customers that have not opted-
out within thirty days of the fourth enrollment notice will be deemed to have elected to become a
participant in the CEA Program and to have agreed to the CEA Program's terms and conditions, including
those pertaining to requests for termination of service, as further described in Chapter 8.
2.3 CONSEQUENCES OF AGGREGATION
2.3.1 Rate Impacts
CEA customers will pay the generation charges set by the Alliance and no longer pay the costs of SDG&E
generation. Customers enrolled in the Program will be subject to the Progra m's terms and conditions,
including responsibility for payment of all Program charges as described in Chapter 9.
The Alliance's rate setting policies described in Chapter 7 establish a goal of providing rates that are
competitive with the projected generation rates offered by the incumbent distribution utility (SDG&E).
The Alliance will establish rates sufficient to recover all costs related to operation of the Program, and the
CEA Board will adopt actual rat es.
Initial CEA Program rates will be established following approval of the Alliance's inaugural program
budget, reflecting final costs from the CEA Program's energy procurement. The Alliance's rate policies
and procedures are detailed in Chapter 7. Information regarding final CEA Program rates will be disclosed
along with other terms and conditions of service in the pre-enrollment and post-enrollment notices sent
to potential customers.
Once CEA gives definitive notice to SDG&E that it will commence service, CEA customers will generally not
be responsible for costs associated with SDG&E's future electricity procurement contracts or power plant
investments. Certain pre-existing generation costs and new generation costs that are deemed to provide
system-wide benefits will continue to be charged by SDG&E to CCA customers through separate rate
components, called the Cost Responsibility Surcharge and the New System Generation Charge. These
charges are shown in SDG&E's electric service tariffs, which can be accessed from the utility's website,
and the costs are included in charges paid by both SDG&E bundled customers as well as CCA and Direct
Access customers2 • SEA customers that transition to CEA will maintain their current Power Charge
Indifference Adjustment ("PCIA") vintage of 2017, having already departed from SDG&E generation
services. Eligible Del Mar and Carlsbad customers who transition to CEA service will be assigned a 2020
PCIA vintage.
2 For SDG&E bundled service customers, the Power Charge Indifference Adjustment element of the Cost Responsibility Surcharge
is contained within the CCA-CRS rate tariff.
Aggregation Process 9 December 2019
Clean Energy Alliance Implementation Plan
2.3.2 Renewable Energy Impacts
A second consequence of the Program will be an increase in the proportion of energy generated and
supplied by RPS-eligible renewable resources. The resource plan includes procurement of renewable
energy in excess of California's renewable energy procurement mandate, and SDG&E's forecast
renewable percentage, with a goal of providing a minimum of 50% renewable energy at launch, for all
enrolled customers. Consistent with Senate Bill 100, CEA renewable energy will increase toward 60% by
2030. CEA customers may also voluntarily participate in a higher renewable supply option, potentially up
to 100%. To the extent that customers choose CEA's voluntary renewable energy option, the renewable
content of CEA's aggregate supply portfolio will further increase. Initially, requisite renewable energy
supply will be sourced through one or more short-term power purchase agreements; however, shortly
after launching operations, long-term procurement of renewable energy will begin to meet California's
long-term renewable energy contracting requirements that become effective in Compliance Period 4 and
beyond 3 • Over time, the Alliance will also consider independent development of new renewable
generation resources.
2.3.3 Greenhouse Gas Reduction
A third consequence of the Program will be an anticipated reduction in the greenhouse gas emissions
attributed to the CEA supply portfolio as compared to SDG&E. An important objective of the CEA
formation is to support the Climate Action Plans of the Member Agencies. Therefore, CEA will set
aggressive GHG-emissions reduction targets and acquire zero or low GHG-emitting supply to achieve
those targets.
3 Under California's RPS Program, 65 percent of mandated renewable energy purchases must be sourced from eligible long-term
contracts beginning in calendar year 2021.
Aggregation Process 10 December 2019
Clean Energy Alliance Implementation Plan
3 ORGANIZATION AND GOVERNANCE STRUCTURE
This section provides an overview of the organizational structure of CEA and its proposed implementation
of the CCA program. Specifically, the key agreements, governance, management, and organizational
functions of CEA are outlined and discussed below.
3.1 ORGANIZATIONAL OVERVIEW
CEA is a joint powers authority formed under the California Joint Exercise of Powers Act. It was established
on November 4, 2019 with a Board of Directors serving as its Governing Board. The Board is responsible
for establishing CEA's Program policies and objectives and overseeing CEA's operation. In December 2019,
the Board appointed an Interim Chief Executive Officer ("CEO") to manage the operation of the Alliance
in accordance with policies adopted by the Board.
3.2 GOVERNANCE
The CEA Program will be governed by the CEA Board, which shall include one appointed designee from
each of the Member Agencies. The Members of CEA include three (3) municipalities w ithin the County of
San Diego, Del Mar, Carlsbad and Solana Beach, all of which have elected to allow CEA to provide electric
generation service within their respective jurisdictions. The Alliance's Board will be comprised of
representatives appointed by each of the Members in accordance with the JPA agreement. The CEA
Program will be operated under the direct ion of an CEO appointed by the Board, with legal and regulatory
support provided by a Board appointed General Counsel.
The Board's primary duties are to establish program policies, approve rates and provide policy direction
to the CEO, who has general responsibility for program operations, consistent with the policies established
by the Board. The Board will elect a Chair and Vice Chair and may form various standing and ad hoc
committees, as appropriate, which would have responsibility for evaluating various issues that may affect
the Alliance and its customers, including rate-related and power contracting issues, and would provide
analytical support and recommendations to the Board in these regards.
3.3 MANAGEMENT
The CEA CEO has management responsibilities over the functional areas of Administration & Finance,
Marketing & Public Affairs, Power Resources & Energy Programs, and Government Affairs, as well as the
assisting the Board with overall supervision of the legal services provided by the Alliance's General
Counsel. In performing the defined obligations to CEA, the CEO may utilize a combination of internal staff
and/or contractors. Certain specialized functions needed for program operations, namely the electric
supply and customer account management functions described below, will be performed by experienced
third-party contractors.
Major functions of the Alliance that will be managed by the CEO are summarized below.
Organization and Governance Structure 11 December 2019
Clean Energy Alliance Implementation Plan
3.4 ADMINISTRATION
CEA's CEO will be responsible for managing the organization's human resources and administrative
functions and will coordinate with the CEA Board, as necessary, with regard to these functions. The
functional area of administration will include oversight of any employee hiring and termination,
compensation and benefits management, identification and procurement of requisite office space and
various other issues. It is likely that existing Member Agency staff will initially assist with this function.
3.5 FINANCE
The CEO is also responsible for managing the financial affairs of the Alliance, including the development
of an annual budget, revenue requirement and rates; managing and maintaining cash flow requirements;
arranging potential bridge loans as necessary; and other financial tools.
Revenues via rates and other funding sources (such as a rate stabilization fund, when necessary) must, at
a minimum, meet the annual budgetary revenue requirement, including recovery of all expenses and any
reserves or coverage req uirements set forth in bond covenants or other agreements. The Alliance will
have the flexibility to consider rate adjustments, administer a standardized set of electric rates, and may
offer optional rates to encourage policy goals such as encouraging renewable generation and incentivizing
peak demand reduction, provided that the overall revenue requirement is achieved.
CEA's finance function will be responsible for preparing the annual budget, arranging financing necessary
for any capital projects, preparing financial reports, managing required audits and ensuring sufficient cash
flow for successful operation of the CEA Program. The finance function will play an important role in risk
management by monitoring the credit of energy suppliers so that credit risk is properly understood and
mitigated. In the event that cha nges in a supplier's financial condition and/or credit rating are identified,
the Alliance will be able to take appropriate action, as would be provided for in the electric supply
agreement(s).
3.6 MARKETING & PUBLIC AFFAIRS
The marketing and public affairs functions include general program marketing and communications as
well as direct customer interface ranging from management of key account relationships to call center
and billing operations. The Alliance will conduct program marketing to raise consumer awareness of the
CEA Program and to establish its "brand" in the minds of the public, with the goal of retaining and
attracting as many customers as possible into the CEA Program. Communications will also be directed at
key policy-makers at the state and local level, community business and opinion leaders, and the media.
In addition to general program communications and marketing, a significant focus on customer service,
particularly representation for key accounts, will enhance the Alliance's ability to differentiate itself as a
highly customer-focused organization that is responsive to the needs of the community. CEA, through its
data services provider, will also establish a customer call center designed to field customer inquiries and
routine interaction with customer accounts.
The customer service function also encompasses management of customer data. Customer data
management services include retail settlements/billing-related activit ies and management of a customer
database. This function processes customer service requests and administers customer enrollments and
departures from the CEA Program, maintaining a current database of enrolled customers. This function
Organization and Governance Structure 12 December 2019
Clean Energy Alliance Implementation Plan
coordinates the issuance of monthly bills through SDG&E's billing process and tracks customer payments.
Activities include the electronic exchange of usage, billing, and payments data with SDG&E and CEA,
tracking of customer payments and accounts receivable, issuance of late payment and/or service
termination notices (which would return affected customers to bundled service), and administration of
customer deposits in accordance with credit policies of the Alliance.
The customer data management services function also manages billing-related communications with
customers, customer call centers, and routine customer notices. The Alliance will contract with an
experienced third party t o perform the customer account and billing services functions.
3. 7 POWER RESOURCES & ENERGY PROGRAMS
CEA must plan for meeting the electricity needs of its customers utilizing resources consistent with its
policy goals and objectives as well as applicable legislative and/or regulatory mandates. CEA's long-term
resource plans (addressing the 10-20-year planning horizon) will comply with California Law and other
pertinent requirements of California regulatory bodies. In particular, CEA is aware of compulsory
Integrated Resource Planning requirements, as identified in Senate Bill 350 (de Leon, 2015), which require,
among other provisions, that CCAs periodically submit integrated resource planning documents and
related materials to the CPUC. Specifically, the Public Utilities Code requires that, "The plan of a
community choice aggregator shall be submitted to its governing board for approval and provided to the
commission for certification, consistent with paragraph (S) of subdivision (a) of section 366.2". The
Alliance intends to comply with this requirement similar to the manner in which other CCA organizations
have complied and will rely on the experience gained by such organizations in completing pertinent data
templates and documentation during future processes. Integrated resource planning efforts of the
Alliance will make use of demand side energy efficiency, distributed generation and demand response
programs as well as traditional supply options, which rely on structured wholesale transactions to meet
customer energy requirements. Integrated resource plans will be updated and adopted by the Board as
required by state law and applicable regulations. The Alliance is also aware of the need to periodically
prepare and submit RPS Procurement Plans, which shall address the manner in which the CEA Program
will achieve compliance with pertinent provisions of California's RPS mandate. As required, the first RPS
Procurement Plans will be developed and submitted during the 90-day certification period related to this
Implementation Plan.
The Alliance may develop and administer complementary energy programs that may be offered to CEA
customers, including green pricing, energy efficiency, net energy metering and various other programs
that may be identified to support the overarching goals and objectives of the Alliance.
3.7.1 Electric Supply Operations
Electric supply operations encompass the activities necessary for wholesale procurement of electricity to
serve end use customers. These highly specialized activities include the following:
► Electricity Procurement-assemble a portfolio of electricity resources to supply the electric needs
of Program customers.
► Risk Management -application of standard industry techniques to reduce exposure to the
volatility of energy and credit markets and insulate customer rates from sudden changes in
wholesale market prices.
Organization and Governance Structure 13 December 2019
Clean Energy Alliance Implementation Plan
► Load Forecasting -develop load forecasts, both long-term for resource planning, short-term for
the electricity purchases, and sales needed to maintain a balance between hourly resources and
loads.
► Scheduling Coordination -scheduling and settling electric supply transactions with the California
Independent System Operator ("CAISO").
The Alliance will contract with one or more experienced and financially sound third-party energy services
firms to perform most of the electric supply operations for the CEA Program. These requirements include
the procurement of energy, capacity and ancillary services, scheduling coordinator services, short-term
load forecasting and day-ahead and real-time electricity trading.
3.8 GOVERNMENTAL AFFAIRS & LEGAL SUPPORT
The CEA Program will require ongoing regulatory and legislat ive representation to manage various
regulatory compliance filings related to resource plans, RA, compliance with California's RPS program and
overall representation on issues that will impact CEA customers. The Alliance will maintain an active role
at the CPUC, the California Energy Commission, the California Independent System Operator ("CAISO"),
the California legislature and, as necessary, the Federal Energy Regulatory Commission with either in-
house staff or contracted third parties with experience in the energy market arena.
CEA's General Counsel is hired by and reports to the Board of Directors. However, the CEO will assist the
Board in supervising the legal services as provided by General Counsel. The Alliance may retain specialized
outside legal services, as necessary, to review power purchase agreements, give advice on regulatory
matters, and provide other specialized legal services related to activities of the CEA Program. In addition,
CEA's wholesale services provider may assist with regulatory filings related to wholesale procurement.
Organization and Governance Structure 14 December 2019
Clean Energy Alliance Implementation Plan
4 STARTUP PLAN AND FUNDING
This Chapter presents the Alliance's plans for the start-up period, including necessary expenses and capital
outlays. As described in the previous Chapter, the Alliance will utilize a mix of internal staff and
contractors in its CCA Program implementation and operation.
4.1 STARTUPACTIVITIES
The initial program startup activities include the following:
► Hire staff and/or contractors to manage implementation
► Adopt policies and procedures for the operation of CEA
► Identify qualified suppliers (of requisite energy products and related services) and negotiate
supplier contracts
• Electric supplier and scheduling coordinator
• Data management provider (if separate from energy supply)
► Define and execute communications plan
• Customer research/information gathering
• Media campaign
• Key customer/stakeholder outreach
• Informational materials and customer notices
• Customer call center
• Website
► Post financial security requirement and complete requisite registration requirements
► Establish reserves that may be required by energy suppliers
► Pay utility service initiation, notification and switching fees
► Perform customer notification, opt-out and transfers
► Conduct load forecasting
► Establish rates
► Legal and regulatory support
► Financial management and reporting
Some costs related to starting up the CEA Program may be the responsibility of the CEA Program's
contractors. These may include capital requirements needed for collateral/credit support for electric
Startup Plan and Funding 15 December 2019
Clean Energy Alliance Implementation Plan
supply expenses, customer information system costs, bond requirements, electronic data exchange
system costs, call center costs, and billing administration/settlements systems costs.
4.2 STAFFING AND CONTRACT SERVICES
Personnel in the form of Alliance staff, Member Agency staff, or contractors will be utilized as needed to
match workloads involved in forming CEA, managing contracts, and initiating customer
outreach/marketing during the pre-operations period. During the startup period, minimal personnel
requirements may include a CEO, legal support, and other personnel needed to support regulatory,
procurement, finance, legal, marketing, and communications activities. This support will come from
existing Member Agency staff and contractors. Once operational, additional staff and/or contractors may
be retained, as needed, to support the rollout of additional value-added services (e.g., efficiency projects)
and local generation projects and programs.
4.3 CAPITAL REQUIREMENTS
The start-up of the CCA Program will require capital for three major functions: (1) staffing and contractor
costs; (2) deposits and reserves; and (3) operating cash flow. Based on the Alliance's anticipated start-up
activities and implementation schedule, a total need of $4.4M has been identified to support the
aforementioned functions. Out of the $4.4 capital requirements, $450,000 will be funded from member
advances for costs incurred in fiscal year 19/20, $959,000 is related to the implementation/startup efforts
(i.e., rate setting, power procurement and contract negotiations, marketing and communications,
regulatory compliance, SDG&E security deposit, etc.) in order to serve customers by May 2021. A deposit
in the amount of $500,000 will also need to be posted to CAISO for the Alliance to be a Congestion
Revenue Rights Holder. The remaining $2,500,000 is the "float" required for CEA to pay its monthly bills
before the program generates enough internal cash to self-fund its working capital needs.
The capital requirement is further broken down as follows:
Clean Energy Alliance
Draft Budget
Fiscal Years 19/20 and 20/21
FY 19/20
Staffing/Consultants $ 50,000.00
Legal Services 130,000.00
Professional Services 115,000.00
CCA Bond 147,000.00
CAISO Fee
calCCA Membership & Dues 1,500.00
Print/Mail Services
Advertising
Graphic Design Services 6,500.00
Website Maintenance
Audit Services
cash Flow & Lockbox Reserves
TOTAL PROJECTED BUDGET $450,000.00
Startup Plan and Funding 16
FY 20/21
$ 235,000.00
200,000.00
200,000.00
500,000.00
130,000.00
132,000.00
10,000.00
10,000.00
2,500.00
40,000.00
2,500,000.00
$3,959,500.00
December 2019
Clean Energy Alliance Implementation Plan
The finance plan in Chapter 7 provides additional detail regarding the Alliance's expected capital
requirements and general Program finances. All the capital required for start-up will be provided through
in-kind support from Member Agencies, deferred fees, Member advances and direct loans.
Related to the Alliance's initial capital requirement, this amount is expected to cover staffing and
contractor costs during startup and pre-startup activities, including direct costs related to public relations
support, technical support, and customer communications. Requisite deposits and operating reserves are
also reflected in the initial capital requirement, including the following items: 1) operating reserves to
address anticipated cash flow variations; 2) deposit with the CAISO prior to commencing market
operations (if required); 3) Financial Security Requirement (CCA bond posted with the CPUC); and 4)
SDG&E service fee deposit, if required.
Operating revenues from sales of electricity will be remitted to CEA beginning approximately sixty days
after t he initial customer enrollments. This lag is due to the distribution utility's standard meter reading
cycle of 30 days and a 30-day payment/collections cycle. CEA will need working capital to support
electricity procurement and costs related to program management, which is included in CEA's initial
$4,400,000 capital requirement.
4.4 FINANCING PLAN
CEA's initial capital requirement will be met through a combination of financing mechanisms. CEA will be
seeking assistance through deferred fees from contractors and vendors, loans and/or lines of credit from
financial institutions and in-kind services and advances provided by Member Agencies (to be reimbursed
in the future). CEA will repay back the principal and interest costs associated with the start-up funding
via retail generation rates charged to CEA customers. It is anticipated that the start-up costs will be fully
recovered through such customer generation rates within the first three years of operations.
Startup Plan and Funding 17 December 2019
Clean Energy Alliance Implementation Plan
5 PROGRAM PHASE-IN
CEA plans to roll out its service offering to all eligible customers in a single phase at start-up. There are
approximately 58,000 eligible customer accounts within the Alliance's boundaries, resulting in a single-
phase roll-out being reasonable and the most efficient way for CEA to serve customers beginning in May
2021.
Solana Beach is currently providing energy to its residents and businesses through SEA, its community
choice aggregation program. During May 2021, SEA customers will transfer from SEA to CEA. Once, and
as long as CEA is operational and all SEA customers have transitioned to CEA, SEA will cease operating as
a community choice aggregation program.
It is possible that Net Energy Metering ("NEM") customers may be enrolled over multiple periods to
mitigate the impact of SDG&E NEM true-up treatment .
Program Phase-In 18 December 2019
Clean Energy Alliance Implementation Plan
6 LOAD FORECAST & RESOURCE PLAN
6.1 INTRODUCTION
This Chapter describes the planned mix of electric resources that will meet the energy demands of CEA
customers using a diversified portfolio of electricity supplies. Several overarching policies govern the
resource plan and the ensuing resource procurement activities that will be conducted in accordance with
the plan. The key policies are as follows:
• Develop a portfolio with a minimum 50% renewable energy and lower greenhouse gas ("GHG")
emissions than SDG&E.
• Manage a diverse resource portfolio to increase control over energy costs and maintain competitive
and stable electric rates.
• Comply with RA procurement requirements as established by CPUC Resolution E-4907.
• Comply with applicable renewable energy procurement mandates, as increased under Senate Bill 100
("SB 100"; de Leon, 2018).
• Comply with SB 350, periodically preparing and submitting (for certification by the CPUC) an
Integrated Resource Plan ("IRP").
• Comply with applicable requirements for ensuring procurement from small, local and diverse business
enterprises in all categories, including, but not limited to, renewable energy, energy storage system,
and sma rt grid projects as required by SB 255 ("SB 255"; Bradford, 2019).
• As applicable, annually prepare and submit a detailed and verifiable plan to the CPUC for increasing
procurement from small, local and diverse business enterprises in all categories, including, but not
limited to, renewable energy, energy storage system, and smart grid projects as required by SB 255.
• As applicable, annually prepare and submit a report to the CPUC regarding its procurement from
women, minority, disabled veteran and LGBTQ business enterprises in all categories, including, but
not limited to, renewable energy, energy storage system, and smart grid projects as required by SB
255.
The plan described in this section would accomplish the following:
► Procure Competitive Supply: Procure energy, RA, renewables and low-GHG supply through
competitive processes in the open market to support the potential offering of service options to
include a 100% renewable energy voluntary opt-up product.
► Use Best Practices Risk Management: Maintain rate competitiveness by using a dollar-cost-
averaging approach with particular attention to the methodology used in the power charge
indifference adjustment ("PCIA") calculation. Use stochastic modeling to measure and achieve
risk management objectives.
► Achieve Environmental Objectives: Procure supply to offer two distinct generation rate tariffs: 1)
a voluntary 100% renewable energy offered to CEA customers on a price premium basis relative
Load Forecast & Resource Plan 19 December 2019
Clean Energy Alliance Implementation Plan
to CEA's default retail option; and 2) a default CEA service option that is sourced from a minimum
50% renewable energy.
► Provide NEM Tariff: Encourage distributed renewable generation in the local area through the
offering of a net energy metering tariff that is more remunerative than SDG&E's NEM tariff.
► Compliance: Ensure compliance with participation in the Annual and Monthly RA process.
► Diversity: Encourage procurement from small, local and diverse business enterprises.
CEA will comply with regulatory rules applicable to California load serving entities. CEA will arrange for
the scheduling of sufficient electric supplies to meet the demands of its customers. CEA will adhere to
capacity reserve requirements established by the CPUC and the CAISO designed to address uncertainty in
load forecasts and potential supply disruptions caused by generator outages and/or transmission
contingencies. These rules also ensure that physical generation capacity is in place to serve CEA's
customers, even if there were a need for the Alliance's Program to cease operations and return customers
to SDG&E. In addition, the Alliance will be responsible for ensuring that its resource mix contains sufficient
production from renewable energy resources needed to comply with the statewide RPS mandate (33
percent renewable energy by 2020, increasing to 60 percent by 2030). The resource plan will meet or
exceed all of the applicable regulatory requirements related to RA and the RPS.
