HomeMy WebLinkAboutSOUTHERN CALIFORNIA EDISON 1 - 2004
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DEMAND BIDDING PROGRAM AGREEMENT
BETWEEN CUSTOMER AND SOUTHERN CALIFORNIA EDISON COMPANY (SCE)
This Demand Bidding Program Agreement ("Agreement") is between Customer and SCE ("the Parties") and
shall establish the terms and conditions for Customer electing to receive service under Schedule DBP,
Demand Bidding Program. Customer shall receive service consistent with all terms and provisions of
Schedule DBP and Customer's "Otherwise Applicable Rate Schedule" as applicable.
This is a filed form tariff agreement authorized by the California Public Utilities Commission ("Commission").
No officer, inspector, solicitor, agent, or employee of SCE has any authority to waive, alter, or amend any part
of this Agreement except as provided herein or as authorized by the Commission. This Agreement
supplements the terms and conditions of Customer's electric service provided under Customer's Otherwise
Applicable Rate Schedule and under SCE's Commission-approved tariffs.
Customer understands and agrees to the following conditions, in accordance with Schedule DBP:
1.
For the term of this Agreement, Customer shall receive service in accordance with Schedule DBP and
Customer's Otherwise Applicable Rate Schedule filed with the Commission, as such schedule now
exist or may hereafter be amended or superseded. If the Commission approves any modification to
Schedule DBP, any such modification shall be incorporated herein and this Agreement will continue in
full force and effect as to Schedule DBP as so modified, unless and until SCE and Customer execute
a new agreement or unless and until SCE or Customer terminates this Agreement within thirty(30)
days of such modification and SCE has had a reasonable opportunity to act on such termination.
2.
Schedule DBP is in effect until modified or terminated by the Commission. Customer understands that
Schedule DBP is a voluntary program whereby Customer will receive a discount, in the form of a credit
on its bill, or a separate check, for Recorded Reduced Energy during a specified DBP Event for which
Customer reduces its energy usage within the program guidelines.
3.
Customer's Customer Specific Energy Baseline (CSEB) shall be determined in accordance with
Special Condition 5 of Schedule DBP.
4.
Customer's Energy Bid for each hour of a DBP Event shall be at least 100 kW, as determined in
accordance Special Condition 11 of Schedule DBP.
5.
Customer's associated accounts that do not meet the Maximum Demand requirements of Schedule
DBP but which are located on the same or immediately adjacent Premises as one qualifying service
accourll that does meet the Maximum Demand requirements, may be eligible to receive service on
Schedule DBP pursuant to Special Condition NO.7 of Schedule DBP. Each associated account must
individually meet the program requirements that for each hour of a DBP Event, the Customer's Energy
Bid for each account shall be at least 100 kW. The bill for each account will be calculated on a stand-
alone basis. The qualifying service account that meets the minimum 200 kW criteria must be
designated as the primary account in Attachment A hereto, along with all qualifying sub-accounts,
which may be less than 200 kW.
6.
Customer may sign up for the Technical Assistance Incentive pursuant to Special Condition No. 12 of
Schedule DBP. If Customer wishes to elect the Technical Assistance Incentive, Customer shall inform
SCE in writing. Funds are subject to availability and other program requirements and restrictions.
Customer may be eligible to participate in other specifically approved demand response programs at
the same time as the DBP, although load can only be committed to one demand response program for
any given hour of a curtailment event and Customer will receive payment under only one program for
a given load reduction. Special Condition 14 of Schedule DBP and other applicable rate schedules
provide additional details on how the various demand response programs interact to ensure against
double counting of load curtailment and double recovery of incentives. Customers participating in
more than one demand response program are required to inform SCE in writing of all such programs.
7.
8.
SCE reserves the right to notify Customer to confirm the Customer's Energy Bid amount and clarify
possible errors and to remove Customer from Schedule DBP if Customer is non-compliant with the
terms and conditions of Schedule DBP or this Agreement.
14-741
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ATTACHMENT B
NON-DISCLOSURE AGREEMENT REGARDING CONFIDENTIALITY OF CERTAIN
SOUTHERN CALIFORNIA EDISON COMPANY PRICE DATA
14. This Agreement is subject to change or modification by the CPUC.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their authorized
representatives as of the date set forth above.
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Water Operations Manager
Date
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Title
14-741
Each multiple-meter customer facility site must have at least one qualifying service account with a (C)
maximum demand of greater than 200 kW, as defined in schedule DBP, and such account must be I
designated as the primary account taking service on schedule DBP at all times. Associate service I
account(s) must be on an applicable rate schedule, have interval metering in place, and take service under I
the same corporate tax identification number. Refer to Schedules DBP for additional program I
requirements for multiple-meter customer groups. I
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ATTACHMENT A
(title) of City of Santa Ana
(Company), and am authorized to make
this declaration on behalf of my Company at the following location for the accounts listed below.
