October 15, 2012 Advice Letter 2716-E Akbar Jazayeri Vice ...

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Advice Letter 2716-E is effective August 2, 2012 per Resolution E-4513. Sincerely, ... Advice Letter Nos.: 2716E. Date AL filed: April 13, 2012. Fax No.: N/ A.
STATE OF CALIFORNIA

Edmund G. Brown Jr. Governor

PUBLIC UTILITIES COMMISSION SAN FRANCISCO, CA 94102-3298

October 15, 2012

Advice Letter 2716-E

Akbar Jazayeri Vice President, Regulatory Operations Southern California Edison Company P O Box 800 Rosemead, CA 91770

Subject: Deviations in (1)SCE’s CREST Excess Sales Agreement (Form 14-785) for United States Forest Service and (2)Interconnection Agreements (Forms 14773 and 14-744) for Federal Agencies

Dear Mr. Jazayeri: Advice Letter 2716-E is effective August 2, 2012 per Resolution E-4513.

Sincerely,

Edward F. Randolph, Director Energy Division

ADVICE LETTER (AL) SUSPENSION NOTICE ENERGY DIVISION

Utility Name: Southern California Edison Utility No./Type: U 338-E Advice Letter Nos.: 2716E Date AL filed: April 13, 2012 Utility Contact Person: Susan Quon Utility Phone No.: (626) 302-2086

Date Utility Notified: April 20, 2012 via: email [X] E-Mail to: [email protected] Fax No.: N/A ED Staff Contact: Adam Schultz For Internal Purposes Only:)

Date Calendar Clerk Notified _____/_____/_______ Date Commissioners/Advisors Notified ___/___/___ [X] INITIAL SUSPENSION (up to 120 DAYS from the expiration of the initial review period) This is to notify that the above-indicated AL is suspended for up to 120 days beginning April 20, 2012 for the following reason(s) below. If the AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division extends beyond the expiration of the initial suspension period, the advice letter will be automatically suspended for up to 180 days beyond the initial suspension period. [X] A Commission Resolution is Required to Dispose of the Advice Letter [X] Advice Letter Requests a Commission Order [X] Advice Letter Requires Staff Review The expected duration of initial suspension period is 120 days [ ] FURTHER SUSPENSION (up to 180 DAYS beyond initial suspension period) The AL requires a Commission resolution and the Commission’s deliberation on the resolution prepared by Energy Division has extended beyond the expiration of the initial suspension period. The advice letter is suspended for up to 180 days beyond the initial suspension period.

_____________________________________________ If you have any questions regarding this matter, please contact Adam Schultz at [email protected] cc: Maria Salinas Junaid Rahman Rachel Peterson

* Note: reference – Decision D.02-02-049, dated February 21, 2002, and Rule 7.5 in appendix A of D.O7-01-024

Akbar Jazayeri Vice President of Regulatory Operations

April 13, 2012 ADVICE 2716-E (U 338-E) PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ENERGY DIVISION SUBJECT:

Deviations in (1) Southern California Edison Company’s CREST Excess Sales Agreement (Form 14-785) for United States Forest Service and (2) Interconnection Agreements (Forms 14-773 and 14-744) for Federal Agencies

Southern California Edison Company (SCE) hereby submits for filing the following changes to its tariff schedules. The revised tariff sheets are listed in Appendix A and are attached hereto. PURPOSE Pursuant to General Order (GO) 96-B, General Rule 8.2.3, this advice letter submits two sets of separate tariff changes described in Sections 1 and 2 below1 for approval by the California Public Utilities Commission (CPUC or Commission) to accommodate certain federal agencies who desire to enter into contracts with SCE. First, SCE requests CPUC approval of a one-time modified California Renewable Energy Small Tariff (CREST) Excess Sales Agreement (Form 14-785) to incorporate changes needed specifically for the United States Department of Agriculture, Forest Service (USFS), a federal agency, to participate in the CREST Program. The CREST Excess Sales Agreement is one of the standard CREST Agreements, which individually serve as both the interconnection agreement and power purchase agreement under the CREST Program.2 1

2

SCE consolidated these two separate sets of changes to interconnection agreements in one advice letter filing to accommodate a request by Energy Division. The purpose is to concurrently process modifications to the full set of interconnection agreements anticipated to be used by federal agencies for interconnection of generating facilities. In conjunction with the proposed modifications to the CREST Agreement, SCE has modified the standard Interconnection Facilities Financing and Ownership Agreement (IFFOA) to accommodate

P.O. Box 800

2244 Walnut Grove Ave.

Rosemead, California 91770

(626) 302-3630

FAX (626) 302-4829

ADVICE 2716-E (U 338-E)

-2-

April 13, 2012

The following table summarizes the modified USFS CREST Agreement: Seller

Generation Type

Size

Estimated Annual Energy

Forecasted Initial Operation Date

USFS

Solar photovoltaic

250 kW

200 MWh

May 2012

Term of Agreement 10 years

Energy Price $0.077/kWh (10 yr., 2011 MPR)

Separate from and parallel to the above request, as permitted under GO 96-B, General Rule 8.2.3, SCE requests CPUC approval of modifications to two additional interconnection agreements: the Generating Facility Interconnection Agreement (Multiple Tariff) (GFIA) (Form 14-773) and Customer Generation Agreement (CGA) (Form 14-744). The intent of these proposed modifications to the interconnection agreements is to facilitate the interconnection of renewable energy facilities by the Federal agencies to SCE’s electrical system, and to round out the standardized interconnection agreements to be made available to federal agencies for their anticipated future needs.3 In accordance with GO 96-B, the confidentiality of information included in this advice letter is described below. This advice letter contains both confidential and public appendices as listed below: Appendix A: List of Revised Tariff Sheets Confidential Appendix B: Matrix of USFS CREST Agreement Revisions Confidential Appendix C: Comparison of Modified USFS CREST Agreement with SCE’s Pro Forma CREST Agreement Confidential Appendix D: Modified USFS CREST Agreement Appendix E: Matrix of GFIA and CGA Revisions Appendix F: Modified Generating Facility Interconnection Agreement ________________________________ Continued from the previous page

3

USFS. The IFFOA is a cost allocation and ownership agreement related to the interconnection facilities for the generating facility. The IFFOA is an appendix to the CREST Agreement and is incorporated therein, but is not a filed form with the Commission. In Advice 2704-E, filed February 24, 2012, SCE proposed a new standardized Form 16-344-A, Net Energy Metering Agreement for Federal Agencies. Contractual authority to enter into any of these interconnection agreements will be pursuant to the modifications proposed to the Areawide Public Utility Contract for Electric Services, Regulated Energy Management Services and Services Under CPUC-Approved Contracts, Contract No. GS-00P-09-BSD-0666, Modified 2/6/2012, Between the United States of America and Southern California Edison Company, as proposed in Advice 2703-E, filed February 24, 2012. Advice 2703-E was approved by Energy Division with an effective date of March 26, 2012.

ADVICE 2716-E (U 338-E)

-3-

April 13, 2012

Appendix G: Modified Customer Generation Agreement Appendix H: Confidentiality Declaration Appendix I: Proposed Protective Order 1. THE USFS CREST AGREEMENT a. Background The USFS has installed a solar photovoltaic renewable generation facility at its San Dimas, California office. The USFS would like to participate in SCE’s CREST Program, under Schedule CREST, which compensates interconnected SCE retail customers for renewable energy output produced at an electric generation facility. In order to participate in SCE’s CREST Program, the participating customer must sign one of the standard CREST Agreements, which are Forms 14-785 and 14-786, and the IFFOA. b. Proposed Changes To USFS CREST Agreement SCE has been informed by the USFS that it could not sign one of SCE’s standard CREST Agreements because they include, among other things, indemnification language that is contrary to a prohibition on federal agencies agreeing to indemnification where doing so violates the federal Anti-Deficiency Act. The USFS has also asked for other changes to Form 14-785 based on its unique situation as a federal agency subject to federal law. These other changes consist of: (i) the replacement of the governing law language with language that reflects that federal agencies are restricted from agreeing to state law (i.e., where such law may be preempted by federal laws), but can agree to take electric services under SCE’s CPUC-approved contracts; and (ii) the addition of language to reflect that the CPUC has authority to interpret its rules and tariffs related to the CREST Agreements.4 Further changes to accommodate USFS’s unique status are set forth in a matrix in Confidential Appendix B, which also shows the specific modifications in language for the modified USFS CREST Agreement. SCE and USFS also modified Form 14-785 to: (i) provide that the effectiveness of the agreement is subject to CPUC Approval; and (ii) allow the generating facility to deliver energy prior to CPUC Approval, but place any payments under the agreement into a holding account until CPUC Approval. In addition, under federal law, USFS does not have direct authority to enter into the CREST Agreement or IFFOA. Instead, the USFS must rely on the revised “Areawide Agreement” with the United States Government General Services Administration (GSA) and Exhibit D to that agreement to create the contractual authority for USFS and SCE to move forward with the CREST Agreement. More specifically, the parties relied upon the Areawide Public Utility Contract for Electric Services, Regulated Energy Management 4

SCE also made these two changes to the IFFOA.

ADVICE 2716-E (U 338-E)

-4-

April 13, 2012

Services and Services Under CPUC-Approved Contracts, Contract No. GS-00P-09BSD-0666, Modified 2/6/2012, Between the United States of America and Southern California Edison Company, as approved in SCE Advice 2703-E, filed February 24, 2012. Thus, through the revised GSA Areawide Agreement, the contract structure for the USFS CREST Agreement is as follows:

Areawide Agreement

Exhibit D to the Areawide Agreement

CREST Agreement

IFFOA

To reflect this structure, SCE and USFS included a reference in Form 14-785 to the new Exhibit D added to the revised GSA Areawide Agreement. c. Request For Commission Approval Of USFS CREST Agreement With respect to the modified USFS CREST Agreement, the terms are conditioned on the occurrence of final “CPUC Approval,” as it is described in that agreement. In order to satisfy that condition, SCE requests that the Commission issue a resolution no later than 180 days from the date of this advice letter containing: 1. Approval of the modified USFS CREST Agreement in its entirety; 2. A finding that the modified USFS CREST Agreement is consistent with SCE’s CREST Program; 3. A finding that any procurement pursuant to the modified USFS CREST Agreement is procurement from an eligible renewable energy resource for purposes of determining SCE’s compliance with any obligation that it may have to procure eligible renewable energy resources pursuant to the

ADVICE 2716-E (U 338-E)

-5-

April 13, 2012

California Renewables Portfolio Standard (Public Utilities Code Section 399.11 et seq.), Decision (D.)03-06-071, or other applicable law; 4. A finding that the modified USFS CREST Agreement, and SCE’s entry into it, is reasonable and prudent for all purposes, including, but not limited to, recovery in rates of payments made pursuant to the modified USFS CREST Agreement and administrative costs associated with the modified USFS CREST Agreement, subject only to further review with respect to the reasonableness of SCE’s administration of the modified USFS CREST Agreement; 5. A finding that the capacity from the modified USFS CREST Agreement shall count towards SCE’s CREST capacity targets; and 6. Any other and further relief as the Commission finds just and reasonable. SCE believes it is reasonable to seek Commission approval of the modified USFS CREST Agreement and deviations from the CREST tariff for the following reasons: 1. The deviations are a reasonable, unique accommodation to enable the USFS to interconnect its existing San Dimas facility to SCE’s system and begin operations; 2. The deviations are limited to provisions that affect USFS’s unique situation as a federal agency subject to federal law; 3. The deviations preserve the CPUC’s authority to interpret its rules and tariffs related to the CREST Agreements; 4. Any risk exposure to SCE’s customers resulting from the deviations, if any, is negligible; and 5. The deviations will not increase any rate or charge, cause the withdrawal of service, or conflict with any other schedule or rule. d. Confidentiality SCE is requesting confidential treatment of Confidential Appendices B, C, and D to this advice letter, which are related only to the modified USFS CREST Agreement. The information for which SCE is seeking confidential treatment is identified in the Confidentiality Declaration attached as Appendix H. The confidential version of this advice letter will be made available to appropriate parties (in accordance with SCE’s Proposed Protective Order, as discussed below) upon execution of the required nondisclosure agreement. Parties wishing to obtain access to the confidential version of this advice letter may contact Melissa Hovsepian in SCE’s Law Department at [email protected] or (626) 302-6054 to obtain a non-disclosure agreement.