In relation to its RPS procurement obligation, CEA is aware that SB 100 was signed into law by Governor
Brown on September 10, 2018, with an effective date of January 1, 2019. One of SB lO0's key
requirements is to increase California's RPS procurement mandate to 44 percent by December 31, 2024,
52 percent by December 31, 2027, and 60 percent by December 31, 2030. The Alliance is also aware of
applicable long-term renewable energy contracting requirements and plans to satisfy such requirements
with one or more eligible contracts put in place prior to or during early-stage operation of the CCA
Program. As a local governmental agency, the Alliance's resource planning and procurement activities
are subject to and overseen by its Board through an open and public process.
In relation to its small, local and diverse business enterprise procurement requirement, the Alliance is
aware that SB 255 was signed into law by Governor Newsom on October 2, 2019. SB 255 requires the CEA
Implementation Plan that to include the methods for ensuring procurement from small, local and diverse
business ent erprises in all categories, including, but not limited to, renewable energy, energy storage
system, and smart grid projects. These methods are described in the Small, Local and Diverse Business
Enterprise Procurement section.
6.2 RESOURCE PLAN OVERVIEW
To meet the aforementioned objectives and satisfy the applicable regulatory requirements pertaining to
CEA's status as a California load serving entity, CEA's resource plan includes a diverse mix of power
purchases, renewable energy, and potentially, new energy efficiency programs, demand response, and
distributed generation. A diversified resource plan minimizes risk and volatility that can occur from over-
reliance on a single resource type or fuel source, and thus increases the likelihood of rate stability. The
planned power supply will initially be comprised of power purchases from third party electric suppliers
and, in the longer-term, may include renewable generation asset s owned and/or controlled by CEA.
Load Forecast & Resource Plan 20 December 2019
Clean Energy Alliance Implementation Plan
Once the CEA Program demonstrates it can operate successfully, CEA may begin evaluating opportunities
for investment in renewable generating assets, subject to then-current market conditions, statutory
requirements and regulatory considerations. Any renewable generation owned by CEA or controlled
under a long-term power purchase agreement with a proven public power developer, could provide a
portion of CEA's electricity requirements on a cost-of-service basis. Depending upon market conditions
and, importantly, the applicability of tax incentives for renewable energy development, electricity
purchased under a cost-of-service arrangement can be more cost-effective than purchasing renewable
energy from third party developers, which will allow the CEA Program to pass on cost savings to its
customers through competitive generation rates. Any investment decisions in new renewable generating
assets will be made following appropriate environmental reviews and in consultation with qualified
financial and legal advisors.
As an alternative to direct investment, CEA may consider partnering with an experienced public power
developer or other Joint Powers Authorities and could enter into a long-term (15-to-30 year) power
purchase agreement that would support the development of new renewable generating capacity. Such
an arrangement could be structured to reduce the CEA Program's operational risk associated with capacity
ownership while providing its customers with all renewable energy generated by the facility under
contract.
CEA's indicative resource plan for the years 2021 through 2030 is summarized in the following table. Note
that CEA's projections reflect a portfolio mix of renewable energy compliant with the annual RPS
requirement and all other supply coming in the form of conventional resources or CAISO system power4•
Table 1: Proposed Resource Plan
Oean Enercv Alliance
Proposed Resource Plan (MWh)
2021-2030
2021 2022 ill! 2024 2025 2026 2027 rul ~ ~
Demond (MWh)
Retail 144,022 928,654 949,406 965,616 980,219 990,867 997,196 1,017,140 1,037,482 1,058,232
loss~ 6,193 39,932 40,824 41,521 42,149 42,607 42,879 43,737 44,612 45,504
Wholesc,le 150,215 968,586 990,230 1,007,137 1,022,368 1,033,474 1,040,075 1,060,877 1,082,094 1,103,736
Supply(MWh)
Renewaible 72,011 464,327 474,703 482,808 490,109 495,433 518,542 556,036 594,823 634,939
System 78,204 504,259 515,527 524,329 532,259 538,041 521,533 504,840 487,271 468,797
Tocol Supply 150,215 968,586 990,230 1,007,137 1,022,368 1,033,474 1,040,075 1,060,877 1,082,094 1,103,736
6.3 SUPPLY REQUIREMENTS
The starting point for CEA's resource plan is a projection of participating customers and associated electric
consumption. Projected electric consumption is evaluated on an hourly basis and matched with resources
best suited to serving the aggregate of hourly demands or the program's "load profile." The electric sales
forecast and load profile will be affected by CEA's plan to introduce the CEA Program to customers in one
• The Alliance has applied known RPS procurement targets, as reflected in SB 100, for calendar years 2024, 2027 and 2030. In the
intervening years, the Alliance has assumed a general straight-line trajectory between each of the aforementioned years (which
are associated with the final years of Compliance Periods 4, 5 and 6 respectively).
Load Forecast & Resource Plan 21 December 2019
Clean Energy Alliance Implementation Plan
single phase and the degree to which customers choose to remain with SDG&E during the customer
enrollment and opt-out period. The Alliance's rollout plan and assumptions regarding customer
participation rates are discussed below.
6.4 CUSTOMER PARTICIPATION RATES
Customers will be automatically enrolled in the CEA Program unless they opt-out during the customer
notification process conducted during the 60-day period prior to enrollment and continuing through the
60-day period following commencement of service. The Alliance anticipates an overall customer
participation rate of approximately 90 percent of eligible SDG&E bundled service customers, based on
reported opt-out rates for already operating CCAs. It is assumed that customers taking direct access
service from a competitive electricity provider will continue to remain with their current supplier.
The participation rate is not expected to vary significantly among customer classes, in part because the
Alliance will offer two distinct rate tariffs that will address the needs of cost-sensitive customers as well
as the needs of both residential and business customers that prefer a highly renewable energy product.
The assumed participation rates will be refined as CEA's public outreach and market research efforts
continue to develop.
6.5 CUSTOMER FORECAST
Once customers enroll, they will be transferred to service by CEA on their regularly scheduled meter read
date over an approximately thirty-one-day period. Approximately 2,900 service accounts per day will be
transferred during the first month of service. The number of accounts anticipated to be served by CEA at
the end of the en rollment period is shown in Table 2.
Table 2: Tata/ Customer Counts a_t the end of First Month of Operation, here presuming enrollment occurs in May 2021.
Residential
Commercial & Agriculture
Street Lighting & Traffic
May-21
49,800
8,000
200
The Alliance assumes that customer growth will generally offset customer attrition (opt-outs) over time,
resulting in a relatively stable customer base (<1% annual growth) over the noted planning horizon. While
the successful operating track record of California CCA programs continues to grow, there is a relatively
short history with regard to CCA operations, which makes it difficult to anticipate the actual levels of
customer participation within the CEA Program. The Alliance believes that its assumptions regarding the
offsetting effects of growth and attrition are reasonable in consideration of the historical customer growth
(based on SDG&E data) within the JPA and the potential for continuing customer opt-outs following
mandatory customer notification periods. The following table shows the forecast of service accounts
(customers) served by CEA for each of the next ten years.
Tobie 3: Customer Accounts by Year
ml 2022 2023 m! ~ ~ ill.! 2028 2029 1Q!Q
Resldtntlal 49,800 49,800 49,900 49,900 50,000 50,100 50,100 51,100 52,200 53,200
Convncrcial & Aarlculture 8,000 8,000 8,000 8,000 8,000 8,000 8,000 8,200 8.400 8,500
Street lighti~ & Traffic 200 200 200 200 200 200 200 200 200 200
Load Forecast & Resource Plan 22 December 2019
Clean Energy Alliance Implementation Plan
6.6 SALES FORECAST
The Alliance's forecast reflects the rollout and customer enrollment schedule shown above.
Annual energy requirements are shown in Table 4.
Table 4: Demand Forecast in MWh, 2021-2030
~ ~ lill ill! W! ~ ill! ru! lQll lliQ
Demond (MWh)
Retail 1 .. ,022 928,654 949,~ 965,616 980,219 990,867 997.196 1,017,140 1,037,482 1,058,232
Losses 6,193 39,932 40,824 41,521 42,1(9 42,607 42,879 43,737 .. ,612 45,504
Wholesale 150,215 968,586 990,230 1,007,137 1,022,368 1,033,474 1,040,075 1,060,877 1,082,094 1,103,736
6. 7 CAPACllY REQUIREMENTS
The CPU C's RA standards applicable to the CEA Program require a demonstration one year in advance that
CEA has secured physical capacity for 90 percent of its projected peak loads for each of the five months
May through September, plus a minimum 15 percent reserve margin.
Additionally, the Alliance must demonstrate one year in advance that it has secured physical capacity for
100 percent of its local RA obligation across all months in the upcoming compliance year 2021 and the
following compliance year 2022 and SO percent across all months in 2023. On a month-ahead basis, CEA
must demonstrate 100 percent of the peak load plus a minimum 15 percent reserve margin. Per CPUC
Resolution E-4907, the Alliance must participate in the year-ahead RA compliance cycle in ord er to serve
customers in the following calendar year. The Alliance will follow the prescribed year-ahead RA
compliance timeline outlined within Appendix A of Resolution E-4907; this includes:
• Submission of year-ahead load forecast to the CEC and CPUC in April 2020;
• Submission of updated year-ahead load forecast to the CEC and CPUC in August 2020;
• Submission of year-ahead compliance materials in October 2020; and
• Submission of month-ahead load migration forecast by February 2021.
A portion of CEA's capacity requirements must be procured locally, from the San Diego -Imperial Valley
local capacity area as defined by the CAISO. The Alliance would be required to demonstrate its local
capacity requirement for each month of the following calendar year. The local capacity requirement is a
percentage of the total (SDG&E service area) local capacity requirements adopted by the CPUC based on
CEA's forecasted peak load. CEA must demonstrate compliance or request a waiver from the CPUC
requirement as provided for in cases where local capacity is not available.
CEA is also required to demonstrate that a specified portion of its capacity meets certain operational
flexibility requirements under the CPUC and CAISO's flexible RA framework.
Load Forecast & Resource Plan 23 December 2019
Clean Energy Alliance Implementation Plan
The estimated forward RA requirements for 2021 through 2023 are shown in the following tables5:
Table 5: Forward Capacity Requirements (Total) for 2021-2023 in MW, presuming service starts in May 2021
Month
January
February
March
April
May
June
July
August
September
October
November
December
2021
139.9
165.6
176.0
168.8
172.7
164.5
155.3
172.1
2022 2023
182.8 186.1
171.2 174.2
151.2 153.8
144.1 152.4
143.7 140.5
170.1 172.9
188.0 191.2
167.0 169.8
177.4 180.5
168.9 171.7
159.5 162.2
176.7 186.9
CEA's plan ensures that sufficien~ reserves will be procured to meet its peak load at all times. The
projected CEA annual capacity requirements are shown in the following table:
Mu Wholn•I• Dem,nd
~ H.qulrHMnf (l~")
Total (dp.tcily Rec1uirl!n1e11t
Table 6: Annual Maximum Capacity Requirements 2021-2030
2021
176.0
7U
1074
2011
181.0
781
n61
2021
191.2
28.1
219.A
202•---2025
19L2 119.2
18.1 78.•
n ?.9 nn
lQU
190.6
786
719 7
2027
1'4 6
79.1
7733
20ll
1985
:19.8
7183
l..029
2015
.l(U
7379
zo,o
2065
Jl.O
n1S
Local capacity requirements are a function of the SDG&E area RA requirements and CEA's projected peak
demand. CEA will need to work with the CPUC's Energy Division and staff at the California Energy
Commission to obtain the data necessary to calculate its monthly local capacity requirement. A
preliminary estimate of CEA's annual maximum local capacity requirement for the ten-year planning
period ranges between 132-155 MW as shown in Table 7.
Mu W'hok-wl• 0.,,"'4tf'd
i.o, .. C..p,,,,ry I" of lot•II
S.n Di"I" rJ (MW)
Table 7: Annual Maximum Local Capacity Requirements 2021-2030
ZOU
176.0 1,,.
m.o
201.l
181.0 ,s,.
MIO
2021
191.2 ,.,,.
10 .•
1024
191 2 , .. ,.
10 .-1
2026
1906
UH
1027
194 6 ,,,.
IA6.0
2029
202,S ,..,.
1519
The CPUC assigns local capacity requirements during the year prior to the compliance period; thereafter,
the CPUC provides local capacity requirement true-ups for the second half of each compliance year.
CEA will coordinate with SDG&E and appropriate state agencies to manage the transition of responsibility
for RA from SDG&E to CEA during CCA program phase-in. For system RA requirements, CEA will make
month-ahead showings for each month that CEA plans to serve load, and load migration issues would be
addressed through the CPUC's approved procedures. CEA will work with the California Energy
s The figures shown in the tables are estimates. CEA's RA requirements will be subject to modification due to application of
certain coincidence adjustments and resource allocations relating to utility demand response and energy efficiency programs, as
well as generation capacity allocated through the Cost Allocation Mechanism. These adjustments are addressed through the
CPUC's RA compliance process.
Load Forecast & Resource Plan 24 December 2019
Clean Energy Alliance Implementation Plan
Commission and CPUC prior to commencing service to customers to ensure it meets its local and system
RA obligations through its agreement(s) with its chosen electric supplier(s).
6.8 RENEWABLES PORTFOLIO STANDARDS ENERGY REQUIREMENTS
6.8.1 Basic RPS Requirements
CEA will be required by statute and CPUC regulations to procure a certain minimum percentage of its retail
electricity sales from qualified renewable energy resources. For purposes of determining CEA's renewable
energy requirements, many of the same standards for RPS compliance that are applicable to the
distribution utilities will apply to CEA.
California's RPS program is currently undergoing reform. On October 7, 2015, Governor Brown signed
Senate Bill 350 ("SB 350"; De Leon and Leno), the Clean Energy and Pollution Reduction Act of 2015, which
increased California's RPS procurement target from 33 percent by 2020 to SO percent by 2030 amongst
other clean-energy initiatives. The RPS program was further amended on September 10, 2018 when
Governor Brown signed SB 100, increasing California's RPS procurement target to 60 percent by 2030
amongst other clean-energy initiatives. Many details related to SB 100 implementation will be developed
over time with oversight by designated regulatory agencies. However, it is reasonable to assume that
interim annual renewable energy procurement targets will be imposed on CCAs and other retail electricity
sellers to facilitate progress towards the 60 percent procurement mandate. For planning purposes, CEA
has assumed straight-line annual increases (1. 7 percent per year) to the RPS procurement target
beginning in 2021, as the state advances on the 60 percent RPS in 2030. CEA will also adopt an integrated
resource plan in compliance with SB 350. Furthermore, the Alliance will ensure that all long-term
renewable energy contracting requirements, as imposed by SB 350, will be satisfied through appropriate
transactions with qualified suppliers and will also reflect this intent in ongoing resource planning and
procurement efforts.
6.8.2 CEA's Renewa bles Portfolio Standards Requirement
CEA's annual RPS procurement requirements, as specified under California's RPS program, are shown in
Table 8.
Table 8: Renewable Procurement Obligation and Target Percentages and Volumes 2021-2030
2021 2022 2023 2024 1m 2026 2027 ru! ru2 i030
Ret•il Load (MWh) 144,022 928,654 949,406 965,616 980,219 990,867 997,196 1,017,140 1,037,482 1,058,232
RPS% Target 36% 39% 41% 44% 47% 49% 52% 55% 57% 60%
RPS Obllga t\on (MWh) 51,560 357,532 392,105 424,871 457,762 488,497 518,S.42 556,036 594,823 634,939
CEA" Target 50% 50% 50% 50% 50% 50% 52% 55% 57% 60%
CEA Ta<1et (MWh) 72,011 464,327 474,703 482,808 490,109 495,433 518,542 556,036 594,823 634,939
6.9 PURCHASED POWER
Power purchased from power marketers, public agencies, generators, and/or utilities will be a significant
source of supply during the first several years of CEA Program operation. CEA will initially contract to
obtain all of its electricity from one or more third party electric providers under one or more power supply
agreements, and the supplier(s) will be responsible for procuring the specified resource mix, including
CEA's desired quantities of renewable energy, to provide a stable and cost-effective resource portfolio for
the CEA Program.
Load Forecast & Resource Plan 25 December 2019
Clean Energy Alliance Implementation Plan
6.10 RENEWABLE RESOURCES
CEA will initially secure necessary renewable power supply from its third-party electric supplier(s). CEA
may supplement the renewable energy provided under the initial power supply contract(s) with direct
purchases of renewable energy from renewable energy facilities or from renewable generation developed
and owned by CEA. At this point in time, it is not possible to predict what projects might be proposed in
response to future renewable energy solicitations administered by CEA, unsolicited proposals or
discussions with other agencies. Renewable projects that are located virtually anywhere in the Western
Interconnection can be considered as long as the electricity is deliverable to the CAISO control area, as
required to meet the Commission's RPS rules and any additional guidelines ultimately adopted by the
Alliance. The costs of transmission access and the risk of transmission congestion costs would need to be
considered in the bid evaluation process if the delivery point is outside of CEA's load zone, as defined by
the CAISO.
6.11 SMALL, LOCAL AND DIVERSE BUSINESS ENTERPRISE PROCUREMENT
CEA's procurement processes will be developed to ensure compliance with SB 255 regarding procurement
from small, local and diverse business enterprises as applicable. These methods may include, but are not
limited to, providing preferences to small, local and diverse business enterprises as permitted by law,
developing specifications that encourage responses by small, local and diverse business enterprises,
conducting outreach to these enterprises and other methods as may be directed by the CEA Board. CEA
will request from contractors and information related to the hiring of small, local and diverse business
enterprises that will be reported to commission.
6.12 ENERGY EFFICIENCY
CEA does not currently anticipate running locally managed energy efficiency programs. In the future, CEA
may apply to become EE program administrators. In the meantime, CEA will support already existing
energy efficiency efforts within its service territory.
Load Forecast & Resource Plan 26 December 2019
Clean Energy Alliance Implementation Plan
7 FINANCIAL PLAN
This Chapter examines the monthly cash flows expected during the startup and customer phase-in period
of the CEA Program and identifies the anticipated financing requirements. It includes estimates of
program startup costs, including necessary expenses and capital outlays. It also describes the
requirements for working capital and long-term financing for the potential investment in renewable
generation, consistent with the resource plan contained in Chapter 6.
7.1 DESCRIPTION OF CAsH FLOW ANALYSIS
The Alliance's cash flow analysis estimates the level of capital that will be required during the startup and
phase-in period. The analysis focuses on the CEA Program's monthly costs and revenues and t he lags
between when costs are incurred and revenues received.
7.2 COST OF PROGRAM OPERATIONS
The first category of the cash flow analysis is the Cost of CCA Program Operations. To estimate the overall
costs associated with CCA Program Operations, the following components were taken into consideration:
► Electricity Procurement;
► Ancillary Service Requirements;
► Exit Fees;
► Staffing and Professional Services;
► Data Management Costs;
► Administrative Overhead;
► Billing Costs;
► Scheduling Coordination;
► Grid Management and other CAISO Charges;
► CCA Bond and Security Deposit; and,
► Pre-Startup Cost Reimbursement.
7.3 REVENUES FROM CCA PROGRAM OPERATIONS
The cash flow analysis also provides estimates for revenues generated from CCA operations or from
electricity sales to customers. In determining the level of revenues, the analysis assumes the customer
phase-in schedule described herein, and assumes that CEA charges a standard, default electricity tariff
similar to the generation rates of SDG&E for each customer class and an optional renewable energy tariff
(with a renewable energy content that exceeds the CEA default retail option) at a premium reflective of
incremental renewable power costs. More detail on CEA Program rates can be found in Chapter 8.
Financial Plan 27 December 2019
Clean Energy Alliance Implementation Plan
7.4 CAsH FLOW ANALYSIS RESULTS
The results of the cash flow analysis provide an estimate of the level of capital required for the Alliance to
move through the CCA startup and phase-in periods. This estimated level of capital is determined by
examining the monthly cumulative net cash flows (revenues from CCA operations minus cost of CCA
operations) based on assumptions for payment of costs or other cash requirements (e.g., deposits) by
CEA, along with estimates for when customer payments will be received. This identifies, on a monthly
ba sis, what level of cash flow is available in terms of a surplus or deficit.
The cash flow analysis identifies funding requirements in recognition of the potential lag between
revenues received and payments made during the phase-in period. The estimated financing requirements
for the startup and phase-in period, including working capital needs associated with the customer
enrollments, is determined to be $4.4M. Of the $4.4M in capital requirements, $1.4 is related to the
implementation/startup efforts, to be incurred during fiscal years 19/20 and 20/21, (i.e., rate setting,
power procurement and contract negotiations, marketing and communications, regulatory compliance,
CPUC bond, SDG&E security deposit, etc.) in order to serve customers by May 2021. A deposit in the
amount of $500,000 will also need to be posted to CAISO for the Alliance to be a Congestion Revenue
Rights Holder. The other $2,500,000 is the "float" required for CEA to pay its monthly bills before the
program generates enough internal cash to self-fund its working capital needs. Working capital
requirements peak soon after enrollment of all CEA customers.
7.5 PROGRAM IMPLEMENTATION PROFORMA
In addition to developing a cash flow analysis that estimates the level of working capital required to move
CEA through full CCA phase-in, a summary proforma analysis that evaluates the financial performance of
the CCA program during the phase-in period is shown in Table 9. The difference between the cash flow
analysis and the CCA pro forma analysis is that the proforma analysis does not include a lag associated
with payment streams. In essence, costs and revenues are reflected in the month in which service is
provided. All other items, such as costs associated with CCA Program operations and rates charged to
customers remain the same. Cash provided by financing activities are not shown in the proforma analysis,
although payments for loan repayments are included as a cost item.
The results of the pro forma analysis are shown in Table 9. In particular, the summary of CCA program
startup and phase-in addresses projected CEA Program operations for the period beginning May 2021
through June 2030. The Alliance has also included a summary of Program reserves, which are expected to
accrue over this same period.