I hereby state that I am the
Tax Payer Identification Number:
95-6000785
Address
Public Works Agency, M-85 220 S. Daisy
SANTA ANA
Zip
92701
(Date)
LISTING OF DBP MULTIPLE METER ACCOUNTS:
PRIMARY
SERVICE ACCOUNT PRIMARY SERVICE ACCOUNT ADDRESS RATE
NUMBER SCHEDULE
3-001-3274-58 723 E WALNUT ST., SANTA ANA TOU - 8
ASSOCIATED ACCOUNTS TO BE INCLUDED IN MY MULTIPLE-METER CUSTOMER GROUP
ASSOCIATED SERVICE ACCOUNT ADDRESS RATE
SERVICE ACCOUNT SCHEDULE
NUMBER
14-741
,
DEMAND BIDDING PROGRAM AGREEMENT
BETWEEN CUSTOMER AND SOUTHERN CALIFORNIA EDISON COMPANY (SCE)
...
9.
As a necessary condition to participating in the DBP, Customer must execute and abide by the Non- (C)
Disclosure Agreement Regarding Confidentiality of Certain Southern California Edison Company Price I
Data as set forth in Attachment B. Customer shall ensure that Certificates of Non-Disclosure, as set I
forth in Attachment C, are fully executed. I
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10.
The DBP program is available until modified or cancelled by the Commission. Customer's
participation in this tariff will be in accordance with Rule 12. Subject to Applicant's minimum time
requirements for participating on this rate, Applicant may terminate this Agreement upon thirty (30)
days' written notice. Termination of the Agreement will become effective with the first regular billing
cycle following the thirty-day notice period. SCE may terminate the service agreement at any time
after giving a thirty-day written notice to terminate.
This Agreement shall at all times be subject to such changes or modifications by the Commission as
said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.
E-mail address:TCoughran@ci.santa-ana.ca.us
Phone Number: (714) 647 - 3 318
Pager Details:
In witness whereof, the Part' have caused this Agreement to be executed by their duly authorized agents to
be effective on the date of S 's signature below, provided all nec. inte metering equipment is
led and ready fo 0 . n.
¿.;:::::.
DAVID N. REAM
Prinfed Name of Customer or Company
CITY
Title
CITY
Òtrer!fJr , (-Pi S
Title '
MANAGER
OF SANTA ANA
Southern California Edison
Customer or Company Name
ATTF.')T:
JOSEPH W. FLETCHER
City Attorney
APPROVED AS TO FORM:
PATRICIA E. HEALY
Clerk of the Council
By:
,
Michael Vigliott
Deputy City Attorney
APPROVED AS TO CO
l
Ja es G. Ross
ecutive Director
ork Agency
14-741
of the Public
Jd
This Non-Disclosure Agreement (Agreement) is entered into between Southern California Edison Company (C)
(SCE), a California Corporation, and City of Santa Ana (Customer). I
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ATTACHMENT B
NON-DISCLOSURE AGREEMENT REGARDING CONFIDENTIALITY OF CERTAIN
SOUTHERN CALIFORNIA EDISON COMPANY PRICE DATA
This Agreement shall govern access to and the use by Customer of all SCE power price forecast and/or
price offer data ("Protected Data" as more fully defined herein) provided to Customer in connection with
Customer's participation in SCE's Demand Bidding Program (DBP). Notwithstanding any termination of
the DBP, this Agreement shall remain in effect until it is specifically modified or terminated by SCE.
1.
2.
3.
14-741
(a)
The term "Protected Data" means the day-ahead forecast of SCE's hourly power prices and/or
price offer provided to Customer as part of Customer's participation in the DBP. Protected Data
includes all copies of the hourly power prices, and all notes or analyses incorporating, containing,
or derived from the hourly power prices. Protected Data includes, but is not limited to, information
created, stored, or transmitted in electronic form.
(b)
Protected Data or Materials shall not include: (i) any information or document contained in the
public files of the California Public Utilities Commission (CPUC) or any other state or federal
agency, or in any state or federal court, unless such information or document has been
determined to be protected by such agency or court: or (ii) information that is public knowledge, or
which becomes public knowledge, other than through disclosure in violation of this Agreement.
(c)
The term "Non-Disclosure Certificate" shall mean the certificate annexed hereto as Attachment C
by which persons who have been granted access by Customer to the Protected Data shall, as a
condition of such access, certify their understanding that such access is provided pursuant to the
terms and restrictions of this Agreement, and that such persons have read such Agreement and
agree to be bound by it. All Non-Disclosure Certificates shall be retained by Customer and made
available to SCE upon request.
(d)
A Reviewing Representative shall mean any person, including any employee or consultant of
Customer, who is engaged in activities (including the direct supervision of a person so engaged)
relating to advising Customer or preparing Customer in connection with Customer's participation
in the DBP and who is not a Market Participation Representative as defined below.