ADVICE 2716-E (U 338-E)

-6-

April 13, 2012

In accordance with GO 96-B, a copy of SCE’s Proposed Protective Order is attached hereto as Appendix I. It is appropriate to accord confidential treatment to the information for which SCE requests confidential treatment in the first instance in the advice letter process because such information is entitled to confidentiality protection pursuant to D.06-06-066 and D.08-04-023, and is required to be filed by advice letter as part of the process for obtaining Commission approval of the USFS CREST Agreement. SCE would object if the information were disclosed in an aggregated format. The information in this advice letter for which SCE requests confidential treatment, the location of the information, and the length of time for which the information should remain confidential, are provided in Appendix H. This information is entitled to confidentiality protection pursuant to D.06-06-066 (as provided in the Investor-Owned Utility (IOU) Matrix) and D.08-04-023. The specific provisions of the IOU Matrix that apply to the confidential information in this advice letter are identified in Appendix H. e. Tier Designation Pursuant to GO 96-B, Energy Industry Rule 5.3, with respect to the modified USFS CREST Agreement, this advice letter is submitted with a Tier 3 designation. f. Effective Date Pursuant to GO 96-B, Energy Industry Rule 5.3, the tariff changes requested in this advice filing pertaining to the CREST Excess Sales Agreement (Form 14-785) for the USFS will become effective upon issuance of a resolution by the Commission containing each of the findings requested herein. 2. THE INTERCONNECTION AGREEMENTS a. Background On February 24, 2012, SCE filed Advice Letters 2703-E and 2704-E seeking Commission approval of the modified GSA Areawide Agreement and a modified Net Energy Metering (NEM) interconnection agreement to accommodate a desire by certain federal agencies (specifically, the National Park Service, USFS, and Veteran’s Administration) to contract for interconnection services for their renewable generation facilities, consistent with federal law. As mentioned above, the modifications to the GSA Areawide Agreement, approved by Energy Division in a letter dated April 3, 2012, allow federal agencies to use the GSA Areawide Agreement for state-regulated utility interconnection services, where a federal agency executes a standardized, CPUCapproved SCE interconnection agreement. In conjunction with these modifications, SCE also agreed to make similar changes to certain standardized interconnection agreements -- the GFIA and the CGA -- in response to requests by these federal agencies and in anticipation of impending customer-generation projects that will require the use of these form agreements.

ADVICE 2716-E (U 338-E)

-7-

April 13, 2012

Accordingly, this advice letter filing requests that the Commission approve the modified GFIA and CGA for use by federal agencies that wish to contract under the modified GSA Areawide Agreement and claim certain restrictions on contracting under federal law. The proposed changes to Forms 14-773 and 14-744 consist of: (i) the replacement of the governing law language with language that is acceptable to the affected federal agencies and recognizes that tariffed electric services are subject to the jurisdiction and regulation by the CPUC; (ii) a change in the term language reflecting these federal agencies’ statement that they cannot agree to a contract term that exceeds 10 years when contracting under the GSA Areawide Agreement (see Federal Acquisition Regulation (FAR) 41.103(b) (48 CFR 41.103(b)); and (iii) a change to reflect that federal agencies may elect to contract for interconnection services under the revised GSA Areawide Agreement and that Exhibit D of the GSA Areawide Agreement will be treated as a part of SCE’s interconnection agreement for these agencies. A matrix showing the specific modifications to the GFIA and CGA is provided in Appendix E. SCE, GSA, and the agencies identified above have agreed to the language in Forms 14-773-A and 14-744-A that are attached hereto. SCE is requesting CPUC approval to offer Forms 14-773-A and 14-744-A to any federal agency customer, and not just the three federal agencies that have requested these changes. If, however, there is any concern about making the changes in Forms 14-773-A and 14-744-A available to all federal agency customers of SCE that desire interconnection services under the revised GSA Areawide Agreement, then SCE requests that these changes be approved for the Veteran’s Administration so that its installed and under construction renewable generation facilities can be interconnected without further delay. b. Proposed Changes To Interconnection Agreements With respect to the interconnection agreements, Forms 14-773-A and 14-744-A, as modified, will be available only to federal agencies. Requested deviations to the standard GFIA and CGA, Forms 14-773 and 14-744 respectively, are described below: •





Section 13.1 of the GFIA and Section 10.1 of the CGA are replaced with language indicating that tariffed electric services are subject to the jurisdiction and regulation by the CPUC. Section 15 of the GFIA and Section 11 of the CGA are modified to include a reference to a new Exhibit D added to the revised GSA Areawide Agreement. The revised GSA Areawide Agreement was separately approved by the Commission through approval of Advice 2703-E. Section 4.1 of the GFIA and Section 4.1 of the CGA are modified to note that the term of the agreement will not extend beyond 10 years, because federal agencies may be restricted from entering into contracts with a term greater than 10 years.

ADVICE 2716-E (U 338-E)

-8-

April 13, 2012

In addition, SCE’s List of Contracts and Deviations is modified to reflect that the new SCE Forms 14-773-A and 14-744-A are available as an option to any federal agency that desires interconnection services under the revised GSA Areawide Agreement. c. Tier Designation Pursuant to GO 96-B, Energy Industry Rule 5.3, with respect to the modified interconnection agreements, this advice letter is submitted with a Tier 3 designation. d. Effective Date Pursuant to GO 96-B, Energy Industry Rule 5.3(8), SCE requests that the tariff changes to the interconnection agreements (Forms 14-773-A and 14-744-A) for federal agencies in this advice letter filing become effective pending Commission disposition. NOTICE Anyone wishing to protest this advice filing may do so by letter via U.S. Mail, facsimile, or electronically, any of which must be received no later than 20 days after the date of this advice filing. Protests should be mailed to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Avenue San Francisco, California 94102 E-mail: [email protected] Copies should also be mailed to the attention of the Director, Energy Division, Room 4004 (same address above). In addition, protests and all other correspondence regarding this advice letter should also be sent by letter and transmitted via facsimile or electronically to the attention of: Akbar Jazayeri Vice President of Regulatory Operations Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, California 91770 Facsimile: (626) 302-4829 E-mail: [email protected]

ADVICE 2716-E (U 338-E)

-9-

April 13, 2012

Leslie E. Starck Senior Vice President c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5540 E-mail: [email protected] With a copy to: Melissa Hovsepian Attorney 2244 Walnut Grove Avenue Rosemead, California 91770 Facsimile: (626) 302-3990 E-mail: [email protected] There are no restrictions on who may file a protest, but the protest shall set forth specifically the grounds upon which it is based and shall be submitted expeditiously. In accordance with Section 4 of GO 96-B, SCE is serving copies of this advice filing to the interested parties shown on the attached GO 96-B, Rulemaking (R.)11-05-005, R.11-09-011, and R.10-05-004 service lists. Address change requests to the GO 96-B service list should be directed by electronic mail to [email protected] or at (626) 302-2930. For changes to all other service lists, please contact the Commission’s Process Office at (415) 703-2021 or by electronic mail at [email protected]. Further, in accordance with Public Utilities Code Section 491, notice to the public is hereby given by filing and keeping the advice filing at SCE’s corporate headquarters. To view other SCE advice letters filed with the Commission, log on to SCE’s web site at http://www.sce.com/AboutSCE/Regulatory/adviceletters. For questions, please contact Herb Moses at (626) 302-4823 or by electronic mail at [email protected]. Southern California Edison Company

Akbar Jazayeri AJ:hm:sq

Enclosures

CALIFORNIA PUBLIC UTILITIES COMMISSION ADVICE LETTER FILING SUMMARY ENERGY UTILITY MUST BE COMPLETED BY UTILITY (Attach additional pages as needed)

Company name/CPUC Utility No.: Southern California Edison Company (U 338-E) Utility type:

Contact Person: Susan Quon

 ELC

 GAS

 PLC

 HEAT

Phone #: (626) 302-2086  WATER

E-mail: [email protected] E-mail Disposition Notice to: [email protected]

EXPLANATION OF UTILITY TYPE

ELC = Electric PLC = Pipeline

GAS = Gas HEAT = Heat

Advice Letter (AL) #: Subject of AL:

(Date Filed/ Received Stamp by CPUC)

WATER = Water

2716-E

Tier Designation:

3

Deviations in (1) Southern California Edison Company’s AB 1969 CREST Excess Sales Agreement (Form 14-785) for United States Forest Service and (2) Interconnection Agreements (Forms 14-773 and 14-744) for Federal Agencies

Keywords (choose from CPUC listing):

Agreements, Forms

AL filing type:  Monthly  Quarterly  Annual  One-Time  Other If AL filed in compliance with a Commission order, indicate relevant Decision/Resolution #:

Does AL replace a withdrawn or rejected AL? If so, identify the prior AL: Summarize differences between the AL and the prior withdrawn or rejected AL1: Confidential treatment requested?  Yes  No If yes, specification of confidential information: See Appendix H. Confidential information will be made available to appropriate parties who execute a nondisclosure agreement. Name and contact information to request nondisclosure agreement/access to confidential information: Melissa Hovsepian, Law Department, at (626) 302-6054 or [email protected]. Resolution Required?  Yes  No Requested effective date:

14-785-A (upon issuance of a resolution)

No. of tariff sheets:

-4-

14-773-A/14-744-A (effective pending disposition)

Estimated system annual revenue effect: (%): Estimated system average rate effect (%): When rates are affected by AL, include attachment in AL showing average rate effects on customer classes (residential, small commercial, large C/I, agricultural, lighting). Tariff schedules affected:

List of Contracts and Deviations and Table of Contents

Service affected and changes proposed1: Pending advice letters that revise the same tariff sheets:

1

Discuss in AL if more space is needed.

2686-E

Protests and all other correspondence regarding this AL are due no later than 20 days after the date of this filing, unless otherwise authorized by the Commission, and shall be sent to: CPUC, Energy Division Attention: Tariff Unit 505 Van Ness Ave., San Francisco, CA 94102 E-mail: [email protected]

Akbar Jazayeri Vice President of Regulatory Operations Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, California 91770 Facsimile: (626) 302-4829 E-mail: [email protected] Leslie E. Starck Senior Vice President c/o Karyn Gansecki Southern California Edison Company 601 Van Ness Avenue, Suite 2030 San Francisco, California 94102 Facsimile: (415) 929-5540 E-mail: [email protected] With a copy to: Melissa Hovsepian Attorney Southern California Edison Company 2244 Walnut Grove Avenue Rosemead, California 91770 Facsimile: (626) 302-3990 E-mail: [email protected]

Public Utilities Commission

2716-E

Cal. P.U.C. Sheet No.

Title of Sheet

Appendix A Cancelling Cal. P.U.C. Sheet No.

Revised 49722-E Revised 49723-E

List of Contracts & Deviations List of Contracts & Deviations

Revised 49504-E Revised 31079-E

Revised 49724-E Revised 49725-E

Table of Contents Table of Contents

Revised 49575-E Revised 49618-E

1

1H25

General

General

General

General

General

General

General

General

General

General

U.S.A.-Department of the Air Force, Edwards Air Force Base

(To be inserted by utility) Advice 2716-E Decision

Sun Production Company, Santa Barbara Channel

Continental Oil Company, Grubb Lease Site, Ventura, California

Union Oil Company of California Offshore of Summerland, Calif. Santa Barbara County

City of Los Angeles Dept. of Airports, Ontario Airport 6 Contracts

Issued by Akbar Jazayeri Vice President

City of Torrance, for Torrance Airport, 9 Contracts

City of Los Angeles Dept. of Airports Los Angeles International Airport, 6 Contracts

Metricom, Inc., Los Gatos

U.S. Dept. of Ag. Forest Service

04-06-12

G.O. 96-B 8.2.3 Res. E 4513 Advice 2716-E

08-02-12

02-04-85

02-04-85

14-785

GS-1

GS-1

GS-1

GS-1

SCG-1

SCG-2

SCG-2

TOU-8

DWL

Deviation in CREST Agreement

Unmetered Service for radio repeaters

Unmetered service to noise monitoring devices

Unmetered service to noise monitoring devices

Unmetered service to noise monitoring devices

Generating source not a Qualifying Facility

Generating source not a Qualifying Facility

Generating source not a Qualifying Facility

Generation service charges for displaced energy & capacity

Modified rate

Lower rate

(N) | (N)

Cal. PUC Sheet No. Cal. PUC Sheet No.