Table 9: Pro Forma including Reserves Accumulation 2021-2030
Table 9: Pro Forma Including Reserves Accumulatlon 2021-2030
' 2021 ZOU 2.0.ZJ
-.11om0i, ... , ..... m
f i.t1 tir ~, R.iworv.MK
Uncoll«."1.d At.<.ovnts
lol•IK~
Co<I of a,,., .. ioo, tSJ
S1•fnna & Comuhll'ol
~lie~.-s
O.,t41M.tn~lSernt.n
IOUfH\
[M,-gy Procu,~nt
fOllll()pf-tllUOM
Net Ptoe,-~ Rt-wnutt
<umul41MJ Rt!o'-PtveS
Financial Plan
2024 ZOU 2oz, 2027 2021 zoz, ZOIO
S 11,461,:16'1 S 11.~Bl.'>81 S n,96',l9/ S lb,8Sl,1IIO S l'l,bll,Sr.. S 8l,/8S.O'l/ S 118,JolO,'J',O S 'l0,00'>.1&9 S '1,80!>,&r, S 9l,64Vl0J
S (14,314) S (214,/SIJ S (121,893) S ll]O.S721 S (219,066) S J20,8SS) S (264,72J) S J270,017J S t21S,4181 S (280,926)
$ 11,'16,911) $ 11,361!,IOO S 11,70,104 S 16,671>,(,0'l S 1'1,44'1,SIO S 81,0~,Ja/ $ 81,9/6,7/11 S 11'1,/I\.J)J S 9l,Slll,461 $ 9J,)t,1,076
s 01,0IJ 2,S10,ltl s 2,641,390 s J.716.111 s 2.IOl,616 2,192.174 1,919,660 s 3,039,254 s J,100,039 s J,162,040 s ,,1.1~ Ql'l,111 s 9',1,19/ s 91),911 s 1,01\,490 1,04),9\S 1,011,n• s 1,09ll.880 s 1,1'0,ISA s 1,10,US s 1.t6,49l 819~ s 880,609 s 881,72S s 881,ISJ 883,992 IIIS,142 s 902,MS s 920,902 s 9)9,)20 s 33,"61 s 101,090 s JOS,J39 s 101,61\ s JO'l,919 11}.1SI s Jt•.61l s 118,906 s l2l,1M s 111.1•9 s S,866,lO S S.t,089,SSS S S9,S.t6,lll S 61,419,02 S 61,917.91) S 64,521,128 S 66,311,081 s 67,631,323 s 68.991,089 s 10,310,911
$ 6,619,1(,() $ S8,6/l,14/ S 6.t,7)6 ... / S "6,7Jl,Sl6 s "'"l.t,l'll S o'l.~:.i..101 S 11,41,11,.1)1 s 11,11<1«.'JO/I s ,.,l'>l.,111 s IS,8H.M s •.807.l2S S 12.697,0U s 9.50S.4S7 S 10.405.091 S 11.61"'718 S 13-419.0.tl S 16.507,)97 s 16,837.54S s 17,l7.t.79S s l7.St7.781 s 007,125 $ 17,504,108 S 17,00<l,765 S l7,4t•,&Sll S 49,01'1.S76 S 6),'108.617 S 79,016,011 s 9S,8'USll S 113,017,853 S BO,S.tS,635
28 December 2019
Clean Energy Alliance Implementation Plan
The surpluses achieved during the phase-in period serve to build CEA's net financial position and credit
profile and to provide operating reserves for CEA in the event that operating costs (such as power
purchase costs) exceed collected revenues for short periods of time.
7.6 CLEAN ENERGY ALLIANCE FINANCINGS
It is anticipated that CEA will need financing for its start-up activities. CEA plans to seek financing through
its service providers that will amortize their start-up costs over the subsequent months following when
revenues begin flowing, through a loan or line of credit from a financial institution and through in-kind
services and advances from its Member Agencies that will be repaid in the future. Subsequent capital
requirements will be self-funded from accrued CEA financial reserves.
7.7 RENEWABLE RESOURCE PROJECT FINANCING
CEA may consider project financings for renewable resources, likely local wind and solar projects. These
financings would only occur after a sustained period of successful CEA Program operation and after
appropriate project opportunities are identified and subjected to appropriate environmental review.
In the event that such financing occurs, funds would include any short-term financing for the renewable
resource project development costs and would likely extend over a 20 to 30-year term. The security for
such bonds would be the revenue from sales to the retail customers of CEA.
Financial Plan 29 December 2019
Clean Energy Alliance Implementation Plan
8 RATE SETTING, PROGRAM TERMS AND CONDITIONS
8.1 INTRODUCTION
This Chapter describes the initial policies proposed for CEA in setting its rates for electric aggregation
services. These include policies regarding rate design, rate objectives, and provision for due process in
setting Program rates. Program rates are ultimately approved by the CEA Board. The Alliance would
retain authority to modify program policies from time to time at its discretion.
8.2 RATE POLICIES
The Alliance will establish rates sufficient to recover all costs related to operation of the CEA Program,
including any reserves that may be required as a condition of financing and other discretionary reserve
funds that may be approved by CEA. As a general policy, rates will be uniform for all similarly situated
customers enrolled in the CEA Program throughout the JPA service territory.
The primary objectives of the rate setting plan are to set rates that achieve the following:
► Rate competitive tariff option (default service offering), including a proportionate quantity of
renewable energy in excess of California's prevailing renewable energy procurement mandate;
► Voluntary renewable energy supply option (renewable content greater than the CEA default retail
service offering);
► Rate stability;
► Equity among customers in each tariff;
► Customer understanding; and
► Revenue sufficiency.
Each of these objectives is described below.
8.3 RATE COMPETITIVENESS
The primary goa l is to offer compet itive rates for electric services that CEA would provide to participating
customers. For participants in the CEA default energy product, t he goal would be for CEA Program target
generation rates to be initially at least two percent below, subject to actual energy product pricing and
decisions of the Board, similar generation rates offered by SDG&E. For participants in the CEA's Program's
voluntary 100% renewable energy product, the goal would be to offer the lowest possible customer rates
with an incremental monthly cost premium reflective of the actual cost of additional renewable energy
supply required to serve such customers.
Competitive rates will be critical to attracting and retaining key customers. In order for CEA to be
successful, the combination of price and value must be perceived as superior when compared to the
bundled SDG&E alternative. As planned, the value provided by the CEA Program will include a local
community focus, investment and control.
Rate Setting, Program Terms and Conditions 30 December 2019
Clean Energy Alliance Implementation Plan
As previously discussed, the CEA Program will increase renewable energy supply to program customers
by offering two distinct energy products. The default product for CEA Program customers will increase
renewable energy supply to a minimum 50%, while maintaining generation rates that are targeted to
provide a minimum two percent discount from comparable SDG&E rates. The initial renewable energy
content provided under CEA's default product will exceed California's prevailing renewable energy
procurement mandate during the initial years of operation, increasing to 60% by 2030. CEA will also offer
its customers a voluntary 100% renewable energy tariff at rates that reflect CEA's cost for procuring
related energy supplies.
Participating qualified low-or fixed-income households, such as those currently enrolled in the California
Alternate Rates for Energy ("CARE") program, will be automatically enrolled in the default energy product
and will continue to receive related discounts on monthly electricity bills through SDG&E.
8.4 RATE STABILllY
CEA will offer stable rates by hedging its supply costs over multiple time horizons and by including
renewable energy supplies that exhibit stable costs. Rate stability considerations may prevent CEA
Program rates from directly tracking similar rates offered by the distribution utility, SDG&E, and may result
in differences from the general rate-related targets initially established for the CEA Program. The Alliance
plans to offer the most competitive rates possible after all Program operating costs are recovered and
reserve targets are achieved.
8.5 EQUllY AMONG CUSTOMER CLASSES
Initial rates of the CEA Program will be set based on cost-of-service considerations with reference to the
rates customers would otherwise pay to SDG&E. Rate differences among customer classes will reflect the
rates charged by the local distribution utility as well as differences in the costs of providing service to each
class. Rate benefits may also vary among customers within the major customer class categories,
depending upon the specific rate designs adopted by the Alliance.
8.6 CUSTOMER UNDERSTANDING
The goal of customer understanding involves rate designs that are relatively straightforward so that
customers can readily understand how their bills are calculated. This not only minimizes customer
confusion and dissatisfaction but will also result in fewer billing inquiries to the CEA Program's customer
service call center. Customer understanding also requires rate structures to reflect rational rate design
principles (i.e., there should not be differences in rates that are not justified by costs or by other policies
such as providing incentives for conservation).
8. 7 REVENUE SUFFICIENCY
CEA Program rates must collect sufficient revenue from participating customers to fully fund the annual
CEA operating budget. Rates will be set to collect the adopted budget based on a forecast of electric sales
for the budget year. Rates will be adjusted as necessary to maintain the ability to fully recover all costs of
the CEA Program, subject to the disclosure and due process policies described later in this chapter. To
ensure rate stability, funds available in CEA's rate stabilization reserve may be used from time to time to
augment operating revenues.
Rate Setting, Program Terms and Conditions 31 December 2019
Clean Energy Alliance Implementation Plan
8.8 RATE DESIGN
CEA will generally match the rate structures from SDG&E's standard rates to avoid the possibility that
customers would see significantly different bill impacts as a result of changes in rate structures that would
take effect following enrollment in the CEA Program.
8.9 NET ENERGY METERING
As planned, customers with on-site generation eligible for net metering from SDG&E will be offered a net
energy metering rate from CEA. Net energy metering allows for customers with certain qualified solar or
wind distributed generation to be billed on the basis of their net energy consumption. CEA's net energy
metering tariff will apply to the generation component of the bill, and the SDG&E net energy metering
tariff will apply to the utility's portion of the bill. CEA plans to pay customers for excess power produced
from net energy metered generation systems in accordance with the rate designs adopted by the JPA.
The goal is to offer a higher payout for surplus generation than SDG&E. In order to minimize the impact
of mid-relevant period true-ups, NEM customers may be enrolled over multiple phases.
8.10 DISCLOSURE AND DUE PROCESS IN SITTING RATES AND ALLOCATING COSTS AMONG
PARTICIPANTS
Initial program rates will be adopted by the CEA Board following the establishment of the first year's
operating budget prior to initiating the customer notification process. Subsequently, CEA will prepare an
annual budget and corresponding customer rates. Following the commencement of service, any
proposed rate adjustment will be made to the Board and affected customers will be given the opportunity
to provide comment on the proposed rate changes.
After proposing a rate adjustment, CEA will furnish affected customers with a notice of its intent to adjust
rates, either by mailing such notices postage prepaid to affected customers, by including such notices as
an insert to the regular bill for charges transmitted to affected customers, by including a related message
directly on the customer's monthly electricity bill (on the page addressing CEA charges) or by following
CEA's public hearing noticing procedures adopted by the Board. The notice will provide a summary of the
proposed rate adjustment and will include a link to the CEA Program website where information will be
posted regarding the amount of the proposed adjustment, a brief statement of the reasons for the
adjustment, and the mailing address of the CEA Progra m to which any customer inquiries relative to the
proposed adjustment, including a request by the customer to receive notice of the date, time, and place
of any hearing on the proposed adjustment, may be directed.
Rate Setting, Program Terms and Conditions 32 December 2019
Clean Energy Alliance Implementation Plan
9 CUSTOMER RIGHTS AND RESPONSIBILITIES
This Chapter discusses customer rights, including the right to opt-out of the CEA Program and the right to
privacy of customer usage information, as well as obligations customers undertake upon agreement to
enroll in the CCA Program. All customers that do not opt out w ithin 30 days of the fourth enrollment
notice will have agreed to become full status program participants and must adhere to the obligations set
forth below, as may be modified and expanded by the Board from time to time.
By adopting this Implementation Plan, the Alliance will have approved the customer rights and
responsibilities policies contained herein to be effective at Program initiation. The Alliance retains
authority to modify program policies from time to time at its discretion.
9.1 CUSTOMER NOTICES
At the initiation of the customer enrollment process, four notices will be provided to customers describing
the Program, informing them of their opt-out rights to remain with utility bundled generation service, and
containing a simple mechanism for exercising their opt-out rights. The first notice will be mailed to
customers approximately sixty days prior to the date of automatic enrollment. A second notice will be
sent approximately thirty days later. The Alliance will likely use its own mailing service for requisite
enrollment notices rather than including the notices in SDG&E's monthly bills. This is intended to increase
the likelihood that customers will read the enrollment notices, which may otherwise be ignored if included
as a bill insert. Customers may opt out by notifying CEA using the CEA Program's designated telephone-
based or Internet opt-out processing service. Should customers choose to initiate an opt-out request by
contacting SDG&E, they would be transferred to the CEA Program's call center to complete the opt-out
request. Consistent with CPUC regulations, notices returned as undelivered mail would be treated as a
failure to opt out, and the customer would be automatically enrolled.
Following automatic enrollment, at lea st two notices will be mailed to customers within the first two
billing cycles (approximately sixty days) after CEA service commences. Opt-out requests made on or
before the sixtieth day following start of CEA Program service will result in customer transfer to bundled
utility service with no penalty. Such customers will be obligated to pay charges associated with the electric
services provided by CEA during the time the customer took service from the CEA Program, but will
otherwise not be subject to any penalty or transfer fee from CEA.
Customers who establish new electric service accounts within the Program's service area will be
automatically enrolled in the CEA Program and will have sixty days from the start of service to opt out if
they so desire. Such customers will be provided with two enrollment notices within this sixty-day post-
enrollment period. Such customers will also receive a notice detailing CEA's privacy policy regarding
customer usage information. CEA will have the authority to implement entry fees for customers that
initially opt out of the Program, but later decide to participate. Entry fees, if deemed necessary, would
aid in resource planning by providing additional control over the CEA Program's customer base.
Customer Rights and Responsibilities 33 December 2019
Clean Energy Alliance Implementation Plan
9.2 TERMINATION FEE
Customers that are automatically enrolled in the CEA Program can elect to transfer back to the incumbent
utility without penalty within the first two months of service. After this free opt-out period, customers
will be allowed to terminate their participation but may be subject to payment of a Termination Fee,
which CEA reserves the right to impose, if deemed necessary. Customers that relocate within CEA's
service territory would have CEA service continued at their new address. If a customer relocating to an
address within CEA's service territory elected to cancel CCA service, the Termination Fee could be applied.
Program customers that move out of CEA's service territory would not be subject to the Termination Fee.
If deemed applicable by CEA, SDG&E would collect the Termination Fee from returning customers as part
of CEA's final bill to the customer.
If adopted, the Termination Fee would be clearly disclosed in the four enrollment notices sent to
customers during the sixty-day period before automatic enrollment and following commencement of
service. The fee could also be adopted or changed by the CEA Board subject to applicable customer
noticing requirements. Other CCAs have adopted small or zero-dollar termination fees, and CEA would
likely do the same initially.
Customers electing to terminate service after the initial notification period would be transferred to SDG&E
on their next regularly scheduled meter read date if the termination notice is received a minimum of
fifteen days prior to that date. Such customers would also be liable for the reentry fees imposed by SDG&E
and would be subject to SDG&E's current terms and conditions, including being required to remain on
bundled utility service for a period of one year, as described in the utility CCA tariffs.
9.3 CUSTOMER CONFIDENTIALITY
CEA will establish policies covering confidentiality of customer data that are fully compliant with the
required privacy protection rules for CCA customer energy usage information, as detailed within Decision
12-08-045. CEA will maintain the confidentiality of individual customers' names, service addresses, billing
addresses, telephone numbers, account numbers, and electricity consumption, except where reasonably
necessary to conduct business of the CEA Program or to provide services to customers, including but not
limited to where such disclosure is necessary to (a) comply with the law or regulations; (b) enable CEA to
provide service to its customers; (c) collect unpaid bills; (d) obtain and provide credit reporting
information; or (e) resolve customer disputes or inquiries. CEA will not disclose customer information for
telemarketing, e-mail, or direct mail solicitation. Aggregate data may be released at CEA's discretion.
9.4 RESPONSIBILITY FOR PAYMENT
Customers will be obligated to pay CEA Program charges for service provided through the date of transfer
including any applicable Termination Fees. Pursuant to current CPUC regulations, CEA will not be able to
direct that electricity service be shut off for failure to pay CEA bills. However, SDG&E has the right to shut
off electricity to customers for failure to pay electricity bills, and SDG&E Electric Rule 23 mandates that
partial payments are to be allocated pro rata between SDG&E and the CCA. In most circumstances,
customers would be returned to utility service for failure to pay bills in full and customer deposits (if any)
would be withheld in the case of unpaid bills. SDG&E would attempt to collect any outstanding balance
from customers in accordance with Rule 23 and the related CCA Service Agreement. The proposed
process is for two late payment notices to be provided to the customer within 30 days of the original bill
Customer Rights and Responsibilities 34 December 2019
Clean Energy Alliance Implementation Plan
due date. If payment is not received within 45 days from the original due date, service would be
transferred to the utility on the next regular meter read date, unless alternative payment arrangements
have been made. Consistent with the CCA tariffs, Rule 23, service cannot be discontinued to a residential
customer for a disputed amount if that customer has filed a complaint with the CPUC, and that customer
has paid the disputed amount into an escrow account.
9.5 CUSTOMER DEPOSITS
Under certain circumstances, CEA customers may be required to post a deposit equal to the estimated
cha rges for two months of CCA service prior to obtaining service from the CEA Program. A deposit would
be required for an applicant who previously· had been a customer of SDG&E or CEA and whose electric
service has been discontinued by SDG&E or CEA during the last twelve months of that prior service
arrangement as a result of bill nonpayment. Such customers may be required to reestablish credit by
depositing the prescribed amount. Additionally, a customer who fails to pay bills before they become
past due as defined in SDG&E Electric Rule 11 (Discontinuance and Restoration of Service), and who
further fails to pay such bills within five days after presentation of a discontinuance of service notice for
nonpayment of bills, may be required to pay said bills and reestablish credit by depositing the prescribed
amount. This rule will apply regardless of whether or not service has been discontinued for such
nonpayment6• Failure to post deposit as required would cause the account service transfer request to be
rejected, and the account would remain with SDG&E.
6 A customer whose service is discontinued by Clean Energy Alliance is returned to SDG&E generation service.
Customer Rights and Responsibilities 35 December 2019
Clean Energy Alliance Implementation Plan
10 PROCUREMENT PROCESS
10.1 INTRODUCTION
This Chapter describes CEA's initial procurement policies and the key third party service agreements by
which the Alliance will obtain operational services for the CEA Program. By adopting this Implementation
Plan, the Alliance will have approved the general procurement policies contained herein to be effective
at Program initiation. CEA retains authority to modify Program policies from time to time at its discretion.
10.2 PROCUREMENT METHODS
CEA will enter into agreements for a variety of services needed to support program development,
operation and management. It is anticipated that CEA will generally utilize competitive procurement
methods for services but may also utilize direct procurement or sole source procurement, depending on
the nature of the services to be procured. Direct procurement is the purchase of goods or services without
competition when multiple sources of supply are available. Sole source procurement is generally to be
performed only in the case of emergency or when a competitive process would be an idle act.
CEA will utilize a competitive solicitation process to enter into agreements with entities providing
electrical services for the program. Agreements with entities that provide professional legal or consulting
services, and agreements pertaining to unique or time sensitive opportunities, may be entered into on a
direct procurement or so le sou rce basis at CEA's discretion. Authority for terminating agreements will
generally mirror the authority for entering into such agreements.
10.3 KEY CONTRACTS
10.3.1 Electric Supply
CEA will procure initial energy supply, as well as Scheduling Coordinator Services, through competitive
solicitation in the over-the-counter electricity markets. Suppliers will be selected to hedge CEA's financial
risk, meet its capacity obligations and achieve its environmental objectives. CEA will administer Request
for Proposal processes for energy supply. Procurement will commence once this implementation plan has
been approved and the CEA Board has made the final determination to proceed to going live with the
CCA.
Procurement will be an ongoing process in order to achieve desired levels of risk mitigation by dollar-cost-
averaging supply costs. In addition, particular strategies will be employed to mitigate the risk of changes
to the PCIA impacting CEA's rate competitiveness. Specifically, this entails procuring a certain amount of
supply annually during the month of October when the PCIA market price benchmark is set for the coming
yea r.
CEA's wholesale services provider will also serve as the Scheduling Coordinator for scheduling loads,
resources and Inter-SC trades into the CAISO market. In addition, the provider will be responsible for
ensuring CEA's compliance with all applicable RA and regulatory requirements imposed by the CPUC or
FERC.
Procurement Process 36 December 2019
Clean Energy Alliance Implementation Plan
10.3.2 Data Management Contract
A data manager will provide the retail customer services of billing and other customer account services
(electronic data interchange or EDI with SDG&E, billing, remittance processing, and account
management). The data management contract will be awarded to an experienced data management
services provider.
The data manager is responsible for the following services:
► Data exchange with SDG&E;
► Technical testing;
► Customer information system;
► Customer call center;
► Billing administration/retail settlements;
► Settlement quality meter data reporting; and
► Reporting and audits of utility billing.
Utilizing a third party for account services eliminates a significant expense associated with implementing
a customer information system. Such systems can impose significant information technology costs and
take significant time to deploy. Separation of the data management contract from the energy supply
contract provides the JPA with greater flexibility to change energy suppliers, if desired, without facing an
expensive data migration issue.
11 CONTINGENCY PLAN FOR PROGRAM TERMINATION
11.1 INTRODUCTION
This Chapter describes the process to be followed in the case of CEA Program termination. By adopting
the original Implementation Plan, the Alliance will have approved the general termination process
contained herein to be effective at Program initiation. In the unexpected event that the JPA would
terminate the CEA Program and return its customers to SDG&E service, the proposed process is designed
to minimize the impacts on its customers and on SDG&E. The proposed termination plan follows the
requirements set forth in SDG&E's tariff Rule 27 governing service to CCAs. The JPA retains authority to
modify program policies from time to time at its discretion.
11.2 TERMINATION BY CLEAN ENERGY ALLIANCE
CEA will offer services for the long term with no planned Program termination date. In the unanticipated
event that the JPA decides to terminate the Program, the Board would vote on Program t ermination.
After any applicable restrictions on such termination have been satisfied, notice would be provided to
customers six months in advance that they will be transferred back to SDG&E. A second notice would be
provided during the final sixty-days in advance of the transfer. The notice would describe the applicable
Contingency Plan for Program Termination 37 December 2019
Clean Energy Alliance Implementation Plan
distribution utility bundled service requirements for returning customers then in effect, such as any
transitional or bundled portfolio service rules.
At least one-year advance notice would be provided to SDG&E and the CPUC before transferring
customers, and CEA would coordinate the customer transfer process to minimize impacts on customers
and ensure no disruption in service. Once the customer notice period is complete, customers would be
transferred en masse on the date of their regularly scheduled meter read date.
CEA will post a bond or maintain funds held in reserve to pay for potential transaction fees charged to the
Program for switching customers back to distribution utility service. Reserves would be maintained
against the fees imposed for processing customer transfers (CCA Service Requests). The Public Utilities
Code requires demonstration of insurance or posting of a bond sufficient to cover reentry fees imposed
on customers that are involuntarily returned to distribution utility service under certain circumstances.
The cost of reentry fees is the responsibility of the energy services provider or the community choice
aggregator, except in the case of a customer returned for default or because its contract has expired. CEA
will post financial security in the appropriate amount as part of its registration materials and will maintain
the financial security in the required amount, as necessary.