(e)
A Market Participation Representative shall include any person, including any employee or
consultant of Customer, who is engaged in activities (including the direct supervision of a person
so engaged), for Customer or others, relating to the purchase, sale or marketing of energy or
capacity, or the bidding on or purchasing of power plants or consulting on such matters, but shall
explicitly exclude the activities of advising customers on utility rates, Direct Access transactions,
and/or demand response programs.
Access of Reviewing Representatives to Protected Data shall be granted only pursuant to the terms of
this Agreement. Any person who is a Market Participation Representative shall not be granted access to
Protected Data.
ATTACHMENT B
NON-DISCLOSURE AGREEMENT REGARDING CONFIDENTIALITY OF CERTAIN
SOUTHERN CALIFORNIA EDISON COMPANY PRICE DATA
4.
Within thirty (30) days after receiving Protected Data, Customer shall return or destroy the Protected (C)
Data. Upon request by SCE, an officer of customer shall also submit to SCE an affidavit stating that, to I
the best of declarant's knowledge, all Protected Data have been returned or destroyed. To the extent I
Protected Data is not returned or destroyed pursuant to this paragraph, it shall remain subject to this I
Agreement. I
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5.
In the event Customer receives a request from a state or federal governmental agency or via a judicial
subpoena for the production of the Protected Data in Customer's possession, the Customer will
immediately notify SCE of such request. Customer and SCE shall cooperate in opposing the request or
requiring the continued confidentiai treatment of the requested data by the requesting agency.
6.
Protected Data shall be treated as confidential by Customer and each Reviewing Representative in
accordance with the certificate executed pursuant to Paragraph 2(c) hereof. Protected Materials shall
not be used except as necessary for the purpose of assisting in Customer's effective participation in the
DBP and shall not be disclosed in any manner to any person except other Reviewing Representatives
who are engaged in Customer's participation in DBP and who need to know the information in order to
carry out their responsibilities.
7.
In the event that a Reviewing Representative to whom Protected Data is disclosed ceases to be
engaged in activities concerning SCE's DBP, access to Protected Data by that person shall be
terminated. Even if no longer engaged in such reviews, every such person shall continue to be bound
by the provisions of this Agreement and the Non-Disclosure Certificate. No Reviewing Representative
may engage in any activities which would define him or her as a Market Participation Representative for
a period of 30 days after ceasing his or her Reviewing Representative duties. Customer agrees to use
best efforts to inform SCE immediately, in writing, if Customer becomes aware that a former Reviewing
Representative has engaged in Market Participation Representative activities sooner than 30 days after
ceasing his or her Reviewing Representative activities.
8.
All disputes arising under this Agreement shall be presented for resolution to the CPUC in the first
instance. Prior to presenting any such dispute to the CPUC, the parties to the dispute shall use their
best efforts to resolve it informally. Neither SCE nor the Customer waives its right to seek additional
administrative or judicial remedies in the event the CPUC acts or declines to act regarding the dispute.
9.
Neither SCE nor Customer waives its right to pursue any other legal or equitable remedy that may be
available in the event of actual or anticipated disclosure of Protected Data.
10.
SCE and Customer may agree at any time to remove the "Protected Data" designation from any material
if, in their mutual opinion, its confidentiality is no longer required.
11.
SCE shall not be liable to Customer for any liability or damage, of any kind, incurred or sustained by
Customer, including for claims against Customer by third parties, as a result of use by Customer of the
Protected Data.
12.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
California.
13.
This Agreement contains the entire understanding between the parties with respect to the Protected
Data. No change or modification shall be made effective unless in writing and signed by an authorized
representative of each party.
14-741
ATTACHMENT C
NON-DISCLOSURE CERTIFICATE
I. Thorn Coughran (individual's name), have been retained or designated by
ci ty of Santa Ana (Customer) to review certain materials that have been designated
as "Protected Data" under the terms of the NON-DISCLOSURE AGREEMENT REGARDING
CONFIDENTIALITY OF CERTAIN SOUTHERN CALIFORNIA EDISON COMPANY PRICE DATA entered
Into between City of Santa Ana (Customer) and Southern California Edison Company
(SCE) on (date) (the Agreement).
1.
I hereby certify my understanding that access to Protected Data is provided to me pursuant to the terms
and restrictions of the Agreement, that I have been given a copy of and have read the Agreement, and
that I agree to be bound by it. I understand that the Protected Data, any notes or other memoranda, or
any other form of information that copies or discloses Protected Data shall not be disclosed to anyone
other than in accordance with the Agreement. I acknowiedge that a violation of the terms of the
Agreement also constitutes a violation of an order of the California Public Utilities Commission.
2.
Protected Data is solely for the purpose of assisting Customer in
idding Program, and that any other use or disclosure of Protected Data
ment.
SIGNED
PRINTED
TITLE:
Water Operations Mgr
DATED:
'ò\ 'bI}A
,
14-741
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Account Number(s):
3-000-6323-10
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ATTACHMENT D
LIST OF SERVICE ACCOUNTS
Primary Notification -
(Phone Number)
Secondary Notification -
(E-mail, Pager, Cell
Phone or Fax)