10 Years

Res. E-3614 Advice 1335-E

G.O. 96-A-X-B Advice 665-E

G.O. 96-A-X-B Advice 665-E

07-31-83

07-10-83

12-01-82

12-01-82

xx-xx-xx

10-29-77

A-6

List of Contracts and Deviations

Termination of Service

Termination of service

Termination of service

Advice 623-E

G.O. 96-A-X-A Advice 620-E

G.O. 96-A-X-A Advice 601-E

G.O. 96-A-X-A Advice 601-E

G.O. 96-B Advice 2686 -E

Res. E-1715

11-25-52

Revised Revised

06-25-84

07-11-84

Termination of service

Upon written notice to the Company

Upon one year's written notice

Upon 90 days written notice

12/31/21

Termination of service

G.O. 96-X-B

Most Comparable Regular Tariff Schedule Contract No. Difference

Cancelling

12-10-82

06-07-83

04-05-79

06-19-79

12/28/11

08-16-77

04-12-39

General

Yr. to Yr.

Date of Execution Expiration

Type or Class of Service

Clear Creek Canyon Homeowners Assn.

Name and Location of Customer RATES - RETAIL U.S. Dept. of Interior Sequoia Nat'l Park, Ash Mountain

Commission Authorization Number Date

LIST OF CONTRACTS AND DEVIATIONS

Southern California Edison Rosemead, California (U 338-E) 49722-E 49504-E

Sheet 1

(Continued)

(To be inserted by Cal. PUC) Date Filed Apr 13, 2012 Effective Aug 2, 2012 Resolution E-4513

2H26

(To be inserted by utility) Advice 2716-E Decision

Issued by Akbar Jazayeri Vice President General General

Edwards Air Force Base Kern/San Bernardino Counties

Calaveras Portland Cement Company

General

General

H & L Tooth Company

Tamco/Industrial Wire

General

Southern California Energy Coalition II

General

General

South Bay Energy Coalition

Tamco/Ferromet

General

Southern California Energy Coalition

Termination of Agreement

Termination of Agreement

Termination of Spot Pricing Amendments (SPA)

Upon 30 days written notice

Upon 30 days written notice

N/A

15 calendar yrs. unless terminated

15 calendar yrs. unless terminated

07-01-97 unless extended

Termination of service

Res. E-3395 Advice 1068-E

Res. E-3395 Advice 1068-E

Res. E-3270 Advice 933-E

Res. E-3237 Advice 909-E

G.O. 96-A-X-B Advice 1609-E

G. O. 96-A Advice 906-E

Res. E-2097 Advice 719-E

Res. E-2097 Advice 718-E

Res. E-2097 Advice 717-E

G.O. 96-A-X-B Advice 849-E

G.O. 96-A-X-B Advice 849-E

11/09/94

11/09/94

05/08/92

10/11/91

08/07/91

06-04-86

06-04-86

06-04-86

12-30-89

12-30-89

Sched. TOU-8

Sched. TOU-8

I-5-A Rule 9

TOU-8

TOU-8

I-3

TOU-8

TOU-8

TOU-8

GS-SP

GS-SP

08-02-12 14-773 14-744

(N) | N)

Deviation from Special Cond. 16

Deviation from Special Cond. 16

Combined meter readings

Flat rate transformer losses

Facilities Charge

Deviation from Special Cond. 10

Demand reductions

Demand reductions

Interruptible Load

Unmetered service to noise monitoring devices.

Unmetered service to noise monitoring devices.

Deviation in Interconnection Agreement

List of Contracts and Deviations

07/22/94

07/22/94

04-02-02

N/A

01-31-86

01-31-86

11-03-82

09-13-89

Termination of service

G.O. 96-B 8.2.3 Res. E -4513 Advice 2716-E

Contract Difference

Revised Revised

General

General

City of Los Angeles Dept. of Airports, Los Angeles International Airport, 10 contracts

08-03-89

10 Years

Most Comparable Regular Tariff Schedule No.

Cancelling

Tamco Steel, Inc.

General

General

Type or Class Date of of Service Execution Expiration

City of Los Angeles Dept. of Airports, Ontario International Airport, 7 contracts

RATES - RETAIL (Continued) U.S. Federal Agencies

Name and Location of Customer

Commission Authorization Number Date

LIST OF CONTRACTS AND DEVIATIONS (Continued)

Southern California Edison Rosemead, California (U 338-E) Cal. PUC Sheet No. Cal. PUC Sheet No. 49723-E 31079-E

Sheet 2

(Continued)

(Continued)

(To be inserted by Cal. PUC) Date Filed Apr 13, 2012 Effective Aug 2, 2012 Resolution E-4513

Southern California Edison Rosemead, California (U 338-E)

Cancelling

Revised Revised

TABLE OF CONTENTS

Cal. PUC Sheet No. Cal. PUC Sheet No.

49724-E 49575-E

Sheet 1

Cal. P.U.C. Sheet No.

TITLE PAGE ....................................................................................................................................11431-E TABLE OF CONTENTS - RATE SCHEDULES ....... 49724-49538-49576-49475-49476-49477-49478-E ........................................................................................................................... 49215-49725-E TABLE OF CONTENTS - LIST OF CONTRACTS AND DEVIATIONS ........................................49725-E TABLE OF CONTENTS - RULES ..................................................................................................49304-E TABLE OF CONTENTS - INDEX OF COMMUNITIES, MAPS, BOUNDARY DESCRIPTIONS ............... 48665-E TABLE OF CONTENTS - SAMPLE FORMS ....................... 48665-49217-48667-49218-49604-48847-E ............................................................................................................... 49044-49605-47529-E

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PRELIMINARY STATEMENT: A. B. C. D. E. F. G. H. I. J. K. L. M. N.

O. P.

Territory Served ...............................................................................................................22909-E Description of Service ......................................................................................................22909-E Procedure to Obtain Service ...........................................................................................22909-E Establishment of Credit and Deposits .............................................................................22909-E General............................................................................... 45178-45179-45180-45181-45182-E Symbols ............................................................................................................................45182-E Gross Revenue Sharing Mechanism ......... 26584-26585-26586-26587-27195-27196-27197-E ........................................................................................................ 27198-27199-27200-27201-E Baseline Service ............................................................... 45183-45598-11880-11881-31679-E Not In Use ................................................................................................................................... -E Palo Verde Balancing Account ................................................................. 47626-44943-44944-E Nuclear Decommissioning Adjustment Mechanism ............................................ 36582-47710-E Purchase Agreement Administrative Costs Balancing Account ......................... 46061-44042-E Income Tax Component of Contributions ........................................................... 47683-27632-E Memorandum Accounts....... 21344-48574-48575-42035-47392-49134-45585-45586-47627-E ........... 49071-42841-42842-44948-44949-44950-44951-44952-44953-42849-42850-42851-E ........... 41717-47876-44297-42855-42856-44341-45252-47628-42860-42861-42862-42863-E ........... 42864-48577-48578-44956-45920-48729-42870-49804-42872-42873-42874-46539-E ........... 42876-42877-42878-42879-42880-42881-42882-48787-44958-42885-44959-42887-E ........... 47275-44960-47098-47358-47359-48580-43806-43889-43890-43891-43892-44029-E ................................................................................................................... 44133-45906-45097-E California Alternate Rates for Energy (CARE) Adjustment Clause..................... 34705-41902-E ................................................................................................................... 36472-38847-49340-E Optional Pricing Adjustment Clause (OPAC) ................... 27670-27671-27672-27673-27674-E

(Continued) (To be inserted by utility) Advice 2716-E Decision 1H7

Issued by Akbar Jazayeri Vice President

(To be inserted by Cal. PUC) Date Filed Apr 13, 2012 Effective Aug 2, 2012 Resolution E-4513

Southern California Edison Rosemead, California (U 338-E)

Cancelling

Revised Revised

TABLE OF CONTENTS

Cal. PUC Sheet No. Cal. PUC Sheet No.

49725-E 49618-E

Sheet 9

(Continued) RATE SCHEDULES (Continued) Schedule No.

Title of Sheet

Cal. P.U.C. Sheet No.

OTHER (Continued) GSN NEM NMDL OBF OBF-2 OBMC PC-TBS PCT PVS PVS-2 RES-BCT RF-E S SE SLRP SPSS TMDL UCLT WATER WI-FI-1 WTR

SCE

Envest Equipment Service .......................................... 17880-17881-17882-17883-E Net Energy Metering ............49175-49176-49177-49178-49179-49180-49181-49182-E ..................................................................... 49183-49184-49185-49186-49187-49188-E New Municipal Departing Load ...... 43778-49465-48799-49466-40316-40313-40317-E ................................................................................ 40318-40319-40320-40321-40322-E On-Bill Financing Program ....................................................................... 41743-41744-E On-Bill Financing Program 2 .................................................................... 46827-46828-E Optional Binding Mandatory Curtailment .......................... 47446-47974-47975-47976-E Procurement Charge Transitional Bundled Service ........ 47447-47448-47449-38146-E Programmable Communicating Thermostat ..................... 45826-44278-47450-45287-E Experimental Photovoltaic Service........................................................... 47451-47452-E On-Grid Photovoltaic Service .................................................................. 19518-19519-E Renewable Energy Self-Generation Bill Credit Transfer .. 45378-45379-45380-45381-E ................................................................................................................... 45382-45383-E Surcharge to Fund Public Utilities Commission Reimbursement Fee ................42723-E Standby ................... 45828-49467-49468-45831-45832-45833-47453-45835-45836-E ....................................................................................................... 45347-47454-45839-E Service Establishment Charge ............................................................................45086-E Scheduled Load Reduction Program ......... 47455-47456-47977-47978-47979-46783-E ............................................................................................ 47980-47981-47982-47983-E Station Power Self-Supply ..................................... 44847-44848-44849-44850-44851-E Transferred Municipal Departing Load ...... 46689-48801-49469-46692-46693-46694-E .........................................46695-46696-46697-46698-46699-46700-46701-46702-E Utility-Controlled Load Tests ...............................................................................39188-E Water Agency Tariff for Eligible Renewables……………..44060-44061-49209-45138-E Schedule WI-FI Pilot Wireless Fidelity Rate ..................... 49470-43036-43037-43038-E Wireless Technology Rate................................................. 49472-36767-43040-49473-E LIST OF CONTRACTS AND DEVIATIONS

LIST OF CONTRACTS AND DEVIATIONS .......... 49722-49723-41515-41516-28418-45945-24944-E ..................................... 17894-17895-17896-45211-17898-47465-48190-33545-47466-49616-E

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(Continued) (To be inserted by utility) Advice 2716-E Decision 9H6

Issued by Akbar Jazayeri Vice President

(To be inserted by Cal. PUC) Date Filed Apr 13, 2012 Effective Aug 2, 2012 Resolution E-4513

APPENDIX B MATRIX OF USFS CREST AGREEMENT REVISIONS

CONFIDENTIAL

APPENDIX C COMPARISON OF MODIFIED USFS CREST AGREEMENT WITH SCE’S PRO FORMA CREST AGREEMENT

CONFIDENTIAL

APPENDIX D MODIFIED USFS CREST AGREEMENT

CONFIDENTIAL

APPENDIX E MATRIX OF GFIA AND CGA REVISIONS

Matrix of GFIA and CGA Revisions Section 4.1 of GFIA and CGA

Change in GFIA TERM AND TERMINATION 4.1

This Agreement shall become effective as of the last date entered in Section 16 of this Agreement (herein, Effective Date). This Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a)

The Parties agree in writing to terminate the Agreement; or

(b)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the electric service account through which Producer’s Generating Facility is interconnected to SCE’s Distribution System is closed or terminated; or

(c)

(d)

At 12:01 A.M. on the 61st day after Producer or SCE provides written Notice pursuant to Section 9 of this Agreement to the other Party of Producer’s or SCE’s intent to terminate this Agreement; or On the tenth anniversary of the Effective Date provided that written notice is given

Change in CGA TERM AND TERMINATION 4.1

This Agreement shall become effective as of the last date entered in Section 13 below (herein, Effective Date). The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a)

The Parties agree in writing to terminate the Agreement, or

(b)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the Customer’s electric Service Account through which the Generating Facility is Interconnected to SCE’s Distribution System is closed or terminated, or

(c)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the 31st day following the date the Generation Interconnection and Operating Arrangements are terminated, unless the responsibility for

Summary This provision is modified to note that the term of the Agreement will not extend beyond 10 years, because federal agencies may be restricted from entering into contracts with a term greater than 10 years.