Contingency Plan for Program Termination 38 December 2019
Clean Energy Alliance Implementation Plan
12 APPENDIX A: CLEAN ENERGY ALLIANCE RESOLUTION No. 2019-003
(ADOPTING IMPLEMENTATION PLAN)
Appendix A: Clean Energy Alliance Resolution No. 2019-003 (Adopting Implementation Plan) 39
December 2019
Clean Energy Alliance
JOINT POWERS AUTHO.RITY
RESOLUTION NO. 2019-003
A RESOLUTION OF THE CLEAN ENERGY ALLIANCE APPROVING THE
COMMUNITY CHOICE AGGREGATION IMPLEMENTATION PLAN AND
STATEMENT OF INTENT
WHEREAS, the Clean Energy Alliance (Alliance) is a joint powers agency created by the
cities of Carlsbad, Del Mar an_d Solana Beach; and
WHEREAS, the members of the Alliance desire to establish a community choice
aggregation (CCA) program in support of meeting their respective Climate Action Plan goals;
and
WHEREAS, Public Utilities Code Section 366.2(c)(3) requires a prospective CCA to file an
implementation plan and statement of intent ("Plan") with the California Public Utilities
Commission (CPUCJ for reYiew and certification; and
WHEREAS, an Implementation Plan and Statement of Intent was drafted and presented
to the CEA Board of Directors for review on November 19, 2019; and
WHEREAS, the final Implementation Plan and Statement of Intent was presented to the
CEA Board of Directors at a duly noticed public hearing for its consideration and adoptioi:1 on
December 19, 2019.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors. of the Clean Energy
Alliance, as follows:
Section 1. The Board of Directors of the Clean Energy Alliance hereby approves the
Clean Energy Alliance Community Choice Aggregation Implementation Plan and Statement of
Intent.
Section 2. CEA staff is directed to file the Implementation Plan and Statement of Intent
with the California Public Utilities Commission no later than December 31, 2019.
The foregoing Resolution was passed and adopted this 19th day of December, 2019, by
the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
Schumacher, Haviland, Becker.
None.
None.
None.
APPROV~D:
I "{
~
Cori Schumacher, Chair
-
ORDINANCE NO. CS-362
AN ORDINANCE OF THE CllY COUNCIL OF THE CllY OF
CARLSBAD AUTHORIZING THE IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM
WHEREAS, California Public Utilities Code (the "Act") Section 366.2 authorizes cities and
counties to individually or jointly provide retail electric service to an aggregation of customers
within their jurisdictions, which is referred to as community choice aggregation (CCA); and
WHEREAS, since 2017 the City has been actively investigating the feasibility of
commencing CCA service for electric customers within the City, with the objective of addressing
climate change by reducing energy-related greenhouse gas emissions, promoting electrical rate
price stability and cost savings and fostering consumer choice and local economic benefits such
as job creation, local energy programs and local renewable energy development; and
WHEREAS, the City completed a CCA feasibility study which determined that a CCA
program could result in local be.nefits including the use of renewable energy at levels above the
State Renewables Portfolio Standard, the provision of competitive rates to consumers, and
economic opportunity for the City; and
WHEREAS, pursuant to Section 366.2 of the Act, if each entity adopts the ordinance
required by Public Utilities Section 366.2(c)(12), two or more public entities authorized to be a
community choice aggregator under Section 331.1 of the Act may participate jointly in a CCA
program through a Joint Powers Authority established pursuant to Government Code Section
6500 et seq.; and
WHEREAS, the City wishes to implement a CCA program at this time through a Joint
Powers Authority together with other Founding Members, which will be called the Clean Energy
Alliance; and
WHEREAS, under section 366.2 of the Act, customers have the right to opt out of the
CCA program and continue to receive bundled electric service from the incumbent utility; and
WHEREAS, 366.2(c)(12) of the Act provides that an entity which elects to implement a
CCA program within its jurisdiction must do so by ordinance; and
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, as it is not a "project"
and has no potential to result in a direct or reasonably foreseeable indirect physical change to
the environment. (14 Cal. Code Regs.§ 15378(a).) Further, the ordinance is exempt from CEQA
as there is no possibility that the ordinance or its implementation would have a significant
negative effect on the environment. (14 Cal. Code Regs.§ 15061(b)(3).) The ordinance is also
categorically exempt because it is an action taken by a regulatory agency to assure the
maintenance, restoration, enhancement or protection of the environment. (14 Cal. Code Regs.
Oct. 15, 2019 Item #9 Page 3 of 4
§ 15308.) To the extent necessary, the Director of Community and Economic Development shall
cause a Notice of Exemption to be filed as authorized by CEOA and the State CEOA Guidelines.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1. · The above recitations are true and correct.
2. In order to provide businesses and residents within the jurisdictional boundaries of
the City with a choice of electric service providers and with the benefits described in the recitals
above, the City Council hereby elects pursuant to Section 366.2(c)(12) of the Act to implement a
CCA program within the jurisdiction of the City of Carlsbad by participating in the CCA program
of the Clean Energy Alliance, under the terms and conditions provided in its Joint Powers
Agreement, on file with the City Clerk.
EFFECTIVE DATE: This ordinance shall take effect and be in force on the thirtieth day
from and after its final passage.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the
8th day of October 2019, and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Carlsbad on the 15th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
~ ~-/Uc.,/{✓zhn--
CELIA A. BREWER, City Attorney
Oct. 15, 2019
~' H,,to, ~mt?1 P~Pv:) {"° BARBARA ENGLESON, City Clerk Crlj
C)((v
(SEAL)
Item #9 Page 4 of 4
RESOLUTION NO. 2019-197
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD
APPROVING AND AUTHORIZING THE EXECUTION OF THE JOINT
EXERCISE OF POWERS AGREEMENT CREATING THE CLEAN ENERGY
ALLIANCE, A COMMUNITY CHOICE AGGREGATION JOINT POWERS
AUTHORITY
WHEREAS, Section 6500 et seq. of the Government Code authorizes the joint exercise by
two or more public agencies of any power common to them as a Joint Powers Authority ("JPA");
and
WHEREAS, Public Utilities Code Section 366.2(c)(12) specifically authorizes two or more
cities, counties or a combination of two or more cities and counties to conduct a community
choice aggregation (CCA) program through the creation of a JPA; and
WHEREAS, the creation of a CCA JPA would allow its members to share resources and
jointly 1rovide and achieve the environmental and economic benefits of a CCA program on a
regio~<\!, basis; and
WHEREAS, the City of Carlsbad desires to enter into a Joint Exercise of Powers
Agreement to establish the Clean Energy Alliance, a CCA JPA along with the Cities of Del Mar,
Santee, Solana Beach and the County of San Diego, and any additional members approved by
the JPA Board in the future.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as
follows:
1. The Joint Exercise of Powers Agreement Creating the Clean Energy Alliance, a
Community Choice Aggregation Joint Powers Authority (Clean Energy Alliance)
("Agreement") is hereby approved, and the City Manager is authorized to execute the
Agreement in substantially the form attached hereto as Attachment A, together with
minor technical or clerical corrections, if any.
2. Staff is authorized and directed to take such further actions as may be necessary and
appropriate to implement the intent and purposes of this Resolution.
3. This Resolution and the creation of the Clean Energy Alliance is exempt from the
requirements of the California Environmental Quality Act (CEQA), as it involves
organizational and administrative activities of government that will not result in direct
or indirect physical changes on the environment, and therefore is not considered a
"project." (14 Cal. Code Regs.§ 15378(b)(S).)
Oct . 8, 2019 Item #5 Page 8 of 38
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 8th day of October 2019, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher, Hamilton.
NAYS: None.
ABSENT: None.
(SEAL)
Oct. 8, 2019 Item #5 Page 9 of 38
Attachment A
Clean Energy Alliance ,Joint Powers Agreement
Effective / o/, c / 19
Oct. 8, 2019 Item #5 Page 10 of 38
CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement'"), effective as of / o/t o / I 9 , is made by the
Founding Members of the Clean Energy Alliance and entered into pursuant to the provisions of
Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government
Code relating to the joint exercise of powers among the public agencies set forth in Exhibit B.
RECITALS
1. The Parties are public agencies sharing various powers under California law, including
but not limited to the power to purchase, supply, and aggregate electricity for themselves
and their customers.
2. SB 350, adopted in 2015. mandates a reduction in greenhouse gas emissions to 40 percent
below 1990 levels by 2030 and to 80 percent below 1990 levels by 2050. In 2018, the
State Legislature adopted SB I 00. which directs the Renewable Portfolio Standard to be
increased to 60% renewable by 2030 and establishes a policy for eligible renewable
energy resources and zero-carbon resources to supply 100 percent of electricity retail
sales to California end-use customers by 2045.
3. The purposes for the Founding Members (as such term is defined in Exhibit A) entering
into this Agreement include procuring/developing electrical energy for customers in
participati ng jurisdictions, addressing climate change by reducing energy-related
greenhouse gas emissions. promoting electrical rate price stability and cost savings, and
fostering consumer choice and local economic benefits such as job creation, local energy
programs and local power development. It is the intent ofthjs Agreement to promote the
development and use of a wide range of renewable energy sources and energy efficiency
progran1s. including but not limited to state, regional, and local solar and wind energy
production and energy storage.
4. The Parties to this Agreement desire to establish a separate public agency. known as the
Clean Energy Alliance ("Authority"), under the provisions of the Joint Exercise of
Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in
order to collectively study, promote, develop. conduct, operate, and manage energy
programs.
5. The Founding Members have each adopted an ordinance electing to implement through
the Authority a Community Choice Aggregation program pursuant to California Public
Utilities Code Section 366.2 ("CCA Program"). The first priority of the Authorily will be
the consideration of those actions necessary to implement the CCA Program on behalf of
participating jurisdictions.
6. By establishing the Authority, the Parties seek to:
(a) Provide electricity service to residents and businesses located within the
jurisdictional boundaries of the public agencies that are members of the Authority in
a responsible, reliable, innovative, and efficient manner;
-2 -
Oct. 8, 2019 Item #5 Page 11 of 38
(b) Provide electric generation rates to all ratepayers that are competitive with those
offered by the Investor Owned Utility, San Diego Gas & Electric (SDG&E), for
similar products with a target generation rate at least 2 percent below SDG&E's base
product generation rate;
(c) Offer a mix of energy products for standard commodity electric service that provide
a cleaner power portfolio than that offered by SDG&E for similar service and other
options, including a 90 percent and a 100 percent renewable content options in
which communities and customers may "opt-up" and voluntarily participate, with the
ultimate objective of achieving-and sustaining-the Climate Action Plan goals of
the Parties, at competitive rates~
(d) Develop an aggregate electric supply portfolio with overall lower greenhouse gas
(GHG) emissions than SDG&E, and one that supports near-term achievement of the
Parties' greenhouse gas reduction goals and renewable electricity goals;
(e) Promote an energy portfolio that incorporates energy efficiency and demand
response programs and pursues ambitious energy consumption reduction goals;
(f) Pursue the procurement of local generation of renewable power developed by or
within member jurisdictions with an emphasis on local jobs, where appropriate,
without limiting fair and open competition for projects or programs implemented by
the Authority;
(g) Provide a range of energy product and program options, available to all Parties and
customers, that best serve their needs, their local communities, and support regional
sustainability efforts;
(h) Support low-income households having access to special utility rates including
California Alternative Rates for Energy (CARE) and Family Electric Rate
Assistance (FERA) programs;
(i) Use discretionary program revenues to support the Authority's long-term financial
viability, enhance customer rate stability, and provide all Parties and their customers
with access to innovative energy programs, projects and services throughout the
jurisdiction of the Authority; and
G) Create an administering Authority that seeks to maximize economic benefits and is
financially sustainable, well-managed and responsive to regional and local priorities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
-3 -
Oct. 8, 2019 Item #5 Page 12 of 38
1. DEFINITIONS AND EXHIBITS
1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings
specified in Exhibit A, unless the context requires otherwise.
l .2 Documents Included. This Agreement consists of this document and the
following exhibits, all of which are hereby incorporated into this Agreement:
Exhibit A: Definitions
Exhibit B: List of Founding Members
2. FORMATION OF THE COMMUNITY CHOICE ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective and the
Authority shall exist as a separate public agency on the date this Agreement is
executed by at least three Founding Members after the adoption of the ordinances
required by Public Utilities Code Section 366.2(c)(l2). The Authority shall
provide notice to the Parties of the Effective Date. The Authority shall continue
to exist, and this Agreement shall be effective, until the Agreement is terminated
in accordance with Section 8.4 (Mutual Termination), subject to the rights of the
Parties to withdraw from the Authority under Section 8.1.
2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate
joint exercise of power agency named the Clean Energy Alliance. Pursuant to
Sections 6506 and 6507 of the Act, the Authority is a public agency separate from
the Parties. The jurisdiction of the Authority shall be all territory within the
geographic boundaries of the Parties; however, the Authority may, as authorized
under applicable law, undertake any action outside such geographic boundaries as
is necessary to the accomplishment of its purpose.
2.3 Purpose. The purpose of this Agreement is to establish the Authority, to provide
for its governance and administration, and to define the rights and obligations of
the Parties. This Agreement authorizes the Authority to provide opportunities by
which the Parties can work cooperatively to create economies of scale and
implement sustainable energy initiatives that reduce energy demand, increase
energy efficiency, and advance the use of clean, efficient, and renewable
resources in the region for the benefit of all the Parties and their constituents,
including, but not limited to, establishing and operating a CCA Program.
2.4 Addition of Parties. After the initial formation of the Authority and prior to
October l , 2020, any incorporated municipality, county, or other public agency
authorized to be a community choice aggregator under Public Utilities Code
Section 331 . I and located within the service territory of SDG&E may become a
member of the Authority if it has completed a positive CCE Feasibility Study,
adopted a CCA ordinance pursuant to Public Utilities Code Section 366.2(c)(l 2),
approved and executed this Agreement, and paid or agrees to pay its share of the
Initial Costs pursuant to Section 7.3.2 of this Agreement. Notwithstanding the
foregoing, such public agency may be denied membership in the Authority if the
-4 -
Oct. 8, 2019 Item #5 Page 13 of 38
Board determines within 60 days after the submittal of the CCE Feasibility Study
that the addition of the public agency would create an undue risk or financial
burden to the Authority or to the achievement of the CAP goals of the Parties.
On or after October 1, 2020, any incorporated municipality, county, or other
public agency authorized to be a community choice aggregator under Public
Utilities Code Section 331 .1 and located within the service territory of SDG&E
may apply to and become a member of the Authority if all the following
conditions are met:
2.4.1 Adoption of a resolution by a two-thirds vote of the entire Board
authorizing membership in the Authority;
2.4.2 Adoption by the proposed member of a CCA ordinance as required by
Public Utilities Code Section 366.2(c)(12) and approval and execution of
this Agreement and other necessary program agreements by the proposed
member;
2.4.3 Payment of a membership fee, if any, as may be required by the Board to
cover Authority costs incurred in connection with adding the new party;
and
2.4.4 Satisfaction of any other conditions established by the Board.
2.5 Continuing Participation. The Parties acknowledge that membership in the
Authority may change by the addition, withdrawal and/or termination of Parties.
The Parties agree to participate with such other Parties as may later be added by
the Board, as described in Section 2.4 (Addition of Parties) of this Agreement.
The Parties also agree that the withdrawal or termination of a Party shall not
affect this Agreement or the remaining Parties' continuing obligations under this
Agreement.
3. POWERS
3.1 General Powers. The Authority shall have the powers common to the Parties
which are necessary or appropriate to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on
Powers) of this Agreement.
3.2 Specific Powers. Specific powers of the Authority shall include, but not be
limited to, each of the following powers, which may be exercised at the discretion
of the Board:
Oct. 8, 2019
3.2.1 make and enter into contracts;
3.2.2 employ agents and employees, including but not limited to a Chief
Executive Officer;
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Item #5 Page 14 of 38
Oct. 8, 2019
3.2.3 acquire, own, contract, manage, maintain, and operate any buildings,
public works, improvements or other assets including but not limited to
public electric generation resources;
3.2.4 acquire property for the public purposes of the Authority by eminent
domain, or otherwise, except as limited under Section 6508 of the Act and
Sections 3.6 and 4.12.3 of this Agreement, and to hold or dispose of any
property; provided, however, the Authority shall not exercise the power of
eminent domain within the jurisdiction of a Party without its affirmative
vote under Section 4.12.2;
3.2.5 lease any property;
3.2.6 sue and be sued in its own name;
3.2.7 incur debts, liabilities, and obligations, including but not limited to loans
from private lending sources pursuant to its temporary borrowing powers
authorized by law pursuant to Government Code Section 53850 et seq. and
authority under the Act;
3.2.8 issue revenue bonds and other forms of indebtedness;
3.2.9 apply for, accept, and receive all licenses, permits, grants, loans or other
aids from any federal, state or local public agency;
3.2.10 form independent corporations or entities, if necessary, to carry out energy
supply and energy conservation programs;
3.2.11 submit documentation and notices, register, and comply with applicable
orders, tariffs and agreements for the establishment and implementation of
the CCA Program and other energy programs;
3.2.12 adopt rules, regulations, policies, bylaws and procedures governing the
operation of the Authority;
3.2.13 make and enter into service agreements relating to the provision of
services necessary to plan, implement, operate and administer the CCA
Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
3.2.14 receive revenues from sale of electricity and other energy-related
programs; and
3.2.15 Partner or otherwise work cooperatively with other CCA 's on the
acquisition of electric resources, joint programs, advocacy and other
efforts in the interests of the Authority.
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Item #5 Page 15 of 38
3.3 Additional Powers to be Exercised. In addition to those powers common to
each of the Parties, the Authority shall have those powers that may be conferred
upon it by law and by subsequently enacted legislation.
3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of
the Authority are subject to the restrictions upon the manner of exercising power
possessed by the City of Solana Beach and any other restrictions on exercising the
powers of the Authority that may be adopted by the Board.
3 .5 Obligations of the Authority. The debts, liabilities, and obligations of the
Authority shall not be the debts, liabilities, and obligations of any of the Parties
unless a Party agrees in writing to assume any of the debts, liabilities, and
obligations of the Authority with the approval of its Governing Body, in its sole
discretion. A Party that has not agreed in writing, as duly authorized by its
Governing Body, to assume an Authority debt, liability, or obligation shall not be
responsible in any way for such debt, liability, or obligation, regardless of any
action by the Board. Further, the debts, liabilities and obligations of the City of
Solana Beach related to or arising from its existing CCA program, commonly
known as the Solana Energy Alliance, shall not be the debts, liabilities or
obligations of the Authority or any of the Parties except the City of Solana Beach
unless the Board approves assuming specific contracts entered into by the City of
Solana Beach. Any such contracts assumed by the Authority shall be obligations
of the Authority only and not of any of the Parties. Notwithstanding Sections
4.12.1 and 9.8 of this Agreement, this Section 3.5 shall not be amended or its
liability limitations otherwise modified by an amendment to another part of this
Agreement unless such amendment is approved by the Governing Body of each
Party.
3.6 Compliance with Local Zoning and Building Laws. Notwithstanding any other
provisions of this Agreement or state law, any facilities, buildings, structures or
other projects (the "project") developed, constructed or installed or caused to be
developed, constructed or installed by the Authority within the territory of the
Authority (which consists of the territorial jurisdiction of the Parties) shall comply
with the General Plan, zoning, land use regulations, building laws and any
applicable local Coastal Plan of the local jurisdiction within which the project is
located.
3.7 Compliance with the Political Reform Act and Government Code
Oct. 8, 2019
Section 1090. The Authority and its officers and employees shall comply with
the Political Reform Act (Government Code Section 81000 et seq.) and
Government Code Section 1090 et seq. The Board shall adopt a Conflict of
Interest Code pursuant to Government Code Section 87300. The Board may
adopt additional conflict of interest regulations in the Operating Policies and
Procedures.
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Item #5 Page 16 of 38
4. GOVERNANCE
4.1 Board of Directors.
4.1.1 The Governing Body of the· Authority shall be a Board of Directors
("Board") consisting of one Director for each Party appointed in
accordance with Section 4.2 (Appointment and Removal of Directors) of
this Agreement.
4.1.2 Each Director must be a member of the Governing Body of the appointing
Party. Each Director shall serve at the pleasure of the Governing Body of
the Party that appointed such Director and may be removed as Director by
such Governing Body at any time. If at any time a vacancy occurs on the
Board, then a replacement shall be appointed to fill the position of the
previous Director within 45 days after the date that position becomes
vacant.
4.1.3 The Governing Body of each Party also shall appoint an alternate to serve
in the absence of the primary Director. The alternate also shall be a
member of the Governing Body of the appointing Party. The alternate
shall have all the rights and responsibilities of the primary Director when
serving in his/her absence.
4.1.4 Any change to the size and composition of the Board other than what is
described in this section shall require an amendment of this Agreement in
accordance with Section 4.12.
4.2 Appointment and Removal of Directors. The Directors shall be appointed and
may be removed as follows:
Oct. 8, 2019
4.2.1 The Governing Body of each Party shall appoint and designate in writing
one regular Director, who shall be authorized to act for and on behalf of
the Party on matters within the powers of the Authority. The Governing
Body of each Party shall appoint and designate in writing one alternate
Director who may vote on matters when the regular Director is absent
from a Board meeting. The alternate Director may vote on matters in
committee, chair committees, and fully participate in discussion and
debate during meetings. All Directors and alternates shall be subject to the
Board's adopted Conflict of Interest Code.
4.2.2 A Director may be removed by the Board for cause in accordance
with procedures adopted by the Board. Cause shall be defined for the
purposes of this section as follows:
a. Unexcused absences from three consecutive Board meetings.
b. Unauthorized disclosure of confidential information or documents
from a closed session or the unauthorized disclosure of information
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Item #5 Page 17 of 38
or documents provided to the Director on a confidential basis and
whose public disclosure may be harmful to the interests of the
Authority.
c. Violation of any ethics policies or code of conduct adopted by the
Board.
Notwithstanding the foregoing, no Party shall be deprived of its right to seat a
Director on the Board and any such Party for which its Director and/or alternate
Director has been removed may appoint a replacement.
4.3 Director Compensation. The Board may adopt by resolution a policy relating to
the compensation or expense reimbursement of its Directors.
4.4 Terms of Office. Each Party shall determine the term of office for its regular and
alternate Director.
4.5 Purpose of Board. The general purpose of the Board is to:
4.5.1 Provide structure for administrative and fiscal oversight;
4.5.2 Retain a Chief Executive Officer to oversee day-to-day operations of the
Authority;
4.5.3 Retain legal counsel;
4.5.4 Identify and pursue funding sources;
4.5.5 Set policy;
4.5.6 Optimize the utilization of available resources; and
4.5.7 Oversee all Committee activities.
4.6 Specific Responsibilities of the Board. The specific responsibilities of the
Board shall be as follows:
Oct. 8, 2019
4.6.1 Formulate and adopt an annual budget prior to the commencement of the
fiscal year;
4.6.2 Develop and implement a financing and/or funding plan for ongoing
Authority operations and capital improvements, if applicable;
4.6.3 Retain necessary and sufficient staff and adopt personnel and
compensation policies, rules and regulations;
4.6.4 Adopt policies for procuring electric supply and operational needs such as
professional services, equipment and supplies;
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Item #5 Page 18 of 38
4.6.5 Develop and implement a Strategic Plan to guide the development,
procurement, and integration of renewable energy resources consistent
with the intent and priorities identified in this Agreement;
4.6.6 Establish standing and ad hoc committees as necessary;
4.6.7 Set retail rates for power sold by the Authority and set charges for any
other category of retail service provided by the Authority;
4.6.8 Wind down and resolve all obligations of the Authority in the event the
Authority is terminated pursuant to Section 8.2;
4.6.9 Conduct and oversee Authority operational audits at intervals not to
exceed three years including review of customer access to Authority
programs and benefits, where applicable;
4.6.10 Arrange for an annual independent fiscal audit;
4.6.11 Adopt such bylaws, rules and regulations necessary or desirable for the
purposes set forth in this Agreement and consistent with this Agreement;
4.6.12 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as
those which the Board may elect to delegate to the Chief Executive
Officer; and
4.6.13 Discharge other duties as appropriate or necessary under this Agreement
or required by law.
4.7 Startup Responsibilities. The Authority shall promptly act on the following
matters:
4.7.1 Oversee the preparation of, adopt, and update an implementation plan for
electrical load aggregation pursuant to Public Utilities Code Section
366.2(c)(3);
4. 7 .2 Prepare a statement of intent for electrical load aggregation pursuant to
Public Utilities Code Section 366.2(c)(4);
4.7.3 Obtain financing and/or funding as is necessary to support start up and
ongoing working capital for the CCA Program; and
4.7.4 Acquire and maintain insurance in accordance with Section 9.3.
4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four
regular meetings per year, but the Board may provide for the holding of regular
meetings at more frequent intervals. The date, hour, and place of each regular
meeting shall be fixed annually by resolution of the Board. The location of
regular meetings may rotate for the convenience of the Parties, subject to Board
Oct . 8, 2019 Item #5 Page 19 of 38
approval and availability of appropriate meeting space. Regular meetings may be
adjourned to another meeting time. Special meetings of the Board may be called
in accordance with the provisions of Government Code Section 54956. Directors
may participate in meetings telephonically, with full voting rights, only to the
extent permitted by law. Board meeting agendas generally shall be set, in
consultation with the Board Chair, by the Chief Executive Officer appointed by
the Board pursuant to Section 5.5. The Board itself may add items to the agenda
upon majority vote pursuant to Section 4.11.1 .
4.9 Brown Act Applicable. All meetings of the Board shall be conducted in
accordance with the provisions of the Ralph M. Brown Act (Government Code
Section 54950, et seq.).
4.10 Quorum. A simple majority of the Directors shall constitute a quorum. No
actions may be taken by the Board without a quorum of the Directors present.
4.11 Board Voting. Except for matters subject to Special Voting under Section 4.12,
Board action shall require the affirmative votes of a majority of the Directors on
the entire Board. The consequence of a tie vote shall be "no action" taken.
4.12 Special Voting.
Oct. 8, 2019
4.12.1 The affirmative vote of two-thirds of the Directors of the entire Board
shall be required to take any action on the following:
(a) Issuing bonds or other forms of debt;
(b) Adding or removing Parties or removing Directors; and
(c) Amending or terminating this Agreement or adopting or amending
the bylaws of the Authority except as provided in Sections 3.5 and
4.12.3. At least 30 days advance written notice to the Parties shall
be provided for such actions. Such notice shall include a copy of
any proposed amendment to this Agreement or the bylaws of the
Authority. The Authority shall also provide prompt written notice
to all Parties of the action taken and attach the adopted
amendment, resolution or agreement.
4.12.2 An affirmative vote of three-fourths of the entire Board shall be required
to initiate any action for Eminent Domain and no eminent domain action
shall be approved within the jurisdiction of a Party without the affirmative
vote of such Party's Director.
4.12.3 An unanimous vote of the entire Board shall be required to amend the
following provisions in this Agreement:
(a) Section 2.3 (Purpose of Agreement)
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Item #5 Page 20 of 38
5.
(b) Section 3.6 (Compliance with Local Zoning)
(c) Sections 4.11 and 4.12 (Voting Requirements)
(d) Section 4.12.2 (Eminent Domain)
(e) Section 6.5 (Power Supply Requirements)
(f) Section 6.6 (Solana Energy Alliance Transition)
INTERNAL ORGANIZATION
5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a
Chair and Vice Chair from among the Directors and shall appoint a Secretary and
a Treasurer as provided in Government Code section 6505.5. No Director may
hold more than one such office at any time. Appointed officers shall not be
elected officers of the Board.
5.2 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and
Vice Chair from among the Directors. The term of office of the Chair and Vice
Chair shall continue for one year, but there shall be no limit on the number of
terms held by either the Chair or Vice Chair. The Chair shall be the presiding
officer of all Board meetings, and the Vice Chair shall serve in the absence of the
Chair. The Chair shall perform duties as may be required by the Board. In the
absence of the Chair, the Vice-Chair shall perform all of the Chair's duties. The
office of the Chair or Vice Chair shall be declared vacant and a new selection
shall be made if: (a) the person serving dies, resigns, or the Party that the person
represents removes the person as its representative on the Board, or (b) the Party
that he or she represents withdraws from the Authority pursuant to the provisions
of this Agreement. Upon a vacancy, the position shall be filled at the next
regular meeting of the Board held after such vacancy occurs or as soon as
practicable thereafter.
5.3 Secretary. The Board shall appoint a qualified person who is not on the Board to
serve as Secretary. The Secretary shall be responsible for keeping the minutes of
all meetings of the Board and all other office records of the Authority. lfthe
appointed Secretary is an employee of any Party, such Party shall be entitled to
reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Secretary of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.4 Treasurer/Chief Financial Officer and Auditor. The Board of Directors shall
appoint a Treasurer who shall function as the combined offices of Treasurer and
Auditor and shall strictly comply with the statutes related to the duties and
responsibilities specified in Section 6505.5 of the Act. The Treasurer for the
Authority shall be the depository and have custody of all money of the Authority
from whatever source and shall draw all warrants and pay demands against the
Oct. 8, 2019 Item #5 Page 21 of 38
Authority as approved by the Board. The Treasurer shall cause an independent
audit(s) of the finances of the Authority to be made by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
The Treasurer shall report directly to the Board and shall comply with the
requirements of treasurers of incorporated municipalities. The Board may
transfer the responsibilities of Treasurer to any qualified person or entity as the
law allows at the time. The duties and obligations of the Treasurer are further
specified in Section 7. The Treasurer shall serve at the pleasure of the Board. If
the appointed Treasurer is an employee of any Party, such Party shall be entitled
to reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Treasurer of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.5 Chief Executive Officer. The Board shall appoint a Chief Executive Officer for
the Authority, who shall be responsible for the day-to-day operation and
management of the Authority and the CCA Program. The Chief Executive Officer
may not be an elected member of the Board or otherwise represent any Party to
the Authority. The Chief Executive Officer may exercise all powers of the
Authority, except those powers specifically reserved to the Board, including but
not limited to those set forth in Section 4.6 (Specific Responsibilities of the
Board) of this Agreement or the Authority's bylaws, or those powers which by
law must be exercised by the Board. The Chief Executive Officer may enter into
and execute power purchase agreements and other contracts, in accordance with
criteria and policies established by the Board.
5.6 General Counsel. The Board shall appoint a qualified person to act as the
Authority's General Counsel, who shall not be a member of the Board, or an
elected official or employee of a Party.
5.7 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board
shall designate the public officer or officers or person or persons who have charge
of, handle, or have access to any property of the Authority exceeding a value as
established by the Board, and shall require such public officer or officers or
person or persons to file an official bond in an amount to be fixed by the Board.
5.8 Privileges and Immunities from Liability. All of the privileges and immunities
from liability, exemption from laws, ordinances and rules, all pension, relief,
disability, workers' compensation and other benefits which apply to the activities
of officers, agents or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the
Authority to the same degree and extent while engaged in the performance of any
of the functions and other duties of such officers, agents or employees under this
Agreement. None of the officers, agents or employees directly employed by the
Board shall be deemed, by reason of their employment by the Authority to be
employed by the Parties or by reason of their employment by the Authority, to be
subject to any of the requirements of the Parties.
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Oct. 8, 2019 Item #5 Page 22 of 38
6.
5.9 Commissions, Boards and Committees. The Board may establish any advisory
commissions, boards, and committees as the Board deems appropriate to assist the
Board in carrying out its functions and implementing the CCA Program, related
energy programs, and the provisions of this Agreement. To the extent possible,
the commissions, boards, and committees should have equal representation from
each Party. The Board may establish criteria to qualify for appointment on its
commissions, boards, and committees. The Board may establish rules,
regulations, policies, or procedures to govern any such commissions, boards, or
committees and shall determine whether members shall be entitled to
reimbursement for expenses. The meetings of the commissions, boards, or
committees shall be held in accordance with the requirements of the Ralph M.
Brown Act, as applicable.
IMPLEMENTATION ACTION AND AUTHORITY DOCUMENTS
6.1 Preliminary Implementation of the CCA Program.
6.1.1 Enabling Ordinance. In addition to the execution of this Agreement, each
Party shall adopt an ordinance in accordance with Public Utilities Code
Section 366.2(c)(12) for the purpose of specifying that the Party intends to
implement a CCA Program by and through its participation in the
Authority.
6.1.2 Implementation Plan. The Authority shall secure Board approval of an
Implementation Plan meeting the requirements of Public Utilities Code
Section 366.2 and any applicable Public Utilities Commission regulations,
and consistent with the terms of this Agreement, as soon after the
Effective Date as reasonably practicable but no later than December 31,
2019.
6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the
Authority will be implemented through various documents duly adopted by the
Board through Board resolution or minute action, including but not necessarily
limited to operational procedures and policies, the annual budget, and specific
plans such as a local renewable energy development and integration plan and
other policies defined as the Authority Documents by this Agreement. All such
Authority Documents shall be consistent with and designed to advance the goals
and objectives of the Authority as expressed in this Agreement. The Parties agree
to abide by and comply with the terms and conditions of all such Authority
Documents that may be adopted by the Board, subject to the Parties' right to
withdraw from the Authority as described in Section 8 (Withdrawal and
Termination) of this Agreement.
6.3 Integrated Resource Plan and Regulatory Compliance. The Authority shall
cause to be prepared an Integrated Resource Plan in accordance with California
Public Utilities Commission regulations, and consistent with the terms of this
Agreement, tha.t will ensure the long-term development and administration of a
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Oct. 8, 2019 Item #5 Page 23 of 38
variety of energy programs that promote local renewable resources, conservation,
demand response, and energy efficiency, while maintaining compliance with
other regulatory requirements including the State Renewable Portfolio Standard
(RPS) and customer rate competitiveness.
6.4 Renewable Portfolio Standards. The Authority shall provide its customers
energy primarily from Category I and Category 2 eligible renewable resources, as
defined under the California RPS and consistent with the goals of the CCA
Program. The Authority shall avoid the procurement of energy from Category 3
eligible renewable resources (unbundled Renewable Energy Credits or RECs) to
the extent feasible. The Authority's ultimate objective shall be to achieve-and
sustain-a renewable energy portfolio with I 00 percent renewable energy
availability and usage, at competitive rates, within the Authority service territory
by no later than 2035, and then beyond.
6.5 Power Supply Requirements. The Authority's power supply base product will
be greater than or equal to 50% qualified renewable resources. The Board shall
establish product options with higher renewable and/or GHG-free content that
each Party may select (such as 75% or I 00% renewable content). In no event
will the Authority's power supply base product contain a lesser amount of
renewable resources than the base product provided by SDG&E to its customers.
Power supply options established by the Board will allow each Party the
flexibility to achieve its CAP goals without impeding any other Party from doing
the same.
6.6 Continuation and Transition of City of Solana Beach's Existing CCA
Program. The City of Solana Beach has been operating a CCA program within
its jurisdiction since 2018. The City of Solana Beach shall be permitted to
continue to operate its existing CCA program until the Authority's CCA Program
commences service to customers within the jurisdiction of the City of Solana
Beach. The transition of CCA customers within the City of Solana Beach to the
Authority's CCA Program shall be implemented in accordance with the
Authority's implementation plan approved by the Board and certified by the
CPUC and any policies and requirements established by the Board.
7. FINANCIAL PROVISIONS
7. t Fiscal Year. The Authority's fiscal year shall be t 2 months commencing July l
and ending June 30. The fiscal year may be changed by Board resolution.
7.2 Depository.
Oct. 8, 2019
7.2.1 All funds of the Authority shall be held in separate accounts in the name
of the Authority and not commingled with funds of any Party or any other
person or entity.
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Item #5 Page 24 of 38
7.2.2 All funds of the Authority shall be strictly and separately accounted for,
and regular reports shall be rendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books and records of the
Authority shall be open to inspection and duplication by the Parties at all
reasonable times. Annual financial statements shall be prepared in
accordance with Generally Accepted Accounting Principles of the United
States of America within 6 months of the close of the fiscal year. The
Board shall contract with a certified public accountant to make an annual
audit of the financial statements of the Authority, which shall be
conducted in accordance with the r~quirements of Section 6505 of the Act.
7 .2.3 All expenditures shall be made in accordance with the approved budget
and upon the approval of any officer so authorized by the Board in
accordance with its policies and procedures.
7.3 Budget and Recovery Costs.
Oct. 8, 2019
7.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time as may be reasonably necessary
to address contingencies and unexpected expenses. All subsequent
budgets of the Authority shall be prepared and approved by the Board in
accordance with its fiscal management policies that should include a
deadline for approval.
7.3.2 Funding oflnitial Costs. The Initial Costs of establishing the Authority
and implementing its CCA Program shall be divided equally among the
Founding Members. In the event that the CCA Program becomes
operational, these Initial Costs paid by the Founding Members shall be
included in the customer charges for electric services to the extent
pennitted by law. The Authority may establish a reasonable time period
over which such costs are recovered and reimbursed to the Founding
Members. In the event that the CCA Program does not become
operational, the Founding Members shall not be entitled to any
reimbursement of the Initial Costs they have paid from the Authority or
any Party.
7.3.3 CCA Feasibility and Governance Report Costs. In the event that the CCA
Program becomes operational, any costs incurred by the Parties in
preparing CCA Feasibility or Governance Reports in connection with
establishing the Authority shall be included in the customer charges for
electric services to the extent pennitted by law. The Authority may
establish a reasonable time period over which such costs are recovered and
reimbursed to the Parties that incurred such costs. In the event that the
CCA Program does not become operational, no Party shall be entitled to
any reimbursement of these costs from the Authority or any Party.
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Item #5 Page 25 of 38
7.3.4 Program Costs. The Parties intend that all costs incurred by the Authority
that are directly or indirectly attributable to the provision of electric or
other services under the CCA Program, including the establishment and
maintenance of various reserve and performance funds, shall be recovered
through appropriate charges to CCA customers receiving such services.
7.3.5 No Requirement for Contributions or Payments. Parties are not required
under this Agreement to make any financial contributions or payments to
the Authority, and the Authority shall have no right to require such a
contribution or payment unless expressly set forth herein (for example, as
provided in Section 2.4.3, with respect to Additional Members, Section
7 .3.2 with respect to Initial Costs and Section 8. t, with respect to
Withdrawal), or except as otherwise required by law.
Notwithstanding the foregoing, a Party may voluntarily enter into an
agreement with the Authority to provide the following:
(a) contributions of public funds for the purposes set forth in this
Agreement;
(b) advances of public funds for the purposes set forth in this
Agreement, such advances to be repaid as provided by such written
agreement; or
(c) its personnel, equipment or property in lieu of other contributions
or advances.
No Party shall be required, by or for the benefit of the Authority, to adopt
any locaJ tax, assessment, fee or charge under any circumstances.
7.4 Accounts and Reports. The Treasurer shaJI establish and maintain such funds
and accounts as may be required by good accounting practice or by any provision
of any trust agreement entered into with respect to the proceeds of any bonds
issued by the Authority. The books and records of the Authority in the hands of
the Treasurer shall be open to inspection and duplication at all reasonable times
by duly appointed representatives of the Parties. The Treasurer, within 180 days
after the close of each fiscal year, shall give a complete written report of all
financial activities for such fiscal year to the Parties. The Treasurer shall
cooperate with all audits required by this Agreement.
7.5 Funds. The Treasurer shall receive, have custody of and/or disburse Authority
funds in accordance with the laws applicable to public agencies and generally
accepted accounting practices, and shall make the disbursements required by this
Agreement in order to carry out any of the purposes of this Agreement.
7.6 Discretionary Revenues. The Board shall establish policies concerning the
expenditure of discretionary revenues. As determined by the Board in such
policies, discretionary revenues may be used to ( l) provide programs and develop
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Oct. 8, 2019 Item #5 Page 26 of 38
projects of the Authority or (2) allow Parties to direct funds into qualified
Authority programs and projects, or provide other ratepayer benefits. The Board
shall endeavor to achieve a balanced distribution of program and project benefits
substantially commensurate with each Party's energy load ("balanced
distribution"). The Board shall conduct periodic audits no less than every two
years in order to verify the balanced distribution of program and project benefits
and take any corrective action necessary to achieve or continue to maintain a
balanced distribution.
7.7 Rate Related Programs. The Authority will maintain residential net energy
metering and low-income rate discount programs.
8. WITHDRAW AL AND TERMINATION
8.1 Withdrawal
Oct. 8, 2019
8.1. l Withdrawal by Parties. Any Party may withdraw its membership in
the Authority, effective as of the beginning of the Authority's fiscal
year, by giving no less than one year advance written notice of its
election to do so, which notice shall be given to the Authority and
each Party. The Board, in its discretion, may approve a shorter notice
period on a case by case basis. In addition, a Party may immediately
withdraw its membership in the Authority upon written notice to the
Board at any time prior to the Authority filing its first year-ahead load
forecast with the CPUC that included the Party's load (anticipated to
occur in April 2020) without any financial obligation other than its
share of Initial Costs that shall not be reimbursed and any costs
directly related to the resulting amendment of the Implementation
Plan. Withdrawal of a Party shall require an affinnative vote of the
Party's Governing Body.
8.1.2 Amendment. Notwithstanding Section 8.1. l (Withdrawal by Parties)
of this Agreement, a Party may withdraw its membership in the
Authority upon approval and execution of an amendment to this
Agreement provided that the requirements of this Section 8.1 .2 are
strictly followed. A Party shall be deemed to have withdrawn its
membership in the Authority effective one year (or earlier if approved
by the Board) after the Board approves an amendment to this
Agreement if the Director representing such Party has provided notice
to the other Directors immediately preceding the Board's vote of the
Party's intention to withdraw its membership in the Authority, should
the amendment be approved by the Board.
8.1 .3 Continuing Liability; Further Assurances. A Party that withdraws its
membership in the Authority may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund)
of this Agreement, including, but not limited to, power purchase
-18 -
Item #5 Page 27 of 38
agreements and other Authority contracts and operational obligations.
The withdrawing Party and the Authority shaJI execute and deliver all
further instruments and documents and take any further action that
may be reasonably necessary, as determined by the Board, to
effectuate the orderly withdrawal of such Party from membership in
the Authority. The Board shall also consider, pursuant to Section
3.2.12. adoption of a policy that allows a withdrawing Party to
negotiate assignment to the Party of costs of electric power or other
resources procured on behalf of its customers by the Authority upon
its withdrawal. In the implementation of this Section 8.1.3, the
Parties intend, to the maximum extent possible, without
compromising the viability of ongoing Authority operations, that any
claims, demands, damages, or liabilities covered hereunder, be funded
from the rates paid by CCA Program customers located within the
service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself.
8.2 Termination of CCA Program. Nothing contained in Section 6 or elsewhere in
this Agreement shall be construed to limit the discretion of the Authority to
terminate the implementation or operation of the CCA Program at any time in
accordance with any applicable requirements of state law.
8.3 Involuntary Termination. This Agreement may be terminated with respect to a
Party for material non-compliance with provisions of this Agreement or Authority
Documents upon a two-thirds vote of the entire Board excluding the vote of the
Party subject to possible termination. Prior to any vote to terminate this
Agreement with respect to a Party, written notice of the proposed termination and
the reason(s) for such termination shall be delivered to the Party whose
termination is proposed at least 30 days prior to the regular Board meeting at
which such matter shall first be discussed as an agenda item. The written notice
of proposed termination shall specify the particular provisions of this Agreement
or the Authority Documents that the Party has allegedly violated. The Party,
subject to possible termination, shall have the opportunity at the next regular
Board meeting to respond to any reasons and allegations that may be cited as a
basis for termination prior to a vote regarding termination. A Party that has had
its membership in the Authority terminated may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this
Agreement.
8.4 Mutual Termination. This Agreement may be terminated by mutual agreement
of all the Parties; provided, however, the foregoing shall not be construed as
limiting the rights of a Party to withdraw its membership in the Authority, and
thus terminate this Agreement with respect to such withdrawing Party, as
described in Section 8.1 (Withdrawal) of this Agreement.
8.5 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of
a Party, the Party shall be responsible for any claims, demands, damages, or
-I 9 -
Oct. 8, 2019 Item #5 Page 28 of 38
9.
liabilities attributable to the Party through the effective date of its withdrawal or
involuntary termination, it being agreed that the Party shall not be responsible for
any claims, demands, damages, or liabilities commencing or arising after the
effective date of the Party's withdrawal or involuntary termination.