30 days before this date.

13.1 of GFIA and 10.1 of CGA

such Generation Interconnection and Operating Arrangements is assigned to or replaced by a subsequent Producer. The Parties shall cooperate in obtaining an assignment or replacement agreement, or (d)

At 12:01 A.M. on the 61st day after Customer or SCE provides written Notice pursuant to Section 6 below to the other Party of the Customer or SCE’s intent to terminate this Agreement; or

(e)

On the tenth anniversary of the Effective Date provided that written notice is given 30 days before this date.

GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF SCE’s TARIFF SCHEDULES, DEFINED TERMS

GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF SCE’s TARIFFS, DEFINED TERMS

13.1 Matters involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided under this Agreement are subject to the jurisdiction and regulation of the California Public Utilities Commission except to the extent that same are determined to be preempted by Federal law.

10.1

This Agreement shall be interpreted, governed, and

This Agreement shall be interpreted, governed,

Matters involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided under this Agreement are subject to the jurisdiction and regulation of the California Public Utilities Commission except to the extent that same are determined to be preempted by Federal law.

This provision replaces the governing law language to reflect that tariffed electric services are subject to the jurisdiction and regulation by the CPUC.

15 of GFIA and 11 of CGA

construed under the laws of the State of California as if executed and to be performed wholly within the State of California without giving effect to choice of law provisions that might apply to the law of a different jurisdiction.

and construed under the laws of the State of California as if executed and to be performed wholly within the State of California without giving effect to choice of law provisions that might apply to the law of a different jurisdiction.

ENTIRE AGREEMENT

AMENDMENTS AND MODIFICATION

This Agreement, and Exhibit D of the GSA Areawide Agreement, where Exhibit D is used by the Customer, contain the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement.

11.1 This Agreement can only be amended or modified by a written agreement signed by both Parties. SCE shall determine in its sole discretion whether prior commission approval is required for such amendments or modifications.

This Agreement, including any incorporated tariff schedules and rules, contains the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement or in the incorporated tariff schedules and rules.

11.2 This Agreement, and Exhibit D of the GSA Areawide Agreement, where Exhibit D is used by the Customer, contain the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement.

This provision is modified to include a reference to a new Exhibit D added to the revised GSA Areawide Agreement.

APPENDIX F MODIFIED GENERATING FACILITY INTERCONNECTION AGREEMENT

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

This Generating Facility Interconnection Agreement (Multiple Tariff) (“Agreement”) is entered into by and between (Enter customer name) ___________________________________________________ _________________________________________________________________________________ __________________________ a _____________________________________________________ _______________________________________________________________________ corporation (Please verify corporate name and indicate state of incorporation) (“Producer”), and Southern California Edison Company (“SCE”), a California corporation. Producer and SCE are sometimes also referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises and obligations stated in this Agreement and its Appendices, the Parties agree as follows: 1. SCOPE AND PURPOSE 1.1 This Agreement provides for Producer to interconnect and operate a Generating Facility in parallel with SCE’s Distribution System to serve the electrical loads at the location identified in Section 2.4 (or for the qualifying energy where permitted under Section 218 of the California Public Utilities Code (“PUC”). The Generating Facility may consist of any combination of (a) generator(s) for which Producer qualifies as an “eligible customer-generator” for net energy metering service pursuant to PUC Sections 2827 through 2827.10 (“Eligible Generator(s)”), and (b) other generator(s) (“Non-Eligible Generator(s)”). Pursuant to PUC Sections 2827 through 2827.10, an Eligible Generator can employ any of the following technologies: solar, wind turbine, biogas digester or fuel cell. 1.2 This Agreement provides for Producer to operate the Eligible Generator(s) pursuant to the provisions of Section 2827 of the California Public Utilities Code and the applicable SCE tariffs for net energy metering. This Agreement also provides for Producer to operate its Non-Eligible Generator(s). This Agreement does not provide for retail electrical service by SCE to Producer. Such arrangements must be made separately between SCE and Producer. 1.3 This Agreement does not address Producer’s account billing and payment for energy consumption. For the Generating Facility as specified in Section 2 of this Agreement, please refer to the applicable SCE net-energy-metered (NEM) tariff schedules for billing and payment protocol. 2.

SUMMARY AND DESCRIPTION OF PRODUCER’S GENERATING FACILITY 2.1

2.2 2.3 2.4

A description of the Generating Facility, including a summary of its significant components and a single-line diagram showing the arrangement of how Producer’s Generating Facility and loads are interconnected with SCE’s Distribution System are attached hereto as Appendix A and incorporated herein by reference. Generating Facility identification number :__________________( Assigned by SCE). Producer’s SCE service account number :__________________( Assigned by SCE). Name and address used by SCE to locate the electric service account(s) used to interconnect the Generating Facility with SCE’s Distribution System. Name: __________________________________________________________ Address: __________________________________________________________ City: ________________________________________CA 9______________

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1 SCE Use Only 3-

-

-

GFID

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

2.5

The Gross Nameplate Rating of the Generating Facility is: 2.5.1

Eligible Generator(s): Solar: _____ kW Wind: _____ kW Biogas Digester: _____ kW Fuel Cell _____ kW

2.6

2.5.2

Non-Eligible Generator(s): _____ kW

2.5.3

Total Gross Nameplate Rating of the Generating Facility: _____ kW

The Net Nameplate Rating of the Generating Facility is: 2.6.1

Eligible Generator(s): Solar: _____ kW Wind: _____ kW Biogas Digester: _____ kW Fuel Cell _____ kW

2.7

2.6.2

Non-Eligible Generator(s): _____ kW

2.6.3

Total NET Nameplate Rating of the Generating Facility: _____ kW

The maximum level of power that may be exported by the Generating Facility to SCE’s Distribution System is expected to be: 2.7.1

Eligible Generator(s): Solar: _____ kW Wind: _____ kW Biogas Digester: _____ kW Fuel Cell _____ kW

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2.7.2

Non-Eligible Generator(s): _____ kW

2.7.3

Total maximum level of power that may be exported by the Generating Facility: _____ kW

2

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

2.8

The Generating Facility’s expected date of Parallel Operation is ___________. The expected date of Parallel Operation shall be within two years of the date of this Agreement.

2.9

For the purpose of securing certain tariff charge exemptions available under the California Public Utilities Code, Producer hereby represents that each of the following of its Generator(s) meet the requirements for “Distributed Energy Resource Generation” as such term is used in Section 353.1 of the Public Utilities Code. (Please elect option) Solar - ___ YES / ___ NO Wind Turbine - ___ YES / ___ NO Biogas Digester - ___ YES / ___ NO Fuel Cell - ___ YES / ___ NO Other technology - ___ YES / ___ NO

3.

2.10

For the purpose of securing the CTC exemption.

2.11

What applicable rate schedule, known as the “otherwise applicable tariff” will be selected for the net energy metering (NEM) account(s):

DOCUMENTS INCLUDED; DEFINED TERMS 3.1

3.2

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This Agreement includes the following exhibits, which are specifically incorporated herein and made a part of this Agreement. Appendix A -

Description of Generating Facility and Single-Line Diagram (Supplied by Producer).

Appendix B -

Information concerning Rules 2 and 21 and other selected rules and tariffs of SCE (Supplied by SCE).

Appendix C -

(When Applicable) A copy of an agreement addressing Interconnection Facility financing and ownership (Supplied by SCE).

Appendix D -

(When Applicable) Producer’s warranty that the Generating Facility meets the requirements for “Distributed Energy Resources Generation” as defined in Section 353.1 of the California Public Utilities Code.

Appendix E -

(When Applicable) Listing of eligible service accounts, as defined in SCE’s Schedule BG-NEM Special Condition 2, to be included in Net Energy Metering calculations.

Appendix F -

(When Applicable) Producer’s warranty that it meets the requirements for an “Eligible Biogas Digester customer-generator” and that the Generating Facility meets the requirements for an “Eligible Biogas Digester Electrical Generating Facility,” both as defined in Section 2827.9 of the California Public Utilities Code.

When initially capitalized, whether in the singular or in the plural, the terms used herein shall have the meanings assigned to them either in this Agreement or in SCE’s Rule 1 or Rule 21, Section H. If any term is defined in both Rule 1 and Rule 21, the definition in Rule 21 shall prevail.

3

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

4.

TERM AND TERMINATION 4.1

4.2

This Agreement shall become effective as of the last date entered in Section 16 of this Agreement (herein, Effective Date). This Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a)

The Parties agree in writing to terminate the Agreement; or

(b)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the electric service account through which Producer’s Generating Facility is interconnected to SCE’s Distribution System is closed or terminated; or

(c)

At 12:01 A.M. on the 61st day after Producer or SCE provides written Notice pursuant to Section 9 of this Agreement to the other Party of Producer’s or SCE’s intent to terminate this Agreement; or

(d)

On the tenth anniversary of the Effective Date provided that written notice is given 30 days before this date.

Producer may elect to terminate this Agreement for any reason pursuant to the terms of Section 4.1(c). SCE may elect to terminate this Agreement pursuant to the terms of Section 4.1(c) for one or more of the following reasons: (a)

A change in applicable tariffs as approved or directed by the California Public Utilities Commission (“Commission”), or a change in any local, state or federal law, statute or regulation, either of which materially alters or otherwise affects SCE’s ability or obligation to perform SCE’s duties under this Agreement; or

(b)

Unless otherwise agreed in writing by the Parties, Producer fails to take all corrective actions specified in SCE’s Notice, within the time frame set forth in such Notice, that Producer’s Generating Facility is out of compliance with the terms of this Agreement; or

(c)

Producer fails to interconnect and operate the Generating Facility per the terms of this Agreement within 120 days of the date of Parallel Operation as set forth in Section 2.7 of this Agreement; or Producer abandons the Generating Facility. SCE shall deem the Generating Facility to be abandoned if (i) SCE determines, in its sole opinion, that the Generating Facility is non-operational, (ii) SCE provides Producer with Notice of its intent to terminate this Agreement as a result of Producer’s apparent abandonment of the Generating Facility, and (iii) Producer does not respond by affirming Producer’s intent and ability to continue to operate the Generating Facility.

(e)

Producer makes a change to the physical configuration of the Generating Facility, as declared in Section 2 and Appendix A of this Agreement.

4.3

Notwithstanding any other provisions of this Agreement, SCE shall have the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application to terminate this Agreement.

4.4

Any agreements attached to and incorporated into this Agreement shall terminate concurrently with this Agreement unless the Parties have agreed otherwise in writing.

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4

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

5.

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GENERATING FACILITY OPERATING REQUIREMENTS 5.1

Producer is responsible for operating the Generating Facility in compliance with all of SCE’s tariffs, including but not limited to SCE’s Rule 21, and any other regulations and laws governing the interconnection of the Generating Facility.

5.2

Unless otherwise agreed upon in writing by the Parties, this Agreement does not provide for, nor otherwise require SCE to purchase, transmit, distribute, or store the electrical energy produced by Producer’s Generating Facility.

5.3

Except for that energy delivered to SCE through net energy metering, the electric power produced by Producer’s Generating Facility shall be used solely to serve electrical loads connected to the electric service account that SCE uses to interconnect Producer’s Generating Facility. Producer shall not use the Generating Facility to serve electrical loads that will cause Producer to be considered an “electrical corporation” as such term is used in Section 218 of the Public Utilities Code.