Notwithstanding the foregoing or any other provisions of this Agreement, such
Party also shall be liable to the Authority for (a) any damages, losses, or costs
incurred by the Authority which result directly from the Party's withdrawal or
termination, including but not limited to costs arising from the resale of capacity,
electricity, or any attribute thereof no longer needed to serve such Partis load;
and (b) any costs or obligations associated with the Party's participation in any
program in accordance with the program's terms, provided such costs or
obligations were incurred prior to the withdrawal of the Party. From and after the
date a Party provides notice of its withdrawal or is terminated, the Authority shall
reasonably and in good faith seek to mitigate any costs and obligations to be
incurred by the withdrawing or terminated Party under this Section through
measures reasonable under the circumstances, provided that this obligation to
mitigate does not impose any obligation on the Authority to transfer any cost or
obligation directly attributable to the membership and withdrawal or termination
of the withdrawing or terminated party to the ratepayers of the remaining
members. Further, the liability of the withdrawing or terminated Party shall be
based on actual costs or damages incurred by the Authority and shall not include
any penalties or punitive charges imposed by the Authority. The Authority may
withhold funds otherwise owing to the Party or may require the Party to deposit
sufficient funds with the Authority, as reasonably determined by the Authority, to
cover the Party's liability for the costs described above. The withdrawing or
terminated Party agrees to pay any such deposit determined by the Authority.
Any amount of the Party's funds held on deposit with the Authority above that
which is required to pay any liabilities or obligations shall be returned to the
Party. In the implementation of this Section 8.5, the Parties intend, to the
maximum extent possible, without compromising the viability of ongoing
Authority operations, that any claims, demands, damages, or liabilities covered
hereunder, be funded from the rates paid by CCA Program customers located
within the service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself. The liability of a withdrawing Party under
this Section shall be only to the Authority and not to any other Party.
8.6 Disposition of Authority Assets. Upon termination of this Agreement and
dissolution of the Authority by all Parties, after payment of all obligations of the
Authority, the Board may sell or liquidate Authority property and shall distribute
any remaining assets to the Parties in proportion to the contributions made by the
existing Parties. Any assets provided by a Party to the Authority shall remain the
asset of that Party and shall not be subject to distribution under this section.
MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts
to settle all disputes arising out of or in connection with this Agreement. Before
-20 -
Oct. 8, 2019 Item #5 Page 29 of 38
exercising any remedy provided by law, a Party or the Parties and the Authority
shall engage in nonbinding mediation in the manner agreed upon by the Party or
Parties and the Authority. The Parties agree that each Party may specifically
enforce this section. In the event that nonbinding mediation is not initiated or does
not result in the settlement of a dispute within 60 days after the demand for
mediation is made, any Party and the Authority may pursue any remedies
provided by law.
9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and
employees of the Authority shall use ordinary care and reasonable diligence in the
exercise of their powers and in the performance of their duties pursuant to this
Agreement. No current or former Director, officer, or employee will be
responsible for any act or omission by another Director, officer, or employee.
The Authority shall defend, indemnify and hold harmless the individual current
and former Directors, officers, and employees for any acts or omissions in the
scope of their employment or duties in the manner provided by Government Code
Section 995 et seq. Nothing in this section shall be construed to limit the defenses
available under the law, to the Parties, the Authority, or its Directors, officers, or
employees. In addition, pursuant to the Act, no Director shall be personally liable
on the Authority's bonds or be subject to any personal liability or accountability
by reason of the issuance of bonds.
9.3 Insurance and Indemnification of Parties. The Authority shall acquire such
insurance coverage as is necessary to protect the interests of the Authority and the
Parties. The Authority shall defend, indemnify and hold harmless the Parties and
each of their respective governing board members, officers, agents and
employees, from any and all claims, losses, damages, deductibles or self-insured
retentions, costs, fines, penalties, injuries and liabilities of every kind arising
directly or indirectly from the conduct, activities, operations, acts, errors,
omissions or negligence of the Authority or its officers, employees, agents,
contractors, licensees or volunteers.
9.4 No Third Party Beneficiaries. The provisions of this Agreement are for the sole
benefit of the Parties and the Authority and not for the benefit of any other person
or entity. No third party beneficiary shall be created by or arise from the
provisions of this Agreement.
9.5 Notices. Any notice required or permitted to be made hereunder shall be in
writing and shall be delivered in the manner prescribed herein at the principal
place of business of each Party. The Parties may give notice by (1) personal
delivery; (2) e-mail; (3) U.S. Mail, first class postage prepaid, or a faster delivery
method; or (3) by any other method deemed appropriate by the Board.
Oct. 8, 2019
Upon providing written notice to all Parties, any Party may change the designated
address or e-mail for receivi~g notice.
-21 -
Item #5 Page 30 of 38
All written notices or correspondence sent in the described manner will be
deemed given to a party on whichever date occurs earliest: (I) the date of personal
delivery; (2) the third business day following deposit in the U.S. mail, when sent
by "first class" mail; or (3) the date of transmission, when sent by e-mail or
facsimile.
9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of each Party.
9. 7 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not be assigned or delegated without the
advance written consent of all of the other Parties, and any attempt to assign or
delegate such rights or duties in contravention of this section shall be null and
void. This Agreement shall inure to the benefit of, and be binding upon, the
approved assigns of the Parties. This section does not prohibit a Party from
entering into an independent agreement with another agency, person, or entity
regarding the financing of that Party's contributions to the Authority, or the
disposition of the proceeds which that Party receives under this Agreement, so
long as such independent agreement does not affect, or purport to affect, the rights
and duties of the Authority or the Parties under this Agreement.
9.8 Amendment. This Agreement may be amended by a written amendment
approved by the Board in accordance with the Special Voting requirements of
Section 4.12.
9.9 Severability. If any one or more of the terms, provisions, promises, covenants, or
conditions of this Agreement were adjudged invalid or void by a court of
competent jurisdiction, each and all of the remaining terms, provisions, promises,
covenants, and conditions of this Agreement shall not be affected thereby and
shall remain in full force and effect to the maximum extent permitted by law.
9.10 Governing Law. This Agreement is made and to be performed in the State of
California, and as such California substantive and procedural law shall apply.
9.11 Headings. The section headings herein are for convenience only and are not to
be construed as modifying or governing the language of this Agreement.
9.12 Counterparts. This Agreement may be executed in any number of counterparts,
and upon execution by all Parties, each executed counterpart shall have the same
force and effect as an original instrument and as if all Parties had signed the same
instrument. Any signature page of this Agreement may be detached from any
counterpart of this Agreement without impairing the legal effect of any signatures
thereon and may be attached to another counterpart of this Agreement identical in
form hereto but having attached to it one or more signature pages.
The Parties hereto have executed this Joint Powers Agreement establishing the Clean Energy
Alliance.
-22 -
Oct. 8, 2019 Item #5 Page 31 of 38
CITY
By:
DATE: \Doa\'1
ATTEST:
By: \ bil>M ~ m.m~
~City Clerk
APPROVED AS TO FOR!vf:
By:~
City Attorney
Oct. 8, 2019
-
-23 -
Item #5 Page 32 of 38
Exhibit A: Definitions
"AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code
Section 366.2), which created Community Choice Aggregation.
"Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7,
Title 1 of the Government Code commencing with Section 6500).
"Agreement" means this Joint Powers Agreement.
"Authority" means the Clean Energy Alliance.
"Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion
implementing the powers, functions and activities of the Authority, including but not
limited to the Operating Policies and Procedures, the annual budget, and plans and
policies.
"Board" means the Board of Directors of the Authority.
"Community Choice Aggregation" or "CCA" means an electric service option available to cities,
counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
"CCA Program" means the Authority's Community Choice Aggregation program established,
conducted and operated under Public Utilities Code Section 366.2.
"Days" shall mean calendar days unless otherwise specified by this Agreement.
"Director" means a member of the Board representing a Party appointed in accordance with
Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of
this Agreement.
"Effective Date" means the date on which the Agreement shall become effective and the
Authority shall exist as a separate public agency, as further described in Section 2.1
(Effective Date and Term) of this Agreement.
"Founding Member" means any jurisdiction that becomes a member of the Authority before
October I, 2020, as identified in Exhibit B.
"Governing Body" means for any city, its City Council; and for any other public agency, the
equivalent policy making body that exercises ultimate decision-making authority over
such agency.
"Initial Costs" means reasonable and necessary implementation costs advanced by the Founding
Members in support of the formation of the Authority and approved by the Board for
reimbursement, which are (a) directly related to the establishment of the Authority and its
CCA program, and (b) incurred by the Authority or its Members relating to the initial
operation of the Authority, such as the hiring of the executive and operations staff, any
required accounting, administrative, technical and legal services in support of the
Oct. 8, 2019 Item #5 Page 33 of 38
Authority's initial formation activities or in support of the negotiation, preparation and
approval of power purchase agreements, and activities associated with drafting and
obtaining approval of the Authority's implementation plan. Initial Costs do not include
costs associated with the investigation of the CCA model, attendance at routine planning
meetings, or a Party's pre-formation reports related to their decision to pursue CCA or
join the Authority. Initial costs also do not include the costs incurred by the City of
Solana Beach relating to the termination of its CCA program. The Authority Board shall
determine the repayment timing and tennination date for the Initial Costs.
"Investor Owned Utilities" means a privately-owned electric utility whose stock is publicly
traded and is subject to CPUC regulation.
"Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions
as defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that they are considered members of the Authority.
"Party" means, singularly, a signatory to this Agreement that has satisfied the conditions as
defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that it is considered a member of the Authority.
-2 -
Oct. 8, 2019 Item #5 Page 34 of 38
Exhibit B: List of Founding Members
Any public agency that becomes a member by October 1, 2020
Oct. 8, 2019 Item #5 Page 35 of 38
ORDINANCE NO. 954
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL
MAR, CALIFORNIA AUTHORIZING IMPLEMENTATION OF A
COMMUNITY CHOICE AGGREGATION PROGRAM
WHEREAS, California Public Utilities Code Section 366.2 (the "Act") authorizes
cities and counties to individually or jointly provide retail electric service to an aggregation
of customers within their jurisdictions, which is referred to as Community Choice
Aggregation ("CCA"); and
WHEREAS, on October 3, 2016, the Del Mar City Council approved Resolution
2016-52 stating the City's interest in exploring the feasibility of a CCA program; and
WHEREAS, since January 2018, the City of Del Mar ("City"), working in
cooperation with other cities in northern San Diego County, has been actively
investigating the feasibility of commencing CCA service for electric customers within the
City, with the objective of addressing climate change by reducing energy-related
greenhouse gas emissions, promoting electrical rate price stability and cost savings and
fostering consumer choice and local economic benefits such as job creation, local energy
programs and local renewable energy development; and
WHEREAS, on April 15, 2019, the Del Mar City Council received the final North
San Diego County Cities Community Choice Energy Technical Feasibility Study, dated
March 28, 2019 ("Feasibility Study"); and
WHEREAS, the Feasibility Study determined that a CCA program would be both
technically and financially feasible and could result in local benefits including the use of
renewable energy at levels above the State Renewables Portfolio Standard, the provision
of competitive rates to consumers, and economic opportunity for the City; and
WHEREAS, pursuant to Section 366.2 of the Act, two or more public entities
authorized to be a community choice aggregator under Section 331 .1 of the Act may
participate jointly in a CCA program through a Joint Powers Authority established
pursuant to Government Code Section 6500 et seq., if each entity adopts the ordinance
required by Public Utilities Section 366.2(c)(12); and
WHEREAS, the City wishes to implement a CCA program at this time through a
Joint Powers Authority together with other Founding Members which will be called the
Clean Energy Alliance; and
WHEREAS, under Public Utilities Code section 366.2, customers have the right to
opt out of the CCA program and continue to receive bundled electric service from the
incumbent utility; and
WHEREAS, Public Utilities Code section 366.2(c)(12) provides that an entity which
elects to implement a CCA program within its jurisdiction must do so by ordinance; and
Ordinance No. 954
Page 2 of 3
WHEREAS, this ordinance is exempt from the requirements of the California
Environmental Quality Act ("CEQA") pursuant to the State CEQA Guidelines, as it is not
a "project" and has no potential to result in a direct or reasonably foreseeable indirect
physical change to the environment. (14 Cal. Code Regs. § 15378(a).) Further, the
ordinance is exempt from CEQA as there is no possibility that the ordinance or its
implementation would have a significant negative effect on the environment. (14 Cal.
Code Regs.§ 15061(b)(3).) The ordinance is also categorically exempt because it is an
action taken by a regulatory agency to assure the maintenance, restoration, enhancement
or protection of the environment. (14 Cal. Code Regs. § 15308.) The Planning Director
shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA
Guidelines.
NOW, THEREFORE, the City Council of the City of Del Mar, California, hereby ordains
as follows:
SECTION ONE
That the recitals set forth above are true and correct and are incorporated as though fully
set forth herein.
SECTION TWO
In order to provide businesses and residents within the jurisdictional boundaries of the
City with a choice of electric service providers and with the benefits described in the
recitals above, the City Council hereby elects pursuant to Public Utilities Code Section
366.2(c)(12) to implement a CCA program within the jurisdiction of the City of Del Mar,
California, by participating in the CCA program of the Clean Energy Alliance, under the
terms and conditions provided in its Joint Powers Agreement, on file with the City Clerk.
SECTION THREE
This Ordinance was introduced by the City Council on October 7, 2019.
SECTION FOUR
The City Clerk is directed to prepare and have published a summary of this Ordinance no
less than five days prior to the consideration of its adoption and again within 15 days
following adoption indicating votes cast.
SECTION FIVE
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for
any reason, held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance.
Ordinance No. 954
Page 3 of 3
SECTION SIX
This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after
its final passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar,
California, at the Regular Meeting held this 21st day of October, 2019.
APPROVED AS TO FORM:
City o
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
David Druker, Mayor
City of Del Mar
I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of Del Mar,
California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of
Ordinance No. 954, which has been published pursuant to law, and adopted by the City
Council of the City of Del Mar, California, at a Regular Meeting held the 21st day of
October, 2019, by the following vote:
AYES: Mayor Druker, Deputy Mayor Haviland, Council Members
Gaasterland, Parks and Worden
NOES: None
ABSENT: None
ABSTAIN: None
Ashley Jones, Ad i
Director/ City Cieri<
City of Del Mar
RESOLUTION NO.2019-52
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL
MAR APPROVING AND AUTHORIZING THE EXECUTION OF
THE JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE CLEAN ENERGY ALLIANCE
WHEREAS, Section 6500 et seq. of the Government Code authorizes the joint
exercise by two or more public agencies of any power common to them as a Joint Powers
Authority ("JPA"); and
WHEREAS, Public Utilities Code Section 366.2(c)(12) specifically authorizes two
or more cities and counties to conduct a Community Choice Aggregation ("CCA") program
through the creation of a Joint Powers Authority; and
WHEREAS, the creation of a JPA would allow its members to share resources and
jointly provide and achieve the environmental and economic benefits of a CCA program
on a regional basis; and
WHEREAS, on October 3, 2016, the Del Mar City Council approved Resolution
2016-52 stating the City's interest in exploring the feasibility of a CCA program; and
WHEREAS, since January 2018, the City of Del Mar ("City"), working in
cooperation with other cities in northern San Diego County, has been actively
investigating the feasibility of commencing CCA service for electric customers within the
City, with the objective of addressing climate change by reducing energy-related
greenhouse gas emissions, promoting electrical rate price stability and cost savings and
fostering consumer choice and local economic benefits such as job creation, local energy
programs and local renewable energy development; and
WHEREAS, on April 15, 2019, the Del Mar City Council received the final North
San Diego County Cities Community Choice Energy Technical Feasibility Study, dated
March 28, 2019 ("Feasibility Study"); and
WHEREAS, the Feasibility Study, which determined that a CCA program would be
both technically and financially feasible, examined a number of organizational structures
by which a CCA program could be implemented including a JPA; and
WHEREAS, the City of Del Mar ("City") desires to enter into a JPA Agreement
("Agreement") to establish the Clean Energy Alliance along with the Founding Members
identified in the Agreement, and any additional members approved by the JPA Board in
the future.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Del Mar,
California, that:
1. The Joint Exercise of Powers Agreement creating the Clean Energy Alliance
("CEA") is hereby approved, and the City Manager is authorized to execute the
Resolution No. 2019-52
Page 2 of 3
Agreement in substantially the form attached to the Staff Report as Attachment B,
together with minor technical or clerical corrections, if any.
2. Staff is authorized and directed to take such further actions as may be necessary
and appropriate to implement the intent and purposes of this Resolution.
3. This Resolution and the creation of the CEA is exempt from the requirements of
the California Environmental Quality Act ("CEQA"), as it involves organizational
and administrative activities of government that will not result in direct or indirect
physical changes on the environment, and therefore is not considered a "project."
(14 Cal. Code Regs.§ 15378(b)(5).)
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Del Mar,
California at the Regular Meeting held this 7th day of October, 2019.
Dave Druker, Mayor
City of Del Mar
Resolution No. 2019-52
Page 3 of 3
APPROVED AS TO FORM:
L
City of
ATTEST AND CERTIFICATION:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF DEL MAR
I, ASHLEY JONES, Administrative Services Director/City Clerk of the City of Del Mar,
California, DO HEREBY CERTIFY, that the foregoing is a true and correct copy of
Resolution No. 2019-52 adopted by the City Council of the City of Del Mar, California, at
a Regular Meeting held the 7th day of October 2019, by the following vote:
AYES: Mayor Druker, Deputy Mayor Haviland, Council Members Parks and
Worden
NOES: Council Member Gaasterland
ABSENT: None
ABSTAIN: None
Ashley Jones, Ad
Director/City Clerk
City of Del Mar
rative Services
RESOLUTION 2019-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOLANA BEACH, CALIFORNIA, APPROVING AND
AUTHORIZING THE EXECUTION OF THE JOINT
EXERCISE OF POWERS AGREEMENT CREATING THE
CLEAN ENERGY ALLIANCE
WHEREAS, Section 6500 et seq. of the Government Code authorizes the joint
exercise by two or more public agencies of any power common to them as a Joint Powers
Authority ("JPA''); and
WHEREAS, Public Utilities Code Section 366.2(c)(12) specifically authorizes two
or more cities and counties to conduct a Community Choice Aggregation (CCA) program
through the creation of a Joint Powers Authority; and
WHEREAS, the creation of a JPA would allow its members to share resources and
jointly provide and achieve the environmental and economic benefits of a CCA program
on a regional basis; and
WHEREAS, the City of Solana Beach desires to enter into a Joint Exercise of
Powers Agreement to establish the Clean Energy Alliance Community Choice Energy
Authority along with the cities of Carlsbad and Del Mar, and any additional members
approved by the JPA Board in the future.
NOW, THEREFORE, the City Council of the City of Solana Beach hereby resolves as
follows:
1. That the foregoing recitations are true and correct.
2. The Joint Exercise of Powers Agreement creating the Clean Energy Alliance
("CEA") is hereby approved, and the City Manager is authorized to execute the
Agreement in substantially the form attached hereto as Exhibit A, together with
minor technical or clerical corrections, if any.
3. City Manager, or his designee, is authorized and directed to take such further
actions as may be necessary and appropriate to implement the intent and
purposes of this Resolution.
Resolution 2019-136
Clean Energy Alliance JPA
Page 2 of 2
4. This Resolution and the creation of CEA is exempt from the requirements of the
California Environmental Quality Act (CEQA), as it involves organizational and
administrative activities of government that will not result in direct or indirect
physical changes on the environment, ar:id therefore is not consid~red a "project."
(14 Cal. Code Regs. § 15378(b)(5).)
PASSED AND ADOPTED this 9th day of October 2019, at a regularly scheduled
meeting of the City Council of the City of Solana Beach, California by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers -Zito, Edson, Hegenauer, Becker
Councilmembers -None
Councilmembers -Harless
Councilmembers -None
DAVID A. ZITO, Mayor
--... -------.... __ __
APPROVED AS TO FORM;_.---· ,,,,..,.~
NA N.-CANLAS, City Attorney
·······--')
/
Exhibit A
Resolution 2019-136
Clean Energy Alliance Joint Powers Agreement
Effective _____ _
CLEAN ENERGY ALLIANCE JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement"), effective as of ______ , is made by the
Founding Members of the Clean Energy Alliance and entered into pursuant to the provisions of
Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the California Government
Code relating to the joint exercise of powers among the public agencies set forth in Exhibit B.
RECITALS
1. The Parties are public agencies sharing various powers under California law, including
but not limited to the power to purchase, supply, and aggregate electricity for themselves
and their customers.
2. SB 350, adopted in 2015, mandates a reduction in greenhouse gas emissions to 40 percent
below I 990 levels by 2030 and to 80 percent below 1990 levels by 2050. In 2018, the
State Legislature adopted SB 100, which directs the Renewable Portfolio Standard to be
increased to 60% renewable by 2030 and establishes a policy for eligible renewable
energy resources and zero-carbon resources to supply 100 percent of electricity retail
sales to California end-use customers by 2045.
3. The purposes for the Founding Members (as such term is defined in Exhibit A) entering
into this Agreement include procuring/developing electrical energy for customers in
participating jurisdictions, addressing climate change by reducing energy-related
greenhouse gas emissions, promoting electrical rate price stability and cost savings, and
fostering consumer choice and local economic benefits such as job creation, local energy
programs and local power development. It is the intent of this Agreement to promote the
development and use of a wide range of renewable energy sources and energy efficiency
programs, including but not limited to state, regional, and local solar and wind energy
production and energy storage.
4. The Parties to this Agreement desire to establish a separate public agency, known as the
Clean Energy Alliance ("Authority"), under the provisions of the Joint Exercise of
Powers Act of the State of California (Government Code Section 6500 et seq.) ("Act") in
order to collectively study, promote, develop, conduct, operate, and manage energy
programs.
5. The Founding Members have each adopted an ordinance electing to implement through
the Authority a Community Choice Aggregation program pursuant to California Public
UtHities Code Section 366.2 ("CCA Program"). The first priority of the Authority will be
the consideration of those actions necessary to implement the CCA Program on behalf of
participating jurisdictions.