5.4

Producer shall: (a) maintain the Generating Facility and Interconnection Facilities in a safe and prudent manner and in conformance with all applicable laws and regulations including, but not limited to, Section 5.1, and (b) obtain any governmental authorizations and permits required for the construction and operation of the Generating Facility and Interconnection Facilities. Producer shall reimburse SCE for any and all losses, damages, claims, penalties, or liability it incurs as a result of Producer’s failure to obtain or maintain any governmental authorizations and permits required for construction and operation of Producer’s Generating Facility.

5.5

Producer shall not commence parallel operation of the Generating Facility until SCE has provided express written approval. Such approval shall normally be provided per the timelines established by the applicable Public Utilities Code 2827 Section, or by Rule 21. Such approval will be provided after SCE’s receipt of: (1) a completed Generating Facility Interconnection Application (Form 14-732) including all supporting documents and payments as described in the Application; (2) any required NEM supplemental application forms; (3) a signed and completed Agreement; (4) a copy of Producer’s final inspection clearance from the governmental authority having jurisdiction over the Generating Facility; and (5) submission of all applicable payments for reviews, studies, Interconnection Facilities, and Distribution System Modifications. Such approval will not be unreasonably withheld. SCE shall have the right to have representatives present at the Commissioning Test as defined in Rule 21. Producer shall notify SCE at least five (5) days prior to initial testing.

5.6

In no event shall the delivery of the maximum electric power to SCE’s Distribution System exceed the amount or other limitations specified in Section 2 and Appendix A of this Agreement. If Producer does not regulate its Generating Facility in compliance with the limitations set forth in this Agreement, SCE may require Producer to disconnect its Generating Facility from SCE’s Distribution System until Producer demonstrates to SCE’s sole satisfaction that Producer has taken adequate measures to regulate the output of its Generating Facility and control its deliveries of electric power to SCE. Further, should SCE determine that Producer’s operation of the Generating Facility is causing an unsafe condition or is adversely affecting SCE’s ability to utilize its Distribution System in any manner, even if Producer’s deliveries of electric power to SCE’s Distribution system are within the limitations specified in this Agreement, SCE may require Producer to temporarily or permanently reduce or cease deliveries of electric power to SCE’s Distribution System. Producer’s failure to comply with the terms of this Section shall constitute a material breach of this Agreement and SCE may initiate termination in accordance with the terms of Section 4.2(b).

5

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

6.

5.7

Producer shall not deliver reactive power to SCE’s Distribution System unless the Parties have agreed otherwise in writing.

5.8

The Generating Facility shall be operated with all of the Producer’s Protective Functions in service whenever the Generating Facility is operated in parallel with SCE’s Distribution System. Any deviation from these requirements may occur only when the Parties have agreed to such deviations in writing.

5.9

If Producer declares that its Generating Facility meets the requirements for “Cogeneration” as such term is used in Section 216.6 of the Public Utilities Code (or successor definition of “Cogeneration”) (“Cogeneration Requirement”), Producer warrants that, beginning on the date of Initial Operation and continuing throughout the term of this Agreement, its Generating Facility shall continue to meet such Cogeneration Requirements, per Appendix D of this Agreement.

INTERCONNECTION FACILITIES 6.1 Producer and/or SCE, as appropriate, shall provide Interconnection Facilities that adequately protect SCE’s Distribution System, personnel, and other persons from damage or injury which may be caused by the operation of Producer’s Generating Facility. 6.2

Producer shall be solely responsible for the costs, design, purchase, construction, operation, and maintenance of the Interconnection Facilities that Producer owns.

6.3

If the provisions of SCE’s Rule 21, or any other tariff approved by the Commission, require SCE to own and operate a portion of the Interconnection Facilities, Producer and SCE shall promptly execute an agreement that establishes and allocates responsibility for the design, installation, operation, maintenance, and ownership of the Interconnection Facilities. This agreement shall be attached to and made a part of this Agreement as Appendix B.

6.4

The Interconnection Facilities may include Net Generation Output Metering for determination of standby charges and applicable non-bypassable charges, and/or other meters required for SCE’s administration and billing pursuant to SCE’s tariffs for net energy metering.

7.

LIMITATION OF LIABILITY Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement, shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever.

8.

INSURANCE 8.1 In connection with Producer’s performance of its duties and obligations under this Agreement, Producer shall maintain, during the term of this Agreement, general liability insurance with a combined single limit of not less than:

14-773-A 4/2012

(a)

Two million dollars ($2,000,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is greater than one hundred (100) kW;

(b)

One million dollars ($1,000,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is greater than twenty (20) kW and less than or equal to one hundred (100) kW;

(c)

Five hundred thousand dollars ($500,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is greater than ten (10) kW and less than or equal to twenty (20) kW; and

6

GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

Two hundred thousand dollars ($200,000) for each occurrence if the Gross Nameplate Rating of Producer’s Generating Facility is ten (10) kW or less and Producer’s Generating Facility is connected to an account receiving residential service from SCE. Such general liability insurance shall include coverage for “Premises-Operations, Owners and Contractors Protective, Products/Completed Operations Hazard, Explosion, Collapse, Underground, Contractual Liability, and Broad Form Property Damage including Completed Operations.” 8.2

The general liability insurance required in Section 8.1 shall, by endorsement to the policy or policies, (a) include SCE as an additional insured; (b) contain a severability of interest clause or cross-liability clause; (c) provide that SCE shall not by reason of its inclusion as an additional insured incur liability to the insurance carrier for payment of premium for such insurance; and provide for thirty (30) calendar days’ written notice to SCE prior to cancellation, termination, alteration, or material change of such insurance.

8.3

If Producer’s Generating Facility employs only solar or wind generators under 1 MW and the requirement of Section 8.2(a) prevents Producer from obtaining the insurance required in Section 8.1, then upon Producer’s written Notice to SCE in accordance with Section 9.1, the requirements of Section 8.2 shall be waived. However, to the extent that Producer has currently in force Commercial General Liability or Personal (Homeowner’s) Liability insurance, Producer agrees that it will maintain such insurance in force for the duration of this Agreement in no less than amounts currently in effect. SCE shall have the right to inspect or obtain a copy of the original policy or policies of insurance prior to commencing operations. Such insurance shall provide for thirty (30) calendar days written notice to SCE prior to cancellation, termination, alteration, or material change of such insurance.

8.4

Evidence of the insurance required in Section 8.2 shall state that coverage provided is primary and is not in excess to or contributing with any insurance or selfinsurance maintained by SCE.

8.5

Producer agrees to furnish any required certificates and endorsements to SCE prior to Parallel Operation. SCE shall have the right to inspect or obtain a copy of the original policy or policies of insurance.

8.6

If Producer is self-insured with an established record of self-insurance, Producer may comply with the following in lieu of Sections 8.1 through 8.4:

8.7

(a)

Producer shall provide to SCE, at least thirty (30) calendar days prior to the date of Parallel Operation, evidence of an acceptable plan to self-insure to a level of coverage equivalent to that required under Section 8.1.

(b)

If Producer ceases to self-insure to the level required hereunder, or if Producer is unable to provide continuing evidence of Producer’s ability to self-insure, Producer agrees to immediately obtain the coverage required under Section 8.1

. All insurance certificates, statements of self-insurance, endorsements, cancellations, terminations, alterations, and material changes of such insurance shall be issued and submitted to the following: Southern California Edison Company Attention: Manager, TDBU Contract Administration & Billing 2244 Walnut Grove Ave. P.O. Box 800 Rosemead, CA 91770

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

9.

NOTICES 9.1 Any written notice, demand, or request required or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if delivered in person or sent by first class mail, postage prepaid, to the person specified below: If to SCE:

Southern California Edison Company Attention: Manager, TDBU Contract Administration and Billing 2244 Walnut Grove Avenue P.O. Box 800 Rosemead, CA 91770 Phone: (626) 302-9640

If to Producer: Name: _______________________________________ Attention: ________________________________________ Address: _____________________________________________ City: ___________________________ Phone: ( ) _____________ FAX: ( ) _____________ Please complete

10.

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9.2

A Party may change its address for Notice at any time by providing the other Party Notice of the change in accordance with Section 9.1.

9.3

The Parties may also designate operating representatives to conduct the daily communications, which may be necessary or convenient for the administration of this Agreement. Such designations, including names, addresses, and phone numbers may be communicated or revised by one Party’s Notice to the other.

REVIEW OF RECORDS AND DATA 10.1

SCE shall have the right to review and obtain copies of Producer’s operations and maintenance records, logs, or other information such as unit availability, maintenance outages, circuit breaker operation requiring manual reset, relay targets and unusual events pertaining to Producer’s Generating Facility or its interconnection with SCE’s Distribution System.

10.2

Producer authorizes SCE to release to the California Energy Commission (CEC) and/or the Commission information regarding the Generating Facility, including the Producer’s name and location, and the size, location and operational characteristics of the Generating Facility, as requested from time to time pursuant to the CEC’s or Commission’s rules and regulations.

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

11.

ASSIGNMENT Producer shall not voluntarily assign its rights or delegate its duties under this Agreement without SCE’s written consent. Any assignment or delegation Producer makes without SCE’s written consent shall not be valid. SCE shall not unreasonably withhold its consent to Producer’s assignment of this Agreement.

12.

NON-WAIVER None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect.

13.

14.

GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF SCE’s TARIFF SCHEDULES, DEFINED TERMS 13.1

Matters involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided under this Agreement are subject to the jurisdiction and regulation of the California Public Utilities Commission except to the extent that same are determined to be preempted by Federal law.

13.2

This Agreement shall, at all times, be subject to such changes or modifications by the Commission as it may from time to time direct in the exercise of its jurisdiction.

13.3

The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the tariffs applicable to the electric service provided by SCE. Copies of such tariffs are available at SCE’s Internet site: www.sce.com or by request to SCE and are incorporated into this Agreement by this reference.

13.4

Notwithstanding any other provisions of this Agreement, SCE shall have the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application for change in tariffs, rates, charges, classification, service, or any agreement relating thereto.

AMENDMENT AND MODIFICATION This Agreement can only be amended or modified by a written agreement signed by both Parties. SCE shall determine in its sole discretion whether prior Commission approval is required for such amendments or modifications.

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

15.

ENTIRE AGREEMENT This Agreement, and Exhibit D of the GSA Areawide Agreement, where Exhibit D is used by the Customer, contain the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement.

16.

SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below. [Please note the individual signing this Agreement must be duly authorized to bind the Producer to its terms. Accordingly, unless the individual is an “owner of a proprietorship”, “officer of a corporation,” “director or general manager of an agency,” or an equivalent official, please also provide documentation showing the signature authority of the individual who does sign on behalf of the “Producer”].

CUSTOMER NAME

SOUTHERN CALIFORNIA EDISON COMPANY

By:

By:

Name:

Name:

Title:

Title:

Jill Horswell Director, FERC Compliance, Policy & Contracts

Date:

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Date:

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX A DESCRIPTION OF GENERATING FACILITY AND SINGLE-LINE DIAGRAM (Provided by Producer) (Note: The Description of the Generating Facility should include, but not limited to, for each of the technology types of generation: spatial configuration, net and gross nameplate ratings, manufacturer, if the generators are certified under Rule 21, protection equipment, and intended mode of operation (i.e. non-export; inadvertent export; and continuous export, where application). Additionally, points of interconnection with SCE, as well as locations and type of protection equipment and disconnect switches should be identified.)

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX B Rules “2” and “21” (Note: SCE’s electric Rules “2” and “21” may be subject to such changes or modifications by the Commission as the Commission may, from time to time, direct in the exercise of its jurisdiction. SCE’s tariffs, including Rules “2” and “21” can be accessed via the SCE website at www.sce.com/tariffs. Upon request, SCE can provide copies to Producer of Rules “2” and “21.”