6. By establishing the Authority, the Parties seek to:
(a) Provide electricity service to residents and businesses located within the
jurisdictional boundaries of the public agencies that are members of the Authority in
a responsible, reliable, innovative, and efficient manner;
-2 -
(b) Provide electric generation rates to all ratepayers that are competitive with those
offered by the Investor Owned Utility, San Diego Gas & Electric (SDG&E), for
similar products with a target generation rate at least 2 percent below SDG&E's base
product generation rate;
(c) Offer a mix of energy products for standard commodity electric service that provide
a cleaner power portfolio than that offered by SDG&E for similar service and other
options, including a 90 percent and a 100 percent renewable content options in
which communities and customers may "opt-up" and voluntarily participate, with the
ultimate objective of achieving-and sustaining-the Climate Action Plan goals of
the Parties, at competitive rates;
(d) Develop an aggregate electric supply portfolio with overall lower greenhouse gas
(GHG) emissions than SDG&E, and one that supports near-term achievement of the
Parties' greenhouse gas reduction goals and renewable electricity goals;
(e) Promote an energy portfolio that incorporates energy efficiency and demand
response programs and pursues ambitious energy consumption reduction goals;
(f) Pursue the procurement of local generation of renewable power developed by or
within member jurisdictions with an emphasis on local jobs, where appropriate,
without limiting fair and open competition for projects or programs implemented by
the Authority;
(g) Provide a range of energy product and program options, available to all Parties and
customers, that best serve their needs, their local communities, and support regional
sustainability efforts;
(h) Support low-income households having access to special utility rates including
California Alternative Rates for Energy (CARE) and Family Electric Rate
Assistance (FERA) programs:
(i) Use discretionary program revenues to support the Authority's long-term financial
viability, enhance customer rate stability, and provide all Parties and their customers
with access to innovative energy programs, projects and services throughout the
jurisdiction of the Authority; and
(j) Create an administering Authority that seeks to maximize economic benefits and is
financially sustainable, well-managed and responsiv~ to regional and local priorities.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises, covenants, and conditions
hereinafter set forth, it is agreed by and among the Parties as follows:
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1. DEFINITIONS AND EXHIBITS
1.1 Definitions. Capitalized terms used in this Agreement shall have the meanings
specified in Exhibit A, unless the context requires otherwise.
1.2 Documents Included. This Agreement consists of this document and the
following exhibits, all of which are hereby incorporated into this Agreement:
Exhibit A: Definitions
Exhibit B: List of Founding Members
2. FORMATION OF THE COMMUNITY CHOICE ENERGY AUTHORITY
2.1 Effective Date and Term. This Agreement shall become effective and the
Authority shall exist as a separate public agency ori the date this Agreement is
executed by at least three Founding Members after the adoption of the ordinances
required by Public Utilities Code Section 366.2(c)(l2). The Authority shall
provide notice to the Parties of the Effective Date. The Authority shall continue
to exist, and this Agreement shall be effective, until the Agreement is terminated
in accordance with Section 8.4 (Mutual Termination), subject to the rights of the
Parties to withdraw from the Authority under Section 8. l.
2.2 Formation of the Authority. Under the Act, the Parties hereby create a separate
joint exercise of power agency named the Clean Energy Alliance. Pursuant to
Sections 6506 and 6507 of the Act, the Authority is a public agency separate from
the Parties. The jurisdiction of the Authority shall be all territory within the
geographic boundaries of the Parties; however, the Authority may, as authorized
under applicable law, undertake any action outside such geographic boundaries as
is necessary to the accomplishment of its purpose.
2.3 Purpose. The purpose of this Agreement is to establish the Authority, to provide
for its governance and administration, and to define the rights and obligations of
the Parties. This Agreement authorizes the Authority to provide opportunities by
which the Parties can work cooperatively to create economies of scale and
implement sustainable energy initiatives that reduce energy demand, increase
energy efficiency, and advance the use of clean, efficient, and renewable
resources in the region for the benefit of all the Parties and their constituents,
including, but not limited to, establishing and operating a CCA Program.
2.4 Addition of Parties. After the initial formation of the Authority and prior to
October l, 2020, any incorporated municipality, county, or other public agency
authorized to be a community choice aggregator under Public Utilities Code
Section 331.1 and located within the service territory of SDG&E may become a
member of the Authority if it has completed a positive CCE Feasibility Study,
adopted a CCA ordinance pursuant to Public Utilities Code Section 366.2(c)(l2),
approved and executed this Agreement, and paid or agrees to pay its share of the
Initial Costs pursuant to Section 7.3.2 of this.Agreement. Notwithstanding the
foregoing, such public agency may be denied membership in the Authority if the
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Board detennines within 60 days after the submittal of the CCE Feasibility Study
that the addition of the public agency would create an undue risk or financial
burden to the Authority or to the achievement of the CAP goals of the Parties.
On or after October I, 2020, any incorporated municipality, county, or other
public agency authorized to be a community choice aggregator under Public
Utilities Code Section 331.1 and located within the service territory of SDG&E
may apply to and become a member of the Authority if all the following
conditions are met:
2.4.1 Adoption of a resolution by a two-thirds vote of the entire Board
authorizing membership in the Authority;
2.4.2 Adoption by the proposed member of a CCA ordinance as required by
Public Utilities Code Section 366.2(c)(l2) and approval and execution of
this Agreement and other necessary program agreements by the proposed
member;
2.4.3 Payment of a membership fee, if any, as may be required by the Board to
cover Authority costs incurred in connection with adding the new party;
and
2.4.4 Satisfaction of any other conditions established by the Board.
2.5 Continuing Participation. The Parties acknowledge that membership in the
Authority may change by the addition, withdrawal and/or termination of Parties.
The Parties agree to participate with such other Parties as may later be added by
the Board, as described in Section 2.4 (Addition of Parties} of this Agreement.
The Parties also agree that the withdrawal or termination of a Party shall not
affect this Agreement or the remaining Parties' continuing obligations under this
Agreement.
3. POWERS
3.1 General Powers. The Authority shall have the powers common to the Parties
which are necessary or appropriate to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.4 (Limitation on
Powers) of this Agreement.
3.2 Specific Powers. Specific powers of the Authority shall include, but not be
limited to, each of the following powers, which may be exercised at the discretion
of the Board:
3.2.1 make and enter into contracts;
3.2.2 employ agents and employees, including but not limited to a Chief
E;r;ecutive Officer;
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3.2.3 acquire, own, contract, manage, maintain, and operate any buildings,
public works, improvements or other assets including but not limited to
public electric generation resources;
3.2.4 acquire property for the public purposes of the Authority by eminent
domain, or otherwise, except as limited under Section 6508 of the Act and
Sections 3.6 and 4.12.3 of this Agreement, and to hold or dispose of any
property; provided, however, the Authority shall not exercise the power of
eminent domain within the jurisdiction of a Party without its affirmative
vote under Section 4.12.2;
3.2.S lease any property;
3.2.6 sue and be sued in its own name;
3.2.7 incur debts, liabilities, and obligations, including but not limited to loans
from private lending sources pursuant to its temporary borrowing powers
authorized by law pursuant to Government Code Section 53850 et seq. and
authority under the Act;
3.2.8 issue revenue bonds and other forms of indebtedness;
3.2.9 apply for, accept, and receive all licenses, permits, grants, loans or other
aids from any federal, state or local public agency;
3.2.10 form independent corporations or entities, if necessary, to carry out energy
supply and energy conservation programs;
3.2.11 submit documentation and notices, register, and comply with applicable
orders, tariffs and agreements for the establishment and implementation of
the CCA Program and other energy programs;
3.2.12 adopt rules. regulations, policies, bylaws and procedures governing the
operation of the Authority;
3.2.13 make and enter into service agreements relating to the provision of
services necessary to plan, implement, operate and administer the CCA
Program and other energy programs, including the acquisition of electric
power supply and the provision of retail and regulatory support services;
3.2.14 receive revenues from sale of electricity and other energy-related
programs; and
3.2.15 Partner or otherwise work cooperatively with other CCA's on the
acquisition of electric resources, joint programs, advocacy and other
efforts in the interests of the Authority.
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3.3 Additional Powers to be Exercised. In addition to those powers common to
each of the Parties, the Authority shall have those powers that may be conferred
upon it by law and by subsequently enacted legislation.
3.4 Limitation on Powers. As required by Section 6509 of the Act, the powers of
the Authority are subject to the restrictions upon the manner of exercising power
possessed by the City of Solana Beach and any other restrictions on exercising the
powers of the Authority that may be adopted by the Board.
3.5 Obligations of the Authority. The debts, liabilities, and obligations of the
Authority shall not be the debts, liabilities, and obligations of any of the Parties
unless a Party agrees in writing to assume any of the debts, liabilities, and
obligations of the Authority with the approval of its Governing Body, in its sole
discretion. A Party that has not agreed in writing, as duly authorized by its
Governing Body, to assume an Authority debt, liability, or obligation shall not be
responsible in any way for such debt, liability, or obligation, regardless of any
action by the Board. Further, the debts, liabilities and obligations of the City of
Solana Beach related to or arising from its existing CCA program, commonly
known as the Solana Energy Alliance, shall not be the debts, liabilities or
obligations of the Authority or any of the Parties except the City of Solana Beach
unless the Board approves assuming specific contracts entered into by the City of
Solana Beach. Any such contracts assumed by the Authority shall be obligations
of the Authority only and not of any of the Parties. Notwithstanding Sections
4.12.1 and 9.8 of this Agreement, this Section 3.5 shall not be amended or its
liability limitations otherwise modified by an amendment to another part of this
Agreement unless such amendment is approved by the Governing Body of each
Party.
3.6 Compliance with Local Zoning and Building Laws. Notwithstanding any other
provisions of this Agreement or state law. any facilities, buildings, structures or
other projects (the "project") developed, constructed or installed or caused to be
developed, constructed or installed by the Authority within the territory of the
Authority (which consists of the territorial jurisdiction of the Parties) shall comply
with the General Plan, zoning, land use regulations, building laws and any
applicable local Coastal Plan of the local jurisdiction within which the project is
located.
3.7 Compliance with the Political Reform Act and Government Code
Section 1090. The Authority and its officers and employees shall comply with
the Political Reform Act (Government Code Section 81000 et seq.) and
Government Code Section 1090 et seq. The Board shall adopt a Conflict of
Interest Code pursuant to Government Code Section 87300. The Board may
adopt additional conflict of interest regulations in the Operating Policies and
Procedures.
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4. GOVERNANCE
4. l Board of Directors.
4.1. l The Governing Body of the Authority shall be a Board of Directors
("Board") consisting of one Director for each Party appointed in
accordance with Section 4.2 (Appointment and Removal of Directors) of
this Agreement.
4.1.2 Each Director must be a member of the Governing Body of the appointing
Party. Each Director shall serve at the pleasure of the Governing Body of
the Party that appointed such Director and may be removed as Director by
such Governing Body at any time. If at any time a vacancy occurs on the
Board, then a replacement shalJ be appointed to fill the position of the
previous Director within 45 days after the date that position becomes
vacant.
4.1.3 The Governing Body of each Party also shall appoint an alternate to serve
in the absence of the primary Director. The alternate also shall be a
member of the Governing Body of the appointing Party. The alternate
shall have all the rights and responsibilities of the primary Director when
serving in his/her absence.
4.1.4 Any change to the size and composition of the Board other than what is
described in this section shall require an amendment of this Agreement in
accordance with Section 4.12.
4.2 Appointment and Removal of Directors. The Directors shall be appointed and
may be removed as follows:
4.2.1 The Governing Body of each Party shall appoint and designate in writing
one regular Director, who shall be authorized to act for and on behalf of
the Party on matters within the powers of the Authority. The Governing
Body of each Party shall appoint and designate in writing one alternate
Director who may vote on matters when the regular Director is absent
from a Board meeting. The alternate Director may vote on matters in
committee. chair committees, and fully participate in discussion and
debate during meetings. All Directors and alternates shall be subject to the
Board's adopted Conflict of Interest Code.
4.2.2 A Director may be removed by the Board for cause in accordance
with procedures adopted by the Board. Cause shall be defined for the
purposes of this section as follows:
a. Unexcused absences from three consecutive Board meetings.
b. Unauthorized disclosure of confidential information or documents
from a closed session or the unauthori2ed disclosure of information
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or documents provided to the Director on a confidential basis and
whose public disclosure may be harmful to the interests of the
Authority.
c. Violation of any ethics policies or code of conduct adopted by the
Board.
Notwithstanding the foregoing, no Party shall be deprived of its right to seat a
Director on the Board and any such Party for which its Director and/or alternate
Director has been removed may appoint a replacement.
4.3 Director Compensation. The Board may adopt by resolution a policy relating to
the compensation or expense reimbursement of its Directors.
4.4 TentlS of Office. Each Party shall determine the term of office for its regular and
alternate Director.
4.5 Purpose of Board. The general purpose of the Board is to:
4.5.l Provide structure for administrative and fiscal oversight;
4.5.2 Retain a Chief Executive Officer to oversee day-to-day operations of the
Authority;
4 .5.3 Retain legal counsel;
4.5.4 Identify and pursue funding sources;
4.5.5 Set policy;
4.5.6 Optimize the utilization of available resources; and
4.5.7 Oversee all Committee activities.
4.6 Specific Responsibilities of the Board. The specific responsibilities of the
Board shall be as follows:
4.6. l Formulate and adopt an annual budget prior to the commencement of the
fiscal year;
4.6.2 Develop and implement a financing and/or funding plan for ongoing
Authority operations and capital improvements, if applicable;
4 .6.3 Retain necessary and sufficient staff and adopt personnel and
compensation policies, rules and regulations;
4.6.4 Adopt policies for procuring electric supply and operational needs such as
prof~ssional services, equipment and supplies;
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4.6.5 Develop and implement a Strategic Plan to guide the development,
procurement, and integration of renewable energy resources consistent
with the intent and priorities identified in this Agreement;
4.6.6 Establish standing and ad hoc committees as necessary;
4.6.7 Set retail rates for power sold by the Authority and set charges for any
other category of retail service provided by the Authority;
4.6.8 Wind down and resolve all obligations of the Authority in the event the
Authority is terminated pursuant to Section 8.2;
4.6.9 Conduct and oversee Authority operational audits at intervals not to
exceed three years including review of customer access to Authority
programs and benefits, where applicable;
4.6.10 Arrange for an annual independent fiscal audit;
4.6. l l Adopt such bylaws, rules and regulations necessary or desirable for the
purposes set forth in this Agreement and consistent with this Agreement;
4.6.12 Exercise the Specific Powers identified in Sections 3.2 and 4.6 except as
those which the Board may elect to delegate to the Chief Executive
Officer; and
4.6.13 Discharge other duties as appropriate or necessary under this Agreement
or required by law.
4.7 Startup Responsibilities. The Authority shall promptly act on the following
matters:
4.7.1 Oversee the preparation of, adopt, and update an implementation plan for
electrical load aggregation pursuant to Public Utilities Code Section
366.2(c)(3);
4.7.2 Prepare a statement of intent for electrical load aggregation pursuant to
Public Utilities Code Section 366.2(c)(4);
4.7.3 Obtain financing and/or funding as is necessary to support start up and
ongoing working capital for the CCA Program; and
4.7.4 Acquire and maintain insurance in accordance with Section 9.3.
4.8 Meetings and Special Meetings of the Board. The Board shall hold at least four
regular meetings per year, but the Board may provide for the holding of regular
meetings at more frequent intervals. The date, hour, and place of each regular
meeting shall be fixed annually by resolution of the Board. The location of
regular meetings may rotate for the convenience of the Parties, subject to Board
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approval and availabiHty of appropriate meeting space. Regular meetings may be
adjourned to another meeting time. Special meetings of the Board may be called
in accordance with the provisions of Government Code Section 54956. Directors
may participate in meetings telephonically, with full voting righLr,;, only to the
eittent permitted by law. Board meeting agendas generally shall be set, in
consultation with the Board Chair, by the Chief Executive Officer appointed by
the Board pursuant to Section 5.5. The Board itself may add items to the agenda
upon majority vote pursuant to Section 4.11.1.
4.9 Brown Act Applicable. AU meetings of the Board shall be conducted in
accordance with the provisions of the Ralph M. Brown Act (Government Code
Section 54950, et seq.).
4.10 Quorum. A simple majority of the Directors shall constitute a quorum. No
actions may be taken by the Board without a quorum of the Directors present.
4.11 Board Voting. Except for matters subject to Special Voting under Section 4.12,
Board action shall require the affirmative votes of a majority of the Directors on
the entire Board. The consequence of a tie vote shall be "no action" taken.
4.12 Special Voting.
4.12. l The affirmative vote of two-thirds of the Directors of the entire Board
shall be required to take any action on the following:
(a) Issuing bonds or other forms of debt;
(b) Adding or removing Parties or removing Directors; and
{c) Amending or terminating this Agreement or adopting or amending
the bylaws of the Authority except as provided in Sections 3.5 and
4.12.3. At least 30 days advance written notice to the Parties shall
be provided for such actions. Such notice shall include a copy of
any proposed amendment to this Agreement or the bylaws of the
Authority. The Authority shall also provide prompt written notice
to all Parties of the action taken and attach the adopted
amendment, resolution or agreement.
4.12.2 An affirmative vote of three-fourths of the entire Board shall be required
to initiate any action for Eminent Domain and no eminent domain action
shall be approved within the jurisdiction of a Party without the affirmative
vote of such Party's Director.
4.12.3 An unanimous vote of the entire Board shall be required to amend the
fo llowing provisions in this Agreement
(a) Section 2.3 (Purpose of Agreement)
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(b) Section 3.6 (Compliance with Local Zoning)
(c) Sections 4.11 and 4.12 (Voting Requirements)
(d) Section 4.12.2 (Eminent Domain)
(e) Section 6.5 (Power Supply Requirements)
(f) Section 6.6 (Solana Energy Alliance Transition)
S. INTERNAL ORGANIZATION
5.1 Elected and Appointed Officers. For each fiscal year, the Board shall elect a
Chair and Vice Chair from among the Directors and shall appoint a Secretary and
a Treasurer as provided in Government Code section 6505.5. No Director may
hold more than one such office at any time. Appointed officers shall not be
elected officers of the Board.
5.2 Chair and Vice Chair. For each fiscal year, the Board shall elect a Chair and
Vice Chair from among the Directors. The term of office of the Chair and Vice
Chair shall continue for one year, but there shall be no limit on tbe number of
terms held by either the Chair or Vice Chair. The Chair shall be the presiding
officer of all Board meetings. and the Vice Chair shall serve in the absence of the
Chair. The Chair shall perform duties as may be required by the Board. In the
absence of the Chair, the Vice-Chair shall perform all of the Chair's duties. The
office of the Chair or Vice Chair shall be declared vacant and a new selection
shall be made if: (a) the person serving dies, resigns, or the Party that the person
represents removes the person as its representative on the Board, or (b) the Party
that he or she represents withdraws from the Authority pursuant to the provisions
of this Agreement. Upon a vacancy, the position shall be filled at the next
regular meeting of the Board held after such vacancy occurs or as soon as
prachcab\e thereafter.
5.3 Secretary. The Board shall appoint a qualified person who is not on the Board to
serve as Secretary. The Secretary shall be responsible for keeping the minutes of
all meetings of the Board and all other office records of the Authority. If the
appointed Secretary is an employee of any Party, such Party shall be entitled to
reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Secretary of the Authority, and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.4 Treasurer/Chief Financial Officer and Auditor. The Board of Directors shall
appoint a Treasurer who shall function as the combined offices of Treasurer and
Auditor and shall strictly comply with the statutes related to the duties and
responsibilities specified in Section 6505.5 of the Act. The Treasurer for the
Authority shall be the depository and have custody of all money of the Authority
from whatever source and shall draw all warrants and pay demands against the
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Authority as approved by the Board. The Treasurer shall cause an independent
audit(s) of the finances of the Authority to be made by a certified public
accountant, or public accountant, in compliance with Section 6505 of the Act.
The Treasurer shall report directly to the Board and shall comply with the
requirements of treasurers of incorporated municipalities. The Board may
transfer the responsibilities of Treasurer to any qualified person or entity as the
law allows at the time. The duties and obligations of the Treasurer are further
specified in Section 7. The Treasurer shall serve at the pleasure of the Board. If
the appointed Treasurer is an employee of any Party, such Party shall be entitled
to reimbursement for any documented out of pocket costs it incurs in connection
with such employee's service as Treasurer of the Authority. and full cost recovery
for any documented hours of service provided by such employee during such
Party's normal working hours.
5.5 Chief Executive Officer. The Board shall appoint a Chief Executive Officer for
the Authority, who shall be responsible for the day-to-day operation and
management of the Authority and the CCA Program. The Chief Executive Officer
may not be an elected member of the Board or otherwise represent any Party to
the Authority. The Chief Executive Officer may exercise all powers of the
Authority, except those powers specifically reserved to the Board, including but
not limited to those set forth in Section 4.6 (Specific Responsibilities of the
Board) of this Agreement or the Authority's bylaws, or those powers which by
law must be exercised by the Board. The Chief Executive Officer may enter into
and execute power purchase agreements and other contracts, in accordance with
criteria and policies established by the Board.
5.6 General Counsel. The Board shall appoint a qualified person to act as the
Authority's General Counsel, who shall not be a member of the Board, or an
elected official or employee of a Party.
5.7 Bonding of Persons Having Access to Property. Pursuant to the Act, the Board
shall designate the public officer or officers or person or persons who have charge
of, handle, or have access to any property of the Authority exceeding a value as
established by the Board, and shall require such public officer or officers or
person or persons to file an official bond in an amount to be fixed by the Board.
5.8 Privileges and Immunities from Liability. Ail of the privileges and immunities
from liability, exemption from Jaws, ordinances and rules, all pension, relief,
disability, workers' compensation and other benefits which apply to the activities
of officers, agents or employees of a public agency when performing their
respective functions shall apply to the officers, agents or employees of the
Authority to the same degree and extent while engaged in the performance of any
of the functions and other duties of such officers, agents or employees under this
Agreement. None of the officers, agents or employees directly employed by the
Board shall be deemed, by reason of their employment by the Authority to be
employed by the Parties or by reason of their employment by the Authority, to be
subject to any of the requirements of the Parties.
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5.9 Commissions, Boards and Committees. The Board may establish any advisory
commissions, boards, and committees as the Board deems appropriate to assist the
Board in carrying out its functions and implementing the CCA Program, related
energy programs, and the provisions of this Agreement. To lhe extent possible,
the commissions, boards, and committees should have equal representation from
each Party. The Board may establish criteria to qualify for appointment on its
commissions, boards, and committees. The Board may establish rules,
regulations, policies, or procedures to govern any such commissions, boards, or
committees and shall determine whether members shall be entitled to
reimbursement for expenses. The meetings of the commissions, boards, or
committees shall be held in accordance with the requirements of the Ralph M.
Brown Act, as applicable.
6. IMPLEMENTATION ACfiON AND AUTHORITY DOCUMENTS
6.1 Preliminary Implementation of the CCA Program.
6.1. l Enabling Ordinance. In addition to the execution of thls Agreement, each
Party shall adopt an ordinance in accordance with Public Utilities Code
Section 366.2(c)(l2) for the purpose of specifying that the Party intends to
implement a CCA Program by and through its participation in the
Authority.
6.1.2 Implementation Plan. The Authority shall secure Board approval of an
Implementation Plan meeting the requirements of Public Utilities Code
Section 366.2 and any applicable Public Utilities Commission regulations,
and consistent with the terms of this Agreement, as soon after the
Effective Date as reasonably practicable but no later lhan December 31,
2019.