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX C (If Applicable)

INTERCONNECTION FACILITIES FINANCING AND OWNERSHIP AGREEMENT (Provided by SCE)

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX D (When Applicable) PRODUCER’S WARRANTY THAT THE GENERATING FACILITY IS A “DISTRIBUTED ENERGY RESOURCES GENERATION” FACILITY PURSUANT TO SECTION 353.1 OF THE CALIFORNIA PUBLIC UTILITIES CODE For the purpose of securing the tariff charge exemption available under Section 353.3 of the California Public Utilities Code, Producer hereby declares that the Generating Facility meets the requirements for “Distributed Energy Resources Generation” as such term is used in Section 353.1 of the California Public Utilities Code (“DERG Requirements”). Producer warrants that, beginning on the date of Parallel Operation and continuing throughout the term of this Agreement, its Generating Facility shall continue to meet the DERG Requirements. If Producer becomes aware that the Generating Facility has ceased to meet the DERG Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 9.1 of the Agreement. If at any time during the term of this Agreement SCE determines in its sole discretion that Producer’s Generating Facility may no longer meet the DERG Requirements, SCE may require Producer to provide evidence that the Generating Facility continues to meet the DERG Requirements, within 15 business days of SCE’s request for such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer’s Generating Facility and/or require documentation from Producer to monitor the Generating Facility’s compliance with the DERG Requirements. If SCE determines in its sole judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Generating Facility continues to meet the DERG Requirements, then the Distributed Energy Resources Generation status of the Generating Facility shall be deemed ineffective until such time as Producer again demonstrates to SCE’s reasonable satisfaction that the Generating Facility meets the requirements for a Distributed Energy Resources Generation facility (the “DERG Status Change”). SCE shall revise its records and the administration of this Agreement to reflect the DERG Status Change and provide Notice to Producer of the DERG Status Change pursuant to Section 9.1 of this Agreement. Such Notice shall specify the effective date of the DERG Status Change. This date shall be the first day of the calendar year for which SCE determines in its sole discretion that the Generating Facility first ceased to meet the DERG Requirements. SCE shall invoice the Producer’s Electric Service Account through which the Generating Facility is Interconnected with SCE’s Distribution System for any tariff charges that were not previously billed during the period between the effective date of the DERG Status Change and the date of the Notice in reliance upon Producer’s representations that the Generating Facility complied with the DERG Requirements and therefore was eligible for the exemption from tariff charges available under Section 353.3 of the California Public Utilities Code. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this warranty, shall be paid to SCE within 30 days of Producer’s receipt of such invoice.

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX E (If Applicable)

LIST OF ELIGIBLE ACCOUNTS TO BE INCLUDED IN NET ENERGY METERING CALCULATIONS PURSUANT TO SCHEDULE BG-NEM SPECIAL CONDITION 2

(Please provide a copy of a recent billing statements for each of the accounts (if any) to be included in this listing. Indicate the priority order you wish SCE to use in applying surplus energy credits.)

Account Priority1

Account Name2

Service Address2

SCE Service Account Number2

SCE Meter Number2

SCE TOU Tariff Schedule2

1 2 3 4 5 6 Notes: 1. Account Priority: See Special Condition 2, “Load Aggregation,” of Schedule BG-NEM. Accounts are listed in priority designated by Producer to receive excess generation credits. The “Host Account,” described on page 1 of this agreement, should not be included in this listing. 2. Account information as shown on SCE billing statement

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GENERATING FACILITY INTERCONNECTION AGREEMENT Multiple Tariffs

APPENDIX F (When Applicable)

PRODUCER’S WARRANTY THAT IT MEETS THE REQUIREMENTS FOR AN ELIGIBLE BIOGAS DIGESTER CUSTOMER-GENERATOR AND THE GENERATING FACILITY IS AN ELIGIBLE BIOGAS DIGESTER ELECTRICAL GENERATING FACILITY PURSUANT TO SECTION 2827.9 OF THE CALIFORNIA PUBLIC UTILITIES CODE Producer has declared that it meets the requirements for an “Eligible Biogas Digester customergenerator” and the Generating Facility meets the requirements of an “Eligible Biogas Digester Electrical Generating Facility”, both as defined in section 2827.9 of the California Public Utilities Code. (“Eligibility Requirements”). Producer warrants that, beginning on the date of Parallel Operation and continuing throughout the term of this Agreement, Producer and the Generating Facility shall continue to meet the Eligibility Requirements. If Producer or the Generating Facility ceases to meet the Eligibility Requirements, Producer shall promptly provide SCE with Notice of such change pursuant to Section 9.1 of this Agreement. If at any time during the term of this Agreement SCE determines, in its sole discretion, that Producer or Generating Facility may no longer meet the Eligibility Requirements, SCE may require Producer to provide evidence that Producer and/or Generating Facility continues to meet the Eligibility Requirements, within 15 business days of SCE’s request for such evidence. Additionally, SCE may periodically (typically, once per year) inspect Producer’s Generating Facility and/or require documentation from Producer to monitor the Generating Facility’s compliance with the Eligibility Requirements. If SCE determines in its sole judgment that Producer either failed to provide evidence in a timely manner or that it provided insufficient evidence that its Generating Facility continues to meet the Eligibility Requirements, then the Eligibility Status shall be deemed ineffective until such time as Producer again demonstrates to SCE’s reasonable satisfaction that Producer meets the requirements for an Eligible Biogas Digester customer–generator and/or the Generating Facility meets the requirements for a Eligible Biogas Digester Electrical Generating Facility (the “Eligibility Status Change”). SCE shall revise its records and the administration of this Agreement to reflect the Eligibility Status Change and provide Notice to Producer of the Eligibility Status Change pursuant to Section 9.1 of this Agreement. Such Notice shall specify the effective date of the Eligibility Status Change. This date shall be the first day of the calendar year for which SCE determines in its sole discretion that the Producer and/or Generating Facility first ceased to meet the Eligibility Requirements. SCE shall invoice the Producer for any tariff charges that were not previously billed during the period between the effective date of the Eligibility Status Change and the date of the Notice in reliance upon Producer’s representations that Producer and/or Generating Facility complied with the Eligibility Requirements and therefore was eligible for the rate treatment available under the applicable Net Energy Metering provisions of SCE’s Schedule BG-NEM, Experimental Biogas Net Energy Metering. Any amounts to be paid or refunded by Producer, as may be invoiced by SCE pursuant to the terms of this warranty, shall be paid to SCE within 30 days of Producer’s receipt of such invoice.

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APPENDIX G MODIFIED CUSTOMER GENERATION AGREEMENT

SAMPLE CUSTOMER GENERATION AGREEMENT

This Customer Generation Agreement (“Agreement”) is entered into by and between ( Customer Name ), a ( form of entity & state of registration) (“Customer”), and Southern California Edison Company (“SCE”), a California Corporation. Customer and SCE are sometimes also referred to in this Agreement jointly as “Parties” or individually as “Party.” In consideration of the mutual promises and obligations stated in this Agreement and its attachments, the Parties agree as follows: 1.

SCOPE, PURPOSE, AND RELATED AGREEMENTS This Agreement, in conjunction with the Generation Interconnection and Operating Arrangements identified in Section 2.2 and attached as Appendix A, allows the Producer (as identified in section 2.2) to utilize Customer's electrical facilities to interconnect and operate the Generating Facility in parallel with SCE’s Distribution System. The purpose of the Generating Facility is to serve the Customer’s electrical loads at the location identified in Section 2.1.

2.

3.

SUMMARY AND DESCRIPTION OF THE PARTIES AND LOCATION OF GENERATING FACILITY 2.1

The name and address used by SCE to locate the Electric Service Accounts where the Generating Facility interconnects with SCE’s Distribution System is: ___________________________________________ ___________________________________________ ___________________________________________

2.2

The Generating Facility shall be Interconnected with SCE’s Distribution System pursuant to (“Title of the agreement used for the interconnection and operating arrangements” e.g., Generating Facility Interconnection Agreement or Power Purchase Agreement) between SCE and ( Producer name ), its successors or assigns (“Producer”) dated ________________, (“Generation Interconnection and Operating Arrangements”)

2.3

Producer’s contact information: ___________________________________________ ___________________________________________ ___________________________________________

CUSTOMER ACKNOWLEDGEMENTS AND OBLIGATIONS 3.1

Customer acknowledges that it has authorized the Generating Facility to be installed and operated by Producer in accordance with SCE’s Rule 21 on or adjacent to Customer’s premises. Such Generating Facility shall be used to serve all or a portion of Customer’s electrical loads associated with the Electric Service provided by SCE at the location identified in Section 2.1, above, and any other purpose permitted under the Generation Interconnection and Operating Arrangements. Customer shall be solely responsible for the terms of any agreement between it and Producer. 1

14-744-A 4/2012 SCE Use Only

Account No.

ID No.

SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

4.

3.2

Customer shall be solely responsible for any charges incurred under SCE’s electric service tariffs for the services provided to Customer by SCE. Customer acknowledges that it is the sole end-use consumer of such tariffed services. This Agreement does not constitute an agreement by SCE to provide any tariffed service to Producer.

3.3

Customer acknowledges the Generating Facility shall be operated in compliance with all SCE tariffs, including but not limited to SCE’s Rule 21, and any other regulations and laws governing the interconnection of the Generating Facility. Customer further acknowledges that it has been made aware of the charges and conditions related to the operation of the Generating Facility including, but not limited to ___________________________________________ (SCE inserts names of relevant tariffs e.g., Standby or Non-bypassable charge schedules), and that the performance or lack of performance of the Generating Facility may affect the rates and charges billed by SCE for the electric power delivered to Customer. Copies of such tariffs are available at SCE’s Internet site: www.sce.com or by request to SCE.

3.4

Any amounts to be paid, or refunded to, SCE for the services received by Customer as a result of the Producer failing to operate the Generating Facility in accordance with the terms of the representations and warranties made under the Generation Interconnection and Operating Arrangements shall be paid to SCE in accordance with SCE’s Rule _______ (SCE to specify applicable Rule).

3.5

Customer shall make the Generating Facility reasonably accessible to SCE’s personnel, contractors or agents to perform SCE’s duties under Rule 21.

TERM AND TERMINATION 4.1

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This Agreement shall become effective as of the last date entered in Section 13 below (herein, Effective Date). The Agreement shall continue in full force and effect until the earliest date that one of the following events occurs: (a)

The Parties agree in writing to terminate the Agreement, or

(b)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the day following the date the Customer’s electric Service Account through which the Generating Facility is Interconnected to SCE’s Distribution System is closed or terminated, or

(c)

Unless otherwise agreed in writing by the Parties, at 12:01 A.M. on the 31st day following the date the Generation Interconnection and Operating Arrangements are terminated, unless the responsibility for such Generation Interconnection and Operating Arrangements is assigned to or replaced by a subsequent Producer. The Parties shall cooperate in obtaining an assignment or replacement agreement, or

(d)

At 12:01 A.M. on the 61st day after Customer or SCE provides written Notice pursuant to Section 6 below to the other Party of the Customer or SCE’s intent to terminate this Agreement; or

(e)

On the tenth anniversary of the Effective Date provided that written notice is given 30 days before this date. 2

SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

4.2

5.

6.

Customer may elect to terminate this Agreement pursuant to the terms of Section 4.1(d) for any reason. SCE may elect to terminate this Agreement pursuant to the terms of Section 4.1(d) for one or more of the following reasons: (a)

A change in SCE’s applicable tariffs, as approved or directed by the Commission, or a change in any local, state or federal law, statute or regulation, either of which materially alters or otherwise affects SCE’s ability or obligation to perform SCE’s duties under this Agreement; or,

(b)

Unless otherwise agreed in writing by the Parties, Customer fails to take all corrective actions specified in SCE’s Notice provided in accordance with Section 6 that Customer is out of compliance with the terms of this Agreement within the time frame set forth in such Notice.

LIMITATION OF LIABILITY 5.1

Each Party’s liability to the other Party for any loss, cost, claim, injury, liability, or expense, including reasonable attorney’s fees, relating to or arising from any act or omission in its performance of this Agreement shall be limited to the amount of direct damage actually incurred. In no event shall either Party be liable to the other Party for any indirect, special, consequential, or punitive damages of any kind whatsoever.

5.2

SCE shall not be liable to Customer in any manner, whether in tort or contract or under any other theory, for loss or damages of any kind sustained by Customer resulting from termination of the Generation Interconnection and Operating Arrangements between Producer and SCE, provided such termination is consistent with the terms of the Generation Interconnection and Operating Arrangements.

NOTICES 6.1

Any written notice, demand, or request required or authorized in connection with this Agreement (“Notice”) shall be deemed properly given if delivered in person or sent by first class mail, postage prepaid, to the person specified below: If to SCE:

Southern California Edison Company Attention: Director, QF Resources 2244 Walnut Grove Avenue P.O. Box 800 Rosemead, CA 91770 Phone: (626) 302-1212 FAX: (626) 302-9622

If to Customer: Customer Name Attention: _____________________________________ Address: _____________________________________ City: _________________________________________ Phone: ( ) ____________________________________ FAX: ( ) ____________________________________

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6.2

A Party may change its address for Notices at any time by providing the other Party Notice of the change in accordance with Section 6.1.

6.3

The Parties may also designate operating representatives to conduct the daily communications, which may be necessary or convenient for the administration of this Agreement. Such designations, including names, addresses, and phone numbers may be communicated or revised by one Party’s Notice to the other. 3

SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

7.

RELEASE OF DATA Customer authorizes SCE to release to the California Energy Commission (CEC) and/or the California Public Utilities Commission (Commission) information regarding the Generating Facility, including Customer’s name and location, and the size, location and operational characteristics of the Generating Facility, as may be requested from time to time pursuant to the CEC’s or Commission’s rules and regulations.

8.

ASSIGNMENT Customer shall not voluntarily assign its rights nor delegate its duties under this Agreement without SCE’s written consent. Any assignment or delegation Customer makes without SCE’s written consent shall not be valid. SCE shall not unreasonably withhold its consent to Customer’s assignment of this Agreement.

9.

NON-WAIVER None of the provisions of this Agreement shall be considered waived by a Party unless such waiver is given in writing. The failure of a Party to insist in any one or more instances upon strict performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights for the future, but the same shall continue and remain in full force and effect.

10.

GOVERNING LAW, JURISDICTION OF COMMISSION, INCLUSION OF SCE’s TARIFFS, DEFINED TERMS

Matters involving the interpretation of tariffed retail rates, tariff rate schedules, and tariffed terms provided under this Agreement are subject to the jurisdiction and regulation of the California Public Utilities Commission except to the extent that same are determined to be preempted by Federal law.

11.

10.1

This Agreement shall, at all times, be subject to such changes or modifications by the Commission as it may from time to time direct in the exercise of its jurisdiction.

10.2

The interconnection and services provided under this Agreement shall at all times be subject to the terms and conditions set forth in the tariffs applicable to the electric service provided by SCE. Copies of such tariffs are available at SCE’s Internet site: www.sce.com or by request to SCE and are incorporated into this Agreement by this reference.

10.3

Notwithstanding any other provisions of this Agreement, SCE shall have the right to unilaterally file with the Commission, pursuant to the Commission’s rules and regulations, an application for change in tariffs, rates, charges, classification, service, or any agreement relating thereto.

10.4

When initially capitalized, whether in the singular or in the plural, the terms used herein shall have the meanings assigned to them either in this Agreement or in SCE’s Rule 1 or Rule 21, Section H. If any term is defined in both Rule 1 and Rule 21, the definition in Rule 21 shall prevail.

AMENDMENTS AND MODIFICATION 11.1 This Agreement can only be amended or modified by a written agreement signed by both Parties. SCE shall determine in its sole discretion whether prior commission approval is required for such amendments or modifications.

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SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

11.2 This Agreement, and Exhibit D of the GSA Areawide Agreement, where Exhibit D is used by the Customer, contain the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement.

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SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

12.

ENTIRE AGREEMENT This Agreement, and the Generation Interconnection and Operating Arrangements, including any incorporated tariffs, contain the entire agreement and understanding between the Parties, their agents, and employees as to the subject matter of this Agreement. Each party also represents that in entering into this Agreement, it has not relied on any promise, inducement, representation, warranty, agreement or other statement not set forth in this Agreement, the Generation Interconnection and Operating Arrangements, or in the incorporated tariffs.

13.

SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused two originals of this Agreement to be executed by their duly authorized representatives. This Agreement is effective as of the last date set forth below. CUSTOMER NAME

SOUTHERN CALIFORNIA EDISON COMPANY

By:

By:

Name:

Name:

Title:

Title:

Date:

Date:

This form is a sample only. Contact SCE for an Application to interconnect your Generating Facility.

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SAMPLE CUSTOMER GENERATION AGREEMENT SOUTHERN CALIFORNIA EDISON CUSTOMER NAME

APPENDIX A GENERATION INTERCONNECTION AND OPERATING ARRANGEMENTS BETWEEN PRODUCER AND SCE

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APPENDIX H CONFIDENTIALITY DECLARATION

APPENDIX I PROPOSED PROTECTIVE ORDER

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA

Submission of Contract for Procurement of Renewable Energy From SCE’s California Renewable Energy Small Tariff (CREST) Program

) ) ) )

Advice 2716-E

PROTECTIVE ORDER 1.

Scope. This Protective Order shall govern access to and the use of Protected

Materials, produced by, or on behalf of, any Disclosing Party (as defined in Paragraph 2 below) in this proceeding. 2.

Definitions.

In addition to the terms defined and capitalized in other sections of this Protective Order, the following terms are defined for the purposes of this Protective Order: A.

For purposes of this Protective Order, the term “Protected Materials”

means: (i) trade secret, market sensitive, or other confidential and/or proprietary information as determined by the Disclosing Party in accordance with the provisions of Decision (“D.”) 06-06-066 and subsequent decisions, General Order 66-C, Public Utilities Code section 454.5(g), or any other right of confidentiality provided by law; or (ii) any other materials that are made subject to this Protective Order by the Assigned Administrative Law Judge (“Assigned ALJ”), Law and Motion Administrative Law Judge (“Law and Motion ALJ”), Assigned Commissioner, the California Public Utilities Commission (“Commission”), or any court or other body having appropriate authority. Protected Materials also include memoranda, handwritten notes, spreadsheets, computer files and reports, and any other form of information (including -1-

information in electronic form) that copies, discloses, incorporates, includes or compiles other Protected Materials or from which such materials may be derived (except that any derivative materials must be separately shown to be confidential). Protected Materials do not include: (i) any information or document contained in the public files of the Commission or any other state or federal agency, or in any state or federal court; or (ii) any information that is public knowledge, or which becomes public knowledge, other than through disclosure in violation of this Protective Order or any other nondisclosure agreement or protective order. B.

The term “redacted” refers to situations in which Protected Material in a

document, whether the document is in paper or electronic form, have been covered, blocked out, or removed. C.

The term “Disclosing Party” means a party who initially discloses any

specified Protected Material in this proceeding. D.

The term “Requesting Party” means any party that is requesting receipt of

Protected Material from a Disclosing Party. E.

The term “Party” refers to the Requesting Party or the Disclosing Party

and the term “Parties” refers to both the Requesting Party and the Disclosing Party. F.

The term “Market Participant” refers to a Requesting Party that is: 1)

A person or entity, or an employee of an entity, that engages in the wholesale purchase, sale or marketing of energy or capacity, or the bidding on or purchasing of power plants, or bidding on utility procurement solicitations, or consulting on such matters, subject to the limitations in 3) below.

2)

A trade association or similar organization, or an employee of such organization, a)

whose primary focus in proceedings at the Commission is to advocate for persons/entities that purchase, sell or market -2-

energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or

3)

b)

a majority of whose members purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations; or

c)

formed for the purpose of obtaining Protected Materials; or

d)

controlled or primarily funded by a person or entity whose primary purpose is to purchase, sell or market energy or capacity at wholesale; bid on, own, or purchase power plants; or bid on utility procurement solicitations.

A person or entity that meets the criteria of 1) above is not a Market Participant for purpose of access to Protected Materials unless the person/entity seeking access to Protected Materials has the potential to materially affect the price paid or received for electricity if in possession of such information. An entity will be considered not to have such potential if: a)

the person or entity’s participation in the California electricity market is de minimis in nature. In the resource adequacy proceeding (R.05-12-013) it was determined in D.06-06-064 § 3.3.2 that the resource adequacy requirement should be rounded to the nearest megawatt (MW), and load serving entities (LSEs) with local resource adequacy requirements less than 1 MW are not required to make a showing. Therefore, a de minimis amount of energy would be less than 1 MW of capacity per year, and/or an equivalent of energy; and/or

b)

the person or entity has no ability to dictate the price of electricity it purchases or sells because such price is set by a process over which the person or entity has no control, i.e., where the prices for power put to the grid are completely overseen by the Commission, such as subject to a standard offer contract or tariff price. A person or entity that currently has no ability to dictate the price of electricity it purchases or sells under this section, but that will have such ability within one year because its contract is expiring or other circumstances are changing, does not meet this exception; and/or

c)

the person or entity is a cogenerator that consumes all the power it generates in its own industrial and commercial processes, if it can establish a legitimate need for Protected Materials. -3-

G.

The term “Non-Market Participant” refers to a Requesting Party that does

not meet the definition of Market Participant. The California Independent System Operator is deemed a Non-Market Participant for purposes of this Protective Order. H.

“Reviewing Representatives” are limited to person(s) designated in

accordance with Paragraph 5 who meet the following criteria: 1)

Reviewing Representatives may not currently be engaged in: (a) a transaction for the purchase, sale, or marketing at wholesale of electrical energy or capacity or natural gas (or the direct supervision of any employee(s) engagement in such a transaction); (b) the bidding on or purchasing of power plants (or the direct supervision of any employee(s) engagement in such a transaction); or (c) knowingly providing electricity or gas marketing consulting or advisory services to others in connection with a transaction for the purchase, sale, or marketing at wholesale of electrical energy or capacity or natural gas or the bidding on or purchasing of power plants (or the direct supervision of any employee(s) engagement in such a transaction or consulting).

2)

Reviewing Representatives may not be an employee of a Market Participant. If the Market Participant or Non-Market Participant chooses to retain outside attorneys, consultants, or experts in the same law firm or consulting firm to provide advice in connection with marketing activities, then the attorney, consultant, or expert serving as a Reviewing Representative must be separated by an ethics wall consistent with the ethics wall requirements in D.11-07-028, as that decision may be subsequently modified or changed by the Commission, from those in the firm who are involved in wholesale commercial dealings.

3)

Reviewing Representatives shall use Protected Materials only for the purpose of participating in the Commission proceeding in which they received the information.

4)

Reviewing Representatives are permitted to participate in regulatory proceedings on behalf of Market Participants and Non-Market Participants.

5)

All Reviewing Representatives are required to execute the Nondisclosure Certificate attached to this Protective Order and are bound by the terms of this Protective Order. -4-

I.

The term “Authorized Reviewers” refers to: (1) a Requesting Party that is

a Non-Market Participant; or (2) a Reviewing Representative of a Requesting Party. A Requesting Party that is a Market Participant is not an Authorized Reviewer but it may designate a Reviewing Representative in accordance with Paragraph 5. J.

The term “Nondisclosure Certificate” refers to the Nondisclosure

Certificate attached as Appendix A. 3.

Designation, Filing, and Service of Protected Materials.

When filing or providing in discovery any documents or items containing Protected Materials, a party shall physically mark such documents (or in the case of non-documentary materials such as computer diskettes, on each item) as “PROTECTED MATERIALS SUBJECT TO PROTECTIVE ORDER,” or with words of similar import as long as one or more of the terms “Protected Materials” or “Protective Order” is included in the designation to indicate that the materials in question are Protected Materials. All materials so designated shall be treated as Protected Materials unless and until: (a) the designation is withdrawn pursuant to Paragraph 14 hereof; (b) an Assigned ALJ, Law and Motion ALJ, Assigned Commissioner, or the Commission makes a determination that: (i) the document does not contain Protected Materials or does not warrant confidential treatment or (ii) denies a motion to file the document under seal; or (c) the document or information becomes public knowledge, other than through disclosure in violation of this Protective Order or any other nondisclosure agreement or protective order. All documents containing Protected Materials that are tendered for filing with the Commission shall be placed in sealed envelopes or otherwise appropriately protected and shall be tendered with a motion to file the document under seal pursuant to Rule 11.4 of the Commission’s Rules of Practice and Procedure. All documents containing Protected Materials -5-

that are served on parties in a proceeding shall be placed in sealed envelopes or otherwise appropriately protected and shall be endorsed to the effect that they are served under seal pursuant to this Protective Order. Such documents shall only be served upon Authorized Reviewers and persons employed by or working on behalf of the Commission. Service upon Authorized Reviewers and persons employed by or working on behalf of the Commission may either be: (a) by electronic mail in accordance with the procedures adopted in this proceeding; (b) by facsimile; or (c) by overnight mail or messenger service. Whenever service of a document containing Protected Materials is made by overnight mail or messenger service, the Assigned ALJ shall be served with such document by the same means and at the same time. 4.