6.2 Authority Documents. The Parties acknowledge and agree that the affairs of the
Authority will be implemented through various documents duly adopted by the
Board through Board resolution or minute action, including but not necessarily
limited to operational procedures and policies, the annual budget, and specific
plans such as a local renewable energy development and integration plan and
other policies defined as the Authority Documents by this Agreement. All such
Authority Documents shall be consistent with and designed to advance the goals
and objectives of the Authority as expressed in this Agreement. The Parties agree
to abide by and comply with the terms and conditions of all such Authority
Documents that may be adopted by the Board, subject to the Parties' right to
withdraw from the Authority as described in Section 8 (Withdrawal and
Termination) of this Agreement.
6.3 Integrated Resource Plan and Regulatory Compliance. The Authority shall
cause to be prepared an Integrated Resource Plan in accordance with California
Public Utilities Commission regulations, and consistent with the terms of this
Agreement, that wiJl ensure the long-term development and admfaistration of a
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variety of energy programs that promote local renewable resources, conservation,
demand response, and energy efficiency, while maintaining compliance with
other regulatory requirements including the State Renewable Portfolio Standard
(RPS) and customer rate competitiveness.
6.4 Renewable Portfolio Standards. The Authority shall provide its customers
energy primarily from Category 1 and Category 2 eligible renewable resources, as
defined under the California RPS and consistent with the goals of the CCA
Program. The Authority shall avoid the procurement of energy from Category 3
eligible renewable resources (unbundled Renewable Energy Credits or RECs) to
the extent feasible. The Authority's ultimate objective shall be to achieve-and
sustain-a renewable energy portfolio with I 00 percent renewable energy
availability and usage, at competitive rates, within the Authority service territory
by no later than 2035, and then beyond.
6.5 Power Supply Requirements. The Authority's power supply base product will
be greater than or equal to 50% qualified renewable resources. The Board shall
establish product options with higher renewable and/or GHG-free content that
each Party may select (such as 75% or 100% renewable content). In no event
will the Authority's power supply base product contain a lesser amount of
renewable resources than the base product provided by SDG&E to its customers.
Power supply options established by the Board will allow each Party the
flexibility to achieve its CAP goals without impeding any other Party from doing
the same.
6.6 Continuation and Transition of City of Solana Beach's Existing CCA
Program. The City of Solana Beach has been operating a CCA program within
its jurisdiction since 2018. The City of Solana Beach shall be permitted to
continue to operate its existing CCA program until the Authority's CCA Program
commences service to customers within the jurisdiction of the City of Solana
Beach. The transition of CCA customers within the City of Solana Beach to the
Authority's CCA Program shall be implemented in accordance with the
Authority's implementation plan approved by the Board and certified by the
CPUC ~d any policies and requirements established by the Board.
7. FINANCIAL PROVISIONS
7.l Ftseal Year. The Authority's fiscal year shall be 12 months commencing July I
and ending June 30. The fiscal year may be changed by Board resolution.
7.2 Depository.
7 .2.1 All funds of the Authority shall be held in separate accounts in the name
of the Authority and not commingled with funds of any Party or any other
person or entity.
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7.2.2 All funds of the Authority shall be strictly and separately accounted for,
and regular reports shall be rendered of all receipts and disbursements, at
least quarterly during the fiscal year. The books and records of the
Authority shall be open to inspection and duplication by the Parties at all
reasonable times. Annual financial statements shall be prepared in
accordance with Generally Accepted Accounting Principles of the United
States of America within 6 months of the close of the fiscal year. The
Board shall contract with a certified public accountant to make an annual
audit of the financial statements of the Authority, which shall be
conducted in accordance with the requirements of Section 6505 of the Act.
7.2.3 All expenditures shall be made in accordance with the approved budget
and upon the approval of any officer so authorized by the Board in
accordance with its policies and procedures.
7 .3 Budget and Recovery Costs.
7.3.1 Budget. The initial budget shall be approved by the Board. The Board
may revise the budget from time to time as may be reasonably necessary
to address contingencies and unexpected expenses. All subsequent
budgets of the Authority shall be prepared and approved by the Board in
accordance with its fiscal management policies that should include a
deadline for approval.
7 .3.2 Funding of Initial Costs. The Initial Costs of establishing the Authority
and implementing its CCA Program shall be divided equally among the
Founding Members. In the event that the CCA Program becomes
operational, these Initial Costs paid by the Founding Members shall be
included in the customer charges for electric services to the extent
permitted by law. The Authority may establish a reasonable time period
over which such costs are recovered and reimbursed to the Founding
Members. In the event that the CCA Program does not become
operational, the Founding Members shall not be entitled to any
reimbursement of the Initial Costs they have paid from the Authority or
any Party.
7.3.3 CCA Feasibility and Governance Report Costs. In the event that the CCA
Program becomes operational, any costs incurred by the Parties in
preparing CCA Feasibility or Governance Reports in connection with
establishing the Authority shall be included in the customer charges for
electric services to the extent permitted by law. The Authority may
establish a reasonable time period over which such costs are recovered and
reimbursed to the Parties that incurred such costs. In the event that the
CCA Program does not become operational, no Party shall be entitled to
any reimbursement of these costs from the Authority or any Party.
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7.3.4 Program Costs. The Parties intend that all costs incurred by the Authority
that are directly or indirectly attributable to the provision of electric or
other services under the CCA Program, including the establishment and
maintenance of various reserve and performance funds, shall be recovered
through appropriate charges to CCA customers receiving such services.
7.3.5 No Requirement for Contributions or Payments. Parties are not required
under this Agreement to make any financial contributions or payments to
the Authority, and the Authority shall have no right to require such a
contribution or payment unless expressly set forth herein (for example, as
provided in Section 2.4.3, with respect to Additional Members, Section
7 .3.2 with respect to Initial Costs and Section 8.1, with respect to
Withdrawal), or except as otherwise required by law.
Notwithstanding the foregoing, a Party may voluntarily enter into an
agreement with the Authority to provide the following:
(a) contributions of public funds for the purposes set forth in this
Agreement;
(b) advances of public funds for the purposes set forth in this
Agreement, such advances to be repaid as provided by such written
agreement; or
(c) its personnel, equipment or property in lieu of other contributions
or advances.
No Party shall be required, by or for the benefit of the Authority, to adopt
any local tax, assessment, fee or charge under any circumstances.
7.4 Accounts and Reports. The Treasurer shall establish and maintain such funds
and accounts as may be required by good accounting practice or by any provision
of any trust agreement entered into with respect to the proceeds of any bonds
issued by the Authority. The books and records of the Authority in the bands of
the Treasurer shall be open to inspection and duplication at all reasonable times
by duly appointed representatives of the Parties. The Treasurer, within 180 days
after the close of each fiscal year, shall give a complete written report of all
financial aclivities for such fiscal year to the Parties. The Treasurer shall
cooperate with all audits required by this Agreement.
7 .5 Funds. The Treasurer shall receive, have custody of and/or disburse Authority
funds in accordance with the laws applicable to public agencies and generally
accepted accounting practices, and shall make the disbursements required by this
Agreement in order to carry out any of the purposes of this Agreement.
7.6 Discretionary Revenues. The Board shall establish policies concerning the
expenditure of discretionary revenues. As determined by the Board in such
policies, discretionary revenues may be used to (I} provide programs and develop
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projects of the Authority or (2) allow Parties to direct funds into qualified
Authority programs and projects, or provide other ratepayer benefits. The Board
shall endeavor to achieve a balanced distribution of program and project benefits
substantially commensurate with each Party's energy load ("balanced
distribution"). The Board shall conduct periodic audits no less than every two
years in order to verify the balanced distribution of program and project benefits
and take any corrective action necessary to achieve or continue to maintain a
balanced distribution.
7.7 Rate Related Programs. The Authority will maintain residential net energy
metering and low-income rate discount programs.
8. WITHDRAWAL AND TERMINATION
8. I Withdrawal
8.1.1 Withdrawal by Parties. Any Party may withdraw its membership in
the Authority, effective as of the beginning of the Authority's fiscal
year, by giving no less than one year advance written notice of its
election to do so, which notice shall be given to the Authority and
each Party. The Board, in its discretion, may approve a shorter notice
period on a case by case basis. In addition, a Party may immediately
withdraw its membership in the Authority upon written notice !O the
Board at any time prior to the Authority filing its first year-ahead load
forecast with the CPUC that included the Party's load (anticipated to
occur in April 2020) without any financial obligation other than its
share of Initial Costs that shall not be reimbursed and any costs
directly related to the resulting amendment of the Implementation
Plan. Withdrawal of a Party shall require an affirmative vote of the
Party's Governing Body.
8.1.2 Amendment. Notwithstanding Section 8. l. l (Withdrawal by Parties)
of this Agreement, a Party may withdraw its membership in the
Authority upon approval and execution of an amendment to this
Agreement provided that the requirements of this Section 8.1.2 are
strictly followed. A Party shall be deemed to have withdrawn its
membership in the Authority effective one year (or earlier if approved
by the Board) after the Board approves an amendment to this
Agreement if the Director representing such Party bas provided notice
to the other Directors immediately preceding the Board's vote of the
Party's intention to withdraw its membership in the Authority, should
the amendment be approved by the Board.
8.1.3 Continuing Liability; Further Assurances. A Party that withdraws its
membership in the Authority may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund)
of this Agreement, including, but not limited to, power purchase
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agreements and other Authority contracts and operational obligations.
The withdrawing Party and the Authority'shall execute and deliver all
further instruments and documents and take any further action that
may be reasonably necessary, as determined by the Board, to
effectuate the orderly withdrawal of such Party from membership in
the Authority. The Board shall also consider, pursuant to Section
3.2.12, adoption of a policy that allows a withdrawing Party to
negotiate assignment to the Party of costs of electric power or other
resources procured on behalf of its customers by the Authority upon
its withdrawal. In the implementation of this Section 8.1.3, the
Parties intend, to the maximum extent possible, without
compromising the viability of ongoing Authority operations, that any
claims, demands, damages, or liabilities covered hereunder, be funded
from the rates paid by CCA Program customers located within the
service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself.
8.2 Termination of CCA Program. Nothing contained in Section 6 or elsewhere in
this Agreement shall be construed to limit the discretion of the Authority to
terminate the implementation or operation of the CCA Program at any time in
accordance with any applicable requirements of state law.
8.3 Involuntary Termination. This Agreement may be terminated with respect to a
Party for material non-compliance with provisions of this Agreement or Authority
Documents upon a two-thirds vote of the entire Board excluding the vote of the
Party subject to possible termination. Prior to any vote to terminate this
Agreement with respect to a Party, written notice of the proposed termination and
the reason(s) for such termination shall be delivered to the Party whose
termination is proposed at least 30 days prior to the regular Board meeting at
which such matter shall first be discussed as an agenda item. The written notice
of proposed tennination shall specify the particular provisions of this Agreement
or the Authority Documents that the Party has allegedly violated. The Party,
subject to possible termination, shall have the opportunity at the next regular
Board meeting to respond to any reasons and allegations that may be cited as a
basis for termination prior to a vote regarding termination. A Party that has had
its membership in the Authority terminated may be subject to certain continuing
liabilities, as described in Section 8.5 (Continuing Liability; Refund) of this
Agreement.
8.4 Mutual Termination. This Agreement may be terminated by mutual agreement
of all the Parties; provided, however, the foregoing shall not be construed as
limiting the rights of a Party to withdraw its membership in the Authority, and
thus terminate this Agreement with respect to such withdrawing Party, as
described in Section 8.1 (Withdrawal) of this Agreement.
8.5 Continuing Liability; Refund. Upon a withdrawal or involuntary termination of
a Party, the Party shall be responsible for any claims, demands, damages, or
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liabilities attributable to the Party through the effective date of its withdrawal or
involuntary termination, it being agreed that the Party shall not be responsible for
any claims, demands, dam.ages, or liabilities commencing or arising after the
effective date of the Party's withdrawal or involuntary termination.
Notwithstanding the foregoing or any other provisions of this Agreement, such
Party also shall be liable to the Authority for (a) any damages, losses, or costs
incurred by the Authority which result directly from the Party's withdrawal or
termination, including but not limited to costs arising from the resale of capacity,
electricity, or any attribute thereof no longer needed to serve such Party's load;
and (b) any costs or obligations associated with the Party's participation in any
program in accordance with the program's terms, provided such costs or
obligations were incurred prior to the withdrawal of the Party. From and after the
date a Party provides notice of its withdrawal or is terminated, the Authority shall
reasonably and in good faith seek to mitigate any costs and obligations to be
incurred by the withdrawing or terminated Party under this Section through
measures reasonable under the circumstances, provided that this obligation to
mitigate does not impose any obligation on the Authority to transfer any cost or
obligation directly attributable to the membership and withdrawal or termination
of the withdrawing or terminated party to the ratepayers of the remaining
members. Further, the liability of the withdrawing or terminated Party shall be
based on actual costs or damages incurred by the Authority and shall not include
any penalties or punitive charges imposed by the Authority. The Authority may
withhold funds otherwise owing to the Party or may require the Party to deposit
sufficient funds with the Authority, as reasonably detennined by the Authority, to
cover the Party's liability for the costs described above. The withdrawing or
terminated Party agrees to pay any such deposit determined by the Authority.
Any amount of the Party's funds held on deposit with the Authority above that
which is required to pay any liabilities or obligations shall be returned to the
Party. In the implementation of this Section 8.5, the Parties intend, to the
maximum extent possible, without compromising the viability of ongoing
Authority operations, that any claims, demands, damages, or liabilities covered
hereunder, be funded from the rates paid by CCA Program customers located
within the service territory of the withdrawing Party, and not from the general
fund of the withdrawing Party itself. The liability of a withdrawing Party under
this Section shall be only to the Authority and not to any other Party.
8.6 Disposition of Authority Assets. Upon termination of this Agreement and
dissolution of the Authority by all Parties, after payment of all obligations of the
Authority, the Board may sell or liquidate Authority property and shall distribute
any remaining assets to the Parties in proportion to the contributions made by the
existing Parties. Any assets provided by a Party to the Authority shall remain the
asset of that Party and shall not be subject to distribution under this section.
9. MISCELLANEOUS PROVISIONS
9.1 Dispute Resolution. The Parties and the Authority shall make reasonable efforts
to settle all disputes arising out of or in connection with this Agreement. Before
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exercising any remedy provided by law, a Party or the Parties and the Authority
shall engage in nonbinding mediation in the manner agreed upon by the Party or
Parties and the Authority. The Parties agree that each Party may specifically
enforce this section. In the event that nonbinding mediation is not initiated or does
not resull in the settlement of a dispute within 60 days after the demand for
mediation is made, any Party and the Authority may pursue any remedies
provided by Jaw.
9.2 Liability of Directors, Officers, and Employees. The Directors, officers, and
employees of the Authority shall use ordinary care and reasonable diligence in the
exercise of their powers and in the performance of their duties pursuant to this
Agreement. No current or former Director, officer, or employee will be
responsible for any act or omission by another Director, officer, or employee.
The Authority shall defend, indemnify and hold harmless the individual current
and former Directors, officers, and employees for any acts or omissions in the
scope of their employment or duties in the manner provided by Government Code
Section 995 et seq. Nothing in this section shall be construed to limit the defenses
available under the law, to the Parties, the Authority, or its Directors, officers, or
employees. In addition, pursuant to the Act, no Director shall be personally liable
on the Authority's bonds or be subject to any personal liability or accountability
by reason of the issuance of bonds.
9.3 Insurance and Indemnification of Parties. The Authority shall acquire such
insurance coverage as is necessary to protect the interests of the Authority and the
Parties. The Authority shall defend, indemnify and hold harmless the Parties and
each of their respective governing board members, officers, agents and
employees, from any and all claims, losses, damages, deductibles or self-insured
retentions, costs, fines, penalties, injuries and liabilities of every kind arising
directly or indirectly from the conduct, activities, operations, acts, errors,
omissions or negligence of the Authority or its officers, employees, agents,
contractors, licensees or volunteers.
9.4 No Third Party Beneficiaries. The provisions of this Agreement are for the sole
benefit of the Parties and the Authority and not for the benefit of any other person
or entity. No third party beneficiary shall be created by or arise from the
provisions of this Agreement.
9.5 Notices. Any notice required or permitted to be made hereunder shall be in
writing and shall be delivered in the manner prescribed herein at the principal
place of business of each Party. The Parties may give notice by (I) personal
delivery; (2) e-mail; (3) U.S. Mail, first class postage prepaid, or a faster delivery
method; or (3) by any other method deemed appropriate by the Board.
Upon providing written notice to all Parties, any Party may change the designated
address or e-mail for receiving notice.
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All written notices or correspondence sent in the described manner will be
deemed given to a party on whichever date occurs earliest: (1) the date of personal
delivery; (2) the third business day following deposit in the U.S. mail, when sent
by "first class" mail; or (3) the date of transmission, when sent by e-rnail or
facsimile.
9.6 Successors. This Agreement shall be binding upon and shall inure to the benefit
of the successors of each Party.
9.7 Assignment. Except as otherwise expressly provided in this Agreement, the
rights and duties of the Parties may not be assigned or delegated without the
advance written consent of all of the other Parties, and any attempt to assign or
delegate such rights or duties in contravention of this section shall be null and
void. This Agreement shall inure to the benefit of, and be binding upon, the
approved assigns of the Parties. This section does not prohibit a Party from
entering into an independent agreement with another agency, person, or entity
regarding the financing of that Party's contributions to the Authority, or the
disposition of the proceeds which that Party receives under this Agreement, so
long as such independent agreement does not affect, or purport to affect, the rights
and duties of the Authority or the Parties under this Agreement.
9.8 Amendment. This Agreement may be amended by a written amendment
approved by the Board in accordance with the Special Voting requirements of
Section 4.12.
9.9 Severability. ,If any one or more of the terms, provisions, promises, covenants. or
conditions of this Agreement were adjudged invalid or void by a court of
competent jurisdiction, each and all of the remaining terms, provisions, promises,
covenants, and conditions of this Agreement shall not be affected thereby and
shall remain in full force and effect to the maximum extent permitted by law.
9. \0 Governing Law. This Agreeµ1ent is made and to be performed in the State of
California, and as such California substantive and procedural law shall apply.
9.1 l Headings. The section headings herein are for convenience only and are not to
be construed as modifying or governing the language of this Agreement.
9.12 Counterparts. This Agreement may be executed in any number of count~rpartS,
and upon execution by all Parties, each executed counterpart shall have the same
force and effect as an original instrument and as if all Parties had signed the same
instrument. Any signature page of this Agreement may be detached from any
counterpart of this Agreement without impairing the legal effect of any signatures
thereon and may be attached to another counterpart of this Agreement identical in
form hereto but having attached to it one or more signature pages.
The Parties hereto have executed this Joint Powers Agreement establishing the Clean Energy
Alliance.
-22 ·
CITY OF ____________ _
By:
City Manager
DATE: ____________ _
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
-23 -
Exhibit A: Definitions
Resolution 2019-136
Exhibit A
"AB 117" means Assembly Bill 117 (Stat. 2002, Ch. 838, codified at Public Utilities Code
Section 366.2), which created Community Choice Aggregation.
"Act" means the Joint Exercise of Powers Act of the State of California (Chapter 5, Division 7,
Title l of the Government Code commencing with Section 6500).
"Agreement" means this Joint Powers Agreement.
"Aulhority" means the Clean Energy Alliance.
"Authority Document(s)" means document(s) duly adopted by the Board by resolution or motion
implementing the powers, functions and activities of the Authority, including but not
limited to the Operating Policies and Procedures, the annual budget, and plans and
policies.
"Board" means the Board of Directors of the Authority.
"Community Choice Aggregation" or "CCA" means an electric service option available to cities,
counties, and other public agencies pursuant to Public Utilities Code Section 366.2.
"CCA Program" means the Authority's Community Choice Aggregation program established,
conducted and operated under Public Utilities Code Section 366.2.
''Days" shall mean calendar days unless otherwise specified by this Agreement.
"Director" means a member of the Board representing a Party appointed in accordance with
Sections 4.1 (Board of Directors) and 4.2 (Appointment and Removal of Directors) of
this Agreement.
"Effective Date" means the date on which the Agreement shall become effective and the
Authority shall exist as a separate public agency, as further described in Section 2.1
(Effective Date and Term) of this Agreement.
"Founding Member" means any jurisdiction that becomes a member of the Authority before
October I, 2020, as identified in Exhibit B.
"Governing Body" means for any city, its City Council; and for any other public agency, the
equivalent policy maldng body that ex.ercises ultimate decision-making authotity over
such agency.
"Initial Costs" means reasonable and necessary implementation costs advanced by the Founding
Members in support of the formation of the Authority and approved by the Board for
reimbursement, which are (a) directly related to the establishment of the Authority and its
CCA program, and (b) incurred by the Authority or its Members relating to the initial
operation of the Authority, such as the hiring of the executive and operations staff, any
required accounting, administrative, technical and legal services in support of the
Authority's initial formation activities or in support of the negotiation, preparation and
approval of power purchase agreements, and activities associated with drafting and
obtaining approval of the Authority's implementation plan. Initial Costs do not include
costs associated with the investigation of the CCA model, attendance at routine planning
meetings, or a Party's pre-formation reports related to their decision to pursue CCA or
join the Authority. Initial costs also do not include the costs incurred by the City of
Solana Beach relating to the termination of its CCA program. The Authority Board shall
determine the repayment timing and termination date for the Initial Costs.
"Investor Owned Utilities" means a privately-owned electric utility whose stock is publicly
traded and is subject to CPUC regulation.
''Parties" means, collectively, the signatories to this Agreement that have satisfied the conditions
as defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that they are considered members of the Authority.
"Party" means, singularly, a signatory to this Agreement that has satisfied the conditions as
defined above for "Founding Members" or in Section 2.4 (Addition of Parties) of this
Agreement, such that it is considered a member of the Authority.
-2 -
Exhibit B: List of Founding Members
Resolution 2019-136
Exhibit A
Any public agency that becomes a member by October 1, 2020
RESOLUTION CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF SAN DIEGO SS.
CITY OF SOLANA BEACH ·
I, ANGELA IVEY, City Clerk of the City of Solana Beach, California, DO HEREBY
CERTIFY that the foregoing is a full, true and correct copy of Resolution 2019-136
approving and authorizing the execution of the Joint Exercise of Powers Agreement creating
the Clean Energy Alliance as duly passed and adopted at a Regular Solana Beach City
Council meeting held on the 9th day of October, 2019. The original is on file in the City Clerk's
Office.
CERTIFICATION DATE: __ a___.0~J-/ _ _:iS__ ___ , 2019