Redaction of Documents. Whenever a Party files, serves or provides in discovery

a document that includes Protected Materials (including but not limited to briefs, testimony, exhibits, and responses to data requests), such Party shall also prepare a redacted version of such document. The redacted version shall enable persons familiar with this proceeding to determine with reasonable certainty the nature of the data that has been redacted and where the redactions occurred. The redacted version of a document to be filed shall be served on all persons on the service list, and the redacted version of a discovery document shall be served on all persons entitled thereto. 5.

Designation of Reviewing Representatives. The Requesting Party shall provide

written notice identifying its proposed Reviewing Representative(s) to the Disclosing Party before the Disclosing Party provides any Protected Materials to the Requesting Party’s Authorized Reviewers. The written notice shall include the information identified in this paragraph. If the Requesting Party decides to designate any additional Reviewing Representative(s) after the Requesting Party’s Authorized Reviewers receive Protected -6-

Materials, the Requesting Party shall identify the additional proposed Reviewing Representative(s) to the Disclosing Party before the Requesting Party provides Protected Materials to the additional Reviewing Representative(s). Within five (5) business days after receiving written notice of the identity of any Reviewing Representative, the Disclosing Party may provide the Requesting Party with a written objection to a specific Reviewing Representative stating the grounds for the objection. Any dispute concerning whether an identified person or entity is an appropriate Reviewing Representative shall be resolved through the dispute resolution procedures in Paragraph 11 of this Protective Order. If a Disclosing Party objects to a specific Reviewing Representative within five (5) business days after the Reviewing Representative is identified, the Parties shall not provide any Protected Materials to the disputed Reviewing Representative until the Parties are able to resolve the dispute consistent with the dispute resolution procedures in Paragraph 11. Failure by the Disclosing Party to object within five (5) business days does not waive the Disclosing Party’s right to later object to the Reviewing Representative, even if Protected Materials has already been disclosed. However, further disclosure of Protected Materials would be stayed until the parties are able to resolve the dispute consistent with the dispute resolution procedures in Paragraph 11. Reviewing Representative(s) have a duty to disclose to the Disclosing Party any potential conflict of interest that puts the Reviewing Representative in violation of D.06-12-030, as modified by subsequent decisions of the Commission. A resume or curriculum vitae is reasonable disclosure of such potential conflicts, and should be the default evidence provided in most cases. 6.

Nondisclosure Certificates. A Reviewing Representative shall not inspect,

participate in discussions regarding, or otherwise be granted access to, Protected Materials unless -7-

and until he or she has first completed and executed a Nondisclosure Certificate, attached hereto as Appendix A, and delivered the signed Nondisclosure Certificate to the Disclosing Party. The Disclosing Party shall retain the executed Nondisclosure Certificates pertaining to the Protected Materials it has disclosed and shall promptly provide copies of the Nondisclosure Certificates to Commission Staff upon request. 7.

Access to Protected Materials and Use of Protected Materials. Subject to the

terms of this Protective Order, Authorized Reviewers shall be entitled to access any Protected Materials and may make copies of Protected Materials, but such copies become Protected Materials. Authorized Reviewers may make notes of Protected Materials, which shall be treated as Protected Materials if such notes disclose any Protected Materials. Protected Materials obtained by a Party in this proceeding may also be requested by that Party in a subsequent Commission proceeding, subject to the terms of any nondisclosure agreement or protective order governing that subsequent proceeding, without constituting a violation of this Protective Order. 8.

Maintaining Confidentiality of Protected Materials. Each Authorized Reviewer

shall treat Protected Materials as confidential in accordance with this Protective Order and the Nondisclosure Certificate. Protected Materials shall not be used except as necessary for participation in this proceeding, and shall not be disclosed in any manner to any person except: (i) Authorized Reviewers; (ii) an Authorized Reviewer’s employees and administrative personnel, such as clerks, secretaries, and word processors, to the extent necessary to assist the Authorized Reviewer, provided that they shall first ensure that such personnel are familiar with the terms of this Protective Order and have signed a Nondisclosure Certificate; and (iii) persons employed by or working on behalf of the Commission. Authorized Reviewers shall adopt suitable measures to maintain the confidentiality of Protected Materials they have obtained -8-

pursuant to this Protective Order, and shall treat such Protected Materials in the same manner as they treat their own most highly confidential information. Authorized Reviewers shall be liable for any unauthorized disclosure or use by themselves and/or employees, paralegals, or administrative staff. In the event any Authorized Reviewer is requested or required by applicable laws or regulations, or in the course of administrative or judicial proceedings (in response to oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process) to disclose any of Protected Materials, the Authorized Reviewer shall immediately inform the Disclosing Party of the request, and the Disclosing Party may, at its sole discretion and cost, direct any challenge or defense against the disclosure requirement, and the Authorized Reviewer shall cooperate in good faith with such Party either to oppose the disclosure of the Protected Materials consistent with applicable law, or to obtain confidential treatment of the Protected Materials by the person or entity who wishes to receive them prior to any such disclosure. If there are multiple requests for substantially similar Protected Materials in the same case or proceeding where an Authorized Reviewer has been ordered to produce certain specific Protected Materials, the Authorized Reviewer may, upon request for substantially similar materials by another person or entity, respond in a manner consistent with that order to those substantially similar requests. 9.

Return or Destruction of Protected Materials. Protected Materials shall remain

available to Authorized Reviewers until an order terminating this proceeding becomes no longer subject to judicial review. If requested to do so in writing after that date, the Authorized Reviewers shall, within fifteen days after such request, return the Protected Materials to the Disclosing Party that produced such Protected Materials, or shall destroy the materials, except that copies of filings, official transcripts and exhibits in this proceeding that contain Protected -9-

Materials, and notes of Protected Materials may be retained, if such Protected Materials are maintained in accordance with Paragraph 8. Within such time period each Authorized Reviewer, if requested to do so, shall also submit to the Disclosing Party an affidavit stating that, to the best of its knowledge, all Protected Materials have been returned or have been destroyed or will be maintained in accordance with Paragraph 8. To the extent Protected Materials are not returned or destroyed, they shall remain subject to this Protective Order. In the event that a Reviewing Representative to whom Protected Materials are disclosed ceases to be engaged to provide services in this proceeding, then access to such materials by that person shall be terminated and the Reviewing Representative shall immediately return or destroy all Protected Materials, or provide an affidavit stating that all Protected Materials and all notes of Protected Materials will be maintained in accordance with Paragraph 8. Even if a Reviewing Representative is no longer engaged in this proceeding, every such person shall continue to be bound by the provisions of this Protective Order and the Nondisclosure Certificate. 10.

Access and Use by Governmental Entities. A.

In the event the Commission receives a request from the California Energy

Commission (“CEC”) for a copy of or access to any Party’s Protected Materials, the procedure for handling such requests shall be as follows. Not less than five (5) business days after delivering written notice to the Disclosing Party of the request, the Commission shall release such Protected Materials to the CEC upon receipt from the CEC of an Interagency Information Request and Confidentiality Agreement (“Interagency Confidentiality Agreement”). Such Interagency Confidentiality Agreement shall: (i) provide that the CEC will treat the requested Protected Materials as confidential in accordance with this Protective Order; (ii) include an explanation of the purpose for the CEC’s request, as well as an explanation of how the request - 10 -

relates to furtherance of the CEC’s functions; (iii) be signed by a person authorized to bind the CEC contractually; and (iv) expressly state that furnishing of the requested Protected Materials to employees or representatives of the CEC does not, by itself, make such Protected Materials public. In addition, the Interagency Confidentiality Agreement shall include an express acknowledgment of the Commission’s sole authority (subject to judicial review) to make the determination whether the Protected Materials should remain confidential or be disclosed to the public, notwithstanding any provision to the contrary in the statutes or regulations applicable to the CEC. B.

In the event the Commission receives a request for a copy of or access to a

party’s Protected Materials from a state governmental agency other than the CEC that is authorized to enter into a written agreement sufficient to satisfy the requirements for maintaining confidentiality set forth in Government Code Section 6254.5(e), the Commission may, not less than five (5) business days after giving written notice to the Disclosing Party of the request, release such Protected Materials to the requesting governmental agency, upon receiving from the requesting agency an executed Interagency Confidentiality Agreement that contains the same provisions described in Paragraph 10.A above. C.

The CEC may use Protected Materials when needed to fulfill its statutory

responsibilities or cooperative agreements with the Commission. Commission confidentiality designations will be maintained by the CEC in making such assessments, and the CEC will not publish any assessment that directly reveals the data or allows the data submitted by an individual load serving entity to be “reverse engineered.” 11.

Dispute Resolution. All disputes that arise under this Protective Order, including

but not limited to alleged violations of this Protective Order and disputes concerning whether - 11 -

materials were properly designated as Protected Materials, shall first be addressed by the parties through a meet and confer process in an attempt to resolve such disputes. If the meet and confer process is unsuccessful, either party may present the dispute for resolution to the Assigned ALJ or the Law and Motion ALJ. 12.

Other Objections to Use or Disclosure. Nothing in this Protective Order shall be

construed as limiting the right of a Party, the Commission Staff, or a state governmental agency covered by Paragraph 10 to object to the use or disclosure of Protected Materials on any legal ground, including relevance or privilege. 13.

Remedies. Any violation of this Protective Order shall constitute a violation of an

order of the Commission. Notwithstanding the foregoing, the parties and Commission Staff reserve their rights to pursue any legal or equitable remedies that may be available in the event of an actual or anticipated disclosure of Protected Materials. 14.

Withdrawal of Designation. A Disclosing Party may agree at any time to remove

the “Protected Materials” designation from any materials of such Party if, in its opinion, confidentiality protection is no longer required. In such a case, the Disclosing Party will notify all Requesting Parties that the Disclosing Party has agreed to withdraw its designation of Protected Materials for specific documents or material. 15.

Modification. This Protective Order shall remain in effect unless and until it is

modified or terminated by the Commission or the Assigned ALJ. The identity of the parties submitting Protected Materials may differ from time to time. In light of this situation, modifications to this Protective Order may become necessary. The Parties shall work cooperatively to develop such modifications and, to the extent the Parties are able to agree to modifications, shall file a motion with the Assigned ALJ or the Commission seeking approval of - 12 -

the modifications. To the extent Parties are unable to agree on modifications after a good faith effort, each party governed by this Protective Order has the right to seek modifications in it as appropriate from the Assigned ALJ or the Commission. 16.

Interpretation. Headings are for convenience only and may not be used to restrict

the scope of this Protective Order. Entered: __________________________________ Administrative Law Judge

Date: __________________________________

- 13 -

APPENDIX A TO PROTECTIVE ORDER

BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA Submission of Contract for Procurement of Renewable Energy From SCE’s California Renewable Energy Small Tariff (CREST) Program

) ) ) )

Advice 2716-E

NON-DISCLOSURE CERTIFICATE I hereby certify my understanding that access to Protected Materials is provided to me pursuant to the terms and restrictions of the Protective Order in this proceeding, that I have been given a copy of and have read the Protective Order, and that I agree to be bound by it. I understand that the contents of the Protected Materials, any notes or other memoranda, or any other form of information that copies or discloses Protected Materials shall not be disclosed to anyone other than in accordance with that Protective Order. I acknowledge that a violation of this certificate constitutes a violation of an order of California Public Utilities Commission.

Signed: _______________________ Name ________________________ Title: _________________________ Organization: __________________ Dated: _______________________